Chapter 13.14 — COMMUNITY SPECIAL EVENTS

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

(Ord. 29419.)

"Business day" means any day except Saturday, Sunday and holidays observed by the City of San José.

(Ord. 29419.)

"City manager" means the city manager of the City of San José, or such other person or persons designated by the city manager to fulfill the responsibilities identified as the city manager's responsibilities hereunder.

(Ord. 29419.)

"Director" means the director or head of the department(s) designated to issue special event permits, or such other person or persons designated by the director to fulfill the responsibilities identified as the

director's responsibilities hereunder. For parade permits and temporary street closure permits, the director is the chief of police; for park special use permits, the director is the director of department of parks, recreation and neighborhood services; and for paseo/plaza use permits, the director is the director of the office of economic development.

(Ord. 29419.)

"Downtown" means that area delineated as such on the land use/transportation diagram of the general plan of the City of San José as amended.

(Ord. 29419.)

"Free speech event" means an organized outdoor activity or a gathering of people on city property governed by this chapter with the sole or principal object to express, disseminate or communicate by verbal, visual, literary or auditory means an opinion, views or ideas. A "free speech event" includes, but is not limited to, public oratory and the distribution of literature.

(Ord. 29419.)

"Limited special event" means a special event on a plaza, paseo or in a park that involve the placement or erection of equipment or temporary structures that consist of no more than four tables, ten chairs, and a podium.

(Ord. 29419.)

"Parade" means an organized group marching or in procession on a street. The definition of parade does not include races, runs or other athletic contests.

(Ord. 29419.)

"Parade permit" means a permit issued by the chief of police of the San José Police Department or designee authorizing the conduct of a parade.

(Ord. 29419.)

"Park," for purposes of this chapter, means all outdoor areas managed by the department of parks, recreation and neighborhood services which are identified as a city park by the city, made available for use by the public as a park for recreation or open space purposes, and over which the city has the right of use

for such purposes. The term "park" does not include golf courses, outdoor areas adjacent to community centers not otherwise located within a city park, or property owned by school districts even if the property is used by the city for recreational purposes. The term "park" also does not include areas within a city park that the city has designated for use as picnic areas, athletic fields, sports areas, trails and pathways, gardens and bodies of water, the use of which is governed by the permit requirements set forth in Chapter 13.44 of this Code.

(Ord. 29419.)

"Park special use permit" means a permit issued by the director of the department of parks, recreation and neighborhood services or designee to conduct a special event in a park.

(Ord. 29419.)

"Paseo" means a mall designed and used for pedestrian passage between two or more parallel streets in the downtown and which is owned or controlled by the city. The definition of "paseo" includes any adjacent sidewalks.

(Ord. 29419.)

"Paseo/plaza use permit" means a permit issued by the director of economic development or designee to conduct a special event on a paseo or plaza.

(Ord. 29419.)

"Plaza" means a public square or similar open area in the downtown which is owned or controlled by the city. The definition of "plaza" includes any adjacent sidewalks. The term "plaza" does not include city hall plaza, which is addressed in Chapter 13.23 of this Code, or any park which has "plaza" as a part of its name, such as Plaza de Cesar Chavez Park. However, for purposes of this chapter, the term "plaza" includes Gore Park, also known as Parque de los Pobladores.

(Ord. 29419.)

"Regulations" means the policies, rules and regulations governing the use of the city sidewalks, streets, plazas, paseos, and parks that are issued by the city manager.

(Ord. 29419.)

A.

"Simple assembly" means a gathering of persons at a park, plaza or paseo that does not include any of the following:

The placement or erection of equipment or temporary structures other than one portable table and two chairs; or

The other activities referenced in Subsection C. of Section 13.14.164 of this Code.

B.

For purposes of illustration, a simple assembly can be a large gathering in excess of one hundred fifty persons, so long as no equipment or structures (other than a table and two chairs) are placed or erected and the other activities described in Subsection C. of Section 13.14.164 (i.e., cooking, sale or public distribution of food and commercial merchandise) are not involved. Nothing herein prevents the use of handheld equipment, including a loudspeaker, and handheld signs at a simple assembly.

(Ord. 29419.)

"Special event" means an outdoor event that consists of any of the following:

A.

A parade or assembly consisting of persons, animals, vehicles, or any combination thereof, which is to assemble or travel in unison on any street and which does not comply with applicable traffic regulations, laws, or controls;

B.

An organized assemblage of one hundred fifty or more persons at a plaza or park or seventy-five or more persons on the paseo which is to gather for a common purpose under the direction or control of a person; or

C.

An activity or event on a plaza, paseo, or park which involves:

The placement or erection of equipment or temporary structures other than one portable table and two chairs, including but not limited to a booth, tent, canopy, stage, barricade, fencing, generator, heating equipment, sound amplifier, vehicle or float;

The use of live animals, fireworks, pyrotechnics, electrical power and cabling, or equipment or materials that create a substantial risk of damage to public or private property or injury to persons;

Cooking or the sale, preparation for sale or commercial distribution of food or beverages;

The sale of commercial merchandise.

D.

An activity which involves blocking off a street or other use of a street which obstructs the normal traffic thereon.

E.

Examples of special events include, but are not limited to, concerts, parades, carnivals, fairs, festivals, block parties, public dances, street fairs, community events, sporting or athletic events, parties, meals, celebrations and receptions.

(Ord. 29419.)

"Special event permit" means a permit issued pursuant to this chapter, which authorizes the holder to conduct a special event at a special event venue in accordance with its terms and conditions. A special event permit includes a parade permit, a temporary street closure permit, a paseo/plaza use permit, a park special use permit, and a permit that encompasses more than one of the aforementioned special event permits.

(Ord. 29419.)

"Special event venue" means the outdoor area (i.e., street, park, paseo, or plaza) for which a special event permit has been issued.

(Ord. 29419.)

"Street" means a public street used for vehicular traffic that is owned, controlled or maintained by the City. The definition of "street" includes adjacent sidewalks.

(Ord. 29419.)

"Temporary street closure permit" means a permit issued by the chief of police of the San José Police Department or designee to conduct a special event other than a parade on a street.

(Ord. 29419.)