Sebastopol Municipal Code Ch. 12.44 Special Events

The ordinance codified in this chapter is enacted to provide for the administration of special events at all City parks and facilities.

One-time-only or annual special events including, but not limited to, circuses, fairs, carnivals, parades, marathon walks or runs, motion picture or television location filming and such may be permitted by the City at all City parks and facilities subject to these regulations. All provisions of this chapter are subject to the approval/waiver of the City Manager or his/her designee.

It is unlawful to conduct any special activities referenced in SMC 12.44.020 without first obtaining a permit from the City Manager or his/her designee.

A. Application to conduct any special activity shall be made at least 30 days prior to the date that activity is to commence.

B. Application deadlines may be waived by the City Manager where good cause is shown and the City has sufficient time to prepare for the proposed activity.

C. The City Council shall adopt by resolution applicable fees.

A. The application shall be approved/denied within 10 business days of receipt of a completed application. The permit shall be approved by the City Manager unless he/she determines, from consideration of the application or other pertinent information, that the following conditions exist:

1. The activity will substantially disrupt the use of a street at a time when it is usually subject to traffic congestion, or potentially interfere with the operation of emergency vehicles in the proposed permit area.

2. The proposed activity will substantially interfere with municipal functions, or other previously authorized activities.

3. The activity creates a substantial risk of injury to persons or property.

4. The applicant failed to complete the application or the information contained in the application is found to be false in any material detail.

5. The particular activity would violate Federal, State or local law including license/permit requirements.

6. The particular activity would pose a potential threat to the health, safety and welfare of the City’s population.

B. When the ground(s) for permit denial can be corrected by imposing reasonable permit conditions, the City Manager may approve the permit.

The City Manager may condition the issuance of an activity permit by imposing reasonable requirements concerning the time, place and manner of activities including but not limited to the following:

A. Requirements for the presence of Police Department, Fire Department and/or Public Works Department employees when required for the particular activity at the applicant’s expense.

B. Requirements concerning the posting of no parking signs and placement of other traffic control devices at the applicant’s expense.

C. Restrictions on the use of explosions and other noise-creating or hazardous devices.

D. Restrictions on hours of activity.

E. Requirements concerning notice to affected adjacent property owners of the activity.

A. A permit application processing fee and use fee schedule shall be established by City Council resolution. The application and use fee shall be paid with submittal of the application to the City.

B. In addition to the use fee, an event applicant shall be responsible for reimbursing the City for all City staff and materials costs associated with a permitted event. A deposit against such costs shall be paid in advance, per the provision of the resolution called for in subsection A of this section.

Upon 72 hours prior notice by the permittee in advance of an approved activity, the City Manager is authorized to change the date for which the permit has been issued without requiring a new application or filing fee.

A. The applicant for a permit must possess or obtain liability insurance to protect against loss from liability imposed by law for damages on account of bodily injury and property damage arising from the activity. Such insurance shall name on the policy or by endorsement as additional insureds the City of Sebastopol, its officers, employees and agents. Insurance coverage must be maintained for the duration of the activity. Coverage shall be provided by a comprehensive general liability insurance policy in the amount then required by the City’s risk management program. The insurance coverage afforded by the policy shall provide at a minimum the equivalent of insurance coverage provided by the Insurance Service Office (ISO) comprehensive general liability insurance coverage.

B. A copy of the policy or a certificate of insurance along with all necessary endorsements must be filed with the City not less than 10 business days prior to the activity unless the City Manager for good cause waives the filing deadline.

A. Prior to the issuance of the permit, the permit applicant must sign an agreement to reimburse the City of Sebastopol for any costs incurred to repair or replace City property which is damaged as a result of the activity.

B. The agreement shall also provide that the permittee shall defend, indemnify, and hold harmless the City, its officers, agents, or employees from all claims and liability of any kind whatsoever resulting from or arising out of the activity or issuance of the permit.

A. Each permittee shall comply with all terms and conditions of the permit. Failure to comply with all permit terms and conditions is grounds for permit revocation without prior notice by the City Manager.

B. Each permittee shall clean and restore all City properties utilized during the activity to the same condition as existed prior to the activity.

C. The person in charge of the activity shall retain a copy of the permit on location.

The permit applicant may appeal a permit denial, permit condition, or permit revocation or refusal to waive a deadline under this chapter by filing an appeal within five days of the date of the City Manager’s decision with the City Clerk. The appeal shall be heard by the City Council at its next regular meeting.