CC SR 20160517 E - Special Event Permit OrdinanceRANCHO PALOS VERDES CITY COUNCIL
AGENDA REPORT
AGENDA DESCRIPTION:
MEETING DATE: 05/17/2016
AGENDA HEADING: Consent Calendar
Consideration and possible introduction of an ordinance to permit special events on City
property and public rights-of-way.
RECOMMENDED COUNCIL ACTION:
(1) Introduce Ordinance No. AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES, CALIFORNIA, ADDING A NEW CHAPTER ENTITLED
"SPECIAL EVENT PERMITS" TO TITLE 12 OF THE RANCHO PALOS VERDES
MUNICIPAL CODE FOR THE PURPOSE OF PROVIDING A COORDINATED
PROCESS FOR MANAGING COMMUNITY EVENTS TO ENSURE PUBLIC
HEALTH AND SAFETY AND TO PROVIDE FOR FEES AND PROCEDURES
TO ADMINISTER THE PERMIT PROCESS.
FISCAL IMPACT: This work is included in the FY15-16 municipal budget.
Amount Budgeted: N/A
Additional Appropriation: None
Account Number(s): N/A
ORIGINATED BY: Michael Throne, PE, Director of Public Works
REVIEWED BY: Same as above
APPROVED BY: Doug Willmore, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Proposed Special Event Permit Ordinance — shat/underline version
(page A-1)
B. Proposed Special Event Permit Ordinance — clean version (page B-1)
BACKGROUND AND DISCUSSION:
This ordinance was originally discussed at a public hearing on May 3, 2016 by the City
Council. At the conclusion of the public hearing, the City Council requested certain
modifications to the draft ordinance, which is attached to this agenda item both in
+�, -t/underline form (Attachment A) to denote changes from the draft, and in clean
form (Attachment B).
The proposed ordinance will consider adoption of Chapter 12.20, entitled "Special Event
Permits." The purpose of this ordinance is to provide a coordinated process for
managing community events to ensure the public health, safety and welfare of event
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attendees, residents and other visitors; and to provide for fees, charges and procedures
required to administer the permit process. The proposed ordinance would establish a
Special Event Permit (SEP) that would be required to stage a special event in the City.
Special events covered by Chapter 12.20 solely include an event held on public streets,
sidewalks, walkways, or other publicly -owned property. Events include parades, races,
runs, carnivals, fairs, and political gatherings.
The proposed ordinance would create a Special Event Task Force—comprised of
representatives of City departments, including, but not limited to Public Works,
Community Development, and Recreation and Parks—which would review SEP
applications; determine the appropriate fee for the application subject to a City Council -
approved fee schedule; establish reasonable conditions for an SEP; and approve or
deny SEP applications. The ordinance also includes provisions to ensure that individual
and group free -speech rights are upheld, while simultaneously providing the City an
ability to manage the impact upon the general public caused by private free -speech
events.
If the proposed ordinance is approved, Public Works will return with an SEP permit fee
proposal for the City Council to consider at a future meeting. As proposed, the City
would not be exempt from securing an SEP for annual events such as Whale of a Day
and the Fourth of July celebration. The proposed ordinance would not supplant the
issuance of a Special Use Permit (SUP) by the Community Development Department
for private events on private property, nor would it usurp the issuance of Film Permits by
the City Manager's Office for commercial filming activity on public or private property.
ALTERNATIVES:
In addition to the recommendation, the following alternative action may be taken by the
City Council:
Take other action as deemed appropriate by the City Council.
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA,
ADDING A NEW CHAPTER ENTITLED "SPECIAL EVENT PERMITS" TO
TITLE 12 OF THE RANCHO PALOS VERDES MUNICIPAL CODE
WHEREAS, the City recognizes the substantial community benefit that may result from
community events, which can provide cultural enrichment and economic vitality and can
enhance community identity; and
WHEREAS, the purpose of this ordinance is to provide a coordinated process for
managing community events to ensure the public health, safety and welfare of event patrons,
residents and other visitors, and to provide for fees, charges and procedures required to
administer the permit process;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
SECTION 1. The facts set forth in the Recitals of this Ordinance, are true and correct.
SECTION 2. Chapter 12.20, "Special Event Permits" is added to Title 12, "Streets,
Sidewalks and Public Places," of the Rancho Palos Verdes Municipal Code to read:
Chapter 12.20
SPECIAL EVENT PERMITS
Sections:
12.20.010
Title.
12.20.020
Purpose.
12.20.030
Definitions.
12.20.040
Special Event Permit Required.
12.20.050
Special Event C,.,,.tmittee Task Force— Membership.
12.20.060
Powers of the Special Event CommitteeTask Force.
12.20.070
Application.
12.20.080
Processing of Special Event Permits.
12.20.090
Special Event Permit Fees and Charges.
12.20.100
Revocation.
12.20.110
Appeal.
12.20.120
Hold Harmless.
12.20.130 Insurance Requirements for Special Events.
12.20.140 Adoption of Procedures.
12.20.010 TITLE. This chapter shall be known as the Special Event Permits Ordinance.
12.20.020 PURPOSE. It is the purpose of this chapter to provide for the issuance of Special
Event Permits to regulate events on the public streets and public property of the city
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stage of to suppeft the even ; and to provide for fees, charges and procedures required to
administer the permit process.
12.20.030 DEFINITIONS. The following words and phrases when used in this chapter shall
mean:
"Amplified sound" means music or speech projected or transmitted by electronic equipment,
including, but not limited to, an amplifier, loudspeakers, or similar devices.
"Annual event" means an event recurring each year at approximately the same date which has
previously complied with the permit requirements of this code.
"Applicant" means the authorized agent of the sponsor who completes the application and acts as
primary contact for the special event.
"Chairperson" means the chairperson of the Special Event Committee Task Force as designated
by the City Manager.
"GammitteeTask Force" means the Special Event Coffifflittee Task Force as constituted by this
code.
"Event participants" means persons in attendance at an event, including spectators, vendors, event
staff, City staff, and all others present for the purpose of the event.
"Fair/carnival" means a stationary event, held for one or more days.
"Free speech special event" means an event at which the expression of free speech rights is the
principal purpose of the event. "Free speech rights" means expressive activity protected by the
First Amendment of the United States Constitution or Article 1, Section 2 of the California
Constitution.
"Indigent 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 (Ca1WORKs) 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 125% 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.
"Parade" means any organized group of 20 people or more marching or in procession, whether on
foot, animal, or vehicle, on public property.
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01203.0001/289671.3
"Procedure" means a procedure adopted by the Special Event Com, ,eTask Force, to implement
this code, or to carry out other responsibilities as may be required by this code or by other codes,
ordinances, or resolutions of the City or other agencies.
"Race/run" Means an organized event upon a public street, sidewalk, walkways, or other publicly
owned property including City parks (races/runs shall be prohibited on all City trails identified in
the Trails Network Plan) in which 10 or more persons participate by walking, running, riding a
bicycle, or operating a wheelchair.
"Recurring event" means an event that will occur repeatedly within a one-year period.
"Special event" means_.
�'�an event, including, but not limited to, parades and races/runs held on public streets,
sidewalks, walkways, or other publicly owned property including City parks, which is not subject
to any other City permitting requirement and including uses of private property incidental to the
use of public property; or
"Sponsor" means the person or group responsible for the special event to be held.
"Spontaneous event" means an event occasioned by news or affairs coming into public knowledge
less than 48 hours prior to such event.
"Transportation management/parking plan" means a plan developed by the applicant/sponsor to
identify and mitigate traffic/parking impacts associated with a special event.
12.20.040 SPECIAL EVENT PERMIT REQUIRED. A Special Event Permit must be
obtained from the City to stage a special event.
12.20.050 SPECIAL EVENT COMMIT TASK FORCE- MEMBERSHIP. A
Special Event Committee Task Force is hereby created to carry out the provisions of this code and is
comprised of representatives of City departments, including, but not limited to, the following
departments: Public Works, Community Development, and Parks and Recreation. The pec
Task Force may also invite representatives from other City departments, public agencies or
community or neighborhood organizations to provide comments on proposed special events.
Examples of such agencies/organizations include, but are not limited to the Los Angeles County
Sheriff and the Los Angeles County Fire. The chairperson of the Committee Task Force shall be a
Department Director designated by the City Manager. The chairperson shall provide for maintaining
Gammitte(—Task Force records, arranging meeting times and places and issuing a Special Event
Permit on behalf of the ConmnitteeTask Force.
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01203.0001/289671.3
12.20.060 POWERS OF THE SPECIAL EVENT r'OMMITTTASK FORCE. The
Special Event Conmnit4ee Task Force shall have the power to:
(a) Interpret and administer this code;
(b) Represent the City, in accordance with procedures adopted by the City Manager, in
discussions and in maintaining agreements with the person(s) who represents the event;
(c) Coordinate with City departments and with other government agencies for the provision
of governmental services for such special events;
(d) Establish terms and conditions, appropriate security fees and deposits, and the time(s),
place and manner of the event;
(e) Approve or deny Special Event Permits;
(f) Adopt policies for administering this code as necessary.
12.20.070 APPLICATION
(a) Special Event Permit Application Required. An application must be submitted to the
City by the special event applicant or sponsor along with an application fee and an administrative
review fee (if applicable) in the amounts established by City Council resolution. Payment of the
application fee is not required for free speech events. An indigent 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 submission 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.
(b) Application Form and Contents. An application for a Special Event Permit shall be
on a City form and signed by the applicant who is at least 18 years of age, and contains all of the
following information:
(1) The name, address, email address and daytime telephone number of each of
the following:
(i) The person filing the application (also include evening telephone
number),
(ii) An alternate person to contact if an emergency arises and the
applicant is unavailable (also include evening telephone number),
(iii) The organization sponsoring the event, if any; the president, chair or
other head of the organization; nonprofit documentation, if applicable (also include written
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01203.0001/289671.3
documentation of the authority under which the applicant is applying on behalf of the organization),
and
(iv) The person who will be present and in charge of the event on the day
of the event and their contact information during the event;
(2) A site plan identifying the proposed event and staging locations, including specific
street closures or street routes, if any, or park area requested and parking areas (first time events
must list several options for location, route, date, and time);
(3) A site map showing emergency exit routes;
(4) Any city equipment or personnel requested or required;
(5) A description of the planned event;
(6) A description of how the event will be promoted and any prior history of promotions
for similar events, including references;
(7) The proposed distribution or sale of any food or beverage, including alcoholic
beverages;
(8) The proposed event date including the dates and times for set-up and clean-up, and
the starting and finishing time of the event;
used;
lights;
(9) The estimated number of participants;
(10) The type and estimated number of vehicles, animals or structures that will be used;
(11) A description and location of any sound amplification equipment proposed to be
(12) The location of electrical generators, stages, tents, canopies, cooking apparatus and
(13) The location of mechanical rides, jump houses or other amusement attractions;
(14) Parking locations;
(15) The location of any water, first aid, or comfort station(s) to be provided;
(16) For each application for a parade: (i) the time when the units of the parade will begin
to assemble, (ii) the proposed assembly point for the parade, (iii) the proposed parade route, (iv) the
interval space to be maintained between units of the parade, and (v) the number, type and size of
floats or other vehicles;
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01203.0001/289671.3
(17) A preliminary security plan and any monitors to be employed during the event; and
(18) Any other information which the Gammi4ee Task Force reasonably requires to
evaluate the particular special event application. In addition, the Cie Task Force can waive
application requirements that the Comfflittee Task Force determines are inapplicable.
12.20.080 PROCESSING OF SPECIAL EVENT PERMITS.
(a) Non -Free Speech Special Events.
(1) An application for a Special Event Permit shall be filed at least 90 days
prior to the date of the proposed event.
(2) The e Task Force or chairperson shall meet with the applicant or
sponsor to review the application to determine whether additional information is required and
discuss applicable conditions and potential security fees.
(3) A notice issued by the City for a Special Event Permit shall be mailed to
property owners located within a 500 foot radius of a fixed event site or to a parade, or run/race
route describing the event and inviting public to comment. The applicant shall cover the cost,
including postage, for the notice. The notice shall be mailed by first class mail at least 30 calendar
days before the date of the proposed event. A decision of the Special Event Permit shall be made by
the City no later than 10 calendar days before the date of the proposed event.
(4) The Geffimil4ee Task Force shall make a decision on the application, set any
conditions and fees, and issue the permit.
(5) In deciding whether to approve, or approve with conditions, the Committee
Task Force shall make each of the following findings:
(i) The event, as proposed, can be shown to function safely;
(ii) The use of sheriff and/or fire resources to support the event will not
deny reasonable sheriff and fire protection to the City;
(iii) The special event will not adversely interfere with previously City -
approved and/or scheduled construction, maintenance or other activities;
(iv) The proposed event will not adversely impact the health or safety of
surrounding properties which cannot be effectively mitigated;
(v) The special event shall not adversely impede the public's reasonable
use of City streets, sidewalks, walkways, trails, and City parks and
(vi) The location/route meets the criteria established in the procedures.
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01203.0001/289671.3
(vii) 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 of speech or message conveyed by the event.
(6) Conditions.
(i) The Committee Task Force may include in a Special Event Permit,
among other provisions, reasonable terms or conditions as to the time, place and manner of the
event, notice requirements, compliance with health and sanitary regulations, emergency services,
security payment of Special Event Permit fee, reimbursement of direct expenses incurred by the
City, and a clean-up/damage deposit.
(ii) Additional permits or security fees may be required by other
agencies, such as Los Angeles County Fire, Los Angeles County Sheriff or the California Coastal
Commission, to meet the conditions established by the permit, and/or other Federal, State, County
or City codes.
(iii) In order to accommodate other concurrent events, the rights of
abutting owners and the needs of the public to use streets or parks, the conditions may include, but
not be limited to, reasonable adjustments in the date, time, route or location of the proposed event;
accommodations of pedestrian or vehicular traffic using the street; accommodations of public access
to City parks, preserve, and trails; and limitations on the duration of the event.
(7) Recurring Events. The Special Event Gefamiaee Task Force may require a
trial period before approving all planned events. In no case shall recurrent events be authorized for
more than one year.
(8) An application for a Special Event Permit can be denied on any of the
following grounds:
(i) Applicant's provision of false or misleading information;
(ii) Conflict with other planned events in the area;
(iii) Previous permit violations by the applicant or organization; or
(iv) Inability to make each of the findings for approval set forth above.
(9) CEQA Review. The Cemmit4ee Task Force will designate a staff person
knowledgeable in CEQA to perform an environmental review of the proposed special event.
(b) Free Speech Special Events. The following procedures apply to a free speech special
event:
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01203.0001/289671.3
(1) It is the intent of the Council to protect the rights of its citizens to engage in
protected free speech expression activities. Consequently, it is not the intent of this ordinance to
regulate conduct, the sole or principal object of which is the expression, dissemination or
communication by verbal, visual, literary or auditory means of opinion, views or ideas which are
protected by the First Amendment of the United States Constitution or Article 1, Section 2 of the
California Constitution.
(2) Filing. The applicant shall file a complete application for a Free Speech
Special Event with the Chairperson as soon as possible, but no later than seven working days before
the event. An application may be filed up to five calendar days before the event, but an applicant
filing fewer than seven calendar days before the event waives the right to appeal a decision. The
review period is to ensure adequate time for review of the proposed arrangements by the affected
City departments, establishing reasonable conditions, notification or the decision, and appeal from
the decision. If a spontaneous event is planned, the applicant may file an application 48 hours
before the event. The Special Event Gemmit4ee Task Force shall review the Free Speech Special
Event application to establish reasonable conditions, notification of the decision, and appeal from
the decision.
(3) Committee' Task Force's Decision. The Committee Task Force shall render
a decision in accordance with the findings set forth in subsection (a) within 48 hours (not including
days the City offices are closed) after receipt of a complete application. The Cee Task Force
Chairperson shall notify the applicant in writing (and orally, if possible) of the decision, including a
statement of the reasons for any conditions or the grounds for a denial. If a change in the time or
location of the proposed event would allow approval of the application, the Chairperson shall
propose an alternative to the applicant.
(4) Applicant's Acceptance. The applicant shall notify the Committee Task
Force Chairperson in writing of the applicant's acceptance within 24 hours (not including days the
City offices are closed) after written notice of the decision. The failure to submit a timely written
acceptance or appeal is deemed an automatic withdrawal of the application. If the applicant files a
valid written acceptance of the C,,n aittee's Task Force's decision, the Free Speech Special Event
Permit shall be approved and the GaffHnit4ee Task Force Chairperson shall notify the City Council
and the City Manager that the permit has been issued.
(5) Appeal. An applicant who has filed a Free Speech Special Event Permit
application at least seven calendar days before the event may appeal the decision, including a
denial, a condition of approval, a refusal to waive a filing deadline, or a decision regarding fees or
insurance, by filing a written appeal. The appeal procedures are set forth in Section 12.20.110 of this
chapter.
(6) Judicial Review. Applications for a Free Speech Special Event Permit are
eligible for expedited judicial review pursuant to the Code of Civil Procedure, section 1094.8.
12.20.090 SPECIAL EVENT PERMIT FEES AND CHARGES.
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01203.0001/289671.3
(a) Special Event Permit fees and charges are established by resolution of the City
Council, if required. The application fee must be submitted when the applicant or sponsor files the
application. Other costs for City services shall be invoiced to the applicant no later than 10 calendar
days after the expiration date of the permit. The applicant shall pay said fees within 30 calendar
days of invoice otherwise late fees shall apply.
(b) In addition to the payment of any applicable nonrefundable permit application fees,
all applicants or sponsors shall be responsible for paying for all City departmental, Los Angeles
County Sheriff, or Los Angeles County Fire service charges incurred in connection with or due to
the permittee's activities under the permit.
12.20.100 REVOCATION. A Special Event Permit can be revoked by the Chairperson for
any of the following reasons:
(a) Failure to comply with any permitting requirements or conditions of approval;
(b) Knowingly providing false, misleading or fraudulent information;
(c) Failing to pay required fees, charges or deposits;
(d) Failing to agree to the indemnification agreement or for failing to provide proof of
insurance to the extent required; or
(e) New information after a permit has been approved materially changes the event.
12.20.110 APPEAL. A decision of a Special Event Permit, including a Free Speech Special
Event Permit, application is appealable to the City Manager by filing a written appeal to the City
Manager within 5 calendar days of the decision. The City Manager or designee shall hold a hearing
within 5 calendar days of receipt of the appeal, except that a hearing on an appeal of a Free Speech
Event shall be held within 2 calendar days of receipt of the appeal. The decision of the City
Manager or designee is final.
12.20.120 HOLD HARMLESS. As a condition to the issuance of any permit under this
chapter, the applicant shall agree to defend, indemnify and hold harmless the City, its elected and
appointed officials, employees and agents, against losses and liabilities incurred from the conduct
of the permittee, or its officers, employees, and agents, or claims or liabilities caused by, or arising
out of any activities authorized by any such permit.
12.20.130 INSURANCE REQUIREMENTS FOR SPECIAL EVENTS. The applicant
shall provide general liability insurance naming the City, its elected and appointed officials,
employees, and agents, as an additional insured. Limits of coverage will be determined by the City
Attorney's office at the time of application. Certificates of insurance are to be submitted to the
City for approval 14 calendar days prior to the day of the event. Acceptability of insurance is
subject to approval by the City's Risk Manager. This requirement does not apply to free speech
events.
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12.20.140 ADOPTION OF PROCEDURES. The City Council may prepare and adopt
regulations for the purpose of implementing this code or to carry out other responsibilities as may
be required by this code or other codes, ordinances of the City or other agencies.
SECTION 3. Severability. If any section, subsection, subdivision, sentence, clause,
phrase, or portion of this Ordinance or the application thereof to any person or place, is for any
reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remainder of this Ordinance. The City Council
hereby declares that it would have adopted this Ordinance, and each and every section, subsection,
subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or
more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be
declared invalid or unconstitutional.
SECTION 4. Effective Date. This ordinance shall be in effective on the thirtieth (30th)
day after the day of its adoption.
SECTION 5. Certification. The City Clerk shall certify to the adoption of this Ordinance
and shall cause the same to be posted in the manner required by law.
PASSED, APPROVED AND ADOPTED this day of gine 2016, by the
following vote to wit:
Ken Dyda
Mayor
ATTEST:
Carla Morreale
City Clerk
APPROVED AS TO FORM:
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01203.0001/289671.3
David J. Aleshire
City Attorney
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01203.0001/289671.3
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA,
ADDING A NEW CHAPTER ENTITLED "SPECIAL EVENT PERMITS" TO
TITLE 12 OF THE RANCHO PALOS VERDES MUNICIPAL CODE
WHEREAS, the City recognizes the substantial community benefit that may result from
community events, which can provide cultural enrichment and economic vitality and can
enhance community identity; and
WHEREAS, the purpose of this ordinance is to provide a coordinated process for
managing community events to ensure the public health, safety and welfare of event patrons,
residents and other visitors, and to provide for fees, charges and procedures required to
administer the permit process;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
SECTION 1. The facts set forth in the Recitals of this Ordinance, are true and correct.
SECTION 2. Chapter 12.20, "Special Event Permits" is added to Title 12, "Streets,
Sidewalks and Public Places," of the Rancho Palos Verdes Municipal Code to read:
Chapter 12.20
SPECIAL EVENT PERMITS
Sections:
12.20.010
Title.
12.20.020
Purpose.
12.20.030
Definitions.
12.20.040
Special Event Permit Required.
12.20.050
Special Event Task Force— Membership.
12.20.060
Powers of the Special Event Task Force.
12.20.070
Application.
12.20.080
Processing of Special Event Permits.
12.20.090
Special Event Permit Fees and Charges.
12.20.100
Revocation.
12.20.110
Appeal.
12.20.120
Hold Harmless.
12.20.130 Insurance Requirements for Special Events.
12.20.140 Adoption of Procedures.
12.20.010 TITLE. This chapter shall be known as the Special Event Permits Ordinance.
12.20.020 PURPOSE. It is the purpose of this chapter to provide for the issuance of Special
Event Permits to regulate events on the public streets and public property of the city; and to provide
for fees, charges and procedures required to administer the permit process.
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12.20.030 DEFINITIONS. The following words and phrases when used in this chapter shall
mean:
"Amplified sound" means music or speech projected or transmitted by electronic equipment,
including, but not limited to, an amplifier, loudspeakers, or similar devices.
"Annual event" means an event recurring each year at approximately the same date which has
previously complied with the permit requirements of this code.
"Applicant" means the authorized agent of the sponsor who completes the application and acts as
primary contact for the special event.
"Chairperson" means the chairperson of the Special Event Task Force as designated by the City
Manager.
"Task Force" means the Special Event Task Force as constituted by this code.
"Event participants" means persons in attendance at an event, including spectators, vendors, event
staff, City staff, and all others present for the purpose of the event.
"Fair/carnival" means a stationary event, held for one or more days.
"Free speech special event" means an event at which the expression of free speech rights is the
principal purpose of the event. "Free speech rights" means expressive activity protected by the
First Amendment of the United States Constitution or Article 1, Section 2 of the California
Constitution.
"Indigent 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 (Ca1WORKs) 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 125% 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.
"Parade" means any organized group of 20 people or more marching or in procession, whether on
foot, animal, or vehicle, on public property.
"Procedure" means a procedure adopted by the Special Event Task Force, to implement this code,
or to carry out other responsibilities as may be required by this code or by other codes, ordinances,
or resolutions of the City or other agencies.
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01203.0001/289671.3
"Race/run" Means an organized event upon a public street, sidewalk, walkways, or other publicly
owned property including City parks (races/runs shall be prohibited on all City trails identified in
the Trails Network Plan) in which 10 or more persons participate by walking, running, riding a
bicycle, or operating a wheelchair.
"Recurring event" means an event that will occur repeatedly within a one-year period.
"Special event" means an event, including, but not limited to, parades and races/runs held on public
streets, sidewalks, walkways, or other publicly owned property including City parks, which is not
subject to any other City permitting requirement and including uses of private property incidental
to the use of public property; or
"Sponsor" means the person or group responsible for the special event to be held.
"Spontaneous event" means an event occasioned by news or affairs coming into public knowledge
less than 48 hours prior to such event.
"Transportation management/parking plan" means a plan developed by the applicant/sponsor to
identify and mitigate traffic/parking impacts associated with a special event.
12.20.040 SPECIAL EVENT PERMIT REQUIRED. A Special Event Permit must be
obtained from the City to stage a special event.
12.20.050 SPECIAL EVENT TASK FORCE- MEMBERSHIP. A Special Event Task
Force is hereby created to carry out the provisions of this code and is comprised of representatives of
City departments, including, but not limited to, the following departments: Public Works, Community
Development, and Parks and Recreation. The Task Force may also invite representatives from other
City departments, public agencies or community or neighborhood organizations to provide comments
on proposed special events. Examples of such agencies/organizations include, but are not limited to
the Los Angeles County Sheriff and the Los Angeles County Fire. The chairperson of the Task Force
shall be a Department Director designated by the City Manager. The chairperson shall provide for
maintaining Task Force records, arranging meeting times and places and issuing a Special Event
Permit on behalf of the Task Force.
12.20.060 POWERS OF THE SPECIAL EVENT TASK FORCE. The Special Event Task
Force shall have the power to:
(a) Interpret and administer this code;
(b) Represent the City, in accordance with procedures adopted by the City Manager, in
discussions and in maintaining agreements with the person(s) who represents the event;
(c) Coordinate with City departments and with other government agencies for the provision
of governmental services for such special events;
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(d) Establish terms and conditions, appropriate security fees and deposits, and the time(s),
place and manner of the event;
(e) Approve or deny Special Event Permits;
(f) Adopt policies for administering this code as necessary.
12.20.070 APPLICATION
(a) Special Event Permit Application Required. An application must be submitted to the
City by the special event applicant or sponsor along with an application fee and an administrative
review fee (if applicable) in the amounts established by City Council resolution. Payment of the
application fee is not required for free speech events. An indigent 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 submission 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.
(b) Application Form and Contents. An application for a Special Event Permit shall be
on a City form and signed by the applicant who is at least 18 years of age, and contains all of the
following information:
(1) The name, address, email address and daytime telephone number of each of
the following:
(i) The person filing the application (also include evening telephone
number),
(ii) An alternate person to contact if an emergency arises and the
applicant is unavailable (also include evening telephone number),
(iii) The organization sponsoring the event, if any; the president, chair or
other head of the organization; nonprofit documentation, if applicable (also include written
documentation of the authority under which the applicant is applying on behalf of the organization),
and
(iv) The person who will be present and in charge of the event on the day
of the event and their contact information during the event;
(2) A site plan identifying the proposed event and staging locations, including specific
street closures or street routes, if any, or park area requested and parking areas (first time events
must list several options for location, route, date, and time);
(3) A site map showing emergency exit routes;
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(4) Any city equipment or personnel requested or required;
(5) A description of the planned event;
(6) A description of how the event will be promoted and any prior history of promotions
for similar events, including references;
(7) The proposed distribution or sale of any food or beverage, including alcoholic
beverages;
(8) The proposed event date including the dates and times for set-up and clean-up, and
the starting and finishing time of the event;
used;
lights;
(9) The estimated number of participants;
(10) The type and estimated number of vehicles, animals or structures that will be used;
(11) A description and location of any sound amplification equipment proposed to be
(12) The location of electrical generators, stages, tents, canopies, cooking apparatus and
(13) The location of mechanical rides, jump houses or other amusement attractions;
(14) Parking locations;
(15) The location of any water, first aid, or comfort station(s) to be provided;
(16) For each application for a parade: (i) the time when the units of the parade will begin
to assemble, (ii) the proposed assembly point for the parade, (iii) the proposed parade route, (iv) the
interval space to be maintained between units of the parade, and (v) the number, type and size of
floats or other vehicles;
(17) A preliminary security plan and any monitors to be employed during the event; and
(18) Any other information which the Task Force reasonably requires to evaluate the
particular special event application. In addition, the Task Force can waive application requirements
that the Task Force determines are inapplicable.
12.20.080 PROCESSING OF SPECIAL EVENT PERMITS.
(a) Non -Free Speech Special Events.
(1) An application for a Special Event Permit shall be filed at least 90 days
prior to the date of the proposed event.
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(2) The Task Force or chairperson shall meet with the applicant or sponsor to
review the application to determine whether additional information is required and discuss
applicable conditions and potential security fees.
(3) A notice issued by the City for a Special Event Permit shall be mailed to
property owners located within a 500 foot radius of a fixed event site or to a parade, or run/race
route describing the event and inviting public to comment. The applicant shall cover the cost,
including postage, for the notice. The notice shall be mailed by first class mail at least 30 calendar
days before the date of the proposed event. A decision of the Special Event Permit shall be made by
the City no later than 10 calendar days before the date of the proposed event.
(4) The Task Force shall make a decision on the application, set any conditions
and fees, and issue the permit.
(5) In deciding whether to approve, or approve with conditions, the Task Force
shall make each of the following findings:
(i) The event, as proposed, can be shown to function safely;
(ii) The use of sheriff and/or fire resources to support the event will not
deny reasonable sheriff and fire protection to the City;
(iii) The special event will not adversely interfere with previously City -
approved and/or scheduled construction, maintenance or other activities;
(iv) The proposed event will not adversely impact the health or safety of
surrounding properties which cannot be effectively mitigated;
(v) The special event shall not adversely impede the public's reasonable
use of City streets, sidewalks, walkways, trails, and City parks and
(vi) The location/route meets the criteria established in the procedures.
(vii) 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 of speech or message conveyed by the event.
(6) Conditions.
(i) The Task Force may include in a Special Event Permit, among other
provisions, reasonable terms or conditions as to the time, place and manner of the event, notice
requirements, compliance with health and sanitary regulations, emergency services, security
payment of Special Event Permit fee, reimbursement of direct expenses incurred by the City, and a
clean-up/damage deposit.
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(ii) Additional permits or security fees may be required by other
agencies, such as Los Angeles County Fire, Los Angeles County Sheriff or the California Coastal
Commission, to meet the conditions established by the permit, and/or other Federal, State, County
or City codes.
(iii) In order to accommodate other concurrent events, the rights of
abutting owners and the needs of the public to use streets or parks, the conditions may include, but
not be limited to, reasonable adjustments in the date, time, route or location of the proposed event;
accommodations of pedestrian or vehicular traffic using the street; accommodations of public access
to City parks, preserve, and trails; and limitations on the duration of the event.
(7) Recurring Events. The Special Event Task Force may require a trial period
before approving all planned events. In no case shall recurrent events be authorized for more than
one year.
(8) An application for a Special Event Permit can be denied on any of the
following grounds:
(i) Applicant's provision of false or misleading information;
(ii) Conflict with other planned events in the area;
(iii) Previous permit violations by the applicant or organization; or
(iv) Inability to make each of the findings for approval set forth above.
(9) CEQA Review. The Task Force will designate a staff person knowledgeable
in CEQA to perform an environmental review of the proposed special event.
(b) Free Speech Special Events. The following procedures apply to a free speech special
event:
(1) It is the intent of the Council to protect the rights of its citizens to engage in
protected free speech expression activities. Consequently, it is not the intent of this ordinance to
regulate conduct, the sole or principal object of which is the expression, dissemination or
communication by verbal, visual, literary or auditory means of opinion, views or ideas which are
protected by the First Amendment of the United States Constitution or Article 1, Section 2 of the
California Constitution.
(2) Filing. The applicant shall file a complete application for a Free Speech
Special Event with the Chairperson as soon as possible, but no later than seven working days before
the event. An application may be filed up to five calendar days before the event, but an applicant
filing fewer than seven calendar days before the event waives the right to appeal a decision. The
review period is to ensure adequate time for review of the proposed arrangements by the affected
City departments, establishing reasonable conditions, notification or the decision, and appeal from
the decision. If a spontaneous event is planned, the applicant may file an application 48 hours
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before the event. The Special Event Task Force shall review the Free Speech Special Event
application to establish reasonable conditions, notification of the decision, and appeal from the
decision.
(3) Task Force's Decision. The Task Force shall render a decision in
accordance with the findings set forth in subsection (a) within 48 hours (not including days the City
offices are closed) after receipt of a complete application. The Task Force Chairperson shall notify
the applicant in writing (and orally, if possible) of the decision, including a statement of the reasons
for any conditions or the grounds for a denial. If a change in the time or location of the proposed
event would allow approval of the application, the Chairperson shall propose an alternative to the
applicant.
(4) Applicant's Acceptance . The applicant shall notify the Task Force
Chairperson in writing of the applicant's acceptance within 24 hours (not including days the City
offices are closed) after written notice of the decision. The failure to submit a timely written
acceptance or appeal is deemed an automatic withdrawal of the application. If the applicant files a
valid written acceptance of the Task Force's decision, the Free Speech Special Event Permit shall be
approved and the Task Force Chairperson shall notify the City Council and the City Manager that
the permit has been issued.
(5) Appeal. An applicant who has filed a Free Speech Special Event Permit
application at least seven calendar days before the event may appeal the decision, including a
denial, a condition of approval, a refusal to waive a filing deadline, or a decision regarding fees or
insurance, by filing a written appeal. The appeal procedures are set forth in Section 12.20. 110 of this
chapter.
(6) Judicial Review. Applications for a Free Speech Special Event Permit are
eligible for expedited judicial review pursuant to the Code of Civil Procedure, section 1094.8.
12.20.090 SPECIAL EVENT PERMIT FEES AND CHARGES.
(a) Special Event Permit fees and charges are established by resolution of the City
Council, if required. The application fee must be submitted when the applicant or sponsor files the
application. Other costs for City services shall be invoiced to the applicant no later than 10 calendar
days after the expiration date of the permit. The applicant shall pay said fees within 30 calendar
days of invoice otherwise late fees shall apply.
(b) In addition to the payment of any applicable nonrefundable permit application fees,
all applicants or sponsors shall be responsible for paying for all City departmental, Los Angeles
County Sheriff, or Los Angeles County Fire service charges incurred in connection with or due to
the permittee's activities under the permit.
12.20.100 REVOCATION. A Special Event Permit can be revoked by the Chairperson for
any of the following reasons:
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(a) Failure to comply with any permitting requirements or conditions of approval;
(b) Knowingly providing false, misleading or fraudulent information;
(c) Failing to pay required fees, charges or deposits;
(d) Failing to agree to the indemnification agreement or for failing to provide proof of
insurance to the extent required; or
(e) New information after a permit has been approved materially changes the event.
12.20.110 APPEAL. A decision of a Special Event Permit, including a Free Speech Special
Event Permit, application is appealable to the City Manager by filing a written appeal to the City
Manager within 5 calendar days of the decision. The City Manager or designee shall hold a hearing
within 5 calendar days of receipt of the appeal, except that a hearing on an appeal of a Free Speech
Event shall be held within 2 calendar days of receipt of the appeal. The decision of the City
Manager or designee is final.
12.20.120 HOLD HARMLESS. As a condition to the issuance of any permit under this
chapter, the applicant shall agree to defend, indemnify and hold harmless the City, its elected and
appointed officials, employees and agents, against losses and liabilities incurred from the conduct
of the permittee, or its officers, employees, and agents, or claims or liabilities caused by, or arising
out of any activities authorized by any such permit.
12.20.130 INSURANCE REQUIREMENTS FOR SPECIAL EVENTS. The applicant
shall provide general liability insurance naming the City, its elected and appointed officials,
employees, and agents, as an additional insured. Limits of coverage will be determined by the City
Attorney's office at the time of application. Certificates of insurance are to be submitted to the
City for approval 14 calendar days prior to the day of the event. Acceptability of insurance is
subject to approval by the City's Risk Manager. This requirement does not apply to free speech
events.
12.20.140 ADOPTION OF PROCEDURES. The City Council may prepare and adopt
regulations for the purpose of implementing this code or to carry out other responsibilities as may
be required by this code or other codes, ordinances of the City or other agencies.
SECTION 3. Severability. If any section, subsection, subdivision, sentence, clause,
phrase, or portion of this Ordinance or the application thereof to any person or place, is for any
reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remainder of this Ordinance. The City Council
hereby declares that it would have adopted this Ordinance, and each and every section, subsection,
subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or
more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be
declared invalid or unconstitutional.
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SECTION 4. Effective Date. This ordinance shall be in effective on the thirtieth (30th)
day after the day of its adoption.
SECTION 5. Certification. The City Clerk shall certify to the adoption of this Ordinance
and shall cause the same to be posted in the manner required by law.
PASSED, APPROVED AND ADOPTED this day of June 2016, by the following
vote to wit:
Ken Dyda
Mayor
ATTEST:
Carla Morreale
City Clerk
APPROVED AS TO FORM:
David J. Aleshire
City Attorney
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