Westlake Village Municipal Code Ch. 3.7 Special Event Regulations

Footnotes:

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Editor's note— Ord. No. 254-17, § 1, adopted December 13, 2017, in effect repealed the former Ch. 3.7, §§ 3.7.010—3.7.150, and reenacted a new Ch. 3.7 to read as set out herein. The former Ch. 3.7 pertained to Parade Regulations and derived from Ord. No. 106, adopted July 11, 1990; and Ord. No. 165-00, adopted September 27, 2000.

As used in this Chapter, "special event" means any ceremony, exhibition, festival, march, pageant, party, picnic, procession, sporting competition, or tournament consisting of persons, animals or vehicles, or combination thereof, upon any City alley, park, sidewalk, street, way, or other public place so as to impede, obstruct, impair or interfere with the ordinary use of such City property. "Special event" includes any charitable or commercial bike ride, run, or walk upon any City alley, park, sidewalk, street, way, or other public place so as to impede, obstruct, impair or interfere with the ordinary use of such City property. "Special event" also includes any event at a City park or the Civic Center that involves amplified sound, additional utilities, catering or food trucks, fencing, heat source devices, outside lighting, performers, rental equipment, or tents larger than ten (10) feet by ten (10) feet.

(Ord. No. 254-17, § 1, 12-13-2017)

No person shall engage in, participate in, aid, form, conduct or start any special event in or upon any City alley, park, sidewalk, street, way, or other public place unless a permit for such special event shall have been first obtained from the City.

(Ord. No. 254-17, § 1, 12-13-2017)

A. No person shall knowingly join or participate in any special event conducted under permit from the City, in violation of any of the terms of such permit, nor knowingly join or participate in any permitted special event without the consent and over the objection of the permittee, nor in any manner interfere with its progress or orderly conduct.

B. A permit for a special event in a City park does not grant the permittee exclusive use such park.

(Ord. No. 254-17, § 1, 12-13-2017)

A. A person seeking issuance of a special event permit shall file an application on forms supplied by the City. The application shall be filed not less than thirty (30) days nor more than ninety (90) days before the proposed day of the special event. The applicant shall set forth the following information:

1. The contact information of the applicant.

2. The contact information of the headquarters of the organization, if any, and of the organizer or responsible head of such organization by whom or on whose behalf the special event is proposed to be conducted.

3. The contact information of the person who will chair the special event and who will be responsible for its conduct.

4. The location and date of the proposed special event, including the assembly area, disbanding area, and, if applicable, the route to be travelled.

5. The approximate number of persons who will be participating in the special event and the approximate number of persons who will be observing the special event.

6. The hours when the special event will start and conclude.

7. The type of security arrangements that will be provided to assure that participants are properly directed.

8. Any additional information that the City Manager finds reasonably necessary to determine whether a permit should be issued.

B. A non-refundable application fee in the amount set by City Council resolution shall accompany all applications.

(Ord. No. 254-17, § 1, 12-13-2017)

A. Special Events Involving First Amendment Expression. If a proposed special event involves First Amendment expression, then the City Manager shall approve or deny the permit within five (5) days after receipt of a completed application unless the applicant requests or consents to an extension of the time period. A permit for a special event involving First Amendment expression shall be approved unless one or more of the following findings is made:

1. The public facilities desired to be utilized have been reserved for another use at the day and hour requested in the application.

2. The proposed location is physically unsuitable for the size of the proposed activity so as to constitute a public safety hazard.

3. The time set for the proposed activity would substantially interfere with the normal and ordinary use of the proposed route for the special event so as to constitute a traffic safety problem.

B. Special Events Not Involving First Amendment Expression. If the proposed special event does not involve First Amendment expression, then the City Manager shall approve or deny the permit within fourteen (14) days after receipt of a completed application unless the applicant requests or consents to an extension of the time period. A permit for a special event not involving First Amendment expression may be approved unless one or more of the following findings is made:

1. The proposed activity will unreasonably interfere with or detract from the general public enjoyment of the place where the activity is proposed to be located.

2. The proposed activity will require an excessive diversion of law enforcement personnel such that other areas of the City will not be provided with adequate police protection.

3. The proposed activity, by virtue of its proposed size, volume, infrastructure or organization constitutes a public safety problem.

4. The permitting of the proposed activity, in light of the number of events already permitted and scheduled within the City, will overburden the City's capacity for providing traffic control, clean-up, police security, and for overseeing the restoration of public facilities.

5. The permitting of the proposed activity will cause excessive interference with the normal use of the neighborhood in which it is to be located.

6. The public facilities desired to be utilized have been reserved for another use at the day and hour requested in the application.

(Ord. No. 254-17, § 1, 12-13-2017)

In each permit, the City Manager, or Council, on appeal, shall set forth the following information and conditions where applicable:

A. The contact information of the person to whom the permit is issued.

B. The contact information of the sponsoring organization, if any.

C. The contact information of the chairperson of the special event.

D. The date for which the special event is scheduled.

E. The assembly area for the special event.

F. The starting time for the special event.

G. The minimum and maximum speeds at which the special event is to progress.

H. The route that the special event will take including a map of the route. In addition, if the special event route passes through other jurisdictions, the permittee shall provide copies of all other permits obtained from those jurisdictions to the City Manager.

I. The portions of the public streets, sidewalk of other public property to be traversed by the special event that may be occupied by such special event.

J. The maximum number of platoons or units in the special event and the maximum and minimum interval of space to be maintained between the units of such special event.

K. The maximum length of such special event in miles or fractions thereof.

L. The disbanding area for the special event and the disbanding time.

M. The number of persons required to monitor or provide security for the special event.

N. The number and type of vehicles in the special event, if any.

O. The material and maximum size of any sign, banner, placard or carrying device therefor.

P. That the permittee advise all participants in the special event, by written notice, of the terms and conditions of the permit, prior to the commencement of such special event.

Q. That the amplification of sound permitted to be emitted from sound trucks, or bull horns, be fixed and not variable at a level which is not unreasonably loud.

R. That the special event continue to move at a fixed rate of speed and that any willful delay or willful stopping of such special event, except when reasonably required for the safe orderly conduct of the special event, shall constitute a violation of the special event permit.

S. A traffic control plan that includes, but is not limited to, a traffic and pedestrian circulation plan for both special event participants and special event observers, a diagram depicting the placement of traffic control devices and provisions regarding the removal of traffic control devices upon the completion of the special event.

(Ord. No. 254-17, § 1, 12-13-2017)

A. A permittee shall reimburse the City for the reasonable cost of any City services provided in connection with the permittee's special event (including clean-up, fire safety, parking attendants, traffic control, and trash hauling). For non-First Amendment activities, City services also include any security or extra law enforcement personnel provided for the special event.

B. The City Manager may require a permittee to deposit, at least five (5) business days prior to the date of the special event, a cash deposit in an amount sufficient to cover the total City departmental charges that the City Manager estimates will be incurred in connection with the permit. Departmental charges shall be based on the size of the special event and its anticipated impact on normal traffic. They will not be based on the content of any message to be expressed, the size of the crowd, or the anticipated crowd reaction to any message to be expressed.

C. Within ninety (90) days of the expiration date of a special event permit, the City Manager shall issue to the permittee a final invoice and billing for the City's service associated with the special event. If a service charge deposit was submitted and the invoice is amount is less than such deposit, then the invoice amount shall be deducted from the deposit and the balance shall be refunded to the permittee concurrently with the invoice. If a service charge deposit was submitted and the invoice amount exceeds such deposit, then the permittee shall remit the balance to the City within ten (10) days. If no service charge deposit was submitted, then the permittee shall remit the invoice amount to the City within ten (10) days.

(Ord. No. 254-17, § 1, 12-13-2017)

A. General Requirements. No less than five (5) days prior to the special event, the permittee shall file with the City Manager a correct insurance certificate and an additional insured endorsement establishing that the applicant has purchased general liability insurance to protect against loss from liability imposed by law for damages on account of bodily injury and property damage arising from the special event. The policy shall be primary and not contributing to any other insurance maintained by the City; it shall name the City of Westlake Village and the City's officers, agents, and employees as additional insureds; and it shall be issued by an insurer satisfactory to the City Manager. The policy shall provide the City thirty (30) days prior notice of any cancellation or modification of the policy unless the permittee provides proof that the premium for the policy has been paid for the time period during which the special event is scheduled. The permittee must maintain insurance for the duration of the special event.

B. Special Events Involving First Amendment Expression. If the proposed special event involves First Amendment expression, then the general liability insurance coverage shall be a minimum of one million dollars ($1,000,000.00) and the policy shall not bear a deductible greater than five thousand dollars ($5,000.00) per occurrence.

C. Special Events Not Involving First Amendment Expression. If the proposed special event does not involve First Amendment expression, then the City Manager shall determine the required general liability coverage, and may require the permittee to provide other types of insurance coverage, based on the risks associated with the event and the anticipated number of participants and spectators.

(Ord. No. 254-17, § 1, 12-13-2017)

A. The applicant shall have the right to appeal the denial of a permit or the imposition of a permit condition. The applicant shall also have the right to appeal the amount of a service charge deposit requirement or a determination that the applicant's insurance policy is not satisfactory. A notice of appeal shall be filed with the City Clerk within five (5) days after mailing or personal delivery of a notice of denial or approval of a permit subject to conditions. The notice shall specifically set forth the grounds for the appeal. The appeal must be filed not later than noon, one calendar week preceding a City Council meeting, to be placed on the next regular meeting's agenda. The City Council shall hear the applicant or a designated representative, receive any relevant information and documents, and act on the appeal at its next regular meeting. The decision of the City Council shall be final.

B. If there is insufficient time for a timely appeal to be heard by the City Council prior to the date on which the event is scheduled, the applicant may, at his or her option, request that the appeal be heard by the City Manager or the City Manager's designee. The City Manager or designee shall hold a hearing no later than two (2) business days after the filing of the appeal, and will render a decision no later than one business day after hearing the appeal. If the appeal is heard before the City Manager or designee, the decision shall be final.

(Ord. No. 254-17, § 1, 12-13-2017)

The City Manager, or City Council on appeal, in denying an application for a special event permit, may authorize the proposed event or special event on a date, at a time, or at a location different from that requested on the application, or may otherwise condition approval so to avoid any circumstances giving rise to a denial under Section 3.7.050.

(Ord. No. 254-17, § 1, 12-13-2017)

A. Upon showing of good cause, the City Manager shall consider an application that is filed after the filing deadline if there is sufficient time to process and investigate the application and obtain police services for the event. The applicant can demonstrate good cause by showing that the circumstances which gave rise to the permit application did not reasonably allow the participants to file with the time prescribed, and that the event is for the purpose of First Amendment expression.

B. Upon showing that the special event is for the purpose of exercising First Amendment expression, and that the fees and cost of traffic control and issuance are so financially burdensome that they would constitute an unreasonable burden on the right of First Amendment expression, the City Manager, or the City Council on appeal, shall waive or decrease the fees and costs as necessary.

(Ord. No. 254-17, § 1, 12-13-2017)

Any permit for a special event issued hereunder may be summarily revoked by the City Council at any time when by reason of disaster, public calamity or other emergency, the City Council determines that the safety of persons or property demands such revocation. Notice of any meeting of the City Council for such purpose shall be given to applicant in the same manner as the members of the City Council are notified.

(Ord. No. 254-17, § 1, 12-13-2017)

If City property is destroyed or damaged by reason of the permittee or persons participating in the permittee's special event, then the permittee shall reimburse the City for the actual replacement or repair cost of the destroyed or damaged property.

(Ord. No. 254-17, § 1, 12-13-2017)

Willful violation of this Chapter or any of the terms or conditions of a special event permit by the permittee or any participant in a special event is a misdemeanor and shall be punishable as provided in Section 1.2.005(a) of this Code.

(Ord. No. 254-17, § 1, 12-13-2017)