Loading...
HomeMy WebLinkAbout1998-07-14; City Council; 14768; Amend Code Pertaining To Special Eventsc . . , L - CITY OF CARLSBAD - AGEhiA BILL AB# /4,%?? m: DEPT. HD. MTG. ?I+ 98 ORDINANCE AMENDING SECTIONS 8.17.040 AND 8.17.160 PERTAINING TO SPECIAL EVENTS CITY Al-W. DEPT. CM CITY MGR- RECOMMENDED ACTION: Introduce Ordinance No. l\I < - LI SL amending Title 8, Chapter 8.17.040 and 8.17.160 of the Carlsbad Municipal Code. ITEM EXPLANATION: The Special Events Committee has requested that Chapter 8.17 of the Municipal Code be amended to allow those in violation of the Chapter to be charged with a Code infraction. The Code currently allows those violating the chapter to be found guilty of a misdemeanor. The amendment will give the City more flexibility in dealing with those who do not comply with special event permit conditions or Code regulations regarding special events. The proposed amendment also provides the City Manager with the authority to deny future special events permits to those who violate conditions of a permit. An amendment is also proposed to change Section 8.17.040, which establishes the membership and purpose of the Special Events Committee. The amendment is needed to reflect changes in the City’s organizational structure and the current Committee’s organization. EXHIBITS: 1. Ordinance No. N S y 4 5 Z 2. Redline version of ordinance showing revisions and/or deletions. 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 ORDINANCE NO. NS-452 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, SECTIONS 8.17.040 AND 8.17.160 PERTAINING TO SPECIAL EVENTS. The City Council of the City of Carlsbad, California does ordain as follows: SECTION I: That Title 8, Chapter 8.17 of the Cartsbad Municipal Code is amended by the amendment of Section 8.17.040 to read as follows: . 17.040 Special events committee . A special events committee shall be formed as follows: A. There is established a Special Event 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. SECTION II: That Title 8, Chapter 8.17 of the Carlsbad Municipal Code is amended by the amendment of Section 8.17.160 to read as follows: “8.17.160 Penalties for violation The penalty for violating any provision of this chapter or conditions of the permit may include any or all of the following: A. Any person(s) violating any provision of this chapter or conditions of the permit shall be 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 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 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.” P c , , 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 A. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to 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. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the day of , 1998, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of 9 1998, by the following vote, to wit: AYES: NOES: ABSENT: CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk A REDLINE/STRIKEOUT VERSION OF CHAPTER 8.17,§§ 8.17.040 AND 8.17.160. (Deletions are lined out and additions are italicized.) ‘1 .I 7.040 S-pecial events committw. A special events committee shall be formed as follows: A. There is established a Special Event Committee composed of the Assistant City Manager, Community Development Director, Public Wqtks Director C+ . v, Fire Chief, fi Police Chief and Risk Manager and . . 4 or their designated representatives. The Police Chief vr 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, and 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. “8.17.160 Penaltyjes for violatiotj The penalty for vioatiig any provision of this chapter or conditions of the permit may include any or all of the following: A. Any person(s) violating any provision of this chapter or conditions of the permit shall be 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 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 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.”