East Palo Alto Municipal Code Ch. 12.08 Special Events

For purposes of this chapter, the following words shall have the meanings respectively ascribed to them in this section, unless the context or the provision clearly requires otherwise:

"City facility" means a building, gymnasium, hall, park, field, picnic site, or other enclosed structure or unenclosed area owned or controlled by the City of East Palo Alto.

"Festival" means a fair, exhibition, ceremony, art show, program, celebration or other public assemblage or gathering of people for the conduct of a festivity or similar event, involving the complete or partial use or closure of any public highway, street, alley, sidewalk or other public property in the city to normal vehicular or pedestrian traffic.

"Parade" means a march, procession, motorcade or walk upon any public highway, street, alley or sidewalk in the city. The term "parade" as used in this chapter does not include a funeral procession consisting of a single direct movement from a mortuary or church to a place of burial.

"Person" means any individual, group of individuals; partnership, social organization, unincorporated association, corporation, or any other kind of entity whatsoever.

"Race" means an event generally open to members of the public and sponsored by a person, organization or group, wherein the participants run, jog, walk, bike, or otherwise travel an established route over public highways, streets, alleys or sidewalks within the city.

"Special event" means a parade, race or festival, as such terms are defined in this section.

(Ord. 207 § 1, 1996; Ord. 137 § 1, 1991)

A. No person shall hold, conduct, carry on or cause to be held, conducted or carried on any special event upon any public property within the city or use any city facility without first having obtained a permit to do so issued pursuant to this chapter. Except where otherwise indicated, for the purposes of the application of this chapter the terms "special event" and "use of a city facility" shall have the same meaning.

B. No person may engage in any of the following activities:

1. Engage in the conduct of a special event or use of a city facility in violation of the terms of the permit;

2. Participate in a permitted special permit or use of a city facility without the consent of the permittee;

3. Interfere with the orderly conduct of a permitted special event or use of city facility;

4. Sell or offer for sale on public streets, sidewalks or rights-of-way, any goods, wares or merchandise from vehicles, wagons, pushcarts, stalls, booths, or other methods, during or in connection with a permitted special event or use of a city facility, unless such sales activity is conducted pursuant to and in accordance with the terms and conditions of the special event or city facility permit and with the authorization of the permittee.

C. This chapter shall not apply to a special event or use of a city facility conducted exclusively by the city; this chapter shall apply to a special event or use of a city facility co-sponsored by the city pursuant to the rules and criteria set forth in Section 12.08.110.

(Ord. 207 § 2, 1996: Ord. 137 § 2, 1991)

A. Application for a permit to conduct a special event or use a city facility shall be filed with the city manager/city clerk, on a form provided by the city manager/city clerk, sufficiently in advance of such activity to allow for its review. The application shall contain the following information:

1. Name, address and description of the sponsor for the event, together with the name, address and telephone number of the contact person representing such sponsor;

2. Description of the nature and purpose of the special event to be conducted;

3. Estimated number of participants and, if a parade, the number and types of vehicles, floats, bands, marching units and animals to participate;

4. Date of the event and the hours during which it will be conducted;

5. Proposed route or area to be occupied and a statement as to whether the special event will occupy all or only a portion of the streets on which the event will be conducted;

6. Proposed method of handling vehicular and pedestrian traffic, including routes over which any traffic is to be diverted;

7. Proposed sanitary facilities, if any are to be used, including toilet facilities, and the proposed method of sewage and refuse disposal;

8. If food is to be sold or otherwise distributed, the procedure to be followed in the handling and preparation of such food;

9. Description of any sales activity to be conducted upon public streets, sidewalks or rights-of-way, including the estimated number of street vendors, the nature, size and location of any booths or stalls, and a description of any vehicles, wagons, pushcarts or other mobile units to be utilized in connection with the sales activity;

10. Number, types and locations of all loudspeakers or other sound amplifying devices to be used;

11. Method of notifying participants prior to the event of the terms and conditions of the permit;

12. Such other information as reasonably requested by the city manager/city clerk pertaining to the manner in which the proposed event will be conducted.

B. The application shall be accompanied by the payment of a nonrefundable processing fee in such amount as established from time to time by resolution of the city council.

(Ord. 207 § 3, 1996; Ord. 137 § 3, 1991)

(Ord. No. 347, § 3, 10-4-2011)

A. The city manager/city clerk shall transmit a copy of the application for review and comment by such of the following persons and agencies who may have jurisdiction over or interest in the event;

1. The city chief of police;

2. The city director of public works;

3. The city planning director;

4. The city code enforcement officer;

5. The Menlo Park Fire Protection District;

6. The county health department;

7. Caltrans;

8. The county transit agency.

Each of the foregoing persons and agencies receiving a copy of the application shall be requested to respond, within fifteen (15) days, by furnishing to the city manager/city clerk a recommendation as to whether the application should be approved or denied or approved subject to specified conditions. If no response is received from any person or agency to whom a copy of the application is sent, it shall be presumed that such person or agency has no objection to the proposed permit and no special conditions to be included therein.

B. Upon receipt of the comments and recommendations from the persons and agencies referred to in Subsection A. of this section, but in no event later than thirty (30) days after the date on which a complete application was filed, the city manager/city clerk shall render his decision to either grant or deny the application and shall furnish written notice of such decision to the applicant. If the application is approved, the special event permit shall be issued by the city manager/city clerk upon delivery by the applicant of evidence of liability and property damage insurance coverage required by Section 12.08.080, payment of the cleanup deposit required by Section 12.08.090, and payment of any deposit for the cost of city services required under Section 12.08.100.

(Ord. 137 § 4, 1991)

(Ord. No. 347, § 3, 10-4-2011)

In determining whether a permit should be issued, the city manager/city clerk shall consider the following factors:

A. Whether the special event will disrupt to an unreasonable extent the movement of vehicular or pedestrian traffic or create any safety hazard as a result of such traffic being stopped or diverted;

B. Whether sufficient police services can be provided to assure proper traffic control and the orderly conduct of the special event;

C. Whether the streets, roads and highways over which the special event will travel or on which it will be conducted are sufficient size and construction to safely accommodate the number of participants and the size, height and weight of any vehicles, floats, equipment or animals participating in the event;

D. Whether the special event will interfere with any other public events to be conducted on the same day;

E. Whether the special event is likely to cause injury to persons or property or create an unreasonable disturbance of the peace;

F. Whether the proposed use is suitable for the particular city facility, generally benefits East Palo Alto residents, will not unduly monopolize such facility, and is not inconsistent with programs and activities usually offered by the city in such facility.

(Ord. 207 § 4, 1996; Ord. 137 § 5, 1991)

(Ord. No. 347, § 3, 10-4-2011)

A. Only one special event shall beheld, conducted or carried on under a single special event permit issued pursuant to this chapter.

B. Only one use of a city facility shall be allowed under a permit issued pursuant to this chapter; provided, however, multiple uses over a period of time not to exceed one hundred twenty (120) days may be permitted if such multiple use meets the criteria set forth in Subsection 12.08.050.F., above.

(Ord. 207 § 5, 1996)

Permits issued pursuant to this chapter may contain such conditions as the city manager/city clerk deems necessary or appropriate for the orderly and safe conduct of the event, including, but not limited to the following:

A. Starting and ending times;

B. In case of a festival:

1. The streets on which the festival will be conducted;

2. The number and location of booths, displays or other structures to be erected for the event and design thereof;

C. In the case of a parade or footrace:

1. The assembly area and the time of assembly;

2. The route to be followed and portions of streets to be traversed that may be occupied by the parade or footrace;

3. The number and type of vehicles, floats, bands, marching units, pieces of equipment and animals;

D. The nature and extent of any sales activity to be conducted upon public streets, sidewalks or rights-of-way. The holder of the special event permit shall issue to each vendor authorized to engage in such sales activity an identification card or other evidence of such authorization, which shall be displayed by the vendor to any law enforcement officer of the city or to any representative of the permittee requesting to inspect the same;

E. Number and location of persons required to control, direct and monitor the event;

F. Requirements and instruction for removal of any signs, equipment or structures erected or installed for the event and removed of litter and debris created in connection with the conduct of the event;

G. The city manager/city clerk is authorized to issue such rules and regulations, not inconsistent with this chapter, as will fairly effectuate the purposes of this chapter.

(Ord. 207 § 6, 1996; Ord. 137 § 7, 1991)

(Ord. No. 347, § 3, 10-4-2011)

A. The applicant shall indemnify, defend and hold the city and its officers, officials, agents, employees and volunteers harmless from and against any and all claims, demands or liabilities arising from the conduct of the special event.

B. Prior to the issuance of a permit, the applicant shall furnish to the city, at the applicant's own cost and expense, a policy or policies of comprehensive general liability insurance providing coverage of not less than a combined single limit of one million dollars ($1,000,000.00), and property damage insurance providing coverage of not less than one million dollars ($1,000,000.00). Each such policy shall name the city and its officers, officials, agents, employees and volunteers as additional insureds thereunder, and shall be maintained in full force and effect during the entire term of the special event permit and for a period of one year after the conclusion of the event.

(Ord. 137 § 8, 1991)

Prior to the issuance of a permit, the applicant shall deliver to the city a cash deposit in an amount determined by the city manager/city clerk, not exceeding five hundred dollars ($500.00), as a guaranty that the applicant will perform a final cleanup of all areas where the special event will be conducted and remove all signs within the city pertaining to the event. Such final cleanup and sign removal shall be completed, to the satisfaction of the city manager/city clerk, within twenty-four (24) hours after cessation of the event. If the applicant fails to complete the work within such period of time or if the work is not performed to the satisfaction of the city manager/city clerk, the city manager/city clerk may cause any necessary work to be performed and may utilize the security deposit for payment of any costs or expenses as may be incurred in connection therewith. In the event the cost exceeds the amount of the security deposit, the applicant shall be liable to the city for payment of such excess security deposit, the applicant shall be liable to the city for payment of such excess cost. Upon certification by the city manager/city clerk that all work has been satisfactorily completed, the deposit or any remaining balance thereof shall be refunded to the applicant, without interest, by mailing the same to the applicant's address as shown on the application. Such refund shall be made within thirty (30) days after the conclusion of the event.

(Ord. 137 § 9, 1991)

(Ord. No. 347, § 3, 10-4-2011)

As a condition for granting a special event permit, the applicant shall reimburse the city for all security, traffic control, law enforcement, and other expenses incurred by the city in order to provide governmental services for the event. Prior to issuance of the permit, the applicant shall deposit with the city an amount equal to the estimated total cost of such services, as determined by the city manager/city clerk. Upon the conclusion of the event, the city manager/city clerk shall ascertain the actual expenses incurred by the city and shall apply the deposit toward payment thereof. If the actual expenses are less than the deposit, the balance shall be refunded to the permittee, without interest, by mailing the same to the permittee's address as shown on the permit application. Such refund shall be made within thirty (30) days after the conclusion of the event. If the actual expenses exceed the deposit, the permittee shall be billed for the excess cost and shall be liable to the city for payment thereof within thirty (30) days after receipt of such billing.

(Ord. 137 § 10, 1991)

(Ord. No. 347, § 3, 10-4-2011)

A. The application fee required under Subsection 12.08.030.B., the liability and property damage insurance required under Section 12.08.080, the cleanup deposit required under Section 12.08.090, and the payment of city expenses required under Section 12.08.100, shall be waived or reduced by the city manager/city clerk if the event is conducted for the primary purpose of exercising the right of free speech pursuant to the First Amendment of the United States Constitution and Article 1, Sections 2 and 3 of the State Constitution, and the applicant demonstrates, to the satisfaction of the city manager/city clerk, that the applicant is unable to pay such fees and expenses and will not receive sufficient revenue from the conduct of the special event to do so.

B. In addition to the waivers prescribed in Subsection A. of this section, the city council may, in its discretion and in response to a written request from the applicant to do so, modify or waive any of the requirements of this chapter in whole or in part upon a showing of good cause for such modification or waiver. As a condition to such waiver, in whole or in part, the city council may require that the city be identified as an official co-sponsor of such event or use; provided, however, the city council shall not establish a showing of good cause unless the city council makes the following findings:

1. The proposed event or use is one the city itself would conduct but for the lack of available resources;

2. The proposed event or use has substantial historical, cultural, educational, artistic or recreational significance to the city or its residents and the city has an interest in advancing the goals and purposes of such events or use;

3. The proposed event or use meets either or both of the preceding criteria and the cost associated with the city permitting process would constitute a substantial impediment to the successful carrying out of such event or use.

C. Nothing in this chapter shall prohibit the city council from authorizing city co-sponsorship of an event or program of the type described in Subsection 12.08.110.B.2. and where such event or program does not occur upon any public highway, street, alley, or sidewalk, or in a city facility. In such case city co-sponsorship shall be limited to the use of the city's name in event or program materials but shall not involve the contribution of city resources, directly or indirectly, unless the city council specifically authorizes such contribution.

(Ord. 207 §§ 7, 8, 1996; Ord. 137 § 11, 1991)

(Ord. No. 347, § 3, 10-4-2011)

Any permit issued pursuant to this chapter shall apply to the permittee named therein and may not be transferred or assigned to any other person.

(Ord. 137 § 12, 1991)

Any permit issued pursuant to this chapter may be summarily revoked by the city manager/city clerk upon a determination that:

A. By reason of accident, disaster or other emergency, the safety of persons or property requires such revocation; or

B. A term, condition, restriction or limitation of the permit has been violated or is being violated; or

C. Due to changed circumstances, or the discovery of facts unknown to the city manager/city clerk at the time the permit was issued, the considerations for issuance of the permit are no longer valid or applicable.

(Ord. 137 § 13, 1991)

(Ord. No. 347, § 3, 10-4-2011)

Any decision or determination by the city manager/city clerk with respect to the issuance, denial or revocation of a special event permit, or relating to the conditions thereof, may be appealed to the city council by filing a notice of appeal with the city clerk within ten (10) calendar days from the date on which such decision or determination is rendered. The notice shall specify the grounds for the appeal and shall be accompanied by the payment of a processing fee, in such amount as established from time to time by resolution of the city council. Upon receipt of the notice and processing fee, the city clerk shall schedule the appeal for hearing at the next available meeting of the city council. The council shall have discretion to affirm, reverse or modify the decision or determination of the city manager/city clerk, or the council may refer the matter back to the city manager/city clerk for such further proceedings as may be specified by the council.

(Ord. 137 § 14, 1991)

(Ord. No. 347, § 3, 10-4-2011)

The violation of any provision contained in this chapter shall constitute a misdemeanor.

(Ord. 137 § 15, 1991)

(Ord. No. 334, § 29, 7-20-2010)