Sutter Creek Municipal Code Ch. 6.12 Special Events Permit

Footnotes:

--- (3) ---

Editor's note— Ord. 341 §1, adopted Oct. 17, 2011, added provisions that were not specifically amendatory. At the editor's discretion, said provisions were included as §§6.12.010—6.12.070. Prior to reenactment by Ord. 341, Ord. 298 §1, adopted Jan. 20, 2004, repealed Ch. 6.12, §§6.12.010—6.12.210, which pertained to amusements and derived from Ord. 162 §§1—21, adopted 1970; Ord. 200 §1(I), adopted 1980.

No person shall hold or organize a special event anywhere within city limits unless he or she obtains in advance of the event a special events permit from the city manager, or the city manager's designee.

(Ord. 341 §1, 2011)

No person shall be required to obtain a special use permit for an event if such person has previously obtained a conditional use permit that authorizes the event, and the event is within the scope of such authorization.

(Ord. 341 §1, 2011)

[The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

"Special event" means any event that is: (i) infrequent by its nature, (ii) temporary in duration, and (iii) that involves substantial congregations, or requires substantial use of facilities and structures, such as parking lots, streets, sidewalks, parks, or playing fields. Special events include, but shall not be limited to:

1. Animal shows.

2. Bicycle races.

3. Block parties.

4. Carnivals.

5. Car shows.

6. Concerts or theatrical performances that do not occur in a permanent venue for such performances (such as a theater or amphitheater).

7. Demonstrations/marches.

8. Farmers markets.

9. Fireworks display.

10. Foot races or walks.

11. Fundraisers.

12. Parade or processions.

13. Pumpkin patches.

14. Parking lot sales or events.

15. Street fairs.

16. Swap meets.

17. Tent sales.

18. Wine, beer, or food tasting festival.

(Ord. 341 §1, 2011)

Any person wishing to hold, sponsor, or organize a special event shall apply for a special event permit by filing an application and application fee with the city manager, or his or her designee, at least sixty days prior to the date on which the event is to occur, unless the city manager, in his or her discretion, agrees to accept the application in fewer than sixty days before the event. Should a late application be accepted, the city shall not be responsible for its failure to process the application, and any appeal as provided within, within the time remaining prior to the event.

The application shall be on a form prepared by city and requiring, at minimum, the following information be provided, to the extent applicable based on the nature of the event:

1. Non-refundable application fee of twenty-five dollars, paid in full at the time of application

2. A description of the event, including the proposed date(s) and hours; duration; expected attendance; the manner in which the site will be set up prior to and cleaned up after the event; whether and how money, goods, or personal property will be sold or exchanged during the event; and whether and how amplified sound would be generated by the event.

3. A site plan indicating the location of the event and all driveways, display areas, temporary structures and facilities, parking areas, utilities, trash collection, and signs.

4. A description of public streets and facilities that would be involved in, or affected by, the event. If any road closures would be required, the applicant shall disclose the specific roads to be closed and the specific times for closure. The applicant shall also include a traffic plan, which the applicant must prepare in consultation with the chief of police.

5. A description of the types of food and beverages served during the event; the manner in which such food or beverages will be provided, exchanged, or vended; and the identities of any caterers or vendors that will serve the food or beverages.

6. A description of the type of concert or theatrical performance to occur, the equipment and staging necessary for the performance, the manner in which any amplified sound will occur and be controlled, and the manner in which seating/viewing of the performance shall be provided.

7. A description of how security, site control, and event management will be provided for the event.

8. Proof of adequate liability insurance held in favor of the applicant or any performer, vendor, exhibitor, or other person or entity associated with the holding, organization, or management of the event.

9. If property where the event is to occur is owned by someone other than the applicant, the applicant is required to obtain written approval from the property owner or his duly authorized representative. Such written approval must be submitted with the special event application.

10. The application shall provide a signed statement indemnify and holding harmless the city from all liability associated with the event and the city's granting of a special event permit therefore.

(Ord. 341 §1, 2011)

The city manager may deny an application for a special event permit if, in his or her opinion, the event would be detrimental to the health, safety, or tranquility of the public; would create or cause excessive noise, dust, lighting, aesthetic, or related impacts that would constitute nuisances to properties surrounding the event; or would create an undue impact to the circulation of vehicle or pedestrian traffic through the city. The city manager may also deny an application should he or she determine the applicant has failed to sufficiently furnish or provide the information and fee required by the previous section.

(Ord. 341 §1, 2011)

Special events shall be subject to the following conditions, to the extent applicable based on the nature of the special event for which a permit is sought:

1. The permit is only valid for the dates stated on the approved permit. A permit may be approved for multiple and non-successive dates, provided there is no material difference in the event as occurs on the multiple dates, and provided the authorization does not extend for more than one year from the date of issuance.

2. Any city right-of-way affected by the permit (including streets and sidewalks) shall be kept free of all obstructions and/or debris, unless the city has granted a street closure for the event.

3. If required, a building/electrical permit must be obtained through the building department.

4. Lighting from the event shall not cause glare onto neighboring properties or the public right-of-way.

5. The applicant shall ensure noise, dust, dirt, odors, and/or other nuisances do not affect neighboring properties.

6. The applicant must provide adequate parking, including parking spaces for the disabled, as conditioned by the city.

7. The applicant must ensure adequate security is provided for the event.

8. The applicant must abide by all conditions of any street closure plan approved as part of the special event permit.

9. Upon termination of the event, all items associated with the use must be removed and the premises shall be restored to the original condition.

10. A refundable cash surety shall be deposited with the city to ensure the property is returned to its original condition in a timely fashion once the special event has ceased.

11. Amplified sound, if permitted, shall comply with the city noise ordinance. As part of permit approval, the city manager may grant a waiver of the amplified noise prohibition set forth in section 10.50.180 of this Code, except that in no event may such noise be permitted to occur later than 10:00 p.m. The city manager or his or her designee may rescind any approval under this paragraph should noise become a disturbance during the event.

12. The city manager is granted authority to impose additional conditions as he or she sees fit, based on the nature of the special event.

(Ord. 341 §1, 2011)

The applicant may challenge the city manager's denial of his or her special event permit application, or any condition imposed as part of the approval of the application, by filing a notice of appeal with the city clerk within three business days of the denial or approval. The appeal shall thereafter be heard at the next available city council meeting.

(Ord. 341 §1, 2011)