San Marino Municipal Code Art. 08 Parades and Public Events on Public Property

A. People may gather on sidewalks and the Huntington Drive medians for the purpose of expression, dissemination, or communication of opinion, views, or ideas by any means, including, but not limited to, public oratory and expressive activities protected by the first amendment to the United States constitution ("expressive activities"), on any day and at any time in accordance with this article and without a permit and without being subject to any city fees or charges.

1. The medians on Huntington Drive provide the best location for persons to gather for expressive activities. The city of San Marino is a primarily residential community. It has limited parks and public areas and those areas do not have sufficient parking to provide for significant gatherings. Huntington Drive is a large street with three (3) lanes of traffic in each direction, curbside parking and a median with grass and trees, approximately sixty feet (60') wide and approximately 2.9 miles from the east to the west boundaries of the city (the "Huntington Drive median" or "Huntington Drive medians"). The medians on Huntington Drive provide a parklike setting with visibility and access from Huntington Drive. Parking is available on Huntington Drive.

2. Persons shall not use those portions of the Huntington Drive median areas that are within one hundred feet (100') from the curb of signalized intersections on Huntington Drive while gathering on the medians. Such areas near signalized intersections must remain clear of pedestrians in order to reduce traffic hazards for the pedestrians and traffic on Huntington Drive. Additionally, such areas contain left turn lanes and width of the median is greatly reduced in these areas.

3. The Huntington Drive medians are not the only public areas within the city available for expressive activities but they do provide adequate space and parking for such activities and can accommodate expressive activity without the need for a public events permit.

4. People gathering on the Huntington Drive medians and sidewalks for expressive activities shall comply with all applicable laws and ordinances and traffic and pedestrian laws and ordinances, including, without limitation, the targeted residential picketing ordinance in chapter XIV, article 17 of this code.

5. Persons gathering on sidewalks for any purposes shall not sit, stand, or act in such a way as to obstruct the ability of persons to use the sidewalk for passage and shall not sit, stand or act in such a way as to prevent full compliance with all access requirements under the Americans with disabilities act or its regulations and similar state and local legislation.

B. Expressive activities on a street or public place not described in subsection A of this section, shall require a public events permit under this article. Such events could create safety hazards for participants and disrupt traffic and activities in the areas surrounding the event. The public events permit process under this article will enable the city manager and the event organizer to mitigate these potential concerns in the manner specified in this article.

C. This article shall not amend or otherwise modify section 23.02.31 of this code relating to special events on private property. (Ord. 0-12-1267, 10-10-2012)

As used in this article, the following words shall have the meanings set forth in this section unless the context clearly requires a different meaning:

BLOCK PARTY: A public event in which one or more blocks in a single-family residential neighborhood are closed for the purpose of a public event for the persons residing in that neighborhood.

BUSINESS DAY: A day in which the city hall of the city of San Marino is open for business with the public.

CITY MANAGER: The city manager of the city of San Marino and his/her designee.

DEPARTMENTAL SERVICES CHARGES: The actual costs that a department of the city incurs in connection with activities for which a public event permit is required under this article; including, but not limited to, costs associated with fire safety, traffic and/or pedestrian control, the closure of streets or intersections, the diverting of traffic, the salaries of city personnel involved in administration or coordination of city services for the event, the cost to the city to provide support personnel, equipment, materials, and supplies, and related city costs such as administrative overhead, employee benefits or employee overtime.

EVENT ORGANIZER: Any person who conducts, manages, promotes, organizes, or solicits attendance for a public event.

EXPRESSIVE ACTIVITY: Conduct, of which the sole or principal object is the expression, dissemination, or communication of opinion, views, or ideas by any means; including, but not limited to, public oratory and expressive activities protected by the first amendment to the United States constitution.

PARK: Any city park except that park does not include a city recreational facility or library or designated park maintenance areas including, without limitation, San Marino Library, San Marino Community Center, or The Old Mill.

PERSON: Any natural person, firm, association, joint venture, joint stock company, limited liability company or partnership, partnership, organization, club, company, corporation, business trust, or manager, lessee, agent, servant, officer or employee or any of these.

PUBLIC EVENT:

A. Except as otherwise provided in section 16.08.01 of this article for those certain expressive activities, any organized formation, procession, or assembly of persons, animals, vehicles, or any combination thereof, that assembles or travels in unison on any sidewalk, or other public right of way owned or controlled by the city, state of California or county of Los Angeles, other than a street, consisting of seventy five (75) or more persons; or

B. Any organized formation, procession or assembly of persons, animals, vehicles, or any combination thereof, that assembles or travels in unison for any purpose, including expressive activities, on any street; or

C. Except as otherwise provided in section 16.08.01 of this article for those certain expressive activities, any other organized activity involving fifteen (15) or more persons conducted by a person for a common or collective use, purpose or benefit which activity involves the use of a park, public property or public facilities and which may require the provision of city public services for street blockage, erecting barriers, construction, traffic control, crowd control.

Examples of public events include, but are not limited to: concerts, parades, circuses, fairs, festivals, block parties, street fairs, community events, mass participation sports (such as marathons and other running events), athletic or sporting events, and community celebrations and observances conducted on public property or public rights of way, other than expressive activities on the Huntington Drive medians.

PUBLIC EVENT PERMIT: A permit issued pursuant to this article.

SIDEWALK: That portion of a street or highway, other than the roadway, set apart for pedestrian travel by curbs, barriers, markings, or other delineation or designation. On those streets with no areas set apart for pedestrian travel by curbs, barriers, markings or other delineation, all persons shall use the thirty six inches (36") nearest each edge of the improved street for pedestrian travel.

SPONTANEOUS EVENT: Any public event involving expressive activity that is occasioned by news or affairs coming into public knowledge within five (5) days of public event.

STREET: A way or place of whatever nature, publicly maintained and open to use of the public for purposes of vehicular travel, including highways, roads, or alleys, owned or controlled by the city, state of California, or county of Los Angeles. (Ord. 0-12-1267, 10-10-2012)

A. Public Event Permit Required: Except as otherwise provided in section 16.08.01 of this article for certain expressive activities, no person shall conduct, cause to be conducted, participate or engage in, hold, manage, permit, or allow another to conduct a public event without first having obtained a written public event permit issued by the city manager pursuant to the procedures established in this article.

B. Authority Of City Manager To Approve Sale And/Or Use Alcoholic Beverages: The city manager may approve and permit the sale or use of alcoholic beverages in public areas in connection with a public event permit, even where such sale or use is otherwise prohibited by this code, provided that such sale or use shall, at all times, comply with all other applicable provisions of law and the terms of the public event permit.

C. Authority Of City Manager To Close Streets: Pursuant to Vehicle Code section 21101(e) and other applicable law, the city council hereby designates the city manager as the city employee with authority to temporarily close a portion of any street for celebrations, parades, public events, and other purposes when, in the opinion of the city manager, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing. This authority exists whether or not the closure is in connection with a permit issued under this article.

D. Traffic Control Plan Required: A traffic control plan shall be required if the applicant proposes to close or partially close any traffic lanes within a street. The traffic control plan shall be submitted by the applicant and approved by the city manager in accordance with the public works department's "Guidelines For Preparation Of Traffic Control Plans" or, if such guidelines have not been adopted, the latest edition of the "California Manual Of Temporary Traffic Controls For Construction And Maintenance Work Zones" published by Caltrans. (Ord. 0-12-1267, 10-10-2012)

A. Exempt Activities: The following activities are exempt from the public event permit requirement:

• 1. Certain expressive activities as provided in subsection 16.08.01A of this article.
• 2. Spontaneous events subject to the provisions of subsection B of this section.
• 3. Events in rooms or facilities rented to the public in city facilities.

4. Special events on private property subject to the requirements of section 23.02.31 of this code.

• 5. Funeral processions by a licensed mortuary or funeral home.
• 6. Activities conducted by a government agency acting within the scope of its authority.
• 7. Filming activities governed by the other provisions of this code.

B. Spontaneous Events:

1. Spontaneous events held on a sidewalk or the Huntington Drive medians do not require any permits (see section 16.08.01 of this article).

2. If a spontaneous event is to be held on a street or city facility other than a sidewalk or the Huntington Drive medians, the organizers thereof shall give written notice to the city manager at least twenty four (24) hours prior to such parade or assembly. Such written notice shall contain all of the following information:

a. The name, address, and telephone number of the event organizer, who shall be considered a permittee for the purposes of this section;

b. The name, address, and telephone number of the headquarters of the event organizer and, if an organization is an event organizer, the responsible head of such organization;

c. The name, address, and telephone number of the person who will chair the spontaneous event and who will be responsible for its conduct;

d. The location and date of the proposed spontaneous event, including the assembly area, disbanding area, and route to be traveled;

e. An estimate of the approximate number of persons who will be participating in the spontaneous event and an estimate of the approximate number of persons who will be observing the parade or assembly;

f. The time at which the spontaneous event will start and conclude; and

g. The type of security or other arrangements that will be provided to assure that participants are properly directed.

3. The city manager may impose reasonable time, place, and manner restrictions on spontaneous events in a street as provided in section 16.08.06 of this article whether or not said activities are governed by the permit requirements set forth in this article.

4. The city manager may deny permission to conduct a spontaneous event if the city manager makes a finding authorizing denial pursuant to section 16.08.06 of this article.

a. Such finding by the city manager shall be made no later than six (6) hours before the scheduled start time for the event. If the city manager denies permission for a spontaneous event, the city manager shall immediately provide notice of the denial, including the reason or reasons for the denial, by telephone to the event organizer, and shall also provide written notice of the denial including the reason for the denial. If the event organizer provides a fax number for the purpose of receiving notices, the city manager shall provide written notice of the denial by fax immediately upon making the denial decision.

b. In lieu of denial, the city manager may propose to the event organizer an alternative time, route, venue, or manner of conducting the activity that would be acceptable to the city and that would obviate any finding made pursuant to section 16.08.06 of this article. (Ord. 0-12-1267, 10-10-2012)

A. Filing Of Application: The application for a public event permit under this article shall be filed with the city manager.

B. Time For Filing Application: Applications shall be filed not less than sixty (60) calendar days, nor more than one year before the time it is proposed to conduct the public event; except for the following:

1. Applications for block parties shall be filed at least ten (10) working days prior to the event.

2. Applications for public events involving expressive activities in a street shall be filed no earlier than one year before the event and no later than ten (10) working days before any event to take place on a street or public facility other than a sidewalk or park.

C. Waiver Of Appeal: If an applicant for an event involving an expressive activity or block party desires to ensure the opportunity for an appeal to the city council in accordance with subsection 16.08.12A of this article, the application shall be filed with the city manager not less than thirty (30) calendar days, nor more than one year before the time when it is proposed to conduct the event. Failure to file the application at least thirty (30) days prior to the proposed activity shall be deemed to be a waiver of an appeal to the city council and in that event the decision of the city manager shall be final and the event organizer or other aggrieved person may file or cause to be filed a petition for writ of mandate in state court regarding the validity of the city manager's decision to grant or deny the application.

D. Application Fee: Any permit fee, application fee, daily fee, and other additional fee (other than departmental services charges) for the use of city streets or other city owned or controlled property pursuant to this article shall be established by the city council by resolution. As provided in section 16.08.01 of this article, an application fee shall not be charged for certain expressive activity on a sidewalk, street, or Huntington Drive medians. The applicable permit fee shall be paid at the time the application is filed and the application shall not be accepted unless the permit fee has been paid.

E. Authority To Accept Late Application: The city manager shall have the authority, if good cause is shown and the nature of the application reasonably and feasibly lends itself to expedited processing, to consider, grant, or deny any application filed later than the time prescribed in this section.

F. Determination Of Completeness Of Application: Except as otherwise provided by this code, the city manager shall determine whether or not a public event permit application is complete within ten (10) business days. In the case of an event involving expressive activity, the city manager shall determine whether or not such application is complete within twenty four (24) hours. Notwithstanding the city manager's acceptance of a completed application, no public event date shall be considered confirmed until a public event permit is issued.

G. Information Required In Application: Public event permit applications shall be upon a form furnished by or acceptable to the city manager and shall contain full, complete, and detailed information including, but not limited to, the following as may be applicable to the public event:

1. The name, address, and telephone number of the event organizer;

2. Except as provided in section 16.08.01 of this article, a certification that the event organizer shall be financially responsible for any city fees, departmental services charges or costs that may lawfully be imposed for the event;

3. The name, address, and telephone number of the event organizer, if any, and the chief officer of the event organizer;

4. If the public event is to be held by, on behalf of, or for any organization other than the event organizer, the event organizer shall file a written communication from such organization:

a. Authorizing the event organizer to apply for the public event permit on its behalf; and

b. Certifying that the event organizer and its principal shall be financially responsible for any city fees, departmental services charges or costs that may lawfully be imposed for the event;

5. A copy of the tax exemption letter issued for any applicant claiming to be a tax exempt nonprofit organization;

6. A statement of the purpose of the public event;

7. A statement of any fees to be charged to participants or spectators in connection with the public event;

8. The proposed location of the public event including a plot plan depicting the placement of temporary structures or facilities on public property or public rights of way;

9. The date and times when the public event is to be conducted;

10. The approximate times when assembly for, and disbanding of, the public event is to take place;

11. The proposed locations of the assembly or production area;

12. In the case of a parade, marathon, or other similar event, the specific proposed site or route, including a map and written narrative of the route;

13. The proposed location for any disbanding area;

14. Proposed alternate routes, locations, or times, where applicable;

15. The approximate number of persons, animals, or vehicles that will participate in the public event;

16. The kinds of animals anticipated to be part of the public event;

17. A description of the types of vehicles to be used in the public event;

18. The number of bands or other musical units and the nature of any equipment to be used to produce sounds or noise;

19. Other equipment or services necessary to conduct the public event with due regard for participant and public health and safety;

20. The number of persons proposed or required to monitor or facilitate the public event and provide spectator or participant control and direction for events using city streets, sidewalks, or facilities;

21. Provisions for first aid or emergency medical services, or both, based upon event risk factors;

22. Except as provided in section 16.08.01 of this article, insurance information;

23. Any public or unusual requirements that may be imposed or created by virtue of the proposed event activity;

24. Traffic control plan as required by section 16.08.03 of this article;

25. Any other information reasonably required by the city manager. (Ord. 0-12-1267, 10-10-2012)

A. Time For Decision: Completed applications for a permit authorizing a public event shall be denied, approved, or conditionally approved by the city manager within thirty (30) calendar days after the city manager determines that the application is complete. Completed applications for a permit involving expressive activity shall be denied, approved, or conditionally approved by the city manager within five (5) business days after the city manager determines that the application is complete. In the case of public event permit involving expressive activity on a street, the city manager shall promptly attempt to notify the applicant orally, and provide written notification to the applicant as soon as it is reasonably practical to do so. Such notice shall provide detailed facts and reasons for any denial or conditional approval. The city manager shall consult with the city attorney before denying or conditionally approving a permit involving "expressive activity" (including all activities wherein the applicant claims or contends that the proposed event involves expressive activity) as that term is defined in this article.

B. Conditions Of Approval: The city manager may approve any public event permit with reasonable conditions concerning the time, place, or manner of holding such event as is necessary to coordinate multiple uses of public property, assure preservation of public property and public places, prevent dangerous, unlawful or impermissible 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 activity protected by the California or United States constitutions. Conditions imposed by the city manager may include, but are not limited to, the following:

1. The establishment of an assembly or disbanding area for a parade or similar event;

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

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

4. Limiting the number and type of vehicles, animals, or structures to be displayed or used in the event;

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

6. A cleaning deposit if the event includes using structures, displaying or using horses or other large animals, operation of water stations, food distribution or sales, beverage distribution or sales, and/or sale of other goods or services;

7. The provision and use of traffic cones or barricades;

8. The provision or operation of first aid stations or sanitary facilities, including handicap accessible sanitary facilities;

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

10. Limits on the use of sound amplification equipment or restrictions on the amount of noise generated by motors and other equipment used in the course of the event;

11. Provision of reasonable notice of permit conditions to event participants and to those businesses or residents who may be directly affected by the conduct of the event;

12. The provision or use of emergency services;

13. The reasonable designation of alternate sites, times, dates, or modes for exercising expressive activity;

14. The obtaining of any and all business licenses or other necessary permits required by this code for the sale of food, beverage, or other goods or services at the event;

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

16. Implementation of a traffic control plan approved pursuant to subsection 16.08.03D of this article.

C. Specific Grounds For Approval: The city manager shall issue a permit under this article if the city manager finds that the following criteria have been met:

1. 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;

2. The event will not substantially interrupt the safe and orderly movement of aerial navigation;

3. The event will not substantially interrupt public transportation or other vehicular and pedestrian traffic in the area of its location;

4. The event will not conflict with construction or development in the public right of way or at a public facility;

5. The 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;

6. 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;

7. The event will not unreasonably interfere with any other public 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;

8. The event will not have an unmitigatible adverse impact upon residential or business access and traffic circulation in the same general venue area;

9. The event will not adversely affect the city's ability to reasonably perform municipal functions or furnish city services;

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

11. That in the case of a block party or other similar neighborhood event, the applicants have submitted a petition in favor of the event which has been signed by individuals representing at least sixty six percent (66%) of the households on the block affected by the permit;

12. That the provisions of sections 16.08.07 and 16.08.08 of this article, if applicable, have been or will be satisfied.

D. Specific Grounds For Denial: The city manager may deny any application for a public event permit or revoke any such permit if the city manager finds any of the following:

1. The permitted event or activity will unreasonably disrupt traffic within the city; or

2. The permitted event or activity will unreasonably interfere with access to police or fire stations, or other public safety facilities; or

3. The location of the event or activity will cause undue hardship to adjacent businesses or residents; or

4. The permitted event or activity will require the diversion of so many public employees that allowing the event would unreasonably deny service to the remainder of the city; or

5. The application contains incomplete, false or misleading information; or

6. The city manager is unable to make all of the relevant findings pursuant to subsection C of this section; or

7. The applicant fails to comply with all terms of this article including failure to remit all fees and deposits, or fails to provide proof of insurance and/or an indemnification agreement as required by this article; or

8. The event is proposed for a time and place for which another event permit has been or will be issued to a prior applicant; or

9. The proposed area for the assembly or for the set up or dispersal of a parade or demonstration could not physically accommodate the number of participants expected to participate in the assembly, parade or demonstration; or

10. The parade, assembly or demonstration is proposed to take place on the roadway portion of any street in a commercial or retail zone between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) A.M. or between the hours of four o'clock (4:00) P.M. and six thirty o'clock (6:30) P.M., Monday through Friday, unless the parade, assembly or demonstration will occur on a national holiday; or

11. The parade, assembly or demonstration will violate any federal, state or local law or regulation; or

12. The applicant is legally incompetent to contract or to sue and be sued; or

13. The applicant or the person or entity on whose behalf the application for permit was made has on prior occasions damaged city property and has not paid in full for such damage, or has other outstanding and unpaid debts to the city; or

14. The proposed event would present an unreasonable danger to the health or safety of the applicant, spectators, city employees, or members of the public; or

15. The applicant has not complied or cannot comply with applicable licensure requirements, ordinances or regulations of the city concerning the sale, offering for sale, or distribution of any goods or services.

E. No Consideration Of Content: In determining whether to approve, deny, or revoke a public event permit, no consideration may be given to the message of the event, the content of the speech, the identity or associational relationships of the event organizer or its members or affiliates, or to any assumptions or predictions as to the amount of hostility which may be aroused in the public by the content of the speech or the message conveyed during the event.

F. Referral To City Departments: The city manager may refer a public event permit application to such appropriate city departments as the city manager deems necessary from the nature of the application for review, evaluation, investigation, and recommendations by the departments regarding approval or disapproval of the application.

G. False Or Misleading Statements: The city manager may deny any application for a permit or revoke any permit if the city manager determines that the event sponsor or any agent, employee or associate of any such event organizer has wilfully made any false or misleading statement in an application or has not fully complied with the requirements of this article or has violated any of the provisions of this article or the provisions of any other applicable law, rule or regulation.

H. Notice Of Decision: An event organizer whose permit application is denied, or whose permit is revoked, pursuant to this section shall be immediately notified of the action of denial or revocation, which notification shall contain a statement setting forth the reasons for said denial or revocation as well as a reference to the appeal provisions set forth in section 16.08.12 of this article. Notification, pursuant to this subsection, shall be deemed satisfied when the notice is placed, postage prepaid, in the United States mail, certified mail, return receipt requested, and addressed to the applicant at the address shown on the permit application.

I. Term Of Permit: No public event permit issued under this article shall be for a period of more than two (2) consecutive days except as otherwise provided in this subsection. Notwithstanding the foregoing, the city manager shall, upon timely application by a permittee, extend the duration of any public event permit for one additional period of not more than three (3) consecutive days if the city manager finds that all criteria set forth in this section are being met and will continue to be met during the period of term extension.

J. Park Permits: The grounds for approval, denial and conditional approval set forth in this section and the requirements of section 16.08.08 of this article shall also govern the approval, denial and conditional approval of a permit under sections 17.03.01 and 17.03.03 of this code that involve expressive activities. (Ord. 0-12-1267, 10-10-2012)

A. Not Applicable To Certain Activities: The provisions of this section shall not be applicable to:

1. Expressive activities as specifically provided in section 16.08.01 of this article.

2. Nonprofit groups with federal internal revenue code section 501(c)(3) tax exempt status that provide programs or services for people within the city.

3. Government entities.

B. Indemnification Required: Except as otherwise provided in this section, each permit shall expressly provide that the permittee agrees to defend, protect, indemnify and hold the city and its officers, employees, volunteers and agents ("indemnified parties") free and harmless from and against any and all claims, damages, expenses, loss or liability of any kind or nature whatsoever arising out of, or resulting from, the alleged acts or omissions of permittee, its officers, agents or employees in connection with the permitted event or activity; and the permit shall expressly provide that the permittee shall, at permittee's own cost, risk and expense, defend any and all claims or legal actions that may be commenced or filed against the indemnified parties, and that permittee shall pay any settlement entered into and shall satisfy any judgment that may be rendered against the city, its officers, agents or employees as a result of the alleged acts or omissions of permittee or permittee's officers, agents or employees in connection with the uses, events or activities under the permit.

C. Insurance Required: Except as otherwise provided in this section, concurrent with the issuance of a permit under this article and as a condition precedent to the effectiveness of the permit, the permittee shall procure and maintain in full force and effect during the term of the permit insurance as prescribed in regulations issued by the city manager. If the city manager determines, after consultation with the city's risk manager and the city attorney, that a particular public event does not present a substantial or significant public liability or property damage exposure for the indemnified parties, the city manager shall give a written waiver of some or all insurance requirements of this section.

D. Block Parties: The applicant for a public event permit for a block party shall not be required to indemnify the city for potential injuries that may occur at the block party. The applicant for the public event permit for a block party shall, however, be required to provide the insurance required by this section through his or her own purchase of such a policy or through the payment of a fee for city provided insurance. (Ord. 0-12-1267, 10-10-2012)

A. Not Applicable To Expressive Activities: The provisions of this section shall not be applicable to expressive activities as specifically provided in section 16.08.01 of this article.

B. Applicant To Pay For Departmental Charges: In addition to the payment of the nonrefundable permit application fee, a public event permittee shall pay the city for all city departmental services charges incurred in connection with or due to the permittee's activities under the permit. Additionally, if city property is destroyed or damaged by reason of permittee's public event, the permittee shall reimburse the city for the actual replacement or repair cost of the destroyed or damaged property.

C. Time For Final City Invoices: City departments shall submit the final invoices and billings for departmental services charges to the city manager or no later than twenty (20) business days after the event giving rise to the issuance of a permit.

D. City's Cosponsorship Of A Public Event:

1. The city council shall decide whether the city will cosponsor a public event and, if so, the extent to which the city will participate in the funding of the costs of the event, fees, or department service fees based on the following factors: a) advertisement and promotion of the city in a positive light; b) encouragement of visitors and customers to the city or to a portion of the city; c) recreational, cultural and educational opportunities for persons in the city; and d) similar public purposes.

2. If the council decides to cosponsor a public event, the city shall enter into a sponsorship agreement with the permittee. The city manager is authorized to enter into a cosponsorship agreement on behalf of the city with permittee for a public event describing the city's contributions to the public event in an amount not to exceed that specified by the council in the city budget or as specifically authorized by the city council.

E. Time For Payment Of Deposit And City Department Service Charges: Unless otherwise authorized by the city manager in writing, at least five (5) business days prior to a public event permitted under this article, the applicant shall pay to the city a deposit in an amount sufficient to cover the total estimated city departmental services charges that the city manager estimates will be incurred in connection with the permit. Said deposit shall be paid in cash or other adequate security as determined by the city manager. If the deposit is less than the final charges calculated pursuant to this section, the permittee shall pay the difference to the city within ten (10) business days of being invoiced for such charges from the city. If the deposit is more than such final charges, the city shall refund the difference to the permittee within the sixty (60) days after the event. (Ord. 0-12-1267, 10-10-2012)

If a permittee is unable to hold or conduct a public event due to inclement weather or some other cause not within the permittee's control, and the permittee submits a written request for the refund of such fees to the city manager's office within ten (10) days after the date that the use, event or activity was to have been held or conducted, the city manager may authorize the refund of the fees or a pro rata portion thereof, except for actual costs incurred by the city at the time of cancellation and the nonrefundable application fees, which have been paid by the permittee to the city in connection with a permit issued under this article. (Ord. 0-12-1267, 10-10-2012)

It is unlawful for any person to obstruct, impede or interfere with any authorized assembly, person, vehicle or animal participating in a public event for which a public event permit has been issued. (Ord. 0-12-1267, 10-10-2012)

Violation of the provisions of this article may be enforced pursuant to the enforcement provisions set forth in chapter I of this code. (Ord. 0-12-1267, 10-10-2012)

A. Except as provided in this article, any person aggrieved by any decision of the city manager made pursuant to this article may appeal such decision to the city council by filing a written notice of such appeal with the city clerk within ten (10) business days of the decision of the city manager giving rise to said appeal. Such appeal shall set forth, with particularity, the facts upon which the appeal is being made. The city council shall, within sixty (60) days of receiving such notice of appeal, hold a hearing. At such hearing, the aggrieved party is entitled to be heard and present evidence on his/her behalf. The city council shall determine the merits of the appeal, and the city council's determination to grant or deny the appeal shall be final. When the necessity for a timely response so requires, the city council may refer the matter to a hearing officer.

B. Alternatively to the provisions of subsection 16.08.05E of this article, any applicant for a public event permit who is engaging in or intends to engage in "expressive activity" as defined in this article and who is aggrieved by decision of the city manager made pursuant to this article may, at his/her election, appeal to the city council in accordance with this section. However, any appeal taken pursuant to this section may, by necessity, involve the postponement or delay of the activity for which a permit is sought. (Ord. 0-12-1267, 10-10-2012)

The city manager is authorized to promulgate additional administrative policies, rules and regulations that are consistent with and that further the provisions set forth within this article and the provisions of law that pertain to the conduct and operation of a public event. (Ord. 0-12-1267, 10-10-2012)

It is unlawful for any event organizer to use in the title of the event the words "The City of San Marino" or "City of San Marino", or facsimile of the seal or logo of the city of San Marino without city council's prior written authorization. (Ord. 0-12-1267, 10-10-2012)