Chapter 8.02 — SPECIAL EVENTS

The following definitions shall govern the construction of this chapter:

A.

"Applicant" means any person or organization which seeks a special event permit to conduct or sponsor an event governed by this chapter. An applicant must be eighteen years of age or older.

B.

"Athletic event" means an occasion in which a group of persons collectively engage in a sport or form of physical exercise on a city street, sidewalk, alley or other street right-of-way, which obstructs, delays or interferes with the normal flow of pedestrian or vehicular traffic, or does not comply with traffic laws and controls. Athletic events include bicycle and foot races.

C.

"Block party" means a festive gathering on a residential street requiring the closure of a street, or a portion thereof to vehicular traffic, and use of the street for the event, including barbecues, picnics, music or games.

D.

"Other special event" includes street fair, art and crafts show, carnival, block party, soap box derby, rally and other special events which occur on a city street, sidewalk, alley or other street right-of-way, which obstructs, delays or interferes with the normal flow of pedestrian or vehicular traffic, or does not comply with traffic laws and controls, and special events held in city parks.

E.

"Parade" means a march or procession consisting of persons, animals or vehicles, or combination thereof, on any city street, sidewalk, alley or other street right-of-way, which obstructs, delays or interferes with the normal flow of pedestrian or vehicular traffic, or does not comply with traffic laws or controls.

F.

"Permit application fee" means the fee to be paid by the special event permit applicant at the time the application is filed with the city manager. A fee schedule shall be set by the city council and shall cover the actual costs of processing and investigating special event applications and administering the special event permit program.

G.

"Permittee" means any person or organization who has been issued a special event permit by the city.

H.

"Person" means and includes any individual, firm, partnership, association, corporation, company or organization of any kind.

I.

"Right-of-way" means the dedicated portion of any street or road within the city.

J.

"Special event" means a parade, athletic event, festival, concert, theatrical production, circus or revival meeting exclusively utilizing most or all of the area in a city park or recreation area.

(Ord. 98-04 §1(part), 1998).

Any person desiring to conduct or sponsor a parade, athletic event or other special event in the city shall first obtain a special event permit from the city manager. A special event permit is not required for the following:

A.

Parades, athletic events or special events for which the city has previously issued a permit for the exclusive use of city parks or facilities;

B.

Funeral processions;

C.

Governmental agencies acting within the scope of their authorized function; or

D.

Parades involving a total of forty or fewer pedestrians marching along a parade route, restricted to marching on sidewalks, and crossing streets only at pedestrian crosswalks in accordance with traffic regulations and controls. Pedestrians participating in the parade shall cross crosswalks in units of fifteen or less, and shall allow vehicles to pass between each unit.

(Ord. 98-04 §1(part), 1998).

A.

A person desiring to sponsor a parade, athletic event or other special event not exempted by Section 8.02.020, shall apply for a special event permit by filing a verified application with the city manager. The application should be filed not less than twenty-two calendar days nor more than three hundred sixty-five calendar days before the event date.

B.

Upon a showing of good cause, the city manager shall consider an application which is filed after the filing deadline if there is sufficient time to process and investigate the application, and obtain police and other city services for the event. Good cause may be demonstrated by showing that the circumstances which gave rise to the permit application did not reasonably allow the participants to file within the time prescribed.

C.

The application for a permit shall be accompanied by a nonrefundable application fee in the amount set by city council resolution. The nonrefundable application fee shall be waived by the city manager for nonathletic events if the applicant or an officer of the sponsoring organization signs a verified statement that the event's primary purpose is first amendment expression, and that such fee is or may be so financially burdensome that it would constitute an unreasonable burden on the right of free speech.

(Ord. 98-04 §1(part), 1998).

The application for a special event permit shall provide the following information:

A.

All events:

The name, address, and telephone number of the applicant and an alternative contact person;

If the event is proposed to be sponsored by an organization, the name, address and telephone number of the organization, and the authorized head of the organization. If requested by the city manager, written authorization to apply for the special event permit by an officer of the organization;

The name, address and telephone number of the person who will be present and in charge of the event on the day of the event;

The nature/purpose of the event;

Date and estimated starting and ending times of the event;

The location of the event including its boundaries;

The estimated number of participants/attendees of the event;

The type and estimated number of vehicles, animals and structures which will be used at the event, and whether there will be water aid stations at the event;

A description of any sound-amplification equipment and the times during which such equipment will be used at the event;

Whether any food or beverages will be sold at the event;

The identity of any monitors to be employed at the event;

Parking requirements for the event;

Whether any other city services will be required for the event, including trash removal, restrooms, fencing, and lighting; and

The method of clean-up after the event.

B.

Additional information required for parades, races and other activities occurring along a route:

The assembly point for the event, and the time at which units of the event will begin to assemble;

The route to be traveled;

Whether the parade or other event will occupy all or only a portion of the streets proposed to be traversed;

The intervals of space to be maintained between units of a parade or other event;

The number, types and size of floats;

The material and maximum size of any signs or banners to be carried along the route;

The disassembly point for the event, and the time at which units of the event will complete disassembly.

C.

Supplemental Information. Any supplemental information which the city manager shall find reasonably necessary, under the particular circumstances of the special event application, to determine whether to approve or conditionally approve a special event permit pursuant to Sections 8.02.060 and 8.02.070, shall be provided.

(Ord. 98-04 §1(part), 1998).

The city manager shall approve, conditionally approve or deny an application for the grounds specified in Section 8.02.060. Such action shall be taken no later than thirty calendar days after the city manager received the completed application. In the event of special circumstances, as determined by the city manager, the time limits for determination may be reasonably extended by the city manager. If the application is denied, or conditionally approved, the city manager shall inform the applicant of the grounds for denial in writing, or the reason for a change in the date, time, route or location of the event, and the right of appeal. The applicant shall be notified of any permit conditions at the time the application is approved, and of the right of appeal from the permit conditions. If the city manager refused to consider a late application under subsection B of Section 8.02.030, the city manager shall inform the applicant of the reason for the refusal, and of the right of appeal.

(Ord. 98-04 §1(part), 1998).

A.

The city manager shall approve an application for a special event permit unless he/she determines, from a consideration of the application or other pertinent information, that:

Information contained in the application, or supplemental information requested from the applicant, is false in any material detail;

The applicant failed to complete the application after having been notified of the additional information or documents required;

The primary purpose of the event is for private profit;

Another special event permit application has been received prior in time, or has already been approved, to hold another event at the time and place requested by the applicant or so close in time and/or place as to cause undue traffic congestion, or the police department is unable to meet the needs for police services for both events;

The time, route or size of the event will substantially interrupt the safe and orderly movement of traffic contiguous to the event site or route, or disrupt the use of a street at a time when it is usually subject to traffic congestion;

The concentration of persons, animals and vehicles at the site of the event, or the assembly and disbanding areas around the event, will prevent proper police, fire or ambulance services to areas contiguous to the event;

The size of the event will require diversion of so great a number of police officers of the city to insure that participants stay within the boundaries or route of the event, or to protect participants in the event, as to prevent normal protection to the rest of the city. Nothing herein authorizes denial of a permit when additional peace officers would be available to the city under applicable state law and mutual aid plans, if requested by the city in advance of the event. Nothing herein authorizes denial of a permit because of the need to protect participants from the conduct of others, if reasonable conditions can be imposed to allow for adequate protection of event participants with the number of police officers available to police the event;

The parade or other event moving along a route, will not move from its point of origin to its point of termination expeditiously and without unreasonable delays, or in a reasonable amount of time;

The location of the event will substantially interfere with any construction or maintenance work scheduled to take place upon or along the city streets or a previously granted encroachment permit; or

The event will occur at a time when a school is in session at a route or location adjacent to the school or class thereof, and the noise created by the activities of the event would substantially disrupt the educational activities of the school or class thereof;

The applicant or group on whose behalf the application was made, previously utilized or applied to utilize city facilities an excessive number of times, such that other city residents are likely to be prevented from having a reasonable opportunity to use such facilities.

B.

When the grounds for denial of an application for permit specified in subsections A4 through A11 of this section can be corrected by altering the date, time, duration, route or location of the event, the city manager shall, instead of denying the application, approve the application upon the applicant's written acceptance of conditions for permit issuance. The conditions imposed shall provide for only such modifications of the applicant's proposed event as are necessary to achieve compliance with subsections A4 through A11 of this section.

(Ord. 98-04 §1(part), 1998).

Where the primary purpose of a special event utilizing city facilities is for the private profit of the event organizer or sponsor, the city manager shall apply the following in addition to the other provisions of Chapter 8.02:

A.

The city shall be paid fifteen percent of the total gross revenues of the event.

B.

Not more than a total of five "for-profit" special events may be conducted annually using city facilities.

C.

Not more than two "for-profit" special events may be conducted in any single month.

D.

Such events shall be limited to the months of May through September.

E.

No such events shall be conducted Sunday through Thursday evenings after sunset, except holidays.

F.

The chief of police will have control of the sound amplification systems used during the event.

G.

Alcoholic beverage sales shall be conducted exclusively by Parlier based community service nonprofit corporations.

H.

The city manager will issue permits, subject to appeal to the city council, with due consideration for the impacts of such events on the residents of the city.

I.

No person shall be allowed more than two of the available dates for such events in a single year, unless no other party has been issued a for-profit special event permit for the remaining available dates by July 1st of that year.

(Ord. 98-04 §1(part), 1998).

The city manager may condition the issuance of a special event permit by imposing reasonable restrictions on the time, place and manner of conducting the event as are necessary or appropriate to protect persons and property and to control traffic; provided that such restrictions shall not unreasonably interfere with the right of free speech. Such conditions may include the following:

A.

Alteration of the date, time, route or location of the event;

B.

Conditions concerning the area of assembly and disbanding of parade or other events occurring along a route;

C.

Conditions concerning accommodation of pedestrian or vehicular traffic, including restricting the event to only a portion of a street;

D.

Requirements for the use of traffic cones or barricades;

E.

Requirements for provision of first aid and sanitary facilities;

F.

Requirements for use of event monitors and providing notice of permit conditions to event participants;

G.

Restrictions on the number and type of vehicles, animals or structures at the event, and inspection and approval of floats, structures and decorated vehicles for fire safety;

H.

Compliance with animal protection ordinances and laws;

I.

Requirements for use of garbage containers, cleanup, and restoration of city property;

J.

Restrictions on the time and use of amplified sound;

K.

Application for a special event permit for a block party may be conditioned on notice and approval by at least fifty percent of the residents on the affected street(s); and

L.

Compliance with any relevant ordinance or law and obtaining any legally required permit or license.

(Ord. 98-04 §1(part), 1998).

A.

The applicant may appeal the denial of a permit or the imposition of any permit conditions to the city council. The applicant may also appeal the amount of fees, or cleanup deposits imposed pursuant to Section 8.02.120 or 8.02.130, or a determination that the applicant's insurance coverage does not comply with the requirements specified in Section 8.02.090.

B.

Written notice of appeal shall be filed within five days after mailing or personal delivery of the notice of denial or imposing permit conditions. The notice shall state all grounds for the appeal. The notice of appeal must be filed no later than noon, one calendar week preceding the next city council meeting in order to be placed on the council's agenda for that meeting.

C.

The city council shall hear the applicant or his/her designated representative, receive any relevant information and documents, and act on the appeal. The decision of the council shall be final.

(Ord. 98-04 §1(part), 1998).

The city manager shall issue the special event permit after the application has been approved, the applicant has agreed in writing to comply with all of the terms and conditions of the permit, and the requirements of this ordinance respecting indemnification, insurance, police, traffic-control, fees, and cleanup deposits have been fully satisfied.

(Ord. 98-04 §1(part), 1998).

A.

Prior to the issuance of a special event permit, the applicant and an authorized officer of the sponsoring organization, if any, must sign an agreement and may be required to post a cash bond in an amount to be determined by the city manager, sufficient to reimburse the city for any costs incurred in repairing damage to city property as a result of the event, insofar as permitted by law. The agreement shall also provide that the permittee/sponsoring organization shall defend the city and indemnify and hold the city and its officers and employees harmless from any liability to any persons resulting from any damage or injury occurring in connection with the permitted event, insofar as permitted by law.

B.

The indemnification and cash bond requirements of this section shall be waived if the following conditions are satisfied:

The applicant or an officer of the sponsoring organization signs a verified statement that the primary purpose of the event is First Amendment expression, and that the cost of posting a bond or entering into an indemnification agreement is or may be so financially burdensome that it would constitute an unreasonable burden on the right of free speech, or that it has been impossible to obtain a bond. The statement shall include the name and address of at least one bonding agency contacted to determine the cost of a bond for indemnification purposes.

The city may, at its discretion, require the applicant/sponsor to apply for an indemnification bond for the event under terms selected by the city. The applicant/sponsor must provide any information pertinent to qualifying for the bond. In such event, the bond fee will be paid by the city.

(Ord. 98-04 §1(part), 1998).

A.

The applicant/sponsor of an event must possess or obtain public liability insurance to protect against liability for personal injury and property damage arising from the event. Such insurance shall name on the policy or by endorsement as additional insureds the city of Parlier, its officers, employees and agents. Insurance coverage must be maintained for the duration of the event. Coverage shall be a comprehensive general liability insurance policy. Minimum limits required:

One million dollars for each occurrence combined single limit bodily injury and property damage;

If food or nonalcoholic beverages are to be sold or served at the event, the policy must also include an endorsement for products liability in an amount not less than five hundred thousand dollars. If alcoholic beverages are to be sold or served at the event, the policy must also include an endorsement for liquor liability in an amount not less than five hundred thousand dollars.

B.

A copy of the policy or a certificate of insurance together with all necessary endorsements must be filed with the city manager no less than five days before the date of the event unless the city manager, for good cause, waives the filing deadline. The special event permit shall not be issued by the city manager until after the insurance policy or certificate of insurance, together with all necessary endorsements, have been filed with the city and approved by the city manager.

C.

The insurance requirements of subsections A and B of this section shall be waived where the applicant or an officer of the sponsoring organization signs a verified statement that the event's primary purpose is first amendment expression, and that the cost of obtaining insurance is so financially burdensome that it would constitute an unreasonable burden on the right of free speech, or that it has been impossible to obtain insurance coverage. The statement shall include the name and address of at least one insurance agent or other source for insurance coverage contacted to determine the cost of such insurance coverage.

D.

The city may, as its discretion, require the applicant/sponsor to apply for insurance coverage for the event under a policy selected by the city. The applicant/sponsor must provide any information pertinent to qualifying for the insurance coverage. In such event, the premium for the insurance coverage will be paid by the city.

(Ord. 98-04 §1(part), 1998).

A.

Fee Deposit. Upon approval of an application for a special event permit, the city manager shall provide the applicant with a statement of the estimated cost of providing overtime police officers and other city employees for traffic control at the event and the cost of any materials required. The applicant/sponsor of the event shall be required to prepay the traffic-control fees and expenses prior to issuance of a special event permit. Traffic control includes clearing the event route or site of unauthorized vehicles, diversion of traffic around the event, and directing pedestrian and vehicular traffic along the route of an event.

B.

Computing Traffic-Control Fees. The traffic-control fees will be computed by determining the number of police officers and other city employees who will be required for traffic control, the number of hours the officers and employees will be on duty for the event, and the city's full cost of providing officers on an hourly basis. In determining traffic-control fees, the city manager shall consider the applicant/sponsor's use of monitors for the event.

C.

Adjustments. If the actual cost for traffic control for the event is less than the estimated cost pursuant to subsection A of this section, the applicant/sponsor will promptly be refunded the difference by the city. If the actual cost for traffic control is more than the estimated cost pursuant to subsection A of this section, the difference shall become due and payable to the city upon the applicant's receipt of a statement of costs.

D.

Free-Speech Routes and Waiver of Fees. Traffic-control fees will be waived where the applicant/sponsor signs a verified statement that the event's primary purpose is first amendment expression, and that the cost of traffic-control fees is so financially burdensome that it would constitute an unreasonable burden on the right of free speech.

(Ord. 98-04 §1(part), 1998).

A.

The applicant/sponsor of an event involving the sale of food or beverages, erection of structures, horses or other large animals, or water aid stations, shall be required to provide a cleanup deposit prior to the issuance of a special event permit.

B.

The cleanup deposit shall be returned after the event, if the area used for the event has been cleaned and restored to the same condition as existed prior to the event.

C.

If the property used for the event has not been fully cleaned or restored, the applicant/sponsor shall be billed for the actual cost for cleanup and restoration, and the cleanup deposit, or a portion thereof, shall be

applied toward payment of the bill. If the applicant/sponsor disputes the bill, he/she may appeal to the city manager within five days after receipt of the bill. Should there be any unexpected balance on deposit after completion of the work, this balance shall be refunded to the applicant/sponsor. Should the amount of the bill exceed the cleanup deposit, the difference shall become due and payable to the city upon the applicant's receipt of the bill.

(Ord. 98-04 §1(part), 1998).

A.

Each permittee/sponsor of an event shall comply with all terms and conditions of the special event permit.

B.

Each permittee/sponsor of an event shall ensure that the person leading a parade or other event along a route, or the person in charge of any other event shall carry the special event permit on his/her person for the duration of the event.

C.

Each permittee/sponsor of an event shall ensure the area used for the permitted event is immediately cleaned and restored to the same condition as existed prior to the event.

(Ord. 98-04 §1(part), 1998).

It is unlawful for any person to sponsor or conduct a parade, athletic event or other special event requiring a special event permit under Section 8.02.080 unless a permit has been issued for the event. It is unlawful for any person to participate in a special event with the knowledge that the sponsor of the event has not been issued the required permit. It is unlawful for any person to interfere with or disrupt a lawful parade, athletic event, or other special event.

(Ord. 98-04 §1(part), 1998).

The special event permit authorizes the permittee/sponsor to conduct only such event as is described in the permit, and in accordance with the terms and conditions of the permit. It is unlawful for the permittee/sponsor to wilfully violate the terms and conditions of the permit, or for any event participant with knowledge thereof, to wilfully violate the terms and conditions of the permit.

(Ord. 98-04 §1(part), 1998).

The city manager may revoke a special event issued pursuant to this chapter if he/she finds that any term, condition, restriction or limitation of such permit has not been complied with, including the timely payment

of all required deposits; or if he/she finds that, as a result of changed circumstances, any one or more of the grounds for denial specified in Section 8.02.060 have been met. Notice of such action revoking a permit shall be delivered in writing to the permittee by personal service or by registered mail. Appeal to the city council from any such revocation may be taken as specified in Section 8.02.080. No permit shall be revoked, except in an emergency, without giving the permittee a reasonable opportunity to be heard and to present evidence as to why the permit should not be revoked.

(Ord. 98-04 §1(part), 1998).