La Mesa Municipal Code Ch. 10.50 Special Events

Footnotes:

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Editor's note— Ord. No. 2009-2801, § 1, adopted July 28, 2009, changed the title of ch. 10.50 from "Outdoor Assemblages" to "Special Events."

(a) Background. Gatherings of people for political, social, or recreational reasons are an important societal activity in a healthy thriving community. Congregations of people can be disruptive and a nuisance when preparations are not made to safeguard the health, property, and welfare of participants and residents of the surrounding area. Major considerations for these types of events include pedestrian and vehicular ingress/egress, sanitary facilities, adequate water, security services, and medical response. Without safeguards there is no certainty that citizens can be assured a reasonably safe environment.

(b) Intent. It is the intent of this chapter to subject special events, which consist of outdoor assemblages, events, and parades, as defined, to reasonable regulations designed to permit such gatherings to be held while assuring the safety and well-being of the participants, persons attending, neighbors and the general public, and to enforce these safety regulations.

(Ord. 2489 § 1; February 23, 1988: Ord. No. 2009-2801, § 1; July 28, 2009)

(a) Outdoor Assemblage. Any outdoor event to which members of the public are invited or admitted for a charge or free of cost and which is attended or expected to be attended by more than two hundred fifty persons. The estimate of people in attendance will be determined by the chief of police or his representative. This definition does not include:

(1) Events that are sponsored by the city of La Mesa;

(2) School related functions as defined in the California Education Code not on city property or;

(3) Funeral processions.

(b) Event. An athletic event or other event having an impact on public lands or thoroughfares to include: a street fair, arts and crafts show, carnival, block party, rally, runs, or other special event which occurs on a city street, sidewalk, alley, or other street right-of-way and which is likely to obstruct, delay, or interfere with the normal flow of pedestrian or vehicular traffic.

(c) Parade. A march or procession consisting of persons, animals or vehicles, or combination thereof, on any city street, sidewalk, alley, or other street right-of-way, which is likely to obstruct, delay, or interfere with the normal flow of pedestrian or vehicular traffic. This definition does not include parades involving a total of thirty or fewer pedestrians marching along a parade route which is restricted to marching on sidewalks, and crossing streets only at pedestrian crosswalks in accordance with traffic regulations and controls. Pedestrians participating in the parade shall cross crosswalks in units of ten or less, and shall allow vehicles to pass between each unit.

(Ord. 2489 § 1; February 23, 1988: Ord. No. 2009-2801, § 1; July 28, 2009)

(a) Any person or organization desiring to sponsor, produce, organize or conduct a special event not exempted, shall apply for a special event permit by filing an application with the city clerk on a form supplied by the city clerk not less than ninety days nor more than two years before the event date. This time limitation may be modified, however, not less than twenty days before the event date, upon satisfactory proof to the chief of police justifying such modification. The application shall contain the following information.

(1) The name, address, telephone number and driver's license number of the person requesting the permit;

(2) The name and address of any organization or group he/she is representing;

(3) Description of the special event and the name, address and telephone number of the person(s) who will act as the on-site contact who will be responsible for the conduct of the special event;

(4) The number of security persons provided by the permittee, and identifying marks, badges, or symbols worn or to be used by such persons;

(5) The date, time, and location of the special event to be conducted;

(6) If a parade, the specific assembly and dispersal locations; the specific route, and the plans for assembly and dispersal;

(7) The approximate number of persons and/or animals or vehicles which or who will take part in the special event;

(8) Whether any costumes, masks, or unusual attire will be worn;

(9) The city council or city manager is authorized to approve the closure of a street or a portion of a street, as provided for in Section 21101(e) of the Vehicle Code for a special event.

(10) And, such other information as the chief of police may deem necessary in order to properly provide for traffic control, street and property maintenance, administrative arrangements, police and fire protection, and for the protection of public health, safety and welfare.

(b) When the special event is expected to be attended by five hundred persons or more, to be determined by the chief of police or his representative, the applicant in addition to the above will provide and assure the following services:

1. The applicant shall distribute handbills, that have been approved by the chief of police or his representative, to surrounding residences and businesses within three hundred feet of the special event's perimeter or post notices (minimum size eight by ten inches) at intervals of not more than one hundred feet throughout the area of the special event at least thirty days before the event. Parades and runs may satisfy this requirement by posting notices along the proposed route. The applicant must attest in writing to the city clerk that this requirement has been met.

2. Adequate potable water supply;

3. One toilet for every two hundred fifty persons in attendance;

4. Adequate lighting during nighttime events;

5. Trash receptacles;

6. Adequate communications equipment for use by the monitors;

7. Clean-up of immediate and surrounding area properties within twenty-four hours of the special event;

8. Parking control (two hours before the start and two hours after the conclusion of the special event);

9. Method of regulating number of participants. One security person for every two hundred fifty persons.

10. One copy of white background print of a map drawn to scale showing:

a. The location of the property concerned.

b. The location of all highways, streets, alleys, lots and parcels of land within five hundred feet of the exterior boundaries of the proposed use.

c. The location of the vehicle parking area and of all other areas to be used for other uses incidental to the special event.

d. All interior access ways.

e. Access to the property.

f. The location and detailed plans of all buildings and structures on the premises or to be erected, including any bandstand, stage or other facility for performers.

g. The location of loudspeakers.

h. The location of all toilet, medical, drinking and other facilities.

11. A certified check or other funds acceptable to the city in the amount of one thousand dollars shall be paid at the time of application to the city of La Mesa for clean up. If the terms of this chapter are met, the funds will be returned to the applicant within thirty days after the special event.

(Ord. 2489 § 1; February 22, 1988; Ord. 2546 § 1; November 14, 1989: Ord. No. 2009-2797, § 1; April 14, 2009: Ord. No. 2009-2801, § 1; July 28, 2009; Ord. 2019-2876, § 1, November 26, 2019)

(a) Any special event that numbers less than one thousand participants, as determined by the chief of police or his representative, may be issued a permit by the city clerk's office upon the approval of the chief of police.

(b) (1)

In addition to requirements of Section 10.50.030; any special event of one thousand persons or more must be authorized by the city council.

(b) (2)

Upon written request of the applicant, the city council may authorize the applicant to repeat the special event up to three years from the original event date listed in the application, and waive the requirement for a separate application. Such a written request must specify the future dates the applicant is requesting to be authorized. Authorization of the future dates is subject to revocation, as provided for in Section 10.50.050(b). A fee, to be approved by the city council and incorporated into the city's fee schedule, shall be paid by the applicant at the time of application for future approved repetitions of a special event.

(c) Prior to the issuance of a permit for a special event not otherwise requiring authorization by the city council, the city council may review and take action on the application for a specified special event at a public meeting. In determining when a specified special event may be subject to such review, the city council may consider one or more of the following criteria: the location, the time of day or night, the history of the special event or if no history exists, prior public comments regarding the special event, or other criteria as determined by the city council or as recommended by the city manager. The city council may establish a fee to be paid by the applicant to recover the cost of providing notice of a public meeting when the application for a special event is subject to review as described in this section.

(d) The city council, or city clerk upon recommended approval of the chief of police, shall issue the permit if the proposed special event will not endanger the public health, welfare or safety applying the following criteria:

1. Whether the time, duration, route, and size of the special event will unreasonably disrupt the movement of traffic;

2. Whether the temporary closing of streets, parks or sidewalks to public access or traffic will unreasonably inconvenience persons or adjacent business establishments who would normally make use of such places;

3. Whether the special event is of a size or nature that it would require diversion of so great a number of police or fire personnel so as to impair the normal protection of the remainder of the city;

4. Whether the applicant has provided monitors sufficient to control the orderly conduct of the special event in conformity with such permit;

5. Whether the congregation of persons, animals and/or vehicles in the area will unreasonably interfere with proper fire and police protection in the areas in the vicinity of the activity;

6. Whether the parade will move from its assembly area to its disbanding area expeditiously without stopping enroute except when reasonably required for the safe and orderly conduct of the parade;

7. Whether an insurance policy, paid for by the applicant, has been obtained to protect the city from liability. Event organizers must provide a certificate of insurance evidencing general liability insurance for bodily injury, property damage, and personal injury on a per occurrence basis. Limit to be determined by City of La Mesa risk manager based on risk. Additional insurance as deemed necessary by risk manager may need to be provided based on the risk associated with the event, i.e. liquor, fireworks. The city council may require additional insurance coverage or specify types of insurance as a condition of approval of a special event permit. All insurance required of an applicant shall include an additional insured endorsement naming the City of La Mesa, verify that the applicant's insurance shall be the primary insurance for the special event, and that any insurance or self-insurance provided by the City of La Mesa shall be non-contributory. The applicant shall complete a hold harmless/indemnification agreement with the City of La Mesa. Satisfactory proof of insurance must be submitted to the city clerk thirty days prior to the beginning of a special event or, if application is made less than thirty days prior to the beginning of the special event, at the time the special event permit application is submitted.

8. Whether the special event will interfere with another special event for which a permit has been granted; and

9. Whether the activity will violate city noise ordinances; and any other service deemed necessary by the chief of police.

(e) Whenever a special event numbers less than one thousand persons the city clerk shall forward the application to the chief of police within five working days after the filing thereof. The chief of police shall act upon the application within ten working days after receipt of same from the city clerk. The city clerk shall act upon the application permit within ten days after receiving the approval from the chief of police. Whenever a special event is one thousand or more persons, the city clerk shall submit the application to the city council for consideration within forty-five days after the filing thereof.

(f) The chief of police shall not recommend approval of a permit if any information supplied by the applicant is false or intentionally misleading.

(g) Nothing in this chapter shall permit the city council, city clerk or chief of police to deny a permit based upon political, religious, or constitutional grounds.

(h) The city council shall have the right to modify or waive any requirement of this chapter based upon evidence justifying said modification or waiver.

(i) Nothing in this chapter shall supersede or alter any ordinance already in force. It is the applicant's responsibility to comply with all existing laws.

(Ord. 2489 § 1; February 22, 1988: Ord. No. 2009-2801, § 1; July 28, 2009)

Notwithstanding any other provision in this code to the contrary, and otherwise in accordance with Chapter 10.50, the city manager shall be authorized to issue a special event permit subject to the following terms and conditions:

(a) City manager shall be authorized to approve a special event permit for an annual event for no more than three years at a time.

(b) City manager shall be authorized to approve a special event permit for events that occur more frequently than annually, provided such approval does not exceed more than one year at a time.

(c) As a condition precedent to the approval of any special event permit, the city manager, in consultation with the police chief, must find and determine that the special event will provide adequate security, safety, and staffing necessary to protect the public.

(d) For special events that require a street closure and numbers more than one thousand persons, the city manager shall notify addressees via U.S. mail within a three hundred foot radius of the event boundaries fifteen business days prior to the city manager's decision. Alternatively, the applicant may hand deliver said notice to the required addressees with proof of delivery being provided to the city manager. If no such proof is provided or is late, the city manager shall delay any decision until such time a fifteen-day notice is adequately provided. In either event, the applicant shall be responsible for any costs associated with the notification.

i. The notification shall include the date the city manager will make the decision, the posting location of the city manager's decision, and how to appeal the city manager's decision.

(e) City manager shall require the special event permit applicants to provide forty-five days prior notice of the special event pursuant to La Mesa Municipal Code Section 10.50.030(b)(1) as a condition of approval.

(f) City manager shall not consider or approve any special event permit application requesting a cost recovery reduction (i.e., less than the current special event permit cost recovery policy adopted by the city council). Any such special event permit application shall be submitted directly to the city council for its consideration and possible approval.

(g) Any determination or decision made by the city manager pursuant to this section may be appealed to the city council pursuant to La Mesa Municipal Code Section 2.08.051.

(Ord. 2019-2876, § 2, November 26, 2019)

A person shall not enter, be, or remain in the area described in a special event permit during a special event when in the possession of an alcoholic beverage except in a designated area for consumption of alcoholic beverages as authorized by the chief of police, when such an area has been designated. The city may recover costs incurred during a special event from the permittee if enforcement measures are deemed necessary by the chief of police or a designated agent of the police department.

(Ord. 2576 § 1; June 11, 1991: Ord. No. 2009-2801, § 1; July 28, 2009)

(a) Animals prohibited. In the interest of public peace, health and safety, any permit issued pursuant to this chapter may be conditioned to prohibit animals in the special event area or specified portion of the special event area. The permittee shall post signage at the main entrances to the special event and other locations in compliance with the specifications of the police chief which states the following:

"Animals prohibited at this event (or specified portion of event area) pursuant to La Mesa Municipal Code Section 10.50.047"

(b) Exceptions. This section shall not apply to:

(1) Animals owned or controlled by the permittee while in the special event area for purposes of event entertainment if authorized by the permit issued pursuant to this chapter;

(2) "Guide dogs," "signal dogs" or "service dogs" as defined pursuant to California law.

(c) Possession or control of prohibited animals unlawful. It shall be unlawful for any person to possess or control an animal in a special event area or specified portion of a special event area in which said animal is prohibited pursuant to this section. Any violation of this subsection shall be subject to prosecution pursuant to Section 1.01.080 of the La Mesa Municipal Code.

(Ord. 2007-2780 § 1; August 28, 2007: Ord. No. 2009-2801, § 1; July 28, 2009)

(a) Criminal. It shall be unlawful for any producer, organizer, agent or person to conduct, manage or participate in a special event without first securing a written permit, paying the fees and securing the appropriate insurance. A copy of the permit is required to be held by the on-site contact person and must be produced for examination when demanded by any peace officer. Violation of this chapter is a misdemeanor punishable by imprisonment in the county jail for a period not to exceed thirty days, a fine not to exceed five hundred dollars or by both imprisonment and fine.

(b) Revocation of permit. The chief of police shall revoke or suspend any permit issued pursuant to this chapter if any term, condition, restriction or limitation of said permit has been violated or is being violated, or if due to changed circumstances. Resultant costs of enforcing or terminating the special event will be borne by the permittee when just cause exists.

(c) Appeal. Any person aggrieved by the refusal of the chief of police or city clerk to grant a permit, or for revocation of permit after one has been issued, shall have the right to appeal to the city council by filing with the city clerk, within forty-eight hours from and after the date of denial, a written notice of the appeal setting forth the grounds therefore.

(d) Severability. If any section, subsection or portion of this chapter is for any reason held invalid or unconstitutional by the decision of a court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this chapter.

(e) Permit fees for special events. The permit fee shall be established by city council resolution.

(Ord. 2489 § 1; February 22, 1988: Ord. 2576 § 2; June 11, 1991: Ord. No. 2009-2801, § 1; July 28, 2009)