HomeMy WebLinkAbout2006-08-01; City Council; NS-811; Repealing Chapter 8.17 related to Special Events...1
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ORDINANCE NO. NS-811_
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The City Council of the City of Carlsbad, California, does ordain as follows:
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SECTION 1: That Chapter 8.17 of the Carlsbad Municipal Code is repealed in its entirety:
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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
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8.17.170Severability
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8.17.010 Special Event Defined.
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"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
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12 8.17.020 Permit required.
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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)
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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)
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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)
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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)
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8.17.090 Surety and insurance.
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4 (part), 1989)
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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)
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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)
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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
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(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
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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:
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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
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(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
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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.
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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.
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by the City Manager or his authorized designee.
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8.17.040 Exceptions to Special Event Permit Requirement.
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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,
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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.
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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:
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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;
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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
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10 calendar year.
8.17.070 Fees.
12 A. Major Event Fee - A non-refundable fee, as set forth in the schedule of service
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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.
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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.
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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.
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8.17,120 Notification.
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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.
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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.
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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
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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.
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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:
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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.
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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
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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
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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.
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(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.
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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)