Chapter 8.37 — DOWNTOWN PLAZA

It is the purpose of this chapter to recognize, regulate and maintain activities taking place within the Downtown Plaza (the "Plaza") area. The Plaza is defined as the park property bounded by Sunnyside Avenue, Miller Avenue, Throckmorton Avenue and the east edge of the adjacent City parking lot. Notwithstanding the prior sentence, the provisions of this chapter shall not apply to those areas of the Plaza which are subject to a bona fide lease with the City. The Plaza is particularly well suited for community social events or gatherings and recreational activities, which create important social, aesthetic or greater community benefit and which fulfill the City's goals to preserve a vibrant community that respects Mill Valley's small-town character and the community's high quality of life. (Ord. 1275 § 1, December 7, 2015; Ord. 1356, 10/7/2024)

The Mill Valley Plaza, due to its location in the central commercial section of Mill Valley, is a park primarily for use by the general public on a casual, unstructured basis. (Ord. 1275 § 1, December 7, 2015; Ord. 1356, 10/7/2024)

A. By resolution, all organized uses or events in the Mill Valley Plaza must have written permission from the Arts and Recreation Director. Permits will be issued for specific periods of time and then expire at the conclusion of the permitted period. Permits may not authorize uses that are contrary to the use restrictions set forth in Section 8.37.040. The Arts and Recreation Director may condition the issuance of a permit by imposing reasonable requirements concerning the time, place, and manner of the event as necessary to protect the health, safety and general welfare of persons and property, including the control of traffic and the number of participants. The decisions of the Arts and Recreation Director may be appealed to the Parks and Recreation Commission by filing a notice of appeal with the Arts and Recreation Director within 10 days of the decision.

B. Commission Approval Process. The Arts and Recreation Director may defer to the Parks
and Recreation Commission for approval for rentals that have the potential to significantly
interfere with public use and enjoyment of the Plaza. The decisions of the Parks and
Recreation Commission may be appealed to the City Council by filing a notice of appeal
with the Arts and Recreation Director within 10 days of the Commission decision.
(Ord. 1275 § 1, December 7, 2015; Ord. 1356, 10/7/2024)

Due to traffic and parking congestion in the downtown area during the holiday season, requests for use of the Plaza between Thanksgiving and New Year's Day will receive special scrutiny. For example, the number of participants may be limited based on site constraints or to mitigate or avoid impacts of the use or event during the holidays and other times of year. (Ord. 1275 § 1, December 7, 2015; Ord. 1356, 10/7/2024)

With the exception of City-hosted events, amplified events are allowed by permit only, provided the following conditions are met:

A. Amplified events must comply with the Mill Valley Municipal Code Chapter 7.16, except
as otherwise provided in this section.

B. Amplified events shall be limited to four hours in duration occurring between the hours of
11:00 a.m. and 8:00 p.m., except between June 1 and August 31 when events may extend
as late as 9:00 p.m.

C. Permissible decibel level is 65 and will be measured in accordance with Mill Valley
Municipal Code Chapter 7.16.
No single individual or organization may request greater than four amplified events per year
excluding City of Mill Valley sponsored events.
(Ord. 1275 § 1, December 7, 2015; Ord. 1356, 10/7/2024)

Plaza use fees and deposits shall be set by resolution of the City Council. (Ord. 1275 § 1, December 7, 2015; Ord. 1356, 10/7/2024)

As a condition of the permit, all user groups must encourage through publicity and event instruction, parking availability outside the downtown area to minimize disruption to business traffic and parking. (Ord. 1275 § 1, December 7, 2015; Ord. 1356, 10/7/2024)

The following activities are prohibited in the Plaza:

A. Business or commercial activity for profit-making purposes, except the Mill Valley
Chamber of Commerce's Annual Wine, Beer & Gourmet Food Event (Chamber Event) and
the Mill Valley Film Festival's Opening and Closing Night Galas (Film Festival) are
permitted.

B. Except for the Chamber Event and the Film Festival, any event which charges a fee. All
uses shall be free and open to the public.

C. Posting of advertising, notices, decorations, etc. in the Plaza areas or on any structure
therein except for the kiosk located at the bus stop shelter as approved by the Arts and
Recreation Director. Additionally, the permit holder may place sandwich boards in the
Plaza on the day of a permitted event only as authorized by the Arts and Recreation
Director.

D. Active sports, which constitute a hazard to the safety of persons or limit access to the Plaza
including, but not limited to: bicycle riding, roller skating, skateboard/scooter riding,
frisbee throwing and/or throwing of balls.

E. Playing live or recorded or radio music between 8:00 p.m. and 8:00 a.m. except that between June 1 and August 31, amplified events may extend as late as 9:00 p.m.

F. Use of sound amplifying equipment without a permit issued by the Arts and Recreation
Director or the playing of non-amplified music or radio music for periods longer than 30
minutes.

G. Private instruction or giving of advice for a fee or donation.

H. Public entertainment for profit or donation.

I. Private motorized vehicles, other than motorized wheelchairs.

J. All animals, except service animals and dogs on leash, unless expressly approved pursuant
to Section 8.37.015. Commercial dog walking is not allowed in the plaza.

K. Animals in planted areas.

L. Violations of applicable federal, state or local law, or applicable policies of the City of Mill
Valley (including, but not limited to, the City's nondiscrimination policies).
(Ord. 1275 § 1, December 7, 2015; Ord. 1321 § 4, November 16, 2020; Ord. 1356, 10/7/2024)