Newark Municipal Code Ch. 8.34 Newark Days Celebration

The city council of the city finds as follows:

A. To commemorate and celebrate the birthday of the city of Newark, the city and its citizens have traditionally organized, participated in, and enjoyed Newark Days once each year.

B. The annual celebration of Newark Days is the one and only civic event that brings together all parts of the Newark community for four evenings and three days of activities, fellowships, education and entertainment.

C. The success of Newark Days depends upon the efforts of many individual volunteers, community groups and service organizations working through and coordinated by Newark Days Celebration, Inc. Newark Days Celebration, Inc., is a California nonprofit organization whose sole and exclusive purpose is the organization and promotion of Newark Days.

D. The city finds that the annual celebration of the city's birthday is a positive, meaningful and important contribution to the quality of life of the citizens of Newark, as Newark Days provides not only recreational and entertainment opportunities, but also education and cultural events. As such, the city has traditionally facilitated the celebration of Newark Days by providing publicly owned property for major events. In addition to facilitating the Newark Days celebration, the use of public property has allowed the city, acting in its proprietary capacity, to participate in the planning, supervision and operation of Newark Days events and so enhance the public's enjoyment of these events, while protecting the public peace, safety, health and welfare, in a manner that could not be accomplished by the mere regulation of similar activities on private property. The great majority of Newark Days activities have taken place on property owned or leased by the city, commonly known as the Newark community center/ MacGregor school field area. Newark Days activities thereon have included food and game booths, stage shows, art shows, carnival rides, greased pole climbs, art and craft exhibitions, children's shows (magic, children's circus, storytelling, puppet shows, etc.), Newark industry and commerce exhibitions, and dancing. Other significant Newark Days activities include a Newark Days parade and foot race ("The Newark Mile") which are held on the public right-of-way within the city. Only on municipally controlled property could such activities be held while appropriate provision is made for sanitation, traffic control, parking, public safety, and protection of neighboring public and private property from off-site impacts, and the protection of the public peace, safety, health and welfare.

(Ord. 299 § 1 (part), 1993)

Newark Days is established as the birthday celebration for the city. Newark Days may be celebrated on no more than an annual basis on the second weekend following the Labor Day weekend. Newark Days activities shall commence during the Thursday evening and shall conclude Sunday evening.

(Ord. 299 § 1 (part), 1993)

Newark Days events held on city-owned or leased property may include, but are not necessarily limited to, food booths, game booths, stage shows, art shows, carnival rides, arts and crafts exhibitions, children's shows, industrial and commercial exhibitions, and public dancing. The placement of temporary facilities, the scheduling of events and activities, and arrangements for security, sanitation, traffic control, insurance coverage, and similar matters shall be as agreed upon by the organizers of the Newark Days celebration, Newark Days Celebration, Inc., a California nonprofit organization, and the city of Newark acting in its proprietary capacity as owner or lessee of the property.

(Ord. 299 § 1 (part), 1993)