HomeMy WebLinkAbout1989-03-14; City Council; 9918; SPECIAL EVENTSf
rl
u 0
u3rl
mri 13 mu+
5d
.rl c) F: 3
OM 20 u+
aa Na)
02 $7
20 ? ' d 5
-4 d3 0
daJ E g EL- &<
% 3 z
mm 2
0
a J G z 3 0 0
'd -rl :z
hV1 urd
-74 4J
3aJ os VH
mcn coco \\ 4-4 rim \\
2 -d
+
GI- -' WF CARLSBAP - AGENlp BILL w c a
DEPl AB# 99/f TITLE:
SPECIAL EVENTS CITY MTG.
DEPT. POL CITY
-3114189
RECOMMENDED ACTION:
Adopt Ordinance No. ds-3-6 , revising Chapter 8.17 of the City of Municipal Code and deleting Chapter 10.56 and Section 21.42.010(2)(D) of of Carlsbad Municipal Code.
ITEM EXPLANATION
As the City of Carlsbad continues to move toward a tourist based economy, h numerous requests for special events on or affecting public property. include bicycle and foot races, concerts, surfing contests, and street fa number and size of special events increased dramatically from 1984 througl
continues to increase today.
Those increases raise several concerns, e.g., the value of the event weighc its inconvenience to area residents and businesses, increased liability to ability of staff to oversee or control such events and procedures to follc approval and appeal process regul ati ng such events.
Adoption of this Ordinance will standardize the procedure for speci, processing. A Special Events Committee consisting of representatives o Fire, Parks and Recreation, City Engineer, Risk Management, Utili Maintenance, and Planning Departments will make recommendations to City who will approve or deny permit. Appeal to City Council is provided.
The Ordinance will establ ish an annual "Special Events Calendar" and rec applications for events not on the calendar are submitted at least 61 advance of the proposed special event.
It has been estimated that the Police Department utilized in excess of 1,
for special events in 1986. Additionally, hundreds of hours were neede
Manager, Utilities and Maintenance, Parks and Recreation, Planning, and Er Departments. In 1987 the Police Department instituted some of the mech this Ordinance. The result was an approximate 30% reduction in the amour invested by the Police Department and the events which were held were safer and of better quality.
Any action which the City permits in an area not designed for the actic as a bicycle race on highways, increases City's exposure to liability control and supervision of an event is paramount with respect to City's i respond to liability claims.
City currently has two authorities which partially address special Municipal Codes 10.56 and 21.42.101(2)(D). Neither defines the requir procedures for special events. A third authority defines parade permit pi
I
0 0
Page 2 of AB # 77/f
FISCAL IMPACT
None anticipated. Ordinance may result in savings if fewer special events and controls should reduce City exposure to liability for events approved
EXHIBITS
1. Ordinance No. /ds- 5-d .
2, Memorandum to City Manager from Police Chief,
b
1
2
3
4
5
6
7
8
g
10
11
12
0 Q 13 rg $5 * CD o,=l,z
z:20
ma,$
m
OW6 14
0 + 6 II 15
+LW - 16
zo 0
55 d 17 >$
18
19
20
21
0 *a
LL *JO
Zapm zss
k 0
22
23
24
25
26
27
28
0 0
ORDINANCE NO. NS-56
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA AMENDING TITLE 8 OF THE
CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF
CHAPTER 8.17 PERTAINING TO SPECIAL EVENTS AND
BY REPEALING CHAPTER nom AND SECTION
21.42.101(2) AND BY THE AMENDMENT OF SECTION
11.32.030 (5)
The City Council of the City of Carlsbad, Califc
does ordain as follows:
SECTION I: That Title 10, Chapter 10.57 of the C
Municipal Code entitled "Temporary Closure of City Stre
hereby repealed.
SECTION 2: That Title 21, Chapter 21.42 of the (
Municipal Code is amended by the deletion of
21.42.010(2) (D).
SECTION 3: That Title 11, Chapter 11.32 of the (
Municipal Code is amended by the amendment of Section 11.3:
to read as follows:
"To discharge or set off firecrackers, torpedoes,
or other fireworks except where a special event permit 1
granted pursuant to Chapter 8.17."
1 SECTION 4: That Title 8, Chapter 8.17 of the
Municipal Code entitled "Parade Permitstv is retitled to
Event Permit" and amended to read as follows:
I I
!!Chapter 8 . 17
SPECIAL EVENT PERMIT
Sections
8.17.010 Special event defined.
8.17.020 Permit required.
8.17.030 Interference with special event.
8.17.040 Special event committee established.
8.17.050 Permit application for special event.
8.17.060 Procedure for processing special ever
applications.
8.17.070 Permit - notice of granting or refus?
8.17.080 Special event calendar
I
I
t
1
2
3
4
5
6
7
8
g
10
11
12
0
2 oD 13 58 $5 %
d~ w a 14 nk23 zczE 15 mczs u ' -IO
5z:n
oEZm 20 y
55 a: 17 a to k 0
wzoa 16
* 0
8,17,090 Surety and insurance
8.17.100 Staff and equipment cost recovery.
8.17.110 Reconsideration of application.
8.17.120 Submission of alternate upon denial.
8.17.130 Consideration of late application.
8.17.140
8.17.150 Authority
8.17.160 Penalty for violation.
8.17.170 Severability
8.17.010 Special event defined. llSpecial event any organized activity, including but not limited to an
attractions, athletic events, carnivals, circuses, concerts dances, exhibitions, exhibits, fairs, fireworks display raising events, marathon runs, parades, rodeos, sidewalk surfing meets or contests, running events including 10K run:
shows, triathlons, walkathons, or any other event construction related) which results in or requires any modij
to traffic flaw patterns ar traffic parking regulations c the expected attendance exceeds 1,000 people. The locat events where movement is involved includes its assembly are( and dispersing area. Special event does not include activ: parks or recreation facilities, libraries or other cent which a specific permit process or facilities use reg1 exist. When the special event involves activity which is pi by the First Amendment to the U.S. Constitution or Art
Section 2 of the California Constitution then only the (
objective guidelines of this chapter and any other chapter
code applicable to the special event shall apply which s'
are:
(1) The conduct of the special event w
substantially interrupt the safe and orderly movement c
traffic contiguous to its location;
(2) The conduct of the special event will not
the diversion of so great a number of police officers to.
Suspension or revocation of permit.
21
2o
22
23
24
25
26
27
28
(3) The conduct of such special event will not the diversion of so great a number of ambulances as to normal ambulance service to portions of the City other tl
1 to be occupied by the proposed location and areas co
thereto; The conduct of the special event will not i
with the movement of fire-fighting equipment enroute to a with other proper fire protection of areas contiguous
locations:
(5) likely to cause injury to persons or property, to disorderly conduct or create a disturbance;
(6) The special event where movement is invi scheduled to move from its point of origin to its 1 termination expeditiously and without unreasonable delays
(7) The special event is not to be held for purpose of advertising any product, goods or event, an(
I
(4)
The conduct of the special event is not re
designed to be held purely for private profit,
2
I1
1
2
3
4
5
6
7
8
g
10
11
12
D
m co 13 Y8 g!$ 2
OWa 14 g-1.z:
z:yo ~+ULL 15
LL ""T$ do
5LCi ulzoQ 16 ou2m $g 2 17 >s
18
19
a
k 0
* 0
8.17.020 Permit reauired. No person or entit
organize, sponsor, promote, produce, direct, conduct, institute or carry on any special event without first obta
permit from the City. A permit is required if the ap desires to reserve and preempt public use of a portion of
property for a temporary period. No person or entit] promote, advertise, encourage or solicit attendance or ot
participate in any way in a special event for which no per been issued, or for which such permit has been suspei
revoked.
8.17.030 Interference with .mecia1 event. No PC entity shall knowingly join or participate in any special E violation of any of the terms, conditions or regulations
permit issued therefore, or knowingly join or participate
special event without the consent and over the objection permittee, or in any manner interfere with the orderly cor such event.
8.17.040 Special event committee. (a) There is hereby established a Specia:
Committee composed of the City Engineer, Fire Chief, Pa Recreation Director, Police Chief, Risk Manager and Utilit Maintenance Director or their designated representatives. I
Manager or his designated representative shall chair the Cor The Special Event Committee is charged wit1
recommendations to the City Manager regarding the approvz application for a Special Event Permit. The factors wf-
Special Event Committee shall consider before ma
recommendation are? the safety of the event, the number o
held in the same area, the value of the event to area resid businesses, the inconvenience to area residents and busine participating in the event, the disruption to public trai traffic flow, and the ability of the City to adequately s'
(b)
I event. i
2o
21
22
23
24
25
26
27
28
8.17.050 Permit application for special event. (a) Applications for a permit to hold a speci, 1 shall be made on forms provided by the City and approvec
Special Event Committee.
(1) A traffic control plan consiste
California Department of Transportation standards must be s with any application which involves any traffic or variances. This plan shall include the location of all
control personnel and a description of their training.
(2) The application shall contain a1
information specified by the Special Event Committee.
(b) An application for a permit for a speci
shall be filed with the Chief of Police not less than si before the date proposed for holding a special event. T limit shall be waived when the application involves exe federal or state constitutionally guaranteed rights.
3
1
2
3
4
5
6.
7
8
g
10
11
12 ' m 13
5% Yo z
OWu 14 S:?., 4 E z E 15 mGZ<
16 ,>do zYg$
D
LL'
og2m
U
>Q t 0 % 2 171 l8
19
20
22
21
23
24
25
26
27
28
0 e
(1) Events which require approval frorc
jurisdictions or authorities will require concurrent appli
review and approval.
Applications for a special event permit be filed prior to October 1 of the year proceeding the Applications for a permit received between November 1 and N
30 will be reviewed in compliance with Section 8.17-080
chapter -
(c) Applications for a special event permit s accompanied by a nonrefundable processing fee as set forty following schedule:
(1) $25.00 - Minimum filing fee. Traffic \ on one local street between two adjacent intersections.
(2) $100.00 - Traffic variance on any 1 collector streets involving no more than five intersectior
(3) $300.00 - Traffic variance on any sc
arterial, major arterial or prime arterial street involving than five intersections total.
(4) $500.00 - Any traffic variance involvi than five intersections on any street classification.
(d) Events sponsored by the City of Carlsbad s exempt from the processing fee. Applicants seeking any
deposit variance shall make a written request at the t application is filed, The request for fee variance shall
any reasons, justifications or authorities for grantin5 variance.
Procedure for Drocessina special event! aDplication.
All applications for permits to hold specia: shall be filed with the Chief of Police. Copies of the app: shall be forwarded to the members of the Special Event Cc
by the Chief of Police for investigation of the activity 1
and other facts, circumstances and information relating
application.
(b) The Committee shall, within thirty days a: 1 filing of an application, make a recommendation to the City
I to grant, conditionally grant, or refuse to issue a perm: I City Manager shall consider the Committee recommendations a 1 grant, conditionally grant, or refuse to issue the permit five working days.
contain the date set for the final approval, the conditio] must be met by the applicant and the dates by whic
conditions must be met and the time period for which the p valid.
Permit - Notice of arantins or refus granting or refusal of any permit by the City Manager : final unless appealed to the City Council with ten days date of service of written notice of the decision of 1 Manager. Failure to file an appeal within such ten da]
shall constitute a waiver of the right to such appeal. Suc shall be filed with the City Clerk.
(2)
8.17.060
(a)
1
(c) Permits which are conditionally approve I
8.17.070 1
4
1
1
2
3
4
5
6
7
8
g
10
11
12
0
2 a 13 I?8 aE N -a m "ua 14 gLL')z 05.: $zzi 15 m7J,< u #A0 I-LW " $282 16 og2m I? $5 E 17 a to k 18 0
1911
e
8.17.080 Special event calendar.
(a) Applications which are received between Nov and November 30 for events which are scheduled for the fc calendar year and are subsequently approved by the City Man; be listed on any City calendar of events published for tha
(b) Special events which have not been issued a
in the preceding two calendar years will not be considered special event calendar.
8.17.090 Surety and insurance.
(a) Prior to the issuance of a permit, the Speci: Committee shall require: An agreement to compensate the City f
or damage to public property, the deposit of a surety bond
in an amount sufficient to guarantee the cleaning up of t
and removal of any debris left as a result of the holdin<
event. If the applicant is to provide security, traffic or other similar activities a surety bond or cash in ar sufficient to guarantee such performance shall be requirec
(2) That the applicant provide public 1:
insurance and property damage insurance, including 1 liability coverage written by an insurance company accepl the City in minimum limits as set by Chapter 5.60 of this
(3) That the applicant execute a hold 1 agreement indemnifying the City for any personal injury or 1 damage arising from such special event. The Special Event Committee shall consid
recommendation of the Risk Manager, the likelihood of participants and spectators, as well as the financial hari
the applicant when deciding insurance requirements. Recommendations for the withholding of a sur
or cash deposit for failure to perform as required shall to the City Manager or his designated representative no m fifteen days after the conclusion of the special event. (c) The City Manager shall submit the final r additional billing request to the Finance Department no m
(1)
(b)
~ thirty days after the conclusion of a special event.
21
22
23
24
25
26
27
28
(a) If it is determined that the special evc
warrant the presence of police officers, paramedic
personnel, parking control, utilities personnel, other Ci or equipment, the City Manager shall require an agree
compensate the City, a surety bond or cash in an amount su
to pay the additional costs of providing such persc
equipment. Departments involved in a special event shal
staffing and equipment costs to the City Manager no mi fifteen days after the conclusion of a special event.
8.17.110 Reconsideration of applicatio
Special Event Committee may reconsider all or part application for a permit, or any permit previously grant€
upon request of the applicant or a member of such Committ
five days written notice thereof to the applicant.
(b)
5
1
2
3
4
5
6
7
8
g
10
11
12
0
% oD 13 38 5% 0)
0 w Q 14 81.22
15 &E zp
L ,>$ iil "" &q 16
N
oa2m 5c 2 17
18
19
20
21
22
23
24
25
26
27
28
Q to k 0
0 0
8.17.120 Submission of alternate upon denial.
permit has been denied because of a conflict of a date and/ for the proposed event with another special event, the ap
may request reconsideration of such application and therewith an alternate date and/or hour for the holding such
Event Committee, in its discretion, may consider any appl
filed with the Chief of Police less than sixty days prior
date requested for holding a special event.
for an event issued hereunder shall be suspended or revoked a hearing by the City Manager at any time:
(a) When he has reasonable cause to believe t permit was issued in error or issued in reliance on f erroneous information.
(b) When he has reason to believe that the
safety and welfare of persons or property would be enc because of real or threatened disaster, public calamity, other emergency.
Notice of such suspension or revocation shall be writing to applicant or permittee. The suspension or rex of the permit shall be final unless appealed to the City within ten days of the date of service of the written Failure to file an appeal within such ten day perioc constitute a waiver of the right to such appeal. Such notic be filed with the City Clerk.
8.17.130 Consideration of late application. The
8.17.140 SusDension or revocation of permit. E
8.17.150 Authority. The Chief of Police or des
representative has the authority to:
(a) Post the approved parking control signs as i in the special event permit. Such signs shall be posted i twenty-four hours in advance of such special event and
posted may issue citations and/or tow away vehicles pa
(b) Close roadways as approved in the speciz
permit.
Signs advising the date and time of the
shall be posted on roadways described in Sections 8.17.0'
and (4) at least ten days prior to the date of the closurc
(2) A list of interested parties SI
established and shall include, but is not limited to: Nort
Transit District, the California Highway Patrol, San Diego
Electric Company, and the local contract trash disposal The parties on the interested parties list shall be notifie closure by mail at least ten days prior to the event.
(c) Stop a special event at any time it is de that the public safety is in jeopardy.
8.17.160 Penalty for violation. Any person v any provision of this chapter or conditions of the permit
guilty of a misdemeanor and upon conviction thereof 2 punished by a fine of not more than one thousand dollai
I
1 1 violation of the posting.
(1)
6
1
2
3
4
5
6
7
8
9
10
11
12
0 6 m
2 a 8 13
OW6 14 5% %
gLL.22
z:$5
,>io
pI-6k 15
LL' mzz<
l e 0
imprisonment in the county jail for a period not to exct months, or by both such fine and imprisonment, and each such shall be guilty of a separate offense for each and every portion thereof during which any violation of any of the pro of the chapter is committed, continued or permitted.
8.17.170 Severability. If any section, sentence,
or phrase of this chapter is for any reason held to be inv unconstitutional by a decision of any court of co jurisdiction, such decision shall not affect the validity remaining portions of the chapter. The City Council declares that it would have passed this ordinance and adopt chapter and each section, sentence, clause or phrase irrespective of the fact that any one or more se subsections, sentences, clauses or phrases be declared inv unconstitutional. It
EFFECTIVE DATE: This ordinance shall be effective
days after its adoption, and the City Clerk shall certify
adoption of this ordinance and cause it to be published a
once in the Carlsbad Journal within fifteen days afl
adoption.
INTRODUCED AND FIRST READ at a regular meeting
Carlsbad City Council on the 14th day Of March
5:g; 161 go !? '5 2 17 tu I t 0 18
and thereafter
19
2o
21
1 I I
23
24
25
26
27
28 I 7
1
2
3
l e 0
PASSED AND ADOPTED at a regular meeting of tl
Council of the City of Carlsbad on the 28th
1989, by the following vote, to wit:
day of March
4
5
6
7
a 9
10
11
12
0 a
m co 13 138 g2 2 gLL22 vua 14
z:$: St& 15 Or< LL JO k-&W "
o~gm zo I? =-5 % 17 >o c
52ZS 161
0
AYES: Council Members Lewis, Kulchin, Mamaux, Larson 6 PC
NOES: None
ABSENT: None
APPROVED AS TO FORM AND LEGALITY
6, L Q h 3-38*&7.
VINCENT F. BIONDO, JR., City Attorney
ATTEST:
h 1.Q- ALETHA L. RjjUTENKRANZ, City Cldjrk
l8
3.9
20
21
22
23
24
25
26
27
28
I 1
I
8
I
0 e
January 20, 1989
TO; CITY MANAGER
FROM: Police Chief
SPECIAL EVENTS AGENDA BILL
The Special Events Ordinance began in the traffic division as a
attempt to establish a procedure in the City municipal code for
obtaining a permit to hold a special event.
It may be easier to demonstrate the ordinance by explaining the
procedure for routine special events application.
An application for a Special Event Permit is filed with th Police Chief at least 60 days prior to the event.
The Police Department distributes copies of the applicatic
to the members of the special events committee (City Engin
Fire Chief, Parks and Recreation Director, Police Chief, F
Manager, Utilities and Maintenance Director and Planning I:
- Each committee member approves the application as present€ or with conditions and returns their recommendation to thc
-
-
Police Department.
- The applicant agrees to the conditions (conditions may inc
items such as number of security guards, amount of insurar
limit on the number of participants, etc.).
- The Police Chief submits the application to the City Manal
with a recommendation for approval/disapproval.
- The City Manager approves/disapproves the application.
- The applicant is notified within 30 days of filing that tl
It is intended that the Special Events Ordinance cover everyth.
which is needed for the City to maintain a positive special evt
profile. The following are further explanations of specific C of Carlsbad Municipal Code sections.
application has been approvedjdisapproved.
- 8.17.010 defines a special event. It is intended to incl.
events which are conducted at location which are not desi'
or intended for such activities. Example: A basketball
at the high school gym would not require a permit, while
a bicycle race on Carlsbad Boulevard would require a perm
* m
It is not intended to include events for which a permit pr
exists. Example: A person proposinq a concert at Holiday
Park would obtain a permit from Parks and Recreation Depar
but a surfing contest at the west end of Pine Avenue would
require a Special Event Permit,
- 8.17.020 requires that a permit be obtained before an even
can be advertised or conducted. In the past, promoters ha
have obtained sponsor donations, advertised an event and c
entry fees before requesting a permit. This makes permit
negotiations potentially very difficult.
- 8.17.030 makes it a violation to interfere with a permitte
event.
- 8.17.040 identifies the members of the special event commi
and their responsibilities.
- 8.17.050 describes how and when the application must be fi
and the cost for processing the application.
- 8.17.060 describes how the application is processed by the
City.
- 8.17.070 describes the appeal process for permits denied I:
the City.
- 8.17.080 provides that during the month of November any SE
event which has a permit in either of the preceding two YE
can apply for a permit for the same event for the followir
year. The advantage to the City is that many of the routj
events can be approved at one time. The advantage to the
promoter is that they can confirm their dates early and hz
their event listed on the special events calendar.
- 8.17.090 provides the City with a mechanism to guarantee t
performance of the applicant. The City has had several ay
make promises for such things as clean-up or traffic conti
only to fail to provide. This section also identifies the insurance requirements.
- 8.17.100 provides the City with the authority to recover :
costs.
- 8.17.110 allows the committee to reconsider an applicatio1
after giving the applicant a five-day notice. This would
likely be used in cases where some new negative informatic
was discovered by the committee.
- 8.17.120 allows the application be be reconsidered if it T
originally denied because of a conflict in date or time ai
the applicant has requested a new date or time.
-2-
0 e
- 8.17.130 allows the committee at its discretion to conside
an application which is submitted late. This will provide
the flexibility to deal with the first time event applican
(such as block parties) who are new to the process).
- 8.17.140 allows the City to suspend or revoke a permit for
cause and provides an appeal process for the suspension or
revocation .
- 8.17.150 describes the responsibilities and authority of t
Police Chief regarding highway variances. It also establi
his authority to stop an event if it determined that the p
safety is in jeopardy.
8.17.160 makes violations of the provisions of this chapte -
a misdemeanor.
- 8.17.170 provides severability for this chapter.
Regarding the specific questions you asked:
1. How does this fit into the conditional use process administ
by the Planning Director and City Manager?
As presented, this agenda bill would eliminate 21.42.101(2
of Carlsbad Municipal Code. It also appears that the abov
authority is rather limited and may be being used beyond i
intent. The approval of this ordinance should result in c
process where now three exist. The major difference betwe
the Conditional Use Permit and the Special Event Permit i:
that the Police Department does the processing. All of tlr
interested parties still have their input and the City Mar still makes the final decision.
2. Is there a specific special events application form? Shoul
it be attached?
Currently there is not a Special Events Application form.
However, substantial work was begun over two years ago. I
that time it was felt that the cart was going before the 1.
When approved, the committee should develop an applicatior
which will include basic identification information and SI
information for each approving unit. Examples of informal
which will be required are: 1) Number of people. 2) Wi:
alcohol be served? 3) Will there be open fires? 4) Wil:
there be fire works? 5) Will there be temporary structui
3. Who takes care of the master calendar?
The special events calendar would be maintained by the Po:
Department. Currently, that function falls to the traffic
sergeant- The calendar would be submitted to the local nr
-3-
e e
Chamber of Commerce, Parks and Recreation Department and a
other requesting group or agency. It would likely be a si
page published in December listing the events approved for the following year. The purpose of the calendar is to apF annual events as a group and establish their dates.
4. It says under Section 8.17.090 Surety and Insurance, the li
insurance requirement is in an amount determined by the Cit
Manager. Where does the Council's Policy figure into this?
One of the earlier drafts of this ordinance stated somethi
similar to, "The Risk Manager shall set the insurance requ
the source of the change, but it was felt that it was more
appropriate for the City Manager to set the insurance cove
based on Council Policy balanced against any special circu
in accordance to City Council Policy 37." I don't recall
R
db
-4-