Port Hueneme Municipal Code Part E Temporary Use Permits

A Temporary Use Permit shall be required for each of the activities enumerated in Section 5131 and all activities which are similar or related thereto, except those activities sponsored by the City or other public agency. Said activities, being temporary in nature, possess characteristics of such unique and special form as to make impractical their operation without specific approval, upon such conditions as may be deemed appropriate, in the manner hereinafter set forth in this Part.

No person shall sponsor, participate or engage in any of the following enumerated activities without first obtaining a Temporary Use Permit therefor issued by the License Officer:

(a) Circuses.

(b) Carnivals.

(c) Fairs.

(d) Temporary outdoor exhibits of equipment, goods or merchandise, except for the outdoor sale of Christmas trees conducted as an integral part of a business for which a valid license has been issued.

(e) Aircraft and helicopter landings and demonstrations, parachutist demonstrations.

(f) Public demonstrations or gatherings of more than twenty-five (25) people for commercial purposes.

(g) Motion picture or television production including cinematography, still photography, video taping, and other similar procedures. Newsgathering activities are exempt from the temporary use permit requirements.

The duration of permits for the activities enumerated in subparagraphs (a) through (g), inclusive, shall be limited to a period not to exceed seven (7) consecutive calendar days; except for the sale of Christmas trees, for which a permit is required hereunder, the duration of such permit shall not exceed sixty (60) days.

A filing and investigation fee of twenty-five ($25.00) shall be required with each application for a Temporary Use Permit. No such fee shall be required from an applicant who is exempt from the payment of business license taxes pursuant to this Code.

(a) Issuance. The License Officer shall, upon proper application, issue a Temporary Use Permit if he determines that the proposed activity can, and will, be conducted in a manner compatible with the preservation of the public peace, safety, health and general welfare, and will not be injurious or detrimental to property located in the immediate vicinity of the proposed location of the activity. The License Officer shall consult with any department head designated by the City Manager.

The License Officer shall have the power to impose reasonable conditions upon the issuance of such permits to ensure the preservation of the public peace, safety, health and general welfare, and to ensure that the activity will not be injurious or detrimental to property located in the immediate vicinity of the proposed location for the activity.

(b) Denial. The License Officer shall refuse to issue a permit if the activity would not be compatible with the preservation of the public peace, safety or general welfare, or if the same would be injurious or detrimental to properties adjacent to, or in the vicinity of, the proposed location of the activity.

(c) Suspension. The License Officer shall have the power to suspend, and shall suspend, any Temporary Use Permit if he finds that the permittee:

(1) Has violated any condition imposed upon the permit; or

(2) Has violated any provision of this Code; or

(3) Is, by the actual conduct of the activity, threatening the preservation of the public peace, safety, or general welfare, or unreasonably interfering with the use and enjoyment of other property in the immediate vicinity of the activity.

The License Officer shall give the permittee, written notice of such suspension. The suspension shall take effect immediately upon its service upon the permittee.

(d) Appeal. Any person aggrieved by any decision, determination or action taken by the License Officer in connection with a Temporary Use Permit shall have the right to appeal in the time and manner set forth in Article I, Chapter 4.