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HomeMy WebLinkAbout2006-08-01; City Council; NS-811; Repealing Chapter 8.17 related to Special Events...1 2 ORDINANCE NO. NS-811_ 3 4 5 6 7 8 The City Council of the City of Carlsbad, California, does ordain as follows: 9 SECTION 1: That Chapter 8.17 of the Carlsbad Municipal Code is repealed in its entirety: 10 CHAPTER 8.17 11 12 Sections: 13 14 24 25 26 27 28 Exhibit 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, REPEALING CHAPTER 8.17 OF THE CARLSBAD MUNICIPAL CODE REGULATING SPECIAL EVENTS, ADOPTING CHAPTER 8.17 OF THE CARSLBAD MUNICIPAL CODE REGULATING SPECIAL EVENTS, AMENDING CHAPTER 21.41 OF CARLSBAD MUNICIPAL CODE REGULATING SPECIAL EVENT SIGNS, AND AMENDING CHAPTER 1.08 OF THE CARLSBAD MUNICIPAL CODE MAKING CERTAIN VIOLATIONS MISDEMEANORS. SPECIAL EVENT PERMIT 8.17.010 Special event defined. 8.17.020 Permit required. 8.17.030 Interference with special event 8.17.040 Special event committee 15 8.17.050 Permit application for special event 8.17.060 Procedure for processing special event permit applications 8.17.070Permit - Notice of granting or refusal 8.17.080 Special Event calendar 8.17.090 Surety and insurance 8.17.100 Staff and equipment costs 8.17.110 Reconsideration of application 8.17.120 Submission of alternate upon denial 8.17.130 Consideration of late application 8.17.140 Suspension of revocation of permit 8.17.150 Authority 8.17.160 Penalties for violation 16 17 18 19 20 21 8.17.170Severability 22 8.17.010 Special Event Defined. 23 "Special event" means any organized activity, including, but not limited to amusement attractions, athletic events, carnivals, circuses, concerts, public dances, exhibitions, exhibits, fairs, fireworks displays, fundraising events, marathon runs, parades, rodeos, sidewalk sales, surfing meets or contests, running events including 10K runs, trade shows, triathlons, walkathons, or any other events (not construction-related) which results in or requires any modification to traffic flow patterns or traffic parking regulations or where the expected attendance exceeds one thousand people. The location for events where movement is involved includes its assembly area, route and dispersing area. "Special event" does not include activities at parks or recreation facilities, libraries or other centers for which a specific permit process or facilities use regulations exist. When the special event involves activity which is protected by the First Amendment to the U.S. Constitution or Article I, Section 2 of the California Constitution then only the definite objective guidelines of 1 2 3 4 5 6 7 8 10 1989) 11 12 8.17.020 Permit required. 13 14 15 18 19 22 23 24 25 26 27 28 this chapter and any other chapter of this code applicable to the special event shall apply which standards are: (1) The conduct of the special event will not substantially interrupt the safe and orderly movement of other traffic contiguous to its location; (2) The conduct of the special event will not require the diversion of so great a number of police officers of the city to properly police the location and the areas contiguous thereto as to prevent the normal police protection to the city; (3) The conduct of such special event will not require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of the city other than that to be occupied by the proposed location and areas contiguous thereto; (4) The conduct of the special event will not interfere with the movement of firefighting equipment en route to a fire or with other proper fire protection of areas contiguous to such locations; (5) The conduct of the special event is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct or create a disturbance; (6) The special event where movement is involved is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route; (7) The special event is not to be held for the sole purpose of advertising any product, goods or event, and is not designed to be held purely for profit. (Ord. NS-56 § 4 (part), No person or entity shall organize, sponsor, promote, produce, direct, conduct, manage, institute or carry on any special event without first obtaining a permit from the city. A permit is required if the applicant desires to reserve and preempt public use of a portion of public property for a temporary period. No person or entity shall promote, advertise, encourage or solicit attendance or otherwise participate in any way in a special event for which no permit had been issued, or for which such permit has been suspended or revoked. (Ord. NS-56 § 4 (part), 1989) 16 8.17.030 Interference with special event. No person or entity shall knowingly join or participate in any special event in violation of any of the terms, conditions or regulations of the permit issued therefor, or knowingly join or participate in any special event without the consent and over the objection of the permittee, or in any manner interfere with the orderly conduct of such event. (Ord. NS-56 § 4 (part), 1989) 20 8.17.040 Special events committee.21 A special events committee shall be formed as follows: (a) There is established a special events committee composed of the assistant city manager, community development director, public works director, fire chief, police chief and risk manager or their designated representatives. The police chief or his designated representative shall chair the committee. (b) The special events committee is charged with making recommendations to the city manager regarding the approval of an application for a special events permit. The factors which the special events committee shall consider before making a recommendation are: the safety of the event, the number of events held in the same area, the value of the event to area residents and businesses, the inconvenience to area residents and businesses not participating in the event, the disruption to public transit and traffic flow, the ability of the city to adequately staff the event, and other impacts arising from the special event considered necessary and appropriate in the opinion of the committee. (Ord. NS-452 § 1, 1998: Ord. NS-56 § 4 (part), 1989) 3 4 5 6 7 8 9 10 11 12 13 14 16 17 18 19 20 21 23 24 25 26 27 28 8.17.050 Permit application for special event. (a) Applications for a permit to hold a special event shall be made on forms provided by the city and approved by the special event committee. (1) A traffic control plan consistent with California Department of Transportation standards must be submitted with any application which involves any traffic or parking variances. This plan shall include the location of all traffic control personnel and a description of their training. (2) The application shall contain all other information specified by the special event committee. (b) An application for a permit for a special event shall be filed with the chief of police not less than sixty days before the date proposed for holding a special event. This time limit shall be waived when the application involves exercise of federal or state constitutionally guaranteed rights. (1) Events which require approval from other jurisdictions or authorities will require concurrent application, review and approval. (2) Applications for a special event permit may not be filed prior to October 1 st of the year preceding the event. Applications for a permit received between November 1st and November 30th will be reviewed in compliance with Section 8.17.080 of this chapter. (c) Applications for a special event permit shall be accompanied by a nonrefundable processing fee of twenty-five dollars. (d) Events sponsored by the city shall be exempt from the processing fee. Applicants seeking any fee or deposit variance shall make a written request at the time the application is filed. The request for fee variance shall include any reasons, justifications or authorities for granting a fee variance. (Ord. NS-95 § 1, 1989; Ord. NS-56 § 4 (part), 1989) 8.17.060 Procedure for processing special event permit application. (a) All applications for permits to hold special events shall be filed with the chief of police. Copies of the application shall be forwarded to the members of the special event committee by the chief of police for investigation of the activity proposed and other facts, circumstances and information relating to such application. (b) The committee shall, within thirty days after the filing of an application, make a recommendation to the city manager to grant, conditionally grant, or refuse to issue a permit. The city manager shall consider the committee recommendations and shall grant, conditionally grant, or refuse to issue the permit within five working days. (c) Permits which are conditionally approved shall contain the date set for the final approval, the conditions which must be met by the applicant and the dates by which those conditions must be met and the time period for which the permit is valid. (Ord. NS-56 § 4 (part), 1989) 22 8.17.070 Permit-Notice of granting or refusal. The granting or refusal of any permit by the city manager shall be final unless appealed to the city council within ten days from the date of service of written notice of the decision of the city manager. Failure to file an appeal within such ten-day period shall constitute a waiver of the right to such appeal. Such notice shall be filed with the city clerk. (Ord. NS-56 §4 (part), 1989) 8.17.080 Special event calendar. (a) Applications which are received between November 1st and November 30th for events which are scheduled for the following calendar year and are subsequently approved by the city manager may be listed on any city calendar of events published for that year. (b) Special events which have not been issued a permit in the preceding two calendar years will not be considered for the special event calendar. (Ord. NS-56 § 4 (part), 1989) 15 16 17 18 19 20 21 25 26 27 28 8.17.090 Surety and insurance. 1 2 3 4 5 6 7 8 g 10 11 12 4 (part), 1989) 13 8.17.100 Staff and equipment cost recovery.14 (a) Prior to the issuance of a permit, the special event committee shall require: (1) An agreement to compensate the city for loss or damage to public property, the deposit of a surety bond or cash in an amount sufficient to guarantee the cleaning up of the site and removal of any debris left as a result of the holding of the event. If the applicant is to provide security, traffic control or other similar activities a surety bond or cash in an amount sufficient to guarantee such performance shall be required; (2) That the applicant provide public liability insurance and property damage insurance, including products liability coverage written by an insurance company acceptable by the city in minimum limits as set by Chapter 5.60 of this code; (3) That the applicant execute a hold harmless agreement indemnifying the city for any personal injury or property damage arising from such special event. The special event committee shall consider the recommendation of the risk manager, the likelihood of harm to participants and spectators, as well as the financial hardship to the applicant when deciding insurance requirements. (b) Recommendations for the withholding of a surety bond or cash deposit for failure to perform as required shall be made to the city manager or his designated representative no more than fifteen days after the conclusion of the special event. (c) The city manager shall submit the final refund or additional billing request to the finance department no more than thirty days after the conclusion of a special event. (Ord. NS-56 § (a) If it is determined that the special event will warrant the presence of police officers, paramedics, fire personnel, parking control, utilities personnel, other city staff or equipment, the city manager shall require an agreement to compensate the city, a surety bond or cash in an amount sufficient to pay the additional costs of providing such personnel or equipment. (b) Departments involved in a special event shall submit staffing and equipment costs to the city manager no more than fifteen days after the conclusion of a special event. (Ord. NS-56 §4 (part), 1989) 8.17.110 Reconsideration of application. The special event committee may reconsider all or part of an application for a permit, or any permit previously granted either upon request of the applicant or a member of such committee after five days' written notice thereof to the applicant. (Ord. NS-56 § 4 (part), 1989) 22 8.17.120 Submission of alternate upon denial. 23 If a permit has been denied because of a conflict of a date and/or hour for the proposed 24 event with another special event, the applicant may request reconsideration of such application and submit therewith an alternate date and/or hour for holding such event. (Ord. NS-56 § 4 (part), 1989) 8.17.130 Consideration of late application. The special event committee, in its discretion, may consider any application filed with the chief of police less than sixty days prior to the date requested for holding a special event. (Ord. NS-56 § 4 (part), 1989) 1 A permit for an event issued hereunder shall be suspended or revoked pending a hearing by the city manager at any time: (a) When he has reasonable cause to believe that the permit was issued in error or issued 3 in reliance on false or erroneous information; (b) When he has reason to believe that the health, safety and welfare of persons or 4 property would be endangered because of real or threatened disaster, public calamity, riot or other emergency. 5 Notice of such suspension or revocation shall be made in writing to applicant or permittee. The suspension or revocation of the permit shall be final unless appealed to the city council within ten days of the date of service of the written notice. Failure to file an appeal within 7 8 9 The chief of police or designated representative has the authority to: (a) Post the approved parking control signs as approved in the special event permit. Such 10 signs shall be posted at least twenty-four hours in advance of such special event and when so posted may issue citations and/or tow away vehicles parked in violation of the posting; 11 (b) Close roadways as approved in the special event permit; (1) Signs advising the date and time of the closure shall be posted on secondary arterial, 12 major arterial or prime arterial streets, or streets on which more than five intersections will be closed, at least ten days prior to the date of closure, (2) A list of interested parties shall be established and shall include, but not be limited to: 14 15 17 24 25 26 27 8.17.140 Suspension or revocation of permit. such ten-day period shall constitute a waiver of the right to such appeal. Such notice shall be filed with the city clerk. (Ord. NS-56 § 4 (part), 1989) 8.17.150 Authority. North County Transit District, the California Highway Patrol, San Diego Gas and Electric Company, and the local contract trash disposal company. The parties on the interested parties list shall be notified of the closure by mail at least ten days prior to the event; (c) Stop a special event at any time it is determined that the public safety is in jeopardy. ,e (Ord. NS-148 § 1, 1991; Ord. NS-56 § 4 (part), 1989)1b 8.17.160 Penalties for violation. The penalty for violating any provision of this chapter or conditions of the permit may 18 include any or all of the following: (a) Any person(s) violating any provision of this chapter or conditions of the permit shall be 19 guilty of a misdemeanor or infraction and upon conviction thereof shall be punished by a fine of not more than one thousand dollars or by imprisonment in the county jail for a period 20 not to exceed six months, or by both such fine and imprisonment, and each such person shall be guilty of a separate offense for each and every day or portion thereof during which 2 any violation of any of the provisions of the chapter is committed, continued or permitted. (b) Any violation of this chapter or violations of conditions of a special events permit may result in the denial by the city manager of a special events permit for future similar events. (Ord. NS-452 § 2, 1998: Ord. NS-56 § 4 (part), 1989) 8.17.170Severabilitv. If any section, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the chapter. The city council declares that it would have passed the ordinance codified in this chapter and adopted this chapter and each section, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. (Ord. NS-56 § 4 (part), 1989)28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 2: That Chapter 8.17 of the Carlsbad Municipal Code is enacted in its entirety and reads as follows: CHAPTER 8.17 SPECIAL EVENTS Sections: 8.17.010 Purpose and Intent 8.17.020 Definitions 8.17.030 Permit Required 8.17.040 Exceptions to Special Event Permit Requirement 8.17.050 Special Events Committee 8.17.060 Application 8.17.070 Fees 8.17.080 Police Protection and Other Emergency Services 8.17.090 Indemnification Requirement 8.17.100 Insurance Requirements 8.17.110 Signs 8.17.120 Notification 8.17.130 Reasons for Denial of a Special Event Permit 8.17.140 Notice of Denial of Application 8.17.150 Alternatives to Permit Application 8.17.160 Appeal Procedure 8.17.170 Notice to City and Other Officials 8.17.180 Special Events Calendar 8.17.190 Contents of Permit 8.17.200 Violations 8.17.210 Revocation of Permit 8.17.220 Severability 8.17.010 Purpose and Intent. The City Council recognizes that Special Events enhance the City's lifestyle and provide benefits to area residents, visitors, and businesses through the creation of unique venues for expression, recreation, and entertainment that are not normally provided as a part of governmental services. However, the City Council also recognizes that Special Events, if unregulated, can have an adverse effect on the public health, safety and welfare due to noise, traffic, safety, and health hazard impacts. The purpose and intent of this Chapter is to set forth reasonable regulations by establishing a process for permitting Special Events within the City, to protect the rights and interest granted to Special Event Permit holders, to ensure the health and safety of patrons of Special Events, to prohibit illegal activity from occurring within Special Event venues, and to minimize any adverse effects from Special Events while ensuring the orderly and efficient use of public property and City services. It is further intended to create a mechanism for cost recovery for Special Events without having an adverse effect on those Special Events that contribute to the community. It is also the intent of the Council to protect the rights of citizens to engage in protected free speech expression activities and yet allow for the least restrictive and reasonable, time, place and manner regulation of those activities within the overall context of rationally regulating Special Events that have an impact upon public facilities and services. 7 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 28 8.17.020 Definitions. Except where the context otherwise requires, for the purposes of this chapter, the following definitions apply: A. "Affected Parties" means businesses and residents located within 300 feet of the area around the Special Event that are likely to experience impact from the Special Event. B. "City Manager" means the City Manager or his authorized designee. C. "Demonstration" means any formation, procession or assembly of fifty (50) or more persons which, for the purposes of Expressive Activity, is: (i) to assemble or travel in unison on any Street in a manner that does not comply with normal traffic regulations or controls; or, (ii) to gather at a public park or other public area. D. "Event" includes Special Event or a Demonstration. E. "Event Organizer" means any person who conducts, manages, promotes, organizes, aids or solicits attendance at a Special Event. F. "Expressive Activity" includes conduct, the sole or principal object of which is the means of opinion, views, or ideas and for which no fee or donation is charged or required as a condition of participation in or attendance at such activity. It includes public oratory and distribution of literature. G. "Major Event" means a Special Event that requires a traffic control plan for three (3) or more intersections of any street or requires a traffic control plan for a secondary arterial, major arterial or a prime arterial. H. "Minor Event" means a Special Event that does not require a traffic control plan or that requires a traffic control plan for two (2) or fewer intersections and does not involve a secondary arterial, major arterial or a prime arterial. I. "Private Property Permit" means an administrative permit issued by the Community Development Director for a function held entirely on private property that does not require a use of public property in a manner which impacts or restricts the public's normal or typical use of such property or does not comply with the normal or usual traffic regulations or controls or that require the provision of extraordinary City services and are therefore not governed by this Chapter. J. "Permittee" means a person to whom a Special Events Permit has been issued. K. "Person" means any person, firm, partnership, association, corporation, company or organization of any kind. L. "Police Chief means the Chief of Police or his authorized designee. M. "Sidewalk" means any area or way set aside or open to the general public for purposes of pedestrian travel, whether or not it is paved. N. "Sound-Amplifying System" means any system, apparatus, equipment, device, instrument or machine designed for or intended to be used for the purpose of amplifying the sound or increasing the volume of human voice, musical tone, vibration or sound wave. O. "Special Event" means: (i) any organized formation, parade, procession or assembly consisting of fifty (50) or more Persons, and which may include animals, vehicles or any combination thereof, which is to assemble or travel in unison on any Street which does not comply with normal or usual traffic regulations or controls; or, 23 (ii) any commercial or non-commercial organized assemblage of fifty (50) or more Persons at any public beach, public park, public water ways, Street, or Sidewalk which is to24 gather for a common purpose under the direction and control of a Person; or, (iii) any other organized activity conducted by a Person for a common or collective use, purpose or benefit which involves the use of, or has an impact on, other public property or facilities and the provision of City public safety services in response thereto. (iv) Examples of Special Events include concerts, parades, circuses, fairs, festivals, block parties, community events, mass participation sports (such as, marathons and running Events, bicycle races or tours, tournaments), or spectator sports (such as, football, baseball and basketball games, golf tournaments, surfing contests or other water competitions). P. "Special Event Permit1 means a permit as required by this Chapter. Q. "Spontaneous Demonstration" is an Event occasioned by news or affairs coming into public knowledge less than forty-eight (48) hours prior to such Event. 1 2 3 4 by the City Manager or his authorized designee. 5 8.17.040 Exceptions to Special Event Permit Requirement. 6 A Special Event Permit is not required for any of the following: A. Any organized activity within the scope of a Conditional Use Permit, other land use approval or a Private Property Permit given or required for that use; or, B. Spontaneous Demonstration, consisting of fifty (50) or less Persons, that do not involve the use of vehicles, animals, fireworks, pyrotechnics or equipment (other than sound equipment), provided that: (i) no fee or donation is charged or required as a condition of participation in or attendance at such Demonstration; and, (ii) the Chief of Police is notified at least thirty-six (36) hours in advance of the commencement of the Demonstration; or, 7 8 9 10 11 24 25 26 27 28 R. "Street" means any place or way set aside or open to the general public for purposes of vehicular traffic, including but not limited to any berm or shoulder, parkway, public parking lot, right-of-way, alley or median. 8.17.030 Permit Required. No person shall engage in or conduct any Special Event unless a Special Event Permit is issued C. Lawful picketing; or D. Funeral processions by a licensed mortuary; or, E. Activities conducted by a government agency acting within the scope of its authority. 8.17.050 Special Events Committee. 12 13 14 15 A. The Special Events Committee shall be comprised of the Assistant City Manager, Community Development Director, Public Works Director, Fire Chief, Police Chief, Housing and 16 Redevelopment Director, Recreation Director and Risk Manager or their designated representatives. The Police Chief will chair the committee. 17 B. The Special Events Committee is charged with reviewing and providing recommendations to the City Manager regarding the approval or modification of an application for 18 a Special Event Permit based upon the information required in the application with regard to considerations of public safety, traffic flow and control, the disruption to residences and 19 businesses; availability of resources of City personnel and equipment to adequately ensure the public health, safety and welfare. C. The Special Events Committee shall not recommend for approval a new Event for the date, time or location of a previously established reoccurring Event unless, the applicant of the previously established reoccurring Event notifies the City of their intent to not hold the Event or no application has been received by the City at the minimum application filing date. 8.17.060 Application. A. A person requesting a Special Event Permit shall file an application, certified by affidavit on forms provided by the Police Department. The Police Chief will forward the application to the Special Events Committee for review and recommendation to the City Manager. B. The application shall be filed at least ninety (90) days and not more than two (2) years before the Special Event is proposed to commence except for Spontaneous Demonstration held to react to current events, which shall provide a minimum of thirty-six (36) hours notice. The minimum ninety (90) day notice requirement may be waived by the Police Chief upon written finding that the limited scope of the Event, both in size and magnitude, allows it to be adequately reviewed in the time provided. C. The application for a Special Event Permit shall set forth all of the following information, if applicable: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 27 1. The name, address, e-mail address and telephone number of the applicant and Event organizer and its officers; 2. The names, addresses and telephone numbers of the headquarters of any organization for which the Special Event is to be conducted, and proof of the authorized representatives of the organization; 3. An acknowledgement of financial responsibility for any City fees or costs that may be imposed for the Special Event by the applicant and any person authorizing the applicant to apply for the permit on its behalf; 4 A description of the nature or purpose of the Special Event, including a description of activities planned during the Special Event; 5. A statement of fees to be charged participants in the Special Event; 6. Identification of the Carlsbad location where Special Event sales will be reported to the Franchise Tax Board, a City of Carlsbad Business License or a copy of a document showing proof the applicant is a tax-exempt non-profit organization; 7. Proof of insurance required by this Chapter; 8. The date(s), times, and location(s) where the Special Event is to be conducted, including assembly and disbanding; 9. A site plan including but not limited to: a. portable structures; b. prefabricated structures; c. site built structures; d. staging; e. reviewing stand(s); f. elevated platforms; g. temporary pedestrian bridges; h. tents or canopies; i. on-site grading; j. portable restrooms; k. all on-site signs and banners that have a face area larger than sixteen (16) square feet and/or stand more than four (4) feet above the ground; I. any travel routes; m. assembly or production areas; n. electrical sources and connections; o. fuel storage; p. cooking and open fires; q. water supply; r. run-off containment features; s. waste recycling containers; t. accessible parking; u. access points and routes for disabled persons; v. access points for emergency fire and ambulance equipment; w. emergency medical services area(s); x. any vehicles located in an enclosed area; y. pyrotechnics; z. inflatable(s); aa. animals and animal rides; bb. carnival rides; 26 Event; cc. location to accommodate individuals desiring to express opinions : purpose or intent of the Event; and, dd. other similar information that will describe the components of the 25 not consistent with the purpose or intent of the Event; and, 10. The location and description of all off-site signs, banners or attention getting devices; 1 management pie Control Devices or the California Supplement to the National Manual on Uniform Traffic Control 11. A detailed traffic control plan (TCP) for a Major Event and parking management plan, consistent with standards set forth in the National Manual on Uniform Traffic |0 1 2 3 4 5 6 7 8 9 10 calendar year. 8.17.070 Fees. 12 A. Major Event Fee - A non-refundable fee, as set forth in the schedule of service 13 "—-*- - 14 15 16 17 21 22 23 24 25 26 Devices for all Streets, Sidewalks and parking lots which the Special Event will impact by restricting the public's normal, typical or customary use thereof; 12. The approximate number of participants, spectators, animals and vehicles; 13. The number of persons proposed or required to monitor or facilitate the Special Event and to provide spectator or participant control and direction for Events using City Streets, Sidewalks, or facilities; 14. Provisions for first aid and emergency medical services; 15. The number, type and location of sanitation facilities; 16. Provisions for recycling per Public Resources Code sections 42648- 17. Pollution prevention in compliance with City's Municipal National Pollutant Discharge Elimination System permit, City Ordinances and the City "Jurisdictional Urban Runoff Management Plan" (JURMP); 18. A description of any recording equipment, sound amplification equipment, or other attention-getting devices to be used in connection with the Special Event; D. Applications for Special Event permits for Spontaneous Demonstration held to react to current events shall provide the information in paragraph C, items 1, 7,11 & 18 only. E. Applicants for a repeated Event held on private property (such as fireworks) may file one annual Special Event Application identifying the Event dates for one 42648.7; costs approved by City Council Resolution, reasonably calculated to reimburse the City for its reasonable and necessary costs in receiving, processing and reviewing applications for permits to hold a Major Event, must be paid to the City of Carlsbad when an application is filed. B. Minor Event Fee - A non-refundable fee, as set forth in the schedule of service costs approved by City Council Resolution, reasonably calculated to reimburse the City for its reasonable and necessary costs in receiving, processing and reviewing applications for permits to hold a Minor Event, must be paid to the City of Carlsbad when an application is filed. C. If the application includes the use of any City facility and/or property, or if any City services are required for the Special Event, the applicant must agree to pay for the services in accordance with a schedule of service costs approved by City Council Resolution. 18 8.17.080 Police Protection and Other Emergency Services. 19 A. The Police Chief will determine whether and to what extent additional police 20 protection, civilian traffic control personnel, private security and volunteer staff are reasonably necessary to ensure traffic control and public safety for the Special Event. The Police Chief will base this decision on the size, location, duration, time and date of the Special Event, the expected sale or service of alcoholic beverages, the number of streets and intersections blocked off from use by the public, and the need to detour or preempt pedestrian and vehicular travel from the use of public streets and sidewalks. The Police Chief shall provide, if police protection and/or other emergency and safety services or equipment is deemed necessary for the Special Event, an estimate of the cost of extraordinary City services and equipment required in writing. The applicant will be billed for services after the Event. B. When the Police Chief is determining the size of the Event and the security needed to protect participants and spectators, the estimate, based upon reasonably known information, of participants shall be determinative. The numbers of persons attending in response to an Event, to heckle, protest or oppose the sponsor's viewpoint shall not be considered in the cost of providing police protection. 27 28 il 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8.17.090 Release and Indemnification Requirement. Permittee agrees to waive and release the City of Carlsbad and its officers, agents, employees and volunteers from and against any and all claims, costs, liabilities, expenses or judgments including attorney's fees and court costs arising out of the activities of this Special Event or any illness or injury resulting there from, and hereby agree to indemnify and hold harmless the City of Carlsbad from and against any and all such claims, whether caused by negligence or otherwise, except for illness and injury resulting directly from gross negligence or willful misconduct on the part of the City or its employees. 8.17.100 Insurance Requirements. Whenever a Special Event, including but not limited to exhibits, fairs, athletic events, trade shows, concerts, or conventions, requires a Permit under the provisions of this code, the sponsor, promoter or person conducting the Special Event shall provide evidence of commercial general liability insurance in a form acceptable to the Risk Manager (and additional coverage(s) as appropriate for the activities of the Event), naming the City of Carlsbad as an additional insured, and with a coverage amount to be determined by the Risk Manager according to the size and risk factors of the Event. When determining the size of the Event and the risk to participants and spectators, the estimate of participants shall be determinative. The person conducting the Special Event shall not be required to insure any risk arising from persons attending in response to an Event, to heckle or oppose the sponsor's viewpoint. The insurance company or companies shall meet the requirements established by City Council Resolution for all insurance required by the City. The insurance policy required by this section shall not be cancelled, limited or not renewed without thirty (30) days prior written notice has been given to the City. 8.17.110 Signs. A. The Permittee shall post Street closure notification signs at locations approved by the City Manager which include the name of the Event, date, time and location of the closure and which: 1. Shall not exceed sixteen (16) square feet in sign area with a minimum letter size of four (4) inches; 2. Shall be posted on any Street on which more than two intersections will be closed, and any secondary arterial, major arterial, or prime arterial that will be closed as a result of the Special Event; 3. Shall be posted a maximum of fifteen (15) days and a minimum often (10) days prior to the scheduled closure; and, 4. Shall be removed within two (2) days following the conclusion of the Event. B. The Permittee may post a maximum of four signs that promote the Event at locations approved by the City Manager. Event promotion signs shall meet the following conditions: 1. The Event promotion sign(s) shall not exceed sixteen (16) square feet in sign area; 2. Shall not be posted more than sixteen (16) days prior to the Event; and, 3. Shall be removed immediately but in no Event more than two (2) days following the Event. C. The Permittee shall post traffic control and/or directional signs the day or days of the Special Event as required by the Permit. Traffic control and/or directional signs shall meet the following conditions: 1. The location of all traffic control and/or directional signs shall require approval of the City Manager; and 2. Traffic control and/or directional signs shall not be posted more than four (4) hours prior to the start of the Special Event and shall be removed not more than four (4) hours after the conclusion of the Special Event. Signs left out after four (4) hours may be removed by city staff and disposed of without compensation to Event organizer. 1 2 3 sign area. 4 8.17,120 Notification. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 27 28 D. The Permittee for a Special Event Permit may posts signs and banners during the Special Event at the Special Event venue. 1. All venue sign(s) with more than sixteen (16) square feet of sign area or signs that are more than four (4) feet above ground level shall be identified on the site plan. 2. Each venue signs and/or banners shall be less than fifty (50) square feet of A. The applicant for: 1. A first time Major Event; 2. A Major Event that has not been held for more than two (2) years; 3. A first time Event at a City facility that is not authorized by Facility Use Permit; or 4. An Event at a City facility that is not authorized by Facility Use Permit and that has not been held for more than two (2) years; shall sponsor a meeting for all Affected Parties. This meeting must be held not more than one hundred and eighty (180) days prior or less than eighty (80) days prior to the Special Event date. Affected Parties must be notified by the applicant via the United States Postal Service of the meeting a minimum of ten (10) days prior to the meeting. The purpose of this meeting will be to allow the Special Event sponsor to identify and address concerns of Affected Parties regarding the time, place and manner in which the Special Event is to be held. Concerns regarding the message or viewpoint of the Event sponsor shall not be considered. The Police Chief may waive the minimum eighty (80) day time limit for the Affected Party Meeting with a written finding of good cause if, after due consideration the Police Chief determines that because of the limited scope and complexity of the Event when considering the application criteria, there will be adequate time for review by and input of concerned Affected Parties. B. The applicant for a Major Special Event Permit that is not subject to the notification described in paragraph A, shall notify all Affected Parties of the Event not more forty (40) days nor less than thirty (30) days prior to the Special Event date via the United States Postal Service. The notification shall contain information concerning the Event and information on how to contact the applicant and the Special Events Committee before and after the Event. C. All applicants for a Special Event Permit shall notify via the United States Postal Service or by direct distribution to all Affected Parties of the Event not more than fifteen (15) days prior or less than ten (10) days prior to the Special Event date with information concerning the Event and information on how to contact the applicant and the Special Events Committee before and after the Event. 8.17.130 Reasons for Denial of a Special Event Permit. A. The City Manager may only deny a Special Event Permit to an applicant when any of the following applies: 22 1. The application for the permit (including any attachments) is not fully completed and executed. 23 2. The application for the permit contains a material falsehood or misrepresentation. 24 3. The applicant has failed to conduct a previously authorized Event in accordance with law or the terms of a permit, or both. 4. The use or activity would conflict with previously planned programs organized and conducted by the City and previously scheduled for the same place and time. 5. A fully executed prior application for the same time and place has been received and a permit has been or is likely to be granted authorizing uses or activities which do not reasonably permit multiple occupancy of the particular site or part thereof. 6. The applicant has not complied or cannot comply with applicable federal, state or local laws, regulations, ordinances or City Council policy. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 27 28 7. The applicant has not tendered the required application, indemnification agreement and endorsement(s), insurance certificate, or security deposit for police and emergency services and equipment within the times prescribed. 8. The applicant has not provided for the services of a required number of police officers, fire and/or paramedic personnel, private security, civilian traffic controllers or Event volunteers/staff to ensure the safety of the Event. 9. The applicant has not provided adequate sanitation and other required health facilities on or adjacent to any public assembly area. 10. The applicant has not provided sufficient off-site parking or shuttle service, or both, required to minimize any adverse impacts on public parking and traffic circulation in the vicinity of the Special Event. 11. The applicant has not obtained the approval of any other public agency within whose jurisdiction the Special Event or portion thereof will occur. 12. The use or activity would present an unreasonable danger to the health or safety of the applicant, other users of the site, or the public. 13. The Special Event will require the exclusive use of beach or park areas during any period in a manner which will have adverse impact on the reasonable use or access to those areas by the general public. 14. The Special Event will create the imminent possibility of violent disorderly conduct likely to endanger public health, safety and welfare or to result in property damage. 15. The Special Event will interfere with the normal access and function of businesses and/or residences during any period in a manner, which will have adverse impact on the reasonable use or access to those areas. 16. The Special Event will require the diversion of a great number of police employees from their normal duties, thereby preventing reasonable police protection to the remainder of the City. 17. The conduct of the Special Event will substantially interrupt the safe and orderly movement of other pedestrian or vehicular traffic, including public transportation, contiguous to its route or location. B. The City Manager shall not deny a Special Event Permit to an applicant based upon the message, content or viewpoint of the Event sponsor. 8.17.140 Notice of Denial of Application. The City Manager will act promptly upon a timely filed application for a Special Event Permit and will make a determination not less than twenty eight (28) calendar days prior to the Event. The applicant will be notified within two (2) working days of said determination. If the City Manager does not act on a Special Event Application at least twenty eight (28) calendar days prior to the Event, the application shall be deemed denied. 8.17.150 Alternatives to Permit Application. 22 The City Manager, in denying an application for a Special Event Permit, may authorize the conduct of the Special Event at a date, time, location, or route different from that named by the 23 applicant and shall propose alternative measures, which would cure any defects in the application. An applicant desiring to accept the modifications to the application will, within five (5) days after notice of the action of the City Manager, file a written notice of acceptance with the City Manager. 25 8.17.160 Appeal Procedure. nr* A. Any applicant has the right to appeal the denial of a Special Event Permit to the City Council. The denied applicant must make the appeal within five (5) days after receipt of the denial by filing a written notice with the City Clerk and a copy of the notice with the Police Chief. The City Council will act upon the appeal at the next regularly scheduled meeting following receipt of the notice of appeal, which decision will be final. 1 2 3 4 5 6 route or location of the proposed Special Event. 7 8.17.180 Special Events Calendar. 8 M The City will maintain a Special Events Calendar. Events will be registered on the Special Events Calendar as "approved" or as "pending."9 10 11 12 13 14 15 16 17 28 B. In the Event that the City Council denies an applicant's appeal, the applicant shall be afforded prompt judicial review of that decision as provided by California Code of Civil Procedure Section 1094.8. 8.17.170 Notice to City and Other Officials. Immediately upon the issuance of a Special Event Permit, the Police Chief will send a copy thereof to the City Manager, the City Attorney, the Fire Chief, the Public Works Director, the Community Development Director, the Recreation Director, (when permits are issued which impact City parks and recreation facilities), the Postmaster, and the manager or responsible head of each public transportation utility, the regular routes of whose vehicles will be affected by the 8.17.190 Contents of Permit. Each Special Event Permit will contain the following information or conditions, which is pertinent to the Event: A. The dates and times when the Special Event is to be held; B. the dates and time roads will be closed; C. the set-up or staging time; D. the time clean-up or dismantling will be completed; E. the location of the Special Event venue, including set-up or staging area, if any, and clean-up or dismantling area, if any; F. the specific route of the Special Event; G. minimum and maximum speed of vehicles or people in the Special Event; H. the number of persons, and type and number of animals and vehicles, the number of bands, other musical elements and equipment capable of producing sound, if any, and noise limitations thereon; I. the location of reviewing or audience stands; 18 K. a copy of the traffic control plan (TCP) and/or parking management plan including the number and location of traffic controllers, monitors, other personnel and equipment and19 barricades to be furnished by the Special Event Permittee; L. conditions or restrictions on the use of alcoholic beverages and authorization for the conditions of the exclusive control or regulation of vendors and related sales activity by the Permittee during the Special Event; M. provisions for any required emergency medical services; N. the applicant's recycling plan; O. the applicant's plan to control water run-off and other contaminates that may enter the City storm drain system; P. provisions for cleaning-up and restoration of the area or route of the Event both during and upon completion of the Event; Q. the requirement for the on-site presence of the Special Event Organizer or a designated representative for Event coordination and management purposes who shall carry the Special Event Permit upon 8.17.200 Violations. 25 Special Event Permit upon his/her person during the Special Event. 26 27 A. Violations of the terms and conditions of any of the following prohibitions in this Chapter will constitute a misdemeanor punishable by a fine of up to $1,000, or by imprisonment in the county jail for a term not exceeding six months, or by both: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 1. To stage, present, or conduct any Special Event without first having obtained a permit under this chapter; 2. To hamper, obstruct, impede, or interfere with any Special Event or with any person, vehicle or animal participating or used in the Special Event. 3. To carry any sign, poster, plaque, or notice, whether or not mounted on a length of material, unless such sign, poster, plaque, or notice is constructed or made of a cloth, paper, or cardboard material. 4. For any person participating in any Special Event to carry or possess any length of metal, lumber, wood, or similar material for purposes of displaying a sign, poster, plaque or notice, unless such object is one and one-fourth inch (1 1/4) or less in thickness and two inches (2) or less in width, or if not generally rectangular in shape, such object may not exceed three- fourths inch (3/4) in its thickest dimension. B. Violations of the terms and conditions of any of the following prohibitions in this Chapter will constitute an infraction and shall be punished as provided for in Chapter 1.08 of this code: 1. To participate in a Special Event for which the person knows a permit has not been granted; 2. To knowingly fail to comply with any condition of the permit; 3. For a participant in or spectator at a Special Event to knowingly violate any conditions or prohibitions contained in the Special Events Permit. 4. For any driver of a vehicle to drive between the vehicles or persons comprising a Special Event when the vehicles or persons are in motion and are conspicuously designated as a Special Event. 5. The Police Chief may prohibit or restrict the parking of vehicles along a street constituting a part of a Special Event if the Police Chief posts or cause to be posted signs to that effect. It is unlawful for any person to park or leave unattended any vehicle in violation of the posted signs. C. The Police Chief may, when reasonably necessary, waive parking regulations along a street constituting a part of a Special Event. 8.17.210 Revocation of Permit. The Police Chief may revoke a Special Event Permit without prior notice upon violation of the Permit or when a public emergency arises where the police resources required for that emergency are so great that deployment of police services for the Special Event would have an immediate and adverse effect upon the health, safety and welfare of persons or property. Written notice of the revocation setting forth the reasons therefore, shall be hand delivered or mailed to the applicant at the address provided on the application.20 8.17.220. Severabilitv.21 If any section, subsection, sentence, clause or phrase of this Chapter is for any reason held22 invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision will not affect the validity of the remaining portions of this Chapter. The City Council declares that it23 would have passed the ordinance codified in this Chapter and each section, subsection, sentence, clause or phrase contained in it irrespective of the fact that any one or more sections,24 subsections, sentences, clauses or phrases are declared invalid or unconstitutional. 25 //// 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 3: That Chapter 21.41 section 100 of the Carlsbad Municipal Code is amended to read as follows: CHAPTER 21.41 SIGN ORDINANCE Sections: 21.41.100 Permitted Temporary Signs 21.41.100 Permitted Temporary Signs Table C provides a listing of all temporary signs permitted for each type of development and corresponding zones with a sign permit. In addition to the type of sign permitted, Table C provides the maximum number, maximum sign area per sign, maximum sign height and letter height, permitted location and other provisions. TABLE C TEMPORARY SIGNS PERMITTED BY TYPE OF DEVELOPMENT AND ZONE WITH A SIGN PERMIT TYPE OF DEVELOPME NT AND ZONE Projects which are under Construction - all zones i TYPE OF SIGN Wall or Freestanding l| JReal Property (Freestanding which is for jsign rent, sale or lease - all zones displayed on the owner's real property or real property owned by others with their consent (California jCivil Code 713) MAXIMUM NUMBER OF SIGNS 1 per project MAXIMUM MAXIMUM SIGN AREA SIGN/LETTER PER SIGN Residential (Projects of 2 to 10 units: 12 square feet Residential Projects of more than 10 units, Commercial, Office or Industrial Projects: 32 (square feet 1 per property Residential Projects of 2 to 10 units: 12 HEIGHT 5 feet above average grade 6 feet above average grade 5 feet above average grade 6 feet above square feet (average grade Residential Projects of more than 10 units, Commercial, Office and Industrial Properties: 35 square feet LOCATION • '. Must be located on the project site. May not project into the public right-of-way. May not project into the public right-of-way. REMARKS 1. May not be illuminated. 2. Shall be removed prior to the granting of a Certificate of Occupancy by the city. 1. May not be i illuminated. 2. Residential Projects: shall be removed from the property within one year from the issuance of the first building permit or within 15 days n 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 All Commercial, Office and Industrial zones [AH Commercial, Office, and Industrial zones Any Public or (Private Banner Banner or Freestanding Signs with a Temporary Seasonal Sales Location Permit Banner or Freestanding 1 per establish- ment 1 per street frontage Limited to the number 30 square feet , 30 square feet 50 square feet , Limited to the sizes Attached to monument or wall at the establishment location. Must be located on the site of the seasonal sales event. Limited to the locations of when all the properties are sold or no longer for sale, whichever occurs first. 3. Commercial and Office/Indus- trial Properties: shall be removed from the building or property within 15 days after the sale, rental or lease. 1 . Permitted only for businesses waiting for permanent sign construction and installation. 2. Approval limited to 45 days maximum or when the permanent sign is installed whichever occurs first. 3. A city sign permit for the permanent sign must first be secured. Limited to the period of time specified in the Temporary Seasonal Sales Location Permit. Limited to the time Ift 1 2 3 4 5 6 7i 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Property with a Special Events Permit (C.M.C. Chapter 8. 17) j [Community Event at Public Parks/Recrea tional Facilities (Ord. NS-606 Signs Banner or Freestanding Signs specified in the Special Events Permit. 50 square feet specified in the Special Events Permit. specified in the Special Events Permit. Private Property: Must be located on the site of the special event. See city council Policy "Signs on Public Property." specified in the Special Events Permit. Limited to the duration of the event. §1 (part), 2001) SECTION 4: That Chapter 1.08 Section 010 of the Carlsbad Municipal Code is amended to read as follows: CHAPTER 1.08 Sections: PENALTY 1.08.010 Designated 01.08.010 Designated (a) Whenever in Chapters 6.03, 7.08, 8.12, 8.16, specified in Sections 1.13.040, 5.10.130, A3, 18.17.200 A 4 and 17.04.160 of this 8.44, 8.50, 1 1 .28 and 15.12, or as 6.04.130, 8.17.200 A 1, 8.17.200 A 2, 18.17.200 code any act is prohibited or is made or declared to be unlawful or an offense, or the doing of any act is required or the failure to do any act is declared to be unlawful or a misdemeanor, the violation of any such provision is a misdemeanor and shall be imprisonment punished by a fine not exceeding one thousand dollars or for a term not exceeding six months, or by both such fine and imprisonment unless some other fine or penalty is stated in said chapter or section. (b) Except as provided in subsection (a), whenever in this code or in any other ordinance of the city any act is prohibited or is made or declared to be unlawful or an offense, or the doing of any act is required or the failure to do any act is unlawful or a misdemeanor, the violation declared to be of any such provision of the city is, unless otherwise stated in this section, an infraction and shall be punishable by: (1 ) A fine not exceeding one hundred dollars for the first violation; (2) A fine not exceeding two hundred dollars for a second violation of the same ordinance within one year; (3) A fine not exceeding five hundred dollars for a third violation of the same ordinance within one year. The fourth and each additional violation of the same ordinance within one year is a misdemeanor and shall be punished by a fine not exceeding one thousand dollars or imprisonment for a term not exceeding six months, or by both such fine and imprisonment; (4) In addition to the monetary fines set forth above, both sentencing and probation are authorized Code Section 1203(a). conditional as a sentencing option in accordance with Penal (c) Each and every day during any portion of which any violation other ordinance of the city is committed, continued or permitted shall be of this code or any a separate offense. ft 6 7 8 9 10 11 III 12 /// 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (d) Payment of a fine shall not excuse payment of any fee required by this code or any other city ordinance. (e) Nothing contained in this section shall preclude the city from enforcing the provisions of this code or any other ordinance through any other available methods including but not limited to abatement of public nuisances. (Ord. NS-394 § 1, 1997; Ord. NS-70 § 1, 1989; Ord. 1296 § 1, 1987; Ord. 5071 § 2, 1986; Ord. 1278 § 2, 1985; Ord. 1274 § 1, 1984; Ord. 6068 § 1, 1983; Ord. 5064 § 1, 1983; EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption and the City Clerk shall certify the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 25th day of July, 2006, and thereafter. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on thelst day of August, 2006, by the following vote: AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: None ABSTAIN: None APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney KA LEWlfe, Mayor ATTEST: LORFUMNE M. WOOD, City Clerk (SEAL)