Ventura Municipal Code Art. 1 General Provisions

This chapter is adopted pursuant to the municipal affairs provision of the City Charter for the purpose of regulating parades, athletic events, block parties, and public assemblies on or within a city street, parking facility, sidewalk, or other public rights-of-way that 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. (Ord. No. 2019-023, § 1, 12-9-19)

Unless the contrary is stated or clearly appears from the context, the following definitions shall govern the construction of the words and phrases used in this chapter:

“Administrator” shall mean the designee of the director of parks, recreation, and community partnerships of the city of San Buenaventura.

“Athletic event” shall mean any event where a group of persons collectively engage in a sport or form of physical exercise on or within a city street, parking facility, sidewalk, or other public right-of-way, including, without limitation, jogging, running, racing, bicycling, rollerblading, and roller skating.

“Block party” shall mean a noncommercial, non-free speech sociable gathering on a local, not arterial or collector, street or area requiring partial or complete street closure to vehicular traffic and use of the street for the event.

“Director” shall mean the director of parks, recreation, and community partnerships of the city of San Buenaventura or their designee.

“Event” shall mean any parade, athletic event, block party, or public assembly which may require partial or complete street closure to vehicular traffic and use of the street for the event.

“Free speech” shall mean activity protected by the First Amendment of the United States Constitution and/or Article 1, Section 2 of the California Constitution; provided, that such activity is a significant part of the event.

“In writing” shall mean telegram, email, a facsimile, or any other written document.

“Parade” shall mean any organized march or organized procession of animals, vehicles, or persons on or within a city street, parking facility, sidewalk, or other public right-of-way.

“Permittee” shall mean a person or entity to which the city issues a permit pursuant to this chapter.

“Public assembly” shall mean any group of people participating in an organized activity on or within a city street, parking facility, sidewalk or other public right-of-way, other than a group of people participating in an athletic event, block party, or parade. (Ord. No. 2019-023, § 1, 12-9-19)

The administrator shall receive applications, issue and revoke permits, and otherwise implement this chapter according to the procedures herein. (Ord. No. 2019-023, § 1, 12-9-19)

A. Where the provisions of this chapter require that an applicant/permittee be served with notice, such notice shall be deemed served when personally delivered to such applicant/permittee or when deposited in the first class U.S. mail, addressed to such applicant/permittee at the applicant’s/permittee’s last known address.

B. Unless otherwise provided, written notification to an applicant/permittee of a permit decision shall state with particularity the basis for such decision. (Ord. No. 2019-023, § 1, 12-9-19)

A. It shall be unlawful for any person to conduct, sponsor, or knowingly participate in any event on or within any city street, sidewalk, parking facility, or other public right-of-way that obstructs or interferes with the normal flow of vehicular or pedestrian traffic or which does not comply with applicable traffic laws or controls.

B. Activity in subsection A of this section is permissible when a permit for such an event is obtained pursuant to this chapter. A permit is not deemed issued until the administrator has received the applicant’s written acceptance in accordance with this chapter. (Ord. No. 2019-023, § 1, 12-9-19)

A permit shall not be required for the following:

A. An event occurring exclusively within a city park facility or on city property under the jurisdiction of the parks, recreation, and community partnerships department that does not have significant impact to that facility as determined by the director; or

B. A parade consisting of a vehicular funeral procession or wedding procession. (Ord. No. 2019-023, § 1, 12-9-19)

A. Except as otherwise provided by federal, state, or local laws, or other city council authorized restrictions, all fees applicable to this chapter including, without limitation, fees for using public property shall be established by city council resolution.

B. Charges will be imposed for city services provided to a permittee other than public safety and/or emergency services. Such charges will be determined by the applicable servicing city department(s) and shall be based on the actual cost incurred by the city in providing such services. Such service charges shall include, without limitation, charges for labor, supervision, overhead, administration, and the use of any and all city equipment, supplies, and the like. Additional charges may be imposed to cover the cost of extraordinary permit investigation and/or staff costs, if the administrator determines this necessary.

C. Traffic Control Fee.

1. Permittee shall pay to the city a fee in an amount equal to the city’s total estimated costs for providing all of the personnel and materials, including, without limitation, public safety personnel, necessary to control and monitor pedestrian and vehicular traffic for such event. Such fee shall be paid by the permittee prior to the issuance of the permit.

2. The traffic control fee may be waived by the administrator for any permit authorizing an event involving an exercise of free speech rights. Such waiver may be granted only upon a showing of the applicant’s inability to pay, which shall be supported by a financial declaration. (Ord. No. 2019-023, § 1, 12-9-19)

Except as otherwise provided, an applicant may request administrative review of the administrator’s decision pursuant to this chapter. (Ord. No. 2019-023, § 1, 12-9-19)

A. Except as otherwise provided, a request for review must be commenced within five days from the date on which written notice of the administrator’s decision is served on the applicant/permittee.

B. If request is untimely, the administrator may, nevertheless, extend the time for commencing such review for good cause shown. (Ord. No. 2019-023, § 1, 12-9-19)

A request for administrative review shall be on a form provided by the administrator and contain the following information:

A. The name, address, and telephone number of the person making the request;

B. A description of the decision, determination, or order which is the subject of the review, and the date such decision, determination, or order was made or issued;

C. A brief description of all grounds for making the request; and

D. Such other information as may be required by the administrator. (Ord. No. 2019-023, § 1, 12-9-19)

A. Upon request for administrative review being filed, the administrator shall promptly provide a copy of the notice to the director and the assistant city manager.

B. Upon receiving a request for review from the administrator, the assistant city manager shall review the request and, within 10 days of receiving the request, provide the appellant with a written notification that:

1. The administrator’s decision is affirmed;

2. The administrator’s decision is modified;

3. The administrator’s decision is reversed and a permit is issued or issued without special conditions.

C. The assistant city manager may, but is not required to, conduct a hearing at a time and place mutually agreeable to the parties. If the parties cannot agree on the time or place, then it shall be held the next business day at 4:00 p.m. at the assistant city manager’s office.

D. In addition to other provisions of this chapter, any notification to the requestor must set forth any modifications of the administrator’s decision. (Ord. No. 2019-023, § 1, 12-9-19)

Unless otherwise provided, an applicant may appeal the assistant city manager’s decision to the city council within 10 days of that decision as provided elsewhere in this code or by city policy and procedure. (Ord. No. 2019-023, § 1, 12-9-19)

Any violation of the provisions of this chapter, including any violation of the terms and conditions of a permit approved and issued in the manner provided by this chapter, shall be unlawful and punishable as an infraction. (Ord. No. 2019-023, § 1, 12-9-19)