Chapter 13.23

property.

Without limitation of any other law, rule, policy or regulation, any person who places temporary skateboarding equipment on or within any city property, structure or building, shall be responsible for the proper and safe installation and operation of such equipment, and shall be responsible for and shall indemnify the city against any cost, damage or injury that occurs in connection with the construction, installation, use, operation or removal of such equipment.

(Ord. 27784.)

The prohibition set forth in this chapter shall apply to all streets, alleys, sidewalks, plazas, parks, transit mall, city-owned parking lots and other publicly owned properties within any of the skateboard prohibition zones.

(Ord. 27784.)

Part 3

SKATE PARK REGULATIONS

Sections:

No person shall ride a skateboard in any skate park without wearing a safety helmet suitable for skateboarding, and elbow pads and knee pads. (Ord. 27784.)

CITY HALL PLAZA

Parts:

• 1 Purpose

• 2 Definitions

• 3 Use Of City Hall Plaza

Part 1

PURPOSE

Sections:

City hall is the primary location for the conduct of the city's business. The new city hall plaza was constructed to provide a site that would be an aesthetically pleasing area and which would conveniently allow access to and from city hall. The City enacts this chapter to, among other things, ensure the access to and unobstructed use of city hall, preserve the aesthetics of the city hall plaza, coordinate multiple uses of the limited plaza area, preserve and protect the plaza features, to prevent dangerous, unlawful or incompatible uses, and to ensure financial accountability for damage caused by an outdoor event. (Ord. 27472.)

*Editor’s note— Chapter 13.22, pertaining to Paseos and Plazas, was repealed by Ordinance 29419, adopted June 10, 2014.

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§ 13.23.200

Part 2

DEFINITIONS

Sections:

the southernmost wall of the new city hall and continuing to the cement wall marking the southern property line of the city hall property. The city hall plaza is owned and controlled by the city and includes the adjacent sidewalks. (Ord. 27472.)

13.23.220 City manager.

13.23.230 City hall plaza.

13.23.240 City hall plaza event.

13.23.250 City hall plaza event permit.

13.23.260 City hall outdoor event.

13.23.270 Limited outdoor event.

13.23.280 Regulations.

The definitions set forth in this part shall govern the application and interpretation of this chapter. (Ord. 27472.)

"Director" means the director of public works, or such other person designated by the city manager to administer the duties of director under this chapter.

(Ords. 27472, 29021.)

"City manager" means the city manager, or such other person designated by the city manager to fulfill the responsibilities identified as city manager's responsibilities hereunder. (Ord. 27472.)

"City hall plaza" or "plaza" means the exterior public open areas located adjacent to the new San José City Hall located at 200 E. Santa Clara Street, San José, CA, which area is bounded by Santa Clara Street on the north, Fourth Street on the west, Sixth Street on the east, and on the south, starting from Fourth Street going eastward along

"City hall plaza event" means an outdoor public gathering, celebration or other event on any portion of city hall plaza which is further described below as either a city hall outdoor event in Section 13.23.260 or a limited outdoor event in Section 13.23.270.

(Ord. 27472.)

"City hall plaza event permit" means a permit issued pursuant to this chapter, which permits the holder to conduct a city hall outdoor event or a limited outdoor event. (Ord. 27472.)

"City hall outdoor event" means a city hall plaza event which involves any of the following: cooking, preparation, serving, sale or distribution of food or beverages, the sale or distribution of commercial merchandise, the erection of a stage, barricades, generators, the use of six or more tables or booths (or a combination thereof), the use of twenty or more chairs, the placement or use of other equipment or temporary structures on the plaza, driving or placing vehicles on the plaza, or if public access to the event is limited, such as by invitation or by requiring payment as a condition to entry.

(Ord. 27472.)

"Limited outdoor event" means a city hall plaza event in which all of the following apply: no food or beverages are cooked, prepared or served, no sale or distribution of food, beverages, or other commercial merchandise occurs, whether for com-

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§ 13.23.300

pensation or free of charge, at least one but no more than five booths or tables are used (or a combination thereof) up to but no more than nineteen chairs are used, no stage, barricades, or other temporary structures are used or placed on the plaza, no vehicles are driven or placed on any area of the plaza and no other equipment is used other than a handcarried microphone/loudspeaker, the event is open to the public at no charge and lasts for no longer than one day. (Ord. 27472.)

"Regulations" means the rules and regulations governing the use of the city hall plaza that are issued by the city manager. (Ord. 27472.)

Part 3

USE OF CITY HALL PLAZA

Sections:

• 13.23.310 Issuance of city hall plaza event permits.

• 13.23.320 Limitations on city hall plaza event permits.

• 13.23.330 No permit required for simple assembly or expressive display area.

• 13.23.340 City hall plaza rules and regulations.

• 13.23.350 Fees and charges for city hall plaza event permits.

• 13.23.360 Indemnity and insurance.

• 13.23.370 Permit application.

• 13.23.380 Time frames for permit decision.

• 13.23.390 Permit - Denial or revocation.

• 13.23.400 Notice of decision.

• 13.23.410 Hearing.

• 13.23.420 Permit amendment.

• 13.23.430 Immediate revocation - Conditions.

• A. No person shall obstruct public access to the entrances to city hall.

• B. No person shall conduct any city hall plaza event, except in compliance with the terms of a city hall plaza event permit.

• C. Any city hall plaza event permittee shall maintain a copy of the city hall plaza event permit at the event and present a copy to an authorized city official when requested, at all times during the course of the city hall plaza outdoor special event.

• D. No person, other than the city, shall leave unattended for any period, any structure, property or display or any other item upon the city hall plaza. No person shall leave any equipment unattended for any period, except the director may determine that certain equipment may be permitted overnight during a permitted, multi-day city hall outdoor event, upon the director's approval, which may include, among other things, the permittee's sufficient demonstration of need and proper security precautions.

• E. No person shall engage in "peddling" as defined in Section 6.54.070 of this Code, on the city hall plaza unless such activity is pursuant to an approved concession agreement with the city, or if the peddling is done pursuant to and as a part of a city hall plaza event permit.

• F. No person shall sell or distribute commercial merchandise on city hall plaza, unless such activity is pursuant to an approved concession agreement with the city, or pursuant to and as a part of a city hall plaza event permit. The sale or distribution of commercial merchandise shall mean the sale or exchange of goods or services for profit or for other business consideration.

• G. No person shall cook any food on the plaza or otherwise use any heat source or flame, except as permitted under the regulations and a city hall plaza event permit.

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§ 13.23.300

• H. No person shall camp on the city hall plaza. No person shall enter or remain on the plaza (except the sidewalks) after closing time, as established by the regulations, unless authorized to do so by the director.

• I. No person shall drive or place any vehicle on city hall plaza, except as authorized by the director, and otherwise in a manner consistent with the regulations.

• (Ord. 27472.)

• A. The director is authorized to issue city hall plaza event permits consistent with this chapter.

• B. The director shall issue city hall plaza event permits, on a first come, first served basis during times the requested plaza area is available for the event, to event applicants subject to the applicant's compliance with the permit application requirements and other requirements set forth in this chapter and upon the requirements set forth in the regulations.

• C. The director is authorized to promulgate regulations consistent with this chapter, and to place reasonable time, place and manner conditions, consistent with this chapter, to city hall plaza event permits, including without limitation, limits on the number of permits issued per month, limits on the duration of a permit, and the duration of an event, and upon the times the plaza is available for event reservation.

• D. City hall plaza event permittees shall be responsible for any soiling, staining, damage or destruction to the plaza or harm to any person that is caused by the permittee's use of the permit site for the city hall plaza event.

• (Ord. 27472.)

• A. The director shall determine the capacity of each area of the plaza that is available for use

by city hall plaza events. The director may take into account the anticipated attendance for the event, and the capacity level for the applicable area of the plaza (which shall be set forth in the regulations or other administrative materials), when evaluating a city hall plaza event permit application.

• B. No alcoholic beverages, except beer and wine, may be served in connection with any city hall plaza event, except as authorized by the regulations. Authorization for the services of any alcoholic beverages must be listed in the permit.

• C. The regulations shall set forth the areas of the city hall plaza which may be reserved by a city hall plaza event permit, and may establish the maximum occupancies for each permit area.

• (Ord. 27472.)

• A. Nothing herein shall require any person to obtain a permit for the conduct of a simple assembly of persons on an unreserved area of the plaza, if the assembly does not include equipment, temporary structures, sales or distribution of commercial merchandise, food or beverages, or any of the other characteristics of a city hall plaza event as described in this chapter, with the exception of a hand-carried microphone/loudspeaker, and further provided that the assembly remains within the capacity limits of the applicable area of the plaza. The city manager may establish a process to allow persons conducting a simple assembly to reserve designated portions of the city hall plaza.

• B. In addition to and separate from the areas of the plaza designated by the director, as available for reservation for city hall plaza events, the director shall designate areas in proximity to the entrances to city hall ("expressive display area"). The expressive display area shall be space for a person or limited number of persons to stand and communicate their views

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§ 13.23.370

to those entering or exiting city hall. The director may authorize members of the public to bring and place a portable table to display expressive materials, subject to additional time, place and manner regulation set forth in the regulations issued pursuant to this chapter. Nothing herein is intended to make the expressive display area available for peddling or other commercial activity.

(Ord. 27472.)

• A. A city hall plaza event permit shall include an indemnity provision, approved as to form by the city attorney, which holds the city harmless from the acts or omissions of the permittee in connection with the city hall plaza event.

• B. Each applicant for a city hall plaza event permit shall provide insurance coverage in the amount and type as prescribed in the regulations.

(Ord. 27472.)

It shall be unlawful to disobey or fail to follow regulations adopted pursuant to this chapter, or any other rule, regulation, or lawful direction promulgated or made by the city manager or the director, or their authorized designees, of which such person has actual notice, however given, or as to which constructive notice has been given by appropriate sign or notice in the plaza. (Ord. 27472.)

• A. An applicant for a city hall plaza event permit shall pay all fees, deposits and all appropriate city charges, as established by the resolution of city council.

• B. A city hall plaza event permittee shall be responsible for the actual costs incurred by the city for services provided for the city hall plaza event by city departments.

• C. A city hall plaza event permittee shall be responsible for the actual costs of cleaning and repairs made necessary by the permittee's use of the plaza.

• D. Upon conclusion of the city hall plaza event, the director shall send an invoice to the permittee for all fees and charges still due to the city, and for the costs of services provided by city departments and for the costs to the city of any cleaning and/or repairs to the plaza made necessary by the permittee's use of the permit site.

• (Ord. 27472.)

• A. An applicant for a city hall plaza event permit shall file an application on a form provided by the director.

• B. The application shall contain the following information and any additional information that the director may reasonably require:

  1. A narrative description of the proposed activity, including the name of the proposed activity, if any, expected attendance, a description of any proposed food, beverage or alcohol service, the schedule of events to be included in the activity, and a clean-up plan, and if required by the regulations, a security plan;

  2. A detailed drawing depicting the layout of the proposed activity, including the number and location of any booths, cooking equipment, tables, canopies, stages, fencing, waste receptacles, signage, generators, and any other event equipment proposed to be placed on the plaza;

  3. The date or dates and the specific times that use of the city hall plaza is requested;

  4. The name, address, e-mail address and telephone number of the applicant;

  5. The name, address, e-mail address and telephone number of the person to be contacted regarding the application or permit and if different, the person to be contacted on the date(s) of the city hall plaza event; or

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6. The types of city services, if any, that are requested by the applicant.

• C. An application for a city hall plaza event permit shall not be complete until the applicant submits the following items in addition to the completed application form:

  1. The proof of insurance coverage required under Section 13.23.360 above; and

  2. A copy of each city, county or state permit which may be required for the types of activities or uses proposed by the applicant;

  3. The city hall plaza event permit fee or city hall plaza event permit amendment fee, as prescribed by the schedule of fees established by council resolution; and

  4. The cleaning and damage deposit prescribed by the schedule of fees established by council resolution.

• (Ord. 27472.)

The director shall grant or deny the application for a city hall plaza event permit within the following time frames:

• A. No later than five business days of the director's receipt of a complete application for a city hall limited outdoor event.

• B. No later than twenty business days of the director's receipt of a complete application for a city hall outdoor event.

• (Ord. 27472.)

The director may deny any application for a city hall plaza event permit or revoke a city hall plaza event permit for any of the following grounds:

• A. Fraud, misrepresentation or any false statement contained in the application for the city hall plaza event permit or in the carrying out of the city hall plaza event in a way not consistent with the application;

• B. Failure to comply with the provisions of this chapter or the regulations;

  • C. Failure to comply with the conditions of the city hall plaza event permit, including without limitation, failure to pay applicable fees, provide indemnification or insurance certificate or security deposit within the times required, or failure to comply with all other permit requirements, licensing requirements, or regulations required to conduct the activities described as a part of the city hall plaza event, in the permit application or any amendment thereto;

  • D. Material misrepresentations or failure to comply with a city hall plaza event permit issued within the two years immediately preceding the date of the permit application;

  • E. The city hall plaza or any substantial portion of the plaza is not available due to fire, casualty, acts of God, maintenance activity or public emergency;

  • F. The proposed city hall plaza event will conflict with previously scheduled events organized by the city for use of the plaza, or with a city hall plaza event permit or other permitted use previously approved to be held at the plaza;

  • G. The proposed city hall plaza event, as designed, will unreasonably impede, obstruct, impair or interfere with public access to the city hall or the adjacent properties and the permit applicant will not agree to redesign the proposed activity so as to allow public access to the adjacent properties;

  • H. The applicant has damaged city property and has not paid the city in full for such damage, or has other outstanding debts owed to the city which are past due; or

• I. The proposed use is prohibited by law.

• (Ord. 27472.)

• A. The director shall notify an applicant, in writing, of the director's decision to grant or deny

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§ 13.23.420

the application for a city hall plaza event permit or to revoke a city hall plaza event permit, if the revocation is prior to the date of the proposed activity.

• B. The notice of decision shall state the grounds for denial of the application or revocation of the city hall plaza event permit and shall notify the applicant or permittee of the hearing opportunity pursuant to Section 13.23.410.

• C. If the notice of decision to revoke or deny a city hall plaza event permit is issued less than twenty business days, but more than three business days prior to the proposed activity, the request for hearing must be received by the city manager no later than the end of the second business day after service of the notice of decision to the permittee or applicant.

• D. If the notice of decision to revoke or deny a city hall plaza event permit is issued three or fewer business days prior to the proposed activity, the notice of decision shall also notify the permittee or applicant of the time, date and location of the hearing.

• E. If the notice of decision to revoke or deny a city hall plaza event permit is issued more than twenty business days prior to the proposed activity, a written request for hearing must be received by the city manager no later than five business days after the date of the notice of decision.

• F. The notice of decision shall become final, unless a written request for hearing is received within the time limits set forth in this section.

• (Ord. 27472.)

• A. Upon receipt of a timely written request for a hearing on a notice of decision to deny an application for a city hall plaza event permit or to revoke a city hall plaza event permit, the city manager shall schedule a hearing. The city manager promptly shall notify the applicant or permittee of the hearing date, time and location.

• B. The hearing with the city manager shall be held within the following time frames:

  1. Five business days after receipt of the request for hearing, if the proposed activity is to occur more than twenty business days after timely receipt of the request for hearing; or

  2. Two business days after receipt of the request for hearing, if the proposed activity is to occur less than twenty business days but more than three business days after timely receipt of the request for hearing.

  3. If the proposed activity is to occur three or fewer business days after the city manager's issuance of the notice of decision, the notice of decision shall also state the time, date and location of the hearing. When reasonably possible, the hearing shall occur at least twenty-four hours prior to the proposed activity. The city manager, when reasonably possible, shall also provide the permittee or applicant at least twenty-four hours advance notice of the hearing.

• C. At the hearing, the permittee or applicant may present any relevant evidence. The hearing will be conducted informally and the technical rules of evidence shall not apply. The permittee or applicant may be represented by any person.

• D. After closing the hearing, the city manager shall give a decision sustaining, reversing or modifying the decision to deny or revoke the city hall plaza event permit. A written notice of final decision shall be hand delivered or sent by mail to the permittee or applicant.

• E. The decision of the city manager shall be final. (Ord. 27472.)

• A. If a permittee desires to change the location, time, or duration or other significant aspect of the description of an event subject to a city hall plaza permit, the permittee shall apply for an amendment to the city hall plaza permit.

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• B. A city hall plaza event permit amendment application must be filed with the director no later than ten business days in advance of the city hall plaza event.

• C. The director shall grant or deny the city hall plaza event permit no later than five business days of receipt of the amendment application.

• D. The notice of decision and hearing provisions set forth in Sections 13.23.400 and 13.23.410 also shall apply to applications for city hall plaza event permit amendments.

• (Ord. 27472.)

• A. Any city hall plaza event permit may be revoked on the day of the permitted activity without prior written notice and without a hearing, if either the city council, the city manager, the director, the fire chief or the chief of police, or their authorized designees, determines that:

  1. Revocation is in the interest of the immediate public health or safety because of fire, casualty, act of God or a public emergency; or

  2. The permittee is in violation of the provisions of this chapter, the regulations, or the terms of the city hall plaza event permit.

• B. The permittee, immediately upon receipt of the notification that the city hall plaza event permit has been revoked, shall cease the city hall plaza activity and shall commence with restoring the permit site to its condition prior to the city hall plaza activity.

• (Ord. 27472.)

It shall be unlawful for a person to place any booth, table, chair, stool, structure, vehicle, or piece of equipment in any portion of the city hall plaza for which a city hall plaza event permit has been issued, without the consent of the permittee. (Ord. 27472.)