Article II — PARADES AND PUBLIC GATHERINGS

(A) The Board of Supervisors expressly finds that the gathering of large numbers of people for the purposes set forth below can create problems seriously affecting the public safety, health and welfare. The Board also finds that due to the size and nature of the unincorporated territory of the County of San Benito, there is a need for comprehensive regulations

governing parade and public gathering activities on both county and private property in order to avoid potential problems or mitigate any adverse potential impacts of parades or public gatherings. (B) It is the intent of the Board of Supervisors to adopt this chapter to mitigate potential problems without infringing upon the rights of speech and assembly as guaranteed under the state and federal constitutions. This chapter shall be interpreted in light of the constitutional provisions and applied consistent therewith. In no event shall the content of any proposed speech be considered as a basis for approval or denial of an application. (C) However, notwithstanding the above, the Board of Supervisors determines that a large parade or public gathering creates a substantial threat to the public health, safety and welfare of San Benito County residents because of the small size of the staff of the County of San Benito, the limited revenues of the county, and the limited means to increase revenues. The regulations herein are deemed a compelling need to address the circumstances stated herein. (1966 Code, § 14-10) (Ord. 688, § 1(part); Ord. 703, § 1(part)) Editor’s note: Prior ordinance history: Ords. 596, 669, 670 and 683.

For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. COUNTY’S ADMINISTRATIVE OFFICER. The San Benito County Administrative Officer or the designee thereof. COUNTY COUNSEL. The San Benito County Counsel or the County Counsel’s designee. COUNTY HEALTH OFFICER. The San Benito County Health Officer or the County Health Officer’s designee. COUNTY RESOURCES. Either financial resources, equipment or persons whether the persons be employees or independent contractors. COUNTY ROAD. (1) Any public road in the unincorporated area of the county which is designated as part of the county road system; (2) Any public road which the county is otherwise legally obligated to maintain; (3) Any public rights-of-way, easements, sidewalks or crosswalks appurtenant to the public roads specified herein; or (4) Any public alleys or thoroughfares which the county is legally obligated to maintain. DIRECTOR OF PUBLIC WORKS. The Director of Public Works of the County of San Benito or the Director’s designee. EVENT. A parade and/or public gathering. LEVEL 1 PARADE OR PUBLIC GATHERING. Those parades or public gatherings where not more than 1,500 persons are reasonably expected to be in attendance. LEVEL 2 PARADE OR PUBLIC GATHERING. Those parades or public gatherings consisting of more than 1,500 persons but not exceeding 5,000 persons reasonably expected to be in attendance. LEVEL 3 PARADE OR PUBLIC GATHERING. Those parades or public gatherings consisting of more than 5,000 persons but not exceeding 15,000 persons reasonably expected to be in attendance. LEVEL 4 PARADE OR PUBLIC GATHERING. Those parades or public gatherings where over 15,000 persons are reasonably expected to be in attendance. OPEN TO THE PUBLIC. An event which is not a private event. PARADE. Any parade, march, race or procession, other than a funeral procession, organized for public or private participation by 50 or more persons, which parade is held on a county road. PARADE ADMINISTRATOR. (1) The Sheriff of the County of San Benito. The Parade Administrator shall have the primary responsibility for the administration of the provisions of this chapter. In carrying out such responsibilities, the duties of the Parade Administrator shall include, but not be limited to, acting on all applications for a permit required by this chapter. (2) In addition, the PARADE ADMINISTRATOR shall be authorized to revoke a permit issued pursuant to this chapter in the manner provided for herein. PERSON. Any individual, firm, association, corporation, limited liability company, organization, partnership or any city, county, district, or the state or federal government or any department or agency thereof. For the purposes hereof, the singular shall include the plural, and the masculine shall include the feminine and neuter, and vice versa. PRIVATE EVENTS.

(1) Those events such as weddings, birthday parties and the like where there is a host who pays for substantially all of the guests’ expenses for a personal social event. (2) In no case shall any event be classified for purposes herein as a PRIVATE EVENT if attendance is reasonably anticipated or planned to exceed 5,000 persons. PUBLIC GATHERING. A public gathering on county property as well as public gathering on private property. PUBLIC GATHERING ON COUNTY PROPERTY. (1) Every temporary gathering of a group of persons reasonably expected to exceed 50 in number; (2) In the unincorporated area of the county; (3) Which gathering of persons is held on property owned by the county; (4) Outdoors or within permanent or temporary structures; and (5) Which is open to the public with or without an admittance fee or a donation. PUBLIC GATHERING ON COUNTY PROPERTY shall include, but not be limited to, circuses, carnivals, festivals and races. PUBLIC GATHERING ON COUNTY PROPERTY shall not include any gathering of persons organized or otherwise coordinated by the County of San Benito, or by its agents or franchisees pursuant to express county approval. PUBLIC GATHERING ON PRIVATE PROPERTY. (1) Every temporary gathering of a group of persons reasonably expected to exceed 50 persons; (2) In the unincorporated area of the county; (3) Which public gathering is held on privately-owned property; (4) Outdoors or within a permanent or temporary structure; (5) Open to the public with or without an admittance fee or donation; and (6) Which gathering of persons is not previously authorized by county permit. A PUBLIC GATHERING ON PRIVATE PROPERTY shall include, but not be limited to, circuses, carnivals, festivals and races. SHERIFF. The elected Sheriff of San Benito County or the Sheriff’s designee. TEMPORARY GATHERING OF PERSONS. A gathering of persons that is not intended to, or does not in fact, occur on a regular (e.g., daily, weekly, monthly) basis. An annual gathering of persons lasting for a specified or indeterminate duration of two weeks or less shall be considered temporary gathering. An annual gathering of persons lasting for a specified or indeterminate duration of more than two weeks shall be considered a permanent use. (1966 Code, § 14-11) (Ord. 688, § 1(part); Ord. 703, § 1(part))

No person shall hold, manage, conduct or carry on or cause or permit to be held, managed, conducted or carried on, any parade, any public gathering on county property, or any public gathering on private property, without first having been issued a parade/public gathering permit by the Parade Administrator. A permit is not deemed issued until the Parade Administrator has received the applicant’s written acceptance pursuant to this chapter. Notwithstanding the requirement for a permit expressed herein, Level 1 or Level 2 public gatherings are exempt from the permit requirement. Notwithstanding the issuance of a parade and public gathering permit, or an exemption from a parade or public gathering permit, no person shall hold, manage, conduct or carry on or cause or permit to be held, managed, conducted or carried on any activities which require a use permit or a permit for a temporary use, pursuant to Title 25 of the San Benito County Code. (1966 Code, § 14-12) (Ord. 688, § 1(part); Ord. 703, § 1(part))

(A) Fee. To obtain a parade/public gathering permit, a person shall file an application for the permit with the Parade Administrator. Any application shall be accompanied by a fee in an amount which shall be fixed by the Board of Supervisors, from time to time. Effective immediately, the application fee for the permits shall be as follows:

Level 1 parades: those parades where not more than 1,500 persons are reasonably expected to be in attendance $50 [Level 1 public gatherings are exempt from permit requirement] Level 2 parades: those parades consisting of more than 1,500 persons but not exceeding 5,000 persons reasonably expected to be in attendance $150 [Level 2 public gatherings are exempt from permit requirements]

Level 3 parades or public gatherings: those parades or public gatherings consisting of more than 5,000 persons, but not exceeding 15,000 persons reasonably expected to be in attendance $1,000 Level 4 parades or public gatherings: those parades or public gatherings where over 15,000 persons are reasonably expected to be in attendance $3,000

(B) Failure to pay fee. The county shall not accept an application for parade/public gathering permit if an applicant does not tender the required parade/public gathering permit fee. (C) Form and content of application. An application for a parade/public gathering permit shall be made on forms furnished by the Parade Administrator and shall be fully and completely prepared, containing all of the following information: (1) The name, mailing address and daytime and evening telephone numbers of the person filing the application; (2) If the event is to be conducted by an organization, the name, mailing address and daytime telephone number of the organization, the name, mailing address and daytime telephone number of the president, leader or other head of the organization, and written documentation of the authority under which the applicant is applying for the permit on behalf of the organization; (3) The name, mailing address and daytime telephone number of the person who will be present and in charge of the event on the day of the event; (4) The name, mailing address and daytime telephone number of any monitors to be employed during the event; (5) The name, mailing address and daytime telephone number and evening telephone number of an alternate person to contact if an emergency arises and the applicant is unavailable; (6) A written statement of the kind, character and type of parade or public gathering which applicant proposes to conduct; (7) The proposed date and estimated starting and ending time of the event; (8) The proposed location of the event; including its boundaries; (9) The estimated number of participants in the event; (10) The type and estimated number of vehicles, animals and structures that will be used in the event; (11) A description of any sound amplification equipment to be employed at the event; (12) The number, size and material of construction of any signs or banners to be used in the event; (13) The parking requirements for the event; (14) The location of any water, first aid or comfort stations to be provided at the event; (15) The type and number of any vendors who will sell food or beverages at the event, including the name, address and telephone numbers of all vendors; and (16) If the event is a parade: (a) The time when units of the parade will begin to assemble; (b) The proposed assembly point for the parade; (c) The proposed parade route; (d) The interval space to be maintained between units of the parade; and (e) The number, type and size of the floats or other vehicles. (D) Accompanying documents. An application for a parade/public gathering permit shall include the following: (1) The information specified in division (C) above of this section; (2) Written confirmation to the Parade Administrator that the California Highway Patrol, the California Department of Forestry, the San Benito County Public Works Department, the San Benito County Fire Department and the San Benito County Health Officer have reviewed the proposed event and have determined that it shall be held in conformance with all applicable rules and regulations of the respective agencies; (3) In the case of a public gathering on private property, proof of ownership of the place of the proposed public gathering or a statement signed by all the owners of the property where the public gathering is proposed. Additionally, all owners of the property where the proposed public gathering is to occur must sign the application and must agree to be bound by all terms of any permit that is issued;

(4) A written agreement by the applicant and, if pertinent, all owners of a proposed public gathering site, to indemnify the county, its officers, agents and employees, from and against any and all claims and losses whatsoever arising out of, or in any way related to, the activity for which the permit is sought including, but not limited to, claims for property damage, personal injury, death and any legal expenses (such as attorneys’ fees, court costs, investigation costs and experts’ fees) incurred by the indemnitee in connection with the claims. The agreement shall be in a form approved by the County Counsel; (5) Verification that the applicant has notified all vendors of food and beverages that a county health permit is required; (6) An Assessor’s map with the names and addresses of all owners of property within 500 feet of the subject property; and (7) Any other documents deemed necessary by the Parade Administrator to insure an adequate review of the application. (E) Time of application. A completed application for a Level 1 or Level 2 parade permit shall be submitted to the Parade Administrator at least two working days before the date of the proposed Level 1 or Level 2 parade or public gathering is to commence. A completed application for a Level 3 or Level 4 parade or public gathering permit shall be submitted to the Parade Administrator at least five calendar days before the date of the proposed Level 3 or Level 4 parade or public gathering is to commence. (1966 Code, § 14-13) (Ord. 688, § 1(part); Ord. 703, § 1(part))

(A) Review of application. (1) The Parade Administrator shall review the parade/public gathering permit application, including all accompanying documentation, for accuracy and completeness. The Parade Administrator shall review the application in light of the requirements of this chapter. (2) The Parade Administrator shall endeavor to give notice of the nature, date and time of any event authorized by a permit as soon as possible prior to the date of the event to all owners of property adjoining the county road, sidewalk, other public right-of-way or specific property where the event is to occur, either by delivering copies of the notice to the property owners, by publishing the notice in a newspaper of general circulation, or by posting the notice along the route or at the site of the event. The provisions of this section shall be directory only, and the failure of the Parade Administrator to give the notice shall not invalidate a permit, if issued. (B) Decision on application; issuance or denial of permit. (1) Upon completion of the review process, the Parade Administrator shall approve the application and issue a permit if the Parade Administrator determines that the issuance of the permit will not create a real, substantial and unmitigatable imminent threat to the public health, safety or order. If the Parade Administrator determines that certain specific services in addition to those proposed by the applicant are needed in order to prevent a real, substantial and unmitigatable imminent threat to the public health, safety or order, the Parade Administrator shall approve the application and issue the permit with sufficient conditions necessary to reasonably insure the protection of the public health, safety or order, consistent with the requirements of this article. The Parade Administrator shall deny the application if the Parade Administrator determines that the issuance of the permit, with or without conditions, will create a real, substantial and unmitigatable imminent threat to the public health, safety or order. A real, substantial and unmitigatable imminent threat to the public health, safety or order shall exist when the Parade Administrator determines any one or more of the following: (a) That the proposed route, location, time or duration of the event will substantially interrupt the safe and orderly flow of traffic along or through the route or location and the county has inadequate resources to reasonably mitigate the impacts; (b) That the proposed route, location, time or duration of the event will unreasonably interfere with the provision of Sheriff or fire protection in the event area, the area surrounding the event, or the remainder of the county and the county has inadequate resources to reasonably mitigate the interference; (c) That the proposed manner of conducting the event is reasonably likely to cause injury to persons or damage to property and the resources reasonably available to the county are not sufficient to substantially reduce the risk of harm to persons or property; (d) The applicant has failed to provide supplemental application information requested by the Parade Administrator or has otherwise failed to complete the application; (e) The information contained in the application, including supplemental application information requested by the Parade Administrator is found to be false in any material respect; (f) An application for another event to be held on the same date as that requested by the applicant has been previously filed or approved, and such other event is so close in time or location to the event proposed by the applicant as to cause undue traffic congestion or to place the county in a position of being unable to provide Sheriff protection, fire protection or other essential services for both events; (g) Given the size and nature of the event, the reasonably available county resources such as County Sheriff

deputies or other essential county personnel is not sufficient to ensure the safety of participants or the attending public; (h) The event will occur at a time when a school is in session and along a route or at a location adjacent to the school or a class thereof, and the noise created by the activities of the event will substantially disrupt the educational activity of the school or class; and (i) The location of the event will substantially interfere with construction or maintenance work previously scheduled to take place on or along the county road to be used for the event. (2) However, 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 mitigate the concern. Furthermore, nothing herein authorizes the denial of a permit based upon the content of any proposed exercise of an applicant’s first amendment rights. (C) Time of decision on application. (1) In the case of a Level 1 or Level 2 parade application, the Parade Administrator shall make a decision on the application within one working day after the time that a completed application is filed with the Parade Administrator. In the case of a Level 3 or Level 4 parade or public gathering application, the Parade Administrator shall make a decision on the application within two working days after the time that a completed application is made. (2) After the decision, the Parade Administrator shall immediately attempt to notify the applicant orally and in writing of the Parade Administrator’s decision. A written document indicating approval, which shall serve as the permit, may be by telegram, facsimile or any written document sent by the Parade Administrator. Both the oral and the written notifications shall describe, with particularity, the facts and reasons for any denial or for any approval subject to conditions. (3) Any permit for a Level 3 or 4 event shall be invalid unless within 24 hours after the approval is sent to the applicant, the applicant fails to accept, in writing, the approval and relevant conditions thereof. The writing may be by telegram, facsimile or any written document sent or signed by the applicant. Failure to accept as set forth herein or failure to file a timely appeal shall automatically be deemed a withdrawal of the application. (D) Conditions of approval; requirements. The Parade Administrator shall provide that issuance of a parade/public gathering permit shall be contingent upon acceptance and observance of specified conditions deemed reasonable and necessary to protect the public health, safety or order consistent with the requirements specified in this chapter. All permits shall specify the kind, character and type of event which is approved and shall specify the maximum number of persons who may attend or participate in such permitted event. Furthermore, all persons obtaining a parade/public gathering permit shall comply with the requirements specified in this division. However, upon request of the applicant, the Parade Administrator, with the approval of the appropriate agency official, may reduce the mandatory requirements in the case of a Level 1 or Level 2 event if the requirements are not necessary to protect the public health safety or order. (1) Police protection/traffic control. (a) Every person granted a permit under this article shall insure the preservation of order and the protection of property in and around the location of the parade or public gathering. The obligation may require a permit condition that a permittee employ private security. Any proposal for the employment of security services shall be reviewed and must be approved by the Sheriff before a permit shall become issued. (b) All security service personnel shall be required to be licensed under the Business and Professions Code and to be in attendance, wearing uniforms, at all times when the parade or public gathering is in operation. Where the Sheriff authorizes the employment of off-duty peace officers to meet the requirements of this article, the peace officers shall be under the direction and control of the Sheriff. The Sheriff shall be satisfied that the requisite number of security personnel will be provided at all times during the parade or public gathering, before a permit is issued. An applicant may be required to submit a written agreement between the applicant and a licensed security firm. As a condition of any permit hereunder, an applicant shall consent to and authorize the Sheriff, his or her deputies and employees to enter upon the permitted premises in order to insure compliance with permit conditions and to insure protection of the public. (c) Furthermore, in the event that the Sheriff determines that a parade or public gathering will require additional Sheriff operations and services for public protection/traffic control, an applicant shall pay the costs of all additional Sheriff services required. As a condition of obtaining a permit, an applicant shall be required to enter into an agreement with the County of San Benito agreeing to pay the costs of the additional Sheriff’s services as determined necessary by the Sheriff. The agreement shall be subject to the approval of the County Counsel. (2) Water facilities. Every permittee shall provide an ample supply of water for drinking and sanitation purposes on the premises of a public gathering. A permittee shall provide a minimum supply of water an amount equivalent to one drinking fountain for the first 75 attendees and thereafter one additional drinking fountain for each additional 150 attendees. The Parade Administrator shall, with the consent of the Environmental Health Officer, reduce or otherwise adjust the quantitative requirements if other alternative sources of water are proposed and approved. All drinking water fountains shall mee

amount equivalent to one drinking fountain for the first 75 attendees and thereafter one additional drinking fountain for each additional 150 attendees. The Parade Administrator shall, with the consent of the Environmental Health Officer, reduce or otherwise adjust the quantitative requirements if other alternative sources of water are proposed and approved. All drinking water fountains shall meet state drinking water standards. There shall be one lavatory for each four toilets. (3) Food concessions. In the case of public gatherings proposed to be held in areas located a substantial distance from markets, restaurants or like eating establishments for more than one day, a permittee shall provide the food concessions shall be available at the premises for each day of operation to adequately feed the number of persons expected to be in attendance. Concessionaires shall be licensed pursuant to local regulations and state laws. (4) Sanitation facilities.

(a) Every permittee shall provide on the premises of any public gathering, at least one closed toilet facility for each 50 persons expected to be in attendance. Toilet facilities for persons with physical disabilities shall also be required. (b) Where flush-type toilets cannot be made available, a permittee may use portable chemical toilets. Chemical toilets shall be emptied at a permittee’s expense as necessary and pursuant to any procedures established by the San Benito County Health Officer. (c) Every permittee shall be required to furnish the equivalent of at least one solid waste receptacle with a minimum 32-gallon capacity for every 25 persons expected to be in attendance. Receptacles for the recycling of discarded materials shall also be provided. An applicant shall enter into an agreement with an approved solid waste collection company for the collection of solid waste. Solid waste shall be emptied at a permittee’s expense as necessary to maintain sanitary conditions. (5) Emergency medical services. Where an event is a Level 3 or 4 event, and is planned for a route or a site which is located a substantial distance from existing medical treatment facilities, the applicant shall provide one ambulance for every 50,000 persons authorized to attend the event. The ambulance shall be a provider who is authorized to transport persons in San Benito County. The ambulance shall be staffed with persons who are licensed or certified, as required under Cal. Health and Safety Code §§ 1797 et seq., consistent with local emergency medical service requirements. (6) Parking areas. Every permittee shall provide adequate parking spaces for the number of persons the permit authorizes to attend the public gathering or parade. (7) Access and parking control. (a) Every permittee shall provide adequate ingress and egress to the event site and to the parking areas, along with adequate signage. Necessary roads, driveways, entrance ways and traffic signs shall exist to insure orderly flow of traffic into, or away from the premises by a highway which is a part of the county road system or which is a highway maintained by the State of California. (b) Additionally, in the case of a Level 3 or 4 event, a permittee shall be required to employ traffic guards to insure orderly traffic movement and relieve traffic congestion in the vicinity of the parade or public gathering area. (8) Hours of operation. No permit shall be issued for any event between the hours of 2:00 a.m. and 6:00 a.m. of any day. The Parade Administrator shall further restrict the hours of desired operation of a parade or public gathering if necessary to protect the public health, safety or order in compliance with this chapter. No permit shall authorize camping at the site of the event. Any person desiring to establish camping facilities in connection with an event shall first obtain approval for temporary use under Title 25 of the San Benito County Code. (9) Illumination. Every permittee planning to conduct a parade or public gathering after dark, or planning to allow persons who attend the parade or public gathering to remain on the premises after dark, shall provide electrical illumination to insure that those areas which are occupied, including areas used for parking, are appropriately lighted at all times. For purposes of this section, APPROPRIATE LIGHTING is that which illuminates only the intended area and does not create off-site glare or create a safety hazard. (10) Security. (a) If a permittee is required to indemnify the county for any costs incurred by the county as a result of the proposed event, the permittee shall provide security for the county in connection with the event in an amount determined by the Parade Administrator. The amount of the security shall cover any expenses anticipated to be incurred by the county as a result of the event. (b) The security shall be either an undertaking such as an indemnity bond, a performance bond or the like or a cash deposit with the county. (c) An applicant may be required to submit a surety bond in an amount determined by the Parade Administrator as a condition of approval of any permit. The bond shall indemnify the County of San Benito, and its agents, officers and employees against any and all loss, injury and the damage of any nature whatsoever arising out of, or in any way connected with, the parade or public gathering and shall indemnify against loss, injury or damage to both persons and/or property and the owners of property adjoining the parade or public gathering site for any costs necessitated for cleaning up and/or removing, advertising signs, debris, trash or other solid waste from, in and around the premises. (d) Any bond required by this chapter shall be written by a corporate bonding company authorized to do business in the State of California approved by the state’s Department of Insurance. Bonds required by this article must be approved by the county’s Risk Manager. (11) Fire protection. A permittee shall furnish such fire protection, including personnel and equipment, at its own expense, as shall be required by the Parade Administrator after consultation with the state’s Division of Forestry and/or the San Benito County Fire Department. In the event that a parade or public gathering will require additional county fire protection services, a permittee shall pay the costs of all additional services necessitated by the parade or public gathering. As a condition of obtaining a permit, an applicant shall enter into an agreement with the County of San Benito agreeing to pay the costs of the additional fire protection services as determined necessary by the Parade Administrator and/or the San Benito County Fire Department. (12) Enclosures. A permittee shall install, at his or her own expense, such fences or other structures to pr

ring. As a condition of obtaining a permit, an applicant shall enter into an agreement with the County of San Benito agreeing to pay the costs of the additional fire protection services as determined necessary by the Parade Administrator and/or the San Benito County Fire Department. (12) Enclosures. A permittee shall install, at his or her own expense, such fences or other structures to prevent persons attending the Level 3 or Level 4 parade or public gathering from trespassing upon lands adjacent to the permitted premises.

(13) Insurance. A certificate of insurance demonstrating that the applicant has in effect a comprehensive general liability insurance policy with a combined single limit of not less than $1,000,000 for a Level 1 or Level 2 event or a combined single limit of not less than $2,000,000 for a Level 3 event or a combined single limit of not less than $10,000,000 for a Level 4 event shall be required. Applicant shall also provide an endorsement naming the county, its officers, agents and employees as additional insureds, and providing that it will not be reduced or canceled without written notice to the Parade Administrator. Insurance coverage shall include coverage of injury to any persons and damage to any property caused by the parade or public gathering or arising therefrom, or from the specific activities occurring as part of the parade and public gathering, whether occurring on or off the site of the parade or public gathering. (14) Noise. All permittees shall insure compliance with the county’s community noise standards as embodied within the county General Plan noise element. Specifically, all parades and public gatherings shall comply with the following standards:

Land Use Category of Neighboring Properties Adjacent to the Site of the Public Gathering Acceptable Noise Level at Property Line of the Site of the Public Gathering (Community Exposure Ldn or CNEL.dB.) Amphitheater, auditorium, concert hall 60 Church, hospital, library, neighborhood park, nursing home, outdoor spectator sports facility, playground, residential structure (all densities), school, sports arena 65 Cemetery, golf course, hotel, motel, riding stables, water recreation facility 70 Business commercial building, office building, professional commercial building 75 Agriculture, industrial, manufacturing utilities 80 Source: San Benito County General Plan noise element

(15) Miscellaneous. In lieu of denial of an application, the Parade Administrator may impose upon any applicant any

other condition which conditions are reasonably calculated as necessary to protect the health, welfare and property of local residents and persons participating in, or attending the parade or public gathering. Such conditions may include, without limitation, the requirement to pay for any otherwise unreimbursed costs incurred by the county. (1966 Code, § 14-14) (Ord. 688, § 1(part); Ord. 703, § 1(part))

(A) Mandatory revocation by Parade Administrator. The Parade Administrator shall revoke a permit authorizing an event if the Parade Administrator determines that there were grounds for denying the permit, as set out in this chapter, which were first disclosed or otherwise made known to the Parade Administrator after issuance of the permit and such facts were not discoverable by the exercise of due diligence by the Parade Administrator prior to the issuance of the permit. (B) Discretionary revocation by Parade Administrator. The Parade Administrator may revoke a permit authorizing an event if the Parade Administrator determines that the event is being conducted in violation of the terms and conditions of the permit or that event participants have violated any applicable law or regulations; provided, however, that this division shall not authorize the revocation of a permit because of the need to protect participants from the conduct of others unless there are insufficient resources available to provide necessary police protection. The Parade Administrator shall not revoke a permit in the manner provided by this division unless and until the Parade Administrator advises the permittee or responsible event participants of the violation and provides a reasonable opportunity to correct the violation. (C) Notice of intent to revoke. When the Parade Administrator intends to consider revocation of a permit prior to the date of event, the Parade Administrator shall immediately cause a written notice of such action to be served on the permittee in person or by fax and shall provide copies of the notice to the county’s Administrative Officer and County Counsel. However, where the Parade Administrator decides to consider revocation of a permit on the day of the event and has learned of the facts justifying revocation within 24 hours of the event, the Parade Administrator shall announce the action to the event participants, to those county officers and employees monitoring or controlling traffic during the event, and to the person in charge of the event, if the person can be located at the site of the event. Thereafter, the Parade Administrator shall cause a written notice of the action to be delivered to the permittee and posted at the site of the event. The Parade Administrator shall also provide copies of the notice to the county’s Administrative Officer and the County Counsel. (D) Hearing of revocation. In all cases, except where the Parade Administrator gives a notice of intent to revoke the permit within 24 hours of the event, the applicant shall have a right to a hearing before the county’s Administrative Officer or his or her designee within 24 hours of the revocation; provided that the event is scheduled at least 48 hours after the request for hearing is made. The hearing shall be at the county’s Administrative Officer’s office not later than 4:00 p.m. on the day after the hearing is requested, unless otherwise agreed upon. The county’s Administrative Officer shall issue a decision orally at the conclusion of the hearing and shall also notify the applicant, the Parade Administrator and the County Counsel, in writing, of the county’s Administrative Officer’s decision.

(E) Content of notices of revocation. Any notification of action by the Parade Administrator or county’s Administrative Officer taken pursuant to this section, whether oral or written, shall describe with particularity the facts and the reasons for the decision. Any such written notice may be by facsimile, or by any written document signed or sent by the Parade Administrator or the county’s Administrative Officer, as the case may be. (1966 Code, § 14-15) (Ord. 688, § 1(part); Ord. 703, § 1(part))

Any person aggrieved by a decision of the Parade Administrator made under this article may appeal such decision as specified herein. The appeal shall be in writing on a form provided by the Parade Administrator and shall set forth the specific basis of the alleged error. The failure to file a timely appeal as specified herein in compliance with this section will result in the automatic dismissal of any appeal and will constitute a waiver of any right to object to the decision of the Parade Administrator. (A) Level 1 or Level 2 appeals. In the case of a Level 1 or Level 2 parade application appeal, the applicant shall file the appeal in writing with the county’s Administrator within two working hours following notification of the decision of the Parade Administrator. Upon receipt of the written appeal, the county’s Administrative Officer shall set the matter for hearing to be conducted not more than two working hours after the filing of the appeal. After the appeal hearing, the county’s Administrative Officer shall render a decision on the appeal, consistent with the provisions of this article. In rendering a decision on the appeal, the county’s Administrator shall sustain, modify or reverse the decision of the Parade Administrator. (B) Level 3 or Level 4 appeals. In the case of a Level 3 or 4 parade application appeal, the applicant shall file an appeal in writing with the county’s Administrative Officer within 24 hours after the decision of the Parade Administrator. Upon receipt of the written appeal, the county’s Administrative Officer shall set the matter for hearing to be conducted not more than 24 hours after the filing of the appeal. Following the appeal hearing, the county’s Administrative Officer shall render a decision on the appeal, consistent with the provisions of this article. In rendering a decision on the appeal, the county’s Administrative Officer shall sustain, modify or reverse the decision of the Parade Administrator. (1966 Code, § 14-16) (Ord. 688, § 1(part); Ord. 703, § 1(part))

A parade/public gathering permit issued pursuant to this article may not be assigned or transferred, in whole or in part. (1966 Code, § 14-17) (Ord. 688, § 1(part); Ord. 703, § 1(part))

The Public Works Director is authorized and directed to place barricades on or within the roads, parking facilities, sidewalks or other public rights-of-way, and to undertake such other actions as may be necessary to cordon off the route or site of an event authorized by a permit, including the temporary closure of appropriate county roads or property. In addition, the Public Works Director shall, when appropriate, post the route or site of the event as a no-parking zone for the duration of the event and sufficiently in advance thereof as may be necessary to prevent vehicles from parking along the route or at the site of the event. (1966 Code, § 14-18) (Ord. 688, § 1(part); Ord. 703, § 1(part))

It shall be unlawful for any person, acting alone or in concert with any other person or persons to do any of the following: (A) Conduct or operate an event without first procuring a permit to do so; (B) Conduct or operate an event inconsistent with the permit for the event; (C) Sell tickets or offer to sell tickets to an event without a permit first having been obtained; (D) Sell or offer for sale tickets to an event in excess of the maximum number of persons that may attend the parade or public gathering as specified in the permit; (E) Advertise, or otherwise publicly announce, that an event will be held in the County of San Benito without a permit first having been received for the conduct thereof; (F) Provide entertainment at an event whether or not compensation is paid for the performance of the entertainment, with the knowledge that a permit has not been obtained; (G) Operate, conduct or carry on an event, in such a manner as to create a public or private nuisance; (H) Physically obstruct, impede, hamper or otherwise interfere with any event authorized by a permit or with any person, animal or vehicle participating or used in the event; (I) Drive a vehicle between vehicles or persons traversing the route of a parade authorized by a permit when activities or

persons are in motion; (J) Park along or within any portion of the route or site of an event authorized by a permit, when the route or site has been posted as a no-parking zone by the Parade Administrator in the manner authorized by this chapter; (K) Exhibit, show or conduct at or within an event any obscene, indecent, vulgar or lewd exhibition, show, play, entertainment or exhibit, or matter by whatever name designated; (L) Allow any person at an event to cause or create a disturbance in, around or near the event by offensive or by disorderly conduct; (M) Knowingly allow any person to consume, sell or be in possession of intoxicating liquor while at an event except where the consumption or possession is expressly authorized under the terms of this ordinance and under the laws of the State of California; (N) Knowingly allow any person attending an event to use, sell or be in possession of any narcotic, or dangerous or illegal drug while in, around, or near the location of the event; and/or (O) Knowingly attend an event with the intent to sell products or perform services for hire, with the knowledge that the required permit for such event has not been obtained. (1966 Code, § 14-19) (Ord. 688, § 1(part); Ord. 703, § 1(part))

This article shall not apply to a boundary line street where portions of a county road is within a different jurisdiction unless the authority having jurisdiction over the portion of the street concerned approves of this article. The Parade Administrator shall identify all potential boundary line streets and shall submit this article to any pertinent jurisdiction to obtain approval of the regulations contained herein. (1966 Code, § 14-19.1) (Ord. 688, § 1(part); Ord. 703, § 1(part))

Any person who violates any of the provisions of this article is guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the county jail not to exceed six months, or by fine not to exceed $1,000 or by both the fine and imprisonment. (1966 Code, § 14-19.2) (Ord. 688, § 1(part); Ord. 703, § 1(part))

Any violation of this chapter is unlawful and a public nuisance and shall be abated, eliminated and enjoined as provided in Chapter 1.03 of this code. (1966 Code, § 14-19.3) (Ord. 688, § 1(part); Ord. 703, § 1(part))

(A) Except as otherwise provided by law, the remedies provided in this chapter are cumulative and not exclusive. (B) Nothing in this chapter is intended, or shall be deemed or construed, to limit or impair the ability of the county, or any of its officers, agents or employees, to take any administrative or judicial action, otherwise authorized by law, to abate any public nuisance. (C) Chapter 1.03 of this code is hereby incorporated by reference as though its provisions were fully set forth herein. (1966 Code, § 14-19.4) (Ord. 688, § 1(part); Ord. 703, § 1(part))

It shall be unlawful to conduct a parade or a public gathering on a permanent basis without first obtaining a use permit therefor, pursuant to Title 25 of the San Benito County Code. It shall be unlawful to hold a temporary gathering of persons without first obtaining a permit for a temporary use, pursuant to Title 25 of the San Benito County Code, if the permit be required. (1966 Code, § 14-19.5) (Ord. 688, § 1(part); Ord. 703, § 1(part))