Chapter 18.94 — ASSEMBLAGES OF ONE HUNDRED PEOPLE OR MORE—SPECIAL PERMIT REQUIRED

The City Council of Sand City, State of California, has adopted a zoning ordinance under the provisions of which precise zoning regulations may be applied to any area within the boundaries of the City. The City Council finds:

• A. That the existing zoning ordinance as amended does not provide a comprehensive scheme under which use permits may be granted for activities involving the assemblage within the boundaries of the City of large numbers of persons.

• B. That zoning studies are being conducted by the City Council concerning the use of land and structures thereon for activities involving the assemblage of large numbers of persons.

• C. That the uses hereinafter prohibited may be in conflict with the contemplated zoning proposals which the City Council are considering.

• D. That the assembling of large numbers of people creates problems seriously affecting the public safety, health and welfare.

• E. That due to the necessity for detailed and careful study of regulations governing activities involving the assemblage of large numbers of people considerable time necessarily will elapse before the adoption of such regulations and plan.

• F. That due to mandatory notices and public hearings necessary for the adoption of precise regulations considerable time will elapse before such adoption.

• G. That the regulations set out in this chapter are of an interim or urgency nature and are necessary to be adopted at this time in order to protect the public safety, health and welfare.

• (Ord. 70-66 §1)

As used in this chapter, unless otherwise apparent from the context, words used in the present tense include the future as well as the present, words in the masculine gender include the feminine and neuter and the singular number includes the plural, and the plural the singular. (Ord. 70-66 §2)

• A. No person, firm or corporation shall hereafter, within the boundaries of the City, use or conspire to use any land or erect, construct, or use or conspire to erect, construct or use, any building, structure or enclosure for any activity involving the assemblage, at any one time of more than 100 people, including, but not limited to, concerts, circuses, carnivals, festivals and races, unless and until a special permit therefor shall have been first secured.

• B. Application for such special permit shall be made to the City Council and such council shall have the power to hear and decide applications for, and to issue or deny special permits.

• C. In order to grant any special permit, the findings of the City Council shall be that the establishment, maintenance or operation of the use or building applied for will not under the circumstances of the particular case, be detrimental to health, safety, peace, morals, comfort, and general welfare of persons residing or working in the area affected by such proposed use or be detrimental or injurious to property and improvements in the area affected by such proposed use or to the general welfare of the City. In this regard, the City Council shall require a showing to be made on the part of the applicant as follows:

  1. That through the sale of tickets or other means, the approximate size of the assemblage can be estimated with reasonable certainty so that the adequacy of measures to insure the public safety, health, and welfare, can be determined;

  2. That adequate bathroom facilities will be provided in accordance with recommendations of the Monterey County Health Department;

  3. That adequate provision has been made for the supplying of potable water in accordance with the recommendations of the Monterey County Health Department;

  4. That adequate parking space will be available allowing adequate access to the scheduled activity;

  5. That adequate provision has been made for the collection and disposal of all waste material resulting from the scheduled activity;

  6. That adequate provision has been made for cleaning up after the scheduled activity and for restoring the area to its previous condition;

  7. That the serving of any food or beverage in connection with the scheduled activity is in accordance with the recommendations of the Monterey County Health Department;

  8. That provision has been made for adequate law enforcement of the scheduled activity when it appears that due to the number of persons in attendance, the resources of the Sand City police department may be insufficient to provide proper police protection;

  9. That adequate provision has been made to insure the protection of any plant and animal life within the boundaries of the City that might be endangered by the sudden influx of large numbers of persons;

  10. That adequate provision has been made to insure the protection and preservation of any private property within the boundaries of the City that might be endangered by the sudden influx of large numbers of persons.

• D. The City Council may designate such conditions in connection with the special permit as it deems necessary to secure the purposes of this chapter. The City Council may also require such bond and guarantees be obtained by the applicant or by the owner of any property used in connection with the uses specified herein as it deems appropriate to assure the compliance with the conditions.

• (Ord. 70-66 §3)

• A. It shall be the duty of all officers and employees of the City charged by law with the enforcement of ordinances of the county to enforce all of the provisions of this chapter. Any person, firm or corporation, whether as principal agent, employee or otherwise violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than $500, or by imprisonment in the County jail for a term not exceeding six months or by both such fine and imprisonment. Such persons, firm or corporation shall be deemed to be guilty of a separate offense for each and every day during any portion of which any violation of this chapter is committed by such person, firm or corporation and shall be punishable as herein provided.

• B. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this chapter, and any land, building or premises established, conducted, operated, used or maintained contrary to the provisions of this chapter shall be, and the same is declared to be unlawful and a public nuisance and the City Attorney shall, upon order of the City Council, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law. The remedies provided for herein shall be cumulative and not exclusive.

• (Ord. 70-66 §4)