Sierra Madre Municipal Code Ch. 12.34 Special Events Permits

This chapter is intended to further the goals of the general plan by regulating the use of public property for temporary events where a large number of people will congregate, and ensuring that the public property is utilized in an efficient, equitable, secure, and safe manner. This chapter is intended to apply to events where any portion of the event will occur on public property, including, for example, festivals, races, fairs, farmers markets, flea markets, festivals, weddings, parades, rallies. The requirements of this code are intended to be in addition to, and not in lieu of, the requirements of any other provision of this code.

(Ord. No. 1332, § 1, 11-27-12)

No person may conduct any activity on property owned or controlled by the city or successor agency without first having obtained a special events permit if all of the following are true:

A. The activity is a temporary or intermittent activity where either (1) two hundred or more people are expected to attend during the duration of the event and streets and sidewalks will only be incidentally affected; or (2) twenty-five or more people are expected to attend during the duration of the event and streets or sidewalks will be more than incidentally affected. For purposes of determining the number of people expected to attend an event, if an individual returns to an event on subsequent day(s), each new day in which a visit occurred shall constitute an individual person.

B. The event will use the property owned or controlled by the city or successor agency in a magnitude or manner that is inconsistent with the typical use of the property.

C. The proposed use has not already been authorized pursuant to a written agreement with the city approved by the city council (e.g. a memorandum of understanding) or authorized consistent with the provisions of this code, and the use is consistent with that authorization. The following are examples of activities where the use would have already been authorized:

1. The event will occur solely on property for which the applicant obtained a facility use permit pursuant to Chapter 12.24 (Public Parks and Recreation Centers).

2. The applicant obtained an entitlement to use the property consistent with Title 17 of the Municipal Code (Zoning).

3. The applicant obtained an encroachment permit authorizing the proposed use, consistent with the provisions of Chapter 12.12 (Obstruction of Streets, Sidewalks and Public Places).

4. The applicant obtained an excavation permit authorizing the proposed use, consistent with the provisions of Chapter 12.16 (Excavations).

D. Requiring the person to obtain a special events permit would not violate any constitutional protections such as the freedoms of speech and assembly.

(Ord. No. 1332, § 1, 11-27-12)

A. Generally Applicable Rules. The decision maker shall approve or conditionally approve a proposal if all of following requirements are met:

1. Application. The applicant shall file a complete application form with the city manager or designee. The form shall include all information required by the director, including, among other things:

a. A statement that meets the approval of the city attorney that the applicant will indemnify and hold the city and any successor to the redevelopment agency harmless from any damages resulting from the special event.

b. A statement that the applicant will be financially responsible for any costs the city incurs as a result of the event. Such costs include, but are not limited to, the costs of any additional police and/or fire personnel presence the chief of police and/or fire chief deems reasonably necessary, and the cost of any other city staff the respective department directors deems reasonably necessary, except that applicants for permits to engage in First Amendment activity shall not be required to provide payment for police, fire, or other city staff deemed reasonably necessary due to the anticipated controversy of the message.

c. For events or activities where two hundred or more people are expected to attend during the duration of the event, a statement that the applicant agrees to maintain in full force and effect, at its own expense, a general comprehensive liability insurance policy or policies which shall insure applicant and provide primary coverage for the city, its officers, boards, commissions, agents, volunteers and employees, against liability for loss or liability for personal injury, death, property damage (both automobile and non-automobile cause), and, as deemed necessary by the director based upon the proposed uses, coverage for explosion and collapse hazard, underground hazards or other damages. Each such policy shall contain the standard cross-liability endorsement, shall be issued by a company admitted in California and with a rating of at least A: VII in the latest edition of Best's Insurance Guide, and shall be in a form approved by the city attorney, with minimum combined single limits of liability coverage or the equivalent thereof in the amount of not less than one million dollars, or such higher amount required by the director, which amount shall not exceed five million dollars. The applicant shall provide the director copies of the endorsements within the shorter of forty-five days from the date of approval of the special events permit or five days before the date of the proposed special event. The policy or policies shall name the city, its officers, boards, commissions, agents and employees as additional insured at no cost to the city, and shall contain a provision that a written notice of any cancellation, modification or reduction in coverage of said policy shall be delivered to the director thirty days in advance of the effective date thereof. The applicant shall also provide worker's compensation coverage consistent with California statutory requirements, if applicable.

d. A statement that the applicant will not use any copyrighted material unless the applicant is legally authorized to do so.

2. Timing of Application. Except for applications for an event conducted for the purpose of engaging in constitutionally protected expression pursuant to Section 12.34.040 below, the applicant must submit a complete application at least sixty days prior to the first date of the proposed event. If an application for a permit to conduct an event which is not for the purpose of engaging in constitutionally protected expression is received between twenty and fifty-nine days before the proposed event date, the director may accept it for processing, if, in his/her reasonable discretion the director determines that good cause exists for such late submittal.

3. Filing Fee. The applicant shall pay to the city an application fee in an amount set by resolution of the city council, except:

a. No filing fee shall be required from any of the following:

i. any use which is for an event conducted for the sole purpose of engaging in constitutionally protected expression;

ii. any event which has its sole purpose the raising of funds for the city or a city department or city service; or

iii. any event put on by an organization which has as its sole purpose to benefit a particular city department or service, and the event is in support of the entity organization's goal.

b. The decision maker will waive up to half of the cost of the application fee if the decision maker finds all of the following:

i. The special event is predominantly sponsored by a "local organization" that is also a "charitable organization," as those terms are defined in Section 12.24.080.

ii. The applicant has conducted a similar event within the prior fifteen months and the applicant met all of its financial obligations no later than three months after the conclusion of that prior event.

iii. The benefits of providing the partial fee waiver greatly outweigh the costs of the city providing the fee waiver.

4. Obtained Other Necessary Approvals. The applicant has obtained all permits or approvals that may otherwise be required by law, such as:

a. permits issued pursuant to Chapter 5.24 (Bingo Games);

b. permits issued pursuant to Chapter 12.12 (Obstructions of Streets, Sidewalks and Public Places);

c. permits issued pursuant to Chapter 12.16 (Excavations);

d. permits issued pursuant to Chapter 12.24 (Public Parks and Recreation Centers);

e. permits issued pursuant to Chapter 17.72 (Signs);

f. permits issued pursuant to Chapter 17.88 (Temporary Use Permit);

g. permits to serve food issued by Los Angeles County Department of Health Services;

h. a license to serve alcohol issued by the department of alcoholic beverage control, and approved by the city chief of police.

5. Duration. Special event permits shall specify the specific dates on which the special event may occur. Unless expressly authorized by the city council, no special event permit may be issued more than ten months in advance of the first date of the activity, nor less than sixty days in advance of the first date of the activity, except as authorized by Section 12.34.030.A.2, above.

6. Expiration. In no event shall a special event permit authorize any activity that occurs more than one year and two months from the first date of the activity.

7. Findings. Except for activities that are protected by the First Amendment (for which the decision maker need not make finding "a") the decision maker must make all of the following findings to approve the special event permit:

a. The proposed special event will further the goals of the general plan.

b. The members of the public attending the event will have sufficient access to police and fire services, as will the members of the public not attending the event.

c. The event will have sufficient access to bathroom facilities.

d. The decision maker has considered the opinions of the public works director regarding the sufficiency of the proposed plans to mitigate parking impacts and traffic impacts.

e. The proposed plan to mitigate parking impacts is sufficient, and will be properly implemented.

f. The proposed plan to mitigate traffic impacts is sufficient and will be properly implemented.

g. The event will have sufficient access to trash and recycling receptacles and the applicant will ensure that any trash or recyclable materials will be properly disposed of after the event and will not end up in roadway gutters and/or storm drains.

h. The applicant has reimbursed the city for any unreimbursed expenses that the city incurred as a result of any special event activity that was or would have been subject to the requirements of this chapter in the ten years preceding the date of the application.

i. The proposed special event will not negatively affect in a significant manner another approved, or scheduled special event for one, some, or all of the same dates (e.g. "first come first served").

j. If the event is a parade, the parade will move from its point of origin to its point of termination in three hours or less.

k. The event will not substantially interfere with any construction or maintenance work scheduled to take place upon or along the city streets, or a previously granted encroachment or excavation permit.

l. The event will occur at a time and place where the noise created by the activities of the event will not substantially disturb or disrupt the activities of schools.

B. Conditions. The decision maker may condition the issuance of a special events permit by imposing reasonable requirements concerning the time, place, and manner of the event, as necessary to make the findings provided in subsection A.7, above, provided that such conditions shall not unreasonably restrict the right of free speech. Such conditions include, but are not limited to:

1. Alteration of the date, time, or location or route proposed on the permit application.

2. Alteration of the location of the assembly and disbanding areas of a parade.

3. Accommodation of pedestrian or vehicular traffic, including restricting the event to only a portion of a street.

4. Requirements for the training and use of monitors;

5. Restrictions on the number and type of vehicles, animals, or structures at the event;

6. Compliance with all applicable laws, including Chapter 6.04 ("Animal Control");

7. Requirements for the use of garbage containers, cleanup and restoration of city property;

8. Restrictions on the use of amplified sound;

9. Requirements for providing first aid or sanitary facilities;

10. Requirements for notice of permit conditions to event participants.

C. Determining the Decision Maker. The decision maker will be either the city manager or designee or the community services commission.

1. The city manager or designee will be decision maker if the event is for the purpose of engaging in constitutionally protected speech; or all of the following are true:

a. Less than four hundred people are expected to attend during the entire duration of the event(s). For these purposes, individuals returning on different days are counted as different people.

b. If the applicant will obtain a permit to block city streets pursuant to Chapter 12.12, all of the following must apply:

i. Less than two city blocks of street will be blocked off;

ii. Blocked streets are neither arterial nor collector streets; and

iii. Blocked streets are located entirely within any combination of the following zones: R-1, R-1-9, R-1-11, R-1-15, or R-C.

2. Even if subsection C.1., above, applies, the city manager or designee may opt to not be the decision maker on any particular permit request, unless the event is for the purpose of engaging in constitutionally protected speech.

3. The community services commission will be the decision maker if the city manager or designee is not the decision maker.

D. Appeals of Decision Maker Decisions to City Council. Any decision of the decision maker to approve, conditionally approve, or deny an application may be appealed directly to the city council. The following rules apply to such appeals:

1. Ten days. An appeal must be filed with the city manager or designee within ten consecutive calendar days after the written notice of decision is deposited, postage prepaid, with the United States Postal Service.

2. In Writing. An appeal shall be in writing, and shall state therein the basis for such appeal.

3. Filing Fee. A filing and processing fee in an amount as set by resolution of the city council shall be paid to the director concurrently with the filing of an appeal.

4. Setting Hearing. Upon receipt of a written appeal and proof of payment of the required fee, the city manager or designee shall set the matter on the city council agenda for consideration by the city council at its next available regularly scheduled meeting, and give the appealing party and any other person requesting the same, at least five consecutive calendar days' written notice of the time and place of such hearing.

5. Council Hearing. At the time and place for the de novo hearing upon said appeal, the city council shall give any person interested in such matter a reasonable opportunity to be heard. The burden of proof in the appeal shall be on the appealing party to show that the appealed decision was in error. The decision of the city council shall be final.

6. Notice of Council Decision. The city manager or designee shall give written notice of the city council's action, within five days, to the appealing party, and any other person requesting the same.

E. Lack of Notice. Failure to receive actual notice shall not prevent compliance with the requirements of this section.

(Ord. No. 1332, § 1, 11-27-12)

This section applies only to applications for events that are for the purpose of engaging in constitutionally protected expression.

A. Ten or More Days Required. The city manager or designee shall accept and process all such applications that are received at least ten days before the proposed event date. Upon a showing of good cause, the director shall consider an application which is filed after the final filing deadline, provided that there is sufficient time to process and investigate the application and obtain police services for the event. Good cause can be demonstrated by the applicant showing that the circumstance which gave rise to the permit application did not reasonably allow the participants to file within the time prescribed, and that the event is for the purpose of exercising the right of free speech. The city manager or designee shall decide whether an application meets such test for late submittal, within two business days after receipt of the complete application.

B. Compliance Still Required. The fact that an activity is protected by the First Amendment does not absolve the organizers of that activity from complying with all other requirements of this code that are not inconsistent with this section, including the requirements set forth in Section 12.34.030.

C. Appeals.

1. The applicant shall have the right to appeal one or more permit conditions or the denial of a permit. The applicant shall also have the right to appeal the amount of fees.

2. A notice of appeal stating the grounds for the appeal shall be filed with the city clerk within five days after mailing or personal delivery of a notice of denial or notice of permit condition(s).

3. If an applicant files an appeal, the applicant has the choice of whether to appeal to the city manager (or his or her designee), or to the city council directly.

a. If the city manager or his or her designee is to hear the appeal, the city manager or his or her designee shall hold a hearing no later than two business days after the filing of the appeal, and will render a decision no later than one business day after hearing the appeal.

b. If the applicant opted to appeal directly to the city council, or the applicant appeals the city manager's decision issued pursuant to subsection an immediately above, the appeal procedures in subsection D of Section 17.34.30 shall apply.

(Ord. No. 1332, § 1, 11-27-12)