Colton Municipal Code Ch. 5.44 Special Events

The intent of this chapter is to provide a regulatory framework for Permitting Special Events. The Use of City Streets or other City-owned or controlled Property and Private Property by large groups causes wear and tear on the turf, Park equipment and facilities. Further, it requires City staff time to provide coordination. Such Uses also subject neighboring Residents to excessive Noise and traffic, particularly when the Property or Facility is small or the Use is intense. As such, the purpose of this chapter is to ensure that Special Events are conducted so as not to violate any other Ordinance or regulation of the City or cause any detrimental effects to surrounding Properties and the community. The provisions set forth in this chapter Shall establish criteria for characterizing events as "Special Events" and standards and conditions for approving and Permitting such Special Events.

(Ord. 0-17-02 § 1 (part), 2002)

The Following words, terms and phrases when Used in this chapter Shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

"Administrative Authority" means the City Manager of the City of Colton or his or her Designee.

"Air-Medical Operations Permit" means a Permit issued by the Fire Chief or his or her Designee, allowing the landing and takeoff of EMS air rescue or air Ambulance helicopters for the purposes of Special Event stand-by services.

"City Manager" means the City Manager of the City of Colton or his or her Designee.

"Departmental Service Charges" means the actual costs which a Department of the City incurs in connection with activities for which a Permit is required under this chapter, including, but not limited to, the costs of administration or coordination services, support personnel, equipment, Materials and supplies.

"Free Speech Rights" means expressive activity protected by the First Amendment of the United States Constitution or Article 1, Section 2 of the California Constitution, provided that such activity is the principal purpose of the event.

"Indigent Natural Person" means a Person eligible for County relief and support as an indigent Person under Section 17000 of the California Welfare and Institutions Code.

"Medical Operations Permit" means a Permit issued pursuant to Health and Safety Code Section 1797.201, which gives the City the right to require and evaluate, modify, approve or reject the "medical operations plan" of any Applicant wishing to conduct a Special Event within the City.

"Parade" means a Parade, procession, march, pageant, review, ceremony or exhibition which is conducted in, on, upon or along any portion of any Public Street, Sidewalk or other Property owned or controlled by the City, so as to impede, obstruct, impair or interfere with the free Use of such Public Street, Sidewalk or other Public Property of the City; except, however, the provisions of this chapter Shall not apply to funeral processions.

"Special Event" means any temporary event, as further described herein, not exceeding thirty Days whether indoors or outdoors, or on improved or unimproved public or Private Property, which is inconsistent with the permanent Use to which the Property May legally be put, or the Occupancy levels Permitted thereon. "Special Event" Shall also refer to any activity that May result in the closure of any Public Streets, or any activities which May temporarily require the installation of Materials or devices using Building, electrical, mechanical, plumbing, flammable or similar Materials. "Special Events" May include, but are not limited to, short-term events such as any show, circus, concert, festival, carnival, dance open to the public, exhibition, lecture, auction, rave, boxing match, wrestling match, walk-a-thon, marathon run, cycling event, sporting event, Permitted film production event, farmers' market, pumpkin patch, outdoor Sales, including, but not limited to, Vehicle Sales, or any combination thereof which members of the public are invited for free or admitted for a Fee. All "Special Events" Shall be classified under one of the Following categories:

1. "Major Special Events" Shall mean those events that impact multiple Departments within the City and (a) have participation by five hundred or more Persons, or (b) will result in the closure of a City roadway, Street, Right-of-Way, or Highway, or more than fifty percent of a City Park (i.e., carnivals, Parades, festivals, car races, marathon events, Street fairs).

2. "Minor Special Events" Shall mean those events that impact multiple City Departments and (a) have participation by less than five hundred Persons, or (b) will have an impact on City rights-of-way (i.e., 5K/10K races, Bicycle rides, boxing matches, Block parties, grand openings).

3. "Miscellaneous Special Events" means those events which impact only one City Department, including, but not limited to, the Following Departments:

a. Community Development;

b. Police;

c. Community Services; or

d. Fire.

"Miscellaneous Special Events" include, but Shall not be limited to, Park and Facility usage, such as usage of the Fleming Park band shell, which does not fall into the categories of major or Minor Special Events as defined in this section, as well as short-term or long-term Use of athletic Fields by sports organizations, sports leagues or athletic leagues which serve youth (seventeen Years of age or younger) or adults (eighteen Years of age or older).

4. "Working Day" means a weekday (e.g., Monday through Thursday) in which City hall is open and conducts Business. Fridays, Saturdays, Sundays and Holidays are not Working Days within the meaning of this chapter.

(Ord. 0-13-06 § 2, 2006; Ord. 0-17-02 § 1 (part), 2002)

A Special Events Committee composed of Representatives from each City Department is hereby established. The Committee will meet on an as-needed basis to review Special Event Applications. The chair for the Special Events Committee Shall be the Administrative Authority.

(Ord. 0-17-02 § 1 (part), 2002)

No Person or organization Shall conduct, operate, maintain, organize, advertise, or sell or furnish tickets for a Special Event or Permit its Premises to be Used for any Special Event without first obtaining a Special Event Permit as provided for by this chapter. Special Event Permits for events which fall into the "major," "minor" and "miscellaneous" Special Events categories Shall be Approved by the Administrative Authority and issued prior to the commencement of the Special Event. No Permit issued under the provisions of this chapter Shall be transferable or movable to another location or another Applicant.

(Ord. 0-17-02 § 1 (part), 2002)

A. Applications for Permits to conduct Special Events Shall be completed in writing on a form provided by the City and Shall be filed within the time frames below:

1. Major Special Events. Applications Shall be filed with the Administrative Authority not less than sixty Working Days prior to the opening date of the event.

2. Minor Special Events. Applications Shall be filed with the Administrative Authority not less than thirty Working Days prior to the opening date of the event.

3. Miscellaneous Special Events. Applications Shall be filed with the Department directly affected by the event, according to City policy as established by City Council Resolution, not less than seven Working Days prior to the event. If an Application on its face demonstrates that the Applicant wishes to exercise his or her Free Speech Rights, as defined in this chapter, such Application Shall be filed not less than four Working Days prior to the event.

B. Only one "Major Special Event" or one "Minor Special Event" Permit May be obtained every three Months for any particular event site. This subsection, however, Shall not apply to an event involving an exercise of Free Speech Rights.

C. Except as otherwise provided by this Code or other applicable Law, rule or regulation, or by the terms of a Permit, license, lease or contract which has been specifically authorized by the City Council, the Permit Application Fee for Use of City Streets or other City-owned or controlled Property and Private Property pursuant to this chapter Shall be established by the City Council by Resolution and is non-refundable. The Applicant Shall obtain all required Permits and pay all Fees required under this chapter and any other Permits and Fees required under this Code. Any Applicant who pays an Application Fee under this chapter for a City-sponsored Special Event Shall be exempt from paying a Business Application Fee under Chapter 5.02 of this Code.

D. Any 501(c)(3) Nonprofit Organization May claim an exemption from the established Fee schedule by filing proof of such status and explaining why such an exemption is appropriate. Such an exemption Shall only be granted when the Administrative Authority determines that there is an alternate source of funding available to cover the cost of the City inspection necessitated by the event.

E. Any indigent, natural Person who cannot apply for a Permit because of an inability arising from such indigence to pay this Application Fee Shall not be required to pay the Fee. Application for indigent status Shall be made at the time the Permit Application and Shall be accompanied by such relevant information and documentation as may, in the opinion of the Administrative Authority, be reasonable necessary to verify such status.

F. If an Application is filed after the time prescribed in this chapter, the Administrative Authority Shall immediately investigate to determine if he or she has sufficient time to process the Application, what the effects of the proposed Special Event on traffic and other conditions May be, and whether Police Services May be available for such Special Event. The Applicant Shall have the opportunity to demonstrate that the circumstances giving rise to the proposed Special Event did not reasonably allow the Applicant to file for a Permit within the time prescribed and that imposition of the time limitation would unreasonably restrict the right of free speech or assembly. If such demonstration is made, and the Administrative Authority makes none of the findings set forth in Section 5.44.070 of this chapter, he or she Shall issue a Permit despite the lack of advanced Notice.

(Ord. 0-13-06 § 1, 2006; Ord. 0-17-02 § 1 (part), 2002)

Applications Shall be upon a form which is furnished by or acceptable to the Administrative Authority. Each Application Shall provide full, complete and detailed information including, but not limited to, the Following:

A. All Special Events:

1. The name, address, telephone number and California Driver's License number or California Identification number of both the Applicant and any alternative contact Person;

2. If the event is proposed to be sponsored by an organization, the name, address and telephone number of the organization, and the authorized head of the organization. If the Application is made by a partnership, the names and addresses of the partners Must appear. If the Application is a corporation, the Application Must be signed by the president, vice president and secretary thereof and Must contain the addresses of the corporate officers and a certified Copy of the articles of incorporation Shall be submitted with the Application;

3. The name, address and telephone number, and California Driver's License number or California Identification number of the Person(s) who will be present and in charge of the event on the Day(s) of the event. All Persons listed pursuant to this subsection Shall be deemed responsible for the Special Event and any and all conditions imposed pursuant to a Permit;

4. The nature/purpose of the event;

5. Date and estimated start and ending time of the event, and Days and hours of operation, including set-up and clean-up times;

6. Location of the event, including its boundaries;

7. Site Plan and/or Building Elevations for the event;

8. Estimated number of participants and spectators in the event, including estimated number of vendors and contractors involved with the event;

9. Number of Applicant's agents or Employees to be working at the event;

10. The type and estimated number of Vehicles, animals, and Structures which will be Used at the event;

11. The size, shape and Material of Signs or banners to be posted at the event or along a Parade route, if any, and the method of posting. All Signs posted Must be in compliance with the regulations concerning Signs as set forth in Chapter 18 of this Code;

12. Description of the availability of water and toilets;

13. Description of any sound amplification equipment which will be Used at the event. Any amplification of sound Must comply with the City's Noise standards as set forth in Chapter 10.16 of this Code;

14. Whether any food, beverages or merchandise will be sold at the event;

15. Whether any Alcoholic Beverages will be sold or dispensed at the event. Any Sale or consumption of Alcoholic Beverages at a Special Event Must comply with the City's regulations regarding the public consumption and possession of alcohol beverages as set forth in Section 9.20 of this Code;

16. Whether volunteers will be employed to monitor the event;

17. Description of Vehicle Parking Spaces needed, Vehicle Access and on-site traffic control for the event. A Plot plan showing arrangement of the facilities including those for parking, egress and ingress Shall be submitted with the Application;

18. Description of type of Medical Services and fire protection services to be provided for the event such as first aid stations, medical triage areas and stand-by ground Ambulances;

19. If medical aircraft such as air rescue or air Ambulance Services will be utilized, a description of the type of aircraft, the estimated arrival time, location of the landing site and contact Person responsible for air operations;

20. A statement of any specialized medical resources or personnel that are required by the rules or regulations of the event, above the level of advanced first aid, in order for the event to be conducted, i.e. physicians for boxing matches;

21. Number of tickets sold at a previous event, if applicable, and number of tickets anticipated to be sold at the event;

22. If it is proposed or expected that spectators or participants will remain at Night or overnight, a statement of arrangements for illuminating the Premises and for camping or similar facilities;

23. A statement of the proposed cleanup of the Premises and removal of trash after the event has concluded;

24. The name, telephone number, address and Business License number of any Business providing security officers.

B. Additional information required for Parades, races and other events affecting City rights-of-way:

1. The assembly point for the event, the time at which units of the Parade or other event will begin to assemble;

2. The route to be traversed;

3. Whether the Parade or other event will occupy all or only a portion of the Streets proposed to be traversed;

4. The intervals of space to be maintained between units of a Parade or other event;

5. The number, types and size of floats, if any;

6. Material and maximum size of any Signs or banners to be carried along the route.

C. The Administrative Authority May request supplemental Application information from the Applicant which the Administrative Authority deems reasonably necessary, under the particular circumstances of the Special Event Application, to determine whether to approve, deny or conditionally approve a Special Event Permit Application. A request for supplemental Application information Shall not effect the relevant Application processing time period set forth in this chapter.

D. An Application will be deemed incomplete if it tacks any information required by Section 5.44.060 of this chapter. An incomplete Application Shall not trigger the relevant Application processing times prescribed in Section 5.44.050 of this chapter until the Applicant submits a full, complete and detailed Application. The City reserves the right to amend or modify the Permit Application form at any time.

(Ord. 0-17-02 § 1 (part), 2002)

A. The Administrative Authority Shall approve, conditionally approve or deny Applications for Special Event Permits based, on compliance or noncompliance with the provisions set forth within this chapter. The Administrative Authority May refer the Application to such appropriate City Departments as he or she deems necessary from the nature of the Application for review, evaluation, investigation and recommendations by the Departments regarding Approval or disapproval of the Application.

B. The Administrative Authority Shall issue the Permit, conditioned upon the Applicant's Written agreement to comply with any and all terms of this chapter and any conditions imposed on the issuance of the Permit, unless he or she finds that:

1. The information contained in the Application is false or intentionally misleading, the Applicant failed to remit Fees and deposits, or failed to provide proof of insurance and an indemnification agreement if required, or failed to provide supplemental Application information after having been notified;

2. The temporary Use of the City's rights-of-way or Property will endanger public health, welfare or safety for the reasons set forth herein, and reasonable adjustments to the community traffic control, Street and Property maintenance, or police, fire or Ambulance protection would not alleviate such danger:

a. An Application received prior in time has been Approved for the same time and place so close as to cause undue traffic congestion or exceed the ability of the City to provide police and other services for both Uses, events or activities;

b. The time, route or size of the proposed Use, event or activity will disrupt traffic within the City beyond practical solution;

c. The proposed Use, event or activity will prevent proper police, fire or Ambulance Service to contiguous areas or interfere with Access to fire stations and fire hydrants;

d. The location of the proposed Use, event or activity will substantially interfere with construction or Maintenance Work scheduled upon or along the City Streets or rights-of-way;

e. The preparation for or the conduct of the proposed Use, event or activity will unduly impede, obstruct or interfere with the City's ability to perform municipal functions or furnish City services in the vicinity of the event area;

f. The Parade or other event moving along a route within the City and on City rights-of-way will not move from its point of origin to its point of termination in three hours or less;

g. The event Shall 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;

h. The event Shall occur at a route or location adjacent to a Hospital, fire station or Place of Worship and the Noise or other disruptions created by the event would substantially disrupt the activities of said Hospital, fire station or Place of Worship.

C. Within thirty Working Days after the filing of the Permit Application for a "Major Special Event," the Administrative Authority Shall issue, conditionally approve or deny the Permit, and Shall notify the Applicant, in writing, of the action taken.

D. Within five Working Days after the filing of the Permit Application for a "Minor Special Event," the Administrative Authority Shall issue, conditionally approve or deny the Permit, and Shall notify the Applicant, in writing, of the action taken.

E. Within five Working Days after the filing of the Permit Application for a "Miscellaneous Special Event," the Department Head, or his or her Designee, of the Department directly affected by the event Shall issue, conditionally approve or deny the Permit and Shall notify the Applicant, in writing, of the action taken. If a Permit Application on its face demonstrates that the Applicant wishes to exercise his or her Free Speech Rights, as defined in this chapter, the Department Head, or his or her Designee, Shall issue, conditionally approve or deny the Permit Application within three Working Days after the filing of the Permit Application and Shall notify the Applicant of the action taken.

F. In those instances when issuance or denial occurs three Days or less before the proposed Use, event or activity the Administrative Authority is authorized to Use other reasonable means of notification provided the Applicant is provided with actual notification.

G. If the Administrative Authority denies the Permit, he or she Shall set forth the reasons for denial. The Administrative Authority's Decision Shall be final unless Appealed.

H. If the Application could be Approved subject to conditions, as authorized in Section 5.44.080 of this chapter, the Administrative Authority Shall, instead of denying the Application, conditionally approve the Application subject to such corrections and conditions. The conditions imposed Shall provide only for such modifications of the Applicant's proposal as are reasonably necessary to avoid situations described in subsections (B)(2)(b) through (B)(2)(h) of this section.

(Ord. 0-13-06 § 3, 2006; Ord. 0-17-02 § 1 (part), 2002)

The Administrative Authority May condition the issuance of a Special Events Permit by imposing reasonable requirements concerning the time, place and manner of the event, and such requirements as necessary to protect the safety of Persons and Property, and the control of traffic, provided such conditions Shall not unreasonably restrict Free Speech Rights. Such conditions include, without limitation:

A. Alteration of the date, time, route or location of the event proposed on the event Application;

B. Conditions concerning the area of assembly and disbanding of Parade or other events occurring along a route;

C. Conditions concerning accommodation of Pedestrian, adequate Parking Space, or vehicular traffic and control, including restricting the event to only a portion of a Street traversed;

D. Requirements for the Use of traffic cones, delineators or barricades;

E. Requirements for the provision of first aid, medical or sanitary facilities;

F. Requirements for Use of event monitors, and providing Notice of Permit conditions to event participants;

G. Restrictions on the number and type of Vehicles, animals or Structures at the event, and inspection and Approval of floats, Structures and decorated Vehicles for safety purposes;

H. Compliance with animal protection Ordinances and Laws;

I. Requirements for Use of trash containers, cleanup and restoration of City Property or Right-of-Way;

J. Restrictions on Use of amplified sound;

K. Notification to Businesses and residences along the affected Street(s);

L. Compliance with any relevant Ordinance or, Law and obtaining any legally required Permit or license;

M. Restrictions on the consumption of Alcoholic Beverages;

N. Inspection by City staff or Designee(s) before, during and after the event;

O. Requirements for additional Police Officers or Security Officers for an event of five hundred or more participants. Said Security Officers Must be Uniformed guards licensed by the State and in possession of a valid guard card at all times during the Special Event. Said Security Officers Must present their valid guard cards upon the request of any Police Officer. This subsection, however, Shall not apply to an event involving an exercise of Free Speech Rights;

P. Requirements for additional fire protection if the event is located in or near a Hazardous fire area;

Q. Requirements for the provision of fire protection equipment or the removal of flammable vegetation, Materials or other fire hazards;

R. Requirements for an ample supply of portable water for drinking and sanitation purposes on the Premises of the event. All water Shall meet Federal, State and County Health and Safety Standards;

S. Requirements that food concessionaires be licensed and operated under a valid Health Department Permit pursuant to State and Local Laws and that an adequate supply of food available at the event for each Day of operation to adequately feed the number of Persons expected to be in attendance;

T. Requirements for the Use of electrical illumination for Special Events occurring after dark;

U. Requirements for the Use of overnight camping facilities and overnight areas that meet the requirements of Title 25 of the California Code of Regulations for Mobilehome Parks, special Occupancy trailer Parks and campgrounds, including travel trailer Parks, recreational trailer Parks, temporary trailer Parks, Incidental camping areas and tent camps, for events that allow Persons attending the event to remain on the Premises overnight.

(Ord. 0-17-02 § 1 (part), 2002)

A Business License Shall be required for any Special Event which involves the conduct of Business within the City of Colton as defined by Chapter 5.02 of this Code. Said Permit Application Shall be reviewed and Approved by the Administrative Authority and the Business License officer or his or her Designee, under the provisions of this Code. Any Applicant who pays an Application Fee under this chapter for a City-sponsored Special Event Shall be exempt from paying a Business Application Fee under Chapter 5.02 of this Code.

(Ord. 0-17-02 § 1 (part), 2002)

A special Medical Operations Permit Shall be required for any Special Event, where, in the opinion of the Fire Chief, it is essential for public safety in a Place of Assembly or any other place where people congregate, due to the number of Persons participating in the Special Event or the Projected impact to the Emergency Medical Services System within the City. Where required, the Owner, agent or licensee Shall submit for Approval to the Fire Chief, or his or her Designee, a medical operations plan in accordance with the criteria established by the Emergency Medical Service office of the Colton Fire Department. This plan May require the Owner, agent or licensee to employ one or more medically qualified Persons, including medically trained Fire Department personnel, as required and Approved, to be on duty at such a place. Such individuals Shall be subject to the Fire Chief's Orders, or his or her Designee's, at all times when so employed and Shall be in Uniform and remain on duty during times that such places are open to the public, or when such activity is being conducted. Before each performance or the start of such activity, such individuals Shall inspect the required medical equipment to see that they are in the proper place and in good working order, and Shall keep a diligent watch for medical emergencies during the time such place is open to the public or such activity is being conducted. Events that May require a special Medical Operations Permit include, but are not limited to:

A. Any event in which specialized Emergency Medical Services are provided above the level of Advanced First Aid, such as Emergency Medical Technician-1, Paramedics, nurses, physician assistants and/or physicians;

B. Any event, by the rules of the event, which requires the need to have contract Emergency Ambulance Service providers or personnel on site in order to conduct said event, (i.e., boxing matches, BMX Bicycle races or similar high-risk injury activities);

C. Any event utilizing standby air rescue or air Ambulance Services.

D. Any event the Fire Chief or his or her Designee deems May adversely impact the Emergency Medical Services response capability of the City of Colton based upon:

1. The location of the event;

2. Projected event participation; or

3. Any other applicable criteria as established by the Fire Chief.

E. Public safety agencies conducting Special Events within the City May be exempt from some requirements upon Approval of the Fire Chief or his or her Designee.

(Ord. 0-17-02 § 1 (part), 2002)

A special Air-Medical Operations Permit Shall be required for all events utilizing standby air rescue or air Ambulance Services. The Fire Chief or his or her Designee Shall direct the landings and takeoffs of all EMS air rescue or air Ambulance operations within the City of Colton. Standby Fire Department and/or Police Department resources May be required during landing or takeoff operations for safety and security reasons. An air-medical operations plan Shall be submitted, for the Approval of the Fire Chief or his or her Designee, to include the Following information:

A. Name of the air rescue or air Ambulance provider;

B. Contact Person for air operations;

C. Type and size of aircraft;

D. Patient transport capability;

E. Level of medical staffing;

F. Frequency or list of frequencies available for ground-to-air contact;

G. Landing zone site and alternate landing zone site;

H. Security for landing zone site.

(Ord. 0-17-02 § 1 (part), 2002)

In addition to any and all regulations or conditions that May be imposed pursuant to this chapter, Applicants Must also comply with all regulations affecting the Use of City Parks as provided in Chapter 12.24 of this Code.

(Ord. 0-17-02 § 1 (part), 2002)

All Parade participants are prohibited from throwing any objects from any float, Vehicle, horse or movable object during the Parade procession. This prohibition does not preclude Parade participants from handing out any objects, such as candy, pamphlets or any Written Materials along the side of the Parade route. Those handing out such Materials Must not impede the flow of traffic in the Parade or cause unnecessary or disruptive delays of the Parade.

(Ord. 0-17-02 § 1 (part), 2002)

All events which are subject to this chapter Shall close and cease operation continuously between the hours of two a.m. and six a.m. of each and every Day, unless otherwise provided in a Permit issued pursuant to this chapter.

(Ord. 0-17-02 § 1 (part), 2002)

A. In addition to the payment of the Permit Application Fee, an Applicant Shall pay the City for all City Departmental Service Charges incurred in connection with or due to the Applicant's activities under the Permit. Additionally, if City Property is destroyed or damaged by reason of the Applicant's Use, event or activity, the Applicant Shall reimburse the City for the actual replacement or repair cost of the destroyed or damaged Property.

B. At least three Days prior to a Parade, event or activity Permitted under this chapter, the Applicant Shall pay to the City a deposit in an amount sufficient to cover the total estimated City Departmental charges which the Administrative Authority estimates will be incurred in connection with the Permit.

C. City Departments Shall submit the final invoices and billings for Departmental charges actually incurred to the Administrative Authority no later than ten Working Days after the expiration date of the Permit.

D. If the deposit is less than the final charges pursuant to this section, the Applicant Shall pay the difference to the City within ten Working Days of billing. If the deposit is more than such final charges, the City Shall refund the difference to the Applicant within the twenty Working Days after the expiration of the Permit.

(Ord. 0-17-02 § 1 (part), 2002)

A. At the time of filing an Application for Special Event the Applicant Shall submit an agreement on a form provided by the City and signed by the Applicant stating that, within twenty four hours after the conclusion of the Special Event, the Applicant will clean and restore or cause to be cleaned or restored to its original condition the Property upon which the Special Event is to occur and remove any Notices posted pursuant to Section 5.44.200 of this Code.

B. To ensure the Property is restored to the condition it existed in immediately prior to the effective date of the Permit, the Administrative Authority Shall require a cash deposit or other City Attorney-Approved form of financial arrangement from an Applicant as a condition to the issuance of Permit. The deposit Shall be in the amount established by Resolution adopted by the City Council.

C. A Designated Representative of the City Shall inspect the Property within three Days of the expiration date of the Permit to determine whether the Applicant has complied with this section.

D. The security deposit, pursuant to subsection (C) of this section, Shall be refundable on compliance with the provisions and requirements of this chapter, including but not limited to the removal of trash and debris, temporary Signs, temporary circulation Improvements, temporary fencing and appurtenant accessory facilities and Structures and the cleanup of the site. In the event the Applicant fails to comply with the terms of this chapter and remove all temporary facilities and Structures or clean the site in a manner satisfactory to the Administrative Authority, the City May do so cause the same to be done immediately after twenty hours of the conclusion of the event and the actual costs thereof and any storage costs incurred by the City Shall be charged against the Applicant and its cash deposit or bond or against the liability insurance provider. In the event the City removes or causes to be removed any temporary Improvements, Notice Shall be given to the Applicant indicating that the City has removed such temporary facilities or Structures and that they will be destroyed and/or will become the Property of the City within thirty Days of such Notice if neither the Applicant nor any Representative of the same has contacted the City prior to the expiration of the thirty-Day period. All Notices Shall be sent to the Applicant's address as provided on the Special Event Permit Application unless the Applicant supplies the City a substitute address in writing.

(Ord. 0-17-02 § 1 (part), 2002)

A. Concurrent with the issuance of a Permit under this chapter, and as a condition precedent to the effectiveness of the Permit, the Applicant Shall procure and maintain in full force and effect during the term of the Permit a policy of insurance from an insurance company with an A.M. Best's insurance rating of A:VIII or better, authorized to do Business in the State, and which policy includes the City, its boards, officers, agents and Employees as named insureds or additional named insureds. Proof of insurance Shall be submitted to the Administrative Authority not less than fifteen Days prior to Major Special Events, not less than ten Days prior to Minor Special Events, and not less than two Days prior to Miscellaneous Special Events. The minimum limits of liability coverage Shall conform to a schedule as adopted by Resolution of the City Council.

B. If the Administrative Authority determines that a particular Use, event or activity which is for a Permit period of no more than one Day does not present a substantial or significant public liability or Property damage exposure for the City or its officers, agents and Employees, the Administrative Authority May give a Written waiver of the insurance requirements of this section.

C. This requirement, as set forth in subsection (A) of this section, however, Shall not apply to an event involving an exercise of Free Speech Rights provided that, to the extent possible, such an event is redesigned or rescheduled to respond to specific risks, hazards and dangers to the public health and safety identified by the Administrative Authority as being reasonably foreseeable consequences of the event.

D. A claim for exclusion and alternative treatment under subsection (C) of this section Shall be filed with and at the same time as the Special Event Application and an agreement or proof of insurance, as applicable, Shall be filed prior to Permit issuance. The Administrative Authority May require such proof and documentation as he or she deems reasonably necessary to verify the constitutionally protected status of the event and the applicability of subsection (C) of this section.

(Ord. 0-17-02 § 1 (part), 2002)

Prior to the issuance of a Special Event Permit or temporary Use Permit, the Applicant Shall provide the City with an executed hold-harmless agreement on a form provided by the Administrative Authority, which Shall substantially state that the Applicant agrees to indemnify, hold harmless, defend and reimburse the City, its officers, Employees, volunteers and agents from any liability, damage, penalty, expense or loss of any nature, including but not limited to, liability for injury to or death of Persons, or damage to Property arising out of or in connection with the Special Event or approximately caused by the negligent or intentional Act or omission of the Applicant, any officer, Employee or agent of the Applicant, or any Person who is under the Applicant's control. In addition, such an agreement Shall provide that in the event a claim is made against the City of Colton, its officers, Employees, volunteers or agents by suit or otherwise, whether the same be groundless or not, arising our of such negligent or intentional Act or omission, the Applicant Shall defend and indemnify the City, its officers, Employees, volunteers or agents for any judgment rendered against it or any sums paid out in settlement or otherwise. The City Shall choose its legal counsel in defending the City from any and all liability, damage, penalty, expense or loss of any nature arising out of or in connection with the Special Event or approximately caused by the negligent or intentional Act or omission of the Applicant, any officer, Employee or agent of the Applicant, or any Person who is under the Applicant's control. Such agreement Shall be filed with the Administrative Authority prior to the issuance of the Permit.

(Ord. 0-17-02 § 1 (part), 2002)

No Special Event Permit Shall be issued until clearance and inspections from the appropriate agencies and Departments have been completed. The Special Event Permit and all Business Permits relating to the event Must be posted on the Premises in a conspicuous place, and a Copy thereof Must be in the possession of the individual responsible for the supervision of the event.

(Ord. 0-17-02 § 1 (part), 2002)

If a Special Event requires the closure of a Street or Streets, the Applicant of the Special Event May be required to provide proof to the Administrative Authority of one of the Following:

A. Notice via United States Mail to Property Owners and Occupants whose Property is located on the closed Streets that a Street closure will occur on a date or dates certain due to a Special Event;

B. Notice via publication in a newspaper of general circulation that a Street closure will occur on a date or dates certain due to a Special Event;

C. Notice via posting at Properties located on the closed Streets that a Street closure will occur on a date or dates certain due to a Special Event. Such Notice Shall be posted according to specifications as provided by the Administrative Authority, including, but not limited to, the distance required between Notices, quantity of Notices, and the size of such Notices. Pursuant to Section 5.44.160 of this Code, within twenty-four hours of the completion of the event, the Applicant Must remove all such Notices posted.

D. Such Notices Shall be mailed, published or posted not less than twenty Days prior to Major Special Events and not less than ten Days prior to Minor Special Events. Notices for Miscellaneous Special Events Shall be mailed, published or posted as provided by the Administrative Authority.

(Ord. 0-17-02 § 1 (part), 2002)

The Chief of Police, Fire Chief, Community Development Director or their Designees May conduct, at any time, on-site inspections of Special Events Permitted pursuant to this chapter for compliance with the imposed requirements and the medical operations plan or air-medical operations plan. In addition to any and all regulations or conditions that May be imposed pursuant to this chapter, Applicants Must also comply with all Fire Code regulations and requirements as set forth in this Code, including payment for inspection costs by the Fire Chief or Designee. The Chief of Police or the Fire Chief, or his or her Designee, reserve the right to:

A. Require immediate correction of hazards, dangerous conditions or deficiencies that have been deemed to place the public health or safety at risk for harm or injury; and,

B. Revoke the Special Event Permit immediately if substantial Violation or noncompliance with the previously submitted plans is deemed to place the public health or safety at risk for harm or injury.

(Ord. 0-17-02 § 1 (part), 2002)

A. Any Applicant May Appeal the final Decision of the Administrative Authority or the revocation of a Permit granted pursuant to this chapter to the City Council within two Days thereafter. Appeals Shall be filed with the City Clerk, either by personal service, fax or first class mail (postage prepaid). Any such Appeal Shall set forth the reasons for the Appeal and Shall be accompanied by an Appeal filing Fee. The Appeal filing Fee Shall be established by the City Council by Resolution. Failure of any Person to receive Written Notice Shall not invalidate same. The City Council Shall act upon the Appeal at the next regularly scheduled Council meeting held more than five Working Days and less than ten Working Days after the filing of the Appeal. If no such meeting is scheduled, or if a regularly scheduled meeting is not held within such times, the Mayor May call a special City Council meeting to consider and act upon such Appeal within ten Working Days after the filing of such Appeal. The Decision of the City Council regarding such an Appeal Shall be final.

B. If there is insufficient time for a timely Appeal to be heard by the City Council prior to the date on which the proposed Use event or activity is scheduled, the Applicant may, at his or her option, request an Appeal before the City Manager or a Neutral Hearing Officer. Any such Appeal Shall set forth the reasons for the Appeal and Shall be accompanied by an Appeal filing Fee. The Appeal filing Fee Shall be established by the City Council by Resolution. Upon request for an Appeal, the City Manager or Neutral Hearing Officer, Shall hold a hearing no later than two Working Days after the filing of the Appeal but in any case before the date of the proposed Special Event, and will render his or her Decision no later than one Working Day after hearing the Appeal but in any case before the date of the proposed Special Event. Upon such Appeal, the City Manager or Neutral Hearing Officer May reverse, affirm or modify in any regard the determination of the Administrative Authority or impose any conditions upon Approval that the Administrative Authority could have imposed. The Decision of the City Manager or Neutral Hearing Officer regarding such an Appeal Shall be final.

(Ord. 0-17-02 § 1 (part), 2002)

Any Person who has been denied issuance of a Permit under this chapter for an activity involving Free Speech Rights Shall have the right to judicial review pursuant to the terms and procedures of Section 1094.8 of the California Code of Civil Procedure.

(Ord. 0-17-02 § 1 (part), 2002)

A. A Special Event Permit May be revoked if the Administrative Authority or Community Development Director finds that one or more of the Following conditions exists:

1. The Special Event Permit was obtained in a fraudulent manner.

2. The Applicant fails, neglects or refuses to fulfill any of the conditions imposed upon the granting of the Permit.

3. The Applicant violates or attempts to violate any Law of the State, or the provisions of this chapter, or any other Law, Ordinance or policy of the City.

4. Failure to comply with Notice to correct hazards, dangerous conditions or other deficiencies that are deemed to place the public health or safety at risk for harm or injury. A revocation under this subsection Shall become effective immediately upon order by the Chief of Police services or Fire Chief.

B. All revocations Shall be in writing and Shall set forth the basis for the revocation. The Permit Shall be reinstated as soon as the conditions constituting the revocation have abated.

C. When any Permit is revoked pursuant to this section, the Permit Shall be reinstated as soon as the conditions constituting the revocation have abated.

(Ord. 0-17-02 § 1 (part), 2002)

Any Person who willfully fails to comply with the requirements of this chapter, or of any conditions Attached hereunder, or who falsifies any information on any Application hereunder is guilty of a misdemeanor punishable as set forth by State Law and is subject to administrative penalties and fines as set forth in Chapter 8 of this Code. Any Special Event otherwise in accordance with this chapter Shall be a Public Nuisance which May be enjoined or abated as allowed by Law. The City retains any and all civic remedies, including the right of civil injunction for the prevention of the Violations and for the recovery of money damages therefore.

(Ord. 0-17-02 § 1 (part), 2002)