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CC SR 20190716 05 -Special Event Policy SR - Copy01203.0001/563717.3 RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 07/16/2019 AGENDA REPORT AGENDA HEADING: Regular Business AGENDA DESCRIPTION: Consideration and possible action to introduce an ordinance revising the Special Event Permit process RECOMMENDED COUNCIL ACTION: (1) Introduce Ordinance No. _________, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, REPEALING AND REPLACING CHAPTER 12.20 (SPECIAL EVENT PERMITS) OF TITLE 12 (STREETS, SIDEWALKS AND PUBLIC PLACES) OF THE RANCHO PALOS VERDES MUNICIPAL CODE. FISCAL IMPACT: No impact Amount Budgeted: $0 Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Matt Waters, Senior Administrative Analyst REVIEWED BY: Cory Linder, Director of Recreation & Parks APPROVED BY: Doug Willmore, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Draft revised Special Event Permit Ordinance (page A-1) B. Ordinance No. 581 on Special Event Permits adopted May 17, 2016 (page B-1) C. Red-lined version of Special Event Permit Ordinance (page C-1) BACKGROUND AND DISCUSSION: On May 3, 2016, the City Council conducted a public hearing to consider the introduction and adoption of a Special Event Permit Ordinance for events in public rights-of-way and City properties. Ordinance No. 581 (Attachment B), which added a new chapter entitled “Special Event Permits” to Title 12 of the Municipal Code , was adopted on May 17, 2016. Ordinance No. 581 was established to provide a coordinated process for “managing community events to ensure the public health, safety and welfare 1 01203.0001/563717.3 of event patrons, residents and other visitors, and to provide for fees, charges and procedures required to administer the permit process.” Ordinance No. 581 also established a Special Events Task Force (Task Force) consisting of representatives of the Public Works, Community Development, and Recreation and Parks departments. The Task Force’s role was to review special event permit applications, coordinate and communicate with the applicant and decide on eventual approval, rejection or possible modification of the proposed event. Special event permit applications were to be evaluated based on a variety of considerations, including potential adverse effects, traffic impacts, public safety and effects on event- adjacent neighbors. Input and approval from the Los Angeles County Sheriff ’s and Fire departments would be sought out as needed. On March 7, 2017, the City Council directed Staff to return with a report on potential amendments to the Special Event Ordinance and policy. The emphasis was on increasing enforcement of special event permit violations, particularly via the use of citations. This direction was based on a report of an organized group, commonly referred to as a “meetup,” that met and ran through the Forrestal Reserve in numbers estimated to exceed 50. A number of residents complained about the event as not being appropriate for the location. The group was far in excess of the typical number of people allowed in the Preserve in a single group. The Special Event Ordinance does not include any mention of citations. Since that incident, there have been a number of reports of similar “meetup” events. At its May 1, 2018 meeting, the City Council directed Staff to return with a draft ordinance that addressed the following concerns:  Special event enforcement citations  Codified usage/size limitation policies A section addressing free speech has also been added. A red-lined version of the proposed changes to the 2016 ordinance can be found in Attachment C. Park/Open Space Minimum Number/Acceptable Usage Guidelines At the City Council’s direction, Staff has returned with a revised ordinance that includes proposed occupancy limits. A one-number-fits-all approach was deemed impractical given the distinct differences in City parks in both overall size, location, parking and intended purpose. The 2016 ordinance did not include maximum occupancy limits or attendance numbers that would trigger a special event permit requirement. The chart below establishes the following:  Criteria that would trigger a special event permit on a location -by-location basis, based on attendance and impact. An acceptable limit and range of allowable 2 01203.0001/563717.3 activities for an active park, such as Hesse Park, would be higher than that of a modest pocket park, such as Frank S. Vanderlip Park.  Attendance levels for free speech events, which are deliberately higher thresholds than regular special event permits, in order to avoid unwanted constraints on constitutional First Amendment rights.  A special event permit review process will also be required if there is amplified sound, traffic or ingress/egress impacts, or structures/equipment that require health and safety inspection.  A number of parks have been marked exempt from special event permits, such as Frank S. Vanderlip Park and Del Cerro Park, although City-sponsored events and free speech events are allowed at all sites.  Establishes a maximum number of attendees that does not require a permit (if there is no amplified sound, traffic impact or other mitigating factor) for each park. This number ranges from 20 people at park sites to 100 in the public right-of-way.  The revised ordinance does not allow for special permitted use of open space and the Palos Verdes Nature Preserve and sets a comparatively low maximum of 40 for free speech events due to the high likelihood of habitat damage if large groups were allowed in.  City-approved and mission-aligned groups such as the Sierra Club and scout troops would be reviewed and permitted on a case -by-case basis. The Preserve policies and thresholds will be submitted for review to wildlife agencies.  City-partnered events do not require special event permits. Location Special Event (12.20.040; 12.20.060; 12.20.070) Free Speech Special Event (12.20.040; 12.20.080) Maximum Attendance (all events) Public right-of- way Permit required when -- 100 people; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections Permit required when -- 500 people; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections N/A Civic Center (Upper Point Vicente Park/ City Hall) Permit required when -- 30 people; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections Permit required when -- 300 people; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections 1000 for Free Speech Events 500 for all other Special Events Hesse Park Permit required when -- 30 people; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or Permit required when -- 300 people; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or 500 3 01203.0001/563717.3 Location Special Event (12.20.040; 12.20.060; 12.20.070) Free Speech Special Event (12.20.040; 12.20.080) Maximum Attendance (all events) -- structures that require health & safety inspections -- structures that require health & safety inspections Lower Point Vicente Park (Vicente Park Interpretive Center) Permit required when -- 30 people; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections Permit required when -- 300 people; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections 1000 for Free Speech Events 500 for all other Special Events Robert Ryan Park Permit required when -- 20 people; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections Permit required when -- 50 people; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections 200 Ladera Linda Park Permit required when -- 20 people; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections Permit required when -- 50 people; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections 200 Eastview Park Permit required when -- 20 people; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections Permit required when -- 50 people; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections 200 Palos Verdes Nature Preserve No permit required. Maximum event/group attendance: 20 people. No events allowed if: -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections Permit required when event attendance 20 or more people No events allowed if: -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections 40 for Free Speech Events 20 for all other events/groups 4 01203.0001/563717.3 Location Special Event (12.20.040; 12.20.060; 12.20.070) Free Speech Special Event (12.20.040; 12.20.080) Maximum Attendance (all events) Del Cerro Park No permit required. Maximum event/group attendance: 20 people. No events allowed if: -- attendance over 20; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections Permit required when event attendance 50 people or more No events allowed if : -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections 200 for Free Speech Events only 20 for all other events/groups Frank S. Vanderlip Park No permit required. Maximum event/group attendance: 20 people. No events allowed if: -- attendance over 20; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections Permit required when event attendance 50 people or more No events allowed if: -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections 200 for Free Speech Events only 20 for all other events/groups. Abalone Cove No permit required. Maximum event/group attendance: 20 people. No events allowed if: -- attendance over 20; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections Permit required when event attendance 50 people or more No events allowed if: -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections 200 for Free Speech Events only 20 for all other events/groups Marilyn Ryan Sunset Park No permit required. Maximum event/group attendance: 20 people. No events allowed if: -- attendance over 20; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections Permit required when event attendance 50 people or more No events allowed if: -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections 200 for Free Speech Events only 20 for all other events/groups 5 01203.0001/563717.3 Location Special Event (12.20.040; 12.20.060; 12.20.070) Free Speech Special Event (12.20.040; 12.20.080) Maximum Attendance (all events) Founders Park No permit required. Maximum event/group attendance: 20 people. No events allowed if: -- attendance over 20; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections Permit required when event attendance 50 people or more No events allowed if: -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections 200 for Free Speech Events only 20 for all other events/groups Grandview Park No permit required. Maximum event/group attendance: 20 people. No events allowed if: -- attendance over 20; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections Permit required when event attendance 50 people or more No events allowed if: -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections 200 for Free Speech Events only 20 for all other events/groups Pelican Cove Park No permit required. Maximum event/group attendance: 20 people. No events allowed if: -- attendance over 20; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections Permit required when event attendance 50 people or more No events allowed if: -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections 200 for Free Speech Events only 20 for all other events/groups These limits were selected based on the size of the p ark or location, type of park — e.g. developed sites, such as Hesse Park vs. undeveloped sites, such as Grandview Park, existing events (Whale of a Day, Fourth of July) and normal use/capacity. Policies adopted by other cities were studied as well. Along with those factors, potential impact on adjacent residents along with the Council’s park policy of “less is more” were considered in setting the trigger points for mandatory special event permits at conservative levels or in not allowing special permits at all. Events will not be allowed that exceed the capacity of a park or its infrastructure, or if it causes adverse impacts to the surrounding neighborhood and community. These levels are admittedly trial 6 01203.0001/563717.3 recommendations, and should be re-examined within a year of their establishment to gauge their appropriateness and effectiveness. The revised ordinance added or expanded on definitions of the following special event- related terms:  City-partnered event: an event organized and run by a nonprofit organization in conjunction with the City, where the City provides sponsorship or partnership and retains control over how the event is run and/or publicized. Examples include nature hikes in the Palos Verdes Nature Preserve led by Palos Verdes Peninsula Land Conservancy docents.  Covered event: includes, but is not limited to, any of the following one -time, recurring or annual events: a commercial event (e.g. a fair, carnival, farmers market), a spectator sport (e.g. beach volleyball, hockey, basketball, surfing competition), an athletic event (e.g. races, runs), a community event (e.g. beach/park clean up, sandcastle building, a hike or nature walk); parades; and mixed free speech events. City-partnered events of any nature shall not be included in this definition.  Mission-aligned event: an event (one-time, recurring or annual) that takes place in the Palos Verdes Nature Preserve and/or within the City trails system, and that is organized and run by a nonprofit entity whose mission is aligned with the City ’s goals of habitat and sensitive species preservation and protection of the City’s open spaces. Examples include nature hikes by the Sierra Club and the Boy Scouts of America.  Special event: any event that requires a special event permit, as provided for in Section 12.20.40. Small special events shall be events with an anticipated attendance of 150 or fewer people. Large special events shall be events with an anticipated attendance of more than 150 people. Free Speech The revised ordinance includes a free speech special event permit application designed to provide more clear guidance regarding free speech events. The revised permit expands on the existing free speech section of the 2016 ordinance:  Mixed free speech events and parades shall be subject to the special event permit process.  A free speech special event permit shall be required if the proposed event may impede, obstruct, impair or interfere with the free use of any public street, highway, alley, sidewalk, or other public right-of-way, or with ingress or egress to the same. 7 01203.0001/563717.3  A free speech permit will also be required if the proposed event exceeds the maximum attendance for the event’s proposed location as listed in the ordinance chart.  Free speech special event permit applications are not required for spontaneous events.  Spontaneous event organizers shall provide the Task Force with advance notice about the type of event, date, time, duration, location and/or route, anticipated attendance and identification of public spaces or public right-of-ways that may be obstructed or closed.  Spontaneous events may not exceed the maximum occupancy for a given location. The revised ordinance calls for the following information to be provided as part of a free speech application:  A description of the proposed event  The street or other public property and the specific area or areas thereof to be utilized in connection with the proposed event  The manner in which the public property will be utilized  The date or dates and the specific times of the proposed event, including set-up and tear-down  The name, address and telephone number of the sponsor of the proposed event  The name, address and telephone number of the person or persons to be contacted regarding the application or the permit  Anticipated participation, including any animals that may be in attendance The revised ordinance also added the following free speech special event definition:  “Free speech special event” or “mixed free speech special event” means an event at which the expression of free speech rights is the principal purpose of the event, or where free speech is entwined with commercial purposes. Examples of free speech special events include a parade, protest, speech, or rally; individual street performers. A mixed free speech special event is one that has a commercial component, or that is open to the public for entertainment or cultural purposes; mixed free speech events are not dependent on current events and require time and logistical support to organize; examples include a circus, outdoor theater, art fair, or other organized art or entertainment. Enforcement The City Council previously expressed concern that the 2016 Special Event Ordinance did not have specific enforcement/citation authority included in its language. Questions were raised regarding the mechanism for how Staff or the Sheriff’s Department could cite individuals or groups who were potentially in violation of special event rules or, as is often the case, had not contacted the City about obtaining permission. 8 01203.0001/563717.3 While the current Special Event Ordinance does not have specific citation language, the City’s Municipal Code allows for generalized citation authority for any code violation. Assistant City Attorney Elena Gerli confirmed Staff’s interpretation that administrative citations can be issued for any violation of the Code. Section 1.16.010 notes that: “This chapter provides for an administrative remedy for any violation of this code, including continuing violations related to building, plumbing, electrical, or other similar structural or zoning issues or any violation of any condition of any city approval. This remedy may be exercised in place of, or in addition to, any administrative, criminal, civil, or equitable remedy allowed by law. The city attorney or city prosecutor or their respective assistants shall have sole discretion to determine whether a violation will be prosecuted criminally.” Assistant City Attorney Gerli noted that administrative citations are typically issued by code officers rather than sheriff’s personnel, but noted that she did not see any reason why they could not issue such citations. City Ordinance 512 references a “blanket” citation policy setting up a generic citation penalty schedule for any code violations which do not have a specific administrative policy. The penalty schedule consists of the following:  $100 for a first violation  $200 for a second violation, and  $500 for a third violation with a 12-month period from the first violation. The following enforcement and appeal changes were made to the draft revised ordinance:  Violations of this chapter shall be charged to the applicant and/or sponsor of the event pursuant to Chapters 1.08 and 1.16 of this code, as well as any other remedies available to the City at law or equity.  In addition to the penalties provided for in Chapters 1.08 and 1.16 of this code, sponsors, applicants or participants of an event may be cited and/or ejected from the public property for violations of this chapter after notice and an opportunity to cure the violation.  A decision regarding a special event permit application may be appealed in writing to the City Manager within 10 calendar days of the Task Force’s decision for large special events and within five calendar days of the Task Force’s decision for small special events.  The City Manager shall make a decision on the appeal within 10 calendar days of receipt of the appeal for large special events and within five calendar days of receipt of the appeal for small special events.  The decision of the City Manager shall be final, and is subject to judicial review pursuant to Section 1094.5 and 1094.6 of the Code of Civil Procedure. While these penalties may act as a deterrent in some cases involving unauthorized special events, such as a hike meetup group or outdoor exercise class, the amount may 9 01203.0001/563717.3 be too modest to be a significant deterrent to a larger-scale event. Higher citation thresholds may be needed to deter the potential for a large event, whose organizers could rationalize a $500 citation as simply the cost of conducting business without a permit. On a trial basis, Staff is recommending that Ordinance No. 581 be revised to specify that the above-mentioned “blanket” citation policies be specifically applied to violations of the special event permit process. The existing special event permit application form will be updated and made available to the public at park sites and on the City’s website if the revised ordinance is approved. Additional Changes: Exemption and Waivers An exemption and waivers section was added (12.20.50).  Special Events with an anticipated participation below the thresholds indicated in Table 12.20.040-1 shall not require a Special Event Permit.  City-partnered events do not require Special Event Permits.  Permits for mission-aligned events, as well as for nonprofit and educational events, may be subject to reduced or waived fees, as determined by City Council resolution. A special event permit fee schedule and special event permit application form was adopted by the City Council on July 19, 2016. A special event permit fee of $300 was established. Local nonprofit organizations were granted a 50% waiver and City of Rancho Palos Verdes homeowner associations were granted a 100% waiver. Indigent persons (as defined in Municipal Code Section 12.20.030) and free speech events were granted a 100% waiver. A number of events were exempted from the application process as they are already addressed through other fee and permit process es. These events include film permits; Recreation and Parks Department-managed weddings, parties, sports leagues; and events and activities held on private streets. Processing of Special Event Permit applications: The following changes or additions were made to Section 12.20.70: Processing of Special Event Permit applications:  Special Events. An application for a Special Event Permit shall be filed at least 30 days prior to the date of a proposed Small Special Event, and at least 90 days prior to the date of a proposed Large Special Event.  Hikes and nature walks. Special event permit applications for hikes and nature walks in the Preserve or any of the City’s trails may be submitted 15 days prior to the proposed event.  Recurring special event permits. A special event permit application for recurring events must be submitted no later than 90 days prior to the start of the recurring 10 01203.0001/563717.3 special events. These permits shall only authorize the same type of recurring event during the year, and is not intended to be a blanket event permit for the applicant or sponsor.  Requested dates and times at specific locations shall be reserved on a first- come, first-served basis. If the date or time requested is not available, the chairperson shall inform the applicant within five business days and shall suggest alternative dates and times. Applications for events occurring more than 12 months from the date of the application shall not be accepted. Special Event Permit Application The following changes were made to Section 12.20.60: Special Event Permit application. These changes will be made to the special event permit application form when approved.  The requested event date, including the dates and times for setup and cleanup, and the starting and finishing time of the event. Also include two alternative dates.  If alcoholic beverages are included, provide all applicable licenses and registrations allowing the sale of alcoholic beverages at the event.  For a commercial or mixed free speech event, a layout showing the locations of booths, stages, audience, tables and chairs, food court, portable bathrooms and emergency exits.  Parking and transportation plan as deemed necessary by the Task Force, based on the anticipated number of participants and the availability of parking at the proposed location.  For recurring events, the applicant shall also include the following information: o The frequency of the proposed recurring event, including if available a schedule with proposed dates and times. Proposed schedules may be submitted as soon as available, but no later than 15 days prior to the start of the events. o The minimum and maximum number of participants for each event. ALTERNATIVES: In addition to the Staff recommendation, the following alternative action is available for the City Council’s consideration: 1) Make no changes to the existing Special Event Permit Ordinance. 2) Provide other direction to Staff on Special Event Permit Ordinance. 11 01203.0001/563810.1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, REPEALING AND REPLACING CHAPTER 12.20 (SPECIAL EVENT PERMITS) OF TITLE 12 (STREETS, SIDEWALKS AND PUBLIC PLACES) OF THE RANCHO PALOS VERDES MUNICIPAL CODE. WHEREAS, the City Council of the City of Rancho Palos Verdes 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 City Council wishes to update the City’s coordinated processes for managing community events to ensure the public health, safety, and welfare of event patrons, residents and other visitors, and to provide for fees 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, and incorporated herein. SECTION 2. Chapter 12.20 (Special Event Permits) of Title 12 (Streets, Sidewalks and Public Places) is repealed and replaced with the following: 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 Exemptions and waivers. 12.20.060 Special Event Permit application. 12.20.070 Processing of Special Event Permit applications. 12.20.080 Free Speech Special Event Permit application. 12.20.090 Special Event Task Force. 12.20.100 Special Event Permit fees and charges. 12.20.110 Revocation. 12.20.120 Enforcement. 12.20.130 Appeal. 12.20.140 Hold Harmless. 12.20.150 Insurance Requirements for Special Events. A-1 01203.0001/563810.1 Ordinance No. Page 2 of 19 12.20.010 Title. This chapter shall be known as the Special Event Permits Ordinance. 12.20.020 Purpose. A. 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. B. It is further the purpose of this chapter to provide for expedited procedures for Free Speech Special Events, while also providing for the protection and preservation of public spaces and public resources. 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. “Applicant” means the event sponsor or the sponsor’s authorized agent who completes the permit application and acts as primary contact for a Special Event. “City-partnered event” means an event organized and run by a non-profit organization in conjunction with the City, where the City provides sponsorship or partnership and retains control over how the event(s) is run and/or publicized. Examples include nature hikes in the Palos Verdes Nature Preserve led by Palos Verdes Peninsula Land Conservancy docents. “City Manager” means the City Manager of the City of Rancho Palos Ve rdes, and shall include his/her designee. “Covered Event” includes, but is not limited to, any of the following one-time or recurring or annual events: a commercial event (e.g., a fair, carnival, farmers market), a spectator sport (e.g., beach volleyball, hockey, basketball, surfing competition), an athletic event (e.g., races, runs), a community event (e.g., beach/park clean up, sandcastle building, a hike or nature walk); parades; and Mixed Free Speech Events. City-partnered events of any nature shall not be included in this definition. “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. Any A-2 01203.0001/563810.1 Ordinance No. Page 3 of 19 persons in attendance at an event for the purpose of protesting the event shall not be considered event participants. “Fair/carnival” means a traveling enterprise offering amusements, or a gathering of buyers and sellers, held at a temporary location for one or more days. “Free speech” means speech and expressive conduct protected by the First Amendment of the United States Constitution or by Article 1, Section 2 of the California Constitution. “Free Speech Special Event” or “Mixed Free Speech Special Event” means an event at which the expression of free speech rights is the principal purpose of the event , or where free speech is entwined with commercial purposes . Examples of Free Speech Special Events include a parade, protest, speech, or rally; individual street performers. A Mixed Free Speech Special Event is one that has a commercial component, or that is open to the public for entertainment or cultural purposes; mixed free speech events are not dependent on current events and require time and logistical support to organize; examples include a circus, outdoor theater, art fair, or other organized art or entertainment. “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 (CalWORKs) 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. “Mission-aligned event” means an event (one -time, recurring, or annual) that takes place in the Palos Verdes Nature Preserve and/or within the City trails system, and that is organized and run by a nonprofit entity whose mission is aligned with the City’s goals of habitat and sensitive species preservation and protection of the City’s open spaces. Examples include nature hikes by the Sierra Club and the Boy Scouts of America. “Parade” means a public procession, typically celebrating a special day or event and including marching bands and floats, in the public right-of-way. “Race/run” means an organized competitive event upon a public street, sidewalk, walkway, or other publicly owned property including City parks , in which persons participate by walking, running, riding a bicycle or horse, or operating a wheelchair. “Recurring event” means an event that will occur repeatedly within a one -year period. A-3 01203.0001/563810.1 Ordinance No. Page 4 of 19 “Special Event” shall mean any event that requires a Special Event Permit, as provided for in Section 12.20.40. Small Special Events shall be events with an anticipated attendance of 150 or fewer people. Large Special Events shall be events wi th an anticipated attendance of more than 150 people. “Sponsor” means the person or group responsible for or organizing the special event. “Spontaneous event” means a Free Speech Event occasioned by news or events coming into public knowledge 4 business days or fewer prior to such event. “Task Force” means the Special Events Task Force as constituted by this code. “Transportation management/parking plan” means a plan developed by the special event 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 if the proposed event meets any of the following criteria (also see Table 12.20.040-1): A. A Covered Event with an anticipated participation requiring a permit for the location of the event provided for in Table 12.20.040-1, below. B. Any event, including a Free Speech Special Event, which may impede, obstruct, impair or interfere with the free use of any public street, highway, alley, sidewalk, or other public way, or with an anticipated participation requiring a permit for the location of the event provided for in Table 12.20.040-1, below. C. Any event, including a Free Speech Special Event, which involves any activity or event on public property that requires the placement of a tent, canopy, or other temporary structure if that placement requires a permit from the City’s Fire Department or Building and Safety Division. D. Any event, including a Free Speech Special Event, which will use amplified sound. E. All events, whether requiring a Permit or not, must comply with the attendance limitations at the particular location, in accordance with Table 12.20.040 -1. F. Special Event Permits shall be subject to the permitting provisions of Section 12.20.060 and 12.20.070. Free Speech Special Events shall be subject to the alternative permitting provisions of Section 12.20.080. A-4 01203.0001/563810.1 Ordinance No. Page 5 of 19 Table 12.20.040-1 Location Special Event (12.20.040; 12.20.060; 12.20.070) Free Speech Special Event (12.20.040; 12.20.080) Maximum Attendance (all events) Public right-of- way Permit required when -- 100 people; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections Permit required when -- 500 people; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections N/A Civic Center (Upper Point Vicente Park/ City Hall) Permit required when -- 30 people; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections Permit required when -- 300 people; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections 1000 for Free Speech Events 500 for all other Special Events Hesse Park Permit required when -- 30 people; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections Permit required when -- 300 people; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections 500 Lower Point Vicente Park (Vicente Park Interpretive Center) Permit required when -- 30 people; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections Permit required when -- 300 people; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections 1000 for Free Speech Events 500 for all other Special Events Robert Ryan Park Permit required when -- 20 people; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections Permit required when -- 50 people; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections 200 Ladera Linda Park Permit required when -- 20 people; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or Permit required when -- 50 people; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or 200 A-5 01203.0001/563810.1 Ordinance No. Page 6 of 19 Location Special Event (12.20.040; 12.20.060; 12.20.070) Free Speech Special Event (12.20.040; 12.20.080) Maximum Attendance (all events) -- structures that require health & safety inspections -- structures that require health & safety inspections Eastview Park Permit required when -- 20 people; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections Permit required when -- 50 people; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections 200 Palos Verdes Nature Preserve No permit required. Maximum event/group attendance: 20 people. No events allowed if: -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections Permit required when event attendance 20 or more people No events allowed if: -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections 40 for Free Speech Events 20 for all other events/groups Del Cerro Park No permit required. Maximum event/group attendance: 20 people. No events allowed if: -- attendance over 20; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections Permit required when event attendance 50 people or more No events allowed if : -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections 200 for Free Speech Events only 20 for all other events/groups Frank S. Vanderlip Park No permit required. Maximum event/group attendance: 20 people. No events allowed if: -- attendance over 20; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections Permit required when event attendance 50 people or more No events allowed if: -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections 200 for Free Speech Events only 20 for all other events/groups. Abalone Cove No permit required. Maximum event/group attendance: 20 people. No events allowed if: Permit required when event attendance 50 people or more No events allowed if: 200 for Free Speech Events only 20 for all other A-6 01203.0001/563810.1 Ordinance No. Page 7 of 19 Location Special Event (12.20.040; 12.20.060; 12.20.070) Free Speech Special Event (12.20.040; 12.20.080) Maximum Attendance (all events) -- attendance over 20; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections events/groups Marilyn Ryan Sunset Park No permit required. Maximum event/group attendance: 20 people. No events allowed if: -- attendance over 20; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections Permit required when event attendance 50 people or more No events allowed if: -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections 200 for Free Speech Events only 20 for all other events/groups Founders Park No permit required. Maximum event/group attendance: 20 people. No events allowed if: -- attendance over 20; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections Permit required when event attendance 50 people or more No events allowed if: -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections 200 for Free Speech Events only 20 for all other events/groups Grandview Park No permit required. Maximum event/group attendance: 20 people. No events allowed if: -- attendance over 20; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections Permit required when event attendance 50 people or more No events allowed if: -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections 200 for Free Speech Events only 20 for all other events/groups Pelican Cove Park No permit required. Maximum event/group attendance: 20 people. No events allowed if: -- attendance over 20; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections Permit required when event attendance 50 people or more No events allowed if: -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections 200 for Free Speech Events only 20 for all other events/groups A-7 01203.0001/563810.1 Ordinance No. Page 8 of 19 12.20.050 Exemptions and waivers. A. Special Events with an anticipated participation below the thresholds indicated in Table 12.20.040-1 shall not require a Special Event Permit. B. City-partnered events do not require Special Event Permits. C. Permits for mission-aligned events, as well as for nonprofit and educational events, may be subject to reduced or waived fees, as determined by City Council resolution. 12.20.060 Special Event Permit application. A. Special Event Permit Application Required. An application must be submitted to the City by the Special Event Sponsor along with an application fee and an administrative review fee (if applicable) in the amounts establis hed by City Council resolution. An Indigent Person who is unable 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 the permit application and shall be accompanied by such relevant information and documentation as may, in the opinion of the Task Force Chairperson, 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 contain all of the following information: 1. The name, address, email address, and daytime telephone number of each of the following: a. The Applicant and the Sponsor, if different from the Applicant (also include evening telephone number), b. An alternate person to contact if an emergency arises and the Applicant is unavailable (also include evening telephone number), c. If applicable: the president, chair or other head of the sponsor organization; nonprofit documentation (also include written documentation of the authority under which the Applicant is applying on behalf of the organization), and d. 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. A-8 01203.0001/563810.1 Ordinance No. Page 9 of 19 2. The requested event date, including the dates and times for set-up and clean-up, and the starting and finishing time of the event. Also include two alternative dates. 3. The estimated number of participants. 4. 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. 5. A site map showing emergency exit routes. 6. Any City equipment or personnel requested. 7. A description of the planned event. 8. A description of how the event will be promoted and any prior history of promotions for similar events, including references. 9. The proposed distribution or sale of any food or beverage, including alcoholic beverages. If alcoholic beverages are included, provide all applicable licenses and registrations allowing the sale of alcoholic beverages at the event. 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 used. 12. The location of electrical generators, stages, tents, canopies, cooking apparatus and lights. 13. The location of mechanical rides, jump houses, or other amusement attractions. 14. The location of any water, first aid, or comfort station(s) to be provided. 15. 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. A-9 01203.0001/563810.1 Ordinance No. Page 10 of 19 16. For a commercial or Mixed Free Speech event, a layout showing the locations of booths, stages, audience, tables and chairs, food court, portable bathrooms, emergency exits. 17. A preliminary security plan and any monitors to be employed during the event. 18. Any other information which the Task Force reasonably requires to evaluate the particular Special Event Permit application. In addition, the Task Force can waive application requirements that the Task Force determines are inapplicable. 19. A parking and transportation plan as deemed necessary by the Task Force, based on the anticipated number of participants and the availability of parking at the proposed location. 20. For Recurring Events, the Applicant shall also include the following information: i. The frequency of the proposed recurring event, including if available a schedule with proposed dates and times. Proposed schedules may be submitted as soon as available, but no later than 15 days prior to the start of the events. ii. The minimum and maximum number of participants for each event. 12.20.070 Processing of Special Event Permit applications. Special Event Permits will be processed based on the following: A. Submission timelines. 1. Special Events. An application for a Special Event Permit shall be filed at least 30 days prior to the date of a proposed Small Special Event, and at least 90 days prior to the date of a proposed Large Special Event. 2. Hikes and nature walks. Notwithstanding anything to the contrary in Subsection A, above, Special Event Permit applications for hikes and nature walks in the Preserve or any of the City’s trails may be submitted 15 days prior to the proposed event. 3. Recurring Special Event Permits. Notwithstanding anything to the contrary in Subsection A, above, a Special Event Permit application for recurring events must be submitted no later than 90 days prior to the start of the Recurring Special Events. These permits shall only authorize the same A-10 01203.0001/563810.1 Ordinance No. Page 11 of 19 type of recurring event during the year, and is not intended to be a blanket event permit for the Applicant or Sponsor. 4. Requested dates and times at specific locations shall be reserved on a first come first served basis. If the date or time requested is not available, the Chairperson shall inform the applicant within 5 business days and shall suggest alternative dates and times. Applications for events occurring more than 12 months from the date of the application shall not be accepted. B. 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. C. The Task Force shall make a decision on the application, set any conditions and fees, and issue the permit. For Large Special Events, a decision on the Special Event Permit shall be made by the Task Force no later than 10 calendar days following the submission of a completed application.. For Small Special Events, a decision on the Special Event Permit shall be made by the Task Force no later than 30 days following submission of a completed application. D. In deciding whether to approve, or approve with conditions, the Task Force shall make each of the following findings: 1. The Special Event, as proposed, does not pose a threat to health and safety. 2. The use of sheriff and/or fire resources to support the event will not deny reasonable sheriff and fire protection to the City. 3. The Special Event will not adversely interfere with previously City-approved and/or scheduled construction, maintenance or other activities. 4. The Special Event will not adversely impact the health or safety of surrounding properties; or the impacts can be significantly mitigated by way of reasonable permit conditions. Adverse impacts include, but are not limited to, noise, traffic, parking, trash, and damage to public property, infrastructure, or facilities. 5. There will be negligible adverse impact on the condition of parks and open space areas; proposed mitigation by the event Sponsor will be considered. 6. The Special Event shall not adversely impede the public’s reasonable use of City streets, sidewalks, walkways, trails, and City parks. A-11 01203.0001/563810.1 Ordinance No. Page 12 of 19 7. The Special Event is in compliance with the attendance and other event limitations as indicated in Table 12.20.040-1. E. Conditions. 1. The Task Force may include in a Special Event Permit 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 the Special Event Permit fee, reimbursement of direct expenses incurred by the City, and a clean-up/damage deposit. 2. Additional permits or security fees may be required by other state or federal agencies or federal, state, or local laws. 3. 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, the Palos Verdes Nature Preserve, and the City’s trails; and limitations on the duration of the event. 4. 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, a parade route, or a run/race route describing the event and inviting the 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 10 calendar days before the date of a Small Event, and at least 20 calendar days before the date of a Large Event. 5. Conditions relating to the use of amplified sound to minimize the interference with the quiet enjoyment of neighboring properties. 6. Conditions relating to maintaining the public property in the same or better condition after the Special Event. Conditions may address collection of trash, access to rest facilities, prohibiting access to protected habitat, etc. 7. The Task Force may require a Special Event Permit Sponsor to reimburse the City for the cost of repairs or habitat remediation needed because of the Special Event. F. Recurring Events. The Special Events Task Force may require a trial period before approving all planned events. In no case shall recurring events be authorized for more than one year at the time of application. A-12 01203.0001/563810.1 Ordinance No. Page 13 of 19 G. An application for a Special Event Permit can be denied on any of the following grounds: 1. Applicant’s provision of false or misleading information; 2. Conflict with other planned events in the area; 3. Previous Special Event Permit violations by the Applicant or sponsor; 4. Inability to make all the findings for approval set forth above; 5. Exceeding special event attendance limits for a particular location; or 6. The location or park site requested is not eligible for special events. H. CEQA Review. The Task Force will designate a staff person knowledgeable in the California Environmental Quality Act to perform an environmental review of the proposed special event. 12.20.080 Free Speech Special Event Permit application. A. The following application procedures apply to a Free Speech Special Event only. Parades and Mixed Free Speech Events shall be subject to the Special Event Permit provisions of Section 12.20.040 through 12.20.070. B. A Free Speech Special Event requires a Free Speech Special Event Permit when: 1. The proposed event may impede, obstruct, impair or interfere with the free use of any public street, highway, alley, sidewalk, or other public right-of- way, or with ingress or egress to the same; or 2. The proposed event may exceed the maximum attendance without permit for the location of the event provided for in Table 12.20.040-1. 3. Notwithstanding anything to the contrary in this chapter, a Free Speech Special Event Permit is not required for Spontaneous Events. The Sponsor of a spontaneous event shall provide the Task Force with advance notification to the extent practicable, as well as the following information: the type of event; the date, time, and duration of the proposed event; the location of the event and/or route, including which public spaces or public right-of-ways may be obstructed or closed; and anticipated participation. Spontaneous Events at particular locations may not be held that exceed the maximum occupancy for that location, as provided for in Table 12.20.040-1. C. A Free Speech Special Event application shall include the following information: A-13 01203.0001/563810.1 Ordinance No. Page 14 of 19 1. A description of the proposed event; 2. The street or other public property and the specific area or areas thereof to be utilized in connection with the proposed event; 3. The manner in which the public property will be utilized; 4. The date or dates and the specific times of the proposed event, including set-up and tear-down; 5. The name, address and telephone number of the sponsor of the proposed event; 6. The name, address and telephone number of the person or persons to be contacted regarding the application or the permit. 7. Anticipated participation, including any animals that may be in attendance. D. Timing of application. The Applicant shall file a complete application for a Free Speech Special Event Permit with the Task Force Chairperson as soon as possible, but no later than 5 business days before the proposed event. The Task Force shall review the Free Speech Special Event Permit application to establish reasonable conditions to address health and safety only, notification of the decision, and appeal from the decision. E. Task Force’s Decision. The Task Force shall render a decision in accordance with the findings set forth herein within two business days following the filing of the completed application. 1. The event, as proposed, will not pose a threat to health and safety; 2. The use of sheriff and/or fire resources to support the event will not deny reasonable sheriff and fire protection to the City; 3. The event will not interfere with previously City-approved and/or scheduled construction or maintenance, or with a previously permitted special event; 4. No consideration was 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 the speech or message conveyed by the event. 5. The event is in compliance with the attendance and other limitations as provided in Table 12.20.040-1. A-14 01203.0001/563810.1 Ordinance No. Page 15 of 19 6. There will be minimal or no adverse impact on the condition of parks and open space areas, proposed measures to mitigate any adverse impacts shall be taken into consideration. F. Notification of Decision. 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. Any conditions shall be directed G.. Applicant’s Acceptance. The Applicant shall notify the Chairperson in writing of their acceptance forthwith after written notice of the decision. Once the Applicant submits a written acceptance of the Task Force’s decision, the Free Speech Special Event Permit shall be approved and the Chairperson shall notify the City Council and the City Manager that the permit has been issued. H. Free Speech Special Events will not be required to comply with any of the following as a condition of receiving a permit: 1. Any fee or charge required by the City. 2. Any insurance or proof of insurance covering the Free Speech Event, its organizers, or participants, including the requirements of Section 12.20.150. 3. Any requirement of indemnification or agreement to hold harmless, including the requirements of Section 12.20.140. I. Appeal. Any decision relating to the issuance of a Free Speech Special Events Permit may be appealed to the City Manager. The appeal must be in writing and must be submitted to the City Manager’s Office within two business days of the Task Force’s decision. The City Manager shall decide the appeal within one business day. The City Manager’s decision shall be final. J. Judicial Review. Decisions regarding a Free Speech Special Event Permit are eligible for expedited judicial review pursuant to Section 1094.8 of the Code of Civil Procedure. 12.20.090 Special Event Task Force. A. A Special Event Task Force is hereby created to carry out the provisions of this code relating to permits for Special Events, Free Speech Special Events, and Mixed Free Speech Special Events (collectively, Special Events), 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 A-15 01203.0001/563810.1 Ordinance No. Page 16 of 19 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 or the Deputy City Manager, as 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. B. The Special Event Task Force shall have the power to: 1. Interpret and administer this code; 2. Represent the City, in accordance with procedures adopted by the City Manager, in discussions and in maintaining agreements with Applicant or Sponsor; 3. Coordinate with City departments and with other government agencies for the provision of governmental services for such Special Events; 4. Establish terms and conditions, appropriate security fees and deposits, and the time(s), place and manner of the Special Event; 5. Approve or deny Special Event Permits; 6. Adopt policies for administering this code as necessary. 12.20.100 Special Event Permit fees and charges. A. Special Event Permit fees and charges are established by resolution of the City Council. The application fee must be submitted with 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 all fees and charges within 30 calendar days of invoice otherwise late fees shall apply. B. In addition to the payment of any applicable non-refundable 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. 12.20.110 Revocation. A Special Event Permit can be revoked by the Task Force 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; A-16 01203.0001/563810.1 Ordinance No. Page 17 of 19 C. Failing to pay required fees, charges, or deposits; D. Failing to agree to the indemnification provisions or failing to provide proof of insurance to the extent required; or E. The event materially changes after a permit has been approved. 12.20.120 Enforcement. A. Violations of this chapter shall be charged to the Applicant and/or Sponsor of the event pursuant to Chapters 1.08 and 1.16 of this Code, as well as any other remedies available to the City at law or equity. B. In addition to the penalties provided for in Chapters 1.08 and 1.16 of this Code, Sponsors, Applicants, or Participants of an event may be cited and/or ejected from the public property for violations of this Chapter after notice and an opportunity to cure the violation. 12.20.130 Appeal. A. A decision regarding a Special Event Permit application may be appealed in writing to the City Manager within 10 calendar days of the Task Force’s decision for Large Special Events and within 5 calendar days of the Task Force’s decision for Small Special Events. B. The City Manager shall make a decision on the appeal within 10 calendar days of receipt of the appeal for Large Special Events and within 5 calendar days of receipt of the appeal for Small Special Events. C. The decision of the City Manager shall be final, and is subject to judicial review pursuant to Section 1094.5 and 1094.6 of the Code of Civil Procedure . 12.20.140 Hold harmless. As a condition to the issuance of any permit under this chapter, the Applicant/Sponsor 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. 12.20.150 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 ins ured. 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 A-17 01203.0001/563810.1 Ordinance No. Page 18 of 19 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. 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 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 ________________ 2019. Jerry V. Duhovic, Mayor ATTEST: Emily Colborn, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF RANCHO PALOS VERDES ) A-18 01203.0001/563810.1 Ordinance No. Page 19 of 19 I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. , was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on and that the same was passed and adopted by the following roll call vote: AYES: NOES: None ABSENT: None ABSTAIN: None ______________________________ City Clerk A-19 ORDINANCE NO. 581 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. B-1 Ordinance No. 581 Page 2 of 11 01203.0001/289671.3 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. 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 righ ts 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 (CalWORKs) 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. B-2 Ordinance No. 581 Page 3 of 11 01203.0001/289671.3 “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. “Race/run” Means an organized event upon a public street, sidewalk, walkways, or other publicly owned property including City parks (races/runs shall be pro hibited 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. “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; B-3 Ordinance No. 581 Page 4 of 11 01203.0001/289671.3 (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 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; B-4 Ordinance No. 581 Page 5 of 11 01203.0001/289671.3 (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; (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 used; (12) The location of electrical generators, stages, tents, canopies, cooking apparatus and lights; (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 B-5 Ordinance No. 581 Page 6 of 11 01203.0001/289671.3 (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. (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. B-6 Ordinance No. 581 Page 7 of 11 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 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 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-7 Ordinance No. 581 Page 8 of 11 01203.0001/289671.3 (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 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. B-8 Ordinance No. 581 Page 9 of 11 01203.0001/289671.3 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: (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 B-9 Ordinance No. 581 Page 10 of 11 01203.0001/289671.3 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 cou rt 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 6th day of June 2016. /s/ Ken Dyda Mayor ATTEST: /s/ Carla Morreale City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss CITY OF RANCHO PALOS VERDES ) I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 581 passed first reading on May 17, 2016, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on June 6, 2016, and that the same was passed and adopted by the following roll call vote: AYES: Brooks, Campbell, Duhovic, Misetich, and Mayor Dyda B-10 Ordinance No. 581 Page 11 of 11 01203.0001/289671.3 NOES: None ABSENT: None ABSTAIN: None ______________________________ City Clerk B-11 01203.0001/563810.1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, REPEALING AND REPLACING CHAPTER 12.20 (SPECIAL EVENT PERMITS) OF TITLE 12 (STREETS, SIDEWALKS AND PUBLIC PLACES) OF THE RANCHO PALOS VERDES MUNICIPAL CODE. WHEREAS, the City Council of the City of Rancho Palos Verdes 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 City Council wishes to update the City’s coordinated processes for managing community events to ensure the public health, safety, and welfare of event patrons, residents and other visitors, and to provide for fees 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, and incorporated herein. SECTION 2. Chapter 12.20 (Special Event Permits) of Title 12 (Streets, Sidewalks and Public Places) is repealed and replaced with the following: 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 Exemptions and waivers. 12.20.060 Special Event Permit application. 12.20.070 Processing of Special Event Permit applications. 12.20.080 Free Speech Special Event Permit application. 12.20.090 Special Event Task Force. 12.20.100 Special Event Permit fees and charges. 12.20.110 Revocation. 12.20.120 Enforcement. 12.20.130 Appeal. 12.20.140 Hold Harmless. 12.20.150 Insurance Requirements for Special Events. C-1 01203.0001/563810.1 Ordinance No. Page 2 of 19 12.20.010 Title. This chapter shall be known as the Special Event Permits Ordinance. 12.20.020 Purpose. A. 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. B. It is further the purpose of this chapter to provide for expedited procedures for Free Speech Special Events, while also providing for the protection and preservation of public spaces and public resources. 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. “Applicant” means the event sponsor or the sponsor’s authorized agent who completes the permit application and acts as primary contact for a Special Event. “City-partnered event” means an event organized and run by a non-profit organization in conjunction with the City, where the City provides sponsorship or partnership and retains control over how the event(s) is run and/or publicized. Examples include nature hikes in the Palos Verdes Nature Preserve led by Palos Verdes Peninsula Land Conservancy docents. “City Manager” means the City Manager of the City of Rancho Palos Verdes, and shall include his/her designee. “Covered Event” includes, but is not limited to, any of the following one-time or recurring or annual events: a commercial event (e.g., a fair, carnival, farmers market), a spectator sport (e.g., beach volleyball, hockey, basketball, surfing competition), an athletic event (e.g., races, runs), a community event (e.g., beach/park clean up, sandcastle building, a hike or nature walk); parades; and Mixed Free Speech Events. City-partnered events of any nature shall not be included in this definition. “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. Any C-2 01203.0001/563810.1 Ordinance No. Page 3 of 19 persons in attendance at an event for the purpose of protesting the event shall not be considered event participants. “Fair/carnival” means a traveling enterprise offering amusements, or a gathering of buyers and sellers, held at a temporary location for one or more days. “Free speech” means speech and expressive conduct protected by the First Amendment of the United States Constitution or by Article 1, Section 2 of the California Constitution. “Free Speech Special Event” or “Mixed Free Speech Special Event” means an event at which the expression of free speech rights is the principal purpose of the event , or where free speech is entwined with commercial purposes . Examples of Free Speech Special Events include a parade, protest, speech, or rally; individual street performers. A Mixed Free Speech Special Event is one that has a commercial component, or that is open to the public for entertainment or cultural purposes; mixed free speech events are not dependent on current events and require time and logistical support to organize; examples include a circus, outdoor theater, art fair, or other organized art or entertainment. “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 (CalWORKs) 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 Instituti ons 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. “Mission-aligned event” means an event (one-time, recurring, or annual) that takes place in the Palos Verdes Nature Preserve and/or within the City trails system, and that is organized and run by a nonprofit entity whose mission is aligned with the City’s goals of habitat and sensitive species preservation and protection of the City’s open spaces. Examples include nature hikes by the Sierra Club and the Boy Scouts of America. “Parade” means a public procession, typically celebrating a special day or event and including marching bands and floats, in the public right-of-way. “Race/run” means an organized competitive event upon a public street, sidewalk, walkway, or other publicly owned property including City parks, in which persons participate by walking, running, riding a bicycle or horse, or operating a wheelchair. “Recurring event” means an event that will occur repeatedly within a one -year period. C-3 01203.0001/563810.1 Ordinance No. Page 4 of 19 “Special Event” shall mean any event that requires a Special Event Permit, as provided for in Section 12.20.40. Small Special Events shall be events with an anticipated attendance of 150 or fewer people. Large Special Events shall be events with an anticipated attendance of more than 150 people. “Sponsor” means the person or group responsible for or organizing the special event. “Spontaneous event” means a Free Speech Event occasioned by news or events coming into public knowledge 4 business days or fewer prior to such event. “Task Force” means the Special Events Task Force as constituted by this code. “Transportation management/parking plan” means a plan developed by the special event 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 if the proposed event meets any of the following criteria (also see Table 12.20.040-1): A. A Covered Event with an anticipated participation requiring a permit for the location of the event provided for in Table 12.20.040-1, below. B. Any event, including a Free Speech Special Event, which may impede, obstruct, impair or interfere with the free use of any public street, highway, alley, sidewalk, or other public way, or with an anticipated participation requiring a permit for the location of the event provided for in Table 12.20.040-1, below. C. Any event, including a Free Speech Special Event, which involves any activity or event on public property that requires the placement of a tent, canopy, or other temporary structure if that placement requires a permit from the City’s Fire Department or Building and Safety Division. D. Any event, including a Free Speech Special Event, which will use amplified sound. E. All events, whether requiring a Permit or not, must comply with the attendance limitations at the particular location, in accordance with Table 12.20.040 -1. F. Special Event Permits shall be subject to the permitting provisions of Section 12.20.060 and 12.20.070. Free Speech Special Events shall be subject to the alternative permitting provisions of Section 12.20.080. C-4 01203.0001/563810.1 Ordinance No. Page 5 of 19 Table 12.20.040-1 Location Special Event (12.20.040; 12.20.060; 12.20.070) Free Speech Special Event (12.20.040; 12.20.080) Maximum Attendance (all events) Public right-of- way Permit required when -- 100 people; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections Permit required when -- 500 people; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections N/A Civic Center (Upper Point Vicente Park/ City Hall) Permit required when -- 30 people; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections Permit required when -- 300 people; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections 1000 for Free Speech Events 500 for all other Special Events Hesse Park Permit required when -- 30 people; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections Permit required when -- 300 people; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections 500 Lower Point Vicente Park (Vicente Park Interpretive Center) Permit required when -- 30 people; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections Permit required when -- 300 people; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections 1000 for Free Speech Events 500 for all other Special Events Robert Ryan Park Permit required when -- 20 people; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections Permit required when -- 50 people; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections 200 Ladera Linda Park Permit required when -- 20 people; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or Permit required when -- 50 people; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or 200 C-5 01203.0001/563810.1 Ordinance No. Page 6 of 19 Location Special Event (12.20.040; 12.20.060; 12.20.070) Free Speech Special Event (12.20.040; 12.20.080) Maximum Attendance (all events) -- structures that require health & safety inspections -- structures that require health & safety inspections Eastview Park Permit required when -- 20 people; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections Permit required when -- 50 people; or -- am plified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections 200 Palos Verdes Nature Preserve No permit required. Maximum event/group attendance: 20 people. No events allowed if: -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections Permit required when event attendance 20 or more people No events allowed if: -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections 40 for Free Speech Events 20 for all other events/groups Del Cerro Park No permit required. Maximum event/group attendance: 20 people. No events allowed if: -- attendance over 20; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections Permit required when event attendance 50 people or more No events allowed if : -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections 200 for Free Speech Events only 20 for all other events/groups Frank S. Vanderlip Park No permit required. Maximum event/group attendance: 20 people. No events allowed if: -- attendance over 20; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections Permit required when event attendance 50 people or more No events allowed if: -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections 200 for Free Speech Events only 20 for all other events/groups. Abalone Cove No permit required. Maximum event/group attendance: 20 people. No events allowed if: Permit required when event attendance 50 people or more No events allowed if: 200 for Free Speech Events only C-6 01203.0001/563810.1 Ordinance No. Page 7 of 19 Location Special Event (12.20.040; 12.20.060; 12.20.070) Free Speech Special Event (12.20.040; 12.20.080) Maximum Attendance (all events) -- attendance over 20; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections 20 for all other events/groups Marilyn Ryan Sunset Park No permit required. Maximum event/group attendance: 20 people. No events allowed if: -- attendance over 20; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections Permit required when event attendance 50 people or more No events allowed if: -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections 200 for Free Speech Events only 20 for all other events/groups Founders Park No permit required. Maximum event/group attendance: 20 people. No events allowed if: -- attendance over 20; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections Permit required when event attendance 50 people or more No events allowed if: -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections 200 for Free Speech Events only 20 for all other events/groups Grandview Park No permit required. Maximum event/group attendance: 20 people. No events allowed if: -- attendance over 20; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections Permit required when event attendance 50 people or more No events allowed if: -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections 200 for Free Speech Events only 20 for all other events/groups Pelican Cove Park No permit required. Maximum event/group attendance: 20 people. No events allowed if: -- attendance over 20; or -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections Permit required when event attendance 50 people or more No events allowed if: -- amplified sound; or -- may interfere with traffic, ingress/egress; or -- structures that require health & safety inspections 200 for Free Speech Events only 20 for all other events/groups C-7 01203.0001/563810.1 Ordinance No. Page 8 of 19 12.20.050 Exemptions and waivers. A. Special Events with an anticipated participation below the thresholds indicated in Table 12.20.040-1 shall not require a Special Event Permit. B. City-partnered events do not require Special Event Permits. C. Permits for mission-aligned events, as well as for nonprofit and educational events, may be subject to reduced or waived fees , as determined by City Council resolution. 12.20.060 Special Event Permit application. A. Special Event Permit Application Required. An application must be submitted to the City by the Special Event Sponsor along with an application fee and an administrative review fee (if applicable) in the amounts established by City Council resolution. An Indigent Person who is unable 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 the permit application and shall be accompanied by such relevant information and documentation as may, in the opinion of the Task Force Chairperson, 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 contain all of the following information: 1. The name, address, email address, and daytime telephone number of each of the following: a. The Applicant and the Sponsor, if different from the Applicant (also include evening telephone number), b. An alternate person to contact if an emergency arises and the Applicant is unavailable (also include evening telephone number), c. If applicable: the president, chair or other head of the sponsor organization; nonprofit documentation (also include written documentation of the authority under which the Applicant is applying on behalf of the organization), and d. 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. C-8 01203.0001/563810.1 Ordinance No. Page 9 of 19 2. The requested event date, including the dates and times for set-up and clean-up, and the starting and finishing time of the event. Also include two alternative dates. 3. The estimated number of participants. 4. 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. 5. A site map showing emergency exit routes. 6. Any City equipment or personnel requested. 7. A description of the planned event. 8. A description of how the event will be promoted and any prior history of promotions for similar events, including references. 9. The proposed distribution or sale of any food or beverage, including alcoholic beverages. If alcoholic beverages are included, provide all applicable licenses and registrations allowing the sale of alcoholic beverages at the event. 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 used. 12. The location of electrical generators, stages, tents, canopies, cooking apparatus and lights. 13. The location of mechanical rides, jump houses, or other amusement attractions. 14. The location of any water, first aid, or comfort station(s) to be provided. 15. 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. C-9 01203.0001/563810.1 Ordinance No. Page 10 of 19 16. For a commercial or Mixed Free Speech event, a layout showing the locations of booths, stages, audience, tables and chairs, food court, portable bathrooms, emergency exits. 17. A preliminary security plan and any monitors to be employed during the event. 18. Any other information which the Task Force reasonably requires to evaluate the particular Special Event Permit application. In addition, the Task Force can waive application requirements that the Task Force determines are inapplicable. 19. A parking and transportation plan as deemed necessary by the Task Force, based on the anticipated number of participants and the availability of parking at the proposed location. 20. For Recurring Events, the Applicant shall also include the following information: i. The frequency of the proposed recurring event, including if available a schedule with proposed dates and times. Proposed schedules may be submitted as soon as available, but no later than 15 days prior to the start of the events. ii. The minimum and maximum number of participants for each event. 12.20.070 Processing of Special Event Permit applications. Special Event Permits will be processed based on the following: A. Submission timelines. 1. Special Events. An application for a Special Event Permit shall be filed at least 30 days prior to the date of a proposed Small Special Event, and at least 90 days prior to the date of a proposed Large Special Event. 2. Hikes and nature walks. Notwithstanding anything to the contrary in Subsection A, above, Special Event Permit applications for hikes and nature walks in the Preserve or any of the City’s trails may be submitted 15 days prior to the proposed event. 3. Recurring Special Event Permits. Notwithstanding anything to the contrary in Subsection A, above, a Special Event Permit application for recurring events must be submitted no later than 90 days prior to the start of the Recurring Special Events. These permits shall only authorize the same C-10 01203.0001/563810.1 Ordinance No. Page 11 of 19 type of recurring event during the year, and is not intended to be a blanket event permit for the Applicant or Sponsor. 4. Requested dates and times at specific locations shall be reserved on a first come first served basis. If the date or time requested is not available, the Chairperson shall inform the applicant within 5 business days and shall suggest alternative dates and times. Applications for events occurring more than 12 months from the date of the application shall not be accepted. B. 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. C. The Task Force shall make a decision on the application, set any conditions and fees, and issue the permit. For Large Special Events, a decision on the Special Event Permit shall be made by the Task Force no later than 10 calendar days following the submission of a completed application.. For Small Special Events, a decision on the Special Event Permit shall be made by the Task Force no later than 30 days following submission of a completed application. D. In deciding whether to approve, or approve with conditions, the Task Force shall make each of the following findings: 1. The Special Event, as proposed, does not pose a threat to health and safety. 2. The use of sheriff and/or fire resources to support the event will not deny reasonable sheriff and fire protection to the City. 3. The Special Event will not adversely interfere with previously City-approved and/or scheduled construction, maintenance or other activities. 4. The Special Event will not adversely impact the health or safety of surrounding properties; or the impacts can be significantly mitigated by way of reasonable permit conditions. Adverse impacts include, but are not limited to, noise, traffic, parking, trash, and damage to public property, infrastructure, or facilities. 5. There will be negligible adverse impact on the condition of parks and open space areas; proposed mitigation by the event Sponsor will be considered. 6. The Special Event shall not adversely impede the public’s reasonable use of City streets, sidewalks, walkways, trails, and City parks. C-11 01203.0001/563810.1 Ordinance No. Page 12 of 19 7. The Special Event is in compliance with the attendance and other event limitations as indicated in Table 12.20.040-1. E. Conditions. 1. The Task Force may include in a Special Event Permit 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 the Special Event Permit fee, reimbursement of direct expenses incurred by the City, and a clean-up/damage deposit. 2. Additional permits or security fees may be required by other state or federal agencies or federal, state, or local laws. 3. 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, the Palos Verdes Nature Preserve, and the City’s trails; and limitations on the duration of the event. 4. 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, a parade route, or a run/race route describing the event and inviting the 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 10 calendar days before the date of a Small Event, and at least 20 calendar days before the date of a Large Event. 5. Conditions relating to the use of amplified sound to minimize the interference with the quiet enjoyment of neighboring properties. 6. Conditions relating to maintaining the public property in the same or better condition after the Special Event. Conditions may address collection of trash, access to rest facilities, prohibiting access to protected habitat, etc. 7. The Task Force may require a Special Event Permit Sponsor to reimburse the City for the cost of repairs or habitat remediation needed because of the Special Event. F. Recurring Events. The Special Events Task Force may require a trial period before approving all planned events. In no case shall recurring events be authorized for more than one year at the time of application. C-12 01203.0001/563810.1 Ordinance No. Page 13 of 19 G. An application for a Special Event Permit can be denied on any of the following grounds: 1. Applicant’s provision of false or misleading information; 2. Conflict with other planned events in the area; 3. Previous Special Event Permit violations by the Applicant or sponsor; 4. Inability to make all the findings for approval set forth above; 5. Exceeding special event attendance limits for a particular location; or 6. The location or park site requested is not eligible for special events. H. CEQA Review. The Task Force will designate a staff person knowledgeable in the California Environmental Quality Act to perform an environmental review of the proposed special event. 12.20.080 Free Speech Special Event Permit application. A. The following application procedures apply to a Free Speech Special Event only. Parades and Mixed Free Speech Events shall be subject to the Special Event Permit provisions of Section 12.20.040 through 12.20.070. B. A Free Speech Special Event requires a Free Speech Special Event Permit when: 1. The proposed event may impede, obstruct, impair or interfere with the free use of any public street, highway, alley, sidewalk, or other public right-of- way, or with ingress or egress to the same; or 2. The proposed event may exceed the maximum attendance without permit for the location of the event provided for in Table 12.20.040-1. 3. Notwithstanding anything to the contrary in this chapter, a Free Speech Special Event Permit is not required for Spontaneous Events. The Sponsor of a spontaneous event shall provide the Task Force with advance notification to the extent practicable, as well as the following information: the type of event; the date, time, and duration of the proposed event; the location of the event and/or route, including which public spaces or public right-of-ways may be obstructed or closed; and anticipated participation. Spontaneous Events at particular locations may not be held that exceed the maximum occupancy for that location, as provided for in Table 12.20.040-1. C. A Free Speech Special Event application shall include the following information: C-13 01203.0001/563810.1 Ordinance No. Page 14 of 19 1. A description of the proposed event; 2. The street or other public property and the specific area or areas thereof to be utilized in connection with the proposed event; 3. The manner in which the public property will be utilized; 4. The date or dates and the specific times of the proposed event, including set-up and tear-down; 5. The name, address and telephone number of the sponsor of the proposed event; 6. The name, address and telephone number of the person or persons to be contacted regarding the application or the permit. 7. Anticipated participation, including any animals that may be in attendance. D. Timing of application. The Applicant shall file a complete application for a Free Speech Special Event Permit with the Task Force Chairperson as soon as possible, but no later than 5 business days before the proposed event. The Task Force shall review the Free Speech Special Event Permit application to establish reasonable conditions to address health and safety only, notification of the decision, and appeal from the decision. E. Task Force’s Decision. The Task Force shall render a decision in accordance with the findings set forth herein within two business days following the filing of the completed application. 1. The event, as proposed, will not pose a threat to health and safety; 2. The use of sheriff and/or fire resources to support the event will not deny reasonable sheriff and fire protection to the City; 3. The event will not interfere with previously City-approved and/or scheduled construction or maintenance, or with a previously permitted special event; 4. No consideration was 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 the speech or message conveyed by the event. 5. The event is in compliance with the attendance and other limitations as provided in Table 12.20.040-1. C-14 01203.0001/563810.1 Ordinance No. Page 15 of 19 6. There will be minimal or no adverse impact on the condition of parks and open space areas, proposed measures to mitigate any adverse impacts shall be taken into consideration. F. Notification of Decision. 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. Any conditions shall be directed G.. Applicant’s Acceptance. The Applicant shall notify the Chairperson in writing of their acceptance forthwith after written notice of the decision. Once the Applicant submits a written acceptance of the Task Force’s decision, the Free Speech Special Event Permit shall be approved and the Chairperson shall notify the City Council and the City Manager that the permit has been issued. H. Free Speech Special Events will not be required to comply with any of the following as a condition of receiving a permit: 1. Any fee or charge required by the City. 2. Any insurance or proof of insurance covering the Free Speech Event, its organizers, or participants, including the requirements of Section 12.20.150. 3. Any requirement of indemnification or agreement to hold harmless, including the requirements of Section 12.20.140. I. Appeal. Any decision relating to the issuance of a Free Speech Special Events Permit may be appealed to the City Manager. The appeal must be in writing and must be submitted to the City Manager’s Office within two business days of the Task Force’s decision. The City Manager shall decide the appeal within one business day. The City Manager’s decision shall be final. J. Judicial Review. Decisions regarding a Free Speech Special Event Permit are eligible for expedited judicial review pursuant to Section 1094.8 of the Code of Civil Procedure. 12.20.090 Special Event Task Force. A. A Special Event Task Force is hereby created to carry out the provisions of this code relating to permits for Special Events, Free Speech Special Events, and Mixed Free Speech Special Events (collectively, Special Events), 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 C-15 01203.0001/563810.1 Ordinance No. Page 16 of 19 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 or the Deputy City Manager, as 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. B. The Special Event Task Force shall have the power to: 1. Interpret and administer this code; 2. Represent the City, in accordance with procedures adopted by the City Manager, in discussions and in maintaining agreements with Applicant or Sponsor; 3. Coordinate with City departments and with other government agencies for the provision of governmental services for such Special Events; 4. Establish terms and conditions, appropriate security fees and deposits, and the time(s), place and manner of the Special Event; 5. Approve or deny Special Event Permits; 6. Adopt policies for administering this code as necessary. 12.20.100 Special Event Permit fees and charges. A. Special Event Permit fees and charges are established by resolution of the City Council. The application fee must be submitted with 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 all fees and charges within 30 calendar days of invoice otherwise late fees shall apply. B. In addition to the payment of any applicable non-refundable 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. 12.20.110 Revocation. A Special Event Permit can be revoked by the Task Force 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-16 01203.0001/563810.1 Ordinance No. Page 17 of 19 C. Failing to pay required fees, charges, or deposits; D. Failing to agree to the indemnification provisions or failing to provide proof of insurance to the extent required; or E. The event materially changes after a permit has been approved. 12.20.120 Enforcement. A. Violations of this chapter shall be charged to the Applicant and/or Sponsor of the event pursuant to Chapters 1.08 and 1.16 of this Code, as well as any other remedies available to the City at law or equity. B. In addition to the penalties provided for in Chapters 1.08 and 1.16 of this Code, Sponsors, Applicants, or Participants of an event may be cited and/or ejected from the public property for violations of this Chapter after notice and an opportunity to cure the violation. 12.20.130 Appeal. A. A decision regarding a Special Event Permit application may be appealed in writing to the City Manager within 10 calendar days of the Task Force’s decision for Large Special Events and within 5 calendar days of the Task Force’s decision for Small Special Events. B. The City Manager shall make a decision on the appeal within 10 calendar days of receipt of the appeal for Large Special Events and within 5 calendar days of receipt of the appeal for Small Special Events. C. The decision of the City Manager shall be final, and is subject to judicial review pursuant to Section 1094.5 and 1094.6 of the Code of Civil Procedure . 12.20.140 Hold harmless. As a condition to the issuance of any permit under this chapter, the Applicant/Sponsor 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. 12.20.150 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 o f insurance are to be submitted to the City for approval 14 calendar days prior to the day C-17 01203.0001/563810.1 Ordinance No. Page 18 of 19 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. 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 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 ________________ 2019. Jerry V. Duhovic, Mayor ATTEST: Emily Colborn, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF RANCHO PALOS VERDES ) C-18 01203.0001/563810.1 Ordinance No. Page 19 of 19 I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. , was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on and that the same was passed and adopted by the following roll call vote: AYES: NOES: None ABSENT: None ABSTAIN: None ______________________________ City Clerk C-19