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Home My WebLink About09/05/1989, C-4 - BIA SPECIAL EVENTS (THURSDAY NIGHT ACTIVITIES) f Conn::::acwn py:; Person SAME AGENDA REPORT AS SENT OU UGUST 159 1989 �T city q� san lues OBISPO ML }n��9�rE:9/15/89 I COUNCIL AGENDA REPORT ITE5 M6� I .% FROM: John DunnPrepared By: Vicki J. Finucane FtL City Administrative officer Acting City Attorney 1 ( 3. A - RECEIVED SUBJECT: SIA Special Events (Thursday Night Activities) A U a 14 iyay CITY 1MB�ra CAO RECOMMENDATION: Adopt Ordinances Clarifying the Authority and Mechanism by Which the City and the BIA Sponsor and Administer Special Events Such as "Thursday Night Activities" (Farmer's Market) and Addressing the Presence of Animals at Such Events. BACKGROUND: Over the years, the highly successful and often imitated event known as "Thursday Night Activities" (Farmer's Market) has evolved to its presnt state. This has been the result of communication, cooperation and, sometimes, compromise among the City, its advisory body (BIA) , affected businesses inside and outside the area and interested citizens and public-interest groups. The event has become a major part of the City's overall promotion efforts. The basic framework by which the City has authorized this special use of the streets and sidewalks has been a combination of the Vehicle Code (street closure) , Municipal Code (sidewalk closure) and Council resolutions (approval of BIA rules and guidelines) . It has long been understood that some restructuring of the enabling framework would eventually be desirable and necessary to facilitate understanding of the process and provide ease of administration. Recently, City public safety staff and the BIA, by and through Dodie Williams, BIA Administrator, have expressed a concern regarding the ability to effectively enforce certain aspects of the basic regulations. For example, incidents which interfere or disrupt permitted activities at Thursday Night downtown would not have to be enforced through a somewhat awkward combination of state and local laws (e.g. Penal and Vehicle Code, various Municipal Code provisions) . The attached ordinance restates the existing authority to conduct such special events as Thursday Night Activities (Farmer's Market) in a single and more appropriate source (Chapter 12.36 of the San Luis Obispo Municipal Code) and further clarifies that certain incidents are expressly prohibited. It is important to note that the attached ordinance does not change the current framework or operation of Thursday Night Activities. The rules and guidelines by which businesses and community-based groups are participating will remain the same. The ordinance will make it easier to ensure compliance with the previously-approved rules and guidelines by providing for explicit enforcement authority. The upcoming weeks are the season's most popular in terms of crowds and public safety (police and fire) considerations. Also, there has been some information that a planned disruption of the event for media purposes might occur. Because Staff Report Page Two of these concerns, the restructured ordinance is recommended as an urgency measure. The second attached ordinance expands the current restriction on dogs at special events to include all other non-authorized animals. This expansion is being requested by the BIA since increasing numbers of individuals are bringing cats downtown to either sell or give away. In addition to the problem this can create with the crowds, the Health Department has consistently expressed a concern about the appropriateness of such animals being in close proximity to food preparation and service areas. This ordinance is recommended as a non-urgency measured. FISCAL IMPACT: None attach: Proposed Ordinances n ORDINANCE NO. (1989 Series) AN EMERGENCY ORDINANCE AMENDING CHAPTER 12..36 OF THE SAN LUIS OBISPO MUNICIPAL CODE REGARDING THE DOWNTOWN PARKING AND BUSINESS IMPROVEMENT AREA WHEREAS, the City, by and through its advisory body, the Downtown Parking and Business Improvement Area (BIA) , has encouraged the development, promotion, and success of the event known as "Thursday Night Activities" (Farmer's Market) ; and, WHEREAS, this event has evolved over the last several years to the point that its continued success requires additional attention being given to the enabling laws so as to allow a more efficient and effective administration to result; and � . WHEREAS, a more efficient and effective administration will result in an event which is more enjoyable and entertaining for the greatest number of the public as possible, and WHEREAS, this ordinance is necessary for preserving the public peace, health or safety since the existing regulatory framework makes it difficult to enforce or discourage unnecessary or unreasonable interference or disruptions of special events. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTIONS 12.36.120 and 12.36.130 are hereby added to the Municipal Code to read as follows: 12.36.120. Street and Sidewalk Special Events. The Council may authorize the closure of specified streets and sidewalks within the area and permit the advisory board (BIA) to regulate and control the use of said streets and sidewalks for 11\ J Ordinance No. (1989 Series) Page Two the purpose of sponsoring a special event or promotion of retail trade activities. The BIA may issue permits to individual persons, groups or businesses participating in the event or promotion for the use of said streets and sidewalks, or any portion thereof as part of its administrative and regulatory authority under the City-issued permit. 12.36.130. Special Event or Promotion Guidelines. For any event or promotion intended to occur on a regular basis the BIA shall prepare and submit for Council review and approval guidelines and rules for its operation and conduct. Such rules and guidelines should address such matters as eligibility and criteria for participation, types of activities to be allowed (e.g. retail, informational, entertainment, etc. ) , hours of operation, and other related subjects. 12.36.140. Prohibitions. A. It shall be unlawful for any person to interfere with or disrupt any activity permitted or authorized under this Chapter. B. It shall be unlawful for any person to engage in, conduct, or allow, any activity for which a permit is required without first having obtained same from either the City or the BIA. SECTION 2. The Council finds and affirms the validity of a permit, heretofore issued under the provisions of Chapter 5.48, to the BIA for the 1 0 Ordinance No. (1989 Series) Page Three purpose of conducting that special event and promotion known as "Thursday Night Activities" (Farmer's Market) . The permit shall continue in full force and effect under the provisions of this Chapter. Further, the guidelines and rules previously approved by Council for this event are hereby affirmed and shall continue in full force and effect. SECTION 3. That given the clear and significant need to ensure the public safety at special events such as the "Thursday Night Activities" (Farmer's Market) held on every Thursday evening, the Council does hereby adopt this as an Emergency Ordinance which shall take effect immediately �. upon adoption, and shall be advertised within five (5) days of passage, however, failure to advertise will not affect its validity. INTRODUCED AND ADOPTED by the Council of the City of San Luis Obispo at its meeting held on the day of 1 1989, on motion of , seconded by and on the following roll call vote: AYES: NOES: ABSENT: Mayor Ron Dunin ATTEST: 0 City Clerk Pam Voges Ordinance No. (1989 Series) Page Four APPROVED: City A inistrative Officer City Attor Cit nc hector J ORDINANCE NO. (1989 Series) AN ORDINANCE AMENDING SECTION 6.20.050C OF THE SAN LUIS OBISPO MUNICIPAL CODE PROHIBITING ANIMALS ON PUBLIC STREETS DURING SPECIAL EVENTS BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Section 6.20.050C of the San Luis Municipal Code is hereby amended to read as follows: C. Notwithstanding any other provision of this code, no person shall allow any animal, whether on a leash or not, to be on any public street, alley, lane, sidewalk, or other place open to and used by the public and for which an encroachment, sidewalk or street closure, or similar permit has been C' issued. The person(s) holding said permit shall have given reasonable notice that the presence of any such animal would interfere with the purposes for which the permit was issued. This prohibition shall not apply to guide or seeing-eye dogs or to any animal(s) expressly authorized by the permit holder. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at a meeting held on the day of , 1989, on motion of , seconded by and on the following roll call vote: AYES: NOES: ABSENT: Mayor Ron Dunin c z�� i Ordinance No. (1989 Series) Page Two ATTEST: City Clerk Pam Voges APPROVED AS TO FORM: �CityyAA 'nistrative Officer City Director of Finance J