HomeMy WebLinkAbout2006-07-18; City Council; 18647; Regulation of special eventsCITY OF CARLSBAD - AGENDA BILL 12
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AB# 18.647
MTG. 7/11/06
DEPT. POL
TITLE: REGULATION OF SPECIAL EVENTS
REPEAL MUNICIPAL CODE 8.17 (Current)
ADOPT MUNICIPAL CODE 8.17 (New)
AMEND MUNICIPAL CODE 21.41.100
AMEND MUNICIPAL CODE 1.08.010
AMEND COUNCIL POLICY # 65
RECOMMENDED ACTION:
Introduce Ordinance No. NS-811 repealing, in its entirety, the current Carlsbad Municipal
Code Chapter 8.17 (Special Event Permit), adopting the new Carlsbad Municipal Code 8.17 (Special
Events), amending Carlsbad Municipal Code 1.08.010 (Penalty) to include specific violations (Holding
a Special Event without a permit, interfering with a Special Event and carrying potential weapons at a
Special Event) as misdemeanors, amending Carlsbad Municipal Code 21.41.100 (Permitted
Temporary Signs) and amending City Council Policy #65 (Signage Associated with Special Events) to
make sign regulations related to Special Events consistent within the Carlsbad Municipal Code and
City Council policies.
Adopt Resolution No. 2006-196, amending Council Policy 7/65
ITEM EXPLANATION:
Special Events are regulated by an ordinance that was originally designed to regulate parades.
Although the current Special Event Ordinance has been modified several times it does not completely
address contemporary Special Event issues. The new Special Event Ordinance is modeled after
similar Special Event Ordinances from other jurisdictions and includes; new application and approval
time lines, notification requirement for areas affected by an event, updated sign regulations, cost
recovery requirements, environmental requirements, freedom of expression guarantees, and
enhanced penalties for some violations.
The amendment to Carlsbad Municipal Code 1.08.010 (Penalty) makes the penalty portion of the
Carlsbad Municipal Code consistent with the Special Event portion of the Carlsbad Municipal Code.
Amendments to Carlsbad Municipal Code 21.41.100 (Permitted Temporary Signs), and Council Policy
#65 (Signage Associated with Special Events) makes the sign portion of those documents consistent
with Special Event portion of the Carlsbad Municipal Code.
Adoption of the new Special Event Ordinance, amendment to Carlsbad Municipal Code 1.08.010
(Penalty), amendment to Carlsbad Municipal Code 21.41.100 (Permitted Temporary Signs) and
amendment to Council Policy #65 (Signage Associated with Special Events) will permit the City to
continue to be a venue for safe and popular events that are not a burden to City resources or citizens
not involved in the event.
FISCAL IMPACT:
No fiscal impact is anticipated.
ENVIRONMENTAL REVIEW:
Pursuant to Public Resources Code section 21065 and CEQA Guidelines section 15738, this
amendment does not constitute a "project" within the meaning of CEQA and therefore, does not
require an environmental review.
EXHIBITS:
1. Ordinance No. NS-811. repealing, in its entirety, the current Carlsbad Municipal Code
Chapter 8.17 (Special Event Permit), enacting the new Carlsbad Municipal Code
Chapter 8.17 (Special events), amending Carlsbad Municipal Code 21.41.100
(Permitted Temporary Signs), and amending Carlsbad Municipal Code 1.08.010
(Penalty).
2. Resolution No. 2006-196. adopting changes to City Council Policy #65 (Signage
Associated with Special Events).
3. Strikeout-Underline Ordinance
4. Strikeout-Underline Council Policy #65
5. Revised Council Policy #65
DEPARTMENT CONTACT: Captain Mike Shipley 760 931-2218 mshiD@ci.carlsbad.ca.us
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2 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:
10 CHAPTER 8.17
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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
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
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
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)
15 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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4 (part), 1989)
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8.17.100 Staff and equipment cost recovery.14
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8.17.090 Surety and insurance.
(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
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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2 A permit for an event issued hereunder shall be suspended or revoked pending a hearing
by the city manager at any time:
(a) When he has reasonable cause to believe that the permit was issued in error or issued
3 in reliance on false or erroneous information;
(b) When he has reason to believe that the health, safety and welfare of persons or
4 property would be endangered because of real or threatened disaster, public calamity, riot
or other emergency.
5 Notice of such suspension or revocation shall be made in writing to applicant or permittee.
The suspension or revocation of the permit shall be final unless appealed to the city council
6 within ten days of the date of service of the written notice. 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)
8.17.150 Authority.
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8.17.140 Suspension or revocation of permit.
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
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;
(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,
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:
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.
(Ord. NS-148 § 1, 1991; Ord. NS-56 § 4 (part), 1989)
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
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
21 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)
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8.17.170 Severabilitv.
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, clause
unconstitutional. (Ord. NS-56 § 4 (part), 1989)
27 more sections, subsections, sentences, clauses or phrases be declared invalid or
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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,
(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 to
24 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
25 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 Permit" 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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No person shall engage in or conduct any Special Event unless a Special Event Permit is issued
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,
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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.
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,
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.
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
Redevelopment Director, Recreation Director and Risk Manager or their designated
representatives. The Police Chief will chair the committee.
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
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;
cc. location to accommodate individuals desiring to express opinions
not consistent with the purpose or intent of the Event; and,
dd. other similar information that will describe the components of the
26 Event;
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
management plan, consistent with standards set forth in the National Manual on Uniform Traffic
Control Devices or the California Supplement to the National Manual on Uniform Traffic Control
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calendar year.
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8.17.070 Fees.
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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. Provisions for 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;
A. Major 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 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
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accordance with a schedule of service costs approved by City Council Resolution.18
8.17.080 Police Protection and Other Emergency Services.19
A. The Police Chief will determine whether and to what extent additional police
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
21 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
22 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
23 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
23 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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sign area.
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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.
2. The application for the permit contains a material falsehood or
misrepresentation.
3. The applicant has failed to conduct a previously authorized Event in
accordance with law or the terms of a permit, or both.
5 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.
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 after24
8.17.160 Appeal Procedure.
notice of the action of the City Manager, file a written notice of acceptance with the City Manager.
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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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route or location of the proposed Special Event.
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8.17.180 Special Events Calendar.
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The City will maintain a Special Events Calendar. Events will be registered on the Special Events
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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
Calendar as "approved" or as "pending."
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;
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 and
19 barricades to be furnished by the Special Event Permittee;
L. conditions or restrictions on the use of alcoholic beverages and authorization for
20 the conditions of the exclusive control or regulation of vendors and related sales activity by the
Permittee during the Special Event;
21 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 his/her person during the Special Event.
8.17.200 Violations.
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:
(6
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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,
subsections, sentences, clauses or phrases are declared invalid or unconstitutional.
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SECTION 3: That Chapter 21.41 section
as follows:
100 of the Carlsbad Municipal Code is amended to read
CHAPTER 21 .41
SIGN ORDINANCE
Sections:
21.41.100 Permitted Temporary Signs
21.41.100 Permitted Temporary Sians
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
PERMIT
TYPE OF
DEVELOPME
NT AND
ZONE
j Projects
which are
junder
Construction -
all zones
r_
rReal Property
which is for
| rent, sale or
lease - all
zones
!
|
!
SIGNS PERMITTED BY TYPE OF DEVELOPMENT AND ZONE WITH A SIGN
TYPE OF
SIGN
Wall or
Freestanding
r
MAXIMUM
NUMBER OF
SIGNS
1 per project
Freestanding
sign
displayed on
the owner's
real property
or real
property
owned by
others with
their consent
(California
Civil Code
713)
1 per
property
MAXIMUM
SIGN AREA
PER SIGN
Residential
MAXIMUM
SIGN/LETTER
HEIGHT
5 feet above
Projects of 2 to average grade
10 units: 12
square feet
LOCATION
Must be
located on the
project site.
Residential 6 feet above May not project
Projects of
more than 10
units,
Commercial,
Office or
Industrial
Projects: 32
square feet
Residential
Projects of 2 to
10 units: 12
square feet
Residential
Projects of
more than 10
units,
average grade
5 feet above
average grade
6 feet above
average grade
Commercial,
Office and
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
illuminated.
2. Residential
Projects:
shall be
removed
Ifrom the
property
within one
Industrial
Properties: 35 j
square feet
year from the
issuance of
the first
building
permit or
within 15
days
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;
i ' j
) ! l 1! f !
i 1
i !
| j
i .
j !
I
[
; i
|
;
1
All Banner 1 per 30 square feet |
Commercial, ! establish-
Office and i ment j
Industrial >
zones
i
i
j
••
! :
All Banner or 1 per street 30 square feet
Commercial, 'Freestanding frontage ]
Office, and Signs with a
Industrial Temporary !
zones Seasonal \
{Sales
i Location \
; Perm it •
i ' "•
! ;
Any Public or ;Banner or limited to the 50 square feet
Private ;Freestanding number ]
Attached to
monument or
wall at the
establishment
location.
Must be
located on the
site of the
seasonal sales
event.
Limited to the Limited to the
sizes locations
|of when all i
.the properties
iare sold or no
i longer for
sale,
whichever
ioccurs first.
'Commercial ;
land
Office/Indus-
trial
Properties:
shall be
•removed
Ifrom the
building or
I 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
jwhen the
permanent
sign is
installed
Iwhichever
occurs first.
3. A city sign
Ipermit 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
itime
IT
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|Property with
a Special
! Events Permit
;(C.M.C.
Chapter 8.17)
;Signs [specified in
jthe Special
; Events
Permit.
Community iBanner or
Event at i Freestanding
Public |Signs
Parks/Recrea j
tional ;
Facilities I
specified in the
jSpecial Events
IPermit.
50 square feet
specified in
'the Special
Events
Permit.
specified in the
Special Events
Permit.
jPrivate ;
Property: Must j
be located on !
'the site of the j
'special event.
See city council iLimited to the
jPolicy "Signs 'duration of
Jon Public the event.
^Property."
(Ord. NS-606 § 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
PENALTY
Sections:
1.08.010 Designated
01.08.010 Designated
(a) Whenever in Chapters 6.03, 7.08, 8.12, 8.16, 8.44, 8.50,11.28 and 15.12, or as
specified in Sections 1.13.040, 5.10.130, 6.04.130, 8.17.200 A 1, 8.17.200 A 2, 18.17.200
A3,18.17.200 A 4 and 17.04.160 of this 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 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
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 declared to be
unlawful or a misdemeanor, the violation 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 conditional
sentencing and probation are authorized as a sentencing option in accordance with Penal
Code Section 1203(a).
(c) Each and every day during any portion of which any violation of this code or any
other ordinance of the city is committed, continued or permitted shall be 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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the 18th day of July , 2006, and thereafter.3
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad4
on the day of , 2006, by the following vote, to with:
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8 ABSENT:
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12 RONALD R. BALL, City Attorney
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on
NOES:
APPROVED AS TO FORM AND LEGALITY
CLAUDE A. LEWIS, Mayor
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16 ATTEST:
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LORRAINE M. WOOD, City Clerk
Exhibit 2
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RESOLUTION NO. 2006-196
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AMENDING CITY
COUNCIL POLICY # 65 TO MAKE CITY COUNCIL POLICY
AND THE CARLSBAD MUNICIPAL CODE CONSISTENT
REGARDING SIGNS AS THEY RELATE TO SPECIAL EVENTS.
WHEREAS, the City Council concurs that it is necessary to regulate signs that are
part of a Special Event; and
WHEREAS, the City Council recognizes that the recommended changes in
Chapter 8.17 will be inconsistent with City Council Policy #65, and amending City Council
Policy, Section Ten will result in consistency in regulations governing Special Event signing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, amends City Council Policy #65, Section Ten in its entirety to read as follows:
SECTION TEN: SIGNAGE ASSOCIATED WITH SPECIAL EVENTS
When the City allows a special event, the Special Event Committee shall approve the
location, number, duration of posting and content for "Road Closure Notification" and
"Traffic Control/Directional" signs as described in the Carlsbad Municipal Code. The
Special Event Committee shall approve the location, number and duration of posting for
"Promotional" signs as described in the Carlsbad Municipal Code.
Signs within the venue shall conform to size requirement and may only be posted during
the time authorized in the Special Event Permit.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of
the City of Carlsbad. California, held on the 18th day of July ,2006 , by the
following vote, to wit:
AYES: Council Members Lewis, Hall, ^ulc^n, Packard,
NOES: None
ABSENT: None
ATTEST:
LORRAINE M. WOOD, city cieYk
'K,ft>**
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ORDINANCE NO.
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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:
10 CHAPTER 8.17
11 SPECIAL EVENT PERMIT
Sections:
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EXHIBIT 3
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.
8.17.010 Special event defined.
8.17.020 Permit required.
8.17.030 Interference with
8.17.040 Special evont committoo
8.17.060 Permit application for sp«
8.17.060 Procedure for processing special evont permit applications
14 8.17.030 Interference with special event
15 8.17.060 Permit application for special ovont
"1R 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
8.17.160 Authority
8.17.160 Penalties for violation
8.17.170 Severability
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&47-.010 Special Event Defined.
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"CSpecial event" meano 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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(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
dice 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;
The conduct of the special event will not interfere with the movement of firefighting
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this chapter and any other chapter of this code applicable to the special event shall apply
which standards are:
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 evont 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 §
1 (part), 1989)
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8.17.030 Interference with special ovent.
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),
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8.17i040 Special events committeer
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.
NSSSg'l (part), 1989)
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3 must be submitted with any application which involves any traffic or parking variances. This
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less than sixty days before the date proposed for holding a special event. This time limit
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0 (1) Events which require approval from other jurisdictions or authorities will require8
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(2) Applications for a special event permit may not be filed prior to October 1st of the yeary
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.
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
(1) A traffic control plan consistent with California Department of Transportation standards
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
(b) An application for a permit for a special event shall be filed with the chief of police not
shall be waived when the application involves exercise of federal or state constitutionally
guaranteed rights.
concurrent application, review and approval.
preceding the event. Applications for a permit received between November 1st and
(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 § A (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.
1 3 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,16 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
.0 permit. The city manager shall consider the committee recommendations and shall grant,18 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)
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 to22 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 a90waiver of the right to such appeal. Such notice shall be filed with the city clerk. (Ord. NS-56
24 §1 (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
not be considered for the special event calendar. (Ord. NS-56 § 4 (part), 1989)28
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8.17.090 Surety and insurance
(a) Prior to the issuance of a permit, the special event committee shall require:
of a surety bond or cash in an amount sufficient to guarantee the cleaning up of the site and
3 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
4 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
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in minimum limits as set by Chapter 5.60 of this code;c (3) That the applicant execute a hold harmless agreement indemnifying the city for an;,
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 the8applicant 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 §
(part), 1080)
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8r47.100 Staff and equipment cost recovefVr
13 (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,14 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
I O equipment.
(b) Departments involved in a special event shall submit staffing and equipment costs to the
"1 fi city manager no more than fifteen days after the conclusion of a special event. (Ord. NS-56
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8.17.110 Reconsideration of application
The special event committee may reconsider all or part of an application for a permit, or any
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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),
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8r42-.120 Submission of alternate upon denial
If a permit has been denied because of a conflict of a date and/or hour for the proposed
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.
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NS 56 §1 (part), 1080)
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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.26
(Ord. MS 56 §4 (part), 1080)27
28 8.17.140 Suspension or revocation of permit.
A permit for an event issued hereunder shall be suspended or revoked pending a hearing
by the city manager at any time:
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be filed with tho city clork. (Ord. NS 56 § d (part), 1989)
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(a) When he has reasonable cause to believe that the permit was issued in error or issued
in reliance on false or erroneous information;
(b) When he has reason to believe that tho hoalth, safety and welfare of persons or
property would be endangered because of roal or threatened disaster, public calamity, riot
or other emergency.
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
such ten-day period shall constitute a waivor of the right to such appeal. Such notice shall
8.17.150 Authority.
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
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;
(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,
major arterial or prime arterial streets, or stroots on which more than five intersections
be closed, at least ten days prior to the dato of closure,
(2) A list of interested parties shall be established and shall include, but not be limited to:
North County Transit District, the California Highway Patrol, San Diego Gas and Electric
Company, and the local contract trash dicposal 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.
(Ord. NS-118 § 1. 1991; Ord. NS 56 § A (part), 1989)
15 8.17.160 Ponaltios 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 fino and imprisonment, and each such person
shall be guilty of a separate offense for oach and every day or portion thereof during which
any violation of any of the provisions of tho chapter is committed, continued or permitted.
(b) Any violation of this chapter or violations of conditions of a special events permit ma>
result in the denial by the city manager of a special events permit for future similar events.
(Ord. NS 452 § 2,1008: Ord. NS 56 § 1 (part), 1989)
22 8.17.170 Sovorabilitv.
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, claucos or phrases be declared invalid or
unconstitutional. (Ord. NS 56 § 4 (part). 1989)
SECTION 2: That Chapter 8.17 of the Carlsbad Municipal Code is reenacted in its entirety and
reads as follows:
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8.17.010 Purpose and Intent4
5 8.17.030 Permit Required
6 8.17.050 Special Events Committee
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CHAPTER 8.17
SPECIAL EVENTS
8.17.020 Definitions
8.17.040 Exceptions to Special Event Permit Requirement
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 Citv 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 Severabilitv
8.17.010 Purpose and Intent.
The Citv 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.18 However, the Citv 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 healthi y hazard impacts. The purpose and intent of this Chapter is to set forth reasonable regulations bv
establishing a process for permitting Special Events within the Citv. 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 anv adverse effects from Special Events while ensuring the orderly and efficient use of
22 public property and Citv 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
23 community. It is also the intent of the Council to protect the rights of citizens to enaaae in
protected free speech expression activities and vet allow for the least restrictive and reasonable.
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24 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.
25 8.17.020 Definitions.
26 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. "Citv Manager" means the Citv Manager or his authorized desianee.
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C. "Demonstration" means anv formation, procession or assembly of fifty (50) or more
persons which, for the purposes of Expressive Activity, is:
(\) to assemble or travel in unison on anv 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 anv 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. "Maior Event" means a Special Event that requires a traffic control plan for three (3
or more intersections of anv street or requires a traffic control plan for a secondary arterial, maior
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 (21 or fewer intersections and does not involve a
secondary arterial, maior arterial or a prime arterial.
I. "Private Property Permit" means an administrative permit issued bv 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 Citv services and are therefore not governed bv this Chapter.
J. "Permittee" means a person to whom a Special Events Permit has been issued.
K. "Person" means anv person, firm, partnership, association, corporation, company
or organization of anv kind.
L. "Police Chief means the Chief of Police or his authorized desianee.
M. "Sidewalk" means anv area or wav set aside or open to the general public for
purposes of pedestrian travel, whether or not it is paved.
N. "Sound-Amplifvina System" means anv 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:
fh anv organized formation, parader procession or assembly consisting of fifty
(50) or more Persons, and which mav include animals, vehicles or anv combination thereof.
which is to assemble or travel in unison on anv Street which does not comply with normal or usual
traffic regulations or controls: or.
(ii) anv commercial or non-commercial organized assemblage of fifty (50) or
more Persons at anv public beach, public park, public water wavs. Street, or Sidewalk which is to
gather for a common purpose under the direction and control of a Person: or.
(iii) anv 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 Citv public safety services in response thereto.
u'v) Examples of Special Events include concerts, parades, circuses, fairs,
festivals, block parties, community events, mass participation sports (such as. marathons and
running Events, bicvcle 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 Permit" means a permit as required bv this Chapter.
Q. "Spontaneous Demonstration" is an Event occasioned bv n
into public knowledge less than forty-eight (48) hours prior to such Event.
25 Q. "Spontaneous Demonstration" is an Event occasioned bv news or affairs coming
26 R. "Street" means anv place or wav set aside or open to the general public for
purposes of vehicular traffic, including but not limited to anv berm or shoulder, parkway, public27 parking lot, riaht-of-wav. alley or median.
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8.17.030 Permit Required.
No person shall engage in or conduct anv Special Event unless a Special Event Permit is issued
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bv the Citv Manager or his authorized desianee.
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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 anv of the following:
A. Anv 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.
(iil the Chief of Police is notified at least thirtv-six (36) hours in advance of the
commencement of the Demonstration: or.
C. Lawful picketing: or
D. Funeral processions bv a licensed mortuary: or.
E. Activities conducted bv a government aaencv acting within the scope of its
authority.
8.17.050 Special Events Committee.
A. The Special Events Committee shall be comprised of the Assistant Citv Manager.
Community Development Director. Public Works Director. Fire Chief. Police Chief. Housing and
Redevelopment Director. Recreation Director and Risk Manager or their designated
representatives. The Police Chief will chair the committee.
B. The Special Events Committee is charged with reviewing and providing
recommendations to the Citv Manager regarding the approval or modification of an application for
a Special Event Permit based upon the information reguired in the application with regard to
considerations of public safety, traffic flow and control, the disruption to residences and
businesses: availability of resources of Citv personnel and equipment to adeguatelv 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 Citv of their intent to not hold the Event or no
application has been received bv the Citv at the minimum application filing date.20
8.17.060 Application.
A. A person reguesting a Special Event Permit shall file an application, certified bv
affidavit on forms provided bv the Police Department. The Police Chief will forward the application
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to the Special Events Committee for review and recommendation to the Citv Manager.
B. The application shall be filed at least ninety (90) davs 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 thirtv-six (361 hours notice. The
25 minimum ninety (90) dav notice reguirement mav be waived bv the Police Chief upon written
finding that the limited scope of the Event, both in size and magnitude, allows it to be adeguatelv
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oc reviewed in the time provided./o C. The application for a Special Event Permit shall set forth all of the following
27 information, if applicable:
1. The name, address, e-mail address and telephone number of the applicant
and Event organizer and its officers:
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2. The names, addresses and telephone numbers of the headquarters of anv
organization for which the Special Event is to be conducted, and proof of the authorized
representatives of the oraanization:
3. An acknowledgement of financial responsibility for anv Citv fees or costs
that mav be imposed for the Special Event bv the applicant and anv 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 Citv of Carlsbad Business License or a CODV of a
document showing proof the applicant is a tax-exempt non-profit oraanization:
7. Proof of insurance required bv this Chapter:
8. The datefsV 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 standfsV
f, elevated platforms:
g. temporary pedestrian bridges:
h. tents or canopies:
L on-site grading:
i. 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. anv travel routes:
m. assembly or production areas:
n. electrical sources and connections:
o. fuel storage:
p. cooking and open fires:
g. 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 areafs):
x. anv vehicles located in an enclosed area:
v. pyrotechnics:
z. inflatable(sV.
aa. animals and animal rides:
bb. carnival rides:
cc. location to accommodate individuals desiring to express opinions
not consistent with the purpose or intent of the Event: and.
dd. other similar information that will describe the components of the25[LVCIIL.
^_. The location and description of all oftsite sions. banners or attention
26 getting devices:
11. A detailed traffic control plan (TCP) for a Maior Event and parking' '' I i in ir iin 11 ir-VI TIVMIITT TririiTiiri privirr ^ I Tf I ^^^jgj==ja-JJ.tJaj y I • T -yi I * VII I'M pr^ninil *a_
management plan, consistent with standards set forth in the National Manual on Uniform Traffic
Control Devices or the California Supplement to the National Manual on Uniform Traffic Control28Devices for all Streets. Sidewalks and parking lots which the Special Event will impact bv
restricting the public's normal, typical or customary use thereof:
12. The approximate number of participants, spectators, animals and vehicles'
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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 Citv
Streets. Sidewalks, or facilities:
42648.7:
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. Provisions for pollution prevention (In compliance with City's Municipal
National Pollutant Discharge Elimination System permit. Citv Ordinances
and the Citv "Jurisdictional Urban Runoff Management Plan" (JURMP^V.
18. A description of anv 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) mav
file one annual Special Event Application identifying the Event dates for one
calendar year.
8.17.070 Fees.
A. Maior Event Fee - A non-refundable fee, as set forth in the schedule of service
costs approved bv Citv Council Resolution, reasonably calculated to reimburse the Citv for its
reasonable and necessary costs in receiving, processing and reviewing applications for permits to
hold a Maior Event, must be paid to the Citv 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 bv Citv Council Resolution, reasonably calculated to reimburse the Citv for its
reasonable and necessary costs in receiving, processing and reviewing applications for permits to
hold a Minor Event, must be paid to the Citv of Carlsbad when an application is filed.
C. If the application includes the use of anv Citv facility and/or property, or if anv Citv
services are required for the Special Event, the applicant must agree to pav for the services in
accordance with a schedule of service costs approved bv Citv Council Resolution.
8.17.080 Police Protection and Other Emergency Services.
A. The Police Chief will determine whether and to what extent additional police
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
20 sale or service of alcoholic beverages, the number of streets and intersections blocked off from
21 use bv 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, an22estimate of the cost of extraordinary Citv services and equipment required in writing. The
applicant will be billed for services after the Event.23 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, ofr\A
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.
26 8.17.090 Release and Indemnification Requirement.
27 Permittee agrees to waive and release the Citv of Carlsbad and its officers, agents.
28 employees and volunteers from and aoainst anv 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 anv illness or iniurv resulting there from, and hereby agree to indemnify
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and hold harmless the Citv of Carlsbad from and against anv and all such claims, whether
caused bv negligence or otherwise, except for illness and iniurv resulting directly from gross
negligence or willful misconduct on the part of the Citv 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 coveraae(s) as
appropriate for the activities of the Eventl naming the Citv of Carlsbad as an additional insured.
and with a coverage amount to be determined bv 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 anv 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 reguirements established bv Citv Council Resolution for all insurance required bv
the Citv. The insurance policy reguired bv this section shall not be cancelled, limited or not
renewed without thirty (30) davs prior written notice has been given to the Citv.
8.17.110 Sions.
A. The Permittee shall post Street closure notification signs at locations approved bv
the Citv Manager which include the name of the Event, date, time and location of the closure and
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which:
1. Shall not exceed sixteen ("\Q) square feet in sign area with a minimum letter
size of four (41 inches:
2. Shall be posted on any Street on which more than two intersections will be
closed, and anv secondary arterial, maior arterial, or prime arterial that will be closed as a result of
the Special Event:
3. Shall be posted a maximum of fifteen (15) davs and a minimum of ten (10)
davs prior to the scheduled closure: and.
4. Shall be removed within two (2^ davs following the conclusion of the Event.
B. The Permittee mav post a maximum of four signs that promote the Event at
locations approved bv the Citv Manager. Event promotion signs shall meet the following
conditions:
sign area:20
1. The Event promotion sign(s) shall not exceed sixteen (16) souare feet in
2. Shall not be posted more than sixteen (16) davs prior to the Event: and.
3, Shall be removed immediately but in no Event more than two (2) davs
21 following the Event.
C. The Permittee shall post traffic control and/or directional signs the dav or davs of
22 the Special Event as reguired bv the Permit. Traffic control and/or directional signs shall meet the
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following conditions:23 1. The location of all traffic control and/or directional signs shall require
approval of the Citv 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 mav be removed bv
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„ citv staff and disposed of without compensation to Event organizer.2o D. The Permittee for a Special Event Permit mav 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 sion 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
sign area.
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8.17.120 Notification.
A. The applicant for:
1. A first time Maior Event:
2. A Maior Event that has not been held for more than two (2^ years:
3. A first time Event at a Citv facility that is not authorized bv Facility Use
Permit: or
4. An Event at a Citv facility that is not authorized bv 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 eiahtv (180) davs prior or less than eiahtv (SCO davs prior to the Special Event date.
Affected Parties must be notified bv the applicant via the United States Postal Service of the
meeting a minimum of ten (10) davs 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 mav waive
the minimum eiahtv (80) dav 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 bv and input of concerned Affected Parties.
B. The applicant for a Maior 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) davs nor
less than thirty (301 davs 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 bv direct distribution to all Affected Parties of the Event not more than fifteen M5) davs
prior or less than ten (10) davs prior to the Special Event date with information concerning the
Event and information on how to contact the applicant and the Special Events Committee before15
and after the Event.
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8.17.130 Reasons for Denial of a Special Event Permit.
A- The City Manager mav only deny a Special Event Permit to an applicant when anv
of the following applies:
1. The application for the permit (including anv attachments^ is not fullv
completed and executed.
2. The application for the permit contains a material falsehood or
misrepresentation.
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 bv the Citv and previously scheduled for the same place and time.
5. A fullv 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
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not reasonably permit multiple occupancy of the particular site or part thereof.24 6. The applicant has not complied or cannot comply with applicable federal,
state or local laws, regulations, ordinances or Citv Council policy.
7. The applicant has not tendered the reguired application, indemnification
agreement and endorsements, 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
-0 volunteers/staff to ensure the safety of the Event.zo 9. The applicant has not provided adequate sanitation and other reouired
health facilities on or adjacent to anv public assembly area.
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10. The applicant has not provided sufficient off-site parking or shuttle service,
or both, required to minimize anv adverse impacts on public parking and traffic circulation in the
vicinity of the Special Event.
11. The applicant has not obtained the approval of anv other public aaencv
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 anv period in a manner which will have adverse impact on the reasonable use or access to
those areas bv 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 anv 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 Citv.
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 Citv 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 Citv 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 davs prior to the Event. The
applicant will be notified within two (2) working davs of said determination.
If the Citv Manager does not act on a Special Event Application at least twenty eight (28} calendar
davs prior to the Event, the application shall be deemed denied.
8.17.150 Alternatives to Permit Application.
The Citv Manager, in denying an application for a Special Event Permit, mav authorize the
conduct of the Special Event at a date, time, location, or route different from that named bv the
applicant and shall propose alternative measures, which would cure anv defects in the application.
An applicant desiring to accept the modifications to the application will, within five (5) davs after
notice of the action of the Citv Manager, file a written notice of acceptance with the Citv Manager.
21 8.17.160 Appeal Procedure.
22 A. Anv applicant has the right to appeal the denial of a Special Event Permit to the
Citv Council. The denied applicant must make the appeal within five (5) davs after receipt of the
23 denial bv filing a written notice with the Citv Clerk and a copy of the notice with the Police Chief.
The Citv Council will act upon the appeal at the next regularly scheduled meeting following receipt24of the notice of appeal, which decision will be final.
B. In the Event that the Citv Council denies an applicant's appeal, the applicant shall
be afforded prompt Judicial review of that decision as provided bv California Code of Civil
„„ Procedure Section 1094.8.26
8.17.170 Notice to Citv and Other Officials.
OQ Immediately upon the issuance of a Special Event Permit, the Police Chief will send a copy/o thereof to the Citv Manager, the Citv Attorney, the Fire Chief, the Public Works Director, the
Community Development Director, the Recreation Director, (when permits are issued which
impact Citv parks and recreation facilities), the Postmaster, and the manager or responsible head
1 of each public transportation utility, the regular routes of whose vehicles will be affected bv the
route or location of the proposed Special Event.
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8.17.180 Special Events Calendar.
3
The Citv will maintain a Special Events Calendar. Events will be registered on the Special Events
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Calendar as "approved" or as "pending."
8.17.190 Contents of Permit.
Each Special Event Permit will contain the following information or conditions, which is pertinent to
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 anv.
and clean-up or dismantling area, if anv:
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 anv. and noise
limitations thereon:
I. the location of reviewing or audience stands:
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 eouipment and
barricades to be furnished bv 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 bv the
20
Permittee during the Special Event:
M. provisions for anv reguired emergency medical services:
N. the applicant's recycling plan:
O. the applicant's plan to control water run-off and other contaminates that mav enter
the Citv 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:19 Q. the reguirement 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 his/her person during the Special Event.
21 8.17.200 Violations.
22 A. Violations of the terms and conditions of anv of the following prohibitions in this
Chapter will constitute a misdemeanor punishable bv a fine of UP to $1.000. or bv imprisonment in23the county iail for a term not exceeding six months, or bv both:
1. To stage, present, or conduct anv Special Event without first having
obtained a permit under this chapter:
2 To hamoer obstruct impede or interfere with anv Special Event or with anv25 **' i«iiM|yyi ; •yyyy yy\; TI I iff vvrti-; yi iniyi iyi Y T vt vi if ^fjfff IVM »w T y rt-yr T¥HM VMIJ
person, vehicle or animal participating or used in the Special Event.
3. To carry anv sign. posterr plague, or notice, whether or not mounted on a
length of material, unless such sign, poster, plague, or notice is constructed or made of a cloth.
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paper, or cardboard material.
4. For anv person participating in anv Special Event to carry or possess anv
length of metal, lumber, wood, or similar material for purposes of displaying a sign, poster, plague
or notice, unless such object is one and one-fourth inch M 1/4^ or less in thickness and two inches
(2) or less in width, or if not generally rectangular in shape, such object mav not exceed three-
fourths inch (3/4) in its thickest dimension.
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B. Violations of the terms and conditions of anv of the following prohibitions in this
Chapter will constitute an infraction and shall be punished as provided for in Chapter 1.08 of this
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 anv condition of the permit:
3. For a participant in or spectator at a Special Event to knowingly violate anv
conditions or prohibitions contained in the Special Events Permit.
4, For anv 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
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designated as a Special Event.
5. The Police Chief mav 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 anv person to park or leave unattended anv vehicle in violation of the
posted signs.
C. The Police Chief mav. 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 mav revoke a Special Event Permit without prior notice upon violation of the
Permit or when a public emergency arises where the police resources reguired 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
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the revocation setting forth the reasons therefore, shall be hand delivered or mailed to the13
applicant at the address provided on the application.
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8.17.220. Severabilitv.
15
If anv section, subsection, sentence, clause or phrase of this Chapter is for anv reason held
invalid or unconstitutional bv the decision of anv court of competent Jurisdiction, the decision will
not affect the validity of the remaining portions of this Chapter. The Citv Council declares that it
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 anv one or more sections.
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subsections, sentences, clauses or phrases are declared invalid or unconstitutional.
19
SECTION 3: That Chapter 21.41 section 100 of the Carlsbad Municipal Code is amended to read
20
as follows:
21
CHAPTER 21.41
22
SIGN ORDINANCE
23 Sections:
21.41.100 Permitted Temporary Signs
25 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.
28
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TABLE C
TEMPORARY SIGNS PERMITTED BY TYPE OF DEVELOPMENT AND ZONE WITH A SIGN
PERMIT
TYPE OF [TYPE OF MAXIMUM
DEVELOPME SIGN NUMBER OF
NT AND SIGNS
ZONE |
[Projects [Wall or 1 per project
which are (Freestanding
lunder
[Construction -
all zones j
i
|
i
Real Property
which is for
rent, sale or
lease - all
zones
Freestanding 1 per
sign property
displayed on
the owner's
real property
or real
property
owned by
others with
their consent
(California
Civil Code
713)
i
i
|
MAXIMUM
SIGN AREA
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
Residential
Projects of 2 to
10 units: 12
square feet
Residential
Projects of
more than 10
units,
Commercial,
Office and
Industrial
Properties: 35
square feet
MAXIMUM
SIGN/LETTER
HEIGHT
5 feet above
average grade
.
6 feet above
average grade
5 feet above
average grade
6 feet above
average grade
LOCATION REMARKS
I
I
Must be 1 1. May not be
located on the
project site.
May not project
into the public
right-of-way.
May not project
into the public
right-of-way.
illuminated.
2. Shall be
removed
prior to
the granting
of a
Certificate of
Occupancy
by the city.
1 . May not be
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
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
*0
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i^__
Commercial,
Office and
Industrial
zones
1i
All
Commercial,
Office, and
Industrial
zones
Any Public or
Private
Property with
a Special
Events Permit
(C.M.C.
Chapter 8. 17)
Community
Event at
Public
Parks/Recrea
tional
Banner
•
Banner or
Freestanding
Signs with a
Temporary
Seasonal
Sales
Location
Permit
Banner or
Freestanding
Signs
Banner or
Freestanding
Signs
1 per
establish-
ment
1 per street
frontage
Himited to the
number
specified in
the Special
Permit.
30 square feet
Pquare feet
50 square feet
50 square feet
|
:
Limited to the
specified in the
Special Events
Permit.
Attached to
monument or
wall at the
establishment
location.
Must be
located on the
site of the
seasonal sales
event.
See city council
Pnlipv "^innpL
on Public
Property
Limited to the
locations
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."
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
specified in
the Special
Events
Permit.
Limited to the
duration of
the event.
WO
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3 SECTION 4: That Chapter 1.08 Section 010 of the Carlsbad Municipal Code is amended to
4 CHAPTER 1.08
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(Ord. NS-606 § 1 (part), 2001)
SECTION 4: Thi
read as follows:
Ch
PENALTY
Sections:
1.08.010 Designated
01.08.010 Designated
(a) Whenever in Chapters 6.03, 7.08, 8.12, 8.16, 8.44, 8.50,11.28 and 15.12, or as
specified in Sections 1.13.040, 5.10.130, 6.Q4.13Q. 8.17.200 A 1. 8.17.200 A 2. 18.17.200
A3. 18.17.200 A4 and 17.04.160 of this 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 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
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 declared to be
unlawful or a misdemeanor, the violation 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 conditional
sentencing and probation are authorized as a sentencing option in accordance with Penal
Code Section 1203(a).
(c) Each and every day during any portion of which any violation of this code or any
other ordinance of the city is committed, continued or permitted shall be a separate offense.
(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.
(f) This section shall supersede all other penalty sections in this code or any other
city ordinancos. (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; Ord. 1252 § 1, 1982; Ord. 1236 § 1, 1980)
27
HI I
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III I
1
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a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption.4
5
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on
6 the day of , 2006, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
o
Carlsbad on the day of , 2006, by the following vote, to with:
g
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11
12
13
19
20
21
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
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY14
15
16
17
18
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
22 LORRAINE M. WOOD, City Clerk
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Exhibit 4
CITY OF CARLSBAD Page 9 of 9
Policy No. 65 ,
COUNCIL POICY STATEMENT Date Issued 07/22/03
Effective Date 07/22/03
Cancellation Date .
Date Issued .
Supersedes No. .
General Subject: Signs on Public Property
Specific Subject:
SECTION TEN: SIGNAGE ASSOCIATED WITH USE OF PUBLIC PROPERTY FOR
SPECIAL EVENTS
When the City allows a special event, sponsored by a private entity, the City shall
state only the time, place, manner and quantity of signage allowed, and leave
decisions as to which signs may be displayed as part of the event to the private party
sponsor.
When the City sponsors a special event, public property may be used to promote
and identify the special event, but co sponsors, if any, shall be limited to commercial
entities and commercial sign messages only, the Special Event Committee shall
approve the location, number, duration of posting and content for "Road Closure
Notification" and "Traffic Control/Directional" signs as described in the Carlsbad
Municipal Code. The Special Event Committee shall approve the location, number
and duration of posting for "Promotional" signs as described in the Carlsbad
Municipal Code.
Signs within the venue shall conform to size requirement and may only be posted
during the time authorized in the Special Event Permit.
Exhibit 5
CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
General Subject: Signs on Public Property
Specific Subject:
Policy No.
Date Issued
Effective Date
Cancellation Date
Supersedes No.
65
Page 1 of 9
July 18. 2Q06
July 18._2QQ6_
65. dated 7/22/Q3
Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads,
Employee Bulletin Boards, Press, File
SECTION ONE: PROPRIETARY CAPACITY; CHANGES TO POLICY
In adopting this policy, the City Council acts in its proprietary capacity as to Public Property within the City. This Policy
Statement may be changed at a regular public meeting of the City Council.
SECTION TWO: INTENT AS TO PUBLIC FORUM
The City declares its intent that all Public Property in the City shall not function as a designated public forum,
unless some specific portion of Public Property is designated herein as a public forum of one particular type; in
such case, the declaration as to public forum type shall apply strictly and only to the specified area and the
specified time period, if any.
SECTION THREE: SIGNS MUST BE PERMITTED OR EXEMPTED
No "sign," as defined in the sign ordinance, may be displayed on Public Property, unless a Public Property Sign Permit
therefore has first been issued, or the subject sign is expressly exempted from the Public Property Sign Permit
requirement by this Policy Resolution or another applicable Policy Resolution.
All Public Property Sign Permits must be consistent with the policies stated herein. Any sign posted on Public
Property within the City, contrary to the policies stated herein, may be summarily removed as a trespass and a
nuisance by the City.
SECTION FOUR: TEMPORARY POLITICAL, RELIGIOUS, LABOR PROTEST AND OTHER
NONCOMMERCIAL SIGNS IN TRADITIONAL PUBLIC FORUM AREAS
This section applies only when the Special Events Chapter of the Carlsbad Municipal Code does not. In areas
qualifying as traditional public forums, such as streets, parks and sidewalks, persons may display
noncommercial message signs thereon without first obtaining a Public Property Sign Permit, provided that
their sign display on Public Property conforms to all of the following:
1. The signs must be personally held by a person, or personally attended by one or more persons. "Personally
attended" means that a person is physically present within five feet of the sign at all times.
2. The signs may be displayed only during the time period of sunrise to sunset.
3. The maximum aggregate size of all signs held by a single person is 10 square feet.
4. The maximum size of any one sign which is personally attended by two or more persons is 50 square feet.
5. The displayed signs may not be inflatable or air-activated.
6. In order to serve the City's interests in traffic flow and safety persons displaying signs under this section may not
stand In any vehicular traffic lane when a roadway is open for use by vehicles, and persons displaying signs on public
sidewalks must give at least five feet width clearance for pedestrians to pass by.
CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
General Subject: Signs on Public Property
Specific Subject:
Policy No.
Date Issued
Effective Date
Cancellation Date
Supersedes No.
65
Page 2 of 9
65. dated 7/22/03
Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads,
Employee Bulletin Boards, Press, File
SECTION FtVE: PUBLIC PROPERTY SIGN PERMITS; APPLICATION FORMS AND PROCEDURES
The Community Development Director shall prepare and make available to the public a form for Application for a Public
Property Sign Permit (Permit), which shall, when fully approved, constitute ^ Permit and indicate the City's consent, in its
proprietary capacity, for placement of a sign. The applicant for the permit must be the same person or entity who is to be
the owner of the sign. The processing fee for each application, which shall not be refundable even if the application ts
denied, shall be the same as the fee for a sign permit under the sign ordinance. To each application form shall be
attached a copy of this Policy Statement. The application form shall require the applicant to indicate that he or she has
received a copy of this Policy Statement, and that they shall abide by its terms, as well as any special terms or conditions
which may be stated on the Permit, and to abide by any new or different conditions which may be imposed on all
permittees who are similarly situated.
Any Public Property Sign Permit issued in error may be summarily revoked by any officer of the City, by simply
informing the applicant of the nature of the error in issuance; any applicant whose permit is revoked as issued
in error may, at any time thereafter, submit a new permit application which cures any deficiencies in the
original application. The application fee shall apply separately to each new application. Applications which
fully comply with the terms and conditions of this Policy Statement shall be duly issued. Applications which are
denied, or permits which are revoked or suspended, may be appealed in the same manner as denials of sign
permits, as described in the Sign Ordinance.
SECTION SIX: EXEMPTIONS FROM PERMIT REQUIREMENT
The following signs are exempted from the Permit requirement: Traffic control and traffic directional signs
erected by the City or another governmental unit; official notices required by law; signs placed by the City in
furtherance of its governmental functions; signs allowable under Section Four of this Policy.
SECTION SEVEN: PERMITS FOR A-FRAME SIGNS IN CARLSBAD VILLAGE REDEVELOPMENT AREA,
BEARING COMMERCIAL MESSAGES ONLY
1.INTENT AS TO PUBLIC FORUM
The areas and times controlled by this section are designated to constitute a limited access, non public forum
which is strictly limited to commercial messages, and which is open only to those persons described in this
section and on the terms stated in this section.
2.WHERE A-FRAMES MAY BE PLACED; PHYSICAL STANDARDS
" A-Frame" signs, as that term is defined in the sign ordinance, may be placed in particular portions of the
public right-of-way, within the Carlsbad Village area only, namely, on the public sideway directly in front of the
store or other establishment displaying the sign.
CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
General Subject: Signs on Public Property
Specific Subject:
Policy No.
Date Issued
Effective Date
Cancellation Date
Supersedes No.
65
Page 3 of 9
65. riateH 7/22/m
Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads,
Employee Bulletin Boards, Press, File
Such signs may have no more than 2 display faces, every display face shall be a flat, smooth surface, and
remain completely free of dangerous protrusions such as tacks, nails or wires however, cutouts of any shape
are allowed. Sign faces shall be back to back. No banners, ribbons, streamers, balloons, or attachments of
any kind may be affixed to the sign. The sign may not use any moving parts or include a display face which is
hinged, or which otherwise swings or hangs from a frame. No glass, breakable materials or illumination is
allowed. The signs shall be physically stable and balanced flat on the sidewalk. The sign must be self-
supporting, stable and weighted or constructed to withstand overturning by wind or contact.
All such signs may be placed in the permitted space on the public right-of-way only when the retail
establishment is actually open for business. The sign must be placed on the public sideway within the 2 feet
closest to the curb or edge of the sidewalk, directly in front of the business which owns the sign.
Each display face shall have a maximum area of 15 square feet, and shall not exceed 5 feet in height or 3 feet
in width. Changeable text area of the sign may not exceed 50% of the display face. No such sign may have
special illumination and the display portion may have no parts which move, flash, blink or fluoresce.
Fluorescent or "day glow" colors are not allowed. No paper or non-rigid changeable text areas are allowed.
The sign shall not be permanently affixed to any object, structure, or the ground, including utility poles, light
poles, trees or other plants, or any merchandise of products displayed outside permanent buildings.
At no time may the sign be placed In the street or in any position which impedes the smooth and safe flow of
vehicular and pedestrian traffic, or which interferes with driver or pedestrian sight lines or comer clear zone
requirements as specified by the City. No sign shall be placed in such a manner as to obstruct access to a
public sidewalk, public street, driveway, parking space, fire door, fire escape or access for persons with
disabilities. A clear area of at least 5 feet in width must be maintained for pedestrian use over the entire
length of the sidewalk in front of the business.
Signs shall not obscure or interfere with the effectiveness of any official notice or public safety device. Signs shall not
simulate in color or design a traffic sign or signal, or make use of words, symbols, or characters in such a manner as may
confuse pedestrians or drivers.
Every sign and all parts thereof shall be kept in good repair. The display surface shall be kept clean, neatly
painted, and free from dust, rust and corrosion. Any cracked, broken surfaces, missing sign copy or other
unmaintained or damaged portion of a sign shall be repaired or replaced or removed within 30 days following
notice by the City.
The copy on the sign must be strictly of a commercial nature, must not include copy or messages pertaining to
"noncommercial speech" as that term is defined in the Sign Ordinance, and must refer or pertain to goods,
activities or services which are actually available in the subject store at the time the sign is displayed.
CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
General Subject: Signs on Public Property
Specific Subject:
Policy No.
Date Issued
Effective Date
Cancellation Date
Supersedes No.
65
Page 4 of 9
65. dated 7/22/03
Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads,
Employee Bulletin Boards, Press, File
3.WHO MAY DISPLAY AN A-FRAME SIGN IN THE VILLAGE REDEVELOPMENT AREA
The A-Frame Signs allowed by this section may be displayed only by the operators of retail commercial
establishments with ground floor frontage on streets within the Village Redevelopment Zone, who hold a
currently valid City business license, who are not currently in violation of, or nonconformance with, any of the
zoning, land use, environmental or business regulatory laws, rules or policies of the City.
Each eligible business location is allowed a maximum of one A-Frame sign. However, when a business is
located within a business arcade or courtyard area, in which case only one "tenant directory" sign, which lists
all of the businesses within the arcade or courtyard, is allowed. The display area of the permitted A-Frame
sign shall not count as part of the total signage for the business, which is allowed under the Sign Ordinance.
4.TRANSFER OF PERMIT
The Permit attaches to the business at the location specified. If the business is sold or transferred, and
remains at the same location, then the Permit shall automatically transfer to the new owner or transferee, who
shall be bound to the terms and conditions of the original Permit. However, if the business which first obtained
the Permit moves to a different location, or if the location is then taken by a new business, a new application
and Permit shall be required.
5. TERM OF CONSENT INDICATED BY PERMIT; REVOCATION AND RENEWAL
The Permit is revocable or cancelable at will by the City. However, the City will cancel a Permit without cause
only when it does so to all permittees who are similarly situated. Any Permit may be revoked for
noncompliance, 30 calendar days after notice of noncompliance remains uncured, or in the case of a
noncompliance condition which constitutes a threat to the public health, safety or welfare, summarily. When a
Permit is revoked, the owner of the sign must physically remove it from the public right of way within 24 hours
of notice of revocation; upon failure to do so, the City may summarily remove the sign and hold it in storage
until all costs of removal and storage are paid by the sign owner, upon which condition the sign shall then be
returned to its owner. There is no guarantee that the City will continue the policy stated herein. Permittees
hold no expectation of renewal of any given Permit, acquire no vested right to continue displaying the sign on
public land, and waive all claims of inverse condemnation (uncompensated taking of private property) as to the
permitted sign, when they submit the original application.
6.TEMPORARY REMOVAL
The City may give notice, by any reasonable means, that consent to display an A-frame is or shall be
withdrawn temporarily so as to serve a more urgent or more important public need, such as, without limitation,
dealing with a natural disaster, a traffic emergency, a temporary need to make more space available on the
public right-of-way, a civil disturbance, a parade, an election, or other special event. In urgent situations, the
CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
General Subject: Signs on Public Property
Specific Subject:
Policy No.
Date Issued
Effective Date
Cancellation Date
Supersedes No.
65
Page 5 of 9
65, dated 7/22/03
Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads,
Employee Bulletin Boards, Press, File
City may summarily remove a permitted sign without notice, for a time sufficient to deal with the urgency. All
permittees shall comply with all notices to temporarily remove the permitted signs, and to return them to
display only in accordance with the City's directions.
7.INSURANCE AND INDEMNITY
A Permit under this section will be issued only to an applicant who provides evidence of comprehensive general liability
Insurance coverage, in a form satisfactory to the Community Development Director, which shall name the City as an
additional insured and provide thirty-day notice of cancellation. The minimum liability coverage on such policy shall be one
million dollars; such coverage shall apply to claims of personal Injury Including death, property damage and advertising
injury. Application for a Permit shall constitute an agreement to hold harmless, defend and indemnify the City against all
claims relating to property damage or personal injury, including death, which assert that the permitted sign played any
legally significant role in the creation of the liability.
3. CANCELLATION OR MODIFICATION OR PROGRAM
The City may, at any time and for any reason, cancel or modify this program allowing commercial A-Frame
signs in the public right-of-way in the Village Redevelopment Area.
SECTION EIGHT: REAL ESTATE FOR SALE "KIOSK" SIGNS IN PARTICULAR LOCATIONS
1.INTENT AS TO PUBLIC FORUM
The City's intent as to this section is to designate a strictly limited public forum, which allows only the posting
in convenient places of directional information regarding tract housing developments which are currently
selling homes located within the City.
2. KIOSK SIGNS FOR NEW TRACT HOUSING DEVELOPMENTS
Kiosk signs are permanent freestanding structures, not exceeding 10 feet in height, 7 feet in width, which
contain modular information strips, not exceeding 10 inches in height, 6 feet in width, providing information
about tract housing developments (of more than 4 units) which are currently selling new homes located within
the City. Such signs may display only the following information: the name of the development, developer
and/or marketer thereof, and the direction to the development from the sign.
Each kiosk will have "City of Carlsbad" and the city logo displayed in a prominent location on the sign.
One kiosk design will be utilized throughout the city. This kiosk design is on file in the Planning Department. All
tract housing development signs mounted on the kiosks shall be the same design and shall be white wood
with black reflective lettering. Letters shall be consistent in size, width and thickness of print. Letters shall be
all upper case letters not more than 6 inches in height.
CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
General Subject: Signs on Public Property
Specific Subject:
65
Page 6 of 9
Policy No.
Date Issued -
Effective Date _____________
Cancellation Date """
Supersedes No. 65. dated 7/22/03
Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads,
Employee Bulletin Boards, Press, File
Individual tract housing development directional signs shall be approved by the Planning Director prior to
mounting on a kiosk to ensure compliance with this section. In no case shall a sign be mounted on a kiosk
before building permits have been issued for the model homes.
There shall be no additions, tag signs, streamers, devices, display boards, or appurtenances added to the sign
as originally approved. Further, no other off-site directional signing may be used such as posters, trailer signs
or temporary subdivision directional signs.
Any sign placed contrary to the provisions of this section may be removed by the city without prior notice.
Each approved tract housing development may have up to a maximum of 8 directional signs. Upon approval
by the Planning Director, directional signs shall be permitted until the homes within the housing development
are sold or for a period of one year, whichever comes first. Extensions not exceeding one year may be granted
by the Planning Director.
A neighborhood shall not be allowed any directional kiosk signs if there are any other offsite signs advertising
the housing development anywhere in the City. If any advertising signs are erected and not promptly removed
upon demand by the city, all kiosk signs for that subdivision shall be removed, the lease cancelled and no
refund given.
3. PRIVATE CONTRACTOR FOR MANAGEMENT OF THE KIOSKS
The City may enter into a contract with a private contractor to design, erect, modify, replace, maintain and
manage the kiosk signs allowed by this section. Such contract must be approved by the City Council, and
may require that the contractor pay to the City a rent or royalty on advertising revenues. All the terms of said
contract, and all payments to the City hereunder, shall be public information.
4.INSURANCE REQUIREMENT
In the event the City selects a private party contractor to manage the kiosks, the City may require the private
party contractor to provide evidence of comprehensive general liability insurance coverage, in a form
satisfactory to the Community Development Director, which shall name the City as an additional insured, and
provide 30-day notice to the City of cancellation. The minimum liability coverage on such policy shall be one
million dollars. Any private party contract must include a provision for the contractor to hold harmless, defend
and indemnify the City against all claims relating to property damage or personal injury, Including death, which
assert that the kiosk sign played any legally significant role in the creation of the liability.
CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
General Subject: Signs on Public Property
Specific Subject:
Policy No.
Date Issued
Effective Date
Cancellation Date
Supersedes No.
65
Page 7 of 9
65. dated 7/22/03
Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads,
Employee Bulletin Boards, Press, File
5.ALLOWABLE LOCATIONS
The kiosks allowed by this section may be located only as shown on Attachment A.
SECTION NINE: TEMPORARY POLITICAL SIGNS IN THE PUBLIC RIGHT OF WAY DURING CAMPAIGN
PERIODS
1.INTENT AS TO PUBLIC FORUM
In this section only, the City's intent is to designate a public forum which is available only at limited times and
places for sign expression on political and other noncommercial topics, absolutely without favoritism as to any
speaker, topic or point of view. The display opportunities afforded by this section are in addition to those in the
Sign Ordinance which allow noncommercial speech at all times.
2.TEMPORARY CAMPAIGN SIGN PERMIT; APPLICATION FORMS AND PROCEDURES
The procedure for the approval of a temporary campaign sign permit is as follows:
• The zoning enforcement officer shall notify candidates and/or their state/local campaign committee
chairpersons for national, state, local or county office and chairpersons of campaign committees for or
against any measure appearing on the ballot for a statewide, local or county election of the temporary
campaign sign requirements as provided herein.
Prior to the posting of any temporary campaign signs, the candidate, the chairperson of a campaign
committee or any other person designated by the candidate or chairperson who is responsible for the posting of
said sign, shall obtain a temporary campaign sign permit. The permit, on a form prescribed by the community
development director or his deslgnee, shall include the name, address and phone number of the candidate or
campaign chairperson and any person responsible for the posting of signs. The permit shall be signed by the
candidate, chairperson or person responsible for the posting of the signs.
• A nonrefundable processing fee, in an amount established by City Council, shall be paid at the time
the application for the permit is made. The fee shall be used to defray the cost of issuing the permit
and administering. These fees apply to all signs, which may be displayed under this section for the
relevant period, and shall not be assessed on a per sign basis.
• A refundable deposit, in an amount established by City Council, shall be paid at the time the permit is
issued. This deposit shall be refunded to the permittee within 5 days after the removal of the
permittee's temporary campaign sign or signs. If the permittee does not remove the signs they may be
removed by the Community Development Director or designee without further notice. The deposit may
be used to defray the cost of removal. The Community Development Director or designee may also
charge any expense incurred hereunder to the permittee. Any candidate or campaign committee which
CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
General Subject: Signs on Public Property
Specific Subject:
Policy No.
Date Issued
Effective Date
Cancellation Date
Supersedes No.
65
Page 8 of 9
65. dated 7/22/Q3
Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads,
Employee Bulletin Boards, Press, File
3.
is able to show financial inability to pay the refundable deposit may request a waiver from the City
Council.
The Community Development Director or deslgnee is authorized, after giving 2 days written notice to
the person or persons who signed the sign permit, to remove any temporary campaign signs that do
not conform to the standards herein provided. The cost of such removal may be charged to the
permittee.
TIME PERIOD
The signs allowable under this section may be displayed only during the period of time 45 days proceeding
and 10 days following a general, special or primary election. All political and other noncommercial message
signs must be removed from public property, by the permittee or his/her designee, not more than 10 days after
the election.
4.LOCATIONS
This section allows the display of signs expressing political or other noncommercial messages. The signs
allowable under this section may be placed in the public right-of-way adjacent to a public street in
commercially or industrially zoned areas or in residentially zoned areas along prime or major arterials as
shown in the Circulation Element of the General Plan.
5.PERSONS WHO MAY RECEIVE A PERMIT UNDER THIS SECTION
Any person who will abide by the terms and conditions of this section may receive a permit. Removal,
defacement, alteration, obliteration, destruction or tampering with signs permitted under this policy without the
permission of the owner is prohibited. Such signs may not be placed in such a manner as to obscure or cover,
in whole or in part, any other sign permitted under this section.
6.PHYSICAL REQUIREMENTS
Signs which are allowable under this section may not exceed 6 square feet in display area, must be made of
materials and construction methods to withstand normal weather conditions for the period of display, and
mounted in such a manner that they will not be blown away or dislodged by normal weather and climate
conditions for the area. Each sign must be mounted at least 1 foot above grade, and no higher than 6 feet
above the grade. Permitted signs may not be specially illuminated.
No sign shall be:
• attached to any utility pole, bus bench, pole or structure supporting a traffic control sign or
device, or hydrant.
CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
General Subject: Signs on Public Property
Specific Subject:
Page 9 of 9
65Policy No.
Date Issued
Effective Date
Cancellation Date
Supersedes NO. 65. dated 7/22/Q3
Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads,
Employee Bulletin Boards, Press, File
7.
placed on any tree or shrub by any nail, tack, spike or other method which will cause physical
harm to the tree or shrub.
placed in such a manner as to obstruct the public use of the sidewalk or interfere with the
visibility of persons operating motor vehicles or constitute a hazard to persons using the public
road right-of-way.
placed in the roadway or on the sidewalk.
Placed in the portion of the public right-of-way or easement past the sidewalk without the
consent of the adjoining property owner or person in possession if different than the owner.
REMOVAL OF NONCONFORMING SIGNS
Signs which do not conform to this section or any permit issued under this section shall be summarily
removed by the City upon discovery of the nonconformance.
SECTION TEN: SIGNAGE ASSOCIATED WITH SPECIAL EVENTS
When the City allows a special event, the Special Event Committee shall approve the location,
number, duration of posting and content for "Road Closure Notification" and "Traffic
Control/Directional" signs as described in the Carlsbad Municipal Code. The Special Event Committee
shall approve the location and duration of posting for "Promotional" signs as described in the Carlsbad
Municipal Code.
Signs within the venue shall conform to size requirement and may only be posted during the time
authorized in the Special Event Permit.
SECTION ELEVEN: USE OF PUBLIC LAND FOR BANNERS
Banners may be placed by the City on Public Property in the public right-of-way only in the Village
Redevelopment Area.
ATTACHMENTA
Council Policy No. 65
KIOSK LOCATIONS
1
CARLSBAD
MUNICIPAL CODE
8.17
“Special Events Ordinance”
Carlsbad Municipal Code 8.17
Approve Ordinance NS-811
Repealing Current Municipal Code 8.17
Adopting New Municipal Code 8.17
Amending Municipal Code 1.08.010 (penalties)
Amending Municipal Code 21.41.100 (signs)
Approve Resolution 2006-196
Amending Council Policy #65 (signs)
2
Citizens Concerns
Frequency of special events
No initial input from our citizens and local businesses affected by special events
Outreach
Meetings were held at the start of the process to
understand concerns from promoters and citizens
Every applicant that had a special event in the past two
years was sent a draft copy of the ordinance
Two town hall-type meetings were held to hear concerns
3
Changes Implemented
Full-Time Special Events Coordinator hired
Revised City Schedule of Service Fees to allow for
direct recovery costs
Major Changes
Application Time Lines
Notifications
Sign Regulations
Fees
Environmental Concerns
Freedom of Expression
Violations and Penalties
Approval Deadline
Other Changes
4
Application Time Lines
Maximum – 2 Years
Minimum – 90 days
Notifications
First time Major Events
A Major Event is described as one that requires a traffic control
plan for three or more intersections
May be required for a “new” event at a City Park
Applicant to host an “affected party” meeting between 80 days
and 180 days of the event
5
Notifications
Major Events
Requires distribution of information by U.S. Mail between 30
days and 40 days before the event
Requires additional distribution of information by U.S. Mail or
by direct distribution between 10 days and 15 days before the
event
Other Events
Requires distribution of information by U.S. Mail or by direct
distribution between 10 days and 15 days before the event
Notifications
Special Event Calendar on City’s web site
Street closure notification signs
Promotional signs
Other affected governmental jurisdictions
6
Sign Regulations
Road Closure notification signs
Promotional signs
Traffic Control and Directional signs
Venue signs (during event only)
Fees
City of Carlsbad Schedule of Service Fees
Application fee
Applicant to pay for City services
7
Environmental Concerns
AB 2176 mandated recycling requirements
Storm water run-off controls
Freedom of Expression
Allows for spontaneous events held in reaction to
current issues
8
Violations and Penalties
Acts can be charged as a misdemeanor
Holding an event without a permit
Obstructing or interfering with an event
Carrying potential weapons during an event
Approval Deadline
Approval/Denial of a Special Event no later than 28
days before the day of the event
Appeal process available
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Other Changes
Amend Municipal Code 1.08.100 (penalty regulations)
Amend Municipal Code 21.41.100, Table C (signs)
Amend Council Policy #65 (signs)
Recommended Action
If Council concurs:
Approve Ordinance NS-811
Repealing Current Municipal Code 8.17
Adopting New Municipal Code 8.17
Amending Municipal Code 1.08.010 (penalties)
Amending Municipal Code 21.41.100 (signs)
Approve Resolution 2006-196
Amending Council Policy #65 (signs)
10
Questions?
Carlsbad Police Department