Los Banos City Zoning Code
ARTICLE 43
RESIDENTIAL NEIGHBORHOOD BLOCK PARTIES
§ 9-3.4301 Purpose and intent.
The purpose of this article is to establish regulations for the issuance of a permit for residential neighborhood block parties requiring the temporary closure of a residential neighborhood City street.
(§ 1, Ord. 1136, eff. October 16, 2015)
§ 9-3.4302 Definitions.
means any person or organization who seeks a block party permit to hold a block party governed by this article. The applicant shall be a person who is 18 years of age or older.
means a social gathering on a residential street in a residential district held jointly and cooperatively by a number of residents fronting on a given public street, between two cross streets or a cul-de-sac requiring a closure of said street, or a portion thereof, to vehicular traffic and use of the street for the festivity. The purpose of the block party is to primarily benefit those residents who live on the block to be blocked off and a limited number of invited guests.
means a permit issued pursuant to this article.
means the City of Los Banos.
means the City Council of the City of Los Banos.
as used in this article, means any natural person who is a City resident and owner or lessee of property on the block for which the permit is sought, except where the context clearly requires a different meaning.
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. 1136, eff. October 16, 2015)
§ 9-3.4303 Block party permit required.
Any person desiring to hold, engage in, or conduct, within the City of Los Banos, any block party in a residential district shall first obtain a block party permit.
(§ 1, Ord. 1136, eff. October 16, 2015)
§ 9-3.4304 Application for block party.
(a)
Any person desiring to hold, engage in, or conduct, within the City of Los Banos, any block party shall submit a written application for a block party permit in a form acceptable to and with all supporting information required by the Community and Economic Development Department, not less than 21 days or more than 90 days before the proposed block party. 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.
(b)
The application shall evidence the consent of all of the occupied residential parcels on each side of the street of the proposed block party.
(c)
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 block party permit.
(§ 1, Ord. 1136, eff. October 16, 2015)
§ 9-3.4305 Block party regulations and conditions of approval.
(a)
The following regulations shall apply to any permitted block party. A copy of said regulations shall be provided to an applicant with an application for a permit. The City may impose additional conditions on issuance of the permit to mitigate any potential adverse effects on the neighborhood.
(1)
Block party permits will not be issued on: (i) major streets, arterial streets, thoroughfare streets, or collector streets; (ii) streets which are used as bus routes; (iii) any street that is not entirely within the City limits; or (iv) streets that provide major access for a subdivision, a church, a public park, a fire station, a community center, or a business which is in operation during the hours of the block party; or (v) which will prevent proper police, fire or ambulance services to areas contiguous to the event.
(2)
The street closure shall be less than a quarter mile in length.
(3)
Blocks shall only be barricaded between intersections. All four leg intersections shall remain open to traffic.
(4)
No block party permit shall be granted without the written consent of at least one adult (18 years of age or older) occupant of the residences of the street to be closed.
(5)
The applicant/permittee must be a resident of the block where the closure is to occur.
(6)
No block party permit shall be granted for any block party between the hours of 10:00 p.m. and 8:00 a.m. No permit shall be granted that shall close a street for more than 10 hours.
(7)
The permittee must be present at all times during the block party. Adult supervision must be provided at all times.
(8)
Participants must be limited to citizens residing within the area of the street closure and a limited number of their invited guests. The block party may not be open to the general public. No sale of admission tickets or outside advertising is allowed.
(9)
Any donations collected for the party, must be done separately and cannot be collected the day of the block party. There shall be no entrance fees charged.
(10)
The permittee is responsible for complying with all relevant Los Banos Municipal Code regulations or requirements set by the City regarding noise, amplified music or other State statutes regarding disruption of the public's peace.
(11)
No fireworks are permitted, including safe and sane fireworks on City property, including streets and sidewalks except as specifically approved by the Fire Department as part of the block party permit. The applicant shall provide a site plan indicating the exact location in the street where safe and sane fireworks are to be discharged.
(12)
All tables, chairs, platforms, equipment, and any other probable obstacles (including automobiles, trucks, trailers, etc.) must be placed so that they do not impede emergency access to the street, any building, or fire hydrant in the area. A minimum width of fifteen (15′) feet shall be left open along the entire length of the street to enable the passage of emergency vehicles.
(13)
The right of ingress and egress for every residence or lot, or parcel of land must be maintained.
(14)
The sale of alcoholic beverages is prohibited. Alcoholic beverages shall not be consumed on City public property, including streets and sidewalks. The use of alcoholic beverages on private property shall comply with all applicable laws.
(15)
No cooking appliances with open flames or barbecues are allowed under canopies.
(16)
The permittee shall be responsible for clean-up and clearing all trash on the street, sidewalks, and all public areas. Clean up must be completed immediately following the conclusion of the permitted time of the block party.
(b)
The participants must also abide by any other conditions set forth in the permit. A violation of any of the stated conditions will be cause for termination of the block party. The Los Banos Police Department has the discretion to revoke any block party permit on-site if it is determined that the block party is causing a public nuisance.
(§ 1, Ord. 1136, eff. October 16, 2015)
§ 9-3.4306 Indemnification agreement.
Prior to the issuance of a block party 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 block party 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 block party 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. 1136, eff. October 16, 2015)
§ 9-3.4307 Insurance.
The applicant/permittee of a block party 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 block party. 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.
(§ 1, Ord. 1136, eff. October 16, 2015)
§ 9-3.4308 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. 1136, eff. October 16, 2015)
§ 9-3.4309 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. 1136, eff. October 16, 2015)