Tracy Municipal Code Ch. 4.40 Special Event Permits

The purpose of this chapter is to regulate special events, including parades, athletic events and public assemblies, occurring on or within the public right-of-way, which obstruct, delay or otherwise interfere with the normal flow of vehicular or pedestrian traffic, or which do not comply with applicable traffic laws or controls.

This chapter does not apply if the proposed special event is proposed to take place primarily in a City or recreation facility. In such cases, the regulations of Chapter 4.16 apply.

This chapter does not apply to public employees acting within the course and scope of their employment.

(Ord. 939 C.S. § 1 (part), 1996: prior code § 4-10.01)

The following definitions apply in this chapter.

"Amplified sound" means music or speech projected or transmitted by electronic equipment, including but not limited to amplifier, loudspeakers or a similar device.

"Appeal body" means the Parks and Recreation Commission, City Council or City Manager, as set forth in Section 4.40.150.

"Athletic event" means an event in which a group of persons collectively engage in a sport or form of physical exercise on or within the public right-of-way. The term includes, but is not limited to, jogging, running, racing, bicycling, rollerblading and roller skating. It does not include a group of people participating in a parade of public assembly.

"Department" means the Parks and Community Services Department.

"Director" means the Director of the Parks and Community Services Department, or his or her designee.

"Free speech event" means an event at which the expression of free speech rights is a principal purpose of the event. "Free speech rights" means expressive activity, protected by the First Amendment of the United States Constitution or Article 1, Section 2 of the California Constitution.

"Notify in writing" means sending written notification by first class mail, personal delivery, telegram or facsimile.

"Parade" means an organized march, procession, pageant, review, ceremony or exhibition of animals, vehicles or persons on or within the public right-of-way. It does not include any of the following: (1) people participating in an athletic event or public assembly; or (2) a funeral procession.

"Park or recreation facility" means a park, community building or grounds, athletic facility, open space area or other grounds or facility operated by the City for park, recreation or open space purposes. (See Chapter 4.16)

"Permittee" means the person or group to whom a special event permit has been granted.

"Public assembly" means a group of people participating in an organized activity on or within the public right-of-way. It does not include a group of people participating in an athletic event or parade. The term public assembly includes, but is not limited to a downtown event, sidewalk sale, bean festival, farmers market, or the blocking of a street or cul-de-sac for a family or neighborhood gathering.

"Public right-of-way" means a City street, sidewalk, parking facility, or other public right-of-way, other than a park or recreation facility.

"Publicize" means to inform the public of a planned activity by means of newspaper articles, notices, radio or television notices, announcements at public places, leafletting, mailing, electronic mail, posting signs or written notices in places used by the public, or by any other means calculated to notify the public of an activity.

"Special event" includes a parade, athletic event or public assembly.

(Ord. 939 C.S. § 1 (part), 1996: prior code § 4-10.02)

It is unlawful for a person to conduct, sponsor, publicize or knowingly participate in a special event on or within the public right-of-way without first obtaining a special event permit.

(Ord. 939 C.S. § 1 (part), 1996: prior code § 4-10.03)

An application for a special event permit shall be in a form prescribed by the Director, be signed by a responsible person at least twenty-one (21) years of age, and contain all of the following information.

(a) The name, address, and daytime telephone number of each of the following:

(1) The person filing the application (also include evening telephone number),

(2) An alternate person to contact if an emergency arises and the applicant is unavailable (also include evening telephone number),

(3) The organization sponsoring of the event, if any (also include written documentation of the authority under which the applicant is applying on behalf of the organization),

(4) The president, chair, leader or other head of the organization,

(5) The person who will be present and in charge of the event on the day of the event, and

(6) Any monitors to be employed during the event;

(b) The specific public right-of-way area requested;

(c) Any City equipment or personnel requested or required;

(d) The type of event planned;

(e) The proposed date, and the starting and finishing time of the event. (Specify additional time needed for set-up and clean-up;)

(f) The estimated number of participants;

(g) The type and estimated number of vehicles, animals or structures that will be used;

(h) A description of any sound amplification equipment proposed to be used;

(i) The location of electrical generators, lines, plugs and lights;

(j) Parking requirements;

(k) The location of any water, first aid, or comfort station(s) to be provided;

(l) The type and number of any vendors who will sell food or beverages at the event;

(m) For each application for a parade: (1) the time when the units of the parade will begin to assemble; (2) the proposed assembly point for the parade; (3) the proposed parade route; (4) the interval space to be maintained between units of the parade; and (5) the number, type and size of floats or other vehicles;

(n) Type, amount, and carrier of insurance coverage for the event;

(o) Any other information which the Director reasonably requires to evaluate the particular special event application.

(Ord. 939 C.S. § 1 (part), 1996: prior code § 4-10.04)

(a) Special event (non-free speech event). The following procedures apply to an event which is not a free speech event:

(1) Filing. The applicant shall file the application with the Director at least twenty (20) days and not more than 365 days before the proposed special event.

(2) Application review. Depending upon the type of event planned, the Director shall circulate the application and receive comments from other affected City departments, which may include Police, Public Works, Development and Engineering Services, City Attorney, City Manager or other affected department.

(3) Director's decision. The Director shall approve the permit application, subject to conditions, or shall deny the permit for any of the grounds set forth in Section 4.40.060. The Director shall take action to approve or deny within ten (10) working days after receipt of a completed application. The Director shall notify the applicant in writing of the decision, including a statement of the reasons for any conditions or the grounds for a denial. If a change in the time or location of the proposed event would allow approval of the application, the Director shall propose an alternative to the applicant.

(4) Applicant's acceptance (or appeal). The applicant shall notify the Director in writing of the applicant's acceptance within seven (7) working days after written notice of the decision. The failure to submit a timely acceptance or appeal is deemed an automatic withdrawal of the application. If the applicant files a valid written acceptance and complies with the general permit conditions (set forth in Section 4.40.070), the permit issues upon the Director's receipt of the written acceptance. The Director shall notify the applicant, the City Council, the City Manager, and any affected department head that the permit has been issued.

(5) Appeal. The applicant may appeal the decision, including a denial, a condition of approval, a refusal to waive a filing deadline, or a decision regarding fees or insurance, by filing a written appeal on a form prescribed by the Director. The appeal shall be filed within ten (10) working days of the Director's decision. The appeal procedures are set forth in Section 4.40.150.

(b) Free speech event. The following procedures apply to a free speech event:

(1) Filing. The applicant shall file the application with the Director as soon as possible, but no later than seven (7) working days before the event. An application may be filed up to five (5) working days before the event, but an applicant filing less than seven (7) working days before the event waives the right to appeal a decision. If an event is planned in response to a contemporaneous public event or decision which could not have been known in advance, the applicant may file an application forty-eight (48) hours before the event. (The review period is to ensure adequate time for review of the proposed arrangements by the affected City departments, establishing reasonable conditions, notification of the decision, and appeal from the decision.)

(2) Application review. Depending upon the type of event planned, the Director shall circulate the application and receive comments from other affected City departments.

(3) Director's decision. The Director shall approve the permit application, subject to conditions, or shall deny the permit for any of the grounds set forth in Section 4.40.060. The Director shall take action to approve or deny within forty-eight (48) hours (not including days the City offices are closed) after receipt of a completed application. The Director shall notify the applicant in writing (and orally, if possible) of the decision, including a statement of the reasons for any conditions or the grounds for a denial. If a change in the time or location of the proposed event would allow approval of the application, the Director shall propose an alternative to the applicant.

(4) Applicant's acceptance (or appeal). The applicant shall notify the Director in writing of the applicant's acceptance within twenty-four (24) hours (not including days the City offices are closed) after written notice of the decision. The failure to submit a timely acceptance or appeal is deemed an automatic withdrawal of the application. If the applicant files a valid written acceptance and complies with the general permit conditions (set forth in Section 4.40.070), the permit issues upon the Director's receipt of the written acceptance. The Director shall notify the applicant, the City Council, the City Manager, and any affected department head that the permit has been issued.

(5) Appeal. An applicant who has filed the initial application at least seven (7) working days before the event may appeal the decision, including a denial, a condition of approval, a refusal to waive a filing deadline, or a decision regarding fees or insurance, by filing a written appeal on a form prescribed by the Director. The appeal procedures are set forth in Section 4.40.150.

(6) Judicial review. If the City denies a free speech event permit, the City shall within two (2) working days file an action in the superior court for a determination on the validity of the denial. At the time of filing, the City shall request that the court hear the matter as soon as possible and no later than two (2) court days after the filing.

(Ord. 1111 § 4 Exh. A (part), 2007: Ord. 939 C.S. § 1 (part), 1996: prior code § 4-10.05)

(a) Approval and issuance. The Director shall approve the application if it is complete and there are no grounds for denial under subsection (b) of this section. Such an application is approved subject to the general conditions set forth in Section 4.40.070 and to the applicable special conditions which the Director determines to be necessary to protect the safety or persons and property, and to control pedestrian and vehicular traffic in and around the site of the event.

(b) Grounds for denial. The Director shall deny an application if any one of the following factors is not adequately addressed, and reasonable conditions cannot satisfy the public health, safety or welfare concerns:

(1) The person applying for the permit has failed to complete the application or to provide supplemental application information requested by the Director.

(2) The information contained in the application (including supplemental application information) is found to be false in any material respect.

(3) An application for another event to be held on the same date as that requested has been previously filed or approved, and the other event is so close in time and location to the event proposed as to cause undue traffic congestion or to place the City in a position of being unable to meet the needs for Police or Public Works services for both events.

(4) The time, route, or size of the event will substantially interrupt the safe and orderly movement of traffic contiguous to the site or route of the event, or disrupt the use of a street at its peak traffic time.

(5) The concentration of persons, animals or vehicles at the site of the event, or at the site of an assembly of disbanding area around the event, will prevent police, fire or ambulance services reaching areas contiguous to the event.

(6) The size of the event will require the diversion of so many City police officers that police protection to the rest of the City will be seriously jeopardized. However, the permit may not be denied because of the need to protect participants in a free speech event from the conduct of others if reasonable permit conditions can be imposed.

(7) Given the size and nature of the event, the reasonably available number of City police officers and other personnel is not sufficient to ensure the safety or participants or the attending public.

(8) The event consists of a parade that will not move from its point of origin to its point of termination in two (2) hours or less.

(9) The location of the event will substantially interfere with construction or maintenance work previously scheduled to take place on or along the public right-of-way to be occupied by the event.

(10) The event will occur at a time when a school is in session and along a route or at a location adjacent to the school or a class thereof, and the noise created by the activities of the event will substantially disrupt the educational activity of the school or class.

(11) The decorative material on parade floats is not noncombustible or flame retardant or motorized parade floats and towing apparatus are not provided with a minimum 2-A, 10B:C-rated portable fire extinguished readily accessible to the operator, as provided in Uniform Fire Code Section 1104.2.

(12) The application is not timely submitted and there is insufficient time to investigate and process the application.

(13) The applicant refuses to indicate in writing that he or she will comply with all terms and conditions of the permit.

(14) The proposed activity is prohibited by law.

(Ord. 939 C.S. § 1 (part), 1996: prior code § 4-10.06)

The following general permit conditions apply to each special event permit unless a specific waiver is authorized under this section:

(a) Fees and deposits. Before a permit is issued, the permittee shall pay to the City a fee in a designated amount equal to the City's total estimated costs for providing all of the personnel and materials (including police) necessary to control and monitor pedestrian and vehicular traffic in and around the site of the event. The Director determines the permit fee based upon: a schedule of fees established by resolution of the City Council; and the Director's estimate as to the type, number and hours of City personnel and materials necessary to control or monitor the event. The permit fee is payable before issuance of the permit.

The fee shall not include any amount necessary to monitor or control bystanders, onlookers or opponents not participating in support of a free speech event.

(b) Indemnification. Before a permit is issued, the permittee shall sign a statement, in a form approved by the City Attorney: (1) to reimburse the City for all costs incurred by it in repairing damage occurring in connection with the permitted event; and (2) indemnifying and holding harmless the City from any liability, damage or loss occurring during the course of the event authorized by the permit where the liability, damage or loss is proximately caused by the negligent or intentional act or omission of the permittee, any officer, employee or agent of the permittee, or any person who is under the permittee's control. In addition, the statement shall provide that if a claim is made against the City by suit or otherwise, arising out of the negligent or intentional act or omission, the permittee shall defend the City and shall indemnify and City for any judgment rendered against it or any sums paid out in settlement or otherwise. The statement shall be filed with the Director before the issuance of the permit.

(c) Insurance. Before a permit is issued, the permittee shall obtain public liability insurance from an insurance company licensed to do business in California. The insurance shall provide "occurrence" coverage against liabilities for death, personal injury or property damage arising out of or in any way connected with the event.

If food or non-alcoholic beverages will be sold or distributed at the event, the comprehensive general liability coverage must include products liability coverage. If alcoholic beverages will be sold or distributed at the event, the policy must also include coverage for liquor liability.

The insurance shall in the amount established by the Director, and shall be at least one million dollars, combined single limit, and shall name the City and the City's officers, employees and agents as additional insureds under the coverage afforded. In addition, such insurance shall be primary and noncontributing with respect to any other insurance available to the City and shall include a severability of interest (cross liability) clause.

Proof of such insurance, in a form approved by the City Attorney, shall be filed with the Director before the issuance of the permit and the insurance shall be maintained in effect throughout the course of the event.

The Director shall waive the liability insurance for a permit authorizing a free speech event.

(Ord. 939 C.S. § 1 (part), 1996: prior code § 4-10.07)

The Director may impose reasonable conditions on approval of a special event permit concerning the time, place and manner of conducting the event, as necessary to ensure the safety of persons, public and private property, the control of noise, and to ensure that other activities in the public right-of-way will not be unduly disturbed by the proposed event. The conditions may not be imposed in a manner what will unreasonably restrict the exercise of free speech rights. Permit conditions may include, but are not limited to, the following:

(a) Alternate sites, times, dates or modes of the exercise of free speech rights;

(b) Requirements for the use of private security personnel or monitors;

(c) Requirement that the applicant obtain any legally required permit or license;

(d) Requirements for notifying participants of the terms and conditions of the permit;

(e) Inspection and approval by City personnel of stages, booths or other structures erected or placed in the public right-of-way in connection with the event;

(f) Restrictions on the use of food, beverages or alcoholic beverages, including but not limited to a total prohibition, or prohibiting glass beverage containers;

(g) The assembly or disbanding area for a parade;

(h) The accommodation of pedestrian and vehicular traffic in and around the site of an event, including restricting the location of an event and the provision and use of traffic cones and barricades;

(i) The number and type of, or prohibition of, vehicles, animals or structures;

(j) The provision and use of garbage and recycling containers, and the cleanup and restoration of the site of the event;

(k) A deposit for cleanup if the event will include the erection of structures, the participation of animals, the operation of water aid stations, or the sale of food or beverages;

(l) The provision and operation of first aid stations and sanitary facilities, including handicap-accessible sanitary facilities;

(m) Restrictions on the amount of noise generated by sound amplification equipment, motors and other equipment;

(n) Automobile insurance for vehicles in a parade, the insurance form and amount to be determined by the Director;

(o) Prohibiting bicycles, skateboards, rollerblades and skates on the route or within the right-of-way;

(p) Prohibiting large items from the event area which might interfere with traffic or pedestrian circulation (chairs, tables, large coolers above a certain size, etc.);

(q) Prohibiting participation in the event without payment, if payment is required;

(r) Prohibiting outdoor tables or booths within the event area, unless the operator has first obtained a permit from the event sponsor;

(s) Requiting that the permittee obtain a food permit from the San Joaquin County Health Department for the sale of food out of doors;

(t) The requirement for an on-site contact person, with phone number;

(u) The requirement that no hand-carried signs be allowed to have a wood backing or a handle larger than one-half by one inch.

(Ord. 939 C.S. § 1 (part), 1996: prior code § 4-10.08)

The Director may amend or add to the conditions of a previously issued permit when the Director determines it necessary to protect the safety of persons or property, or to control vehicular or pedestrian traffic, if the material facts necessitating the conditions were first made known to the Director after issuance of the permit. If the Director imposes subsequent conditions, the Director shall promptly notify in writing the permittee, the City Attorney and all other City departments affected by the change, stating the reasons for it. If necessary, the Director shall also notify all parties and the event participants orally.

If the permit involves a free speech event and time permits, the permittee may request a hearing on the subsequent conditions. The permittee shall make the request to the Director within twenty-four (24) hours of receiving the subsequent conditions and must request a hearing at least forty-eight (48) hours before the event. The matter shall be heard by the appeal body designated in Section 4.40.150 at the City offices at 4:00 p.m. unless otherwise agreed. The appeal body shall render a decision orally at the conclusion of the hearing. The appeal body shall also notify in writing the permittee, the City Attorney, and affected City departments affected by the decision and the reasons for it.

(Ord. 939 C.S. § 1 (part), 1996: prior code § 4-10.09)

(a) Mandatory revocation. The Director shall revoke an event permit if the Director determines that there were grounds for denying the permit (under Section 4.40.060) which were not made known to the Director until after issuance of the permit.

(b) Discretionary revocation. The Director may revoke a special event permit if the Director determines that the event is being conducted in violation of the permit conditions or other applicable law or regulation. A permit may not be revoked because of the need to protect participants from the conduct of others, unless there are insufficient resources to provide necessary police protection. The Director may not revoke a permit until the Director advises the permittee of the violation and provides a reasonable opportunity to correct it.

(c) Notice. If the Director decides to revoke a permit before the date of the event, the Director shall promptly notify in writing the permittee, the City Attorney and all other City Departments charged with carrying out responsibilities under this chapter. If the Director has learned of the facts justifying revocation within twenty-four (24) hours of the event and decides to revoke the permit, the Director shall announce that decision to the event participants, to those City Departments and employees monitoring or controlling traffic during the event, and to the person in charge at the event, if that person can be located. Thereafter, the Director shall notify in writing the permittee and City Attorney. Each written or oral notice shall describe with particularity the reasons for the decision.

(d) Hearing. When the Director is able to and does revoke a permit at least forty-eight (48) hours before the event, the permittee may request a hearing. The hearing shall be held before the appeal body within twenty-four (24) hours of the permittee's request. The hearing shall be at the City offices at 4:00 p.m. unless otherwise agreed. The appeal body shall issue its decision orally at the conclusion of the hearing and shall notify in writing the permittee, the City Manager and the City Attorney. The notification, whether oral or written, shall describe with particularity the reasons for the decision.

(e) Judicial review. If the City revokes a free speech event permit, the City shall within two (2) working days file an action in the superior court for a determination on the validity of the revocation. At the time of filing, the City shall request that the court hear the matter as soon as possible and no later than two (2) court days after the filing.

(Ord. 939 C.S. § 1 (part), 1996: prior code § 4-10.10)

The Director, a City police officer or fire marshall may temporarily suspend an event whenever required to protect public safety because of a fire or other emergency. When an event is temporarily suspended, the permittee and event participants shall immediately comply with the suspending officer's instructions. The Director shall immediately attempt to notify the permittee orally and shall notify in writing the permittee and the City Attorney. The written notice shall be delivered within twenty (20) hours after the suspension, and shall describe with particularity the reasons for the suspension.

(Ord. 939 C.S. § 1 (part), 1996: prior code § 4-10.11)

The Director shall prepare written notice of the nature, date and time of an authorized event. As soon as possible before the date of the event, the Director shall give notice, or shall direct the permittee to give notice, to all property owners adjoining the public right-of-way where the event is to occur. The notice may be by mailing, publishing or posting along the route or at the site of the event. The failure of the Director (or permittee) to give such notice does not invalidate the permit.

(Ord. 939 C.S. § 1 (part), 1996: prior code § 4-10.12)

The Director is authorized and directed to place barricades on or within the public rights-of-way, and to undertake such other actions as may be necessary to cordon off the route or site of an authorized event. When appropriate, the Director shall post the route or site as a no-parking zone in advance and for the duration of the event.

(Ord. 939 C.S. § 1 (part), 1996: prior code § 4-10.13)

The use of amplified sound at a special event is prohibited unless it has been specifically approved as part of a special event permit. The Director, upon authorizing amplified sound as part of a special event permit, may impose reasonable conditions concerning the location of the sound system and the maximum decibel level for the sound system, and the maximum decibel level for the sound system to minimize the amount of amplified sound audible in adjacent areas.

(Ord. 939 C.S. § 1 (part), 1996: prior code § 4-10.14)

An applicant has the right to appeal any decision of the Director by filing a form prescribed by the Department with the Director, and stating the grounds for the appeal. If there is sufficient time before the event for the Parks and Recreation Commission to hear the appeal at a regularly scheduled meeting, that Commission shall hear the appeal. If the appeal is heard by the Commission, the decision may be further appealed to the City Council.

If there is not sufficient time for the Commission to hear the appeal, the appeal shall be heard by the City Manager or his or her designee. The appeal process is that set forth in Section 1.12.010, except for the shorter time periods specified here. The City Manager shall attempt to hold a hearing no later than three (3) working days after the filing of the appeal, and shall render the decision no later than two (2) working days after the appeal hearing. If the appeal is heard by the City Manager, the decision is final.

(Ord. 1111 § 4 Exh. A (part), 2007: Ord. 939 C.S. § 1 (part), 1996: prior code § 4-10.15)

Each permittee or sponsor of an authorized special event shall:

(a) Comply with all terms and conditions of the permit; and

(b) Ensure that the person in charge of the event carry the permit issued on his or her person during the duration of the event; and

(c) Ensure that the public right-of-way and surrounding area used for the event is cleaned and restored to the same condition or better as existed before the event.

(Ord. 939 C.S. § 1 (part), 1996: prior code § 4-10.16)

(a) Interference with event. No person shall physically obstruct, impede, hamper or otherwise interfere with an authorized event or with any person, animal or vehicle participating or used in the event.

(b) Driving through site of parade or athletic event. No person shall drive a vehicle between vehicles or persons traversing the route of an authorized parade or athletic event when the vehicles or persons are in motion.

(c) Prohibited parking. No person shall park along or within any portion of the route or site of an authorized event with the route or site has been officially posted as a no-parking zone.

(Ord. 939 C.S. § 1 (part), 1996: prior code § 4-10.17)

A violation of this chapter, including a violation of permit conditions, is unlawful and punishable as a misdemeanor. If there is a violation, the City may also take any other action permitted by law.

(Ord. 939 C.S. § 1 (part), 1996: prior code § 4-10.18)