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HomeMy WebLinkAbout2010-08-24; City Council; CS-101; CHAPTER 8.17 AMENDMENT...1 2 3 4 EXHIBIT 1 ORDINANCE NO. CS-101 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CHAPTER 8.17 OF THE CARLSBAD MUNICIPAL CODE BASED ON RECENT DEPARTMENT AND ORGANIZATION REALIGNMENT; ADDING SECTION 8.17.070(0) TO THE CARLSBAD MUNICIPAL CODE SECTION RELATED TO THIRD PARTY VENDOR FEES; AND ADDING SECTION 5 8.17.110(E) RELATED TO NO PARKING/TOW AWAY SIGNS 6 7 WHEREAS, the Carlsbad City Council finds it necessary to amend Municipal 8 Code Chapter 8.17 based on recent department and organization realignment; and 10 11 12 17 18 19 26 27 28 WHEREAS, the Carlsbad City Council held a special event workshop whereby it desired to streamline the special events application process to allow a special event permittee who will use or provide vendors at the special event to pay 13 an additional third party vendor fee so that individual business vendors will not be 14 required to obtain their/its own business license for that special event; and 15 WHEREAS, the Carlsbad City Council wishes to create a third party vendor 16 fee that includes all vendors at a single special event; and, WHEREAS, the Carlsbad City Council wishes to authorize the placement of "no parking/tow away" signs on 72 hours notice in advance of the special event. 20 ordain as follows: NOW.THEREFORE, The City Council of the City of Carlsbad, California, does 21 22 SECTION 1: That Section 8.17.020 of Chapter 8.17 of the Carlsbad Municipal 23 Code is amended to read as follows:24 25 8.17.020-Definitions. Except where the context otherwise requires, for the purposes of this chapter, the following definitions apply: EXHIBIT 1 1 A. "Affected parties" means businesses and residents located within three 2 hundred feet of the area around the special event that are likely to 3 experience impact from the special event. 4 B. "City manager" means the city manager or his/her authorized designee. 5 C. "Demonstration" means any formation, procession or assembly of fifty or 6 more persons which, for the purposes of expressive activity, is: 7 (i) To assemble or travel in unison on any street in a manner that does 8 not comply with normal traffic regulations or controls; or 9 (ii) To gather at a public park or other public area. 10 D. "Event" includes special event or a demonstration. 11 E. "Event promoter" means any person who conducts, manages, promotes, 12 organizes, aids or solicits attendance at a special event. 13 F. "Expressive activity" includes conduct, the sole or principal object of which 14 is the means of opinion, views, or ideas and for which no fee or donation is 15 charged or required as a condition of participation in or attendance at such 16 activity. It includes public oratory and distribution of literature. 17 G. "Major event" means a special event that requires a traffic control plan for 18 three or more intersections of any street or requires a traffic control plan for 19 a secondary arterial, major arterial or a prime arterial. 20 H. "Minor event" means a special event that does not require a traffic control 21 plan or that requires a traffic control plan for two or fewer intersections and 22 does not involve a secondary arterial, major arterial or a prime arterial. 23 I. "Parks & Recreation Director" means the director of parks & recreation or 24 his/her authorized designee. 25 J. "Private property permit" means a minor event administrative permit issued 26 by the community & economic development director for a function held 27 entirely on private property that does not require a use of public property in 28 a manner which impacts or restricts the public's normal or typical use of 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 EXHIBIT 1 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. K. "Permittee" means a person to whom a special events permit has been issued. L. "Person" means any person, firm, partnership, association, corporation, company or organization of any kind. M. "Police chief means the chief of police or his/her authorized designee. N. "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. O. "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. P. "Special event" means: (i) Any organized formation, parade, procession or assembly consisting of fifty 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 (ii) Any commercial or noncommercial organized assemblage of fifty or more persons at any public beach, public park, public water ways, street, or sidewalk which is to 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; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 23 24 25 EXHIBIT 1 (iv) Examples of special events include concerts, parades, circuses, fairs, festivals, block parties, community events, fireworks, 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). Q. "Special event permit" means a permit as required by this chapter. R. "Spontaneous demonstration" is an event occasioned by news or affairs coming into public knowledge less than forty-eight hours prior to such event. S. "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. (Ord. NS-811 § 2 (part), 2006) SECTION 3: That Section 8.17.030 of Chapter 8.17 of the Carlsbad Municipal Code is amended to read as follows: 8.17.030 - Permit required. No person shall engage in or conduct any special event unless a special 20 event permit is issued by the city manager or his/her authorized designee. 21 (Ord. NS-811 § 2 (part), 2006) 22 SECTION 5: That Section 8.17.050 of Chapter 8.17 of the Carlsbad Municipal code is amended to read as follows: 8.17.050 - Special events committee. A. The special events committee shall be comprised of the assistant 27 26 city manager, community development director, public works director, fire chief, 28 police chief, housing and redevelopment director, parks & recreation director and 1 2 3 4 c modification of an application for a special event permit based upon the 6 information required in the application with regard to considerations of public 7 safety, traffic flow and control, the disruption to residences and businesses; 8 availability of resources of city personnel and equipment to adequately ensure they 10 11 12 17 18 19 25 26 27 EXHIBIT 1 risk manager or their designated representatives. The parks & recreation director will chair the committee. B. The special events committee is charged with reviewing and providing recommendations to the city manager regarding the approval or 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 13 event unless the applicant of the previously established reoccurring event notifies 14 the city of their intent to not hold the event or no application has been received by 15 the city at the minimum application filing date. 16 (Ord. NS-811 § 2 (part), 2006) SECTION 6: That Section 8.17.060 of Chapter 8.17 of the Carlsbad Municipal Code is amended to read as follows: 20 8.17.060-Application. 21 A. A person requesting a special event permit shall file an application, 22 certified by affidavit on forms provided by the parks & recreation department. The 23 parks & recreation director will forward the application to the special events24 committee for review and recommendation to the city manager. B. The application shall be filed at least ninety days and not more than two years before the special event is proposed to commence except for no spontaneous demonstration held to react to current events, which shall provide a 1 2 3 4 c C. The application for a special event permit shall set forth all of the 6 following information, if applicable: 7 1. The name, address, e-mail address and telephone number of the 8 applicant and event organizer and its officers;y 10 11 authorized representatives of the organization; 13 17 18 19 25 26 27 EXHIBIT 1 minimum of thirty-six hours' notice. The minimum ninety-day notice requirement may be waived by the parks & recreation director 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. 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 12 dUll IV/I 3. An acknowledgment of financial responsibility for any city fees or 14 costs that may be imposed for the special event by the applicant and any person 15 authorizing the applicant to apply for the permit on its behalf;16 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; 20 6. Identification of the Carlsbad location where special event sales will 21 be reported to the franchise tax board, a city of Carlsbad business license or a 22 copy of a document showing proof the applicant is a tax-exempt non-profit 23 organization; 7. Proof of insurance required by this chapter; 8. The date(s), time(s), and location(s) where the special event is to be conducted, including assembly and disbanding; 28 9. A site plan including but not limited to: EXHIBIT 1 a. Portable structures,1 b. Prefabricated structures,2 3 4 c e. Reviewing stand(s), 6 f. Elevated platforms, 7 g. Temporary pedestrian bridges,8 h. Tents or canopies,y 10 11 k. All on-site signs and banners that have a face area larger than 13 17 18 19 25 26 27 c. Site-built structures, d. Staging, i. On-site grading, j. Portable restrooms, 12 sixteen square feet and/or stand more than four feet above the ground, 14 I. Any travel routes, 15 m. Assembly or production areas,16 n. Electrical sources and connections, o. Fuel storage, p. Cooking and open fires, 20 q. Water supply, 21 r. Run-off containment features, 22 s. Waste recycling containers, 23 t. Accessible parking,24 u. Access points and routes for disabled persons, v. Access points for emergency fire and ambulance equipment, w. Emergency medical services area(s), 28 x. Any vehicles located in an enclosed area, 1 2 3 4 cc. Location to accommodate individuals desiring to express opinions 6 not consistent with the purpose or intent of the event, and 7 dd. Other similar information that will describe the components of the 8 event; 10 11 12 17 18 19 25 26 27 EXHIBIT 1 y. Pyrotechnics, z. Inflatable(s), aa. Animals and animal rides, bb. Carnival rides, 10. The location and description of all off-site signs, banners or attention getting devices; 11. A detailed traffic control plan (TCP) for a major event and parking 13 management plan, consistent with standards set forth in the National Manual on 14 Uniform Traffic Control Devices or the California Supplement to the National 15 Manual on Uniform Traffic Control Devices for all streets, sidewalks and parking 16 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 20 vehicles; 21 13. The number of persons proposed or required to monitor or facilitate 22 the special event and to provide spectator or participant control and direction for 23 events using city streets, sidewalks, or facilities;24 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 28 through 42648.7; 1 2 3 4 5 equipment, or other attention-getting devices to be used in connection with the 6 special event. 7 D. Applications for special event permits for spontaneous demonstration 8 held to react to current events shall provide the information in subsections (C)(1), 10 11 12 17 18 19 25 26 27 28 EXHIBIT 1 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 (C)(7), (C)(11) and (C)(18) of this section 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 calendar year. 14 (Ord. NS-811 § 2 (part), 2006) 15 SECTION 7: That Section 8.17.070 of Chapter 8.17 of the Carlsbad Municipal 16 Code is amended by the addition of subsection "D" as follows: D. Third Party Fee. If the permittee provides for or allows third party vendors to participate in the special event, the permittee shall pay an additional nonrefundable fee, as set forth in the schedule of service costs approved by city 21 20 council resolution, reasonably calculated to reimburse the city for its actual and 22 necessary costs in receiving, processing and reviewing the application that 23 includes third party vendors. The amount of the additional fee shall be established by resolution of the City Council and shall be based on whether the application is for a major or minor event. 1 2 3 4 5 Permittee agrees to waive and release the city of Carlsbad and its officers, 6 agents, employees and volunteers from and against any and all claims, costs, 7 liabilities, expenses or judgments including attorney's fees and court costs arising8 out of the activities of this special event or any illness or injury resulting there from,9 10 11 except for illness and injury resulting directly from gross negligence or willful 13 17 18 19 24 25 26 27 28 EXHIBIT 1 SECTION 9: That Section 8.17.090 of Chapter 8.17 of the Carlsbad Municipal Code is amended to read as follows: 8.17.090 - Release and indemnification requirement. 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, 12 misconduct on the part of the city or its employees. 14 (Ord. NS-811 § 2 (part), 2006) 15 SECTION 11: That Section 8.17.110 of Chapter 8.17 of the Carlsbad Municipal16 Code is amended to read as follows: 8.17.110-Signs A. The permittee shall post street closure notification signs at locations 20 approved by the city manager which include the name of the event, date, time and 21 location of the closure and which: 22 1. Shall not exceed sixteen square feet in sign area with a minimum 23 letter size of four 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; 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 EXHIBIT 1 3. Shall be posted a maximum of fifteen days and a minimum of ten days prior to the scheduled closure; and 4. Shall be removed within two days following the conclusion of the event. B. The permittee may post a maximum of eight 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 square feet in sign area; 2. Shall not be posted more than sixteen days prior to the event; and 3. Shall be removed immediately but in no event more than two 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 hours prior to the start of the special event and shall be removed not more than four hours after the conclusion of the special event. Any sign(s) left out after four hours may be removed by city staff and disposed of without compensation to event organizer. D. The permittee for a special event permit may post signs and banners during the special event at the special event venue. 1 2 3 4 5 t •of sign area. 7 8 9 10 11 6 M E. Signs stating "no parking/tow away" shall be posted 72 hours in advance of the event start time. (Ord. NS-811 § 2 (part), 2006) SECTION 12: That Section 8.17.120 of Chapter 8.17 of the Carlsbad Municipal Code is amended to read as follows: 12 13 14 19 20 21 27 28 EXHIBIT 1 1. All venue sign(s) with more than sixteen square feet of sign area or signs that are more than four feet above ground level shall be identified on the site plan. 2. Each venue signs and/or banners shall be less than fifty square feet 8.17.120-Notification. A. The applicant for: 1. A first time major event; 2. A major event that has not been held for more than two years; 16 3. A first time event at a city facility that is not authorized by facility use 17 permit; or 18 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 years; shall sponsor a meeting for all affected parties. This meeting must be held not more than one hundred eighty days prior or less than eighty days prior to the special event date. Affected parties 23 22 must be notified by the applicant via the United States Postal Service or by direct 24 distribution to all affected parties of the meeting a minimum of ten days prior to the 25 meeting. The purpose of this meeting will be to allow the special event sponsor to26 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 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 EXHIBIT 1 or viewpoint of the event sponsor shall not be considered. The parks & recreation director may waive the minimum eighty-day time limit for the affected party meeting with a written finding of good cause if, after due consideration, the parks & recreation director 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 subsection A shall notify all affected parties of the event not more forty days nor less than thirty days prior to the special event date via the United States Postal Service or by direct distribution to all affected parties. 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 days prior or less than ten 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. (Ord. NS-811 § 2 (part), 2006) SECTION 17: That Section 8.17.170 of Chapter 8.17 of the Carlsbad Municipal Code is amended to read as follows: 8.17.170 - Notice to city and other officials. Immediately upon the issuance of a special event permit, the parks & recreation director will send a notice thereof to the city manager, the city attorney, 1 2 3 4 5 (Ord. NS-811 § 2 (part), 2006) 6 SECTION 19: That Section 8.17.190 of Chapter 8.17 of the Carlsbad Municipal 7 Code is amended to read as follows:8 Q 8.17.190 - Contents of permit. 9 10 11 12 17 18 19 24 25 26 27 EXHIBIT 1 the police chief, the fire chief, the utilities director, the community & economic development director, and the manager or responsible head of each public transportation utility, the regular routes of whose vehicles will be affected by the route or location of the proposed special event. 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; 13 B. The dates and time roads will be closed; 14 C. The set-up or staging time; 15 D. The time clean-up or dismantling will be completed; 16 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. The number of persons, and type and number of animals and 21 20 vehicles, the number of bands, other musical elements and equipment capable of 22 producing sound, if any, and noise limitations thereon; 23 H. The location of reviewing or audience stands; I. 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 and barricades to be furnished by the special event permittee; 1 2 3 4 5 L. The applicant's recycling plan; 6 M. The applicant's plan to control water run-off and other contaminates 7 that may enter the city storm drain system; 8 N. Provisions for cleaning-up and restoration of the area or route of the 10 11 organizer or a designated representative for event coordination and management 13 EXHIBIT 1 J. 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; K. Provisions for any required emergency medical services; event both during and upon completion of the event; O. The requirement for the on-site presence of the special event 12 purposes who shall carry the special event permit upon his/her person during the 14 special event. 15 (Ord. NS-811 § 2 (part), 2006)16 17 18 19 20 /// 21 /// 22 /// 23 /// 24 25 I" 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 EXHIBIT 1 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 27th day of July, 2010, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 24th day of August, 2010, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. APPROVED AS TO FORM AND LEGALITY: / R0NALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST: dtfcl , Cfty Clerk