Part 2 — USE OF OUTDOOR CITY PROPERTY FOR COMMUNITY SPECIAL EVENTS

No person shall conduct or cause to be conducted, participate or engage in, hold, manage, permit, or allow another to conduct a special event in, on or upon any street, paseo, plaza or park unless authorized to do so as follows:

A.

By this chapter or otherwise by this Code;

B.

Pursuant to the terms of a permit, lease or contract which has been entered into by the city in accordance with the provisions of this Code or as specifically authorized by the city council; or

C.

In accordance with a special event permit.

(Ord. 29419.)

The following activities are exempt from the special event permit requirement:

A.

Funeral processions conducted by a licensed mortuary or funeral home on a street in accordance with the provisions of Chapter 11.62 (Private Funeral Escort Services) of Title 11 of this Code;

B.

Activities on a street conducted by a governmental agency acting within the scope of its authorized functions;

C.

A simple assembly on an area of a plaza or park that is open to the public and which has not been reserved for use, provided that the assembly remains in compliance with all regulations applicable to the plaza or park, including but not limited to the capacity limits of the applicable area of the plaza or park.

(Ord. 29419.)

A.

The director is authorized to issue special event permits consistent with this chapter.

B.

The director shall issue special event permits on a first-come, first-served basis to applicants who comply with the permit application procedure and requirements set forth in this chapter and the regulations issued under this chapter.

C.

The director may condition any permit issued pursuant to this chapter with reasonable requirements concerning the time, place or manner of holding the special event as is necessary to coordinate multiple uses of public property, assure preservation of public property and public spaces, prevent dangerous, unlawful or prohibited uses, protect the safety of persons and property and to control vehicular and pedestrian traffic in and around the venue, provided that such requirements shall not be imposed in a manner that will unreasonably restrict expressive or other activity protected by the California or United States Constitutions. Conditions may include, but are not limited to, the following:

The establishment of an assembly or disbanding area for a parade or like event;

The accommodation of a special event's pedestrian and vehicular traffic, including restricting events to city sidewalks, portions of a street, or other public right-of-way;

Conditions designed to avoid or lessen interference with public safety functions and/or emergency access;

The number and type of vehicles, animals, or structures to be displayed or used in the conduct of the special event;

The inspection and approval by city personnel of stages, booths, floats, structures, vehicles or equipment to be used or operated during the special event to ensure that such structures or vehicles are safely constructed and can be safely operated, and conform to the requirements of all applicable codes;

A cleaning and repair deposit if the event includes:

a.

The placement of a booth, tent, canopy, stage, barricade, fencing, generator, heating equipment, float, vehicle, portable restrooms, dumpsters, carnival rides, or any structure or equipment that requires a permit or approval from the city's fire department;

b.

Display or use of animals;

c.

Operation of water stations;

d.

Affixing or applying materials on city property;

e.

Use of fireworks, pyrotechnics, or equipment or materials that create substantial risk of damage to city property;

f.

Sporting events on non-athletic fields; or

g.

Cooking, preparation for sale, or sale of food or beverage.

The provision and use of traffic cones or barricades or traffic control personnel;

The provision or operation of first aid stations or sanitary facilities, including sanitary facilities with disabled access;

The provision of a waste and recycling management plan, and the clean up and restoration of the site of the special event;

The use of sound amplification equipment, and restrictions on the amount of noise generated by motors and other equipment used in the course of the special event;

The manner of providing notice of permit conditions to special event vendors or participants and community notice of the special event to those businesses or residents who may be directly affected by the conduct of the event;

The provision or use of emergency services;

The reasonable designation of alternate sites, times, or dates;

The obtaining of any and all business licenses or other necessary permits required by local and state governmental agencies for the sale or distribution of food, beverage or other goods or services at the special event;

The manner by which alcohol sales and service, if any, shall be conducted at the special event;

The precautions necessary for the protection of wildlife, native plants and sensitive habitats, streams, lakes and waterways within or adjacent to the special event.

(Ord. 29419.)

The city manager is authorized to promulgate rules and regulations consistent with this chapter, and to place reasonable time, place and manner conditions, consistent with this chapter, on special event permits, including without limitation, limits on the number of permits issued per month, the duration of a permit or event, and the times the special event venue is available for event reservation. Nothing herein limits the authority of the director of the department of parks, recreation and neighborhood services to issue regulations applicable to parks under his or her management pursuant to Subsection A. of Section 13.44.030 of this Code.

(Ord. 29419.)

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 of which such person has actual notice, however given, or as to which constructive notice has been given by appropriate sign or notice at the special event venue.

(Ord. 29419.)

A.

An applicant for a special event permit shall pay all fees, deposits and applicable city charges in the amounts and at the prescribed time, as set forth in a resolution of the city council or with regard to the parks, as set forth in the pricing and revenue policy for parks, recreation and neighborhood services adopted by the city manager.

B.

A permittee shall be responsible for the actual costs of cleaning and repairs made necessary by the permittee's use of the special event venue.

C.

Upon conclusion of the special event, the city 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 special event venue made necessary by the permittee's use.

D.

Any person who conducts, organizes, sponsors or produces a special event without obtaining a permit in violation of this chapter shall be responsible for the actual costs of cleaning and repairs to the special event venue and city departmental service charges incurred in connection with or due to the special event.

E.

Any indigent natural person who intends to engage in a free speech event who cannot afford to pay a permit fee shall not be required to pay the fee. Application for indigent status shall be made at the time of permit application and shall be accompanied by such relevant information and documentation as the director determines is reasonably necessary to verify such status. For purposes of this subsection, "indigent natural person" includes, but is not limited to, a person enrolled or participating in a federal or state government assistance program for low-income or indigent persons such as general assistance, CalWORKS, Medi-Cal, food stamps, Supplemental Security Income (SSI), Women, Infants and Children (WIC), U.S. Department of Housing and Urban Development (HUD) Section 8 rental housing subsidy, and other subsidized or public housing. Nothing herein shall exempt an indigent natural person from the requirement to apply for and obtain a permit under this chapter.

(Ord. 29419.)

A.

Each person to whom a special event permit has been granted must agree in writing to indemnify and hold the city, its officers, agents and employees, harmless from and against any and all liability for injury to persons or property occurring as a result of the permitted activity of the permittee and said person shall be liable to the city for any and all damage to city property, facilities and buildings owned or controlled by the

city, which results from any act or omission of the permittee or is caused by any participant in said activity. Additionally, each person to whom a permit is granted must agree in writing to waive all claims or causes of action against the city, its officers, employees or agents which such person may have at any time for damage to or loss of property of any type or form or for injury to persons in, about or upon the permitted or reserved facilities, from any cause or causes arising at any time, except for the active affirmative negligence or willful act of the city, its officers, employees or agents, and to which the person to whom a permit is granted in no way contributed, either actively or passively, to causing such damage, loss or injury, either directly or through any other person, agent, partner, contractor or associate.

B.

The requirement set forth in this section shall not apply to events that are free speech events and do not involve:

The placement or erection of stages, barricades, fencing, booths, tents, canopies, floats, vehicles, generators, heating equipment, portable restrooms, dumpsters, carnival rides, or other structure or equipment requiring a permit or approval from the fire department; and

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

(Ord. 29419.)

A.

As a condition of the special event permit, the permittee shall provide the director with proof of insurance as prescribed in the regulations no later than eight business days prior to the special event, which insurance shall remain in full force and effect throughout the term of the special event permit. The following are excepted from the requirements of this section:

Any special event where the requirement for insurance is prohibited by law;

Any special event where exemption is obtained as provided in the regulations; or

Special events permitted under this chapter that do not involve:

a.

The placement or erection of stages, barricades, fencing, booths, tents, canopies, floats, vehicles, generators, heating equipment, portable restrooms, dumpsters, carnival rides, or any structure or equipment requiring a permit or approval from the fire department; and

b.

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

B.

Notwithstanding the timeframe set forth in Subsection A., when an application for a special event permit may be submitted to the city less than fourteen days prior to the special event under this chapter, the permittee shall provide the director with proof of insurance as prescribed in the regulations no later than two days prior to the special event.

(Ord. 29419.)

A.

An applicant for a special event permit shall file an application on a form provided by the director, which shall contain all of the following information:

A narrative description of the proposed activity, including:

a.

The name of the proposed activity, if any;

b.

Expected attendance numbers;

c.

A description of any proposed food, beverage or alcohol service;

d.

The schedule of events to be included in the activity;

e.

A clean-up plan; and

f.

A security plan and/or public safety plan when required by the regulations.

The proposed special event venue and the specific area or areas thereof which will be utilized in connection with the special event;

Traffic and parking plans;

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 at the special event venue;

The date(s) and the specific times requested for use of the special event venue;

The approximate number of vendors, if any;

For parades:

a.

The parade route to be followed;

b.

Start and termination points;

c.

The location of assembly and disbanding areas; and

d.

The maximum length of the parade components in miles or fractions thereof;

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

A certification that the applicant shall be financially responsible for any city fees, departmental service charges or costs that may lawfully be imposed for the special event;

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 or dates of the special event; and

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

B.

An application shall not be complete until the applicant submits the following items, as applicable, in addition to the completed application form:

The permit fee as prescribed by the schedule of fees established by council resolution or with regard to parks, the fees and charges adopted by the city manager pursuant to the pricing and revenue policy for parks, recreation and neighborhood services; and

The cleaning and damage deposit prescribed by the schedule of fees established by council resolution or with regard to parks, the fees and charges adopted by the city manager pursuant to the pricing and revenue policy for parks, recreation and neighborhood services.

(Ord. 29419.)

A.

An application for a special event permit shall be filed not less than forty-five calendar days before the date on which it is proposed to conduct the Special event, except as provided in Subsections B., C. and D. below.

B.

For a limited special event on a paseo, plaza or park, an application for a special event permit shall be filed not less than five business days before the proposed date of the special event.

C.

For an event on a street that requires a street closure of no more than one block, an application for a special event permit shall be filed not less than ten business days before the proposed date of the special event.

D.

For a parade that does not involve vehicles, floats, or use of equipment other than hand-held equipment, an application for a special event permit shall be filed not less than ten business days before the proposed date of the special event. If such parade is a free speech event planned in response to a contemporaneous public event or decision which could not have been known in advance, a special event permit shall not be required; however, the person conducting, organizing or sponsoring the parade shall provide notice to the San José police department no later than forty-eight hours prior to the commencement of the parade.

E.

The director shall have the authority to consider, grant or deny any application for a special event permit which is filed later than the time prescribed in this section, if good cause is shown and the nature of the application reasonably and feasibly lends itself to expedited processing based on the size, location and duration of the special event, the amount of equipment proposed to be used, and the impact on traffic and on other users and surrounding businesses and residents of the special event venue.

(Ord. 29419.)

The director shall approve, conditionally approve or deny the application for a special event permit within the following timeframes:

A.

No later than twenty business days of the director's receipt of a complete application for a special event, except as otherwise provided in this section.

B.

No later than three business days of the director's receipt of a complete application for a limited special event on a paseo, plaza or park.

C.

No later than five business days of the director's receipt of a complete application for a special event on a street that requires a street closure of no more than one block.

D.

No later than three business days of the director's receipt of a complete application for a parade that does not involve vehicles, floats, or use of equipment other than hand-held equipment.

(Ord. 29419.)

A.

The director shall approve or conditionally approve a special event permit application under this chapter if the director finds that the following criteria have been met:

The proposed use of the property is not governed by or subject to any other permit procedures provided elsewhere in this Code or other applicable laws, rules or regulations;

The special event with sufficient traffic controls and conditions will not create a threat to public safety;

The special event will not conflict with construction in the public right-of-way or at a public facility;

The special event will not require the diversion of public safety or other city employees from their normal duties so as to unreasonably reduce adequate levels of service to any other portion of the city;

The concentration of persons, animals or vehicles will not unreasonably interfere with the movement of police, fire, ambulance, and other public safety or emergency vehicles on the streets;

The special event will not unreasonably interfere with any other special event for which a permit has already been granted or with the provision of city services in support of other scheduled events or scheduled government functions;

The proposed use, event or activity will not have a significant adverse environmental impact;

The proposed use, event or activity does not present a substantial or unwarranted safety, noise or traffic hazard;

The proposed special event will be consistent with the regulations established for each potential venue with regard to:

a.

Size;

b.

Type of activity;

c.

Available time period; and

d.

Frequency of events;

For parades, the parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route; and

The grounds for denial or revocation in Section 13.14.320 are not known to exist.

B.

In determining whether to approve a permit application, no consideration may be given to the message of the event, the content of the speech, the identity or associational relationships of the applicant or its members or affiliates, or to any assumptions or predictions as to the amount of support or hostility which may be aroused in the public by the content of the speech or the message conveyed during the event.

C.

The special event permit shall be deemed issued when the director receives the applicant's written acceptance of the conditions, and the applicant has paid all required fees and deposits.

(Ord. 29419.)

The director shall deny an application for a special event permit or revoke a special event permit if the director finds any of the following:

A.

Fraud, misrepresentation or any false statement contained in the application for a special event permit, including without limitation, in carrying out the special 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 special event permit, including without limitation, failure to timely pay applicable fees and city charges, 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 part of the special event in the permit application or any amendment thereto;

D.

Material misrepresentation or substantial failure to comply with a special event permit issued within two years immediately preceding the date of the permit application;

E.

The special event venue or any substantial portion thereof is not available due to fire, casualty, act of God, maintenance activity or public emergency;

F.

The proposed event will conflict with a previously scheduled event organized by the city for use of the special event venue, or with a special event or other permitted use previously approved to be held at the special event venue;

G.

The proposed event, as designed, will unreasonably impede, obstruct, impair or interfere with reasonable access to adjacent properties and the applicant will not agree to redesign the proposed event so as to allow reasonable access to the adjacent properties;

H.

The special event venue, including but not limited to the proposed areas for assembly or disbanding of parades, cannot physically accommodate the number of participants expected to participate and/or the items necessary or proposed to support the event;

I.

The proposed activity or event will violate a federal, state or local law or regulation;

J.

One or more of the approval criteria specified in Section 13.14.310 is not met.

(Ord. 29419.)

A.

If the director has issued a conditional special event permit, the permit applicant shall submit to the director:

Complete final event plans no later than fourteen business days prior to the first day of the special event; and

Verification that all permit conditions required to date (i.e., fees, insurance, health permits, as applicable) have been met no later than eight business days prior to the first day of the special event.

B.

Upon receipt of the final event plans and verification that permit conditions have been met consistent with Subsection A. above, the director shall issue written confirmation that such conditions have been met in the form of a final special event permit or other written confirmation. The final special event permit or confirmation shall be issued no later than five business days after receipt of the final event plans and verification of compliance with permit conditions or two business days prior to the first day of the special event, whichever occurs earlier.

C.

The director of the office of cultural affairs, or such other office or department designated by the city manager, is authorized to issue the final special event permit or written confirmation for special events encompassing multiple special event venues.

D.

If the permit applicant does not submit verification that the permit conditions have been met within the applicable deadline specified in this section, the conditional special event permit will be deemed revoked.

E.

The director shall have the authority to extend the deadline for submission of final event plans or verification of permit conditions if good cause is shown and the nature of the special event permit reasonably and feasibly lends itself to expedited processing based on the size, location and duration of the special event, the amount of equipment proposed to be used, and the impact on traffic and on other users and surrounding businesses and residents of the special event venue.

(Ord. 29419.)

A.

The director shall notify an applicant in writing of the director's decision to approve, conditionally approve or deny the application for a special event permit or to revoke a special event permit, if the revocation is prior to the date of the proposed activity.

B.

The notice of decision shall state the reasons for any conditions or the grounds for denial of the application or revocation of the special event permit and shall notify the applicant or permittee of the hearing

opportunity pursuant to Section 13.14.340.

C.

Notification shall be deemed satisfied and issued when the notice is placed, postage prepaid, in the United States mail, and addressed to the applicant at the address shown on the permit application, with a copy sent by email at the email address shown on the permit application.

D.

If the notice of decision to revoke, deny or impose conditions on a special event permit is issued twenty or more business days prior to the proposed event, 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.

E.

If the notice of decision to revoke, deny or impose conditions on a special event permit is issued fewer than twenty business days, but more than three business days prior to the proposed event, a written 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.

F.

If the notice of decision to revoke, deny or impose conditions on a special event permit is issued three or fewer business days prior to the proposed event, the notice of decision shall notify the permittee or applicant of the time, date and location of the hearing.

G.

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. 29419.)

A.

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

B.

The hearing before the city manager shall be held within the following time frames:

Ten business days after receipt of the request for hearing, if the proposed event is to occur twenty or more business days after timely receipt of the request for hearing; or

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

If the proposed event is to occur three or fewer business days after the director'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 event. 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 special event permit. A written notice of final decision shall be placed, postage prepaid, in the united states mail, addressed to the permittee or applicant at the address shown on the permit application.

E.

The decision of the city manager shall be final except for judicial review by petition for writ of mandate pursuant to Section 1.16.010 of this Code.

(Ord. 29419.)

A copy of the special event permit shall be exhibited upon demand of any city official.

(Ord. 29419.)

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 special event permit, the permittee shall apply for an amendment to the special event permit.

B.

A special event permit amendment application must be filed with the director no later than ten business days in advance of the special event.

C.

The director shall grant, deny, or approve with modifications, the special event permit amendment no later than five business days of receipt of the amendment application.

D.

The notice of decision and hearing provisions set forth in Sections 13.14.330 and 13.14.340 also shall apply to applications for special event permit amendments.

(Ord. 29419.)

A.

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

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

The permittee is in violation of the provisions of this chapter, the regulations, or the terms of the special event permit.

B.

The grounds for revocation shall be communicated at the time notice is provided.

C.

The permittee, immediately upon receipt of the notification that the special event permit has been revoked, shall cease the activity and shall commence with restoring the special event venue to its condition prior to the activity.

(Ord. 29419.)

A.

It shall be unlawful for a person to place any booth, table, chair, stool, structure, vehicle, or piece of equipment in any area for which a special event permit has been issued, without the consent of the permittee.

B.

This section shall not apply to persons acting under the direction and control of the city.

(Ord. 29419.)