Vallejo Municipal Code Ch. 5.24 Outdoor Festivals and Other Uses of Public Buildings and Grounds

For the purpose of Sections 5.24.020 through 5.24.100, "outdoor festivals" mean and include any outdoor gathering of individuals for the purpose of participating in or attending a dance, musical carnival, "rock" festival or like musical activity at which vocal or instrumental or both vocal and instrumental music is provided by professional or amateur performers, or by prerecorded means, which gathering is held at any place other than in a permanent building or permanent installation which building or installation has been constructed or customarily used for the purpose of housing such activities, and to which gatherings members of the public are invited or admitted with or without the payment of admission charges in any form.

(Ord. 966 N.C. § 1, 1970.)

It is unlawful for any person, group of persons or entity to operate, conduct, maintain, advertise, sell or furnish tickets or other types of written authority to admission to an outdoor festival in the city of Vallejo unless a license to operate or conduct such festival shall have been issued in the manner hereinafter described in Sections 5.24.030 through 5.24.100.

(Ord. 966 N.C. § 2, 1970.)

A. Application for a license to conduct an outdoor festival shall be made in writing to the collections and permits division, finance and records department, city of Vallejo, at least sixty days prior to the time indicated for the commencement of the outdoor festival. The application shall be accompanied by a nonrefundable application fee in the amount of one hundred fifty dollars, which filing fee shall be paid to the collections and permits division, finance and records department, city of Vallejo and which application shall contain the following information:

1. The name (including alias), age, residence, mailing address and telephone numbers of each person making the application. If the application is filed by a partnership, the name, (including alias), age, residence and mailing address and telephone numbers of each partner shall be included. If the applicant is a corporation or a common law or Massachusetts Trust, the application shall be signed by the president and secretary thereof, or in the case of a common law or Massachusetts Trust then by the trustees thereof and in each instance shall contain their residences, mailing address and telephone numbers, the telephone numbers, the mailing addresses and the street addresses of the principal place of business of the corporation or trust and in the case of a corporation shall also include a certified copy of articles of incorporation and the by-laws of the corporation, and in the case of a common law or Massachusetts Trust shall include a certified copy of the trust indenture;

2. The location and legal description of the premises where the outdoor festival is proposed to be conducted, including all lands to be used for automobile parking and other incidental uses. The applicant shall submit proof of ownership of the premises and the written consent of all owners thereof for the proposed use;

3. The date or dates and the hours during which the festival is to be conducted;

4. An estimate of the numbers of persons, participants and spectators expected to attend the proposed outdoor festival on each day it is conducted, together with detailed information supporting such estimate;

5. A detailed statement of the applicant's program and plans to provide emergency communications, security protection, water supply, food supply, sanitary facilities, medical facilities and services, vehicle parking space, vehicle uses and on-site traffic control, sound and lighting equipment, fire protection, garbage, trash and litter cleanup service, and if it is proposed or expected that spectators or participants will remain at night or overnight, the arrangements for illuminating the premises and for aping and similar facilities. There shall be included a map showing the location of all such facilities and equipment on the premises including the location of all loud speaking and the location of all toilets, medical facilities, lighting, emergency communications, drinking facilities and solid waste receptacles;

6. A detailed explanation of the applicant's plan for policing the activity with particular emphasis on the control and prevention of alcoholic and drug consumption.

B. The application shall include an agreement filed by the applicants and by the owners of the subject premises that they will reimburse all owners and occupants of property adjoining the subject premises for any and all loss, injury or damages to such owners or occupants or to their property caused by the applicants, by the owner of the subject premises, or by any person attending or participating in the outdoor festival, which damage shall not have occurred had the outdoor festival not been held. Accompanying and securing the agreement shall be a surety company bond in favor of the city of Vallejo and all persons to whom the applicant and/or owners of the subject premises may be liable because of the above required agreement. The bond shall be prepared by a corporate bong company authorized to do business within the state of California by the department of insurance and shall be in the amount of not less than fifty and dollars.

C. The application shall include an agreement filed by the applicants to defend, indemnify, save and hold the city of Vallejo harmless from and on account of any and all claims against the city of Vallejo for injury or damage of any kind or nature to persons or property in, upon or about the subject premises or arising from or in connection with the outdoor festival from any cause whatsoever. The applicants shall covenant and agree to keep and maintain in full force and effect for a period of one year from and after the date upon which they shall have been issued a license to conduct an outdoor festival, a policy of public liability and property damage insurance in standard form in insurance companies satisfactory to the city of Vallejo and shall furnish the policy therefor to the city of Vallejo. Such public liability insurance shall insure the city of Vallejo for limits of not less than two hundred fifty thousand dollars for injury to any one person and five hundred thousand dollars for injury to more than one person, and in the amount of fifty thousand dollars for property damage. Said policy shall be delivered to the city of Vallejo at least ten days before the issuance of a license and such policy shall bear an endorsement of or shall be accompanied by evidence of receipt of payment of the premium thereon.

D. The application shall include an agreement signed by the applicants providing that wig seventy-two hours after the conclusion of the outdoor festival the applicants will clean up the premises, including contiguous public road, ways and easements, and move all debris, garbage, trash, litter and other waste matter from, in and around said premises; together with all advertising matter relating to said festival.

(Ord. 966 N.C. § 3,1970.)

An application shall not be considered completed until each applicant has been fingerprinted and photographed by the city of Vallejo police department.

(Ord. 966 N.C. § 4, 1970.)

Upon receipt of the fully completed application the tax and license collector of the city of Vallejo shall give copies of the application to the city manager, chief of police, the director of public works and the planning director. The city manager, the chief of police, the director of public works and the planning director shall each determine, whether with regard to their specific areas of responsibility the proposed outdoor festival can be held without violation of any of the provisions of Sections 5.24.010 through 5.24.100. Within forty-five days after the filing of a completed application the city manager, the chief of police, the director of public works and the planning director shall complete their investigations and shall notify the tax and license collector of their approval or disapproval of the issuance of a license. If all such officers approve the issuance of a license, the tax and license collector shall, after collecting a license fee of one hundred fifty dollars for each day the outdoor festival is to be operated, issue said license. If any of said officers disapproves the issuance of a license, no license shall be issued, and the reasons for such disapproval shall be stated in writing with such notice of disapproval, a copy of which shall be delivered to the applicant.

(Ord. 30 N.C.(2d) § 1, 1971: Ord. 966 N.C. § 5, 1970.)

The city manager and/or the city council shall have the right to revoke any license issued pursuant to Sections 5.24.010 through 5.24.100 after a public hearing held after written notice is given to the licensee at least twenty-four hours prior to such hearing, for any of the following causes:

A. The licensee fails, neglects or refuses to fulfill any of the conditions imposed upon the granting of a license;

B. The licensee fails, refuses or neglects to fulfill any of the provisions of the proposed program or plans;

C. The licensee permits the outdoor festival to be conducted in a disorderly manner or allows any person to remain on the premises while under the influence of intoxicating liquor or any narcotics or dangerous drug;

D. The licensee violates, or attempts to violate, any law of the state and/or the provisions of Sections 5.24.010 through 5.24.100 or any other ordinance of the city of Vallejo;

E. That the licensee has precisely made a false, misleading or fraudulent statement of material fact in the application for a license or in any other document required pursuant to Sections 5.24.010 through 5.24.100.

Written notice of such revocation shall be forwarded by the city clerk to the chief of police, the tax and license collector and to the licensee at the address given in the application. Such revocation shall become effective immediately after ordered by the city manager.

(Ord. 30 N.C.(2d) § 2 (part), 1971: Ord. 966 N.C. § 6, 1970.)

The chief of police may suspend operation and close any outdoor festival prior to the expiration of the license granted under the provisions of Sections 5.24.010 through 5.24.100 in the event of the occurrence of a riot, major disorder, or serious breach of the peace when, in his opinion, it becomes necessary to prevent injury to person or persons and/or damage to property.

(Ord. 30 N.C.(2d) § 2 (part), 1971: Ord. 966 N.C. § 7, 1970.)

If the city manager, as a condition of issuance of the license, imposes a limit on the number of persons to be admitted to the outdoor festival and/or requiring that only holders of tickets shall be admitted to the premises on which the festival is to be held, it shall be unlawful for the licensee, or any agent or employee of the licensee:

A. To allow, permit, or suffer the entrance to the premises in which the outdoor festival is held, of any person who does not possess a ticket, except a peace officer or other public officer in the performance of his duties;

B. To sell, give, or distribute a greater number of tickets than the number authorized by the city manager;

C. To allow, permit or suffer the admission of any person to an outdoor festival if such admission shall result in a greater number of persons present than authorized by the city manager.

(Ord. 30 N.C.(2d) § 2 (part), 1971: Ord. 966 N.C. § 8, 1970.)

No license granted under the provisions of Sections 5.24.010 through 5.24.100 shall be transferable or removable to another location.

(Ord. 30 N.C.(2d) § 2 (part), 1971: Ord. 966 N.C. § 9, 1970.)

A. Any person, group of persons, or entity seeking to hold, conduct, or operate an outdoor festival, as that term is defined in Section 5.24.010, on real property owned, leased, rented or possessed by any public entity, may be exempted from making application for a license, paying the application fee, providing the indemnity bond and the policy of public liability and property damage insurance required by Section 5.24.030, provided each of the following conditions is satisfied:

1. The person, group of persons, or entity seeking to hold, conduct, or operate an outdoor festival makes application in writing to the chief of police, city of Vallejo, for a permit, on a form to be provided by him, at least five days prior to the time indicated for the commencement of the festival;

2. The applicant obtains and delivers to the chief of police, at the time of making the application, a written sponsorship of or written permit for the festival signed by the public entity on whose real property the festival is proposed to be held, conducted, or operated;

3. The application shall set forth the day or days, the time which shall not exceed four hours duration on any one day between the hours of ten a.m. and ten p.m., and the place of the proposed festival, and the name, residence address and telephone number of the applicant and each member of the performing music group(s) including their leader(s);

4. The applicant confirms in the application, or in a separate writing attached thereto, that:

a. Each member of the musical group(s), including their leader(s), will receive no monetary compensation for performing in the festival and,

b. No charge whatsoever will be sought or collected for admission to or attendance at the proposed festival;

5. The applicant agrees in the application, or in a separate writing attached thereto, that he will assume full responsibility for restoring the immediate location of the festival, including the area occupied by the audience, to a clean and sanitary condition, and will remove and properly dispose of all debris, garbage, litter and other waste matter from, in and around said location, together with all advertising matter relating to the festival, within four hours immediately following the conclusion of the festival.

B. The chief of police shall examine the application and all supporting documents, including the written sponsorship or permit of the public entity, and if he finds them to be in compliance with the required conditions set forth herein, he shall issue a permit in writing to the applicant authorizing the outdoor festival to be held, conducted, or operated on the date(s), and at the time(s) and place(s) indicated therein, and he shall forthwith transmit a copy of the permit to the city manager and the affected public entity. The chief of police shall have the final decision making authority in connection with the issuance or denial of permits hereunder.

C. No permit granted under the provisions of this section shall be transferable or removable to another location. The chief of police shall have the right to revoke any permit issued under the provisions of this section after a hearing held upon at least eight hours written notice given to the permit for any of the causes set forth in Section 5.24.061(revocation of license). The chief of police may suspend operation and close any outdoor festival prior to the expiration of the permit granted under the provision of this section in the event of the occurrence of imminent threat, of a riot, major disorder, or serious breach of the peace when, in his opinion, it becomes necessary to prevent injury to person or persons and/or damage to property.

(Ord. 30 N.C.(2d) § 3, 1971: Ord. 966 N.C. § 10, 1970.)

The following words and terms, when used in Sections 5.24.120 through 5.24.180 shall be construed as defined:

A. "Building" means any structure owned or controlled by city, including the contents and fixtures of such structure.

B. "City" means the city of Vallejo.

C. "Grounds" means any land area owned or controlled by city, including improvements and landscaping on, over and under such land, except buildings.

D. "Group" means two or more persons, commonly engaged in use of any building or grounds, or any club, organization or association.

E. "Outdoor festivals," for the purpose of Sections 5.24.120 through 5.24.180, mean and include any outdoor gathering of individuals for the purpose of participating in or a attending a dance, musical carnival, "rock" festival or like musical activity at which vocal or instrumental or both vocal and instrumental music is provided by professional or amateur performers, or by prerecorded means, which gathering is held at any place other than in a permanent building or permanent installation which building or installation has been constructed or customarily used for the purposes of housing such activities, and to which gatherings members of the public are invited or admitted with or without the payment of admission charges in any form.

F. "Permit" means a written authorization to use any building or grounds, issued by the permits office, as herein provided.

G. "Permits office" means the collections and permits division, finance and records department, city of Vallejo.

H. "Person" means any person, firm or corporation.

(Ord. 967 N.C. § 1, 1970.)

It is unlawful for any group or person to enter, use or occupy for any purpose, any building or grounds, without having first received from the permit to do so, except as provided in Section 5.24.140.

(Ord. 967 N.C. § 2, 1970.)

It is unlawful to use any building or grounds in any manner other than prescribed by Section 5.24.110 through 5.24.180 and by regulations announced, as herein provided, to govern use of such buildings and grounds.

(Ord. 967 N.C. § 3, 1970.)

Permits specified in Section 5.24.120 shall not be required of persons or groups to enter, remain in or use for intended purposes city-owned or controlled buildings or grounds:

A. To transact public business or furnish public services during regular hours of transacting said business or furnishing said service and where signs or notices do not advices that such permits are required; and

B. To fish in any lake, reservoir, or stream when issued a permit by the city for such purpose under rules and regulations promulgated by the city manager.

(Ord. 1270 N.C.(2d) § 1, 1993: Ord. 967 N.C. § 4, 1970.)

A. Applications shall be made in writing in, and on forms provided by the permits office and in each case shall specify the following information:

1. Name, address and telephone number, if any, of applicant. If applicant is a group of persons, the person making the application shall, in addition, enter on the application the number of persons in said group, and his own name, address and telephone number, if any, and the title of his office in said group;

2. The date or dates and included hours thereof, during which use of said building or ground is desired;

3. The purpose use for which use of said building or ground is desired;

4. A complete listing of articles which will be brought into said building for use by applicant.

B. The applicant shall certify that he shall hold the city free of any liability whatever for any damage to persons or property arising from any incident or condition relating to use of privilege granted by permit.

C. The applicant shall post bond, as required hereinafter, to guarantee repair of any damage to said building, contents, and grounds which may result from use of privilege granted by permit.

D. The applicant shall pay the fee, if any, chargeable for use of the particular room or rooms or facility within the public building or grounds, or portion thereof, as specified in resolution adopted by the city council.

(Ord. 439 N.C.(2d) § 1, 1978: Ord. 967 N.C. § 5, 1970.)

The permits office shall forward to the following approving authorities, as appropriate, applications to use the following buildings and grounds:

A. City hall .....City clerk

B. City hall grounds and surrounding spaces .....Public works director

C. Library .....Librarian

D. All other buildings and grounds .....Public works director.

(Ord. 967 N.C. § 6, 1970.)

Approving authorities listed in Section 5.24.160 shall administer the following policies;

A. No building or ground shall be used:

1. For private gain, except in conformance with contract, executed by competent authority;

2. For any purpose which is unlawful, or inimical to public health, or welfare, or safety, or morals;

3. For such purpose as to offer probable damage or fire hued to said building or grounds, or injury to persons therein or thereon.

B. Public buildings and grounds may be made available to applicants when proposed use will not interfere with preparation for, or conduct of, public business, in the following priorities:

1. Meetings for conduct of official business of other jurisdictions;

2. Meetings for conduct of official business of quasipublic groups, or groups organized to accomplish civic betterment;

3. Meetings or social activities or organizations which conduct continuing programs for public welfare, recreation, or rehabilitation.

C. If approving authority determines that proposed use may produce damage other than fair wear and tear, he may require that applicant post a cash bond to guarantee repairs as a condition of approving application. The bond shall not exceed fifty dollars and shall be deposited with the finance officer and rely only on approval of said approving authority.

D. If approving authority determines that proposed use will cause more clean-up work than is normally provided, he may require payment of a fee equal to estimate of city's cost of said abnormal labor and materials, as a condition of approving application.

(Ord. 967 N.C. § 7, 1970.)

Each approving authority, designated in Section 5.24.160, is authorized to promulgate regulations governing use of individual buildings and grounds consistent with policies announced in Section 5.24.170. Said regulations shall be furnished in writing, to each person or group permitted to use any building.

(Ord. 967 N.C. § 8, 1970.)