Ventura Municipal Code Art. 4 Permit Conditions

Permittee will enter into a hold harmless agreement, in a form approved by the city attorney, with the city which will indemnify city, its officers, employees, and agents, from any liability arising from permittee’s event. Such agreement will be filed with the director prior to issuance of the permit. (Ord. No. 2019-023, § 1, 12-9-19)

A. Insurance Requirements. Except as otherwise provided by this chapter, permittee will obtain general liability insurance from an insurance company licensed to do business in the state of California and having a financial rating from A.M. Best of not less than “A:VII.” Such insurance will provide “occurrence” coverage against liabilities for death, personal injury, or property damage arising out of or in any way connected with such event. The amount of such insurance will be based upon the city’s insurance guidelines adopted by the city council by resolution and will reflect the size and nature of the event and the risks foreseeably involved. Such insurance will name the city of San Buenaventura and the city’s officers, employees, agents, and volunteers as additional insureds under the coverage afforded. In addition, such insurance will be primary and noncontributing with respect to any other insurance available to the city and will include a severability of interest (cross-liability) clause. If alcoholic beverages are sold or served at the event, the policy must also include an endorsement for liquor liability in an amount not less than $2,000,000 per occurrence. The city council by resolution may amend or modify the general insurance requirements by adopting a resolution setting forth the specific terms and requirements generally applicable for all permittees. The city’s risk manager may in particular circumstances where unusual risks are associated with permittee’s request increase the limits and requirements of this chapter.

B. Certificates of Insurance. A copy of the policy or a certificate of insurance along with all necessary endorsements, in a form approved by the city’s risk manager, must be filed with the director no less than 10 business days, except as otherwise provided in this chapter, prior to the date of the event unless the director for good cause waives the filing deadline.

C. Waiver of Insurance Requirements. The insurance required by this section will be waived by the director in consultation with the city attorney and the city’s risk manager for a free speech permit. In the circumstance that an otherwise free speech event includes nonexpressive activities such as the provision of food or recreational activities such as bounce houses, the insurance requirements may only be waived or reduced for the expressive, free speech activities. (Ord. No. 2019-023, § 1, 12-9-19)

The permittee will attempt to notify all affected persons, by any reasonable means, regarding the event’s nature, date, and time as specified by the administrator. Failure of affected persons to receive actual notice after the permittee has given reasonable notification shall not invalidate a permit. (Ord. No. 2019-023, § 1, 12-9-19)

A. Grounds for Special Permit Conditions. The administrator may condition a permit with reasonable requirements concerning the time, place, or manner of holding such event as necessary to protect the safety of persons and property or to control vehicular and pedestrian traffic in and around the site of the event; provided, that these requirements shall not be imposed in a manner that will unreasonably restrict the exercise of free speech rights.

B. Conditions may include, without limitation, the following:

1. Assembly or disbanding area for a parade;

2. Accommodating an event’s pedestrian and vehicular traffic, including restricting events to city sidewalks, portions of a city street, parking facility, or other public right-of-way;

3. Avoiding substantial interference with public safety and/or emergency service access;

4. The number and type of vehicles, animals, or structures to be displayed or used in the event;

5. Inspection and approval by city personnel of stages, booths, floats, and other structures or vehicles to be used or operated in the event, in order to ensure that such structures or vehicles are safely constructed and can be safely operated;

6. A cleaning deposit if the event includes using structures, displaying or using horses or other large animals, operation of water stations, food sales, beverage sales, and/or sale of other goods or services;

7. Provision and use of traffic cones and barricades;

8. Provision and operation of first aid stations or sanitary facilities, including handicap-accessible sanitary facilities;

9. Provision and use of garbage containers, and the cleanup and restoration of the site of the event at the termination of the event;

10. Use of sound amplification equipment, and restrictions on the amount of noise generated by motors and other equipment used in the course of the event;

11. The manner for providing notice of permit conditions to event participants;

12. Provision and use of emergency services;

13. Alternate sites, times, dates, or modes for exercising free speech rights;

14. Obtaining of any and all business licenses required by this code for the sale of food, beverage, or other goods or services at the event; and

15. The manner of which alcohol sales and service, if any, shall be conducted. (Ord. No. 2019-023, § 1, 12-9-19)

A. Grounds for Special Permit Subsequent Conditions. The administrator may condition previously issued permits upon learning or discovering facts not previously disclosed or reasonably discoverable.

B. Notice of Special Permit Subsequent Conditions. Should subsequent conditions be required, the administrator shall serve written notice on the permittee of this decision. When acting upon information obtained 24 hours prior to an event, the administrator may orally inform the permittee, and city personnel overseeing the event, of the new conditions.

C. Except where otherwise provided, a permittee may seek review of imposition of subsequent conditions to the assistant city manager as provided in this chapter. The assistant city manager’s decision is a final determination. There shall be no right of city council appeal.

D. Except where otherwise provided, an applicant conducting a free speech event may appeal the decision to impose subsequent conditions through a hearing before the assistant city manager. The assistant city manager’s decision is a final determination. There shall be no right of city council appeal.

1. An applicant is entitled to an appeals hearing provided the applicant appeals the administrator’s decision within 24 hours of receiving notice of such conditions and the event’s purpose is for free speech.

2. The hearing shall be at the assistant city manager’s office at 4:00 p.m. the next business day after the hearing is requested, unless otherwise agreed upon. The assistant city manager shall issue a decision orally at the conclusion of the hearing and shall also notify the applicant, the administrator, and the director in writing of the assistant city manager’s decision. Any notification shall describe, with particularity, the facts and reasons supporting the decision. (Ord. No. 2019-023, § 1, 12-9-19)