It is the purpose of this chapter to establish a process for permitting community events to use city streets, parks, open space, facilities or services in accordance with this chapter, Chapter 12.20 and any implementing regulations adopted by the city council, city manager, or recreation services director as appropriate. The city recognizes the substantial community benefits that may result from community events. They can provide cultural enrichment, promote economic vitality and enhance community identity. They may also provide funding opportunities for service organizations. The purpose of this chapter is to provide a coordinated process for managing community events to ensure the health and safety of event patrons, residents, workers, and other visitors, to prohibit illegal activities from occurring at the community events, and to protect the rights of community event permit holders. It is also the intent of the council to protect the rights of people to engage in expressive activities in the city's public places and to establish the least restrictive and reasonable time, place and manner of regulation of these activities. It is further intended to create mechanisms for cost recovery and use charges, to the extent authorized by law, while not unduly impacting the viability of events.
(Ord. 385 § 2, 2009)
Except as otherwise provided by this chapter or other applicable law, rule or regulation or any permit or license issued hereunder or pursuant to the terms of a permit, lease, or contract which has been specifically authorized by the city council, a community event permit shall be required to be obtained from the recreation services director, or designee, for the following activities:
A. 
A parade, procession, march or assembly consisting of persons, animals, vehicles, or any combination thereof, which is to assemble or travel in unison on any public street, highway, alley, sidewalk or other city-designated public way and which either (1) may impede, obstruct, impair, or interfere with free use of such public street, highway, alley, sidewalk, or other public way owned, controlled, or maintained by the city or (2) does not comply with normal or usual traffic regulations or controls;
B. 
Any activity or event involving seventy-five or more persons on city owned, controlled, or maintained property not subject to the requirements of subsection A of this section;
C. 
Any activity or event on public property which requires the placement of a tent, canopy, or other temporary structure if that placement requires a permit from the city's fire department or community development department;
D. 
Notwithstanding the above, events at facilities located on city property that are predominantly used and approved by the fire department or the community development department as assembly spaces do not require a community event permit so long as such events do not require a street closure or traffic diversion or require the use of public property that does not constitute an assembly space. For the purposes of this subsection, assembly spaces include, but are not limited to, the Lemon Grove Community Center, Lemon Grove Senior Center and the Lemon Grove Recreation Center.
E. 
School grounds and other property owned by the Lemon Grove Unified School District are exempt from the requirements of this chapter for school sponsored events. Private events held on school property are subject to the requirements of this chapter.
F. 
Long-term lessees of city owned, controlled, or maintained property may receive an annual community event permit which authorizes a specified number of community events at that property for the term of the permit so long as the community event otherwise complies with the requirements of this chapter.
G. 
Events using a ball field, gazebo or picnic shelter at a park or recreation area with more than twenty-five persons, but less than seventy-five, shall be subject to this chapter with permit conditions based upon the provisions of the Lemon Grove Municipal Code, Sections 12.20.340 and 12.20.350, along with any implementing regulations adopted thereunder.
H. 
Spontaneous events, which are occasioned by news or affairs coming into public knowledge less than forty-eight hours prior to such event, may be conducted at Civic Center Park without the organizers first having to obtain a community event permit. If practicable, the organizers should give notice to the city's recreation services director at least four hours prior to the event informing the city of the date and time of the event and providing an estimate of the approximate number of persons who will be participating.
Events that require advance planning such as recreation events, competition/contests/spectator sports fairs, festivals, carnivals, ticketed events, sales/trade shows or events which require a permit from the recreation services director or the fire department for the placement of structures shall not be considered spontaneous events.
(Ord. 385 § 2, 2009)
A. 
To receive a community event permit, a person must complete and file a community event application with the recreation services director, on a form approved by the city. The applicant must provide the following information:
1. 
A description of the proposed use, event, or activity;
2. 
The street or public property and specific area or areas thereof which will be utilized in connection with the proposed use, event, or activity;
3. 
The manner in which the public property will be utilized;
4. 
The date or dates and the specific times thereof, including set-up and tear-down, that the public property is to be utilized for the described use, activity, or event;
5. 
The name, address and telephone number of the person, entity or organization sponsoring or conducting the proposed event;
6. 
The name, address and telephone number of the person or persons to be contacted regarding the application or permit.
B. 
The recreation services director may refer the application to such city departments or personnel, as the director deems necessary from the nature of the application for review, evaluation, investigation and recommendations regarding approval or disapproval of the application.
C. 
An application must be submitted and reviewed in accordance with the time limits established in administrative regulations and guidelines established pursuant to Section 10.40.180.
(Ord. 385 § 2, 2009)
Subject also to Section 10.40.050, the recreation services director shall issue a community events permit, if it is determined that all of the following criteria have been met:
A. 
The proposed use of the property is not governed by or subject to any other permit procedures provided elsewhere in this code or other applicable laws, rules, or regulations.
B. 
The preparation for or the conduct of the proposed use, event or activity will not unreasonably or unfeasibly burden city resources necessary to preserve the public's use of the street in the area contiguous to the street or other public property.
C. 
The preparation for or the conduct of the proposed use, event or activity will not unduly impede, obstruct, or interfere with the operation of emergency vehicles or equipment in or through the particular permit area or adversely affect the city's ability to perform municipal functions or furnish city services in the vicinity of the permit area.
D. 
The proposed use, event, or activity does not otherwise present a substantial or unwarranted safety, noise, or traffic hazard.
E. 
The proposed event will be of a nature and size appropriate to the proposed venue, location, or site, will occur during a time period approved for that venue, location, or site, and will fall within the frequency limitations established by administrative guidelines adopted pursuant to this chapter.
F. 
The proposed event will not include live animals in parks, except participants with dogs on leashes per city regulations.
G. 
A transportation management/parking plan has been approved for the event by the city engineer or designee to the extent such a plan is required by implementing regulations.
H. 
The proposed event will not cause other adverse impacts on health or safety to surrounding residential or commercial uses, which cannot be effectively mitigated.
In deciding whether to approve an application, no consideration may be given to the message of the event, the content of speech, the identity or associational relationships of the applicant, or to any assumptions or predictions as to the amount of hostility which may be aroused in the public by the content or speech or message conveyed by the event.
(Ord. 385 § 2, 2009)
The recreation services director shall deny an application for a community events permit or revoke a permit if he or she finds any of the following:
A. 
One or more of the approval criteria specified in Section 10.40.040 is not met;
B. 
The applicant has knowingly made a false, misleading or fraudulent statement of fact to the city in the application process;
C. 
The application does not contain the information required by this chapter;
D. 
The application does not satisfy the applicable requirements of this chapter, Chapter 12.20 or the administrative regulations adopted thereunder;
E. 
The applicant fails to comply with any conditions of approval including, but not limited to:
1. 
Remittance of fees, charges or deposits,
2. 
Submittal of an indemnification agreement and/or proof of insurance to the extent required,
3. 
Timely receipt of all required approvals.
F. 
The applicant fails to agree as a condition of permit issuance that if city property is destroyed or damaged by reason of permittee's use, event or activity and the damage or destruction is directly attributable to the permittee, the permittee shall reimburse the city for the actual replacement or repair cost of the destroyed or damaged property.
(Ord. 385 § 2, 2009)
A. 
Except as otherwise provided by this code or any other applicable law, rule or regulation, or by the terms of a permit, license, lease or contract which has been specifically authorized by the city council, the permit application fees and other additional fees and charges, including neighborhood notification fees, for the use of city streets or other city-owned or controlled property pursuant to this chapter shall be established by the city council by resolution.
B. 
An indigent natural person who cannot apply for a permit because of an inability to pay the application fee due to such indigence may not be required to pay the fee in accordance with administrative regulations or guidelines adopted pursuant to this chapter. Application for indigent status shall be made at the time of permit application and shall be accompanied by such relevant information and documentation as may, in the opinion of the city manager or designee, be reasonably necessary to verify such status. For purposes of this section, "indigent natural person" means:
1. 
A person who is receiving benefits pursuant to the Supplemental Security Income (SSI) and State Supplemental Payments (SSP) programs (Sections 12200 to 12205, inclusive, of the California Welfare and Institutions Code), the California Work Opportunity and Responsibility to Kids Act (Cal WORKs) program (Chapter 2, commencing with Section 1 1200 of Part 3 of Division 9 of the California Welfare and Institutions Code), the Food Stamp program (7 U.S.C. Section 2011 et seq.) or Section 17000 of the Welfare and Institutions Code;
2. 
A person whose monthly income is one hundred twenty-five percent or less of the current monthly poverty line annually established by the Secretary of Health and Human Services pursuant to the Omnibus Budget Reconciliation Act of 1981, as amended.
C. 
An organization in which a majority of its members meet the criteria for indigent status, as established in subsection B of this section, may also be eligible for application fee waiver.
(Ord. 385 § 2, 2009)
Any applicant aggrieved by an adverse decision under Section 10.40.040 or 10.40.050 may appeal such decision to the city manager by filing a written notice of such appeal with the city manager's office within five business days of the decision. The city manager shall decide the appeal within one working day. The decision shall be final except for judicial review. Judicial review for matters involving expressive conduct under this chapter shall be subject to the expedited review process established under California Code of Civil Procedure Section 1094.8. Any agreement to follow the process established under Section 1094.8 shall not be deemed an admission regarding the type of conduct at issue.
(Ord. 385 § 2, 2009)
It is unlawful for any person to interfere with a community event permitted under this chapter by engaging in the following acts when done with the intent to cause interference:
A. 
Blocking, obstructing, or impeding the passage of participants, vehicles, or animals in the community event along the community event route;
B. 
Walking or running, driving a vehicle, riding a bicycle or skateboard, or using any similar device through, between, with, or among participants, vehicles, or animals in the community event;
C. 
Dropping, throwing, rolling, or flying any object toward, among, or between participants, vehicles, or animals in the community event;
D. 
Grabbing at, taking hold of, hitting, pulling, or pushing any participant, vehicle, or animal in the community event or anything in the possession of any participant in the community event;
E. 
Throwing, squirting, dumping, or dropping any liquid or gaseous substance on, toward, among, or between participants, vehicles, or animals in the community event;
F. 
Vending or offering for sale any food or merchandise from the roadway, curb to curb, on a community event route during the hours the community event route is closed to normal motor vehicle traffic, without first having obtained the written permission of the person holding the permit for the community event, in addition to any permits and/or licenses required for such activity by the city or any other governmental entity.
(Ord. 385 § 2, 2009)
Each permittee shall execute a hold harmless agreement in a form approved by the city agreeing to defend, indemnify, and hold harmless the city against losses and liabilities incurred from the conduct of the permittee or its officers, employees, and agents.
(Ord. 385 § 2, 2009)
A. 
Except as otherwise prohibited by law or an exemption is obtained as provided by this chapter and the implementing regulations, the permittee shall procure and maintain in full force and effect during the term of the permit a policy of insurance from a reliable insurance company authorized to do business in the state, which policy includes the city, its boards, officers, agents, employees, and volunteers as named insureds or additional named insureds and which provides the coverage that the risk manager determines to be necessary and adequate under the circumstances. Proof of insurance shall be submitted to the city prior to issuance of the permit and maintenance of this insurance shall be a condition of the permit.
B. 
If the risk manager determines that a particular use, event, or activity which is for a permit period of no more than one day does not present a substantial or significant public liability or property damage exposure for the city or its officers, agents, employees, or volunteers, the risk manager may give a written waiver of the insurance requirements of this section.
(Ord. 385 § 2, 2009)
The permit holder may install temporary or nonpermanent sign(s) identifying or pertaining to the community event, or designee, within the event site as defined in the community event permit. The logo of a commercial sponsor may be included on a small area of the temporary sign, not to exceed one square foot or five percent of the banner area, whichever is smaller, provided said sign(s) are internally oriented. However, the logo of tobacco sponsors shall be prohibited.
Directional signs for walks and races may be installed by the permit holder, or designee, provided that each sign is less than two square feet in size, attached to a street light or other utility pole at a height of between five and six feet without damaging the finish of the pole, and installed less than two hours prior to the start of the event and removed within one hour of the completion of the event. A plan showing the type and location of the proposed directional signs must be submitted as part of the community event permit application and be approved by the city. The city may remove signs that do not meet the installation and removal requirements of this section and shall charge the permittee for the cost of this removal.
(Ord. 385 § 2, 2009)
A. 
In addition to the payment of the nonrefundable permit application fee and as detailed in the administrative guidelines adopted pursuant to this chapter, a permittee shall pay the city for city departmental service charges incurred in connection with or due to the permittee's activities under the permit unless the event was city-produced or city co-produced.
B. 
City departments shall submit the final invoices and billings for departmental service charges to the permittee no later than ten working days after the expiration date of the permit.
C. 
A permittee who claims an inability to pay departmental service charges due to indigency may have these charges waived in accordance with administrative regulations or guidelines adopted pursuant to this chapter. Application for indigent status shall be made at the time of permit application and shall be accompanied by such relevant information and documentation as may, in the opinion of the city manager or designee, be reasonably necessary to verify such status. For purposes of this section, "indigent natural person" means:
1. 
A person who is receiving benefits pursuant to the Supplemental Security Income (SSI), State Supplemental Payments (SSP) programs (Sections 12200 to 12205, inclusive, of the California Welfare and Institutions Code), the California Work Opportunity and Responsibility to Kids Act (CalWORKS) program (Chapter 2 commencing with Section 11200 of Part 3 of Division 9 of the California Welfare and Institutions Code), the Food Stamp program (7 U.S.C. Section 2011 et seq.), or Section 17000 of the Welfare and Institutions Code;
2. 
A person whose monthly income is one hundred twenty-five percent or less of the current monthly poverty line annually established by the Secretary of Health and Human Services pursuant to the Omnibus Budget Reconciliation Act of 1981, as amended.
D. 
An organization in which a majority of the members meet the criteria for indigent status, as established in subsection C of this section, may also be eligible for waiver of departmental service charges.
E. 
No permittee shall be required to provide for or pay for the cost of public safety personnel to provide for the protection of a community event and its attendees from hostile members of the public or counter-demonstrations or for general law enforcement in the vicinity of the event.
(Ord. 385 § 2, 2009)
A. 
Subject to the requirements of this chapter, a community event permit may be issued for a march, procession, or parade in only one direction on the following streets: starts at Washington Street and Broadway, proceeding West on Broadway to Lemon Grove Avenue, South on Lemon Grove Avenue to the termination of the route at Montana Street.
B. 
Minor adjustments to the routes established in subsection A of this section may be authorized by the recreation services director to the extent necessary to avoid construction or other obstructions, which would prevent the parade from proceeding on the established route.
C. 
Subject to all other applicable requirements of this chapter, this section does not prohibit the issuance of a community event permit for marches or processions on other streets so long as through and cross-traffic can be preserved and the safety of the marchers can be maintained.
D. 
Marches and processions may not be conducted on streets classified by the city as arterial streets between the hours of seven a.m. to nine a.m. and four p.m. to six p.m. on business days unless the march or procession is being conducted to coincide with another event, not organized or planned by the permittee, which is occurring on or adjacent to the arterial street upon which the march will be conducted.
(Ord. 385 § 2, 2009)
The procedures and criteria for conducting races/runs/walks shall be as follows:
A. 
There shall be ten-kilometer routes and a five-kilometer route established by the community services director in consultation with the city engineer. Said routes shall be established based on criteria which consider the safety of the participants, spectators and members of the community. The potential disruption of traffic flows shall also be taken into consideration when routes are established.
B. 
Four races/walks/runs per route shall be allowed each year with no more than one per quarter on any one route.
C. 
No vehicular races shall be permitted.
D. 
Events which include multiple modes of travel (e.g., walking, running, and bicycling) shall be permitted so long as the start times for different modes of travel are staggered.
E. 
In addition to the routes established by subsection A of this section, races/walks/runs may be permitted on other streets in the city so long as the majority of the race/walk/run occurs outside of the city and that portion of the race/walk/run within the city does not exceed one-half mile in length.
(Ord. 385 § 2, 2009)
It is unlawful for the permittee conducting a community event to use the words "the City of Lemon Grove," to suggest or indicate that the event is sponsored by the city or to use a facsimile of the seal or logo of the city of Lemon Grove in the promotional materials or advertising for the event without the city's authorization.
(Ord. 385 § 2, 2009)
The city manager, or designee, which may include the recreation services director, shall adopt administrative regulations that are consistent with and that further the terms and requirements set forth within this chapter. All such administrative regulations must be in writing.
(Ord. 385 § 2, 2009)
The issuance of a community events permit does not relieve any person from the obligation to obtain any other permit or license required pursuant to this code.
(Ord. 385 § 2, 2009)
Any person who intentionally violates any of the provisions of this chapter shall be guilty of a misdemeanor or infraction at the discretion of the city attorney.
(Ord. 385 § 2, 2009)