Morgan Hill Municipal Code Ch. 12.16 Events on Public Property

The purpose of this chapter is to regulate the use of streets, parks, playgrounds, dedicated open space, recreation, and public buildings and grounds of the city, in order that all persons may enjoy and make full use of them, and to protect the rights of persons living and working in the surrounding areas. Whenever the following words and phrases are used in this chapter they shall have the meanings ascribed to them in this section:

A. "City" refers to the city of Morgan Hill, California.

B. "Park" means a park, playground, recreation center or any other area, building or grounds in the city, owned or used by the city and devoted to active or passive recreation.

C. "City manager" means the city manager or designee.

D. "Person" means any person, firm, partnership, association, corporation, company or organization of any kind.

E. "Vehicle" means any wheeled conveyance, whether motor-powered or drawn, except for wheelchairs and vehicles in the service of the city.

(Ord. 1439 N.S. § 2 (part), 1999)

It is unlawful for any person to conduct a meeting, assembly, parade, procession or any similar display of any kind, or to use a sound amplifying system, or to serve and/or sell alcohol, or cause or permit the same upon any public street, alley, park, dedicated open space, or any other public building or grounds in the city unless there has first been obtained from the city manager a special event permit to do so, and such permit shall be carried by the person heading or leading such activity.

(Ord. 1439 N.S. § 2 (part), 1999)

The provisions of this chapter shall not apply to:

A. Meetings, parades and other events subject to this chapter, where the total anticipated attendance, counting all persons present, including spectators, can reasonably be expected to be less than fifty persons;

B. Funeral processions;

C. Students of the schools going to and from classes or when constituting a part of their educational activities under the immediate direction and supervision of the proper school authorities; or

D. A governmental agency within the scope of its functions.

(Ord. 1439 N.S. § 2 (part), 1999)

Any person desiring to conduct or manage a meeting, assembly, parade, procession or similar display (herein after referred to as "special event") on public property as set forth in Section 12.16.020 of this chapter, or to use a sound amplifying system, or to serve and/or sell alcohol shall, not less than sixty days nor more than one year before the date on which it is proposed to conduct such special event, file with the city manager a verified application on a form furnished by the city setting forth all of the following information:

A. The name of the person or responsible organization requesting a permit to conduct the special event or activity, use a sound amplifying system, or to serve and/or sell alcohol;

B. If the special event or activity is proposed to be conducted for, on behalf of, or by an organization, the name, address and telephone number of the headquarters of the organization, and the authorized and responsible head of such organization;

C. The name, address and telephone number of the person who will be the chairperson of the special event or activity and who will be responsible for its conduct;

D. The name, address and telephone number of the person or organization to whom the permit is desired to be issued;

E. The date when the special event or activity is to be conducted;

F. The location or the route to be traveled, the starting point and the termination point;

G. The approximate number of persons, and the number and nature of any animals and vehicles, which will participate in the special event or activity;

H. The time when such special event or activity will start and terminate;

I. Whether such special event or activity will occupy all or a portion of the width of any street proposed to be traversed;

J. The location by streets of any assembly area or areas for the special event or activity;

K. The time at which units of the special event or activity will begin to assemble at any such assembly area or areas;

L. The names of individuals and/or corporations duly registered in the state who will agree in writing to hold the city harmless and indemnify city, its officials, officers, employees, agents and representatives from any and all liability for injuries to persons or property occurring as a result of the activity for which a permit is sought, and also agreeing to pay the city for any and all damage to real and personal property owned by the city which results from the special event or activity for which the permit is sought;

M. Such other information as may be required by the city to enable the city manager to make adequate and appropriate arrangements for proper policing of the proposed special event or activity or public use of a sound amplifying system, or service and/or sale of alcohol.

(Ord. 1439 N.S. § 2 (part), 1999)

The city manager shall issue a permit as provided for under this chapter when, from a consideration of the application and from such other information as may otherwise be obtained, she/he finds that:

A. The conduct of such special event or activity will not substantially interrupt the safe and orderly movements of pedestrian or vehicle traffic, particularly the traffic contiguous to its route;

B. The conduct, nature or location of such special event or activity will either not require the dedicated use of police personnel as determined by the chief of police, or the applicant provides for the required police personnel and/or private security personnel, licensed by the state of California, that the chief of police determines is necessary to ensure the proper movement of traffic and preserve the safety and security of the community including those attending or participating in the event;

C. The concentration of persons, animals and vehicles at assembly points of a parade or at the location of the other special event or other activity will not unduly interfere with proper fire and police protection of, or emergency medical response to, areas contiguous to such assembly areas and locations;

D. The conduct of such special event or activity or use of a sound amplifying system will not have an undue adverse affect upon schools, hospitals, churches, businesses or residents in the vicinity of such activity;

E. The conduct of such special event or activity will not unduly interfere with the movement of firefighting or other emergency equipment en route to an emergency;

F. The applicant has applied for or obtained all required permits, licenses, insurance coverages, or other authorizations or entitlements required for the special event or activity. No permit will be issued by the city, or if first issued any issued permit will be revoked, if any required permit, license, policy or other authorization or entitlement is not obtained or is revoked after initially being issued;

G. The conduct of such special event or activity is not reasonably likely to cause injury to person or property or to provoke disorderly conduct or create a disturbance;

H. Such special event or activity is not to be held for the sole purpose of advertising the goods, wares or merchandise of a particular business establishment or vendor without also having the purpose of promotion of the common good and welfare of the city;

I. The applicants have entered into a hold harmless agreement for the protection of city as specified in subsection L of Section 12.16.040 of this chapter;

J. Payment, if applicable, of any and all related deposits and/or fees.

(Ord. 1439 N.S. § 2 (part), 1999)

The permit, if issued by the city manager, shall set forth the pertinent information required by Section 12.16.040 of this chapter, and shall be signed by the chairperson or other person who will be responsible for the conduct of the special event or activity.

(Ord. 1439 N.S. § 2 (part), 1999)

The city manager shall act upon the application for a parade permit within ten days after the filing thereof. If the city manager disapproves the application, the city manager shall mail to the applicant within ten days after the date upon which the application was filed, a notice of the disapproval, including a statement of the reasons for the denial. Such notice shall be mailed to the applicant at his/her address as given on his/her application.

(Ord. 1439 N.S. § 2 (part), 1999)

Any person who has been denied a permit by the city manager may appeal to the city council by filing a written notice of such appeal within five days after the mailing by the city manager of the notice of disapproval. The city council shall have a hearing on the appeal at its next regular meeting if the notice of appeal is filed at least two days prior to that regular meeting date. If the notice of appeal is filed within two days of the next regular meeting, the hearing shall be held at the following regular meeting. The applicant may present all evidence, testimony and information relevant to the application at the hearing. The city council shall either affirm the denial of the application or direct the city manager to issue a permit as applied for at its public meeting, subject to the reasonable terms and conditions permitted under Section 12.16.060 of this chapter. The decision of the city council shall be final and binding and no further appeal can be taken.

(Ord. 1439 N.S. § 2 (part), 1999)

Immediately upon the granting of a permit under this chapter, the city manager shall send a copy thereof to the following:

A. The chief of the police department;

B. Any other public official responsible for functions deemed likely to be affected by the special event or activity;

C. Any public transportation or other utility, the regular routes of whose vehicles will be affected by the route of the special event or activity.

(Ord. 1439 N.S. § 2 (part), 1999)

The city manager shall have authority, in his/her discretion, to consider any application for a permit to conduct a special event or activity which is filed less than sixty days before the date such special event or activity is proposed to be conducted.

(Ord. 1439 N.S. § 2 (part), 1999)

No person shall join or participate in a special event or activity without the consent of the permittee, nor in any manner interfere with its progress or orderly conduct.

(Ord. 1439 N.S. § 2 (part), 1999)

No person shall engage in any activities in the park which are prohibited in Chapter 12.20.

(Ord. 1439 N.S. § 2 (part), 1999)

It is unlawful for any person to violate any provision of this chapter or to fail to follow any of the prescribed terms under which the permit is issued.

(Ord. No. 2276 N.S., § 44, 5-2-2018)

Editor's note— Ord. No. 2276 N.S., § 44, adopted May 2, 2018, amended § 12.16.130 in its entirety to read as herein set out. Former § 12.16.130 pertained to violation—penalty and derived from Ord. 1439 N.S., § 2(part), adopted in 1999.