Chapter 30A — SPECIAL EVENT PERMITS

Editor's note— Ord. No. 90-12, § 1, adopted March 14, 1990, repealed Ch. 30A, §§ 30A.1—30A.23, 30A.30—30A.40, which pertained to special event permits and derived from Ord. No. 83-13, § 2, adopted April 27, 1983. Section 2 of said Ord. No. 90-12, enacted provisions designated as a new Ch. 30A, §§ 30A.1—30A.21 to read as herein set out.

(a)

Special event.

(1)

The temporary use of public property, including but not limited to streets, sidewalks, beaches, parks, and harbor for the purpose of conducting a parade or any other special enterprise or event which significantly impacts or substantially restricts the public's normal, typical, or customary use, level or use, or ability to use such property; or

(2)

The temporary use of private property for the purpose of any of the following activities:

a.

Animal shows. Exhibitions of domestic or large animals for a maximum of seven (7) days.

b.

Circuses and carnivals. Provision of games, eating and drinking facilities, live entertainment, animal exhibitions, or similar activities in tent or other temporary structure for a maximum of seven (7) days. This classification excludes events conducted in a permanent entertainment facility.

c.

Religious assembly. Religious services conducted on a site that is not permanently occupied by a religious assembly use, for a period of not more than thirty (30) days.

d.

Open air fairs. Provision of games, eating and drinking facilities, live entertainment, or similar activities not requiring the use of roofed structures.

e.

Any other activity conducted on nonresidential property which substantially interrupts the safe and orderly movement of traffic or timely access by emergency vehicles. Such activities can include, but are not limited to, sporting events, concerts, rallies and festivals.

(b)

Sound-amplifying system. Any system, apparatus, equipment, device, instrument, or machine designed for or intended to be used for the purpose of amplifying the sound or increasing the volume of human voice, musical tone, vibration, or sound wave.

(Ord. No. 90-12, § 2, 3-14-90; Ord. No. 93-01, § 2, 1-6-93)

No person shall organize, produce, direct, conduct, manage, institute or carry on any special event without having obtained a permit from the city pursuant to this chapter.

(Ord. No. 90-12, § 2, 3-14-90)

No person shall knowingly join or participate in any special event in violation of any of the terms, conditions, or regulations of the permit issued therefor, or in any manner knowingly interfere with the orderly conduct of such event.

(Ord. No. 90-12, § 2, 3-14-90)

There is hereby established a special events committee composed of the chief of police, fire chief, recreation director, public services director, risk manager, harbor chief executive officer, and the aquatic superintendent, or their designated representative. The recreation director, or his designated representative, shall be the chairperson of the committee.

(Ord. No. 90-12, § 2, 3-14-90)

(a)

An application for a permit for a special event shall be filed with the recreation director not less than sixty (60) nor more than three hundred sixty-five (365) days before the date proposed for holding a special event. Such application shall be signed by the applicant or the applicant's authorized agent and shall be accompanied by a non-refundable processing fee payment to the City of Oceanside in an amount established by resolution of the city council.

(b)

The recreation director, in his discretion, may accept for filing an application submitted less than sixty (60) days before the proposed special event and may waive the processing fee.

(c)

The applicant also shall be required to obtain a separate "public dance" permit if this permit is required by Chapter 10 of this Code.

(Ord. No. 90-12, § 2, 3-14-90; Ord. No. 93-01, § 3, 1-6-93)

Application for a permit to hold a special event shall be made on forms provided by the city and approved by the special events committee. The application shall include a detailed description of the proposed special event, including but not limited to the following:

(1)

The name and address of the applicant, and if the same be a corporation, the names of its principal officers, or if the same be a partnership, association, organization or fictitious company, the names of the partners or persons comprising the association, organization or company with the address and telephone number of each;

(2)

The number of persons anticipated to be participating in the event;

(3)

Purpose of the event;

(4)

The date, hours, and precise location where the event is to be held;

(5)

The amount of any spectator, participant, entry, or other fee, if any, to be charged in connection with the event;

(6)

Type and nature of any vehicles, equipment, or other apparatus to be used in connection with the event;

(7)

The number and amplifying range of any sound amplifying systems to be used in connection with the event;

(8)

Type of goods, wares, merchandise, food, or beverages to be sold or otherwise provided to persons at the event;

(9)

The name and business address of any vendors who will be participating in the event.

The application shall be signed by the applicant under penalty of perjury and shall contain an agreement whereby the applicant agrees to fully compensate the city for any damage to public property, as well as to clean and otherwise restore any public event site or other impacted public property to the condition in which it was found prior to the conduct of the event.

(Ord. No. 90-12, § 2, 3-14-90; Ord. No. 93-01, § 4, 1-6-93)

The recreation director shall promptly forward all properly filed special event applications to the members of the special events committee. Such members shall review the application and conduct any inquiry or investigation, as appropriate, into persons involved with the proposed event and other facts, circumstances, and information relating to such event.

The chairperson of the committee shall convene a meeting to consider any properly filed application for a special event permit. The application shall be denied unless all committee members in attendance vote to approve the permit. Approval or denial of the application shall be made by the committee within thirty (30) days after its filing with the recreation director.

The applicant shall be promptly notified in writing of the decision of the committee.

(Ord. No. 90-12, § 2, 3-14-90)

The decision of the special events committee on any permit application shall be final unless reconsideration of the decision is requested within seven (7) days from the date of the mailing of the committee's written notice of its decision. Reconsideration can be made at the written request of the applicant or potentially ten (10) or more persons aggrieved by the issuance of the permit. Failure to file a written request for reconsideration within such seven-day period shall constitute a waiver of further review of the application except that the committee chairman or designee, in his discretion, may accept for review an otherwise untimely request for reconsideration.

Within five (5) days of the filing of a request for reconsideration, the city manager or designee shall conduct such inquiry, investigation, or review as he, in his discretion, deems appropriate and proper under the circumstances and shall affirm, reverse, or modify the committee's decision.

(Ord. No. 90-12, § 2, 3-14-90)

Prior to the issuance of a permit, the special events committee shall require the following:

(1)

The execution of an agreement to compensate the city for any loss or damage to public property or the deposit of a surety bond or cash in an amount sufficient to guarantee the cleaning and restoration of any event site on public property and removal of any debris left from the event on any public property; and

(2)

Proof of public liability and property damage insurance, including products liability coverage, written by an insurance company acceptable to the city in the minimum limits as set by resolution of the city council, naming the city and the small craft harbor district, if applicable, as additional insureds; in the alternative, the committee may require execution of a hold harmless agreement, indemnifying the city and small craft harbor district, if applicable, for any personal injury or property damage arising from such special event.

The special event committee, in its discretion, may waive or modify by unanimous consent the insurance requirements set forth in this section. Consideration of this matter shall be based upon the risk of injury to persons, risk of damage to property, and the financial hardship, if any, to the applicant in securing insurance.

(Ord. No. 90-12, § 2, 3-14-90; Ord. No. 93-01, § 5, 1-6-93)

(a)

As a condition to issuing a permit, the special events committee may impose reasonable terms and regulations concerning the time and place of such event; the area and manner of conducting such event; the maximum number of persons participating therein; the regulation of traffic, if required, including the number and type of vehicles, the number and type of signs and barricades to be provided by the applicant, if any, together with a plan of their disposition following the event; permissible decibel levels; and such other requirements as it may find reasonable and necessary for the protection of persons and property.

(b)

The special events committee may require the applicant to compensate the city or small craft harbor district for any incidental costs associated with the event, including but not limited to utility charges, and any necessary or appropriate fire, police, lifeguard, paramedic, or parking enforcement, or other services connected to or made necessary by the event. The permittee, as condition to issuing the permit, may be required to bear some or all of such costs as well as to deposit a surety bond or cash in an amount sufficient to pay the cost of providing these services.

(c)

Issuance of any special events permit shall be conditioned on and subject to the right of the city to summarily cancel, restrict, or modify such permit in order to facilitate or accommodate any other duly approved or permitted special event, celebration, or activity. The chairman of the special events committee shall mail to the applicant a notice of such cancellation, restriction, or modification no later than thirty (30)

days prior to the special event and shall take reasonable and appropriate actions to reduce, minimize, or eliminate any inconvenience, hardship, or burden as may result from the city's action.

(Ord. No. 90-12, § 2, 3-14-90)

(a)

The city manager or designee may immediately terminate or restrict the conduct of any special event if he determines that the public health or safety is in imminent danger because of real or threatened disaster, public calamity, riot or other emergency.

(b)

If any special event is conducted in whole or in part within the small craft harbor district, the harbor district chief executive officer or designee also have the authority referenced in subsection (a).

(Ord. No. 90-12, § 2, 3-14-90)

An application for a special events permit may be denied on any of the following grounds:

(1)

The applicant has failed or refused to provide the committee with the information referenced in section 30A.6 or any other information requested by the committee which is reasonably related to the conduct of the proposed event;

(2)

The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application for a permit;

(3)

The building, structure, equipment or location of such special event does not comply with or fails to meet applicable healthy, zoning, fire or safety requirements imposed by law;

(4)

The activity or location of the activity is such as unreasonably limit, obstruct, or curtail the free flow of traffic on any public street or sidewalk;

(5)

The applicant has failed to comply with any of the conditions imposed pursuant to section 30A.9;

(6)

The conduct of the special event or any proposed activity which may be part of the event is prohibited by this Code except as those sections which are expressly waived for the purpose and duration of the event;

(7)

The conduct of the special event will unreasonably interfere with the public peace, health, safety or welfare;

(8)

The applicant refuses to agree to or abide or comply with all conditions and regulations attendant to issuance of the permit;

(9)

The proposed event will unreasonably interfere with or obstruct another scheduled event or with the public's ability to use public property for activities unrelated to the event.

The special events committee shall notify the applicant in writing as to the reasons for denial of any application for a permit.

(Ord. No. 90-12, § 2, 3-14-90)

A special event permit shall contain the following:

(1)

The name of the person or organization to whom issued;

(2)

The type of activity for which the permit has been issued;

(3)

The date, hour and location for the event;

(4)

Expiration date and hour of the event;

(5)

Any conditions imposed on the holding of such special event; and

(6)

Signature of the recreation director or designated representative authorizing the event.

All permittees shall have the permit in their immediate possession or clearly visible at all times during the special event and shall display such permit upon demand of any representative authorizing the event.

(Ord. No. 90-12, § 2, 3-14-90)

Upon approval of the permit application, the recreation director shall so notify the following:

(1)

Police department;

(2)

Fire department;

(3)

Public services department;

(4)

Small craft harbor district;

(5)

Public information officer;

(6)

Risk manager;

(7)

City manager;

(8)

Lifeguard service.

(Ord. No. 90-12, § 2, 3-14-90)

A permit for any event issued hereunder may be summarily suspended or revoked by the chairman of special events committee at any time when he has reason to believe that:

(1)

Any of the grounds exist for which the original permit application could have been denied; or

(2)

The health, safety, or welfare of persons or property would be endangered because of real or threatened disaster, public calamity, riot or other emergency; or

(3)

The event is or will significantly or materially deviate from the terms of the proposed event as described in the permittee's application or in supplemental information provided to the committee; or

(4)

The permittee is or will be unable to satisfy any condition of the permit.

Notice of such suspension or revocation shall be made in writing to the permittee.

(Ord. No. 90-12, § 2, 3-14-90)

Any decision made pursuant to section 30A.8 may be appealed to the city council upon payment of an appeal processing fee in an amount established by resolution of the city council. The appeal may be made by the applicant or by ten (10) or more persons potentially aggrieved by the issuance of the permit. Such appeal shall be filed with the city clerk no less than fifteen (15) days before the proposed commencement date of the special event. The city clerk shall forward copies of the appeal to the city council and members of the special events committee, which shall submit to the city council a report on the case appealed.

(Ord. No. 90-12, § 2, 3-14-90)

(a)

The city council shall consider the appeal at a regular meeting or special meeting. Written notice of the time and place the council will consider the appeal shall be mailed by the city clerk to the person or persons who filed the appeal at least ten (10) days before the date set for hearing unless the applicant shall waive notice in writing.

(b)

In any appeal, the city council shall consider the application, the report of the case submitted by the special events committee and other pertinent information presented, and may deny or grant the permit subject to the conditions, terms and regulations set forth in this chapter. The decision of the council shall be final.

(c)

The city clerk shall, within three (3) days after decision of the city council, notify the applicant in writing of the decision of the council.

(Ord. No. 90-12, § 2, 3-14-90)

No permit shall be required under this chapter for any event sponsored or cosponsored by the City of Oceanside or the Oceanside Small Craft Harbor District.

(Ord. No. 90-12, § 2, 3-14-90)

Any person violating any provision of this chapter or knowingly and willfully violating any condition of the permit shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment in the county jail for a period not to exceed six (6) months, or by both such fine and imprisonment; and each such person shall be guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted.

(Ord. No. 90-12, § 2, 3-14-90)

If any section, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council hereby declares it would have passed this ordinance [chapter] and adopted this chapter and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

(Ord. No. 90-12, § 2, 3-14-90)

The city council or special events committee may waive or set aside any prohibition of Chapter 18 or 19 or section 20.40 of the City Code for the duration of any special event.

(Ord. No. 90-12, § 2, 3-14-90)

The special events committee may waive, modify, or reduce any fee or other charge for any non-profit corporation, association, or organization in connection with a special events permit. The total amount of waivers for any particular event shall not exceed five thousand dollars ($5,000.00), unless approved by the city council. The committee's decision shall be final unless appealed by the permit applicant, the city manager, or any member of the city council to the city council.

(Ord. No. 94-12, § 1, 5-4-94)

The special events committee may temporarily close any portion of any street for a special event when, in the committee's opinion, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing.

(Ord. No. 94-12, § 2, 5-4-94)