Costa Mesa Municipal Code Art. 111 /2. Regulatory Permits for Special Events

For the purposes of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

"Applicant"

means the person, corporation, association, partnership, or other legal entity submitting the application for a permit.

"Athletic event"

means any event in which a group of persons collectively engage in a sport or form of physical exercise on or within a city street, parking facility, sidewalk or other public right-of-way, including, but not limited to running, jogging, racing, bicycling, rollerblading and roller skating, other than a group of people participating in a parade or public assembly.

"Chief of police"

means the chief of police of the City of Costa Mesa, or designee. "City" means the City of Costa Mesa.

"City council"

means the city council of the City of Costa Mesa.

"City manager"

means the city manager of the City of Costa Mesa, or 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 article, including, but not limited to, costs associated with fire safety, traffic and/or pedestrian control, water safety, the closure of streets or intersections, the diverting of traffic, the salaries of city personnel involved in administration or coordination of city services for the event, the cost to the city to provide support personnel, equipment, materials and supplies, and related city costs such as fringe benefits or employee overtime. Departmental services charges shall not include costs incurred by the city to provide police protective services to those engaged in activities or conduct for which a permit is required pursuant to this article.

"Director"

means the director of finance parks and community services director of the City of Costa Mesa, or designee.

"Event organizer"

means any person who conducts, manages, promotes, organizes, aids or solicits attendance at a special event.

"Indigent natural person"

means a person eligible for relief and support in the County of Orange as an indigent person under section 17000 et seq., of the California Welfare and Institutions Code or as said section(s) is/are amended from time to time.

"Parade"

means a parade, procession, march, demonstration, motorcade, promenade or pageant consisting of persons, animals, or vehicles or a combination thereof, traveling in unison and having a common purpose, design, destination or goal which is conducted in, on, upon, or along any public street, sidewalk or other property owned or controlled by the city, or any portion thereof, which does not comply with normal and usual traffic regulations or control or which may impede, obstruct, impair or interfere with the free use of such public street, sidewalk or other public property of the city.

"Person"

as used in this article, means any natural person, firm, association, joint venture, joint stock company, partnership, organization, club, company, corporation, business trust or manager, lessee, agent, servant, officer or employee or any of them, except where the context clearly requires a different meaning.

"Public assembly"

shall mean any group of 50 or more persons participating in an organized activity having a common purpose (other than employees acting within the course and scope of their employment) on or within a city street, city park, parking facility, sidewalk or other public right-of-way, other than a group of people participating in an athletic event or parade.

"Sidewalk"

means that portion of a highway, other than the roadway, set apart by curbs, barriers, markings, or other delineation for pedestrian travel.

"Special event"

means an organized activity, public assembly or event involving 50 or more people, and to which the public is invited to watch, listen or participate, including, but not limited to, the following:

(1)

Motorized vehicle races or contests.

(2)

Carnivals, circuses, fairs, festivals, nondomesticated animal act or exhibition, and similar activities.

(3)

Any event with mechanical amusement rides.

(4)

Promotional or fund-raising activities.

(5)

Outdoor athletic events.

(6)

Parades.

(7)

Outdoor public assemblies.

(8)

Any event that will take place on a public right-of-way within the boundaries of the City of Costa Mesa or on other property owned or occupied by the City of Costa Mesa.

(9)

Outdoor shows, concerts and exhibitions.

(10)

Outdoor craft fairs, soapbox derbies, or other similar events.

(11)

Any event, regardless of the number of people involved, requiring full or partial street closure that occurs on a city street, sidewalk, alley or other public right-of-way, and/or which is likely to obstruct, delay or interfere with the normal flow of pedestrian or vehicular traffic.

"Special event permit" or "permit"

means a permit issued pursuant to this article.

"Street"

means a way or place of whatever nature, publicly maintained and open to use of the public for purposes of vehicular travel. Street includes highways or alleys.

"Venue"

means the specific property, area or site for which a special event permit has been issued.

(Ord. No. 19-17, § 3, 10-1-19)

(a) It is unlawful for any person to hold, engage in, or conduct, within the City of Costa Mesa, any special event subject to the provisions of this article and not expressly exempt hereunder without having obtained a valid permit.

(b) The director is authorized to issue permits for special events pursuant to the procedures established in this article.

(c) It is unlawful for any person to hold or conduct any outdoor special event subject to the provisions of this article between the hours of 11:00 p.m. and before 7:00 a.m., unless approved by the director.

(d) Issuance of a special events permit pursuant to this article does not obligate or require the city to provide city services, equipment or personnel in support of an event although the director may provide such services, equipment or personnel if such are reasonably available and the event organizer makes provisions to reimburse the city for the cost thereof.

(Ord. No. 19-17, § 3, 10-1-19)

A special event permit is not required for the following activities:

(a) Any activity or event held or conducted solely on private property and such activity or event meets all of the following requirements:

(1) Does not involve the use of, or have a substantial impact on traffic, public property or facilities and which may require the provision of city public services in response thereto; and

(2) Does not use amplified sound outdoors; and

(3) Does not involve the use of any pyrotechnic device as defined in California Health and Safety Code section 12526; and

(4) Does not involve the construction or installation of any temporary or permanent tents, canopies or other structures if the construction or installation requires a permit from the city's fire and/or development services department; and

(5) Does not involve the use of any exotic or nondomesticated animals, or mechanical amusement rides.

(b) Funeral processions by a licensed mortuary or funeral home.

(c) Any activities or events held or conducted by or on behalf of the City of Costa Mesa, a public or private school, college or school district, the State of California or other governmental entity or any church that is legally operated in the city or has city approval to operate as a church either through a conditional use permit or master plan approval, so long as the activity or event is conducted on property owned, used, or leased by the entity or its sponsor and is for the benefit of the entity that owns the property on which the activity takes place.

(d) Any activity or event on publicly owned property for private parties that are not open to the general public that only requires a park reservation permit from the parks and community services department pursuant to Title 12, section 12-53.

(e) Filming activities governed by Title 9, Chapter V.

(f) Block parties governed by Title 9, Article 11¾.

(g) Events which take place on public sidewalks or other public rights-of-way owned or controlled by the city including, but not limited to, lawful picketing wherein applicable traffic regulations, laws or controls are complied with.

(Ord. No. 19-17, § 3, 10-1-19)