Pomona Municipal Code § 46-563 Review procedures; waiver of fee

Every person who conducts, operates, manages, stages, or causes, permits or allows to be conducted, operated, managed or staged, in or at any exhibition, gathering, or lecture, which would require the exclusive temporary use of the public right-of-way or other public place in the city, shall first file an application for a special event permit as provided by the city with the community development director in the manner prescribed in this division and shall be issued a special event permit therefor prior to conducting the public exhibition, gathering, or lecture.

(Code 1959, § 24-1; Ord. No. 3649, § 1 (part); Ord. No. 3866, § 1; Ord. No. 4015, § 1, 11-1-2004)

(a) Any person or his duly authorized representative who applies for a special event permit to conduct, operate, manage or stage any public exhibition, public gathering, or lecture shall file, at least four weeks prior to the event, an application for a special event permit as provided by the city with the community development director, signed under penalty of perjury, and setting forth information which shall include, but not be limited to, the following:

(1) The name and address of the applicant.

(2) The name and address of his duly authorized representative, if any.

(3) A statement regarding the kind, type or nature of the exhibition, gathering, or lecture.

(4) The address of the last place, if any, where such event was held.

(5) The name, business address and description of the agency, benefit, or cause, if any, which is sponsoring or which will be the beneficiary therefrom.

(6) The percentage allotment of proceeds to such agency, benefit or cause.

(7) The name of the insurance carrier; the amount of personal and property liability, naming the city as an additional insured, carried together with the name of the nearest representative and his business address.

(8) The place where such event will be held.

(9) The date when such event is to be held.

(b) The applicant or his duly authorized representative shall provide adequate policing or security from a reputable private security firm which is in compliance with all state and federal regulations at his own expense and shall arrange with the chief of police for police officers or show proof that arrangements have been made for adequate security from a private security firm and that such arrangements will provide security at all times such event is being conducted. If police officers are contracted for by the applicant and can be provided, the applicant shall pay to the community development director, at the time of making application, an amount necessary to cover the expense of such policing, which amount shall be in accordance with the rate per police officer established by resolution of the city council. No permit shall be issued until after complete compliance with this subsection.

(Code 1959, § 24-3; Ord. No. 3649, § 1 (part); Ord. No. 3866, § 3 (part))

(a) An application for a permit to conduct, operate, manage or stage any exhibition, gathering, or lecture and accompanied by a certified check in an amount equal to the fixed permit fee shall be filed with the community development department. Such application shall be referred to the fire chief, police chief, director of public works, director of community development, director of community services and the human resources/risk management director for approval or disapproval. If a favorable report is returned by all departments, the community development director may then issue a permit as requested or with such conditions as may appropriately and reasonably be imposed to ensure the safety and security of the event. The provisions of section 46-564 shall establish the criteria for evaluating all applications.

(b) One copy of the application shall be kept on file in the community development department, and one copy shall be filed with the fire department, the police department and the human resources/risk management director.

(c) The fixed permit fee, along with insurance fees, use of public facilities fees, and other related fees, may be waived by the community development director, or by the community services director when an event is conducted in a city park, for indigent persons; bona fide incorporated religious institutions, churches, military and veteran organizations of the state or the United States; religious, state and local school systems; and Pomona-based nonprofit organizations that hold a valid designation under 26 USC 501(c)(3) or its successor.

(d) If such application or fee waiver is denied, the applicant shall be permitted to appeal the denial to the office of the city manager for final review by the city manager. The decision on appeal and review by the city manager shall be final.

(Code 1959, § 24-4; Ord. No. 3649, § 1 (part); Ord. No. 3866, § 3 (part); Ord. No. 4015, § 2, 11-1-2004)

(a) The community development director shall issue a special event permit, conditioned upon the applicant's written agreement to comply with the terms of the permit, unless he finds that:

(1) The time and the size of the special event will disrupt to an unreasonable extent the movement of other traffic or would substantially inconvenience the persons who would normally use the street;

(2) The special event is of a size or nature that requires the diversion of so great a number of police officers to properly police the line of movement and contiguous areas that allowing the special event would unreasonably impair the normal police protection of the city;

(3) The special event will interfere with another special event for which a permit has been issued;

(4) The conduct of the special event is likely to cause injury to persons or damage to property, provoke disorderly conduct or create a disturbance of the peace;

(5) The congregation of persons, animals and vehicles in the area will unreasonably interfere with proper fire and police protection of the city or will jeopardize the public safety or welfare;

(6) The special event will unduly interfere with the orderly operation of the parks, hospitals, churches, schools or other public or quasipublic institutions in the city;

(7) The applicant has knowingly made a materially false or misleading statement on the application; or

(8) The applicant refuses to comply with all conditions of the permit.

(b) In each permit the community development director shall specify, as conditions to the issuance of the permit, the following:

(1) The assembly area and time of special event.

(2) Starting and ending times.

(3) What portions of streets to be traversed may be occupied by the special event, if any.

(4) The number of persons required to monitor the special event.

(5) Requirements and instructions for removal of litter and debris created in connection with the special event.

(6) Such other requirements as are found by the community development director to be reasonably necessary for the protection of persons or property.

(Code 1959, § 24-5; Ord. No. 3649, § 1 (part); Ord. No. 3866, § 3 (part))

Any person or his duly authorized representative who files an application with the community development director for a permit to conduct, operate, manage, or stage any exhibition, gathering, or lecture and makes or causes, permits or allows to be made in the application any statement that is fallacious or any fallacious representation whatsoever regarding any of the facts as set forth in the application or any fallacious representation whatsoever regarding the nature of the event as a whole is guilty of a misdemeanor.

(Code 1959, § 24-7; Ord. No. 3649, § 1 (part); Ord. No. 3866, § 3 (part))

Any person having been issued a permit to conduct, operate, manage or stage any exhibition, gathering, or lecture who violates, causes, permits, or allows to be violated any section of this article or this Code or any other city ordinance or of any law of the state relating to or regulating any such business or if and when, in the discretion of the city, it is contrary to the public welfare, the community development director may, in addition to the other penalties provided, suspend or revoke such permit. No relief from a revocation may be obtained until a new application shall have been filed with the community development director in the prescribed manner as set forth in this division.

(Code 1959, § 24-6; Ord. No. 3649, § 1 (part))