Clearlake Municipal Code § 5-19 Special Events

a. As hereinafter mentioned in this section, “special event” means, including but without limitation, any assembly or congregation of persons, display, entertainment or demonstration, that is likely to meet any one or more of the following criteria: 1. Be attended by twenty (20) or more people or charges admission to the general public except if the activity occurs as part of a licensed business and the activity is part of the normal business operations; 2. Obstructs, delays or interferes with the normal flow of pedestrian or vehicular traffic, or otherwise fails to comply with traffic laws and controls; or 3. Can reasonably be expected to become a hazard to the public peace, health, safety or general welfare as determined by either the Chief of Police, Fire Chief, City Manager or any other public entity that may be impacted by the special event. 4. Utilizes any equipment to amplify sound that has the potential to exceed 65 decibels as measured on the A-weights scale in the American National Standard 5-1.4-1971 or any duly adopted successor thereto. 5. Alcoholic beverages will be sold or consumed in any public place as defined in Section 5-9, Alcoholic Beverages. 6. Temporary placement of banners or signs promoting the event or gathering in accordance with Section 18-21.080. 7. Promotional activities, including but not limited to amusement rides, fishing tournaments, sidewalk sales, street dances, concerts and live entertainment. 8. Temporary Banners or Signs. (a) Except when authorized by a written permit from the City Manager, it is unlawful for any person or persons to place a temporary banner or sign advertising or promoting a special event. Applications for a permit shall be submitted to the City Manager following the steps listed in this section. A copy of the permit must be in the possession of a responsible party at all times. (b) The City Manager may limit such permit as to location, positioning, size, duration and design. 9. Utilizes any public property or right-of-way. 10. Farmer’s Market. 11. Block party.

12. Parade. (Ord. #2008-134; Ord. #2012-153)

a. “Annual Permit” means an annual Special Event Permit granted for more than one (1) special event occurring within a twelve (12) calendar month period. b. “Applicant” means any person requesting a permit to conduct or sponsor an event governed by this section. Applicants must be eighteen (18) years of age or older. c. “Block party” shall means a special event that is stationary and generally limited to one or more specific streets or City blocks. d. “Chief of Police” means the Chief of the City of Clearlake’s Police Department and includes the Chief of Police’s designee. e. “City Manager” means the City Manager of the City of Clearlake and includes the City Manager’s designee. f. “Fire Chief” means the Chief of the South Shore Fire District and includes the Fire Chief’s designee. g. “Normal business operations” means any activity conducted solely by the business operator and is consistent with the activity for which the business is licensed. “Normal business operations” does not include any activity promoted, either fully or partially, by someone other than the licensed business operator or when the establishment is rented out. h. “Parade” means a special event in which the assembly moves along a pre-established route on City streets but may also be attended by spectators. i. “Participant” means a spectator, fan, supporter or any other person attending for the purpose of watching and/or participating in the special event. j. “Permit” means either a special event permit or annual permit granted pursuant to this section. k. “Permit Application Fee” means the fee to be paid by the applicant at the time the application for a permit is filed with the City Clerk. l. “Permittee” means any person or organization that has been issued a permit by the City of Clearlake. m. “Person” means any individual, firm, partnership, association, corporation, company or organization of any kind. n. “Organizer” means any person who is conducting, sponsoring or organizing a special event. o. “Street” means an offer of dedication or a dedication of a public right-of-way accepted by the City of Clearlake. (Ord. #2008-134, S3; Ord. #2012-153)

Except as otherwise provided herein, the special event regulations apply to all one-time and annual special events occurring within the City of Clearlake shall be prohibited unless a permit, properly issued by the City Manager, has first been obtained. a. Exemptions. A permit is not required for the following: 1. Governmental agencies acting within the scope of their authorized function; 2. Events held at private residences. 3. Any parade or assembly of pedestrians organized for the purpose of exercising First Amendment rights and involving a procession of persons walking on sidewalks and obeying all traffic and other laws. (Ord. #2008-134, S3; Ord. #2012-153)

a. Except as otherwise provided herein, all applications for permits shall be filed with the City Clerk no later than thirty (30) days before the scheduled event. b. Notwithstanding the foregoing, the City Manager shall consider an application that is filed after the filing deadline if: 1. The event involves an activity primarily in exercise of First Amendment rights; 2. A waiver is granted by the City Manager or City Council. c. The City Manager shall, for good cause, consider an application that is filed after the filing deadline if there is sufficient time to process and investigate the application and obtain police and other City of Clearlake services for the special event. Good cause may be demonstrated by showing that the circumstances that gave rise to the permit application did not reasonably allow the participants to file an application within the time prescribed. d. The application for a permit shall be accompanied by a nonrefundable permit application fee in the amount set by City Council resolution. This nonrefundable fee shall cover the actual costs of processing and investigating special event applications and administering the special events permit program. (Ord. #2008-134, S3; Ord. #2012-153)

a. The application for a permit shall include the following information: 1. Written proof of consent by the owners of the property where the special event is to be held;

The name, address and telephone number of the applicant and an alternate contact person; 3. The location of the event, including its boundaries and site plan drawings; 4. If the proposed event is sponsored by an organization, the name, address, and telephone number of the organization, and the authorized representative of the organization; 5. The nature and purpose of the event, including a list of all planned activities that are contemplated for the special event; 6. The name, address and telephone number of the person(s) who will be present and in charge on the day the special event is to be held; 7. Date and estimated starting and ending times of the special event, including set-up and clean-up time; 8. The estimated number of participants of the special event; 9. The type and estimated number of vehicles, animals and structures which will be used at the special event, and whether there will be water aid stations at the special event; 10. A description of any sound-amplification equipment and the times during which such equipment will be used at the special event, and a Sound Plan that describes measures to be taken by the applicant to ensure neighbors and public will not be disturbed; 11. Whether any food or non-alcoholic beverages will be sold or consumed at the special event and, if so, proof of compliance with all applicable local, State and Federal laws, rules and regulations, including proof that the applicant has obtained all necessary permits; 12. Whether any alcoholic beverages will be sold or consumed at the event and, if so, proof of compliance with all applicable laws, rules and regulations of the California Department of Alcoholic Beverages Control; 13. Expected parking requirements and parking plan for the special event; 14. The plan for clean-up after the special event, including any contracts to effectuate the clean-up; 15. Proof of liability and property insurance that meet the minimum requirements of the City’s insurance carrier; 16. A description of the sanitary facilities that will be available to serve the participants of the special event. b. Supplemental Information. The applicant shall provide any supplemental information that, under the particular circumstances of the special event, the City Manager finds reasonably necessary to determine whether to approve or conditionally approve a permit application. (Ord. #2008-134, S3; Ord. #2012-153)

a. The City Manager, upon concurrence of the Chief of Police and Fire Chief, shall approve, conditionally approve or deny all special event applications no later than fifteen (15) calendar days after the City Clerk receives a complete application. Denials shall be based on one or more of the grounds specified in subsection 5-19.7. In the event of special circumstances, as determined by the City Manager, the time limits for such a determination may be reasonably extended. b. If the application is denied, the City Manager shall inform the applicant of the grounds for denial in writing and of the right of appeal. If the application is conditionally approved, the City Manager shall inform the applicant of any permit conditions at the time the application is approved, and of the right of appeal from the permit conditions. If the City Manager refuses to consider a late application, the City Manager shall inform the applicant of the reason for the refusal and of the applicant’s right of appeal. c. The written determination shall further state that the applicant has the option of appealing the decision directly to the City Council. (Ord. #2008-134, S3; Ord. #2012-153)

a. The City Manager shall approve an application for a permit unless he/she determines, from a consideration of the application and other pertinent information, that: 1. Information contained in the application, or supplemental information requested from the applicant, is false in any material details; 2. The application is incomplete or the applicant failed to complete the application after having been notified of the additional information or documents required; 3. The applicant undertook a prior special event without a required permit or otherwise in violation of this section; 4. The applicant failed to pay the additional costs of a prior special event charged pursuant to subsection 5-19.12 c; 5. Another permit application has been received prior in time, or has already been approved, to hold another special event at the time and place requested by the applicant, or so close in time and/or place as to cause undue traffic congestion, or the City of Clearlake’s Police Department is unable to meet the needs for police services for both special events; 6. The concentration of persons, animals and vehicles at the site of the special event, or the assembly and disbanding areas around the event, will either prevent proper police, fire, emergency medical or other governmental services to areas contiguous to the event or will exceed the capabilities of the police, fire or emergency medical, and other governmental services needed to adequately protect the participants;

The size of the event will require diversion of so great a number of City of Clearlake police officers and other public employees to ensure that participants stay within the boundaries or route of the event, or to protect participants in the event, as to prevent normal protection to the rest of the City of Clearlake. Nothing herein authorizes denial of a permit when additional peace officers or approved private security forces to supplement these peace officers or approved private security forces would be available to the City of Clearlake, if requested by the City of Clearlake in advance of the event. Nothing herein authorizes denial of a permit because of the need to protect participants from the conduct of others, if reasonable conditions can be imposed to allow for adequate protection of participants with the number of police officers available to police the event; 8. The location of the special event will substantially interfere with any construction or maintenance work scheduled to take place upon or along the City of Clearlake streets or a previously granted encroachment permit; 9. The special event will occur at a time when a school is in session at a route or location adjacent to the school or class thereof, and the noise created by the activities of the event would substantially disrupt the educational activities of the school or class thereof; 10. Given the nature of the special event, and/or the past history of the applicant, sponsors and/or participants, the City Manager reasonably determines that the event presents a substantial risk to the health, safety and welfare of the participants and/or local residents that cannot be adequately mitigated using available public resources; 11. Alcohol usage is inappropriate for type of event or location; 12. Sound or noise level will have a negative impact on quality of life issues of the residents near the event. b. When the grounds for denial specified in subsection (a) can be corrected by altering either the staffing for, or the date, time, duration, route or location of the event, the City Manager shall, instead of denying the application, conditionally approve the application upon the applicant’s written acceptance of conditions for permit issuance. The conditions imposed shall provide for only such modifications of the applicant’s proposed special event as are necessary to achieve compliance with this section. (Ord. #2008-134, S3; Ord. #2012-153)

The City Manager may condition the issuance of a permit by imposing reasonable restrictions on the time, place and manner of conducting the special event as are necessary or appropriate to protect persons and property, and to control traffic, provided that such restrictions shall not unreasonably interfere with the right of free speech. Such conditions may include, but are not limited to, the following: a. Alteration of the staffing for, or the date, time, route or location of the event; b. Conditions concerning accommodation of pedestrian or vehicular traffic, including restricting the event to only a portion of a street;

c. Requirements for provision of first aid and sanitary facilities, including the presence of emergency medical services personnel; d. Requirements for use of event monitors and providing notice of permit conditions to participants; e. Approval of any proposed private security forces; f. Restrictions on the number and type of vehicles, people, animals or structures at the Event; g. Compliance with animal protection ordinances and laws; h. Requirements for use and provision of garbage containers, clean-up and restoration of City of Clearlake property; i. Restrictions on the time and use of amplified sound; j. Permit applications for block-parties may be conditioned on notice and approval by at least fifty (50%) percent of the residents on the affected street(s); k. Compliance with any relevant ordinance or law, including obtaining any legally required permit or license; l. Adequate proof of payment of the public service fees pursuant to subsection 5-19.11; and m. Adequate proof of compliance with the clean-up requirements set forth in Section 5-19.12. n. Submittal of certificates of insurance that meet the City’s minimum requirements in accordance with subsection 5-19.5. (Ord. #2008-134, S3; Ord. #2012-153)

a. The applicant may appeal to the City Council the refusal to consider a late application, the denial or conditional approval of a permit, any condition imposed on a permit not required by State or Federal law, or a determination that the applicant’s insurance coverage does not comply with the requirements specified in subsection 5-19.10. b. The applicant may request a waiver from the City Council regarding the amount of fees imposed pursuant to subsection 5-19.11, clean-up deposits imposed pursuant to subsection 5-19.12, or the indemnification/bond requirement imposed pursuant to subsection 5-19.10 if the special event is sponsored by a nonprofit organization or co-sponsored by the City of Clearlake or other public agency, or if the primary purpose of the event is First Amendment expression and the cost of paying the fees, posting a bond, or entering into an indemnification agreement is or may be so financially burdensome that it would constitute an unreasonable burden on the exercise of rights protected by the First Amendment. c. Notwithstanding Chapter V, all appeals and/or requests for waivers shall be filed with the City Clerk no later than five (5) days following the notice of decision by the City Manager.

d. Any hearing before the City Council shall be held, soon as reasonably possible. (Ord. #2008-134, S3; Ord. #2012-153)

Prior to the issuance of a permit, the applicant shall execute an agreement to reimburse the City of Clearlake for all the costs and expenses incurred by the City of Clearlake as a result of the Event, insofar as permitted by law. The City Manager may also require the applicant to post a cash bond in an amount to be determined by the City Manager, sufficient to satisfy this reimbursement obligation. The agreement shall provide that the applicant shall defend, indemnify and hold harmless the City of Clearlake and its officers and employees from any liability to any persons or property resulting from any damage or injury occurring in connection with the permitted Event, insofar as permitted by law. (Ord. #2008-134, S3; Ord. #2012-153)

a. Upon approval or conditional approval of an application for a permit, the City Manager shall provide the permittee with a statement of the estimated cost of providing police, fire, emergency medical services and other City of Clearlake employees for public safety at the event. The cost of such services shall be solely borne by the permittee and shall be paid to the City of Clearlake no later than five (5) days before the special event. b. The public service fees will be established by resolution of the City Council for Special Events. The amount of such fees shall be based on the City of Clearlake’s actual cost of providing the required number of police and other City of Clearlake employees necessary to ensure the safety of both the participants and the community. c. If the actual cost of public services for the event is less than the estimated cost, the permittee will promptly be refunded the difference by the City of Clearlake. If the actual cost for public services is more than the estimated cost, the difference shall become due and payable to the City of Clearlake upon the permittee’s receipt of a statement of the cost. d. Public service fees may be waived by the Clearlake City Council for nonprofit organizations. (Ord. #2008-134, S3; Ord. #2012-153)

a. The applicant for an event in public facilities or on public property or rights-of-way involving the sale of food or beverages, erection of structures, horses or other large animals, or water aid stations, shall be required to provide a clean-up deposit prior to the issuance of a permit. As an alternative to such deposit, the applicant may provide a written contract for event clean-up.

b. The clean-up deposit shall be returned after the event if the area used for the Event has been cleaned and restored to the same condition as existed prior to the event. c. If the public facilities, public property or rights-of-way used by the participants have not been fully cleaned or restored, the permittee shall be billed for the actual cost for clean-up and restoration, and the clean-up deposit, or a portion thereof, shall be applied toward payment of the bill. If the permittee disputes the bill, the permittee may appeal to the City Manager within five (5) days after receipt of the bill. Should there be any unexpected balance on deposit after completion of the work, this balance shall be refunded to the permittee. Should the amount of the bill exceed the clean-up deposit, the difference shall become due and payable to the City of Clearlake upon the permittee’s receipt of the bill. d. Clean up deposits may be waived by the Clearlake City Council for nonprofit organizations. (Ord. #2008-134, S3; Ord. #2012-153)

a. The City Manager, Chief of Police, and/or the Fire Chief may revoke a permit upon a finding that any term, condition, restriction or limitation of such permit has not been complied with, including the timely payment of all required deposits, or if he/she finds that, as a result of changed circumstances, any one or more of the grounds for denial specified in subsection 5-19.7, are present. Notice of such action revoking a permit shall be delivered in writing to the permittee by personal service or by registered mail. Appeal to the City Council from any such revocation may be taken as specified in subsection 5-19.9. b. The City Manager, Chief of Police, and/or the Fire Chief may revoke a permit and close a special event prior to the expiration of the permit in the event of the occurrence of a riot, major disorder or serious breach of the peace or a violation of the permit when, in his/her opinion, it is necessary to prevent injury to persons and/or to property. (Ord. #2008-134, S3; Ord. #2012-153)

All violations of the provisions of this section are misdemeanors. (Ord. #2008-134, S3)