Chapter 96 — PARADES AND ASSEMBLIES

(A) The purpose of this chapter is to establish a process for permitting events such as special events, parades, meetings, block parties, assemblies, concerts, or other public assemblies conducted on any public way or public property, excluding those conducted in a permanent building constructed for that purpose.

(B) The city, as part of the process of permitting these events, needs to ensure orderly and safe use of public spaces by all members of the public, preserve public spaces in an intact and attractive condition, to regulate competing uses of public spaces, and to ensure the safe, convenient, and orderly flow of vehicle and foot traffic on the public ways. (Ord. 860-C.S., passed 9-19-17)

For the purpose of this chapter the words and phrases used in this chapter are defined as follows:

ASSEMBLY. A group of people gathered together in one place for a common purpose.

BLOCK PARTY. A festive gathering on a residential street requiring a closure of a street, or a portion thereof, to vehicular traffic, and use of the street for the festivity including barbecues, picnics, music or games.

CITY MANAGER. The City Manager or his/her designee.

CONCERT. A public performance of dance, music or celebration.

EVENT. A planned public or social occasion.

FESTIVAL. A period or program of festive activities, cultural events, or entertainment.

MEETING. An assembly of people, for discussion or entertainment by chance or arrangement.

PARADE. A march, procession, or walk consisting of persons, animals or vehicles, or combination thereof, on any street, sidewalk or other city-owned land and improvements which obstructs, delays, or interferes with the normal flow of pedestrian or vehicular traffic, or does not comply with traffic laws or controls.

PUBLIC ASSEMBLY. A gathering that is open to all persons.

PUBLIC FACILITY. Any facility, including, but not limited to, buildings, property, recreation areas, and roads, which are owned, leased, or otherwise operated, or funded by a governmental body or public entity.

PUBLIC SPACE. A social space that is generally open and accessible to people. Roads (including the pavement), public squares, parks and beaches are typically considered public space.

PUBLIC WAY. A street, alley, or other parcel of land open to the outside air and leading to a public street. A public way is deeded or otherwise permanently appropriated for public use.

SPECIAL EVENT. Shall mean but, it not limited to, an assembly, public assembly, meeting, festival, concert, street fair, arts and craft show, parade, carnival, block party, derby, athletic event, and any other event which occurs on a city street, sidewalk or other city owned land and improvements which obstructs, delays or interferes with the normal flow of pedestrian or vehicular traffic, or does not comply with traffic laws and controls.

STREET CLOSURE. The blockage of any public thoroughfare such as streets, sidewalks and alleys.

(Ord. 673-C.S., passed 11-18-03; Am. Ord. 860-C.S., passed 9-19-17)

(A) Permit required. Any person desiring to sponsor a special event shall first obtain a special event permit by applying for

such permit to the City Manager if the occasion is likely to or actually does meet any of the following criteria:

• (1) Include 25 or more people moving as a group or gathering together on a public way;

• (2) Include 25 or more people in a public space that is not a public way;

• (3) Require a street closure;

(4) Significantly impede, obstruct, impair, or interfere with the free use of a public street, highway, alley, sidewalk or other public way;

(5) The use of equipment in a public space consisting of but not limited to: chairs, podium, sound equipment, tables, displays, or other obstacles placed in the right-of-way.

(6) These criteria shall apply to special events not regulated by local ordinance which is held on any city street, alley, or other public easement, on public property, or any place other than a permanent building or enclosure constructed for the purpose of conducting such activities.

(B) Exemptions.

(1) The provisions of this chapter shall not apply to: funeral processions; students of schools going to and from classes or on walking field trips to designated areas under the supervision of proper school authorities; activities clearly identified as being otherwise constitutionally protected; rental or reservation of public facilities; or, to any governmental agency operating within the scope of its functions.

• (2) This chapter shall also not apply to a parade, on a public sidewalk, path, or trail, if the following conditions are met:

• (a) If the total group consists of 25 or fewer participants:

1. The group complies with traffic regulations;

2. All participants assemble, march, or walk in groups of less than 20, two abreast, (to create spacing between groups) and give way to others they encounter on the public way;

3. The group does not obstruct traffic flow;

4. The group obeys all traffic regulations;

5. The group obeys all park regulations;

• (b) If the group consists of between 26 and 1,000 participants all of above requirements must be met plus:

1. The start times of the groups must be staggered to create spacing; and

2. The start and finish locations are on private property.

• (Ord. 673-C.S., passed 11-18-03; Am. Ord. 860-C.S., passed 9-19-17) Penalty, see § 10.99

(A) The city shall also provide for issuance of permits for the conduct of special events provided it is determined the applicant's program and plans adequately provide for the following:

• (1) The health and safety of all persons;

• (2) Avoidance of undue disruption of persons within the affected area;

• (3) The inclusive hours and dates such activity will transpire;

• (4) A general statement of the charter, nature or type of event to be held;

• (5) The name address, telephone number, and email of the person or persons in charge of the event;

• (6) The number of persons, spectators, and participants expected to be involved and/or attend the event;

• (7) Adequate permanent or temporary sanitary facilities;

• (8) The location and availability of parking areas to serve the anticipated number of participants;

• (9) Access of emergency vehicles is maintained;

• (10) All applicable permits must be obtained from county and state agencies if food or beverages are to be served;

• (11) Adequate coordinated and identifiable security with emphasis on control of alcoholic beverages and prevention of illegal drug consumption.

• (B) Rules. The city is hereby authorized and directed to promulgate rules and regulations, subject to approval by the Council as a formal policy, governing the form, time and location of special event activity set forth within the city.

• (C) Processing of application. Before issuing a permit for a special event, the City Manager shall cause a review to be made by each appropriate department regarding the application and shall have the findings set forth in writing and attached to the permit.

• (D) Fees. Any fees required will be reflected in the annual City Fee Schedule adopted by resolution. Facility rental fees shall apply.

(E) Reimbursement for personnel. Unless otherwise specified by the City Council, all costs of services determined by the city to be necessary and provided by the city, including but not necessarily limited to the assignment of police, fire, and public works personnel, necessitated by the event shall be borne by the applicant.

• (Ord. 673-C.S., passed 11-18-03; Am. Ord. 860-C.S., passed 9-19-17)

(A) Liability insurance. Before a permit is issued, a certificate of insurance and endorsement will be required naming the City of Eureka as an additional insured for protection against claims of third persons for personal injuries, wrongful deaths, and property damage. The City of Eureka, its officers, employees and volunteers shall be named as "additional insureds" by endorsement of the policy. The policy shall not be subject to cancellation or modification until after ten days written notice to the City of Eureka. An original copy of the certificate and endorsements will remain on file with the city.

(B) Worker's Compensation Insurance. An applicant shall conform to all applicable federal and state requirements for Worker's Compensation Insurance for all persons operating under a permit and shall execute a waiver of its subrogation rights against the city.

(C) Hold harmless agreement. An applicant shall execute a hold harmless agreement as provide by the city prior to the issuance of a permit under this ordinance.

(D) Faithful performance bond. To ensure cleanup and restoration of the site, an applicant may be required to post a refundable faithful performance bond or cash deposit (amount to be determined by the City Manager) at the time application is submitted. Upon completion of filming and inspection of the site by the City of Eureka the bond may be returned to the applicant if the site is clean and has been restored to its previous condition.

(Ord. 673-C.S., passed 11-18-03; Am. Ord. 860-C.S., passed 9-19-17)

The City Manager is authorized to waive any requirement of this chapter deemed to be unnecessary or inappropriate and may also impose additional requirements deemed to be necessary to carry out the purpose of the City Council as provided in the chapter. If a permit is denied by the City Manager, the applicant shall be advised of his right to appeal such action to the City Council. The City Council shall review the denial of any permit under this chapter de novo.

(Ord. 673-C.S., passed 11-18-03; Am. Ord. 860-C.S., passed 9-19-17)

(A) Information contained in the application, or supplemental information requested from the applicant, is found to be false in any material detail;

(B) The applicant fails to complete the application form after having been requested to do so;

(C) Another special event permit application has been received prior in time, or has already been approved, to hold another event at the same time and place requested by the applicant, or so close in time and place as to cause undue traffic congestion, or city resources are unable to meet the needs for both events;

(D) The time, route or size of the event will substantially interrupt the safe and orderly movement of traffic contiguous to the event site or route;

(E) The concentration of persons, animals, and vehicles at the site of the event, or the assembly and disbanding areas around an event, will prevent proper police, fire or ambulance services to area contiguous to the event. (Ord. 860-C.S., passed 9-19-17)

If an applicant violates any provision of this chapter or a permit issued pursuant thereto, the City of Eureka may cancel the permit.

(Ord. 860-C.S., passed 9-19-17)

Violation of the terms and conditions of any special event permit is a violation of § 10.99 of the Eureka Municipal Code and each violation shall constitute a separate offense. A violation of this section is punishable as a misdemeanor or infraction, chargeable at the City Attorney's discretion.

(Ord. 860-C.S., passed 9-19-17)

Nothing herein is intended to limit the city from pursuing any other remedy available at law or in equity against any person or entity maintaining, committing, or causing a violation of this chapter or any other violation of the code or state or federal law. (Ord. 860-C.S., passed 9-19-17)