Article 2 — General Provisions

• (a) No permit required. No outdoor gathering to be held within City's corporate limits which is reasonably expected to be attended by a total of 4,000 or more persons or by 1,000 or more persons at any one time during the course of the event shall be held unless a permit has first been obtained by the sponsor thereof.

• (b) Exemptions. Events to be held on City, County of Ventura or other governmental agency (including school or other special district) streets, rights-of-way, parks or other property for which a valid facility use or other permit or approval has been issued are exempt from the requirements of this chapter.

• (§ 1, Ord. 666, eff. October 26, 1989, as renumbered by § 2, Ord. 800, eff. August 8, 2008)

An application for a permit to hold an outdoor gathering shall be submitted to the Planning Director no less than 30 days prior to the event on a form provided for such purpose setting forth the following:

• (a) Location. The location and legal owner of the premises on which the outdoor gathering is to be held;

• (b) Number of people. The number of people applicant will admit to the outdoor gathering, his plans on how he intends to limit attendance to the outdoor gathering to such number and the date(s) and time period within which the outdoor gathering is to be held;

• (c) Facilities. Applicant's plans for facilities for the handicapped, where physically feasible, provisions for potable water, toilet facilities, solid waste disposal, and, if required by the Ventura County Health Department, emergency medical treatment;

• (d) Off-street parking. Applicant's plans for provision of off-street parking, including the location, the number of spaces and/or the dimensions of the parking area or areas, internal circulation pattern and provisions for handicapped parking;

• (e) Circulation. Applicant's plans for access to and from the outdoor gathering, including vehicular circulation along public streets and highways beginning at least one mile from the event and plans for pedestrian and vehicular ingress to and egress from the event, including service and emergency vehicles. Use of public transportation and park and ride facilities shall be encouraged;

• (f) Signs. A description of all signage to be used by applicant in connection with the outdoor gathering including the location, size, height, color and the like as provided in Chapter 6 of this title;

• (g) Lighting. Applicant's plans for illuminating the premises if any part of the outdoor gathering is to be held within one hour before sunset or after dark;

• (h) Sound equipment. A description of all sound amplification equipment which applicant plans to use and intensity in decibels at the property line of the premises upon which the outdoor gathering is to be held;

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City of Ojai, CA § 4-17.202

OJAI CODE

§ 4-17.206

• (i) Fire control. Applicant's plans for provision of fire code devices and services;

• (j) Applicant. The name of the person, firm or corporation which is sponsoring the outdoor gathering and has submitted and is applicant for the permit;

• (k) Address and telephone number. The location of the principal place of business and the telephone number of applicant;

• (l) Principal officers. The names and addresses of the principal officers of applicant;

• (m) Tax status. Whether applicant is a "for profit" or "not-for-profit" organization; and

• (n) Property owner. The name, address and telephone number of the owner of the property on which the outdoor gathering is to be held if different from applicant.

• (§ 1, Ord. 666, eff. October 26, 1989, as renumbered by § 2, Ord. 800, eff. August 8, 2008)

Applicant shall pay to City at the time that he files his application for permit an application fee in an amount determined by resolution of the City Council.

(§ 1, Ord. 666, eff. October 26, 1989, as renumbered by § 2, Ord. 800, eff. August 8, 2008)

Applicant shall furnish evidence that a public liability insurance policy in the amount of not less than one million dollars ($1,000,000.00) for any one accident and insurance for property damage in the amount of not less than $50,000 is in force and effect during all times for which the permit is issued.

(§ 1, Ord. 666, eff. October 26, 1989, as renumbered by § 2, Ord. 800, eff. August 8, 2008)

Applicant shall deposit with the Finance Director a cash bond in a sum of not less than $1,000 conditioned upon saving City harmless from any and all liabilities or causes of action which might arise by virtue of the granting of the permit and conditioned further that no damage will be done to the streets, sewers, trees or adjoining property and that no dirt, paper, litter or other debris will be permitted to remain upon city streets or upon any private property by those attending the outdoor gathering. The exact amount of such cash bond shall be determined by City; shall be in addition to and not in lieu of the insurance set forth in Section 4-17.204 hereinabove; and shall be returned to applicant upon certification by the Chief of Police and the Public Works Director that applicant has complied with all conditions of this chapter.

(§ 1, Ord. 666, eff. October 26, 1989, as renumbered by § 2, Ord. 800, eff. August 8, 2008)

A permit for an outdoor gathering shall be issued upon and subject to such reasonable terms and conditions as City deems appropriate; provided, however, that the City finds that the issuance of the permit, together with those outdoor gathering permits which have been previously issued and are pending issuance, will not cumulatively cause substantial detrimental health and safety effects on the community; and, provided further, that City finds that the provisions of this chapter are complied with or will be complied with by applicant, including, but not limited to, the following:

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City of Ojai, CA

PUBLIC WELFARE, MORALS, AND CONDUCT

§ 4-17.206

§ 4-17.206

• (a) Owner's consent. Applicant is the owner of said property on which the outdoor gathering is to be held or the owner of the property has consented to the use of the property for the outdoor gathering;

• (b) Security plans. The chief of police, or his or her designee, has approved applicant's plans to limit the outdoor gathering to the number of people set forth in the application, maintain order and assure compliance with all applicable laws and regulations, including, but not limited to, the provisions of this chapter and the conditions of the permit under which the outdoor gathering is held. The Chief of Police, or his or her designee, will make recommendations as to the necessary security which recommendations must be adhered to for security approval. The responsibility of the applicant's security plans security officers will be to limit attendance, maintain order and enforce all laws and regulations;

• (c) Sanitary facilities. The Ventura County Health Department and/or the Public Works Director has approved applicant's plans, including facilities for the handicapped where physically feasible, for provisions of potable water, toilet facilities, solid waste disposal and, if required, emergency medical treatment;

• (d) Off-street parking. The Public Works Director has approved applicant's plans for provision of parking spaces, including provision for spaces for the handicapped where physically feasible. The Public Works Director shall not approve applicant's parking plan unless it provides, at a minimum, either that sufficient parking spaces are provided for one of each four persons applicant will admit to the outdoor gathering or such other parking arrangements which are, in the opinion of the Public Works Director, equivalent to such minimum standard, safe access to and from such parking spaces and such parking spaces will be graded, marked and separated by a physical device from all pedestrians;

• (e) Circulation plan. The Public Works Director has approved applicant's plan for pedestrian and vehicular circulation both to and from the outdoor gathering. The Public Works Director shall not approve applicant's circulation plan unless he finds that the proposed circulation will not cause a threat to the health and safety of the citizens of City, will not constitute an undue burden on City's normal pedestrian and vehicular circulation or create undue delays and detours with respect thereto and that all permits from other agencies, including the California Department of Transportation, if required, have been obtained;

• (f) Lighting. The Public Works Director has approved applicant's plans for illuminating the premises upon which the outdoor gathering is to be held if any part of the outdoor gathering is expected to occur within one hour before sunset or after dark;

• (g) Sound equipment. The Planning Director has approved applicant's plans for any use of sound amplifying equipment. The Planning Director shall approve sound amplification plans that limit noise levels to no more than 60 Ldn or CNEL (db) at the property line of the premises upon which the outdoor gathering is to be held, if such premises is zoned or is lawfully used for residential purpose or abuts property zoned or lawfully used for residential purpose and no more than 70 Ldn or CNEL (db) at the property line of the premises upon which the outdoor gathering is to be held, if such premises is neither zoned nor used for residential purpose; provided, however, that the Planning Director shall not approve any sound amplification plans that call for the use of sound amplification equipment between the hours of 10:00 p.m. and 6:00 a.m.;

• (h) Fire protection. The Ventura County Fire Protection District has approved applicant's plans for provisions for fire control devices and services and plan(s) for vehicular and pedestrian

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City of Ojai, CA § 4-17.206

OJAI CODE

§ 4-17.206

ingress to and egress from the event, including service and emergency vehicles and has issued a Uniform Fire Code Permit with any other pertinent conditions as applicable; and

• (i) Compliance with conditions. Adequate assurances have been made by applicant that he will comply with all additional requirements, conditions and restrictions imposed by City as it deems necessary for the safety of persons and property.

• (§ 1, Ord. 666, eff. October 26, 1989, as renumbered by § 2, Ord. 800, eff. August 8, 2008)

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City of Ojai, CA

PUBLIC WELFARE, MORALS, AND CONDUCT

§ 4-17.301

§ 4-17.306

Article 3

Violations, Enforcement and Penalties

It shall be unlawful for any person to cause or permit an outdoor gathering without the issuance of a permit therefor.

(§ 1, Ord. 666, eff. October 26, 1989, as renumbered by § 2, Ord. 800, eff. August 8, 2008)

If City determines that an outdoor gathering is being held in violation of any of the provisions of the permit or this chapter, it may revoke the permit by written notice to applicant of such revocation.

(§ 1, Ord. 666, eff. October 26, 1989, as renumbered by § 2, Ord. 800, eff. August 8, 2008)

Any person, firm or corporation may appeal the issuance or revocation of a permit within 10 days after such issuance or revocation to the City Council for a hearing thereon and the decision of the City Council in this regard shall be final. If no appeal is taken within such 10 day period, the action of City in issuing or revoking the permit shall be final.

(§ 1, Ord. 666, eff. October 26, 1989, as renumbered by § 2, Ord. 800, eff. August 8, 2008)

With the consent of the owner of the property upon which the outdoor gathering is to be held or under an inspection warrant issued pursuant to the California Code of Civil Procedure, City or any of its deputies, assistants, employees or agents may enter, at all reasonable times, the property upon which the outdoor gathering is being conducted in order to ascertain compliance with the provisions of this chapter or any permit issued pursuant hereto.

(§ 1, Ord. 666, eff. October 26, 1989, as renumbered by § 2, Ord. 800, eff. August 8, 2008)

Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating any provision of this chapter or any permit issued pursuant hereto shall be guilty of an infraction or a misdemeanor at the discretion of City authorizes as provided in Title 1, Chapter 2, Section 1-2.03 of this Code and, upon conviction thereof, shall be subject to the penalties provided therein. Such person, firm or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this chapter or any permit issued pursuant hereto is committed, continued or permitted by such person, firm or corporation and shall be punishable as provided in this section.

(§ 1, Ord. 666, eff. October 26, 1989, as amended by § 5, Ord. 697, eff. June 25, 1993, as renumbered by § 2, Ord. 800, eff. August 8, 2008)

The remedies provided for in this chapter shall be cumulative and not exclusive. (§ 1, Ord. 666, eff. October 26, 1989, as renumbered by § 2, Ord. 800, eff. August 8, 2008)

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City of Ojai, CA

PUBLIC WELFARE, MORALS, AND CONDUCT

§ 4-18.101

§ 4-17.306

CHAPTER 18 GRAFFITI

Editor's note—Chapter 17, Graffiti, added by Ord. No. 695, repealed and replaced in its entirety by Ord. No. 701, effective November 26, 1993, renumbered to be Chapter 18 by Ord. No. 800, effective August 8, 2008.

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City of Ojai, CA

PUBLIC WELFARE, MORALS, AND CONDUCT

§ 4-18.101

§ 4-18.101