Sutter County Municipal Code Ch. 420 Regulation of Public Spaces; Permit Requirement for Parades and Special…

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Editor's note— Ord. No. 1719, § 1, adopted April 23, 2024, amended the title of Chapter 420 to read as herein set out. The former Chapter 420 title pertained to regulations of highways and sidewalks for parades, etc.

It shall be unlawful for any person to loiter or to stand or sit in or upon any public highway, alley, sidewalk, or cross-walk in the unincorporated territory of Sutter County, so as to in any manner hinder or obstruct the free passage therein or thereon of persons or vehicles passing along the same or so as in any manner to annoy or molest persons passing along the same.

(Ord. 88, Sec. 1; Apr. 2, 1934)

It shall be unlawful for any person under the age of 18 to loiter or wander about from place to place, without lawful business thereof, upon any public street, highway, alley, sidewalk, or County right-of-way or other County property in the unincorporated territory of the County of Sutter between the hour of 11:00 o'clock p.m. and daylight of the following day. This section shall not be construed to prohibit such persons from going to or coming from some particular function, event, theater, job, business, or other such place, providing such person is proceeding in the most direct route to or from any place. This section shall also exclude all vehicular traffic at any hour.

(Ord. 582, Sec. 1; Dec. 10, 1973)

It shall be unlawful for any person to loiter or to stand or sit in or at the entrance of any church, hall, theater or other places of public assemblage in the unincorporated territory of Sutter County so as to in any manner obstruct such entrance.

(Ord. 88, Sec. 2; Apr. 2, 1934)

When used in this Chapter, the following words shall have the following meanings:

Parade shall mean any march, demonstration, procession, or event (excluding funeral processions) consisting of persons, animals, or vehicles or a combination thereof in or upon any public street, sidewalk, alley, public park, or other public property which does not comply with normal and usual traffic regulation or controls.

Public Property includes any of the following: any public park; any public highway, alley, sidewalk, or cross-walk; and any other County facility.

Person means any individual, group of individuals, club, association, partnership, or corporation.

Special Event means an organized activity for which the public is invited or admitted and any one or more of the following applies: (1) a fee is charged or money is collected; (2) alcohol and/or food is sold; (3) County facilities will be closed to general use by the public; (4) use of public property by the general public is denied in part or in whole; (5) the location is used beyond the normal capacity or typical range of uses; and (6) the activity is conducted at, or causes impact to, County property, including roads.

Tier I Special Event means a special event having between 500 and 1,499 anticipated participants.

Tier II Special Event means a special event having between 1,500 and 24,999 anticipated participants.

Tier III Special Event means a special event having 25,000 or more anticipated participants.

Vehicle means any automobile, truck, airplane, car, trailer, wagon, float, or other means of transportation or conveyance.

Vendor means an organization or business that sells or advertises products or services to event attendees.

([88] Ord. 968, Sec. 1; Sept. 10, 1985; Ord. No. 1719, § 1, 4-23-2024)

(a) It shall be unlawful for any person to conduct (or aid and abet another in the conduct of) a parade in the unincorporated territory of the County of Sutter unless and until a permit to conduct such parade has been obtained from the Sheriff of the County of Sutter or, as hereinafter provided, from the Board of Supervisors.

(b) It shall be unlawful for any person to conduct (or aid and abet another in the conduct of) a special event on public property in the unincorporated territory of the County of Sutter unless and until a permit to conduct such activity has been obtained from the Sheriff of the County of Sutter or, as hereinafter provided, from the Board of Supervisors.

(1) This requirement shall not apply to a special event with fewer than 500 anticipated participants.

(c) For a special event that includes a parade component, the Sheriff shall have the discretion to waive the requirement for a separate parade permit.

([88] Ord. 968, Sec. 2; Sept. 10, 1985; Ord. No. 1719, § 1, 4-23-2024)

(a) An application for a permit required by this Chapter shall be submitted to the Sheriff consistent with the following timelines:

(1) For a parade, not less than 20 days prior to the proposed assembly time for the parade.

(2) For a Tier III special event, not less than 60 days prior to the start of the event.

(3) For a Tier II special event, not less than 90 days prior to the start of the event.

(4) For a Tier I special event, not less than 120 days prior to the start of the event.

(b) Such application shall be in writing and shall contain the following:

(1) The name of the applicant, the sponsoring organization, the event coordinator, and the addresses and telephone numbers of each. If the applicant is other than a natural person, the application shall contain the name and address of the authorized representative of the applicant.

(2) The purpose of the parade or special event, the date(s) when it is proposed to be conducted, the location of the assembly area, the location of the disbanding area, the route to be traveled, if applicable, and the approximate time when the parade or special event will assemble, start, and end.

(3) Descriptions of any individual floats, marching units, vehicles, and vans to be used on any public highway, alley, sidewalk, or cross-walk.

(4) A description of any sound amplification equipment to be used.

(c) Notwithstanding the provisions of subsection (a) above, the Sheriff shall (except for the reasons provided in Section 420-060(b) below) issue a permit for a parade that is spontaneous or organized on short notice in response to an event of obvious importance such as local grievances or important national or international events.

(d) For a special event, the application shall also contain the following:

(1) Proof of adequate insurance, as determined by the County Risk Officer.

(2) A listing of all vendors and descriptions of the nature of their business, and copies of each vendor's business license, if applicable, and general liability insurance.

(3) If alcohol will be served or sold at the event, a copy of the appropriate licenses from the Sheriffs Department and the California Department of Alcoholic Beverage Control.

(4) A description of all tents, canopies, and temporary structures to be used in the event and sufficient information to prove that the setup of such structures will comply with the State Fire Code and the Americans with Disabilities Act.

(5) A description and site plan for all areas that will be closed off by temporary fencing.

(6) A description of how the event will be marketed, advertised, and/or promoted.

(7) A description and site plan for all stages and platforms.

(8) Information on the number of portable toilets to be provided, including the name of the company providing said toilets and the dates and times when said toilets will be delivered, set up, and removed.

(9) The name and contact information for any private security to be used.

(10) A scaled and complete overall site plan, which shall include:

(A) An outline of the entire event venue including the names of all streets or areas that will be part of the venue.

(B) Location of existing structures with the event site.

(C) Locations of all temporary structures (stages, bleachers, grandstands, other seating areas, tents, portable restrooms, booths, trash containers, dumpsters, etc.).

(D) Locations of proposed street closures, and any temporary fencing, barriers, or barricades.

(E) Locations of County owned and private parking lots that will be utilized.

(F) Locations of cooking and food service areas; alcohol service areas; and any other vendor areas.

(G) Locations of vendors/information booth(s)/entertainment.

(H) Locations of generators and/or source of electricity.

(I) Locations of existing and portable restrooms.

(J) Placement of vehicles and trailers.

(K) Entrance/exit locations for outdoor events that are fenced, and entrance/exit locations within tents or temporary structures.

(L) Identification of all event components that meet Americans with Disabilities Act accessibility requirements (including, but not limited to, accessible parking, passenger loading/unloading areas, restrooms, seating, and path of travel) if the event will be open to the public.

(M) Locations of Staff/Information booths/office, first aid stations, lost and found stations, etc.

(11) A waste management and recycling plan, which shall include the number and size of all toters and dumpsters and the date and time for which each shall be delivered and removed.

(12) All required fees, as adopted by the Sutter County Board of Supervisors.

([88] Ord. 968, Sec. 3; Sept. 10, 1985; Ord. No. 1719, § 1, 4-23-2024)

(a) The Sheriff shall act upon all applications submitted timely as provided in Section 420-050 in the following manner:

(1) Applications for a parade permit received 20 or more days before the proposed parade shall be acted upon within ten days.

(2) Applications for a parade permit received between ten and 19 days before the proposed parade shall be acted upon within five days.

(3) Applications for a parade permit received less than five days before the proposed parade shall be acted upon as soon as possible consistent with the maintenance of public safety and the orderly flow of vehicular and pedestrian traffic.

(4) Applications for a special event permit shall be acted upon under timelines that will reasonably allow the event to proceed should the permit be granted. This reasonable processing time shall assume timely responses from the applicant to any questions or requests for documentation from the Sheriff.

(b) Permits may be denied by the Sheriff only upon his determination that one or more of the following conditions exist:

(1) The time, route, and size of the parade or special event will disrupt to an unreasonable extent the ordinary use of public property.

(2) The number of persons who would be inconvenienced by the parade or special event will be grossly disproportionate to the number of the participants.

(3) The parade or special event will unduly interfere with ingress to or egress from or travel on a freeway or state designated highway.

(4) A significant number of the participants have a specific intent, manifested by specific plans, to engage in or provoke violence.

(5) The parade or special event as proposed will interfere with another parade or special event for which a permit has previously been issued.

(6) Obstruction of any public highway, alley, sidewalk, or cross-walk will occur between the hours of 6:30 a.m. to 9:30 a.m. or 4:00 p.m. to 7:00 p.m., Monday through Friday, unless the proposed date is a designated Sutter County holiday.

(7) A fully enforced general curfew will be in effect at the time and place for the proposed parade or special event.

(8) For parade permit applications, the applicants have failed to make a timely application for a permit, and could have done so since the parade was not organized in response to an event of obvious importance.

(9) The proposed use would be detrimental to the health, safety, general welfare, or efficient operation of public property.

(10) The applicant fails to timely pay any required permit fee.

(11) The application provides insufficient notice, given the nature of the parade or special event, for staff to be scheduled, public property to be prepared, or other necessary conditions to be completed in the time between the date of the request and the date of the proposed event.

(c) The Sheriff may revoke any permit previously granted if any of the following occurs:

(1) A condition exists that would have prevented initial approval, whether due to the application containing false or misleading information or by subsequent discovery.

(2) In the County's sole discretion, circumstances beyond its control necessitate such a cancellation. Such circumstances include, but are not limited to, acts of state and/or federal government, earthquakes, epidemics, pandemics, fires, floods, unusual weather conditions, incidents that result in a fatality, Mass Casualty Incident (MCI), Public Safety Power Shutoffs (PSPS) or riots. The County shall provide notice of cancellation under this provision as soon as is practicable and will provide a refund of any costs, if applicable.

(3) Any individual, group, member, or guest willfully or through gross negligence, mistreats the staff, equipment, property, or violates any federal, state, or local law, ordinance, or resolution that unreasonably endangers any person or property.

(4) The applicant defaults on or has not completed all conditions and requirements for use of the public property or roadway.

([88] Ord. 968, Sec. 4; Sept. 10, 1985; Ord. No. 1719, § 1, 4-23-2024)

Upon a denial by the Sheriff of an application made pursuant to Section 420-050, the applicant may appeal from the determination of the Sheriff within five days thereafter to the Board of Supervisors by filing a written notice of appeal for a hearing by the Board of Supervisors at its next meeting, whether that meeting be regularly or specially scheduled. Upon such appeal, the Board of Supervisors may reverse, affirm, or modify in any regard the determination of the Sheriff consistent with the criteria expressed in this Chapter.

([88] Ord. 968, Sec. 5; Sept. 10, 1985; Ord. No. 1719, § 1, 4-23-2024)

Immediately upon the granting of a permit required by this Chapter, the Sheriff shall send a copy thereof to the following: 1) The County Administrative Officer, 2) the Development Services Department Director, and 3) the County Fire Chief.

([88, 968] Ord. 1585, Sec. 2; May 28, 2013; Ord. No. 1719, § 1, 4-23-2024)

If any section, sub-section, paragraph, sentence, clause or phrase of this Chapter is for any reason held to be unconstitutional such decision shall not affect the validity of the remaining portions of this Chapter. The Board of Supervisors hereby declares that it would have passed this Chapter and each section, sub-sections, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, sub-sections, paragraphs, sentences, clauses or phrases be declared unconstitutional.

(Ord. 88, Sec. 11; Apr. 2, 1934)

(a) Any person violating any of the provisions of this Chapter shall be guilty of a misdemeanor and shall upon conviction be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment, not exceeding six months or by both such fine and imprisonment. Every separate act or transaction in violation of this Chapter shall be deemed a separate offense.

(b) The permit fee and application deposit shall be forfeited if the parade or special event is canceled due to the applicant's negligence, false or inaccurate information, and/or failure to comply with the agreement or requirements of the application.

(Ord. 88, Sec. 12; Apr. 2, 1934; Ord. No. 1719, § 1, 4-23-2024)