Elk Grove Municipal Code Art. I General Provisions and Requirements

In this State and elsewhere, outdoor festivals have been promoted and have attracted large numbers of persons, sometimes exceeding one hundred thousand (100,000). Occurrences at those outdoor festivals already held include the stealing of automobiles, abandonment of automobiles stolen elsewhere, totally unmanageable traffic congestion, slaughtering of cattle and other animals on adjoining property without permission of the owners thereof, unauthorized destruction of property, scattering of trash, garbage, and other debris on adjoining property, overnight camping at random locations, collision of automobiles with persons sleeping on the ground, and, generally, the commission of serious crimes with impunity due to the inability of police to patrol the area.

Such festivals, with their attendant large crowds, create serious health and safety risks for persons attending and the general public thereafter unless adequate sanitary facilities, drinking water supplies, lighting, medical services, vehicular parking areas, supervision, and other services and guarantees are provided.

The regulatory provisions of this chapter are necessary to ensure that outdoor festivals are held only at suitable places and are subject to reasonable conditions for the protection of the public health, safety, and welfare.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)

The City Manager is charged with the responsibility of administering the regulations imposed by this chapter, and exercising the authority conferred thereby. Such authority shall include the power and duty to issue special business licenses authorizing outdoor festivals, promulgate administrative regulations, and otherwise perform the duties and exercise the authorities conferred herein.

To these ends, the City Manager shall be vested with the same powers and authorities in relation to outdoor festivals and the issuance and administration of special business licenses therefor as are vested in the Chief of Police under EGMC Sections 4.02.070, 4.02.085, 4.02.100 and 4.02.105; and EGMC Sections 4.10.000 through 4.10.155. Any reference to the “Chief of Police” shall be deemed to be a reference to the City Manager in relation to outdoor festivals.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)

As used in this chapter, the terms contained in EGMC Sections 4.35.015 through 4.35.025 shall be ascribed the meanings contained therein, unless the context indicates otherwise.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)

“Automobile parking space”

shall mean any maintained space, not less than one hundred eighty (180 ft2) square feet in area nor less than nine (9' 0") feet wide at any place, on or contiguous to the land on which the outdoor festival is conducted, and so located and arranged as to permit the parking of an average-size six (6) passenger automobile.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)

“Outdoor festival”

shall mean any outdoor gathering of more than five hundred (500) persons for the purpose of participating in or attending a dance, music carnival, “rock” festival, or like musical activity at which vocal or instrumental or both vocal and instrumental music is provided by professional or amateur performers or by prerecorded means, held at any place other than in a permanent building, stadium or like permanent installation which has been constructed or customarily used for the purpose of housing such activities, and to which gathering members of the public are invited or admitted with or without the payment of admission charges in any form.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)

“Sponsors and promoters”

shall mean all persons and business entities having a direct financial interest in the proceeds to be derived from the outdoor festival, whether such proceeds arise from ticket sales, sales of film, radio, television, or sound recording rights, or otherwise.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)

It shall be unlawful for any person to sponsor, conduct, operate, promote or advertise an outdoor festival unless the owner or owners of the land upon which the festival is or would be conducted have consented to the use thereof for such purposes. If the land is not solely owned by the person or persons sponsoring, conducting, operating, promoting or advertising the festival, such consent shall be evidenced by a written instrument containing the notarized signatures of all record owners.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)

Each person to whom a special business license required by Article II of this chapter is issued shall be responsible as licensee and at the sole cost and expense thereof for provision of those facilities, services, resources and guarantees required by EGMC Sections 4.35.040 through 4.35.105.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)

The licensee shall provide drinking water of the quantity, quality, and from a source approved by the City Manager. Drinking fountains shall be provided as follows:

A. One (1) drinking fountain for the first (1st) one hundred (100) persons;

B. Two (2) drinking fountains for more than one hundred (100) but less than five hundred (500) persons; and

C. One (1) additional drinking fountain for each additional five hundred (500) persons or fraction thereof.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)

The licensee shall provide sanitary facilities as follows: at least one (1) water closet and one (1) urinal, or in lieu thereof two (2) patented chemical toilets, for every two hundred (200) males, and at least one (1) water closet or patented chemical toilet for every one hundred (100) females, unless the City Manager finds that a lesser number is sufficient, in which case he or she shall designate each number. If both sexes are admitted to any sanitary facility, for purposes of determining the required quantity of facilities, the persons attending the outdoor festival shall be assumed to be equally divided by sex. Prior to the commencement of the outdoor festival, the City Manager shall inspect the sanitary facilities with regard to adequacy of quantity, functioning, and plans for periodic removal of wastes therefrom, and shall approve the sanitary facilities only if they meet applicable health standards. While any premises are being prepared for use for an outdoor festival or for parking or other uses incidental thereto, the licensee shall provide on the premises one (1) patented chemical toilet for each twenty (20) persons or fractional part thereof working at the job site. Every patented chemical toilet installed in accordance with this section shall be maintained and operated in accordance with the rules and regulations approved by the City Manager.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)

On all premises on which an outdoor festival is conducted, or contiguous thereto and under the control of the applicant, in addition to those ways described in EGMC Section 4.35.085, there shall be automobile parking spaces equal in number to one-fourth (0.25) of the number of persons which the license permits to attend the outdoor festival, unless the Public Works Director finds that a lesser number of parking spaces is sufficient, in which case the licensee shall provide the lesser number of spaces. Such automobile parking spaces shall be graded, plainly and individually marked, and separated by a physical barrier from the area where patrons will watch the performances. At all times between two (2) hours before the commencement of the outdoor festival and two (2) hours after its termination, the licensee shall provide parking attendants at all entrances and exits to the parking area within the area.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)

At any outdoor festival, one (1) off-duty law enforcement officer or uniformed security guard for each two hundred (200) persons which the license permits to attend, whether such permissible attendance is present or not, shall be in constant attendance during the entire time the outdoor festival is in progress. Each officer or security guard shall be approved by the Chief of Police or shall be provided by a private patrol operator whose name and address has been stated in the application and who is licensed pursuant to Division 3, Chapter 11 of the Business and Professions Code. The Chief of Police shall approve any security guard if the guard meets the qualifications stated in Sections 7526 and 7526.3 of the Business and Professions Code. The officers and security guards shall devote their entire attention and time to keeping order and enforcing all applicable statutes and ordinances, including this chapter.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)

The licensee shall provide such fire protection measures and equipment as the Chief of the Cosumnes Community Services District Fire Department finds reasonably necessary to provide fire protection to the immediate and adjoining premises and to persons participating in and attending the outdoor festival.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)

If the hours during which the outdoor festival can be held as provided in the license are such that any portion thereof is between sunset of one (1) day and sunrise of the following day, or if the license permits any participant or person in attendance to remain overnight, the licensee shall provide such lighting, including light standards and electrical switches, and such power supply as the Chief of Police and Public Works Director find necessary for the public safety and welfare.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)

The licensee shall propose reasonable limits on sound emanating from the festival grounds into adjoining areas with resident homes or businesses. At the option of the Chief of Police, the licensee shall provide up to three (3) sound monitoring locations at the edge of the property where the outdoor festival is to be conducted. The monitoring locations shall be equipped to measure the decibels of sound emanating from the festival grounds and, at the option of the Chief of Police, may be monitored by City personnel to assure compliance with the sound level limits set forth in the permit.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)

The licensee shall provide solid waste receptacles to receive solid wastes at a ratio of one (1 yd3) cubic yard of available receptacle space for each two hundred fifty (250) persons which the license permits to attend the outdoor festival.

All solid waste receptacles shall be serviced once (1) every twenty-four (24) hours during the festival. Within seventy-two (72) hours after the conclusion of an outdoor festival, the licensee shall clean the premises, including contiguous public roads, ways, and easements, removing all trash, garbage, and debris therefrom, which matter would not have been deposited therein had not the outdoor festival occurred.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)

At all times during the conduct of an outdoor festival, the licensee shall maintain such emergency communications systems as the Chief of the Cosumnes Community Services District Fire Department and Chief of Police find reasonably necessary for fire and police protection.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)

The licensee shall provide all exterior and interior access ways which the Chief of Police and Public Works Director find necessary for the use of those attending the outdoor festival. All such access ways shall be clearly marked and delineated by means of curbs or temporary buffers on the ground.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)

The licensee shall use such methods of dust control as are approved by the City Manager. The City Manager shall approve such methods if he finds that such methods will prevent the arising of dust to an extent which may endanger public health and safety.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)

In selling, preparing, delivering, or serving food or beverages or both, all persons proposed by the licensee to sell food shall comply with the California Restaurant Act, Division 21, Chapter 11 (beginning with Section 28600) of the California Health and Safety Code.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)

The licensee and owner or owners of the premises upon which the outdoor festival would be held shall sign a unilateral written contract promising that they will reimburse all owners and occupants of property adjoining the subject premises for any and all loss, injury, or damages to such owners or occupants or to their property caused by the licensee, by the owner of the subject premises, or by any other person attending the outdoor festival, which damage would not have occurred had the outdoor festival not been held. Accompanying and securing this agreement shall be a surety bond in favor of the City of Elk Grove and all persons to whom the licensee or owner of the subject premises may be liable because of the above-required agreement. The bond shall be prepared by a corporate bonding company authorized to do business within the State of California by the Department of Insurance, and shall be in the amount of not less than Fifty Thousand and no/100ths ($50,000.00) Dollars, or Ten and no/100ths ($10.00) Dollars per person permitted by the license to attend the outdoor festival, whichever is more.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)

The licensee and owner or owners of the premises upon which the outdoor festival would be held shall sign a unilateral written contract promising that, within seventy-two (72) hours after the conclusion of the outdoor festival, they will clean up the premises, including contiguous public roads, ways, and easements, and remove all debris, garbage, trash, litter, and other waste matter from, in, and around the premises. Accompanying and securing this agreement shall be a surety bond in favor of the City of Elk Grove and all persons to whom the applicant may be liable because of the above-required agreement prepared by a corporate bonding company authorized to do business in the State of California by the Department of Insurance, obligating the licensee and owner for all costs necessitated to clean up the premises and to remove debris, garbage, trash, litter, or other waste matter from, in, or around the premises. Such surety bond shall be in the amount of not less than Five Thousand and no/100ths ($5,000.00) Dollars.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)

Adequate facilities, services and accommodations for those in attendance of an outdoor festival and required to otherwise protect the public peace, health, safety and welfare necessitate a planned limit upon the volume of potential attendance and the establishment of means to ensure that the volume limit is not exceeded.

The licensee shall provide such facilities on the premises where a festival is to be conducted and such personnel as the Chief of Police deems necessary to effectively control the number of persons in attendance as required in order to ensure that the limit for which the special business license is issued is not exceeded.

The licensee shall not admit to the outdoor festival, and shall prevent the entrance thereto of, any person who does not possess a ticket, except a peace officer or other public officer in the performance of his duty. Admission to an outdoor festival shall be by ticket only. The licensee shall not sell, give, or otherwise distribute or cause to be distributed a greater number of tickets than the number of persons the license permits to attend. The licensee shall not admit any person to an outdoor festival if such admission would result in a greater number of persons present than is permitted by the license.

The provisions of this section shall not be construed to require that tickets be sold for money as distinguished from given away or exchanged for some other consideration. Nor shall the provisions of this section be construed to require the persons desiring to attend to identify themselves either as a condition of receiving a ticket or of admission.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)

The attendant harm and danger caused by large numbers of persons who are under the influence of intoxicating liquor or prohibited drugs necessitate the following restrictions.

No person shall, nor shall any licensee permit any person to enter, be, or remain on any part of the premises on which an outdoor festival is being conducted which such person is in possession of, consuming, using, or under the influence of any alcoholic beverage or legally proscribed dangerous drugs or narcotics.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)

No person shall advertise or announce by any means or medium, including, but without limitation to, posters, pamphlets, handbills, newspaper, radio or television, the holding of an outdoor festival prior to the granting of a special business license permitting such outdoor festival.

Any and all such advertising shall contain reference to the fact that attendance is prohibited without possession of a ticket or other entitlement to attend, and the maximum number of persons permitted by the license to attend.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)

The licensee shall operate the outdoor festival only on those days and during those hours specified in the special business license.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)

A. During the conduct of an outdoor festival for which a special business license has been issued under the provisions of EGMC Chapter 4.10 and this chapter, the Chief of Police shall be empowered to interrupt and terminate the festival, order the cessation thereof, and order all persons in attendance to disburse if he or she finds any of the following:

1. That the actual attendance at the festival exceeds the maximum attendance authorized by the license; or

2. That violations of EGMC Section 4.35.115 are occurring in such volume or under such circumstances that available law enforcement and security resources are inadequate to effectively enforce the prohibitions of that section; or

3. That any service on the site of the festival required by those in attendance is insufficient, and the insufficiency endangers the health, safety or welfare of those in attendance; or

4. That conduct violating the penal laws of the State of California is occurring in such volume or under such circumstances that law enforcement and security resources are insufficient to effectively prevent such violations; or

5. That the decibel level of sound intruding into neighboring properties exceeds the standards set by the license.

B. It shall be unlawful for any person to violate an order issued by the Chief of Police under the authority conferred by this section.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)