All street events, which are likely to attract at least seventy-five persons, including parades, processions, foot and bicycle races, assemblages and other events, including, but not limited to, marathons, bike-a-thons, triathlons and other such uses of the public streets, highways, thoroughfares, rights-of-way and other public property which are also utilized by motor vehicles, constitute traffic hazards and a threat to the public safety and are prohibited unless a properly issued street permit has first been obtained.
(Ord. 1457 § 1, 2010)
All special events which are likely to attract at least seventy-five persons occurring on property within the city, other than that property specified in Section 8.50.010 of this code, shall be prohibited unless a properly issued special events permit has first been obtained. As hereinafter mentioned in this chapter, "special events" mean any assembly, congregation, attraction, display, entertainment, demonstration, carnival, bazaar, circus, rodeo, or other traveling show, fair, festival, food faire, cook-off, dance, concert or performance, foot race, bicycle race, walking event, parade or any other planned occurrence that is likely to become a hazard to the public peace, health, safety or general welfare. The prediction of attendance or other factors that make the event likely to become a hazard shall be documented by the issuing authority at the time the determination is made.
(Ord. 1457 § 1, 2010)
(a) 
Small events shall be regulated in accordance with this section. A "small event" is any special event that is likely to draw less than five hundred persons in a four-hour period.
(b) 
Notwithstanding the provisions of this chapter, the requirements for a small event may be lessened consistent with the lessened impacts and dangers of such a small event. Those requirements shall, however, require that an application be made, that a plot plan and/or parking plan be provided, that insurance is in effect protecting the city in a form that comports with the dangers of the event but usually necessitating one million dollars in coverage, and that a letter from an owner or manager of the site be presented that confirms that permission to use the property for the event proposed has been given.
(c) 
The community services manager shall be authorized to issue such a small event permit if the event is to occur on public property other than public property located in right-of-way; as defined in Section 8.50.010. The planning/building director shall be authorized to issue such a permit if the event is to be conducted on private property, subject to the provisions in Chapter 21.48 of this code.
(Ord. 1457 § 1, 2010; Ord. 1544 § 6, 2019)
"Expressive activities" are those events which involve pure noncommercial speech under the constitutions of the United States and California and shall be subject to less regulation to comport with constitutional law as described in this chapter.
(Ord. 1457 § 1, 2010)
"Spontaneous events" are those expressive activities that are planned because of a current event that has occurred in the last five days.
(Ord. 1457 § 1, 2010)
Notwithstanding any other provision of this chapter, no person shall conduct, promote, organize, stage, participate or exhibit any aerial activity in or over the city limits. "Aerial activities" include, but are not limited to, aircraft, balloons, parachutes, skydiving, hang gliders, or other device or contrivance so constructed that will carry a person on wind or air, by human power, and/or motor. Specifically exempted from this prohibition are aerial activities completely preempted by the federal government.
(Ord. 1457 § 1, 2010)
All applications for street or special events permits must be on file with the city sixty days before the scheduled event unless an exemption applies. Notwithstanding the foregoing, the city manager shall waive the time limits contained herein for noncommercial activity involving freedom of speech, whenever necessary to protect First Amendment rights. The city manager shall either approve or deny the application within thirty days of the date the completed application is filed. Any determination to deny or condition a permit shall be supported by facts and be in writing. The applicant shall thereafter have five days to file an appeal with the city council in the event of denial. All appeals shall be in writing and list all grounds upon which the appeal is based. Any member of the city council may also appeal any decision of the city manager. The city council may, by resolution, set appropriate fees for the filing of applications or appeals.
(Ord. 1457 § 1, 2010)
All applications for a street permit shall be on a form provided by the city and shall provide the information necessary for staff to make their recommendations to the city manager. Said form shall provide for at least the following information:
(1) 
The applicant's identity and the identity of a responsible natural person that will serve as the city's primary interface for communications. If the application is made by a partnership, the names and addresses of the partners shall appear. Where the applicant is a corporation, the application shall be signed by the president and secretary of such corporation and shall contain the addresses of such corporate officers, and a certified copy of the articles of incorporation shall be submitted with the application. The name, date of birth, driver's license number, resident and mailing address of the responsible natural person shall be included. When the applicant intends to utilize a professional event-organizer, the city manager shall have the discretion to require all or some of the information required by this section for either or both so that the city shall have the identities of the responsible parties;
(2) 
The route of the event shall be provided on a diagram and shall show the starting point and terminus;
(3) 
Staging and parking areas shall be identified;
(4) 
A description of the type of event will be provided;
(5) 
The likely number of participants, assistants, workers and spectators will be provided;
(6) 
All security and directional devices proposed to be employed shall be identified. The level and type of security and personnel shall be at the sole discretion of the chief of police based on the facts presented which shall be documented;
(7) 
Water and sanitation facilities to be provided shall be identified.
(Ord. 1457 § 1, 2010)
Street permits will be issued conditionally whenever the public health and safety so require. All such conditions shall be justified by determinations supported by facts. Conditions that may be imposed in such permit include, but are not limited to, the following:
(1) 
That the event only proceed along a designated route and only within certain designated parameters;
(2) 
That the permittee provide certain security or traffic directional measures for the event;
(3) 
That the permittee provide for the sanitation, trash disposal and/or water needs of all participants, assistants, workers and spectators;
(4) 
That an appropriate cash deposit or bond be posted with the city to compensate it for any special services that may be required, including but not limited to, police, fire, traffic-control and cleanup; provided that with respect to constitutionally protected noncommercial parades and demonstrations, no police fees shall be charged other than for traffic control. All charges shall be based on the hourly rate of all employees expected to be required to perform services during the event and shall contain an administrative charge to cover the support services incurred as a result of the event. The permittee shall post said deposit or bond at least fourteen days before the event. The permittee shall be given an accounting of all charges within a reasonable time after the event, and a refund if due.
(Ord. 1457 § 1, 2010)
All applications for a special event permit shall be on a form provided by the city, and shall provide the information necessary for staff to make their recommendations to the city manager. Said form shall provide at least the following information:
(1) 
The applicant's identity, and the identity of a responsible natural person that will serve as the city's primary interface for communications. If the application is made by a partnership, the names and addresses of the partners shall appear. Where the applicant is a corporation, the application shall be signed by the president and secretary of such corporation and shall contain the addresses of such corporate officers, and a certified copy of the articles of incorporation shall be submitted with the application. The name, date of birth, driver's license number, residence and mailing address of the responsible natural person shall also be included. When the applicant intends to utilize a professional event-organizer, the city manager shall have the discretion to require all or some of the information required by this section for either or both so that the city has the identity of the responsible parties;
(2) 
The address or legal description of the place where the proposed special event is to be conducted, operated or carried on. Additionally, the applicant shall submit proof of ownership of the place where the special event is to be conducted or a written statement of the owner of the premises indicating his or her consent that the site be used for the proposed special event;
(3) 
The date or dates and the hours during which the special event is to be conducted;
(4) 
A list of all employees of the applicant that will be working within the city limits prior to and during the event. The list shall include a current residence address, date of birth, driver's license number, and a current photo of each employee. No employees may be added unless the police department has had an opportunity to investigate the proposed employee;
(5) 
A statement as to whether or not the applicant has been convicted of any felony, misdemeanor, municipal ordinance or other crime, the nature of the offense, and the penalty or punishment assessed therefor;
(6) 
If the special event will involve rides or other concessions that are operated by independent contractors, the information required by this section will be required for each independent contractor/concessionaire;
(7) 
A detailed written explanation of the applicant's plan to provide security, fire protection, water supplies and facilities, food supplies and facilities, sanitation facilities, vehicle access, parking spaces and onsite traffic control, and provisions for cleanup of the premises. A dimension site plan shall be submitted setting forth the location of the above items and the details of Section 8.50.070. The level and type of security and personnel shall be at the discretion of the chief of police based on the facts provided in the application which shall be documented.
(Ord. 1457 § 1, 2010)
The dimensioned plan shall be in compliance with, and set forth the details of the following:
(1) 
Location of rides and their type, games, concessions, fire extinguishers, waste disposal and sanitation facilities, tents and awnings, generators and fuel storage, food service booths and methods of cooking, and fire vehicle accessways;
(2) 
A minimum of one eight-foot aisle way shall be provided between rides, games, concessions, waste and sanitation facilities;
(3) 
One twenty-five foot fire lane shall be provided within one hundred fifty feet of the most remote event.
(Ord. 1457 § 1, 2010)
All special events shall be conducted in accordance with the following conditions:
(1) 
Exits, aisles, ramps, corridors and passageways shall not be blocked nor have their required width obstructed in any manner by ticket offices, turnstiles, concessions, chairs, equipment or persons.
(2) 
All combustible waste material and rubbish shall be stored in approved containers.
(3) 
Each ride, game and concession shall provide a minimum of two thirty-gallon metal trash containers, and one special dumpster shall be located on site.
(4) 
The applicant shall clear the carnival area and adjacent streets of trash and debris each evening after closing of the activity.
(5) 
All trash, debris, garbage and special dumpsters shall be removed within twenty-four hours of closing of the event.
(6) 
Fire extinguishers shall be provided at every ride and every food service booth where cooking is conducted in accordance with the fire department's special event checklist. Travel distance shall not exceed seventy-five feet to any extinguisher located within the special event.
(7) 
All food preparation and cooking appliances shall be in accordance with the fire department's special event checklist.
(8) 
Copies of State Fire Marshal approved certificates of flame retardance shall be provided for all tents, awnings, hangings and covers with overhangs.
(9) 
Copies of the annual state certification verifying that each ride meets all requirements of the State Industrial Safety Division shall be provided. All rides shall be marked with the current CAL-OSHA color-coded seal. All rides shall be assembled and stabilized in a manner approved by CAL-OSHA.
(10) 
An electrical permit shall be secured for any temporary electrical usage at the site. All electrical shall comply with the provisions of the National Electrical Code. Fuel storage for generators shall be located a minimum of seventy-five feet from the public area. Generator fuel shall be stored in approved safety cans; maximum capacity five gallons.
(Ord. 1457 § 1, 2010)
At least one day prior to the opening of the special event, representatives of the city shall inspect the games, rides and concessions, and said inspections may be made at any time thereafter. It shall be the applicant's responsibility to coordinate inspections with all appropriate departments so that timely inspections are performed.
(1) 
Inspection of rides and installations regulated by the Electrical Code shall be the responsibility of the building department.
(2) 
Inspection of fire-protection devices, public assembly areas, emergency vehicular access, cooking and heating devices, flame retardancy and fuel storage shall be the responsibility of the fire department.
(3) 
Inspection of the games shall be the responsibility of the police department.
(4) 
Food service and sanitary facilities shall be the responsibility of the county health department. The applicant shall secure appropriate permits from the county therefor.
(Ord. 1457 § 1, 2010)
Notwithstanding any approval given pursuant to this chapter, any city police officer, fire official or building official is hereby granted the authority to stop or prevent any immediate threat to the public health or safety, including the right to issue a cease and desist order for all or any part of the special event or any special event that is in a nuisance condition provided due process is given and the condition is documented.
(Ord. 1457 § 1, 2010)
Upon receipt of a complete special event application and the application fee, the business license department shall refer same to concerned departments of the city, including, but not limited to, the city attorney, police chief, fire chief, planning department, building and safety department, public works department, community services manager and the county health officer, who shall investigate the application and report in writing to the city manager within fifteen days, with appropriate recommendations relating to their official functions as to the granting of a permit and the establishment of special conditions therefor.
(Ord. 1457 § 1, 2010)
An applicant for a special event permit shall be prima facie disqualified for a permit under this chapter if he or she has been convicted of a felony. The applicant may also be prima facie disqualified if a professional event organizer or any proposed employee has been convicted of a felony. As used in this chapter, the term "conviction" includes a plea of guilty. The chief of police is specifically authorized to obtain state summary criminal history record information as provided for in Section 11105 of the Penal Code of the state. The chief of police shall disqualify the applicant, without a hearing by the city manager and without further proceedings, if it is determined that the applicant has been convicted or had entered a plea of guilty to a felony. An applicant who is thus prima facie disqualified for a permit may make an appeal in writing to the city manager. The city manager shall consider any mitigating factors such as, but not limited to, evidence of rehabilitation, length of time elapsed since such conviction, the age of the person at the time of the conviction, contributing social or environmental conditions surrounding the conduct, and whether the conviction is unrelated to the permit or license.
(Ord. 1457 § 1, 2010)
(a) 
The applicant for a street or special event permit shall submit proof of personal injury and property damage insurance of the combined limits as determined by the documented risk exposure of the event, provided that such amount shall not be less than one million dollars. Such insurance shall provide coverage and be placed with a company with a rating approved by the city attorney with a Best's A XII or equivalent rating. The city and its officers, agents and employees shall be named as additional insureds on said policy and the city shall be provided with a certificate of insurance evidencing this fact. Both the applicant and any independent contractors shall also provide copies of their worker's compensation certificates for all employees.
(b) 
The applicant shall also agree to indemnify the city, its officers and employees from any claim or liability arising out of the street or special event.
(c) 
The applicant shall also post such cash deposit or bonds to protect the city from costs incurred by it for employee and other costs related to safety, security, traffic control, sanitation and other matters. The city manager shall determine the amount of the bond after receiving the department's estimates with respect to estimated city costs. Any part of the bond not necessary to reimburse the city for its costs shall be refunded to the applicant after the event is over and an accounting available.
(Ord. 1457 § 1, 2010)
All applicants and others required to pay a business tax for the privilege of engaging in business within this city shall also pay said tax in addition to any fees provided for herein.
(Ord. 1457 § 1, 2010)
(a) 
Notwithstanding any provision of this chapter to the contrary, any requirement of this chapter that may conflict with overriding noncommercial First Amendment protected activity shall be waived, when legally required.
(b) 
The provisions of this chapter may also be waived for nonprofit corporations that are engaged in charitable or public benefit purposes whenever those purposes benefit the city or its citizens. The insurance and indemnification provisions of this chapter shall not be waived for those nonprofit corporations.
(Ord. 1457 § 1, 2010)
Notwithstanding any other provision of this code, expressive activities shall not require the payment of police costs, insurance or indemnification for the reaction of speakers. Changes in route, conditions on events or other restrictions on such speech shall also offer reasonable alternative means of communication, when feasible.
(Ord. 1457 § 1, 2010)
Notwithstanding any other provision of this code, spontaneous activities as defined in this chapter shall only require twenty-four hours' notice and shall be limited to restrictions necessary for the public health or safety. Any permit decision shall be made within twelve hours of being provided such notice and adequate information to make a decision. Any determinations shall be in writing and supported by facts. Such determinations may be communicated to the applicant by electronic mail when necessary.
(Ord. 1457 § 1, 2010)
(a) 
The city manager, after consulting with the chief of police, fire chief, director of public works, director of planning/building, city attorney and any other staff person deemed appropriate, shall deny any event application if the city manager finds:
(1) 
That the application is incomplete;
(2) 
That the applicant has made a false, fraudulent or misleading statement of a material fact in the application;
(3) 
That the applicant has been convicted of a felony;
(4) 
That the applicant has failed to meet the conditions imposed by this chapter;
(5) 
That the safety, health or public welfare of the citizens would be endangered by the granting of the permit.
(b) 
Additionally, the permit may be denied, or the proposed employee disqualified from working at the special event, if the applicant, professional event-organizer, or proposed employee has been convicted of any crime involving moral turpitude, substance/drug abuse, sexual conduct, or physical assault. In all other instances the permit shall be granted subject to such related conditions as may be imposed to further the purposes of this chapter.
(c) 
For applications not involving expressive activity protected by the First Amendment, that the application is not in the public interest.
(d) 
All determinations shall be made in writing and shall be supported by facts.
(Ord. 1457 § 1, 2010)
Any person violating or falling to comply with any of the provisions of this chapter shall be guilty of a misdemeanor and shall be punished by a fine of not to exceed one thousand dollars, or by imprisonment not to exceed six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of the provisions of this chapter is committed. Violators may include not only those persons staging the street or special event but any person knowingly participating in the event after being advised of its illegality.
(Ord. 1457 § 1, 2010)