Placerville Municipal Code Ch. 11 Outdoor Music Festivals; Large Outdoor Public Gatherings

The city council finds and declares that it is necessary for the protection of the health and welfare of the general public and the inhabitants of the city, that rules and regulations be established for the purpose of regulating outdoor music festivals or other large outdoor public gatherings within the city and that to ensure the public health and safety, proper sanitary, police, health and safety measures be provided to regulate outdoor music festivals or other large outdoor public gatherings. (Ord. 1001, 4-27-1971)

It shall be unlawful for any person, persons, corporations, organizations, landowner, tenant or lessee to allow, permit, encourage, organize, promote, conduct or advertise any entertainment, game, show, exhibition, activity, amusement, gathering or assembly of persons within the city, where there will be presented outdoor live or recorded musical entertainment, or any other outdoor gathering, assembly or rally which said person, persons, corporation, organization, landowner, tenant or lessee believes or has reason to believe will attract five hundred (500) or more persons, unless a valid city permit is first obtained for the conducting and operating of such said activities. A separate permit will be required for each said activity. (Ord. 1001, 4-27-1971)

Written application for a permit to conduct and operate such an outdoor activity shall be made to the city council. Said application shall be submitted sixty (60) days or more prior to the date upon which said activity is to be, or may be, held. Application for the permits herein provided shall be conditionally approved or denied within forty five (45) days after the application has been filed. Failure by the city council to act within said period shall constitute approval of the application. If the application for the permit is not approved and the permit is denied, the denial shall be in writing setting forth the reasons for the denial. The decision of the city council shall be final. With each application for a permit to conduct an outdoor music festival or other large outdoor public gathering, the applicant shall pay a five hundred dollar ($500.00) application fee which shall be refunded only in the event the application is denied. (Ord. 1001, 4-27-1971)

Whenever approval by a city government department, office or other agency is a condition for the issuance of a permit pursuant to application made therefor as set forth herein, the request to such department, office or other agency for such approval shall be made simultaneously with the filing of the application for the permit with the city council. Conditional approval or denial by said government department, office or agency shall be made within twenty five (25) days after request for permission has been filed with said government department, office or agency. Failure to act within said period by the government department, office or agency shall constitute its approval. (Ord. 1001, 4-27-1971)

When a physical facility is required or subject to approval hereunder, conditional approval may be granted upon the basis of specific plans and specifications proposed and submitted by the applicant for permit. Any and all facilities required under the terms of any permit issued shall be in existence and in place at the location for which the permit is granted, ten (10) days or more before the date when said event is scheduled to take place and shall be subject to inspection and approval of the agencies, departments or offices whose approval is required. Inspection of any and all facilities referred to herein shall be approved or disapproved at least five (5) days preceding the event. Failure by the department or agency to act as herein required shall constitute an approval. If the facilities fail to meet the standards set forth in the plans and specifications therefor which have been conditionally approved, such conditional approval shall be withdrawn and any and all permits granted subject to such approval shall be cancelled and withdrawn. (Ord. 1001, 4-27-1971)

An application for a permit and the required accompanying documents shall be in six (6) copies and shall show:

(A) The owner, exact location, legal description and area of the premises on which it is planned to conduct the activities.

(B) The owner, exact location, legal description and area of all lands to be used for parking or other uses incidental to the activity.

(C) The date or dates and the hours during which the event is to be conducted.

(D) An estimate of the minimum and maximum numbers of customers, spectators, participants and other persons expected to attend the event for each day it is conducted, together with detailed information supporting such estimate.

(E) A detailed explanation of the applicant's program, plans and ability to supply potable water and facilities, food supply and facilities, sanitation facilities (including, but not limited to, sewage, garbage and rubbish), medical and first aid facilities and services, vehicle parking space, vehicle access, on site traffic control, evacuation plans for sick or injured persons and to comply with all conditions and regulations set forth in this chapter and in proposed permit conditions.

(F) A description of all loudspeakers and sound equipment to be used and the intensity of the sound, in decibels, at the boundaries of the premises.

(G) If it is proposed or expected that customers, spectators or participants will remain overnight, the arrangements for illuminating the premises and for camping or similar facilities.

(H) Provisions for cleanup of the premises and removal of rubbish after the event has concluded.

(I) Such other information pertinent to the event as the city council or any officer of the city finds is reasonably necessary and required in order to determine whether or not the permit should be granted.

(J) The name, age, residence, mailing address and telephone number of the applicant, and applicant's legal nature, such as individual, partnership, corporation, etc. If the application is made by a partnership, the names and addresses of all partners both general and special shall be included. If the applicant is a corporation, the application shall be signed by the president and secretary thereof, and shall contain the names and addresses of all corporate officers and a certified copy of the articles of incorporation shall be attached to the application. If the application is by a joint venture, the names and addresses of each member of the joint venture shall be included.

(K) Financial statement sufficient to give assurance of the ability of the applicants to meet the conditions of the permit.

(L) A detailed explanation of the applicant's plan for policing the activity with particular emphasis on the control and prevention of illegal alcoholic and illegal drug consumption.

(M) A detailed explanation of the applicant's plans in the event more persons attempt to attend the event than is permitted by the particular permit involved.

(N) A consent to the entry at any time in the course of his duties of any peace officer, and any employee of the police department of the city, sheriff, health officer, and any other El Dorado County officer, and any city officer or employee, California highway patrol officer or state officer or employee, in the performance of his duties, including, but not limited to, inspection.

(O) The address of applicant within the state of California to which all notices and correspondence addressed to applicant shall be directed by the city. Any notice or correspondence addressed and mailed postage prepaid to said address shall be deemed received by applicant. (Ord. 1001, 4-27-1971)

At the time of filing an application for a permit for such activity or event with the required fee and the items required by section 6-11-6 of this chapter, the applicant, at the same time, also shall file:

(A) Six (6) copies of white background prints of a map drawn to scale showing:

1. The location of the property on which the event is planned to occur.

2. The location of all highways, streets, alleys, lots and parcels of land within one thousand feet (1,000') of the exterior boundaries of the proposed use.

3. The location of the parking area and of all other areas to be used for other uses incidental to the event.

4. All interior accessways.

5. Access to the property.

6. The location and detailed plans of all buildings and structures on the premises or to be erected, including the bandstand, stage or other facility for performance.

7. The location of all loudspeakers.

8. The location of all toilet, medical, washing, drinking and other facilities required by this chapter.

(B) A certified list as shown on the latest available assessment roll of the county of the names and addresses of all persons to whom all property is assessed within five hundred feet (500') of the exterior boundaries of the proposed use.

(C) An agreement in writing signed by all property owners permitting such use of the premises to be used for both the activity and for parking, or a document showing that the applicant is the owner thereof.

(D) The agreements or contracts which show what doctors, first aid attendants and ambulances will be available at the premises.

(E) An agreement approved as to form by the city attorney and signed by the applicant or applicants that, within seventy two (72) hours after the conclusion of the event, he or they will clean up the premises and remove all trash, debris, garbage and other waste from in and around the premises. Such agreement shall be secured by an undertaking in a total amount of not less than five thousand dollars ($5,000.00). Said undertaking shall be in the form of a surety bond written by a corporate bonding company authorized to do business in the state of California. Said undertaking shall be filed with the city clerk within seven (7) days after the city council grants the permit. The city clerk shall not issue the permit until said undertaking is filed with him in a form approved by the city attorney.

(F) An agreement in writing, approved as to form by the city attorney and signed by the applicant or applicants and by the owner or owners of the subject premises (including both the premises where the event will be held and where the parking therefor will be located) that they will reimburse all owners and occupants of property adjoining the subject premises for all damages of any kind to such owners or occupants or to their property caused by the applicant or applicants, owner or owners of the subject premises, or by any person attending the event, which damage would not have occurred had the event not been held; and said agreement shall also state that said applicant or applicants and said owner or owners of the subject premises (including both the premises where the event will be held and where the parking therefor will be located) agree to indemnify the city and its officers, agents and employees, against any and all loss, injury, damage, claim, liability and cause of action, of any and every nature whatsoever arising out of, or in any way connected with said event and shall indemnify against loss, injury, damage, claim, liability and cause of action, to both person and property. (Ord. 1001, 4-27-1971)

The undertaking or insurance policy required herein shall be for the benefit of the city and its officers, agents, and employees and for the benefit of all persons to whom the permittee or owner may become liable. (Ord. 1001, 4-27-1971)

The undertaking or policy of insurance shall be in such an amount that the total shall not be less than one hundred thousand dollars ($100,000.00). Said security shall be filed with the city clerk within seven (7) days after the city council grants the permit. The city clerk shall not issue the permit for said activity until said security is filed with him in a form approved by the city attorney. (Ord. 1001, 4-27-1971)

Upon receipt of a complete application, including accompanying documents and the application fee, the city clerk shall with due diligence transmit the same to the city council and the city clerk at that time shall request the city council to set a time and date for a public hearing. The city council shall set the application for a public hearing at a regular meeting of the city council, not more than thirty (30) days thereafter. The city clerk shall thereupon give not less than ten (10) days' written notice thereof to the applicant by mail, postage prepaid, to the address set forth in the application. The city clerk shall also give written notice of the hearing and copies of the application to the police chief, the county health officer, the director of public works, the city attorney and the planning director who shall investigate the matter and report in writing to the city council not later than the time set for the hearing, with appropriate recommendations concerning the activity. At said hearing the applicant shall have the right to testify and to present other evidence. The city clerk shall also serve notice of the time and place of such hearing by publishing once in a newspaper of general circulation published in the city of Placerville, county of El Dorado, state of California, at least ten (10) days before said hearing, and shall also, not less than ten (10) days before such hearing, send written notice by mail of the time and place of hearing to all persons whose names and addresses appear upon the latest available assessment roll of the county as owning property within five hundred feet (500') of the exterior boundaries of the proposed use. (Ord. 1001, 4-27-1971)

If the city council finds that the applicant has complied with or will comply with the requirements of this chapter, it shall grant the permit, providing however, that said permit shall be revoked at any time the applicant fails to meet the conditions of this chapter. The permit shall state the maximum number of persons allowed to attend the event. If the city council finds that the applicant has not complied with this chapter and ordinances of this city applicable thereto, then the permit shall be denied. (Ord. 1001, 4-27-1971)

(A) Drinking Water: The permittee shall provide a potable domestic water supply from a source approved by the health officer. Water shall not be dipped from a receptacle for drinking or cooking uses. All food concessions that handle other than packaged or bottled goods must be supplied with hot and cold running water under pressure and a means of disposing of wastewater.

If trucks are used to haul water into the site, they shall, prior to use, be cleaned and sterilized under the supervision of the county health department.

Water shall be provided for employees and spectators at the following rate per person per day: employees - thirty five (35) gallons; spectators - ten (10) gallons.

The approval of the county health officer of permittee's drinking water plans shall be a prerequisite to an issuance of a permit.

(B) Sanitary Facilities: Adequate toilet facilities for both sexes must be distributed throughout the grounds as follows: One water closet, chemical or sanitary privy unit, must be supplied for each two hundred fifty (250) persons.

Toilet facilities and accessories shall be maintained in a sanitary condition at all times and shall be cleaned at least twice each day.

Wastewater and sewage originating on the grounds must be disposed of by a system approved by the health officer.

The approval by the health officer of permittee's sanitary facilities plans shall be a prerequisite for the issuance of a permit. (Ord. 1001, 4-27-1971)

The permittee shall have on the premises, or contiguous thereto, automobile storage spaces equal to one-fourth (1/4) of the number of persons which the permit allows to attend the event unless the planning director finds that a smaller number is sufficient in which case the permittee may provide such lesser number. At all times between one hour before the beginning of the event and one hour after its termination, the permittee shall provide a sufficient number of parking attendants at all entrances, exits and within the parking lots. The approval by the planning director of the permittee's parking plans shall be a prerequisite to the issuance of a permit. (Ord. 1001, 4-27-1971)

The permittee shall demonstrate to the satisfaction of the health officer that the permittee has an adequate plan for the proper storage, collection and disposal of garbage, trash and refuse. All solid waste material shall be disposed of by the sanitary landfill method, and the event area and parking shall be returned to a litter free condition within seventy two (72) hours after the event is concluded, all to the satisfaction of the health officer. Every licensee shall be required to furnish at least one trash can with at least thirty two (32) gallons capacity for every twenty five (25) persons expected to be in attendance. Proof that the requisite quantity of trash and refuse receptacles will be available must be made to the health officer. The approval by the health officer of permittee's solid waste disposal plans is a prerequisite to the issuance of a permit. (Ord. 1001, 4-27-1971)

The permittee shall operate the event only on those days and during the hours specified on the permit. (Ord. 1001, 4-27-1971)

Admission shall be by ticket only. The permittee shall not admit and shall prevent the entrance of any person who does not possess a ticket to the event, except a peace officer or other city or county public officer or employee or agent thereof. The permittee shall not sell, give, or distribute a greater number of tickets than the number which the permit allows to attend. (Ord. 1001, 4-27-1971)

A person shall not advertise or announce by any means or medium, including, but not confined to, pamphlets, handbills, newspapers, radio and television, the holding of such an event prior to the granting of a permit. (Ord. 1001, 4-27-1971)

The permittee shall be required to provide food and drink service facilities to adequately feed the number of persons allowed by permit. In selling, preparing, delivering or serving food or beverage, or both, all persons shall comply with the California restaurant act, chapter 11, beginning with section 28590 of division 21 of the Health and Safety Code of the state of California, and also with the city of Placerville ordinance code, all to the satisfaction of the health officer. The approval of the health officer of permittee's food and beverage plans is a prerequisite to the issuance of a permit for an outdoor music festival or other large outdoor public gathering. (Ord. 1001, 4-27-1971)

The permittee shall be responsible for making adequate plans for medical coverage of performers, employees, participants, customers and spectators.

There shall be at least one physician per one thousand (1,000) persons available on site all the time during preparation and performance of the outdoor festival or other large outdoor public gathering. Adequate medical supply, including personnel and material for first aid and minor emergency surgery, shall be available on site. An adequately protected area shall be set aside for the purpose of medical care. An area suitable for recovery from reaction to drug abuse shall be available. The permittee shall furnish one ambulance per each one thousand (1,000) persons at said event.

The permittee's plans for the above medical preparedness shall be subject to the approval by the county health officer and such approval is a prerequisite to the issuance of a permit. (Ord. 1001, 4-27-1971)

Every permittee planning an event after dark, or planning to allow persons who attend the public amusement to remain on the premises after dark, shall provide electrical illumination to ensure that those areas which are occupied are lighted at all times. The planning director must approve an applicant's lighting plans as a prerequisite to issuance of a permit.

A permittee shall be required to illuminate specific areas on the premises in accordance with the following scale of lighting intensity:

(Ord. 1001, 4-27-1971)

Permittee shall comply with all applicable zoning regulations of the city. (Ord. 1001, 4-27-1971)

No permit granted under the provisions of this chapter shall be transferable to another location, another person or entity, or another set of dates. (Ord. 1001, 4-27-1971)

Prior to doing any construction, excavation, grading or encroachment required for said event, the permittee or applicant shall obtain from the city all necessary permits therefor. (Ord. 1001, 4-27-1971)

Every permittee of an event which will last more than one day or at which persons will remain overnight on the premises, shall provide camping facilities and overnight areas. Plans for such must be approved by the health officer and comply with division 5, title 25, of the California Administrative Code, "incidental camp areas". (Ord. 1001, 4-27-1971)

A person who allows, permits, encourages, organizes, promotes, conducts or advertises any entertainment, game show, exhibition, activity, amusement, gathering or assembly of persons within the corporate limits of the city where there is presented outdoor live or recorded musical entertainment in violation of this chapter, is guilty of a misdemeanor.

Provisions of this chapter shall not apply to any events conducted and supervised or cosponsored by any public school or other governmental body. (Ord. 1001, 4-27-1971)

It has come to the attention of the city council that there is a proposed music festival to be held within the next thirty (30) days in the city. There is at present no ordinance regulating this type of activity. Without an ordinance regulating music festivals and large outdoor public gatherings, there is no adequate safeguard that proper sanitary facilities will be available or that proper precautionary measures can be taken to care for crowd control, police and fire protection, and that sufficient money or surety bond be available to compensate any property owner for possible property damage. For the above reasons, this chapter is necessary for the public health, safety and welfare, and is therefore declared to be an urgency ordinance. (Ord. 1001, 4-27-1971)