HomeMy WebLinkAbout1345ORDINANCE NO. 1345 (1998 Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SAN LUIS OBISPO
RELATING TO PARADES AND SPECIAL EVENTS
WHEREAS, City of San Luis Obispo desires to adopt an ordinance
relating to parades and special events, and
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
San Luis Obispo as follows:
SECTION 1. Chapter 5.76 shall read as follows:
Parades and Special Events
5.76.010 Purpose
The City of San Luis Obispo welcomes parades and special events which
provide cultural, educational, recreational and entertainment opportunities to
be appreciated by residents and visitors. It is important that such events be
planned and carried out in a careful and consistent manner and that events
which enjoy First Amendment Protection under the United States Constitution
are lawfully regulated. Moreover, the City must assure that the community
does not assume a disproportionate share of the costs of parades and special
events.
5.76.020 Definitions
A. "City Administrative Officer ", as used in this chapter, shall mean
the City Administrative Officer or his designee. The use of male gender in
referring to the City Administrative Officer is for clarity and encompasses both
men and women.
B. "Commercial," as used in this chapter, means any public activity
or assembly held on public property, by other than a non -profit organization,
intended to generate financial gain in whole or in part, for the participants or
sponsors of said activity; or to advertise products, goods or services.
C. "City departmental services charge," as used in this Chapter,
means the actual costs which a department of the City reasonably incurs in
connection with activities for which a permit is required under this Chapter,
including, but not limited to, administration or coordination services, support
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personnel, equipment, materials and supplies, rentals, contract services and
related items such as fringe benefits.
D. "Days," as used in this chapter, shall refer to calendar days.
E. "Indigent natural person," as used in this chapter, means a
person eligible for county relief and support as an indigent person under
Section 17000 of the California Welfare and Institutions Code.
F. "Local special event," as used in this Chapter, means and
includes, but is not limited to, promotional or fund - raising activities, athletic or
sporting events, live musical events, community celebrations and observances,
or neighborhood activities such as block parties, picnics or dances, conducted
on public property.
G. "Non- commercial," as used in this ordinance, means any public
activity or assembly held on public property intended primarily to
communicate ideas and promote the general community welfare, or to
generally enrich the participants without benefit of personal or financial gain.
F. "Parade," as used in this Chapter, means and includes a parade,
procession, march, pageant, review, ceremony or exhibition which is conducted
in, on, upon, or along any portion of any public street, sidewalk or other
property owned or controlled by the City, so as to impede, obstruct, impair or
interfere with the free use of such public street, sidewalk or other public
property of the City.
G. "Person," as used in this Chapter, means any natural person,
firm, association, joint venture, joint stock company, partnership, organization,
club, company, corporation, business trust or manager, lessee, agent, servant,
officer or employee or any of them, except where the context clearly requires a
different meaning.
5.76.030 Permit - Required
A. Except as otherwise provided by this Code 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, no person shall conduct or cause to be
conducted, participate or engage in, hold, manage, employ, permit or allow
another to conduct a parade or local special event, in, on or upon any City
street, sidewalk, alley, park, way, public place or public property which is
owned or controlled by the City without first having obtained a written permit
from the City Administrative Officer pursuant to this chapter.
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5.76.040 Permit - Application
A. The application for a permit under this Chapter to conduct or
engage in any parade or local special event, which involves the use of streets,
alleys, sidewalks, parks, ways or other public property owned or controlled by
the City shall be filed with the City Administrative Officer. The person
receiving such filing shall, within ten days, determine whether such proffered
filing is appropriate under this Chapter and contains all necessary
information and other materials and shall thereupon inform the applicant that
(1) the application is or is not appropriate under Section 5.76.070, (2) is or is
not complete, and (3) is or is not accepted for filing and processing. Such
applications shall be filed at least sixty (60) days prior to the date that the
permit is to become effective.
B. An application for a parade or local special event by a person
enjoying First Amendment protection under the United States Constitution
shall be filed as follows:
PERMITTED ACTIVITY MUST BE FILED BY THE
INVOLVES USE OF: FOLLOWING NUMBER OF
DAYS PRIOR TO THE ACTIVITY:
Streets, Highways &
Thoroughfares .. ............................... 5
2. Sidewalks ....... ............................... 3
3. Parks ............. ............................... 3
4. Other ............. ............................... 3
C. A claim for alternative treatment as a group enjoying First
Amendment protection, shall be filed with the permit application. The City
Administrative Officer may require such proof and documentation as he /she
may deem reasonably necessary to verify the constitutionally protected status
of the parade or event and the applicability of the alternative treatment in
Subsection A above.
D. Each application shall be accompanied by a nonrefundable permit
application fee in an amount established from time to time by resolution of the
City Council. The City Administrative Officer shall have the authority, if good
cause is shown and the nature of the application reasonably and feasibly lends
itself to expedited processing, to consider, grant or deny any application for a
permit which is filed later than the time prescribed in this section.
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E. Applications shall be upon a form which is furnished by or
acceptable to the City Administrative Officer. Each application shall contain
full, complete and detailed information including, but not limited to, the
following:
1. A description of the proposed use, event, or activity;
2. The street or other public property and the 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,
event, or activity;
5. The name, address, and telephone number of the person, entity,
or organization sponsoring or conducting the proposed use, event, or activity;
and
6. The name, address, and telephone number of the person or
persons to be contacted regarding the application or permit.
F. The City Administrative Officer may refer the application to such
appropriate City departments as he /she deems necessary from the nature of
the application for review, evaluation, investigation and recommendations by
the departments regarding approval or disapproval of the application.
G. The City Administrative Officer shall issue a permit under this
Chapter if it is determined that the following criteria have been met:
1. 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; and
2. The preparation for or the conduct of the proposed use, event or
activity will not unreasonably or unfeasibly burden City resources necessary to
avoid the undue impeding, obstructing, impairing or interfering with the
public's use of the street or other public property; and
3. 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
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adversely affect the City's ability to perform municipal functions or furnish
City services in the vicinity of the permit area; and
4. The proposed use, event or activity does not present a substantial
or unwarranted safety or traffic hazard; and
5. The proposed use, event or activity will not have a significant
adverse environmental impact; and
6. That the provisions of Sections 5.76.050, 5.76.090, and 5.76. 100
have been or will be satisfied.
H. In addition to the requirements of this code or other applicable
laws or rules or regulations promulgated by the City Administrative Officer,
each permit shall contain such terms and conditions regarding the time, place
and manner of utilizing the City streets or other public property which are
necessary and appropriate under the circumstances.
5.76.050 Permit Application - Fee
A. Except as otherwise provided by this Code or 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, daily fees, and other additional 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. Any indigent natural person who cannot apply for a permit
because of an inability arising from such indigence to pay this application fee
shall not be required to pay the fee. 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
Administrative Officer, be reasonably necessary to verify such status.
5.76.060 Issuance of Permit
The City Administrative Officer will issue a Special Event Permit within
two weeks of receiving the application assuming approval of all affected
departments can be obtained by that time. Sponsors will be notified of delays
necessitated by obtaining departmental approvals.
5.76.070 Permit - Term
Any permit issued under this Chapter shall not be for a period of more
than two consecutive days except as otherwise provided in this Code; however,
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the City Administrative Officer may extend the duration of any permit if he
finds good cause exists for such an extension.
5.76.080 Permit - Denial or Revocation
A. The City Administrative Officer may deny any application for a
permit or revoke any permit if he /she finds any of the following:
1. The permitted parade, event or activity will disrupt traffic within
the City beyond practical solution; or,
2. The permitted parade, event or activity will interfere with access
to or from fire stations, to fire hydrants or building fire protection systems; or
3. The location of the parade, event or activity will cause undue
hardship to adjacent businesses or residents; actual damage to public property
or,
4. The permitted parade, event or activity will require the diversion
of so many public employees that allowing the event would unreasonably deny
service to the remainder of the City; or,
5. The application contains incomplete or false information; or
6. The applicant fails to comply with all terms of this Chapter
including failure to remit all fees and deposits, or fails to provide proof of
insurance and an indemnification agreement to the City ten days prior to the
event.
B. The City Administrative Officer may deny any application for a
permit or revoke any permit if the City Administrative Officer determines that
the applicant thereof or holder thereof or any agent, employee or associate of
any such applicant or permittee has made any false or misleading statement in
an application or has not fully complied with the requirements of this Chapter
or has violated any of the provisions of this Chapter or the provisions of any
other applicable law, rule or regulation.
C. Any applicant whose permit application is denied, or whose
permit is revoked, pursuant to this Section shall be immediately notified of the
action of denial or revocation, which notification shall contain a statement of
such alternatives to the parade, event, or activity applied for as the City
Administrative Officer or his/her designee may deem reasonable and
appropriate as well as a reference to the appeal provisions set forth in Section
5.76.150. Notification pursuant to this Subsection shall be deemed satisfied
when the notice is placed, postage prepaid, in the United States mail, certified
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mail, return receipt requested, and addressed to the applicant at the address
shown on the permit application.
5.76.090 Insurance
A. Each permit shall expressly provide that the permittee agrees to
defend, protect, indemnify and hold the City, its officers, employees and agents
free and harmless from and against any and all claims, damages, expenses,
loss or liability of any kind or nature whatsoever arising out of, or resulting
from, the alleged acts or omissions of permittee, its officers, agents or
employees in connection with the permitted event or activity; and the permit
shall expressly provide that the permittee shall, at permittee's own cost, risk
and expense, defend any and all claims or legal actions that may be
commenced or filed against the City, its officers, agents, or employees, and that
permittee shall pay any settlement entered into and shall satisfy any judgment
that may be rendered against the City, its officers, agents or employees as a
result of the alleged acts or omissions of permittee or permittee's officers,
agents or employees in connection with the uses, events or activities under the
permit.
B. The permittee shall procure and maintain in full force and effect
during the term of the permit a policy of insurance covering general liability
and property damage in an amount to be determined by the Risk Manger,
which policy includes the City, its boards, officers, agents and employees as
named insureds or additional named insureds, and proof of insurance shall be
submitted to the City at least ten (10) days prior to the event.
C. Nothing in this Section shall be construed to apply to parades or
local special events permitted under this Chapter which enjoy First
Amendment protection under the United States Constitution except that such
parades or local special events shall be required to either (1) agree to
indemnify, protect, defend and hold harmless the City, its officers and
employees, all participants in and all observers of the permitted parade, event
or activity against all claims, damages, expenses, loss or liability of any kind or
nature whatsoever arising out of, or resulting from, the alleged acts or
omissions of permittee, its officers, agents or employees in connection with the
permitted parade, event or activity; 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 City Administrative Officer as being
reasonably foreseeable consequences of the permitted parade or event; or (3)
provide insurance coverage as required by this section.
D. A claim for alternative treatment under Subsection C., above,
shall be filed with the permit application, and an agreement or proof of
insurance, as applicable, shall be filed prior to permit issuance. The City
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Administrative Officer may require such proof and documentation as he /she
may deem reasonably necessary to verify the constitutionally protected status
of the parade or event and the applicability of Subsection C above.
5.76.100 Departmental Services Charge
A. In addition to the payment of the nonrefundable permit
application fee set by Council resolution, a permittee shall pay the City for
departmental services charges incurred in connection with or due to the
permittee's activities under the permit. Additionally, if City property is
destroyed or damaged by reason of permittee's use, event or activity, the
permittee shall reimburse the City for the actual replacement or repair cost of
the destroyed or damaged property.
B. The amount and the method of assessing and collecting fees and
charges shall be set by Council resolution.
C. The City Administrative Officer shall determine the type of
permitted parade, event or activity and calculate the applicable departmental
services charges as set by Council resolution. For purposes of this section,
sponsorship or co- sponsorship by the City shall be only such sponsorship or co-
sponsorship authorized and approved by the City Council:
1. Type A is a commercial event and the permittee will pay 100% of
the departmental services charges as set by Council resolution;
2. Type B is an event which is non - commercial and is not co-
sponsored by the City and the permittee will pay departmental services
charges as set by Council Resolution.
3. Type C is an event co- sponsored by the City. The sponsor is
responsible for all fees and permits as set by Council resolution. Reduced
charges and fees or charge and fee waivers must be requested in writing to the
City Administrative Officer at least 30 days prior to the event.
D. Any indigent natural person who cannot obtain a permit because
of an inability arising from such indigence to pay the applicable departmental
services charge may request the City Administrative Officer to recommend an
alternative parade, event or activity on a scale and at a time that would result
in no costs causing departmental services charges to be made under this
Section. 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 Administrative Officer, be
reasonably necessary to verify such status.
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5.76.110 Refunds
If a permittee is unable to hold or conduct a use, event or activity
because of inclement weather or due to some other cause not within the
permittee's control, and the permittee submits a written request for the refund
of such fees to the City Administrative Officer's office within ten days after the
date that the use, event, or activity was to have been held or conducted, the
City Administrative Officer may authorize the refund of the fees or a pro rata
portion thereof, except the nonrefundable application fees, which have been
paid by the permittee to the City in connection with a permit issued under this
chapter.
5.76.120 Compliance Investigation
It shall be the duty, responsibility and authority of the City
Administrative Officer to monitor, investigate and determine whether a
permittee fully complies with all the terms and conditions of the permit and
the provisions of any applicable laws, rules or regulations. Failure to so
comply may result in permit revocation or denial of future permit applications.
5.76.130 Interfering with Activity Prohibited
No person shall knowingly join or participate in any parade or local
special event conducted under permit from the City in violation of any of the
terms of the permit, nor knowingly join or participate in any permitted parade
or local special event without the consent and over the objection of the
permittee, nor in any manner interfere with the progress or orderly conduct of
any such parade or local special event.
5.76.140 Penalty for Violation
Any person who violates any of the provisions of this Chapter shall be
guilty of a misdemeanor.
5.76.150 Appeals
A. Any applicant aggrieved by an adverse decision under this
Chapter may appeal such decision to the City Council pursuant to the appeal
procedures set forth in Section 1.20.020 of this Code.
B. Alternatively to the provisions of Subsection A, above, any
applicant for a parade or local special event which enjoys First Amendment
protection under the United States Constitution and is aggrieved by an
adverse decision under Sections 5.76.040 and 5.76.090 of this Chapter may
appeal such decision by filing a written notice of such appeal within one day of
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receipt of notice of such decision with the City Administrative Officer. Such
notice of appeal shall be forthwith referred to an independent Hearing Officer
appointed by the City Administrative Officer who shall hear and decide the
appeal within three days and whose decision shall be final.
5.76.160 Implementation
The City Administrative Officer may promulgate policies and procedures
consistent with this Chapter to aid in its implementation.
SECTION 2. Municipal Code Section 12.04.020 is hereby amended as
follows:
12.040.020 Encroachments restricted.
A. It is unlawful for any person to make any excavation or
encroachment in, under or over any road or other public place, including
highway, alley, street, avenue, place, sidewalk, path, walk, park, plaza
boulevard or right -of -way or any other public place in the city whether or not
currently improved, except in the manner and mode provided in this chapter.
Work conducted by public utility companies within exclusive public utility
easements is exempt from permit requirements under the terms of this
chapter.
B. For purposes of this chapter, encroachments shall not include
activities regulated as parades or special events pursuant to Chapter 5.76.
SECTION 3. A summary of this ordinance, together with the names of
Council members voting for and against, shall be published at least five (5)
days prior to its final passage, in the Telegram- Tribune, a newspaper
published and circulated in this City. This ordinance shall go into effect at
the expiration of thirty (30) days after its final passage.
INTRODUCED AND PASSED TO PRINT by the Council of the City of
San Luis Obispo at its meeting held on the 20 day of October
1998, on motion of Council Member Williams , seconded by
Vice Mayor Romero , and on the following roll call vote:
Ayes: Council Members Williams, Romero, Schwartz, Mayor Settle
Noes: None
Absent: Council Member Roalman
Ord. 1345
Ordinance No. 1345 (1998 Series)
FINALLY PASSED this 10th day of November, 1998, on motion of Council Member
Williams, seconded by Council Member Roalman, and on the following roll call vote:
AYES: Council Members Roalman, Romero, Schwartz, Williams, and Mayor
Settle
NOES: None
ABSENT: None
Lee Price, CMC
City Clerk
Mayor Allen K.
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Ordinance No. 1345 (1998 Series)
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APPROVED AS TO FORM:
Allen K. Settle,
Ord. 1345