Irvine Municipal Code Ch. 8 Special Events

Footnotes:

--- (16) ---

Editor's note— Ord. No. 03-06, §§ 1 and 2, adopted February 11, 2003, amended the Code by repealing former ch. 8, §§ 2-10-801—2-10-805, 2-10-807—2-10-811, 2-10-813—2-10-817, and 2-10-819—2-10-822, and adding a new ch. 8. Former ch. 8 pertained to similar subject matter, and derived from the of Code 1976, §§ II.M-1401—II.M-1419; Ord. No. 89-7, adopted April 11, 1989; and Ord. No. 92-18, adopted October 27, 1992.

The intent of this chapter is to provide a regulatory framework for permitting special events. Special events shall be conducted so as not to cause any detrimental effects to surrounding properties and the community, and shall not violate any other ordinance or regulation of the City. It is the intent of this chapter to ensure that special events, when conducted, are done so in a manner that does not unduly impede, obstruct, impair or interfere with the free use of the public streets, sidewalks, or other public property of the City, and to ensure that there is a mechanism in place to regulate the competing use of public forums. It is also the intent of this chapter to provide a mechanism to meet the expenses incident to the administration of this chapter. The provisions set forth in this chapter shall establish criteria for characterizing events as "special events" and standards and conditions for approving and permitting such special events.

(Ord. No. 03-06, § 2, 2-11-03)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Administrative Authority shall mean the Director of Public Safety/Chief of Police or his or her designee, or, in the case of miscellaneous special events, the director of the department or his or her designee having the responsibility for and control over the event.

Parade shall mean a parade, procession, march, pageant, review, ceremony rally or exhibition which is conducted in, on, upon or along any portion of any public street, sidewalk, or other public property owned or controlled by the City, so as to impede, obstruct, impair or interfere with the free use of such public street, sidewalk, or other public property of the City.

Special event: For the purpose of this chapter, the words "special event" shall refer to any temporary event not exceeding 30 days (except Christmas tree sales, which may endure for a period not to exceed 45 days), whether indoors or outdoors, or on improved or unimproved property, which is inconsistent with either the zone in which the subject property is located, the uses to which the property may legally be put, or the occupancy levels permitted thereon. "Special events" shall also refer to any activity that may result in the closure of any public streets, or any activities which may temporarily require the installation of materials or devices using building, electrical, mechanical, plumbing, flammable or similar materials. "Special events" may include, but are not limited to, certain outdoor, short-term events such as walkathons, marathon runs, cycling events, and sporting events, or any combination thereof. All "special events" shall be classified under one of the following categories:

A. Major special events shall mean those events that impact multiple departments within the City and have attendance or participation by 1,500 or more persons, or will have a substantial impact on City roadways or rights-of-way (i.e., carnivals, parades, festivals, car races, marathon events).

B. Minor special events shall mean those events that impact multiple City departments and have attendance by less than 1,500 persons, or will have impact on City rights-of-way (i.e., 5K/10K races, bicycle rides, boxing matches).

C. Miscellaneous special events shall mean those events which impact only one City department and are handled solely by that department.

(Ord. No. 03-06, § 2, 2-11-03)

A Special Events Committee composed of representatives from each City department is hereby established. The Committee will meet as necessary to timely review all special event applications. The chair for the Special Events Committee shall be the Director of Public Safety or his or her designee.

(Ord. No. 03-06, § 2, 2-11-03)

No person or organization shall conduct a special event or permit its premises to be used for any special event without first obtaining a special event permit as provided for by this chapter. Special event permits for events which fall into the "major," "minor," and "miscellaneous" special events categories shall be approved by the Administrative Authority and issued prior to the commencement of the special event. No permit issued under the provisions of this chapter shall be transferable or movable to another location or another permittee.

(Ord. No. 03-06, § 2, 2-11-03)

A. Applications for permits to conduct special events shall be filed with the Administrative Authority within the time frames listed below:

1. Major special events: Applications shall be filed no more than 18 months nor less than six months prior to the opening date of the event.

2. Minor special events: Applications shall be filed no more than 180 days nor less than 30 days prior to the opening date of the event.

3. Miscellaneous special events: The application for special events in this category shall be filed not less than 10 days prior to the event and in accordance with the policies or guidelines set forth by the respective City department. For events under this classification, the involved department will be responsible for the issuance of the permit.

4. Parade: The above notwithstanding, an application for a permit to conduct a parade shall be provided to the City to at least one week before the scheduled event if the parade will proceed on a street or involves more than 50 participants and three days advanced notice if the parade will solely proceed on a sidewalk or other property and involves less than 50 participants.

B. The applicant shall pay all fees as determined by resolution of the City Council, which may be amended from time-to-time, including the traffic control fee as established in Section 2-10-810 below. The fees shall be established at a rate to cover the City's actual costs of processing the application and to pay the City for all City department service charges the City incurs in connection with or due to the permittee's activities under the permit. These costs are for the direct impacts caused by the participants in the event, not actions of onlookers. At least two days before the event is planned to begin, the applicant shall submit to the City a cash deposit in an amount sufficient to cover the total city departmental charges estimated to be incurred in connection with the permit. City departments shall submit the final invoices and billings for each department, which shall be totaled into a final invoice and provided to the permittee, who shall pay any unpaid balance within 30 days of receipt of the invoice.

If City property is damaged or destroyed by reason of the permittees use, event or activity, the permittee shall reimburse the City for the actual cost of replacement or repair of the damaged or destroyed property. All such costs shall be included into the invoice referenced above, unless an accurate cost for replacement or repair of one or more items of City property cannot then be ascertained, in which case, the City may bill the applicant when such information becomes available.

(Ord. No. 03-06, § 2, 2-11-03)

Applications shall be completed in writing on a form provided by the City and contain full, complete and detailed information, including, but not limited to, the following special event information:

A. All events:

1. The name, address, and telephone number of the applicant and an alternative contact person.

2. If the event is proposed to be sponsored by an organization, the name, address and telephone number of the organization, and the authorized head of the organization and Administrative Authority written authorization to apply for the special event permit by an officer of the organization.

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

4. The nature/purpose of the event.

5. Date and estimated start and ending time of the event.

6. Location of the event, including its boundaries, with specific emphasis on an explanation of the street, or other public property and the specific area or areas thereof which are proposed to be utilized in connection with the proposed use, event or activity.

7. Estimated number of participants and spectators in the event, including a list of all vendors and contractors involved with the event.

8. The type and estimated number of vehicles, animals, and structures which will be used at the event.

9. The size, shape, and material of signs or banners to be posted along the route, if any, and the method of posting.

10. Whether there will be water, toilets, and first aid stations at the event.

11. Description of any sound amplification equipment which will be used at the event.

12. Whether any food, beverages, or merchandise will be sold at the event.

13. Whether any alcoholic beverages will be sold or dispensed at the event.

14. Whether volunteers to monitor the route will be employed at the event.

15. Parking needs or requirements for the event.

B. Additional information required for parades, races, and other events affecting City right-of-way:

1. The assembly point for the event, the time at which units of the parade or other event will begin to assemble.

2. The route to be traversed.

3. Whether the parade or other event will occupy all or only a portion of the streets proposed to be traversed.

4. The intervals of space to be maintained between units of a parade or other event.

5. The number, types, and size of floats.

6. Material and maximum size of any signs or banners to be carried along the route.

C. Supplemental information. Any supplemental information which the Administrative Authority shall find reasonably necessary, under the particular circumstances of the special event application, to determine whether to approve, or conditionally approve, a special event permit pursuant to Sections 2-10-810 and 2-10-811.

(Ord. No. 03-06, § 2, 2-11-03)

A. Prepayment of fees. Upon approval of an application for a special event permit, the Administrative Authority shall provide the applicant with a statement of the estimated cost of providing traffic-control services for the event. The charges shall include estimated costs for providing overtime police officers for traffic control and overtime public works personnel and equipment charges for road closures at the event unless exempted. The applicant/sponsor of the event shall be required to prepay the estimated traffic-control fees prior to the issuance of a special event permit. Traffic control by officers includes clearing the route or site of unauthorized vehicles, diversion of traffic around the event, and directing pedestrian and vehicular traffic along the route of an event. In the event the actual costs incurred by the City, including overhead costs, exceed the amount of the prepaid estimated traffic-control fee, the applicant/sponsor may be billed by the Administrative Authority for any additional, actual costs incurred by the City.

B. Computing traffic-control fees. The traffic-control fees will be computed by determining the number of police officers and public works personnel that will be required for traffic control in addition to those who would otherwise be on duty at the time, the number of hours City personnel will be required to be on duty for the event, and the City's full cost of providing personnel on an hourly basis at rates established in accordance with City personnel rules and regulations and conditions contained within memorandums of understanding between the City and employee labor organizations. Every effort shall be made to incorporate the use of barriers, traffic cones, police explorers, and other devices which are less expensive than actual police officers whenever reasonably possible.

C. Refunds. If the actual cost for traffic control on the date of the event is less than the estimated cost pursuant to Subsection A above, the applicant/sponsor will be promptly refunded the difference by the City of Irvine.

D. Preestablished event routes and fees. The Director of Public Safety will preestablish several event routes within the City of Irvine. These routes shall specify the number of officers and public works personnel required for the route. The preestablished routes and the fee schedule for traffic-control services shall be made available to the public.

(Ord. No. 03-06, § 2, 2-11-03)

A. The applicant shall submit an agreement on a form provided by the City and signed by the applicant stating that, within 48 hours after the conclusion of the special event, the applicant will be responsible to clean and restore or cause to be cleaned or restored to its pre-event condition the property upon which the special event is to occur. With regard to parades, this section is interpreted to require the permittee to clean up or pay to the City all costs associated with the cleaning up of all debris and items left in the area of the special event by all participants in the special event. Except with regard to parades, such agreement shall be secured by a cash deposit or a surety bond payable to the City. The Administrative Authority shall determine the amount of the security deposit using the following criteria:

1. Five hundred dollars for every 1,000 people expected to attend; or

2. Five hundred dollars for every mile of City right-of-way involved.

B. The security deposit shall be refundable on compliance with the provisions and requirements of this chapter, including, but not limited to, the removal of trash and debris, temporary signs, temporary circulation improvements, temporary fencing, and appurtenant accessory facilities and structures and the cleanup of the site. In the event the applicant fails to comply with the terms of this chapter and remove all temporary facilities and structures or clean the site in a manner satisfactory to the Administrative Authority, the City may do so or cause the same to be done following a notice to the applicant requesting removal and cleanup within seven days, and the reasonable costs thereof shall be charged against the applicant and its cash deposit or bond. In the event the City removes or causes to be removed any temporary improvements, notice shall be given to the applicant indicating that the City has removed such temporary facilities or structures and that they will be destroyed and/or will become the property of the City within 30 days of such notice if neither the applicant nor any representative of the same has contacted the City prior to the expiration of the 30-day period. All notices shall be sent to the applicant's address as provided on the special event permit application unless the applicant supplies the City a substitute address in writing.

(Ord. No. 03-06, § 2, 2-11-03)

With the exception of permits for parades, the applicant shall, prior to the issuance of the special event permit, submit to the Administrative Authority a certificate and endorsement of insurance issued by an insurance company authorized to do business in the State of California and having a policyholder's rating of "A" (excellent) or better, and a financial rate of "X" or better in "Best's Insurance Reports—Fire and Casualty," or by a company approved in writing by the Risk Manager, which shall evidence the fact that the applicant has in full force and effect a comprehensive general liability and property damage insurance policy covering every activity of the proposed special event in amounts to be determined by the City's Risk Manager, based on the nature and liability potential of the event. Said documents shall name the City, its officers, agents, employees and volunteers as additional insureds and shall indicate that the insurance is primary and any insurance which may be carried by the City shall be considered as excess thereto. The certificate and endorsement shall also indicate that the policy of insurance cannot be modified or canceled by the insurance carrier without at least 30 days' prior written notice to the City. Any certificates and endorsements shall be subject to approval by the City as to form, content, and financial ability of the insurer. The requirements of this section may be waived by the City's Risk Manager upon a showing of good cause. Good cause shall include, but not be limited to, a determination that the application of this section would violate the constitutional rights of any individual.

(Ord. No. 03-06, § 2, 2-11-03)

Prior to the issuance of a special event permit, the applicant shall provide the City with an executed hold-harmless agreement on a form provided by the Administrative Authority, which shall substantially state that the applicant agrees to indemnify, defend and hold the City of Irvine and its officers, employees, and agents harmless and free from any liability, penalty, expense or loss of any nature, including, but not limited to, liability for damage or injury to any persons or property caused by any participant to the special event.

(Ord. No. 03-06, § 2, 2-11-03)

The special event permit and all business permits relating to the event must be posted on the premises in a conspicuous place, and a copy thereof must be in the possession of the individual responsible for the supervision or conduct of the operation prior to the start of the activity.

(Ord. No. 03-06, § 2, 2-11-03)

The Administrative Authority shall approve, conditionally approve or deny applications for special event permits based on compliance or noncompliance with the provisions set forth within this chapter. In the case of applications for parades which propose to use City streets or parades proposed to involve more than 50 participants, the Administrative Authority shall make its determination on the permit within five days of receipt of a completed application and in the case of applications for parades to use City sidewalks, the Administrative Authority shall make its determination on the permit within two days of receipt of a completed application.

A. The application shall be issued unless the Administrative Authority finds that:

1. Information contained in the application, or supplemental information requested from the applicant, is false or fraudulent in any material detail.

2. The applicant fails to complete the application form prior to the submittal deadline after having been notified of additional information or documents required.

3. 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/or place requested by the applicant, or so close in time and/or place as to cause undue traffic congestion, or the City is unable to meet the personnel needs for both events.

4. 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, or disrupt the use of a street at a time when it is usually subject to traffic congestion.

5. 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 areas contiguous to the event.

6. The location of the event will substantially interfere with any construction or maintenance work scheduled to take place upon or along City streets, or a previously granted encroachment permit.

7. The event shall occur at a time when a school is in session, at a route or location adjacent to the school or class thereof, and the noise created by the activities of the event would substantially disrupt the educational activities of the school or class thereof.

8. The event shall occur at a route or location adjacent to a hospital or fire station, and the noise or other disruptions created by the event would negatively affect the activities of said hospital or fire station.

B. When the grounds for denial of an application for permit specified in Subsections A.3 through A.8 above can be corrected by altering the date, time, duration, route, or location of the event, the Administrative Authority shall, instead of denying the application, conditionally approve the application upon the applicant's acceptance of conditions for permit issuance. The conditions imposed shall provide for only such modification of the applicant's proposed event as are necessary to achieve compliance with Subsections A.3 through A.8 above. Such conditions would include, but may not be limited to:

A. Alteration of the date, time, route or location of the event proposed on the event application to ensure that the event does not close more than one lane of a street to through traffic during work days.

B. Conditions concerning the area of assembly and disbanding of parade or other events occurring along a route to ensure that the event does not unduly interfere with pedestrian or vehicular traffic.

C. Conditions concerning accommodation of pedestrian or vehicular traffic, including restricting the event to only a portion of a street traversed.

D. Requirements for the use of traffic cones, delineators or barricades to provide for the safety of both participants and traffic.

E. Requirements for the provision of first aid or sanitary facilities.

F. Requirements for use of event monitors, and providing notice of permit conditions to event participants.

G. Restrictions on the number and type of vehicles, animals, or structures at the event, and inspection and approval of floats, structures, and decorated vehicles for safety purposes only.

H. Compliance with animal protection ordinances and laws.

I. Requirements for use of trash containers, cleanup, and restoration of City property or right-of-way.

J. Restrictions on use of amplified sound.

K. Notification to businesses and residences along the affected street(s).

L. Compliance with any relevant ordinance or law and obtaining any legally required permit or license.

M. Restrictions on the consumption of alcoholic beverages.

(Ord. No. 03-06, § 2, 2-11-03)

The Administrative Authority may waive or reduce any fees and/or deposits provided for in this chapter if necessary to avoid violation of person's free speech rights.

(Added in 2016 recodification)

Either the denial of an application for a special permit or the imposition of conditions not acceptable to the applicant may be appealed to the City Council by filing both a written notice of appeal and the required cash deposit with the City Clerk within 10 days after the Administrative Authority's action on the permit. The City Council shall consider such appeal at its first regularly scheduled Council meeting occurring three or more days after receipt of the appeal by the City Clerk, with or without a public hearing as deemed appropriate, and may affirm, overrule, or modify the Administrative Authority's determination.

(Ord. No. 03-06, § 2, 2-11-03)

A. A special event permit may be revoked if the Administrative Authority finds that one or more of the following conditions exists:

1. Circumstances have changed to such a degree that one or more of the findings contained within this chapter can no longer be made in a positive manner.

2. The special event permit was obtained in a fraudulent manner.

3. The applicant fails, neglects or refuses to fulfill any of the conditions imposed upon the granting of the permit.

4. The applicant violates or attempts to violate any law of the State, or the provisions of this chapter, or any other law, ordinance or policy of the City.

B. Such revocation shall become effective immediately upon order by the Administrative Authority.

(Ord. No. 03-06, § 2, 2-11-03)

Any person who willfully fails to comply with the requirements of this chapter, or of any conditions attached hereunder, or who falsifies any information on any application hereunder is guilty of a misdemeanor punishable as set forth by State law. Any special event operated otherwise than in accordance with the chapter shall be a public nuisance which may be enjoined or abated as allowed by law.

(Ord. No. 03-06, § 2, 2-11-03)