Los Banos City Zoning Code
ARTICLE 41
SPECIAL EVENTS ON PUBLIC PROPERTY
§ 9-3.4101 Purpose and intent.
The purpose of this article is to establish clear time, place and manner regulations for the issuance of a permit for special events for the use of City streets, parks, facilities, or other property owned or controlled by the City. The City intends for its regulations to provide a coordinated process for managing activities on property owned or controlled by the City, including, but not limited to, the traffic, noise and aesthetic impacts of the activities and to ensure the health and safety of event patrons, residents, workers, and other visitors and to prohibit illegal activities from occurring at events. It is further intended to create mechanisms for cost recovery, to the extent authorized by law, while not unduly impacting the viability of the events. It is also the purpose of this article to protect the rights of people to engage in communicative and expressive activities as well as to regulate the time, place, and manner of these activities in a reasonable and minimally restrictive fashion.
(§ 1, Ord. 1134, eff. October 16, 2015)
§ 9-3.4102 Definitions.
The following words and phrases whenever used in this article shall be construed as defined in this section.
means any person or organization who seeks a special event permit to conduct or sponsor an event governed by this article.
means the actual costs which a department of the City incurs in connection with activities for which a special event permit is required under this article, including, but not limited to, costs associated with fire safety, traffic and/or pedestrian control, the closure of streets or intersections, the diverting of traffic, the salaries of City personnel involved in administration or coordination of City services for the event, the cost to the City to provide support personnel, equipment, materials and supplies, cleanup and restoration, and related City costs, such as fringe benefits or employee overtime. Departmental service charges shall not include costs incurred by the City to provide ordinary levels of police protective services to those engaged in activities or conduct for which a special event permit is required pursuant to this article.
means conduct protected by the First Amendment of the United States Constitution or Article 1, Section 2 of the California Constitution, which is the principal purpose of the event.
means a march or procession consisting of persons, animals or vehicles, or combination thereof, on any City street, sidewalk or other City-owned land and improvements which obstructs, delays or interferes with the normal flow of pedestrian or vehicular traffic, or does not comply with traffic laws or controls.
means the non-refundable fee to be paid by the special event permit applicant to cover the full costs (or a portion thereof) of processing and investigating special event applications, and administering the special event permit program.
means any person or organization that has been issued a special events permit.
means the gathering of more than 75 persons participating in an organized activity having a common purpose on or within a City street, park, or other public right-of-way, or other property owned or controlled by the City.
means that portion of a highway, other than the roadway, set apart by curbs, barriers, markings, or other delineation for pedestrian travel.
means a street fair, art and craft show, carnival, rally and any other event regardless of the number of persons involved, which occurs on a City street, sidewalk or other City-owned land and improvements which is likely to obstruct, delay or interfere with the normal flow of pedestrian or vehicular traffic, or does not comply with traffic laws and controls. Examples of special events include, but are not limited to, concerts, parades, public assemblies, circuses, carnivals, fairs, festivals, street fairs, community events, mass participation sports (such as marathons and other running events), and community celebrations and observances conducted on public property or public rights-of-way.
means a way or place, of whatever nature, publicly maintained and open to use of the public for purposes of vehicular travel. Streets include highways and alleys.
(§ 1, Ord. 1134, eff. October 16, 2015)
§ 9-3.4103 Special event permit required-Exceptions.
Any person desiring to sponsor a parade, public assembly or other special event on a City street, sidewalk or other City-owned land and improvements in the City shall first obtain a special event permit. A special event permit is not required for the following:
(a)
Funeral processions conducted by a licensed mortuary or funeral home.
(b)
Parades involving only pedestrians marching along a parade route which is restricted to marching on sidewalks, and crossing streets only at pedestrian crosswalks in accordance with traffic regulations and controls.
(c)
Spontaneous events involving expressive activity which are occasioned by news or affairs coming into public knowledge less than 30 days prior to such event may be conducted without the organizers first having to obtain a special event permit, provided that participants comply with applicable traffic regulations, laws and controls.
(d)
Any activities or events held or conducted by or on behalf of governmental entity otherwise exempt from the provisions of this article under separate provision of law.
(e)
Events involving expressive activity, including, but not limited to, lawful picketing, that takes place on public sidewalks owned or controlled by the City, provided that participants comply with applicable traffic regulations, laws or controls.
(f)
Block parties that conform to the other provisions of the Municipal Code.
(g)
Farmers' markets that conform to the other provisions of the Municipal Code.
(§ 1, Ord. 1134, eff. October 16, 2015)
§ 9-3.4104 Application for special event permit.
Any person desiring to sponsor a parade, public assembly or other special event not otherwise exempted shall submit a written application for a special event permit in a form acceptable to and with all supporting information required by the Community and Economic Development Department, not less than 30 days or more than one year and two months before the event date. Such application shall be accompanied by a nonrefundable, nontransferable application fee in an amount as established by resolution of the City Council. The permit application shall not be deemed complete until the permit fee has been paid. The application shall include all of the following information:
(a)
Information for all events:
(1)
The name, address and telephone number of the applicant and an alternative contact person;
(2)
If the event is proposed to be sponsored by an organization, the name, address and telephone number of the organization, the authorized head of the organization, and written authorization to apply for the special event permit by an officer of the organization;
(3)
The name, address and telephone number of the person who will be present and in charge of the event on the day of the event;
(4)
The nature/purpose of the event;
(5)
Date and time (starting and ending) of the event;
(6)
Location of the event, including its boundaries;
(7)
Estimated number of participants in the event;
(8)
The type and number of vehicles, animals and structures which will be used at the event. Whether there will be water aid stations at the event;
(9)
Description of any sound amplification equipment which will be used at the event;
(10)
Whether any food or beverages will be sold at the event;
(11)
Whether monitors will be employed at the event;
(12)
Parking requirements for the event;
(13)
The attachment of a certificate of insurance complying with the provisions of this article.
(b)
Additional information required for parades, and other events occurring along a route:
(1)
The assembly point for the event, the time at which units of the parade or other event will begin to assemble;
(2)
The route to be traveled;
(3)
Whether the parade or other event will occupy all or only a portion of the streets proposed to be transversed;
(4)
The number, type, size and material of any floats or banners.
(c)
Supplemental information. Such supplemental information as the Community and Economic Development Director shall find necessary, under the particular circumstances of a special event application, to allow for sufficient information to determine whether to approve, conditionally approve, or deny an application.
(§ 1, Ord. 1134, eff. October 16, 2015)
§ 9-3.4105 Special event permit-Process.
(a)
Within three business days of receipt of a complete special events permit application, the Community and Economic Development Director shall circulate the application to affected City departments for comments. Within 30 calendar days of receiving the complete special event permit application, the Community and Economic Development Director shall render a decision to approve, conditionally approve or deny the permit and shall notify the applicant of the decision. If the application is denied, the notice shall state the grounds for the denial in writing. Notice may be given either by personal delivery to the applicant, or by depositing it in the U.S. mail in a sealed envelope, postage prepaid, addressed to the person to be notified at his or her address as it appears in the special event application.
(b)
In determining 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 level or nature of emotion which may be aroused in the public by the content of speech or message conveyed by the event.
(§ 1, Ord. 1134, eff. October 16, 2015)
§ 9-3.4106 Special event permit-Requirements and conditions of approval.
The Community and Economic Development Director may condition the issuance of a special events permit by imposing reasonable requirements concerning the time, place and manner of the event, and such requirements as are necessary to protect the safety of persons and property, and the control of traffic; provided, that such conditions shall not unreasonably restrict the right of free speech. Such conditions may include but are not limited to the following:
(1)
Alteration of the route, time or location of the event proposed on the event application;
(2)
Conditions concerning the area of assembly and disbanding of parades or other events occurring along a route;
(3)
Conditions concerning accommodation of pedestrian or vehicular traffic, including restricting the event to only a portion of a street traversed;
(4)
Requirements for the use of traffic cones or barricades;
(5)
Requirements for provision of first aid or sanitary facilities;
(6)
Requirements for use of event monitors, and providing notice of permit conditions to event participants;
(7)
Restrictions on the number and type of vehicles, animals or structures at the event, and inspection and approval of floats and other decorated vehicles for fire safety by the Los Banos Fire Department;
(8)
Requirements for use of garbage containers, cleanup and restoration of City property;
(9)
Restrictions on use of amplified sound;
(10)
Conditions designed to avoid or lessen interference with public safety functions and/or emergency service access;
(11)
The obtaining of all applicable permits and licenses;
(12)
The manner by which alcohol sales and service, if any, shall be conducted at the event;
(13)
Requirement for proof of permission to use private property for a portion of the event.
(§ 1, Ord. 1134, eff. October 16, 2015)
§ 9-3.4107 Special event permit-Grounds for denial.
(a)
The Community and Economic Development Director shall deny an application for a special event permit if any of the following conditions exist:
(1)
Information contained in the application, or supplemental information requested from the applicant, is found to be false in any material detail.
(2)
The applicant fails to complete the application form after having been requested to do so.
(3)
The sole purpose of the event is advertising of any product, goods, wares, merchandise or event, and is designed to be held for private profit.
(4)
Another special event permit application has been received prior in time, or has already been approved to hold another event at the same time and place requested by the applicant, or so close in time and place as to cause undue traffic congestion, or the police department is unable to meet the needs for police services for both events.
(5)
The time, route or size of the event will substantially interrupt the safe and orderly movement of traffic contiguous to the event site or route, or disrupt the use of a street at a time when it is usually subject to traffic congestion.
(6)
The concentration of persons, animals and vehicles at the site of the event, or the assembly and disbanding areas around an event, will prevent proper police, fire or ambulance services to areas contiguous to the event.
(7)
The event will require the diversion of public safety or other City employees from their normal duties, so as to unreasonably reduce adequate levels of service or municipal functions to any other portion of the City.
(8)
The location of the event will substantially interfere with any construction or maintenance work scheduled to take place upon or along the City streets or a previously granted encroachment permit.
(9)
The event shall occur at a time when a school is in session at a route or location adjacent to the school or class thereof, and the noise created by the activities of the event would substantially disrupt the educational activities of the school or class thereof.
(10)
The ability of persons to enter and exit residential or business properties impacted by the event will be unreasonably impaired considering factors such as the duration, size and scope of the event.
(11)
The proposed use, event or activity will have a significant adverse environmental impact.
(12)
The event or activity will have a substantial adverse impact on the health and safety of the general public, and/or residents and businesses within a three hundred (300′) foot radius of the event.
(13)
The event will substantially interrupt public transportation, or other vehicular and pedestrian traffic, in the area of its location.
(b)
When the grounds for denial of an application for permit are any of those specified in subsection (a)(1) through (13) of this section, can be corrected by altering the date, time duration, route or location of the event, or imposition of conditions, the Community and Economic Development Director shall, instead of denying the application, conditionally approve the application upon the applicant's acceptance of conditions for permit issuance.
(§ 1, Ord. 1134, eff. October 16, 2015)
§ 9-3.4108 Permit issuance-Street closure.
(a)
The City shall issue the special events permit once the application has been approved, and the applicant has agreed in writing to comply with the terms and conditions of the permit, if any, and the provisions of this article pertaining to indemnification, departmental service charges and deposits, and insurance have been satisfied.
(b)
Notwithstanding any provision in the Municipal Code to the contrary, the City Manager is authorized to close any street, or portion thereof, as part of the issuance of a special event permit or when necessary to further the purpose of the underlying event and protect the health and safety of the public.
(§ 1, Ord. 1134, eff. October 16, 2015)
§ 9-3.4109 Indemnification agreement.
Prior to the issuance of a special event permit, the permit applicant and authorized officer of the sponsoring organization (if any), must sign an agreement to reimburse the City for any costs incurred by it in repairing damage to City property in connection with the event proximately caused by the action of the permittee/sponsoring organization, its officers, employees or agents, or any person who was or reasonably should have been under the permittee's sponsoring organization's control. The agreement shall also provide that the permittee/sponsoring organization shall defend the City against, and indemnify and hold the City harmless from, any liability to any persons resulting from any damage or injury in connection with the event proximately caused by the actions of the permittee/sponsoring organization, its officers, employees or agents, or any person who was or reasonably should have been under the permittee's/sponsoring organization's control.
(§ 1, Ord. 1134, eff. October 16, 2015)
§ 9-3.4110 Insurance.
(a)
The applicant/sponsor of an event must possess or obtain liability insurance to protect against loss from liability imposed by law for damages on account of bodily injury and property damage arising from the event. Such insurance shall name on the policy or by endorsement as additional insureds the City, its officers, employees, agents and volunteers. Insurance coverage must be maintained for the duration of the event. Such insurance shall provide "occurrence" coverage against liabilities for death, personal injury or property damage arising out of or in any way connected with the event. Such insurance shall be in the amount of at least One Million and No/100ths ($1,000,000.00) Dollars, per occurrence, and shall name the City and the City's officers, employees and agents as additional insureds under the coverage afforded. Proof of such insurance, in a form approved by the City Attorney, shall be filed with the City Clerk prior to the issuance of the permit and such insurance shall be maintained in full force and effect throughout the course of the event authorized by such permit.
(b)
The insurance requirement set forth in this section shall not be construed to apply to special events permitted under this article solely for purposes of expressive activity which enjoy protection under the United States or California Constitutions except that applicants for such parades or special events shall be required to either: (1) agree to defend, indemnify, and save and hold harmless City, its officers, agents, employees and volunteers pursuant to Section 9-3.4109; or (2) agree to redesign or reschedule the permitted event to respond to specific risks, hazards and dangers to the public health and safety identified by the special events coordinator as being reasonably foreseeable consequences of the permitted parade or special event; or (3) provide insurance coverage as required by this section.
(c)
If the City Manager determines, after consultation with the City Attorney, that a particular use, event or activity does not present a substantial or significant public liability or property damage exposure for the City or its officers, agents and employees, the special events coordinator may give a written waiver of the insurance requirements of this section.
(§ 1, Ord. 1134, eff. October 16, 2015)
§ 9-3.4111 Departmental service charges-Refunds.
(a)
In addition to the payment of the nonrefundable permit application fee, a permittee shall pay the City for all City departmental service charges, as the same are defined in this article, which are incurred in connection with or resulting from the permittee's activities under the permit.
(b)
If City property is destroyed or damaged by reason of the event, the permittee shall reimburse the City for the actual replacement or repair cost of the destroyed or damaged property.
(c)
Each permittee shall be jointly and severally liable for the payment of fees and charges required by this article.
(d)
City Billing. City departments shall submit the final invoices and billings for departmental service charges to the permittee(s) no later than 10 working days after the expiration date of the permit.
(e)
Cash Deposit. As a condition precedent to the issuance of a permit authorizing an event, the permittee shall pay to the City a cash deposit in an amount sufficient to cover all applicable fees, including the total City departmental charges which the City estimates will be incurred in connection with the permit.
(f)
Refunds. If a permittee is unable to hold or conduct an event because of inclement weather or some other cause beyond the control of the permittee, and submits a written request to the City Manager for a refund of fees within 10 calendar days after the date the event was to be held, the City Manager may authorize a refund of fees or a prorated portion thereof, except for the nonrefundable application fee.
(g)
Exemption or Partial Waiver of the Departmental Service Charges. The City Council may grant an exemption or a partial waiver of the departmental services charges.
(§ 1, Ord. 1134, eff. October 16, 2015, as amended by § 1, Ord. 1157, eff. July 21, 2017)
§ 9-3.4112 Permittee/sponsor duties.
(a)
Each permittee/sponsor of an event shall comply with all terms, and conditions of the special event permit.
(b)
Each permittee/sponsor of an event shall ensure that the person leading a parade or other event along a route, or the person in charge of any other event carries the special event permit on his or her person for the duration of the event.
(c)
Each permittee/sponsor of an event shall ensure the area used for the permitted event is cleaned and restored to the same condition as existed prior to the event, immediately following the completion of the event.
(§ 1, Ord. 1134, eff. October 16, 2015)
§ 9-3.4113 Interference.
It is unlawful for any person to interfere with or disrupt a lawfully permitted special event.
(§ 1, Ord. 1134, eff. October 16, 2015)
§ 9-3.4114 Violation-Penalties.
(a)
It is unlawful and a public nuisance to intentionally violate any of the provisions of this article. Violation of this article may be charged as either an infraction or a misdemeanor. Upon conviction of a misdemeanor, a person shall be subject to payment of a fine, or imprisonment, or both, not to exceed the limits set forth in California Government Code Section 36901.
(b)
In addition to any other remedy or penalty set forth in this article or this Code, administrative penalties may be imposed pursuant to applicable provisions of Chapter 11 Title 4 of this Code against any responsible party, in violation of any of the provisions of this article. Imposition, enforcement, collection and administrative review of administrative penalties imposed shall be conducted pursuant to Chapter 11 Title 4 of this Code.
(c)
Remedies under this article are in addition to, and do not supersede or limit, any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive.
(§ 1, Ord. 1134, eff. October 16, 2015)
§ 9-3.4115 Appeal.
The decision of the Community and Economic Development Director or designee may be appealed as provided by the appeal procedure provided in Part 6 of Article 23 of this chapter.
(§ 1, Ord. 1134, eff. October 16, 2015)