Hollister Municipal Code Ch. 12.36 Parades and Public Assemblies

This chapter is adopted for the purpose of regulating parades and other public assemblies, uses or activities ("Events") which occur or are conducted in or along any portion of any public right-of-way or other property owned or controlled by the city, so as to impede, obstruct, impair, or interfere with the free use of such public property. This chapter also regulates public assemblies on privately-owned property when due to the size or the particular requirements of the event, regulation is necessary to protect the public health, safety or welfare.

(Prior code § 24.01; Ord. 864, § 1, 1996)

The following definitions shall govern the construction of the words and phrases used in this chapter.

Aggrieved person means any person who is adversely affected by a determination made or action taken by a city officer or employee pursuant to the provisions of this chapter in a manner significantly greater than the public generally, including, but not limited to, any applicant for a permit required by this chapter who is adversely affected by a decision of a city official on such permit.

Chief of police means the chief of police of the city of Hollister or his/her designee.

City attorney means the city attorney of the city of Hollister or his/her designee.

City manager means the city manager of the city of Hollister or his/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 of services, support personnel, equipment, materials and supplies, and related items such as fringe benefits and overhead burden.

Event means any parade, or public assembly on public, quasi-public/institutional, or private property within the city, including but not limited to, promotional or fundraising activities, athletic or sporting events, live musical events, community celebrations and observances, or neighborhood activities such as block parties, picnics or dances. An event does not include a parade or public assembly conducted on public property which is owned or controlled by a governmental agency other than the city.

Notice means a written notice sent to the applicant, permittee, or appellant, and to other specified city officers, of a decision concerning a permit application. Unless expressly provided otherwise, a notice shall be sent certified mail within 24 hours after the decision, shall describe the conditions of approval, and the facts and reasons for any denial or approval subject to special conditions.

Parade means any organized march or procession, other than a vehicular funeral procession, which is conducted or occurs in or along any portion of any public right-of-way or other property owned or controlled by the city, so as to impede, obstruct, impair, or interfere with the free use of such public property.

Public assembly on public property means a gathering, use, or activity which is open to the public with or without a fee or donation, and is conducted or occurs on property owned or controlled by the city, including on or along any portion of any public street, sidewalk or other public right-of-way, which is reasonably expected to exceed 100 in number, or which obstructs, delays or otherwise interferes with the normal flow of vehicular or pedestrian traffic.

Public assembly on private property means a gathering, use, or activity which is conducted or occurs on privately owned property within the city, and is open to the public with or without a fee or donation, and which is reasonably expected to exceed 1,000 in number.

Public assembly on institutional (or quasi-public) property means a gathering, use or activity which is conducted or occurs outdoors or within a temporary structure, on property zoned or permitted for institutional (or quasi-public uses), and is open to the public with or without a fee or donation, and which is reasonably expected to exceed 1,000 in number.

(Prior code § 24.02; Ord. 864, § 1, 1996)

The chief of police shall have primary responsibility for the administration of the provisions of this chapter, subject to the overall direction and control of the city manager. In carrying out such responsibilities, the duties of the chief of police shall include, without limitation, acting on all permit applications required by this chapter. In addition, the chief of police shall be authorized to revoke a permit issued pursuant to this chapter in the manner provided for herein.

(Prior code § 24.03; Ord. 864, § 1, 1996)

Any aggrieved person may appeal a decision to the city council, except as otherwise provided in Sections 12.36.060(F) and (G) of this chapter.

(prior code § 24.04; Ord. 864, § 1, 1996)

It is unlawful for any person to advertise, promote, conduct, sponsor, or knowingly participate in any event within the city unless a permit for such an event has been approved and issued in a manner hereinafter provided by this chapter. A permit is not deemed issued until the chief of police has received the applicant's written acceptance pursuant to this chapter. Each application shall be accompanied by a nonrefundable permit application fee in the amount established by resolution of the city council.

(Prior code § 24.05; Ord. 864, § 1, 1996)

A. Time Period for Filing. Except as otherwise provided in subsection F of this section, the time periods for filing permit applications pursuant to this chapter shall be as follows:

1. For events reasonably anticipated to exceed 1,000 persons, completed applications for a permit authorizing the event shall be filed in the office of the city clerk at least 60 calendar days prior to the date of such event.

2. For events reasonably anticipated not to exceed 1,000 persons, completed applications for a permit authorizing the event shall be filed in the office of the city clerk not less than 45 calendar days prior to the date of such event.

B. Time Period for Acting on Permit.

1. For events reasonably anticipated to exceed 1,000 persons, the permit shall be denied, approved, or approved subject to conditions, by the chief of police, within 15 working days after receipt of the application.

2. For events reasonably anticipated not to exceed 1,000 persons, the permit shall be denied, approved, or approved subject to conditions, by the chief of police, within ten working days after receipt of the application.

C. Notice. The chief of police shall provide notice to the applicant, the city manager and the city clerk, of his or her decision concerning the permit application, in the manner provided for herein.

D. Acceptance of Decision. A permit shall not be issued until the applicant accepts in writing the decision to approve the permit, with or without conditions. To be valid, a written acceptance must be accompanied by proof of compliance with any applicable conditions precedent, and received in the office of the city clerk no later than three weeks after notice has been mailed. The city clerk shall forward the acceptance to the chief of police. The applicant's failure to submit a valid acceptance as required herein, or to file a timely appeal to the city council, shall automatically be deemed a withdrawal of the application. The chief of police shall issue the permit upon receipt of a valid acceptance, and shall provide notice to the permittee, the city manager and the city clerk that the permit was issued.

E. Appeal Procedure. Appeals from the decision of the chief of police shall be made by filing a notice of appeal with the city clerk not later than two weeks following the date that notice of the decision has been sent, provided that the city council may extend the time for filing such notice of appeal for good cause shown. Such notice of appeal shall be in a form prescribed by the city clerk, shall set forth the reasons why the person filing the appeal believes that the decision of the chief of police is unlawful, or does not comply with the provisions of this chapter, and shall set forth the relief requested by such person from such decision. Unless continued for good cause, the appeal shall be heard and decided by the city council within 15 calendar days following the filing of the notice of appeal. Within two working days after the city council's decision, the city clerk shall provide notice to the applicant of the city council's decision. The applicant shall have two weeks after receipt of the notice to file a written acceptance of the decision with the chief of police. The failure to file an acceptance within the time period specified shall automatically be deemed a withdrawal of the application.

F. Expedited Appeal. If an applicant files a completed application after the time period specified in subsection A of this section, but no later than three weeks before the date of the proposed event, and the permit is denied or conditioned in a manner unacceptable to the applicant, the applicant, not later than three days after notice of the decision has been sent, or not later than three days after oral notice is received, whichever occurs first, may appeal in writing to the city manager, presenting facts and reasons why the denial or conditions should be reversed or deleted, respectively, and the application granted or granted as modified. The appeal hearing shall be at a time and place mutually agreeable to the parties. If the parties cannot agree on the time or place, the appeal hearing shall be the next day at 4:00 p.m. at the city manager's office. The city manager shall render a decision within 24 hours of the appeal hearing, and thereafter shall send notice to the applicant, city clerk and the chief of police of the city manager's decision. The decision of the city manager shall be final.

G. Waiver of Right to Appeal. A completed application for a permit authorizing an event may be filed with the city clerk not later than three working days prior to the proposed event. An applicant filing pursuant to this subsection shall be deemed to waive his or her right of appeal from a decision of the chief of police denying the permit or approving the permit subject to conditions.

(Prior code § 24.06; Ord. 864, § 1, 1996)

An application for a permit authorizing an event shall be filed by a natural person, shall be in a form prescribed by the city clerk, and shall contain all of the following information:

A. Information Required for All Events. Permit applications for all events shall contain:

1. The name, mailing address, and daytime and evening telephone numbers of the person filing the application;

2. If the event is to be conducted by an organization, the name, mailing address and daytime telephone number of the organization; the name, mailing address, and daytime telephone number of the president, leader or other head of the organization; and written documentation of the authority under which the applicant is applying for the permit on behalf of the organization;

3. The name, mailing address, and daytime telephone number of the person who will be present and in charge of the event on the day of the event;

4. The name, mailing address and daytime telephone number of any monitors or security personnel to be employed during the event;

5. The name, mailing address, and daytime and evening telephone number of an alternate person to contact if an emergency arises and the applicant is unavailable;

6. The names, mailing addresses, and daytime telephone number of all owners of the property if the event is to be held on privately-owned property;

7. The nature of the event;

8. The proposed date and estimated starting and ending time of the event;

9. The proposed location of the event, including its boundaries;

10. The estimated number of participants in the event;

11. The type and estimated number of vehicles, animals and structures that will be used in the event;

12. A description of any sound amplification equipment and illumination to be used at the event;

13. The number, size, and material of construction of any signs or banners to be used in the event;

14. The parking requirements for the event;

15. The number and location of any water, first aid, or comfort stations to be provided at the event;

16. The type and number of any vendors who will sell food, beverages or other goods or services at the event for which a city business license is required.

17. A list of the governmental agencies requiring a permit for the event, and a description of the current status of any pending permit application or permit for the event.

B. Additional Information Required for Parades. In addition to any other information required by this section, every application for a parade shall include the following information:

1. The time when units of the parade will begin to assemble:

2. The proposed assembly point for the parade;

3. The proposed parade route;

4. The interval space to be maintained between units of the parade; and

5. The number, type, and size of floats or other vehicles.

C. Departmental Review. The city clerk shall refer the permit application to the appropriate city departments for any necessary review, evaluation, investigation, cost determination, and recommendations.

(Prior code § 24.07; Ord. 864, § 1, 1996)

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 fees, daily fees, and other additional fees for the use of city streets or other city-owned or controlled property pursuant to this chapter shall be established by resolution of the city council.

(Prior code § 24.08; Ord. 864, § 1, 1996)

When the chief of police determines that a completed application for a permit authorizing an event has been filed in compliance with this chapter, and that there are no grounds for denying the permit, the chief of police shall approve the application, and may condition the permit to the extent authorized by this chapter, or as necessary to protect the health, safety or welfare of persons and property, including the control of pedestrian and vehicular traffic in and around the site of the event. All permits shall specify the nature and kind of event which is approved and shall specify the maximum number of persons who may attend or participate in such event.

(Prior code § 24.09; Ord. 864, § 1, 1996)

A. Grounds for Denial—Imposition of Conditions. The following factors shall be considered by the chief of police in determining whether to deny the permit, or whether the imposition of reasonable permit conditions pursuant to Section 12.36.140 will satisfy public health, safety or welfare concerns and allow the event to proceed as modified.

1. The person applying for the permit has failed to provide supplemental application information requested by the chief of police or has otherwise failed to complete the application;

2. An application for another event to be held on the same date as that requested by the applicant has been previously filed or approved, and such other event is so close in time and location to the event proposed by the applicant as to cause undue traffic congestion or jeopardize the city's ability to provide public safety or other emergency services to both events or to the public-at-large;

3. The time, route, or size of the event will unduly impede, obstruct, impair or interfere with the safe and orderly movement of traffic contiguous to the site or route of the event, or the public's use of the street or other public property;

4. The proposed use of the property is governed by or subject to other city permit procedures or other applicable laws, rules or regulations;

5. The proposed event presents a substantial or unwarranted safety or traffic hazard;

6. The preparation for or the conduct of the proposed event will unduly impede, obstruct, or interfere with the operation of emergency vehicles or equipment in or through the particular permit area, or will adversely affect the city's ability to perform municipal functions or furnish city services in the vicinity of the permit area;

7. The size of the event will require the diversion of so many city police officers to ensure that participants stay within the boundaries or route of the event and to protect participants in the event, so as to prevent or jeopardize reasonable protection to the rest of the city; provided, however, that nothing herein authorizes the denial of a permit because of the need to protect participants from the conduct of others if reasonable permit conditions can be imposed;

8. Given the size and nature of the event, the reasonably available number of city police officers, firefighters and other personnel is not sufficient to ensure the safety of participants or the attending public;

9. The event consists of a parade that will not move from its point of origin to its point of termination in three hours or less;

10. The location or conduct of the event will substantially interfere with construction or maintenance work previously scheduled to take place in, on, or along the city street, or other public property to be occupied by or adjacent to the event;

11. The event will occur at a time when a school is in session and along a route or at a location adjacent to the school or a class thereof, and the noise created by the activities of the event will substantially disrupt the educational activity of such school or class;

12. The decorative material on parade floats is not fire resistive or flame retardant, or motorized parade floats and towing apparatus are not provided with a minimum 2-A, 10-B:C rated portable fire extinguisher readily accessible to the operator, as required by the most current edition of the Uniform Fire Code;

13. The event will have a significant adverse effect on the environment;

14. The application has been filed later than 60 days or 45 days before the event, as required by this chapter, and based upon the anticipated size of the proposed event, or its particular requirements, or its need for or impact on city personnel or services, there is insufficient time to evaluate, process or condition the application to ensure compliance with this chapter or to protect the public health, safety, or welfare.

B. Denial of Permit. The existence of the following grounds shall result in the denial of a permit application.

1. The imposition of permit conditions pursuant to this chapter will not satisfy or mitigate reasonable public health, safety or welfare concerns;

2. The information contained in the application, including any supplemental information required by the chief of police, is found to be false in any material respect;

3. The applicant has not fully complied with the requirements of this chapter, or has violated any of the provisions of this chapter, or any permit condition imposed by the city.

(Prior code § 24.10; Ord. 864, § 1, 1996)

A. Indemnity Agreement. As a condition precedent to the issuance of a permit authorizing an event, the permittee shall enter into an agreement with the city in a form approved by the city attorney which shall set forth the undertaking of the permittee to indemnify the city, hold the city harmless and reimburse the city from and for any liability, damage or loss occurring during the course of the event authorized by such permit where such liability, damage or loss is proximately caused by the negligent or intentional act or omission of the permittee, any officer, employee or agent of the permittee, or any person who is under the permittee's legal control. In addition, such agreement shall provide that, if a claim is made against the city by suit or otherwise, whether the same be groundless or not, arising out of such negligent or intentional act or omission, the permittee shall defend the city and shall indemnify the city for any judgment rendered against it or any sums paid out in settlement or otherwise. Such agreement shall be filed with the city clerk prior to the issuance of the permit.

B. Liability Insurance. As a condition precedent to the issuance of a permit authorizing an event, a permittee shall obtain public liability insurance from an insurance company licensed to do business in the state of California and having a financial rating in Best's Insurance Guide of at least "B". Such insurance shall provide "occurrence" coverage against liabilities for death, personal injury or property damage arising out of or in any way connected with such event. Such insurance shall be in the amount of at least $1,000,000.00, combined single limit, and shall name the city and the city's officers, employees and agents as additional insureds under the coverage afforded. In addition, such insurance shall be primary and noncontributing with respect to any other insurance available to the city and shall include a severability of interest (cross-liability) clause. Proof of such insurance, in a form approved by the city attorney, shall be filed with the city clerk prior to the issuance of the permit and such insurance shall be maintained in full force and effect throughout the course of the event authorized by such permit.

(Prior code § 24.11; Ord. 864, § 1, 1996)

A. Private Property—Consent of Owners. As a condition precedent to the issuance of a permit authorizing an event on private property, the permittee shall provide proof of ownership of the place or site of the proposed event, and a statement signed by all the owners of the property where the event is proposed, agreeing to be bound by the terms of any permit that is issued.

B. Block Party. In the case of a block party or other neighborhood event, the applicants shall submit a petition in favor of the event which has been signed by all the residents of the block affected by the permit.

C. Filming Activity. In the case of a proposed filming activity, the applicant shall agree to provide suitable and appropriate advertisement, acknowledgment, credit, or other such promotional benefit to the city.

(Prior code § 24.12; Ord. 864, § 1, 1996)

A. Payment of Charges.

1. In addition to the payment of the nonrefundable permit application fee, the daily fees and any other fees prescribed by resolution of the city council, a permittee shall pay the city for all city departmental service charges, as the same are defined in this chapter, which are incurred in connection with or resulting from the permittee's activities under the permit. These fees shall include the cost of police department personnel which are necessary to control and monitor pedestrian and vehicular traffic in and around the site of the event.

2. If city property is destroyed or damaged by reason of the event, the permittee shall reimburse the city for the actual replacement or repair cost of the destroyed or damaged property.

3. Each permittee shall be jointly and severally liable for the payment of fees and charges required by this chapter.

B. City Billing. City departments shall submit the final invoices and billings for departmental service charges to the permittee(s) no later than ten working days after the expiration date of the permit.

C. Cash Deposit. As a condition precedent to the issuance of a permit authorizing an event, the permittee shall pay to the city a cash deposit in an amount sufficient to cover all applicable fees, including the total city departmental charges which the chief of police estimates will be incurred in connection with the permit.

D. Refunds. If a permittee is unable to hold or conduct an event because of inclement weather or some other cause beyond the control of the permittee, and submits a written request to the city manager for a refund of fees within ten calendar days after the date the event was to be held, the city manager may authorize a refund of fees or a prorated portion thereof, except for the nonrefundable application fee.

(Prior code § 24.13; Ord. 864, § 1, 1996)

When acting on a permit authorizing an event, the chief of police, after reviewing the facts, may condition such permit upon the permittee's compliance with reasonable requirements concerning the time, place or manner of conducting the event as deemed reasonable and necessary to protect the health or safety of persons and property, or to control vehicular and pedestrian traffic in and around the site of the event. Such conditions may include, but shall not be limited to, requirements concerning the following:

A. The assembly or disbanding area for a parade occurring along a route;

B. The accommodation of pedestrian and vehicular traffic in and around the site of an event, including restricting an event to a city street, sidewalk, or to a portion of a city street or other public property;

C. The avoidance of substantial interference with necessary access for fire suppression, police vehicles, or personnel, to public or private property occupied by the event or located in the vicinity of the event;

D. The number and type of vehicles, animals, or structures to be displayed or used in the event;

E. The inspection and approval by city personnel of stages, booths, floats and other structures or vehicles to be used or operated in the event, to ensure that such structures or vehicles have been safely constructed and can be safely operated;

F. The deposit of a sum of money for cleanup if the event will take place on public property and will include the erection of structures, the display or use of horses or other large animals, the operation of water, first aid or comfort stations, or the sale of food, beverages or other goods or services;

G. The provision and use of illumination, traffic cones and barricades, adequate parking, signage, and ingress and egress to the site to ensure the orderly flow of traffic into and away from the event;

H. The employment of security personnel for events conducted on privately-owned property.

I. The provision and operation of water, comfort or first aid stations, and sanitary (including disabled-accessible) facilities;

J. The provision and use of garbage containers, and the cleanup and restoration of the site of the event at the termination of the event;

K. The use of sound amplification equipment, and restrictions on the amount of noise generated by motors and other equipment used in the course of the event;

L. The manner for providing notice of permit conditions to event participants;

M. The obtaining of any and all business licenses or other permits or licenses required for the sale of food, beverages or other goods or services at the event.

(Prior code § 24.14; Ord. 864, § 1, 1996)

A. Grounds. The chief of police may condition a permit after it has been issued based on subsequently discovered facts, provided that such facts were first disclosed or otherwise made known to the chief of police after issuance of the permit and further provided that such facts were not discoverable by the exercise of due diligence prior to the issuance of a permit.

B. Notice. When the chief of police decides to condition a previously issued permit based upon subsequently discovered facts, he or she shall immediately cause a notice of such action to be sent to the permittee and shall provide copies of the notice to the city manager, city clerk and all other city officers charged with carrying out any responsibilities under this chapter. However, when the chief of police decides to condition a previously-issued permit on the day of the event and has learned of such facts within 48 hours of the event, the chief of police shall announce such action to the event participants, to those city officers and employees engaged in monitoring or controlling the event, and to the person in charge of the event, if such person can be located at the site of the event. Thereafter, the chief of police shall cause notice of such action to be sent to the permittee, and shall provide copies of the notice to the city manager and city clerk.

(Prior code § 24.15, Ord. 864, § 1, 1996)

A. Mandatory Revocation by Chief of Police. The chief of police shall revoke a permit authorizing an event if the chief of police determines that there were grounds for denying the permit, as set forth in this chapter, which were first disclosed or otherwise made known to the chief of police after issuance of the permit and such facts were not discoverable by the exercise of due diligence prior to issuance of the permit.

B. Discretionary Revocation by Chief of Police. The chief of police may revoke a permit authorizing an event if the chief of police determines that the event is being conducted in violation of the terms and conditions of the permit or that the permittee or event participants have violated any applicable law or regulation; provided, however, that this subsection shall not authorize the revocation of a permit because of the need to protect participants from the conduct of others unless there are insufficient resources available to provide necessary police, fire and life-safety protection. Unless there is, in the opinion of the chief of police, an imminent danger to the personal safety or property of participants or third parties, the chief of police shall not revoke a permit pursuant to this subsection without first advising the permittee or responsible event participants of such violation and providing a reasonable opportunity to correct such violation.

C. Notice of Revocation. When the chief of police decides to revoke a permit prior to the date of the event, the chief of police shall immediately cause notice of such action to be sent to the permittee and shall provide copies of the notice to the city manager, city clerk and all other city officers charged with carrying out any responsibilities under this chapter. However, where the chief of police decides to revoke a permit on the day of the event and has learned of the facts justifying revocation less than 24 hours before commencement of the event, the chief of police shall announce such action to the event participants, to those city officers and employees monitoring or controlling the event, and to the person in charge of the event, if such person can be located at the site of the event. Thereafter, the chief of police shall cause notice of such action to be delivered to the permittee, and shall provide copies of the notice to the city manager and city clerk.

D. Hearing on Revocation. In all cases, except where the chief of police learns of the facts justifying revocation of the permit less than 24 hours before commencement of the event, the permittee shall have a right to a hearing before the city manager within 24 hours of the revocation, provided that the event is scheduled at least two days after the request for hearing is made. The hearing shall be at the city manager's office at 4:00 p.m. on the day after the hearing is requested, unless otherwise agreed upon. The city manager shall issue a decision orally at the conclusion of the hearing and shall also send notice of the decision to the applicant, the chief of police and the city clerk.

(Prior code § 24.16; Ord. 864, § 1, 1996)

The chief of police and any sworn peace officer employed by the city may temporarily suspend an event authorized by a permit whenever there is a fire or other emergency or circumstance that requires the event to be temporarily suspended to protect public safety. When an event is temporarily suspended for this reason, the permittee and event participants shall immediately comply with the suspending officer's instructions. The chief of police shall immediately attempt to notify the permittee orally and shall notify the permittee, the city manager and the city clerk, in writing, within 24 hours after the suspension, citing with particularity the facts and the reasons for the suspension.

(Prior code § 24.17; Ord. 864 § 1, 1996)

The chief of police is authorized and directed to place barricades on or within the public right-of- way, or other property owned or controlled by the city, and to undertake such other actions as may be necessary to cordon off the route or site of an authorized event. In addition, the chief of police, shall, when appropriate, post the route or site of such event as a no-parking zone for the duration of the event and sufficiently in advance thereof as may be necessary to prevent vehicles from parking along the route or at the site of the event.

(Prior code § 24.18; Ord. 864 § 1, 1996)

Prior to the date of the event, the chief of police shall endeavor to give notice of the nature, date and time of the permitted event to the owners of property adjoining the site of the event. Such notice may be provided by mail, personal delivery, publication, or by posting such notice along the route or at the site of the event; provided, however, that the failure of the chief of police to give such notice shall not invalidate a permit.

(Prior code § 24.19; Ord. 864, § 1, 1996)

A. The issuance of an event permit confers upon the permit holder or its event organizer the right to control and regulate the sale of goods, food, beverages, or services within the boundaries of the event in accordance with the terms and conditions of the event permit.

B. Vendors authorized to sell goods, food, beverages, or services within the boundaries of an event shall display their authorization in the manner required by the permit. Only vendors displaying the required authorization shall be allowed to sell goods, food, beverages, or services in the boundaries of the event.

(Ord. 1011, § 1, 2006)

No dogs or animals of any kind shall be allowed on any public street, sidewalk or other property owned or controlled by the city during a parade or public assembly for which a permit has been issued by the city, except when such animal is authorized by permit to participate in the event.

(Ord. 957, § 1, 2001)

In addition to any other conduct or activity specifically prohibited by this chapter or city ordinance, it shall be a violation of this chapter for any person to:

1. Physically obstruct, impede, hamper or otherwise interfere with any event authorized by a permit, or with any participant in such event.

2. Drive a vehicle between vehicles or persons traversing the route of a parade authorized by a permit when such vehicles or persons are in motion.

3. Walk, remain, stop or park along or within any portion of the route or site of an event authorized by a permit, when the route or site has been lawfully cordoned off or posted.

4. Sell tickets, or offer to sell tickets, to an event without first obtaining a permit therefor.

5. Operate, conduct, or participate in an event in violation of any provision of this chapter or city ordinance, or in such a manner as to create a public or private nuisance.

6. Consume, sell, or be in possession of intoxicating liquor at an event, or knowingly allow any person to do so, except where such consumption or possession is expressly authorized by the terms of the permit or regulation of the activity is preempted by state law.

7. Knowingly allow any person attending an event to use, sell, or be in possession of any dangerous or illegal drug.

8. Sell, resell, or offer to sell or resell, any goods, food, beverages, or services in the boundaries of an event, except:

a. From any building;

b. From any tent, booth, or temporary structure expressly authorized by an event permit; or

c. As authorized by a temporary uses permit or license pursuant to city zoning code.

(Prior code § 24.20; Ord. 864, § 1, 1996; Ord. 957, § 1, 2001; Ord. 1011, § 2, 2006)

Violations of this chapter shall be subject to the general penalty provisions of the Municipal Code.

(Prior code § 24.21; Ord. 864, § 1, 1996; Ord. 957, § 1, 2001)