Ridgecrest Municipal Code § 14-103 Permit issuance

(a) Any person or organization desiring to conduct or sponsor a parade, athletic event, or other special event on city property, including streets, shall obtain a special event permit from the city manager.

(b) No person or organization shall sponsor or conduct a parade, athletic event or other special event under this article unless a special permit has been issued and the event is conducted in accordance with the permit. No person shall participate in such an event with the knowledge the event has not been issued the required permit.

(c) A special event permit is not required for:

(1) Funeral processions;

(2) Governmental agencies acting within the scope of their authority;

(3) Parades involving a total of 40 or fewer pedestrians marching or walking along a parade route if the participants march or walk on sidewalks and cross streets only at pedestrian crosswalks in units of 15 or less in accordance with traffic regulations and allowing vehicles to pass between each unit;

(4) Athletic events at city parks in compliance with park regulations.

(Code 1980, § 4-22.101; Ord. No. 96-05, § 2)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Applicant means any person or organization seeking a permit for an event governed by this article.

Athletic event means any event where persons collectively engage in a sport or physical exercise on a street, sidewalk, alley or right-of-way, which obstructs, delays or interferes with the normal flow of pedestrian or vehicular traffic.

Other special event means a street fair, art and craft show, carnival, gathering of over 40 people, or other events on a street, sidewalk, alley, park, parking lots or other property owned by the city, which obstructs, delays or interferes with the normal flow of pedestrians or vehicular traffic or other use of the property.

Parade means a march or procession of over 40 persons, animals, vehicles or a combination thereof, in a park, on a street, sidewalk, alley or other right-of-way which obstructs, delays or interferes with the normal flow of pedestrian or vehicular traffic or other use of the property.

Permittee means any person or organization issued a special events permit.

Special event means an athletic event, parade or other special event.

(Code 1980, § 4-22.102; Ord. No. 96-05, § 2)

(a) A person or organization desiring to sponsor an event shall file a verified application with the city clerk not less than 45 calendar days or more than 365 days before the proposed date of the event. The city manager may consider an application after the filing deadline if there is sufficient time to process and investigate the application, and obtain police services 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. The application fee shall be waived by the city manager for other than athletic events if the applicant demonstrates the event's purpose is First Amendment expression, and the fee is an unreasonable burden on First Amendment expression.

(c) The application shall provide the following pertinent information:

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

(2) If the event is sponsored by an organization, the name, address and telephone number of the organization, and head of the organization;

(3) The name, address, telephone number and facsimile number where available, of the person present and in charge on the day of the event;

(4) The nature and purpose of the event;

(5) Date and estimated starting and ending time;

(6) Location including boundaries;

(7) Estimated number of participants in the event;

(8) The type and estimated number of vehicles, animals and structures;

(9) Whether there will be water aid stations;

(10) Description of any sound-amplification equipment;

(11) Whether any food and beverages will be sold;

(12) Whether monitors will be employed;

(13) Parking requirements;

(14) The assembly point for the event;

(15) The time at which units of the parade or other event will begin to assemble;

(16) The route to be traveled;

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

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

(19) The number, types and size of floats;

(20) Material and maximum size of any signs or banners to be carried along the route;

(21) The disassembly point of the event;

(22) The time at which units of the parade or other event will complete disassembly;

(23) Whether portable sanitary facilities are necessary;

(24) Other pertinent information may be requested by the city manager and shall be obtained and submitted under the particular circumstances of the application, to determine whether to approve or conditionally approve a special event.

(Code 1980, § 4-22.103; Ord. No. 96-05, § 2)

(a) The city clerk shall record the time and date received and forward the application to the city manager, chief of police, public works director, fire chief and the county health department, if applicable, who shall review and provide a written report to the city manager within seven calendar days.

(b) The city manager shall approve, conditionally approve, or deny an application no later than 14 calendar days after receiving a complete application. The city clerk shall inform the applicant in writing of the grounds for action and the right of appeal.

(Code 1980, § 4-22.104; Ord. No. 96-05, § 2)

The city manager shall not issue a special event permit if the application and other pertinent information shows:

(1) Information contained in the application, or supplemental information requested from the applicant, is false in any material way;

(2) The applicant fails to provide additional information requested;

(3) The sole purpose of the event is advertising a product and the event is designed solely for private profit and not for First Amendment expression;

(4) An earlier special event permit application has been approved for the same time and place requested by the applicant, or so close in time and place as to cause undue traffic congestion and the police department is unable to provide police services for both events;

(5) 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 substantial traffic congestion;

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

(7) The size of the event will require diversions of so many police officers to prevent normal protection to the rest of the city, the permit shall not be denied if additional peace officers would be available to the city under state law and mutual aid agreements, and provided the permittee shall pay any additional cost; further, the permit shall not be denied because of the need to protect participants from the conduct of others;

(8) 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, and in a reasonable amount of time;

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

(10) The event shall 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.

(Code 1980, § 4-22.105; Ord. No. 96-05, § 2)

The city manager may condition the issuance of a special events permit by imposing reasonable requirements concerning the time, place and manner of the event. Such conditions shall not unreasonably restrict the right of free speech. Such conditions may include, but are not limited to:

(1) Alteration of the date, time, route or location of the event proposed by the applicant;

(2) Designation of the area of assembly and disbanding of the event along a route;

(3) Accommodation of pedestrian or vehicular traffic, including restricting the event to only a portion of a street traversed;

(4) Requiring use of traffic cones, barricades or lane change signs;

(5) Providing for first aid or sanitary facilities;

(6) Requiring use of event monitors;

(7) Giving notice of permit conditions to participants;

(8) Limiting 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;

(9) Compliance with animal protection ordinances and laws;

(10) Requiring use of garbage containers, cleanup, and restoration of city property;

(11) Restricting use of amplified sound;

(12) An application for a permit to conduct a block party may be conditioned on notice to and approval by 75 percent of the residents along the affected streets.

(Code 1980, § 4-22.106; Ord. No. 96-05, § 2)

(a) The permittee shall 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 name the city, its officers, employees, agents and volunteers as added insureds. The policy of insurance shall provide at least the following policy limits:

(1) $1,000,000.00 for each occurrence combined single limit bodily injury and property damage;

(2) The policy must also include an endorsement for products liability of not less than $500,000.00 if food or nonalcoholic beverages are served;

(3) The policy shall include an endorsement for liquor liability in an amount not less than $500,000.00 if alcoholic beverages are served at the event.

(b) The certificate of insurance with the endorsements shall be filed with the city manager at least ten days before the event.

(c) These insurance requirements shall be waived by the city manager for nonathletic events if the permittee verifies in writing the event's purpose is First Amendment expression, and cost of obtaining insurance is so financially burdensome as to constitute an unreasonable burden on First Amendment expression, or insurance coverage cannot be obtained. The statement shall include the name and address of one insurance agent or other source for insurance coverage contacted to determine insurance premium rates for insurance coverage. The city may, at its discretion, require the permittee to apply for insurance coverage for the event under a policy selected by the city. The permittee must provide any information necessary to qualify for the insurance coverage.

(Code 1980, § 4-22.107; Ord. No. 96-05, § 2)

(a) The city manager shall provide the applicant with a statement of the estimated cost of providing overtime personnel, police officers and public works employees for traffic control and security and materials required for the event. The permittee shall deposit the estimate prior to the issuance of the permit.

(b) The traffic control fees will be computed by determining the number of police officers, public works employees or other personnel required for security, traffic and crowd control in addition to those who would otherwise be on duty at that time, the number of hours the officers and employees will be on duty for the event, the city's full cost of providing officers on an hourly basis established by the police department fee schedule.

(c) If the actual cost for traffic control on the date of the event is less than the deposit, the permittee will be refunded the difference. If the actual cost for traffic control is more than the deposit, the difference shall be paid to the city within 30 days of the permittee's receipt of a statement of actual costs.

(d) Traffic control fees will be waived by the city manager for nonathletic events if the permittee verifies in writing the event's purpose is First Amendment expression, and the cost of traffic control fees is so financially burdensome as to constitute a reasonable burden on the First Amendment expression.

(Code 1980, § 4-22.109; Ord. No. 96-05, § 2)

(a) For an event involving horses or other large animals, the sale of food or beverages, erection of structures, or water aid stations, the permittee shall also deposit an amount established in a cleanup fee schedule adopted by a city council resolution.

(b) The cleanup shall be returned after the event if the area has been cleaned and restored to the same condition as existed prior to the event. If the property used for the event has not been properly cleaned or restored, the permittee shall pay the city's actual cost for cleanup and restoration, and the cleanup deposit shall be applied toward payment of the bill. The permittee may dispute the bill by appeal to the city manager within five days after receipt of the bill. Expended balance on deposit after completion of the work shall be refunded to the permittee.

(Code 1980, § 4-22.110; Ord. No. 96-05, § 2)

(a) The applicant may appeal the denial of a permit or permit condition to the city council. The applicant may also appeal the amount of fees, or cleanup deposits or a determination by the city that the applicant's insurance policy does not comply with the requirements of this article.

(b) A written notice of appeal shall be filed with the city clerk within five days after delivery of a notice of denial of permit condition. The notice of appeal shall set the grounds for the appeal.

(c) The city council shall hear the applicant or a designated representative, receive any relevant information and documents, and act on the appeal at its next regular meeting at least five calendar days after the appeal is filed. The decision of the city council is final.

(Code 1980, § 4-22.111; Ord. No. 96-05, § 2)

The city manager shall issue the permit when the application has been approved, and the applicant has agreed in writing to comply with the terms and conditions of the permit and a certificate of insurance has been obtained and submitted, as required. Immediately on the granting of the permit, the city clerk shall transmit a copy to the chief of police, public works director and fire chief.

(Code 1980, § 4-22.112; Ord. No. 96-05, § 2)

(a) The permit is void if the permittee fails to make the required deposits at least 72 hours before the event.

(b) The city manager may revoke the permit if any term or condition of the permit has been violated, or if, as a result of changed circumstances, any one or more of the grounds for denial specified in this article exists.

(c) Notice of revocation shall be delivered in writing to the permittee by personal service or by registered or certified mail. Appeal to the city council from any such revocation may be taken as specified above. 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.

(Code 1980, § 4-22.113; Ord. No. 96-05, § 2)

No person shall intentionally or maliciously interfere with, disrupt or disturb the lawful activities of any film company or production company pursuant to a valid permit issued by the city.

(Code 1980, § 4-22.114; Ord. No. 97-05, § 2)