HomeMy WebLinkAbout1989-03-28; City Council; NS-56; CMC 8.17 (10.57 & 21.42.101(2) repeal/11.32.030(5) amends - Special events..."
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ORDINANCE NO. NS-56
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
CAR:LSBAD MUNICIPAL CODE BY THE AMENDMENT OF
BY REPEALING CHAPTER 10.57 AND SECTION
11.32 . 030 (5)
The City Council of the City of Carlsbad, Californ
OF C!ARLSBAD, CALIFORNIA AMENDING TITLE 8 OF THE
CHAPTER 8-17 PERTAINING TO SPECIAL EVENTS AND
21-42 101 (2 ) AND BY THE AMENDMENT OF SECTION
does ordain as follows:
SECTION I: That Title 10, Chapter 10.57 of the Car
Municipal Code entitled "Temporary Closure of City Street:
hereby repealed.
SEC!rION 2 : That Title 21, Chapter 21.42 of the Car
Municipal Code is amended by the deletion of Se
21.42.010(2) (13).
SECTION 3: That Title 11, Chapter 11.32 of the Car
Municipal Code is amended by the amendment of Section 11.32.0:
to read as fo:llows:
"To discharge or set off firecrackers, torpedoes, ro( or other fireworks except where a special event permit has
granted pursuant to Chapter 8.17." 1 SEC!PION 4: That Title 8, Chapter 8.17 of the Car.
Municipal Codie entitled "Parade Permits" is retitled to rlSpI
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~ Event Permit" and amended to read as follows:
"Chapter 8.17
SPECIAL EVENT PERMIT
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Sections
8.1'7.010
8.1'7.020
8.1'7.030
8.1'7.040
8.1'7.050
8.1'7.060
8.1'7.070
8.1'7.080
Special event defined. Permit required. Interference with special event. Special event committee established. Permit application for special event. Procedure for processing special event pt applications. Permit - notice of granting or refusal. Special event calendar
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8.1'7.090 Surety and insurance
8.1'7.100 Staff and equipment cost recovery.
8.1'7.110 Reconsideration of application.
8.1'7.120 Submission of alternate upon denial.
8.1'7.130 Consideration of late application.
8.1'7.140 Suspension or revocation of permit.
8.1'7.150 Authority
8.1'7.160 Penalty for violation.
8.1'7.170 Severability
8.1'7.010 Special event defined. I'Special event" any organized activity, including but not limited to amus attractions, athletic events, carnivals, circuses, concerts, p
dances, exhiblitions, exhibits, fairs, fireworks displays,
raising events, marathon runs, parades, rodeos, sidewalk s
surfing meets or contests, running events including 10K runs,
shows, triathlons, walkathons, or any other events
construction related) which results in or requires any modific
to traffic fl'ow patterns or traffic parking regulations or
the expected attendance exceeds 1,000 people. The locatio:
events where movement is involved includes its assembly area,
and dispersing area. Special event does not include activiti
parks or recreation facilities, libraries or other center:
which a specific permit process or facilities use regula exist. When the special event involves activity which is prot by the First Amendment to the U.S. Constitution or Artic:
Section 2 of the California Constitution then only the def
objective guidelines of this chapter and any other chapter of
code applicable to the special event shall apply which stan
are : The conduct of the special event will
substantially interrupt the safe and orderly movement of
traffic contiguous to its location:
(2) The conduct of the special event will not re
the diversion of so great a number of police officers to the
to properly police the location and the areas contiguous th as to prevent normal police protection to the city:
(3) The conduct of such special event will not re the diversion of so great a number of ambulances as to pr normal ambu1a:nce service to portions of the City other than to be occupied by the proposed location and areas conti
thereto:
(4) The conduct of the special event will not inte with the movement of fire-fighting equipment enroute to a fi with other proper fire protection of areas contiguous to locations:
(5) The conduct of the special event is not reaso likely to cause injury to persons or property, to pr disorderly coinduct or create a disturbance:
(6) The special event where movement is involvc scheduled to move from its point of origin to its poir termination expeditiously and without unreasonable delays enr
(7) The special event is not to be held for the purpose of advertising any product, goods or event, and i: designed to be held purely for private profit.
(1)
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8.17.020 Permit rewired. No person or entity organize, spcmsor, promote, produce, direct, conduct, ma
institute or carry on any special event without first obtain
permit from the City. A permit is required if the appl
desires to reserve and preempt public use of a portion of p
property for a temporary period. No person or entity promote, advertise, encourage or solicit attendance or othe participate in any way in a special event for which no permi been issued, or for which such permit has been suspendc
revoked.
8.r7.030 Interference with special event. No pers entity shall knowingly join or participate in any special eve
violation of any of the terms, conditions or regulations o permit issued therefore, or knowingly join or participate i special event without the consent and over the objection o permittee, or in any manner interfere with the orderly condu such event.
8.1'7.040 Special event committee.
(a) There is hereby established a Special Committee composed of the City Engineer, Fire Chief, Park! Recreation Director, Police Chief, Risk Manager and Utilitie Maintenance Director or their designated representatives. ThE Manager or his, designated representative shall chair the Commi (b) The Special Event Committee is charged with m
recommendations to the City Manager regarding the approval application for a Special Event Permit. The factors whicl Special Event Committee shall consider before makir recommendatioln are: the safety of the event, the number of e held in the salme area, the value of the event to area resident businesses, the inconvenience to area residents and businesse participating in the event, the disruption to public transi traffic flow, and the ability of the City to adequately staf event.
8.1'7.050 Permit application for special event.
(a) Applications for a permit to hold a special
shall be made: on forms provided by the City and approved b
Special Event Committee.
California Department of Transportation standards must be subm
with any application which involves any traffic or pa variances. This plan shall include the location of all tr control perso:nnel and a description of their training.
information specified by the Special Event Committee.
shall be filed with the Chief of Police not less than sixty
before the date proposed for holding a special event. This
limit shall he waived when the application involves exerci federal or state constitutionally guaranteed rights.
(1) A traffic control plan consistent
(2) The application shall contain all
(b) An application for a permit for a special
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(1) Events which require approval from jurisdictions or authorities will require concurrent applica review and approval.
(2) Applications for a special event permit ma be filed prior to October 1 of the year proceeding the e Applications for a permit received between November 1 and Nov
30 will be reviewed in compliance with Section 8.17.080 of chapter.
(c) Applications for a special event permit sha accompanied by a nonrefundable processing fee as set forth i following schedule:
(1) $25.00 - Minimum filing fee. Traffic var on one local street between two adjacent intersections.
(2) $100.00 - Traffic variance on any loci collector streets involving no more than five intersections.
(3) $300.00 - Traffic variance on any seco arterial, major arterial or prime arterial street involving nc
than five intersections total.
(4) $500.00 - Any traffic variance involving than five intersections on any street classification.
(d) Events sponsored by the City of Carlsbad sha exempt from t.he processing fee. Applicants seeking any fc
deposit variance shall make a written request at the timt
application is filed. The request for fee variance shall in
any reasons, justifications or authorities for granting z
variance.
8.1'7.060 Procedure for processins special events D application.
(a) All applications for permits to hold special e shall be filed with the Chief of Police. Copies of the applic
~ shall be forwarded to the members of the Special Event Comm
by the Chief of Police for investigation of the activity pro
and other facts, circumstances and information relating to application. (b) The Committee shall, within thirty days afte filing of an a.pplication, make a recommendation to the City Ma
~ to grant, conditionally grant, or refuse to issue a permit. City Manager shall consider the Committee recommendations and grant, conditionally grant, or refuse to issue the permit w five working days.
(c) Permits which are conditionally approved contain the date set for the final approval, the conditions must be met by the applicant and the dates by which conditions must be met and the time period for which the pem valid.
8.1'7.070 Permit - Notice of srantins or refusal. granting or refusal of any permit by the City Manager sha final unless appealed to the City Council with ten days fro date of service of written notice of the decision of the
Manager. Failure to file an appeal within such ten day F
shall constitute a waiver of the right to such appeal. Such n
shall be filed with the City Clerk.
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8.1'7.080 Special event calendar. (a) Applications which are received between Novem and November 30 for events which are scheduled for the foll calendar year and are subsequently approved by the City Managc be listed on any City calendar of events published for that
(b) Special events which have not been issued a p in the preceding two calendar years will not be considered fc
special event calendar.
8.1'7.090 Surety and insurance.
(a) Prior to the issuance of a permit, the Special Committee sha:ll require:
(1) An agreement to compensate the City for or damage to public property, the deposit of a surety bond or in an amount sufficient to guarantee the cleaning up of the and removal of any debris left as a result of the holding o event. If the applicant is to provide security, traffic co or other simi.lar activities a surety bond or cash in an a sufficient to guarantee such performance shall be required.
(2) That the applicant provide public liab insurance and property damage insurance, including pro liability coverage written by an insurance company acceptab the City in minimum limits as set by Chapter 5.60 of this co
(3) That the applicant execute a hold har agreement indemnifying the City for any personal injury or pro damage arising from such special event.
The Special Event Committee shall consider recommendatio:n of the Risk Manager, the likelihood of ha1 participants ,and spectators, as well as the financial hardsh the applicant when deciding insurance requirements.
(b) Recommendations for the withholding of a suret) or cash deposit for failure to perform as required shall be to the City Manager or his designated representative no more fifteen days 'after the conclusion of the special event.
(c) The City Manager shall submit the final refu additional billing request to the Finance Department no more
thirty days after the conclusion of a special event.
8.17.100 Staff and equipment cost recovery. (a) If it is determined that the special event warrant the presence of police officers, paramedics, personnel, parking control, utilities personnel, other City
or equipment, the City Manager shall require an agreeme]
compensate the City, a surety bond or cash in an amount suffi
to pay the additional costs of providing such personnc
equipment. (b) Departments involved in a special event shall s staffing and equipment costs to the City Manager no more
fifteen days after the conclusion of a special event.
8.17.110 Reconsideration of application. Special Event Committee may reconsider all or part c application for a permit, or any permit previously granted E upon request of the applicant or a member of such Committee five days written notice thereof to the applicant.
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8.17.120 Submission of alternate upon denial.
permit has been denied because of a conflict of a date and/o~
for the proposed event with another special event, the appl may request reconsideration of such application and I therewith an alternate date and/or hour for the holding such E
8.17.130 Consideration of late application. The SI
Event Committee, in its discretion, may consider any applic filed with the Chief of Police less than sixty days prior t
date requesteld for holding a special event.
8.17.140 Suspension or revocation of Dermit. A p for an event i.ssued hereunder shall be suspended or revoked pe a hearing by ,the City Manager at any time: (a) When he has reasonable cause to believe tha permit was issued in error or issued in reliance on fall erroneous information. (b) When he has reason to believe that the he safety and welfare of persons or property would be endan because of real or threatened disaster, public calamity, ri other emergency. Notice of such suspension or revocation shall be mz writing to applicant or permittee. The suspension or revoc of the permit shall be final unless appealed to the City Cc within ten days of the date of service of the written nc Failure to file an appeal within such ten day period constitute a waiver of the right to such appeal. Such notice
be filed with the City Clerk.
8.17.150 Authority. The Chief of Police or desig representative has the authority to: (a) Post the approved parking control signs as app in the special event permit. Such signs shall be posted at twenty-four hiours in advance of such special event and whc posted may issue citations and/or tow away vehicles parkc violation of the posting.
permit.
(1) Signs advising the date and time of the cl shall be posted on roadways described in Sections 8.17.050( and (4) at least ten days prior to the date of the closure.
established alnd shall include, but is not limited to: North C
Transit District, the California Highway Patrol, San Diego Ga
Electric Company, and the local contract trash disposal com
The parties on the interested parties list shall be notified o
closure by mail at least ten days prior to the event.
(c) Stop a special event at any time it is deter
that the public safety is in jeopardy.
(b) Close roadways as approved in the special
(2 1 A list of interested parties shal
8.17.160 Penalty for violation. Any person viol
any provision of this chapter or conditions of the permit sha
guilty of a misdemeanor and upon conviction thereof shal
punished by a fine of not more than one thousand dollars t
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imprisonment in the county jail for a period not to exceel
months, or by both such fine and imprisonment, and each such p
shall be guilty of a separate offense for each and every d
portion thereof during which any violation of any of the provi
of the chapter is committed, continued or permitted.
8.1'7.170 Severability. If any section, sentence, c or phrase of ithis chapter is for any reason held to be inval
unconstitutional by a decision of any court of comF jurisdiction, such decision shall not affect the validity o remaining portions of the chapter. The City Council h
declares that it would have passed this ordinance and adopted
chapter and each section, sentence, clause or phrase th
irrespective of the fact that any one or more sect
subsections, sentences, clauses or phrases be declared inval unconstitutional. I1
EFFECTIVE DATE: This ordinance shall be effective t
days after its adoption, and the City Clerk shall certify t
adoption of this ordinance and cause it to be published at
once in the Carlsbad Journal within fifteen days after
adoption.
INTIRODUCED AND FIRST READ at a regular meeting 0:
Carlsbad City Council on the 14th day of Msrch ,
and thereafter
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PASSED AND ADOPTED at a regular meeting of the
Council of the City of Carlsbad on the 28th day of March
1984, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Mamaux, Larson & Pett
NOES : None
ABSENT : None
APPROVED AS TO FORM AND LEGALITY
b LL Q k 3*36*bY.
VINCENT F. BIONDO, JR. , City
ATTEST:
(hz32L A. Q-
i ALETHA L. RAUTENKRANZ, City Cl4rk
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