Portola Municipal Code Ch. 9.33 Special Events

Footnotes:

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Editor's note— Ord. No. 352, § 1, adopted Nov. 28, 2018, amended Ch. 9.33 in its entirety to read as herein set out. Former Ch. 9.33, §§ 9.33.010—9.33.130, was entitled "Festivals," and derived from Ord. 281 (part), 1999.

For the purposes of this chapter, the following terms are defined in this section:

"Applicant" means any person or organization seeking a permit for a special event.

"Permit" is written authorization issued by the City of Portola authorizing the special event and any conditions relating to the special event.

"Permittee" means any person or organization issued an administrative permit for a special event.

"Special event" shall mean any activity on public or private property that, due to the anticipated number of attendees or the nature of the event, is not compatible with the generally intended use of the property for which it is proposed and is characterized by any of the following:

1. Requires additional city services, such as law enforcement, fire, emergency medical, toilet facilities, traffic control, the availability of potable water, or other city services to protect the health, safety, and welfare of participants, neighbors, or other persons likely to be affected by the event and to ensure compliance with state or local laws;

2. Involves use of city-owned or managed property such as public streets, sidewalks, parks, parking lots, or other city-owned or managed open spaces;

3. Involves the closure, or partial closure, of any public right-of-way, or requires traffic control procedures necessitating the involvement of law enforcement or street maintenance personnel;

4. Impairs emergency vehicle access or requires the attendance of emergency personnel at the event; or

5. Results in impacts to adjacent public or private property because of, for example, the use of live or amplified entertainment or the anticipated impacts on parking. Uses that are already permitted under the zoning ordinance, such as nightclubs, banquet facilities and assembly halls, are not included in the definition of special event, unless the impact of an event is greater than the impact anticipated under the permitted zoning.

Examples of special events include, but are not limited to, the following: festival, parade, dance, carnival, music festival, block party, animal show, athletic event, motor vehicle display, antique show, bike race, program operated by youth or school event, recreation event, sporting event, scouting activity, or similar activity.

Overnight camping may be permitted when the camping event is sponsored by the city.

(Ord. No. 352, § 1, 11-28-2018)

No person or organization shall organize, conduct, or implement a special event without first being issued an administrative permit by the City of Portola for the special event.

(Ord. No. 352, § 1, 11-28-2018)

The following are not considered special events:

A. Special events conducted by schools, churches or similar organizations on school, church or similar organization's property;

B. Temporary sales conducted by businesses, such as holiday sales, grand opening sales or anniversary sales when conducted entirely upon or within the business' existing location;

C. Garage and rummage sales on private property;

D. Lawful picketing on sidewalks;

E. Private gatherings of less than sixty persons, held at a city-owned or managed facility for a meeting, ceremony, celebration, picnic, or similar event;

F. Funeral processions; or

G. Other events and activities which do not meet the definition of special event set forth in Section 9.33.010.

A. The city manager may grant an exemption from any provision of this title, including but not limited to, an exemption from the permit or fee provisions, for a special event which:

1

The city manager reasonably believes should be granted exemption due to hardship or other good cause; or

2. Is held in a facility which is customarily lawfully used for large groups (for example: such facilities may include but need not be limited to the city park, baseball fields, etc.); and which

3. Facility has permanently installed water, sanitation, access and parking facilities adequate to accommodate the number of people in attendance (if such permanent facilities are not adequate [by law] for the maximum proposed attendance, then a permit shall be required for any such special event);

4. The city manager may grant the exemption subject to conditions including, but not limited to, traffic control and security provisions.

B. To obtain an exemption, at least thirty days prior to the special event, the applicant shall submit a completed application and the reason for the exemption in writing to the city manager.

(Ord. No. 352, § 1, 11-28-2018)

A. Any person or organization wishing to organize, conduct, or implement a special event must file a written application for an administrative permit with the City of Portola at least thirty days prior to the special event, unless authorized by the city manager or his or her designee. The city manager or his or her designee may consider an application after the filing deadline if there is sufficient time to process and investigate the application, and the applicant shows good cause for not filing by the deadline.

B. The application shall be accompanied by a nonrefundable application fee in the amount set from time to time by city council resolution. No applicant shall be required to pay the application fee if the activity proposed for the special event is protected by the First Amendment to the United States Constitution and the applicant produces evidence that complying with the fee provision is impossible or so financially burdensome that it would preclude the proposed special event from occurring.

C. The application shall be in the form specified by the city and shall include, at a minimum:

1. The applicant's or contact person's name, phone number, and address; including phone numbers and contact information by which the responsible individual can be reached during the operation of the event. If the special event will be conducted for, on behalf of, or by an organization(s), the name, address, telephone number of the authorized head of such organization and the names and addresses of the executive officers of such organization;

2. The name, address, telephone number and signature of the property owner(s) on whose property the event will be conducted, unless the property is owned by the city;

3. The name, address and telephone number of all persons who are or will be responsible for the promotion and conduct of the special event, including an effective means by which to reach them during the event, such as cell phone, and likely location of each responsible person during the special event;

4. A full and complete narrative including a description of the activities included in the special event, the location of the special event, and the prime purpose of the special event;

5. The plans and location of any structure to be erected or employed in connection with the special event, if applicable;

6. A site plan depicting the boundaries of the event site, the location of event features (such as booths, stages, restrooms, food and beverage areas, waste facilities, electrical power and water facilities) required for the special event and parking areas to be used for the event;

7. An estimated number of people who are expected to attend the special event. This number may be limited by feasible capacity of the special event location;

8. The date(s) of the event, including assembly and disassembly involving the use of public property;

9. The estimated times that the special event will start and terminate, including assembly and disassembly involving the use of public property;

10. For special events occurring in the public right-of-way, the locations of the assembly and dispersal areas, the maximum length of the use of the public right-of-way at any given time, and whether the special event will occupy all or only a portion of the public rights-of-way proposed to be traveled upon;

11. The number and kind of vehicles, animals, tents, structures, stages, musical instruments, sound units, and any other equipment, including equipment that produces sound or noise during the special event and whether amplified sound is proposed to be used. In the event the applicant seeks a temporary food permit, a temporary liquor license or a temporary structure permit, the application should be accompanied by copies of the applications for such permits or licenses;

12. A description of arrangements that have been made for first aid, or emergency medical services, or both, if applicable;

13. A description of arrangements that have been made for security, including the name and telephone number of the lead contact person for the security contractor, if applicable;

14. Insurance information and documentation, if required;

15. An agreement to comply with the city's facility use policy; and

16. Such other information as the city may reasonably require to determine whether the application and proposed use meet all of the requirements of the permit and ensure the health, safety and welfare of the public.

(Ord. No. 352, § 1, 11-28-2018)

A. After receiving the application for the administrative permit, the city manager shall refer the application to applicable city departments for review, and schedule a meeting of city staff and the applicant, if needed, to discuss the event and appropriate conditions for issuing the permit. After review, the city may impose conditions when issuing the permit to protect the health, safety and welfare of the public.

B. The city manager shall issue a permit for a special event unless he or she determines that one or more of the following conditions exist:

1. The application is incomplete for failure to provide the information required by Section 9.33.050;

2. The applicant has not tendered the required application fee or insurance certificate and endorsement(s), unless such tender has been waived as set forth in this chapter;

3. The information contained in the application, including supplemental information provided, if any, is found to be false in any material respect, the purpose of the event is contrary to law, and/or the applicant has failed to meet the city requirements for a permit;

4. An administrative permit has been issued and/or a prior application for a special event has been received for an event to be held at the same time and place;

5. The special event will unduly interfere with vehicular ingress to, egress from, or travel on a freeway, state designated highway, or major arterial collector street of the city;

6. The special event will unreasonably interfere with fire or law enforcement services, including presenting a substantial traffic or safety hazard;

7. Event sizes or durations will require diversion of so great an amount of city safety services, it would divert an undue amount of resources from other city needs, particularly of safety services to other areas of the city;

8. The security arrangements that have been made are inadequate;

9. The special event is deemed to have adverse impacts to a residential area;

10. If the special event is proposed to be held on public property, the proposed special event would conflict with a previously scheduled and planned event or activity organized by the city for the same time and place as the proposed special event;

11. The applicant, or person named in the application, or the organization on whose behalf the application is submitted has, on prior occasions, damaged city property and has not paid in full for such damages, or has other outstanding and unpaid debts to the city;

12. The applicant is legally incompetent to contract or to sue and be sued; or

13. The applicant fails or refuses to comply with any permitting requirements or conditions of approval.

C. The applicant shall be notified in writing of the action by the city manager with respect to the application as early as possible but no less than ten working days prior to the date of the proposed special event, unless the application was made late, in which case notification shall be given as soon as reasonably possible and by any reasonable means.

D. Nothing herein authorizes the denial of a permit because of the need to protect participants from the conduct of others, if reasonable permit conditions can be imposed to allow adequate protection with the number of law enforcement officers available to enforce the special event.

E. If the permit is denied, or approved with conditions, the written notice shall set forth reasons explaining the denial or the imposition of conditions.

F. If a permit is denied pursuant to the criteria set forth in this chapter because the proposed time or assembly and dispersal sites are unacceptable, the denial shall contain a statement of alternative acceptable times and sites.

(Ord. No. 352, § 1, 11-28-2018)

A. 1.

Indemnification. The permittee shall indemnify and hold harmless the City of Portola, its officers, agents, employees and volunteers from any and all claims, causes of action, penalties, losses, expenses (including reasonable attorneys' fees) and any other liability for injuries or damage to persons or property resulting from the special event which were caused by the omissions or authorized acts of the permittee's officers, agents or employees.

2. City Reimbursed for Damages. If the city incurs any costs as a result of the applicant's failure to comply with any provisions of this chapter, or if city property is destroyed or damaged by reason of a special event, the permittee shall reimburse the city for its actual costs, including the actual replacement or repair cost of the destroyed property and reasonable attorney's fees incurred by the city to collect the debt.

3. The applicant and/or permittee shall agree to comply with the city's facility use policy.

B. Insurance.

1. Unless an exemption has been approved pursuant to Section 9.33.040, applicant must procure and maintain liability insurance to protect against any loss on account of bodily injury and property damage arising from the event. Such insurance shall include a policy endorsement providing proof of the following:

a. Coverage of at least one million dollars for each occurrence combined single limit bodily injury and property damage;

b. The City of Portola, its officers, agents, employees and volunteers are expressly included as additional insureds under the policy;

c. Coverage for the dates and location of the event.

2. All insurance documents shall be filed with the city clerk at least five days before the event. If the applicant is unable to obtain insurance or does not provide the city with the certificate of insurance or endorsement, the city manager may obtain such insurance, including the additional insured endorsement, on behalf of the permit applicant and charge the permit applicant for the cost or deny the permit application.

3. No applicant shall be required to comply with the insurance requirements of this section if the activity proposed for the special event is protected by the First Amendment to the United States Constitution and the applicant produces evidence that complying with the insurance provision is impossible or so financially burdensome that it would preclude the proposed special event from occurring.

(Ord. No. 352, § 1, 11-28-2018)

The authority assigned to the city manager shall be exercised by the city manager personally, or his or her designee.

(Ord. No. 352, § 1, 11-28-2018)

Each and every special event held shall require a separate permit. A single administrative permit shall be valid for the duration of the event.

(Ord. No. 352, § 1, 11-28-2018)

A. The city manager shall have the right to revoke any permit or permits issued pursuant to this chapter after a hearing following oral or written notice to the permittee prior to such hearing, for any of the following causes:

1. The permittee' s failure and/or refusal to fulfill any of the conditions imposed upon the granting of a permit;

2. The permittee allows the outdoor festival to be conducted in a disorderly manner;

3. The permittee violates or attempts to violate any law of the state or provision of this chapter or any other ordinance of the city;

4. The permittee has previously made a false, misleading or fraudulent statement of material fact in the application for permit, or in any other document required pursuant to this chapter.

B. The finding that a permittee has violated such provisions shall be deemed to constitute just cause for revoking any other permits for future concerts by that permittee.

C. Written notice of such revocation shall be sent by the city manager to the permittee at the address given in the application or personally delivered. Such revocation shall become effective immediately after ordered by the city manager.

D. The city manager may suspend operation and close any outdoor festival prior to the expiration of the permit granted under the provisions of this chapter in the event of the occurrence of a riot, major disorder or serious breach of the peace when in his opinion it becomes necessary to prevent injury to person or persons and/or damage to property.

(Ord. No. 352, § 1, 11-28-2018)

No permit granted under the provisions of this chapter shall be transferable or removable to another location.

(Ord. No. 352, § 1, 11-28-2018)

A. Any violation of this chapter shall be a misdemeanor, punishable by a fine of not more than one hundred dollars, or by imprisonment for not more than six months, or by both such fine and imprisonment. A separate offense shall be deemed to have been committed for each day that such violation continues.

B. In addition to the criminal penalties provided for herein, the city manager may affix and levy a civil penalty in a sum of five thousand dollars per day for each day that a violation exists.

(Ord. No. 352, § 1, 11-28-2018)

The applicant may appeal to the city council upon the city manager's denial of a permit or the issuance of a permit with conditions by filing a notice of appeal with the city clerk. This appeal shall be filed in accordance with the city's appeal procedures. The city clerk shall schedule an appeal hearing before the city council at its next available regular meeting. The appeal shall not be valid and shall not be processed unless accompanied by an appeal fee as established by the city council. Upon scheduling the hearing, the city clerk shall promptly notify all affected agencies of the hearing date. At the hearing, the city council may uphold, modify or overturn the action of the city manager; provided, however, that in taking such action the council finds that the public health, safety and welfare has been adequately protected.

(Ord. No. 352, § 1, 11-28-2018)

In addition to any other applicable provision of law, except as may be expressly authorized by the permit, it is unlawful for any person to engage in any of the following conduct at any event for which a permit has been issued pursuant to this chapter and that is located on or partially on public or city property or is open to the public:

A. Any conduct that substantially prevents any other person from viewing, hearing or meaningfully participating in the event.

B. Any conduct that substantially interferes with the free passage of event participants or attendees by creating an obstacle at any entrance, aisle, walkway, stairwell, ramp, esplanade, vendor booth, ride or other area commonly used for public access, egress or ingress.

C. Using any facility, structure, fixture, improvement or other thing within the area covered by the permit in a manner contrary to or inconsistent with its intended, designated or safe use.

D. Lighting any fire unless expressly authorized in a permit.

E. Any sexual conduct, including, but not limited to, any physical manipulation or touching of a person's sexual organs through, over or under a person's clothing or direct skin contact in an act of apparent sexual stimulation or gratification, regardless of the person's subjective intent.

F. Operating any bicycle, in-line skates, roller blades or other human-powered form of accelerated propulsion, except in such places as the permittee may provide or allow for such activities.

G. Entering an area covered by the permit without consenting to an inspection of personal belongings for the purpose of preventing the introduction of prohibited items into the event. For purposes of this section, "personal belongings" includes backpacks, duffel bags, sleeping bags, purses, coolers, bulky apparel items and other personal items large enough to conceal or contain prohibited items.

H. Bringing into or possessing within the area covered by the permit any prohibited item. For purposes of this chapter, "prohibited item" includes any fireworks, laser light, laser pointer, sound amplifying, producing or reproducing or audio or video recording equipment (except as authorized by the permittee), glass bottles or containers, alcoholic beverages (except as provided by the permittee in accordance with the permit), furniture or fixtures (except as authorized by the permittee), anything specifically designed for and presently capable of causing, or carried with the intent to threaten or cause, bodily harm to another (except for concealed handguns lawfully carried by persons in accordance with valid concealed handgun permits), and any item whose possession violates any other applicable provision of law.

I. Entering into or remaining in any area covered by any permit for any event that is not open to the public without the consent of the permittee, or entry into or remaining in any area covered by any permit for any event that is open to the public only upon the payment of an entry fee or charge, without first paying the applicable entry fee or charge.

J. Selling, vending, or soliciting in any area covered by a permit, except in such places as the permittee may provide or allow for such activities as specified in the permit.

(Ord. No. 352, § 1, 11-28-2018)