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Staff Report
Meeting Date:
To:
From:
Staff Contact:
Subject:
Dec. 10,2019
Mayor and City Council
Scott Chadwick, City Manager
Sheila Cobian, City Clerk Services Manager
sheila.cobian@carlsbadca.gov or 760-434-2917
Adoption of Ordinance No. CS-365 Amending Carlsbad Municipal Code
Title 8, Chapter 8.17 Regarding Special Events, Adding Chapter 8.18
Regarding Expressive Activity Events and Waiving Applicable Park User
Fees
Recommended Action
Adopt Ordinance No. CS-365 amending Carlsbad Municipal Code Title 8, Chapter 8.17 regarding
Special Events, adding Chapter 8.18 regarding Expressive Activity Events and waiving applicable
park user fees.
Executive Summary /Discussion
Ordinance No. CS-365 was introduced and first read at the City Council meeting held on Nov.
19, 2019. On a motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn,
the City Council voted 3/1 (Hall-No) to introduce the Ordinance with the following amendment
proposed by City Council Member Schumacher to Section 8.18.020-Definitions, "Spontaneous
demonstration" means an expressive activity occasioned by news or affairs coming into public
knowledge less than seven or less days prior to the activity."
The second reading allows the City Council to adopt Ordinance No. CS-365 which will become
effective thirty days after adoption.
Fiscal Analysis
The exact fiscal impact is unknown but staff do not anticipate the need for additional staff
resources. If adopted, staff will monitor the ordinance's fiscal impact and report back to the city
council if additional resources are needed.
The ordinance waives any applicable park user fees for "spontaneous demonstrations" and
expressive activity events permitted under Carlsbad Municipal Code Chapter 8.18. Parks &
Recreation staff do not anticipate a substantial impact on department revenues due to the
historically low numbers of expressive activity events and park user fee amounts (for example,
ranging between $13-$23 per half hour for open space rental, with a two-hour minimum).
Next Steps
The city clerk will have Ordinance No. CS-365 or a summary of the ordinance published in a
newspaper of general circulation within fifteen days following adoption of the ordinance.
Dec. 10, 2019 Item #10 Page 1 of 22
Environmental Evaluation (CEQA)
Pursuant to Public Resources Code section 21065, this action does not constitute a "project"
within the meaning of CEQA in that it has no potential to cause either a direct physical change
in the environment, or a reasonably foreseeable indirect physical change in the environment,
and therefore, does not require environmental review.
Public Notification and Outreach
This item was noticed in accordance with the Ralph M. Brown Act and was available for viewing
at least 72 hours prior to the meeting date.
Exhibits
1. Ordinance No. CS-365.
Dec. 10, 2019 Item #10 Page 2 of 22
ORDINANCE NO. CS-365
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE TITLE 8, CHAPTER
8.17 REGARDING SPECIAL EVENTS, ADDING CHAPTER 8.18 REGARDING
EXPRESSIVE ACTIVITY EVENTS AND WAIVING APPLICABLE PARK USER FEES
WHEREAS, the city council wishes to protect the rights of the public to engage in protected free
speech activities and to establish the least restrictive and reasonable, time, place and manner
regulation of those activities; and
WHEREAS, although individuals and groups have the right to engage in expressive activities in
the city's public spaces, allowing unregulated access for such activities could easily reduce rather than
increase the effectiveness of the city's public spaces as a forum for speech; and
WHEREAS, groups engaging in expressive activities on city property, such as the city's public
parks, use facilities that would otherwise be available to the public for a variety of purposes such as
youth sports activities, and outdoor events that include weddings, baby showers, memorials, birthday
parties, and picnics; and
WHEREAS, only a portion of city park space is available for general, passive use because many
areas are dedicated to special uses such as playgrounds, tennis courts, basketball courts, baseball fields,
swimming pools, soccer fields, picnic facilities, and skateboard facilities; and
WHEREAS, the city regulates the use of its public spaces to protect the public peace, health, and
safety by regulating traffic, noise, aesthetics, and other impacts; and
WHEREAS, successful management of expressive activity events on city property requires the
dedication of public services and resources, such as from the city's police and park & recreation
departments, for staff oversight and additional facility maintenance; and
WHEREAS, successful management of expressive activity events on city property requires staff
confirmation that the events are compatible in size and type of use with the proposed event site,
considering factors such as the site's location, layout and facilities, that adequate city services are
available for the events, that the events won't interfere with the city's ability to provide services to the
entire community, and that impacts between competing uses of the public space are minimized; and
WHEREAS, the city council wishes to establish a streamlined permitting process for expressive
activities that balances the public's right to engage in such activities with the city's substantial interests
Dec. 10, 2019 Item #10 Page 3 of 22
in ensuring public peace, health, and safety on public streets, sidewalks and other public areas, and in
managing competing uses of city facilities by the public.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, does ordain as follows
that:
SECTION I: The above recitations are true and correct.
SECTION II: Carlsbad Municipal Code Chapter 8.17 is amended to read as follows:
Sections:
8.17.010
8.17.020
8.17.030
8.17.040
8.17.050
8.17.060
8.17.070
8.17.080
8.17.090
8.17.100
8.17.110
8.17.120
8.17.130
8.17.140
8.17.150
8.17.160
8.17.170
8.17.180
8.17.190
8.17.200
8.17.210
8.17.220
8.17.010
Purpose and intent.
Definitions.
Permit required.
Chapter 8.17
SPECIAL EVENTS
Exceptions to special event permit requirement.
Special events committee.
Application.
Fees.
Police protection and other emergency services.
Release and indemnification requirement.
Insurance requirements.
Signs.
Notification.
Reasons for denial of a special event permit.
Notice of denial of application.
Alternatives to permit application.
Appeal procedure.
Notice to city and other officials.
Special events calendar.
Contents of permit.
Violations.
Revocation of permit.
Severability.
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
Dec. 10, 2019 Item #10 Page 4 of 22
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.
8.17.020 Definitions.
Except where the context otherwise requires, for the purposes of this chapter, Chapter 8.17 et
seq., the following definitions apply:
"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.
"City manager" means the city manager or authorized designee.
"Demonstration" means any formation, procession or assembly of persons for the
purposes of expressive activity.
"Event" means a special event.
"Event organizer" means any person who conducts, manages, promotes, organizes, aids
or solicits attendance at a special event.
"Expressive activity" includes conduct, the sole or principal object of which is the
expression of opinion, views, or ideas. Expressive activity includes, but is not limited to,
public oratory and distribution of literature.
"Major event" means a special event that requires a traffic control plan for three or
more intersections of any street or requires a traffic control plan for a secondary arterial,
major arterial or a prime arterial.
"Minor event" means a special event that does not require a traffic control plan or that
requires a traffic control plan for two or fewer intersections and does not involve a
secondary arterial, major arterial or a prime arterial.
"Parade" means any march, procession or motorcade consisting of persons, vehicles or
a combination thereof, upon any street, sidewalk, public park, or other public area
within the city.
"Parks and recreation director" means the director of parks and recreation or authorized
designee.
"Permittee" means a person to whom a special events permit has been issued.
"Person" means any person, firm, partnership, association, corporation, company or
organization of any kind.
"Police chief" means the chief of police or authorized designee.
Dec. 10, 2019 Item #10 Page 5 of 22
"Private property permit" means a minor event administrative permit issued by the
community and economic 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.
"Public assembly" means any meeting, picket line, rally or gathering of any kind that
occupies any street, sidewalk, public park, or other public area within the city.
"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.
"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.
"Special event" means:
1. Any organized formation, parade, procession or public assembly
consisting of 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
2. Any commercial or noncommercial organized assemblage of 50 or more
persons at any public beach, public park, public water ways, street, or sidewalk
which is to gather for a common purpose under the direction and control of a
person; or
3. Any other organized activity conducted by a person for a common or
collective use, purpose or benefit which involves the use of, or has an impact on,
other public property or facilities and the provision of city public safety services
in response thereto;
4. Examples of special events include concerts, parades, circuses, fairs,
festivals, block parties, community events, fireworks, mass participation sports
(such as marathons and running events, bicycle races or tours, tournaments), or
spectator sports (such as football, baseball and basketball games, golf
tournaments, surfing contests or other water competitions).
5. Organized formations, parades, processions, public assemblies,
demonstrations and activities for which the principal purpose is expressive
activity are not included in this definition.
"Special event permit" means a permit as required by this chapter.
"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.
Dec. 10, 2019 Item #10 Page 6 of 22
8.17.030 Permit required.
No person shall engage in or conduct any special event unless a special event permit is issued
by the city manager or authorized designee.
8.17.040 Exceptions to special event permit requirement.
A special event permit is not required for any of the following:
A. Any organized activity within the scope of a conditional use permit, other land
use approval or a private property permit given or required for that use; or
B. Lawful picketing; or
C. Funeral processions by a licensed mortuary; or
D. 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 and economic development director, transportation director, fire chief, police chief,
housing and neighborhood services director, parks and recreation director and risk manager or
their designated representatives. The parks and recreation director will chair the committee.
B. The special events committee is charged with reviewing and providing
recommendations to the city manager regarding the approval or modification of an application
for 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 parks and recreation department. The parks and recreation director
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 90 days and not more than two years before the
special event is proposed to commence. The minimum 90-day notice requirement may be
waived by the parks and recreation director upon written finding that the limited scope of the
event, both in size and magnitude, allows it to be adequately reviewed in the time provided.
Dec. 10, 2019 Item #10 Page 7 of 22
C. The application for a special event permit shall set forth all of the following information,
if applicable:
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 acknowledgment 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), time(s), 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 16 square
feet and/or stand more than four feet above the ground,
I. Any travel routes,
m. Assembly or production areas,
n. Electrical sources and connections,
Dec. 10, 2019 Item #10 Page 8 of 22
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. lnflatable(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 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 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 through
42648.7;
17. Pollution prevention in compliance with city's municipal National Pollutant
Discharge Elimination System permit, city ordinances and the city "Jurisdictional Urban
Runoff Management Plan (JURMP)";
Dec. 10, 2019 Item #10 Page 9 of 22
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. Applicants for a repeated event held on private property (such as fireworks) may file
one annual special event application identifying the event dates for one calendar year.
8.17.070 Fees.
A. Major Event Fee. A nonrefundable 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 nonrefundable fee, as set forth in the schedule of service costs
approved by city council resolution, reasonably calculated to reimburse the city for its
reasonable and necessary costs in receiving, processing and reviewing applications for permits
to hold a minor event, must be paid to the City of Carlsbad when an application is filed.
C. If the application includes the use of any city facility and/or property, or if any city
services are required for the special event, the applicant must agree to pay for the services in
accordance with a schedule of service costs approved by city council resolution.
D. Third Party Fee. If the permittee provides for or allows third party vendors to participate
in the special event, the permittee shall pay an additional nonrefundable fee, as set forth in the
schedule of service costs approved by city council resolution, reasonably calculated to
reimburse the city for its actual and necessary costs in receiving, processing and reviewing the
application that includes third party vendors. The amount of the additional fee shall be
established by resolution of the city council and shall be based on whether the application is for
a major or minor event.
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 sale or
service of alcoholic beverages, the number of streets and intersections blocked off from use by
the public, and the need to detour or preempt pedestrian and vehicular travel from the use of
public streets and sidewalks. The police chief shall provide, if police protection and/or other
emergency and safety services or equipment is deemed necessary for the special event, an
estimate of the cost of extraordinary city services and equipment required in writing. The
applicant will be billed for services after the event.
B. When the police chief is determining the size of the event and the security needed to
protect participants and spectators, the estimate, based upon reasonably known information,
of participants shall be determinative. The numbers of persons attending in response to an
event, to heckle, protest or oppose the sponsor's viewpoint shall not be considered in the cost
of providing police protection.
Dec. 10, 2019 Item #10 Page 10 of 22
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 therefrom, 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, event organizer 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 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 16 square feet in sign area with a minimum letter size of four
inches;
2. Shall be posted on any street on which more than two intersections will be
closed, and any secondary arterial, major arterial, or prime arterial that will be closed as
a result of the special event;
3. Shall be posted a maximum of 15 days and a minimum of 10 days prior to the
scheduled closure; and
4. Shall be removed within two days following the conclusion of the event.
B. The permittee may post a maximum of eight signs that promote the event at locations
approved by the city manager. Event promotion signs shall meet the following conditions:
Dec. 10, 2019 Item #10 Page 11 of 22
1. The event promotion sign(s) shall not exceed 16 square feet in sign area;
2. Shall not be posted more than 16 days prior to the event; and
3. Shall be removed immediately but in no event more than two days following the
event.
C. The permittee shall post traffic control and/or directional signs the day or days of the
special event as required by the permit. Traffic control and/or directional signs shall meet the
following conditions:
1. The location of all traffic control and/or directional signs shall require approval
of the city manager; and
2. Traffic control and/or directional signs shall not be posted more than four hours
prior to the start of the special event and shall be removed not more than four hours
after the conclusion of the special event. Any sign(s) left out after four hours may be
removed by city staff and disposed of without compensation to event organizer.
D. The permittee for a special event permit may post signs and banners during the special
event at the special event venue.
1. All venue sign(s) with more than 16 square feet of sign area or signs that are
more than four feet above ground level shall be identified on the site plan.
2. Each venue signs and/or banners shall be less than 50 square feet of sign area.
E. Signs stating "no parking/tow away" shall be posted 72 hours in advance of the event
start time.
8.17.120 Notification.
A. The applicant for:
1. A first time major event;
2. A major event that has not been held for more than two years;
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 years; shall sponsor a meeting for all affected parties.
This meeting must be held not more than 180 days prior or less than 80 days prior to
the special event date. Affected parties must be notified by the applicant via the United
States Postal Service or by direct distribution to all affected parties of the meeting a
minimum of 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 parks and
recreation director may waive the minimum 80-day time limit for the affected party
meeting with a written finding of good cause if, after due consideration, the parks and
recreation director determines that because of the limited scope and complexity of the
Dec. 10, 2019 Item #10 Page 12 of 22
event when considering the application criteria, there will be adequate time for review
by and input of concerned affected parties.
B. The applicant for a major special event permit that is not subject to the notification
described in subsection A shall notify all affected parties of the event not more 40 days nor less
than 30 days prior to the special event date via the United States Postal Service or by direct
distribution to all affected parties. The notification shall contain information concerning the
event and information on how to contact the applicant and the special events committee before
and after the event.
C. All applicants for a special event permit shall notify via the United States Postal Service
or by direct distribution to all affected parties of the event not more than 15 days prior or less
than 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:
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.
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.
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.
Dec. 10, 2019 Item #10 Page 13 of 22
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 28 calendar days prior to the event. The applicant will
be notified within two working days of said determination.
If the city manager does not act on a special event application at least 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 ofthe special event at a date, time, location, or route different from that named by the
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
days after notice of the action of the city manager, file a written notice of acceptance with the
city manager.
Dec. 10, 2019 Item #10 Page 14 of 22
8.17.160 Appeal procedure.
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 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.
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 parks and recreation director will
send a notice thereof to the city manager, the city attorney, the police chief, the fire chief, the
utilities director, the community and economic development director, and the manager or
responsible head of each public transportation utility, the regular routes of whose vehicles will
be affected by the route or location of the proposed special event.
8.17.180 Special events calendar.
The city will maintain a special events calendar. Events will be registered on the special events
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 ofthe special event;
G. 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;
H. The location of reviewing or audience stands;
Dec. 10, 2019 Item #10 Page 15 of 22
I. A copy of the traffic control plan (TCP) and/or parking management plan
including the number and location of traffic controllers, monitors, other personnel and
equipment and barricades to be furnished by the special event permittee;
J. Conditions or restrictions on the use of alcoholic beverages and authorization for
the conditions of the exclusive control or regulation-Of vendors and related sales activity
by the permittee during the special event;
K. Provisions for any required emergency medical services;
L. The applicant's recycling plan;
M. The applicant's plan to control water run-off and other contaminates that may
enter the city storm drain system;
N. Provisions for cleaning-up and restoration of the area or route of the event both
during and upon completion of the event;
0. The requirement for the on-site presence of the event organizer or a designated
representative for event coordination and management purposes who shall carry the
special event permit upon his or her person during the special event.
8.17.200 Violations.
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 $1,000.00, or by imprisonment in
the county jail for a term not exceeding six months, or by both:
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 or less in thickness and
two inches or less in width, or if not generally rectangular in shape, such object may not
exceed three-fourths inch 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;
Dec. 10, 2019 Item #10 Page 16 of 22
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 therefor, shall be hand delivered or
mailed to the applicant at the address provided on the application.
8.17.220 Severability.
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held
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 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 any one or more sections,
subsections, sentences, clauses or phrases are declared invalid or unconstitutional.
SECTION Ill: Carlsbad Municipal Code Chapter 8.18 is added to read as follows:
Sections:
8.18.010
8.18.020
8.18.030
8.18.040
8.18.050
8.18.060
8.18.070
Purpose and intent.
Definitions
Permit Required
Application
Chapter 8.18
EXPRESSIVE ACTIVITY
Permit approval or denial
Administrative regulations.
Violations
Dec. 10, 2019 Item #10 Page 17 of 22
8.18.080 Severability
8.18.010 Purpose and intent.
Establish a streamlined permitting process for expressive activities that balances the public's
right to engage in such activities with the city's substantial interests in ensuring the public's
peace, health, and safety and managing competing uses of city facilities by the public.
8.18.020 Definitions.
Except where the context otherwise requires, for the purposes of this chapter, Chapter 8.18 et
seq., the following definitions apply:
"City manager" means the city manager or authorized designee.
"Demonstration" means any formation, procession, or assembly of persons for the purposes
of expressive activity.
"Event" means a parade or public assembly for the purposes of expressive activity.
"Event organizer" means any person who conducts, manages, promotes, organizes, aids or
solicits attendance at an expressive activity event.
"Expressive activity" includes conduct, the sole or principal object of which is the expression
of opinion, views, or ideas. Expressive activity includes, but is not limited to, public oratory
and distribution of literature.
"Expressive activity event permit" means a permit as required by this chapter.
"Parade" means any march, procession or motorcade consisting of persons, vehicles or a
combination thereof, upon any street, sidewalk, public park, or other public area within the
city.
"Police chief" means the chief of police or authorized designee.
"Public assembly" means any meeting, picket line, rally or gathering of any kind that
occupies any street, sidewalk, public park, or other public area within the city.
"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.
"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.
"Spontaneous demonstration" means an expressive activity occasioned by news or affairs
coming into public knowledge seven or less days prior to the activity.
"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.
"Risk manager" means the risk manager or authorized designee.
Dec. 10, 2019 Item #10 Page 18 of 22
8.18.030 Permit required.
A. An expressive activity event permit is required prior to conducting a demonstration or
other event with the principal purpose of engaging in expressive activity, where the activity
involves a gathering of 75 or more persons and any of the following:
1. The use of any public park or other public area; or
2. The use of any street or sidewalk in a manner that does not comply with normal
or usual traffic regulations or controls.
B. An expressive activity event permit is not required for a spontaneous demonstration
that meets the criteria of Section 8.18.030(A) if the event organizer provides at least four hours
prior notice to the police chief of the date, time, and location(s) where the event is to be
conducted, their contact information, and an estimate of the number of persons that will be
participating.
C. Regardless of whether an expressive activity event permit is required, all persons that
participate in an expressive activity event must comply with all applicable state and local laws
and regulations.
8.18.040 Application.
A. A person requesting an expressive activity event permit shall file an application on forms
provided by the city manager. The city will not process an incomplete application unless the
applicant obtains a waiver of applicable requirements.
B. The application for an expressive activity event permit shall set forth all of the following
information:
1. The name, address, email address and telephone number of the event organizer.
If the event organizer is a non-individual or corporate entity, the application must
identify an individual that will act as the primary contact for the event.
2. The date(s), time(s), and location(s) where the expressive activity is to be
conducted.
3. An estimate of the number of persons who will be participating in the event.
4. If the event requires full or partial street or sidewalk closures, the applicant shall
describe whether the event intends to occupy all or only a portion of the streets and/or
sidewalks proposed to be traveled.
5. Whether the event will involve the use of vehicles, animals, fireworks,
pyrotechnics or a sound-amplifying system.
C. The application shall be filed no later than two days before commencement of the event.
D. The city manager may waive any of the permit application requirements where
circumstances make it impractical or unnecessary to meet those requirements.
Dec. 10, 2019 Item #10 Page 19 of 22
8.18.050 Permit approval or denial.
A. The city manager shall act on all complete applications in the following manner:
1. In determining whether to approve or deny a permit under section
8.18.0S0(A)(2), or to impose conditions on a permit under section 8.18.0S0(A)(3), the
city manager shall not consider the message of the event, the content of the speech,
the identity or associational relationships of the applicant, or to any assumptions or
predictions as the amount of hostility which may be aroused in the public by the content
of the speech or message conveyed by the event.
2. After review of the application and receipt of all required documents, the city
manager shall issue the expressive activity event permit unless the city manager finds
that approving the permit would be contrary to the public peace, health, safety, or
welfare for one or more of the following reasons:
a. The event will unduly interfere with ingress to, or egress from, or travel
on a freeway or state designated highway;
b. The event requires a temporary street closure that will unduly interfere
with the orderly and safe movement of traffic or the provision of public services,
and the applicant is unable or unwilling to modify the event's scope, location,
date, time, or duration to minimize such impact;
c. Due solely to the number of event participants and their impact on
normal traffic or pedestrian flow, the event will require a significant diversion of
police officers such that police protection for other areas of the city may be
adversely impacted, and the applicant is unable or unwilling to modify the
event's scope, location, date, time, or duration to minimize such impact; or
d. The anticipated number of event participants would exceed the safe
capacity of the public park or other public area where the event is proposed.
3. The city manager may impose conditions on approval of the expressive activity
event permit as he or she determines to be reasonably necessary to protect the public
peace, health, safety, or welfare.
4. The city manager will act promptly on a timely filed and complete application.
The city's review of a complete application shall take no longer than 72 hours and the
city manager will make a determination not less than one calendar day prior to the
event. Any permit denial shall be made in writing.
B. An applicant has the right to appeal the denial of an expressive activity event permit to
the city council. The denied applicant shall use the following procedures:
1. The denied applicant must make the appeal within five 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.
Dec. 10, 2019 Item #10 Page 20 of 22
2. In the event that the city council denies an applicant's appeal, the applicant may
seek judicial review of the city council's decision pursuant to California Code of Civil
Procedure Section 1094.8.
8.18.060 Administrative regulations.
The city manager may adopt administrative regulations that are consistent with and that further
the terms and requirements set forth within this Chapter. All such administrative regulations
must be in writing.
8.18.070 Violations.
Conducting or participating in an unpermitted event for which a permit is required by this
chapter, where the person knows a permit has not been granted, will constitute an infraction
and shall be punished as provided for in Chapter 1.08 of this code.
8.18.080 Severability.
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held
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 it would have passed the ordinance codified in this chapter and each section, subsection,
sentence, clause or phrase contained in it irrespective ofthe fact that any one or more sections,
subsections, sentences, clauses or phrases are declared invalid or unconstitutional.
SECTION IV: The city council finds that the waiver of applicable park and facility use permit
requirements and park facility user fees for "spontaneous demonstrations" and expressive
activity events serves the public purpose of facilitating the expression of free speech on a
content-neutral basis by removing financial and logistical barriers associated with the public's
use of city park areas. The city council hereby waives any applicable park and facility use permit
requirements under Carlsbad Municipal Code section 11.32.030(18) and park facility user fees,
as reflected in the city's Parks and Recreation Master Fee Schedule, as it may be amended from
time to time, for "spontaneous demonstrations" and expressive activity events permitted under
Carlsbad Municipal Code Chapter 8.18.
Dec. 10, 2019 Item #10 Page 21 of 22
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 the full text of the ordinance or a summary
of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general
circulation in the City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 19th
day of November 2019, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 10th day of December 2019, by the following vote, to wit:
AYES: Blackburn, Bhat-Patel, Schumacher.
NAYS: Hall
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
&e&·~
CELIA A. BREWER, City Attorney
r ~/decl&r(rcmo,Ptpv'j
1tr BARBARA ENGLESON, City Clerk , C, fj
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Dec. 10, 2019 Item #10 Page 22 of 22