Napa County Municipal Code Ch. 10.24 Special Events on Public Roadways

Footnotes:

--- (4) ---

Editor's note— Ord. No. 1411, § 1, adopted Feb. 9, 2016, amended former Ch. 10.24, §§ 10.24.010—10.24.130, in its entirety to read as herein set out. Former Ch. 10.24 pertained to the same subject matter and derived from the prior code, §§ 8250—8256, 8258—8269; Ord. No. 898, § 2, 1988; Ord. No. 906, § 28, 1989; Ord. No. 919, § 4, 1989; Ord. No. 1052, §§ 12, 13, 1993; Ord. No. 1081, § 7, 1995.

For purposes of this chapter, the following words and phrases shall be defined as set forth in this section, unless it shall be apparent from the context that a different meaning is intended.

"Aggrieved person" means any person who objects to the actions of the director in processing an application for a special event permit, whether such action constitutes the granting of a permit, the denial of a permit, or the imposition of conditions thereon. "Aggrieved person" is not limited to the applicant.

"Arterial roadway" means any roadway designated Rural Throughway on the Circulation Map of the Napa County General Plan.

"Director" means the director of public works of the county.

"Filming activity" means the use of any facilities owned by the county, including buildings, land and highways, for the purpose of motion picture filming.

"Highway" means the entire width of the right-of-way of any street, highway, road, thoroughfare or alley under the jurisdiction of the county.

"Maximum participant load" means the total number of participants associated with all event(s) at a particular location.

"Relay events" means events in which multiple participants act as a team, whereby one participant hands off active status to another.

"Special event" means an organized procession or assemblage of more than fifty people on a highway that would significantly affect traffic or create a safety problem. Examples of special events include, but are not limited to, walkathons, runs, marathons, trail rides, bicycle events and races, fairs, celebrations, parades, and other similar activities.

"Special event monitor" means a person who has completed a traffic-control program approved by the California Highway Patrol in accordance with the provisions of Section 21100 of the California Vehicle Code.

"Special events permit" means a permit issued pursuant to this chapter.

(Ord. No. 1411, § 1, 2-9-2016; Ord. No. 1419, § 1, 3-21-2017)

It is unlawful for any person to sponsor or conduct any special event or filming activity unless he or she first obtains a special event permit and the special event is conducted in compliance with all terms and conditions of that permit.

(Ord. No. 1411, § 1, 2-9-2016)

A special event permit shall not be required for:

A. A regular and bona fide funeral procession;

B. Students going to and from school classes or participating in authorized educational activities, provided such conduct is under the immediate direction and supervision of appropriate school authorities;

C. Events which are expected to have fifty or fewer participants, do not require road closures or traffic control, and in which all participants are required to comply with the provisions of the California Vehicle Code.

(Ord. No. 1411, § 1, 2-9-2016)

A. Any person desiring to conduct a special event shall file with the director a reservation request including the preferred date(s), a map depicting the course of the event, and the expected number of participants. Requests may first be filed during the first seven days of the calendar month being requested in the year preceding the preferred date (e.g. a request for a May 26 event can first be requested May 1 through May 7 of the preceding year). If at the end of this seven-day period, there are more requests than can be approved consistent with the provisions of this chapter for a given date or location, priority shall be given based on the number of years the event has been conducted on a similar date in the past (for example, the second Saturday in May). Following this initial seven-day period, dates shall be assigned consistent with the provisions of this chapter on a first-come, first-served basis.

B. Notwithstanding any other provision of the county code or policies, a waiver of the fee for special events shall not be approved by the director unless (1) the applicant is a local 501(c)(3) or 501(c)(4) organization or has designated a local 501(c)(3) or 501(c)(4) partner; and (2) a minimum of twenty-five percent of net revenues are designated for said local organization or local partner. The deposit required in subsection (F) below shall not be waived.

C. A complete application for a special event permit, including full payment of the base fee or approval of any request for waiver of the fee, shall be submitted to the director no later than ninety calendar days before the event, nor earlier than the first day that a request for a reservation can be filed pursuant to subdivision A of this section. Upon a showing of good cause, late applications may be accepted if filed sufficiently in advance of the date of the proposed special event to enable the director to thoroughly consider and investigate the application and the local commander of the California Highway Patrol informs the director there is sufficient time to enter into all traffic control contracts deemed necessary by that agency.

D. Applications for permits pursuant to this chapter shall also be accompanied by a deposit established by resolution of the board, to ensure cleanup of the event course of litter, debris or damage associated with the conduct of the event. Said deposit shall be used to perform cleanup or repair if the course is not left in satisfactory condition, as determined by the director. Balance of said deposit shall be refunded to applicant within thirty days of the completion of the event.

(Ord. No. 1411, § 1, 2-9-2016; Ord. No. 1419, § 2, 3-21-2017)

Before issuing a special event permit, the director shall require the applicant to file with the director a certificate of insurance showing that the applicant has obtained insurance in the amount of one million dollars to cover the liability of the applicant for property damage and/or injuries, including death, to any persons in connection with the activities conducted in accordance with the permit. The county and its respective officers, employees, and agents shall be named as additional insured on said certificate which shall further provide that it shall not be cancelled without thirty days prior written notice to county. It is a specific condition of each special event permit that the applicant shall maintain at least this level of coverage in full force and effect during the life of the license and thereafter as to activities which occurred during the life of the license.

(Ord. No. 1411, § 1, 2-9-2016)

As a condition to the issuance of a permit, the applicant shall defend, indemnify and hold harmless the county and each and all of its officers, agents and employees from any and all claims, actions, damages, costs and expenses, including attorneys fees, to the extent they are caused by the negligent acts or omissions of the applicant or authorized participants in the special event.

(Ord. No. 1411, § 1, 2-9-2016)

Before issuing a special event permit, the director shall confer with the California Highway Patrol and such other governmental agencies or county departments as the director deems appropriate to fully review the application. The director shall issue a written permit as provided for in this chapter when, from a consideration of the application and from such other information as may otherwise be obtained, the director finds that:

A. The special event will not substantially interrupt the safe movement of other traffic or agricultural equipment and/or products, and is not reasonably likely to cause injury to persons or property on or adjacent to the route of the special event; and

B. The concentration of persons, animals and vehicles will not unduly interfere with proper fire and police protection of, or ambulance service to, areas where the special event will take place, or contiguous thereto, or the movement of any emergency equipment en route to an emergency; and

C. No other special event has been previously approved for the same time and place, or so close in time and place as to cause undue traffic congestion, or cause safety personnel to be unable to meet the safety and security needs of both special events; and

D. The special event is not to be held solely to advertise the goods or services of a particular business establishment or vendor; and

E. The special event has met all medical equipment, standby, and transportation requirements, and has paid all fees as established by guidelines and policies of the Napa County Emergency Medical Services Agency. The requirements may include first-aid stations, physician support, ambulance transportation, and access to emergency medical supplies and equipment. Emergency medical requirements will be based on the size, location, and duration of the event. Medical response plans must be approved by the Emergency Medical Services Agency prior to issuance of a special event permit; and

F. There will be a maximum of two events per month at any location on an arterial roadway; and

G. There will be a maximum of one event per weekend at any location on an arterial roadway.

H. Notwithstanding the provisions of subsections (F) and (G) above, one additional event may be permitted on a given date if the combined maximum participant load of all special events occurring on that date at any location does not exceed three thousand.

I. Relay events are not permitted on State Route 29 or on Silverado Trail north of Trancas Street.

J. The special event or applicant for said special event was not, during the prior calendar year, found to been in violation of a particular requirement of a permit for a third special event in a row. This finding shall not prohibit the director from denying a permit as a result of any singular violation of a permit if the director, based on that violation, is unable to make any other finding required by this section.

(Ord. No. 1411, § 1, 2-9-2016; Ord. No. 1419, § 3, 3-21-2017)

A. Issuance. The director shall approve, conditionally approve or deny the special event permit application within twenty working days after the date the application is filed. If the director does not act on an application within twenty working days, the permit shall be considered approved as applied for as long as the requirements of Sections 10.24.050 and 10.24.060 have been met, unless the permit has been appealed pursuant to Section 10.24.120.

B. Notice. Upon approval of the permit by the director, or automatic approval if the director has not acted on the application within the time period set forth in subsection (A), above, the director shall notify the local commander of the California Highway Patrol of the approval or deemed approval of the permit and the details of the special event. Such notification shall occur no less than thirty days prior to the date of the special event.

(Ord. No. 1411, § 1, 2-9-2016)

A special event shall be conducted only in accordance with the terms and conditions imposed to ensure the findings required by Section 10.24.070 will exist during the continuation of the activity. Such conditions may include, when necessary:

A. The time and location of the special event, including conditions to accommodate pedestrian and vehicular traffic;

B. The maximum number of participants;

C. Advance posting of event location and route, including traffic-control signing and barricades where required;

D. Use of a method acceptable to the California Highway Patrol for providing notice to event participants of their responsibilities, including their responsibility to comply with all applicable California Vehicle Code laws;

E. Use of special event monitors, provided, however, such monitors shall only be required if a training program is available and, in the opinion of the director and the local commander of the California Highway Patrol, such specialized training is required for the safety of the public in view of the circumstances of the particular special event;

F. Adequate, safe parking and staging areas for the participants;

G. Arrangements for emergency services and sanitation facilities for participants;

H. Sweep vehicles to pick up stragglers or injured participants, litter, route signs, barricades, cones or other traffic-control devices;

I. Authorization for and conditions of use, including maximum decibel levels and duration of use, of any mobile public address sound system equipment;

J. One or more contracts with the California Highway Patrol to reimburse that agency for traffic control services required specifically to minimize negative impacts on traffic caused by the special event, as long as such additional services and contracts have been determined in writing by the director and the local commander of the California Highway Patrol to be necessary under the circumstances of the particular special event;

K. Other matters which the director determines may significantly affect the safety or welfare of event participants or vehicular or pedestrian traffic;

L. Full closure of any arterial roadway shall only be permitted for special events with a minimum of one thousand participants.

M. Notification of all special events or filming activities shall be posted along the course for all special events or filming activities conducted on county highways, as approved by the director.

N. Commitment by event organizer to minimize interference with agricultural activities and movement of agricultural products and equipment.

(Ord. No. 1411, § 1, 2-9-2016)

A. The director shall not supervise any of the activities conducted under the authority of a special event permit. The applicant shall supervise all such activities. The applicant, sponsoring organization, or its representatives, shall provide the director with the name of at least one person who shall be responsible for special event monitors whenever special event monitors are required as a condition of the special event permit.

B. The written permit obtained pursuant to this chapter shall be carried by the person heading or leading the special event for which the permit was issued.

(Ord. No. 1411, § 1, 2-9-2016)

The director may revoke a special event permit at any time if, in the opinion of the director, conditions exist which may significantly affect the safety of event participants and/or traffic, or if the applicant violates any condition of the permit. The director shall immediately notify the applicant of such revocation and the reasons therefor. For purposes of the appeal procedure set forth in Section 10.24.120, such revocation shall constitute a denial of the permit.

(Ord. No. 1411, § 1, 2-9-2016)

A. Filing for Appeal. Any aggrieved person may appeal the conditions of approval of the special event permit or the denial of the special event permit to the board of supervisors by submitting written notice thereof within four working days after the director gives notice of his determination to issue or deny such permit.

B. Hearing on Appeal. Upon receipt of a written notice of appeal, the director shall cause the matter to be set for public hearing before the board of supervisors no later than the next regular meeting of the board of supervisors, at which time the board shall hear a report from the director and testimony from the aggrieved person and may receive additional written or oral evidence from any other person.

C. Decision. At the conclusion of the hearing, the board may sustain, modify or overrule the determination of the director. The decision of the board shall be final. If the overruled determination of the director was for denial of the permit, but the appeal could not be heard prior to time and date for the event requested in the application, the applicant shall have the right to reapply for a permit to hold the event at the same location but at a different time and date, and the fee for such reapplication shall be waived.

(Ord. No. 1411, § 1, 2-9-2016)

Except as otherwise provided in Division 17, Offenses and Prosecution, Paragraph 40000.1 of the California Vehicle Code, violation of Section 10.24.020 shall be punishable as provided in Section 1.20.150 of this code.

(Ord. No. 1411, § 1, 2-9-2016)