Article 10-10

SPECIAL EVENT PERMIT

Sections:

For the purposes of this Article, the following words shall have the meanings respectively ascribed to them in this Section, unless the context or the provision clearly requires otherwise:

(a) Parade means a march, procession, motorcade or walk upon any public highway, street, alley or sidewalk in the City. The term "parade" as used in this Article, does not include a funeral procession consisting of a single direct movement from a mortuary or church to a place of burial.

(b) Footrace means an event generally open to members of the public and sponsored by a person, organization or group, wherein the participants bike, run or walk following an established route over public highways, streets, alleys or sidewalks within the City.

(c) Festivity means a fair, exhibition, ceremony, art show, program, celebration or other public assemblage of people for the conduct of an event, involving the complete or partial use or closure of any public highway, street, alley, sidewalk or other public property in the City to normal vehicular or pedestrian traffic.

(d) Block party means a festivity on street in a residential district requiring the temporary closure of a single block or portion of that street for not more than twelve hours that is:

(1) Organized by residents who live on the specific residential street where the event is taking place;

(2) A neighborhood gathering open to the public and to which all residents of residential structures facing the portion of the street to be closed have been invited;

(3) Expected to have attendance of one hundred or fewer people; and

(4) Not advertised to the general public.

(e) Special event means a parade, footrace or festivity that is likely either (1) to have more than one hundred participants, (2) to interfere with the free use of the public right-of-way by others, or (3) to not comply with traffic regulations, as such terms are defined in this Section.

(Ord. 71-145 § 1 (part), 1994; Amended by Ord. No. 294, § 1.C.4., 9-5-2012; Ord. No. 320, § 1.D.8.a, b, 11-5-2014)

(a) No person shall hold, conduct, carry on or cause to be held, conducted or carried on any special event in the City without first having obtained from the City a permit to do so issued pursuant to this Article.

(b) No person may engage in any of the following activities:

(1) Participate in a special event for which a permit has not been issued.

(2) Participate in a permitted special event in violation of the terms of the permit.

(3) Participate in a permitted special event without the consent of the permittee.

(4) Unlawfully interfere with the orderly conduct of a permitted special event.

(5) Sell or offer for sale on public streets, sidewalks or rights-of-way any goods, wares or merchandise from vehicles, wagons, pushcarts, stalls, booths or other methods, during or in connection with a permitted special event, unless such sales activity is conducted pursuant to and in accordance with the terms and conditions of the special event permit and with the authorization of the permittee.

(Ord. 71-145 § 1 (part), 1994; Amended by Ord. No. 294, § 1.C.4., 9-5-2012)

(a) Applications for a permit to conduct a special event shall be filed with the City Manager at least forty days in advance of the proposed event, unless:

(1) The applicant demonstrates good cause for a shorter time period. The City Manager shall not con-

(Saratoga Supp. No. 44, 12-18)

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sider the viewpoint of the permit applicant in determining whether an applicant has demonstrated good cause; or

(2) The special event involves only non-commercial, expressive activity that is protected by the First Amendment of the United States or Article 1, Sections 2 and 3 of the State Constitution. An application for a permit to conduct a special event that consists of such expressive activity shall be filed with the City at least two days in advance of the proposed event.

(b) The application shall contain the following information:

(1) Name, address and description of the sponsor for the event, together with the name, address and telephone number of the contact person representing such sponsor.

(2) Description of the nature and purpose of the special event to be conducted.

(3) Estimated number of participants and, if a parade, the number and types of vehicles, floats, bands, marching units and animals to participate.

(4) Date of the event and the hours during which it will be conducted.

(5) Proposed route or area to be occupied and a statement as to whether the special event will occupy all or only a portion of the streets on which the event will be conducted.

(6) Proposed method of handling vehicular and pedestrian traffic, including routes over which any traffic is to be diverted.

(7) Proposed sanitary facilities, if any are to be used,includingtoiletfacilities,andtheproposedmethod of sewage and refuse disposal.

(8) If food is to be sold or otherwise distributed, the procedure to be followed in the handling and preparation of such food.

(9) Description of any sales activity to be conducted upon public streets, sidewalks or rights-of-way, including the estimated number of street vendors, the nature, size and location of any booths or stalls, and a description of any vehicles, wagons, pushcarts or other mobile units to be utilized in connection with the sales activity.

(10) Number,typesandlocationsof allloudspeakers or other sound amplifying devices to be used.

(11) Number, type, size, and location of all signs associated with the event, including the time frame in which the signs will be erected.

(12) Method of notifying participants prior to the event of the terms and conditions of the permit.

(13) Such other information as reasonably requested by the City Manager pertaining to the manner in which the proposed event will be conducted.

(c) The application for any event other than a block party shall be accompanied by the payment of a nonrefundable processing fee in such amount as may be established from time to time by resolution of the City Council.

(Ord. 71-145 § 1 (part), 1994; Amended by Ord. No. 294, § 1.C.4., 9-5-2012; Ord. No. 320, § 1.D.8.c, 11-52014)

(a) The City Manager shall transmit a copy of the application for review and comments by the following persons and agencies who may have jurisdiction over the event:

(1) The County Sheriff.

(2) The Chief of each fire district in which the event will be conducted.

(3) The County Transit Agency for events on a transit route.

(4) The State Highway Patrol for events on a State highway.

(5) The State Department of Transportation for events on a State highway.

The foregoing agencies shall be requested to indicate on the application that the proposed permit is either approved or disapproved or approved subject to specified conditions, and return the application to the City Manager within twenty days. As an alternative to consultation on specific types of applications, the City Manager and one or more of the agencies above may develop uniform criteria for such applications and agree that no consultation shall be required for applications satisfying those criteria.

(b) Upon receipt of the comments and recommendations from the persons and agencies referred to in subsection (a) of this Section, the City Manager shall take action to grant or deny the application.

(Ord. 71-145 § 1 (part), 1994; Amended by Ord. No. 294, § 1.C.4., 9-5-2012; Ord. No. 320, § 1.D.8.d, 11-52014)

The City Manager shall issue a decision granting or denying the permit within thirty-five days of receiv-

(Saratoga Supp. No. 44, 12-18)

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ing a complete application, unless a shorter application period is permitted under Section 10-10.030(a)(1) or (2), in which case the City Manager shall issue a decision granting or denying the permit at least twenty-four hours before the proposed event. If the City Manager denies the permit, or grants it with conditions per Section 10-10.070, the City Manager must provide written findings explaining the decision. The City Manager shall not consider the viewpoint of the permit applicant, the identity or associational relationships of the applicant, or any assumptions or predictions as to the amount of hostility which may be aroused in the public by the event in determining whether to grant the permit, grant it with conditions, or deny the permit. In determining whether a permit should be issued, the City Manager shall consider the following factors:

(a) Whether the special event will disrupt to an unreasonable extent the movement of other traffic or create any safety hazard as a result of such other traffic being stopped or diverted.

(b) Whether sufficient police services can be provided to assure proper traffic control and the orderly conduct of the special event.

(c) Whether the streets, roads and highways over which the special event will travel or on which it will be conducted are of sufficient size and construction to safely accommodate the number of participants and the size, height and weight of any vehicles, floats, equipment or animals participating in the event.

(d) Whether the special event will interfere with any other public events to be conducted on the same day.

(e) Whether the special event is likely to cause injury to persons or property or create an unreasonable disturbance of the peace.

(Ord. 71-145 § 1 (part), 1994; Amended by Ord. No. 294, § 1.C.4., 9-5-2012)

Only one special event shall be held, conducted or carried on under a single permit issued pursuant to this Article.

(Ord. 71-145 § 1 (part), 1994)

Permits issued pursuant to this Article may contain such conditions as deemed by the City Manager to

be necessary or appropriate for the orderly and safe conduct of the event, including, but not limited to, the following:

• (a) Starting and ending times.

• (b) In the case of a festivity:

(1) The streets on which the festivity will be conducted.

(2) The number and location of booths, displays or other structures to be erected for the event and the design thereof.

• (c) In the case of a parade or footrace:

(1) The assembly area and the time of assembly.

(2) The route to be followed and portions of streets to be traversed that may be occupied by the parade or footrace.

(3) The number and type of vehicles, floats, bands, marching units, pieces of equipment and animals.

(d) The nature and extent of any sales activity to be conducted upon public streets, sidewalks or rightsof-way. The holder of the special event permit shall issue to each vendor authorized to engage in such sales activity an identification card or other evidence of such authorization, which shall be displayed by the vendor to a law enforcement officer of the City or to any representative of the permittee requesting to inspect the same.

(e) Number and location of sound amplifying devices and permitted level of amplification.

(f) Number and location of persons required to control, direct and monitor the event.

(g) Requirements and instructions for removal of any equipment or structures erected or installed for the event and removal of litter and debris created in connection with the conduct of the event.

(h) Requirements and instructions for the number, size, location, and removal of signs.

(Ord. 71-145 § 1 (part), 1994; Amended by Ord. No. 294, § 1.C.4., 9-5-2012; Ord. No. 320, § 1.D.8.e, 11-52014)

As a condition for issuance of a permit, the applicant for any event other than a block party shall furnish to the City, at the applicant's own cost and expense, a policy or policies of liability and other insurance coverage as may be required under the applicable insurance standards of the City, as established from time to time by resolution of the City Council. Such policy or

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policies shall be maintained in full force and effect in accordance with said insurance standards during the entire term of the permit. (Ord. No. 320, § 1.D.8.f, 11-5-2014)

Prior to the issuance of a permit, the applicant shall deliver to the City a cash deposit in the amount of two hundred fifty dollars as a guaranty that the applicant will perform a final cleanup of all areas where the special event will be conducted. Such final cleanup shall be completed, to the satisfaction of the City Manager, within twenty-four hours after cessation of the event. If the applicant fails to complete the cleanup within such period of time or if the clean-up work is not performed to the satisfaction of the City Manager, the Manager may cause any necessary clean-up work to be performed and may utilize the security deposit for payment of any costs or expenses as may be incurred in connection therewith. In the event the clean-up cost exceeds the amount of the security deposit, the applicant shall be liable to the City for payment of such excess cost. Upon certification by the City Manager that the final cleanup has been satisfactorily completed, the clean-up deposit or any remaining balance thereof, shall be mailed to the applicant at his address shown on the application.

(Ord. 71-145 § 1 (part), 1994)

As a condition for issuance of a permit, the City Manager shall require the permittee to reimburse the City for all security, traffic control and law enforcement expenses incurred by the City in connection with the special event.

(Ord. 71-145 § 1 (part), 1994)

(a) The application fee required under Section 10-10.030(c), the liability and property damage insurance required under Section 10-10.080, the clean-up deposit required under Section 10-10.090 and the payment of security and traffic control expenses required under Section 10-10.100, shall be waived or reduced by the City Manager if the event is conducted for the primary purpose of exercising the right of free speech pursuant to the First Amendment of the United States Constitution and Article 1, Sections 2 and 3 of the State Constitution, and the applicant demonstrates, to

the satisfaction of the City, that the applicant is unable to pay such fees and expenses and will not receive sufficient revenue from the conduct of the special event to do so. However, in no event shall a permittee for a non-commercial special event conducted for the primary purpose of exercising the right of free speech pursuant to the First Amendment of the United States Constitution and Article 1, Sections 2 and 3 of the State Constitution be required to provide or pay for the cost of public safety personnel who are present to protect event attendees from hostile members of the public or counter-demonstrators or for general law enforcement in the vicinity of the event.

(b) In addition to the waivers prescribed in subsection (a) of this Section, the City Manager may, in his discretion, waive any of the requirements of this Article in whole or in part upon a showing of good cause for such waiver. After making the decision whether or not to grant such a waiver, the City shall issue a brief statement enumerating the reasons for granting or denying such a waiver. The City may not, for the purposes of determining whether good cause exists for such a waiver, consider the content of speech protected by the First Amendment of the United States Constitution or Article 1, Sections 2 and 3 of the State Constitution. When determining whether good cause exists to grant a waiver, the City shall consider:

(1) The financial ability of the permittee to satisfy the requirements of Sections 10-10.030, 10-10.080, 1010.090, and 10-10.100;

(2) The likelihood that a permitted event will present a substantial risk of exposure to liability for the City or its officers, agents, employees, or volunteers. (Ord. 71-145 § 1 (part), 1994; Amended by Ord. No. 294, § 1.C.4., 9-5-2012)

Any permit issued pursuant to this Article shall apply only to the permittee named therein and may not be transferred or assigned to any other person. (Ord. 71-145 § 1 (part), 1994)

Any permit issued pursuant to this Article may be summarily revoked by the City Manager upon a determination that:

(a) By reason of accident, disaster or other emergency, the safety of persons or property requires such revocation; or

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(b) A term, condition, restriction or limitation of the permit has been violated or is being violated; or

(c) Due to changed circumstances, or the discovery of facts unknown to the City Manager at the time the permit was issued, the considerations for issuance of the permit are no longer valid or applicable. (Ord. 71-145 § 1 (part), 1994)

The violation of any provision contained in this Article shall constitute a misdemeanor, subject to the penalties as set forth in Article 3 of this Code. (Ord. 71-145 § 1 (part), 1994)

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(Saratoga Supp. No. 44, 12-18)