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HomeMy WebLinkAbout38.133 ORDINANCE NO. 38. 133 AN ORDINANCE OF THE CITY OF SARATOGA AMENDING ARTICLE IH IN CHAPTER 13 OF THI~ CITY CODE PERTAINING TO SPECIAL EVENT PERMITS The City Council of the City of Saratoga does ordain as follows: SECTION l: Article III of Chapter 13 of the City Code is hereby repealed and the following Article is hereby adopted in place thereof: "ARTICLE Ill SPECIAL EVENT PERMITS Sections: 13-9 Definitions 13-10 Permit required; prohibited activity 13-1i Application for permit 13-12 Investigation of application 13-13 Factors to be considered in granting or denying a permit 13-14 Permit for single event only 13-15 Contents of permit 13-15.1 Insurance 13-15.2 Clean up deposit 13-15.3 Security and traffic control expenses 13-15.4 Waiver of requirements 13-15.5 Transferability of permit 13-15.6 Revocation of permit 13-15.7 Violations of Article; penalties *** Sl~]-9 Definitions For purposes of this Article, the following words shall have the meanings respectively ascribed to them in this Section, unless the context or the provision clearly requires otherwise: (a) Parade means a march, procession, motorcade or walk upon any public highway, street, alley or sidewalk in the City. The term "parade" as used in this Article, does not include a funeral procession consisting of a single direct movement from a mortuary or church to a place of burial. (b) Footrace means an event generally bpen to members of the public and sponsored by a person, organization or group, wherein the participants run or jog following an established route over public higways, streets, alleys or sidewalks within the City. 3/19/85 -1- (c) Festival means a fair, exhibition, ceremony, art show, program, celebration or other public assemblage of people for the conduct of a festivity, involving the complete or partial use or closure of any public highway, street, alley, sidewalk or other public property in the City to normal vehicular or pedestrian traffic. (d) Special event means a parade, footrace or festival, as such terms are defined in this Section. SI3-10 Permit required; prohibited activity (a) No person shall hold, conduct, carry on or cause to be held, conducted or carried on any special event in the City without first having obtained from the City Council a permit to do so issued pursuant to this Article. (b) No person may engage in any of the following activity: (1) Participate in a special event for which a permit has not be issued. (2) Participate in a permitted special event in violation of the terms of the permit. (3) Participate in a permitted special event without the consent of the permittee. (4) Interfere with the orderly conduct of a permitted special event. $13-11 Application for permit (a) Applications for a permit to conduct a special event shah be filed with the Director of Community Services at least ninety days in advance of the proposed event, unless permission is granted by the City Council to file the application within a shorter period of time. (b) The application shall contain the following information: (1) Name, address and description of the sponsor for the event, together with the name, address and telephone number of the contact person representing such sponsor. (2) Description of the nature, and purpose of the special event to be conducted. (3) Estimated number of participants and, if a parade, the number and types of vehicles, floats, bands, marching units and animals to participate. (4) Date of the event and the hours during which it will be conducted. (5) Proposed route or area to be occupied and a statement as to whether the special event will occupy all or only a portion of the streets on which the event will be conducted. 3/19/85 -2- (6) Proposed method of handling vehicular and pedestrian traffic, including routes over which any traffic is to be diverted. (7) Proposed sanitary facilities, if any arc to be used, including toilet facilities, and the proposed method of sewage and refuse disposal. (8) If food is to be sold or otherwise distributed, the procedure to be followed in the handling and preparation of such food. (9) Number, types and locations of all loudspeakers or other sound amplifying devices to be used. (10) Method of notifying participants prior to the event of the terms and conditions of the permit. (ll) Such other information as reasonably requested by the Director of Community Services pertaining to the manner in which the proposed event will be conducted. (c) The application shall be accompanied by the payment of a nonrefundable processing fee in the amount of Fifty Dollars, or such other amount as may be established from time to time by resolution of the City Council. ~13-12 Investigation of application (a) The Director of Community Services shall transmit a copy of the application for review and comment by such of the following persons and agencies who may have jurisdiction over the event: (1) The County Sheriff. (2) The Chief of each fire district in which the event will be conducted. (3) The County Transit Agency. (4) The State Highway Patrol. (5) The State Department of Transportation. (6) The County Health Department. (7) The City Community Service Officers. The foregoing persons and agencies shall be requested to indicate on the application that the proposed permit is either approved or disapproved or approved subject to specified conditions, and to return the application to the Director of Community Services within twenty days. (b) Upon receipt of the comments and recommendations from the persons and agencies referred' to in Paragraph (a) of this Section, but in no event later than thirty days after the date the application is filed, the Director of Community Services shall 3/19/85 -3- cause the application to be agendized for hearing and determination by the City Council. S13-13 Pactors to be considered in granting or denying a permit In determining whether a permit should be issued, the City Council shall consider the following factors: (a) Whether the special event will disrupt to an unreasonable extent the movement of other traffic or ereate any safety hazard as a result of such other traffic being stopped or diverted. (b) Whether sufficient police services can be provided to assure proper traffic control and the orderly conduct of the special event. (e) Whether the streets, roads and highways over which the special event will travel or on which it will be conducted are of sufficient size and construction to safely accommodate the number of participants and the size, height and weight of any vehicles, floats, equipment or animals participating in the event. (d) Whether the special event will interfere with any other public events to be conducted on the same day. (e) Whether the special event is likely to cause injury to persons or property or ereate an unreasonable disturbance of the peace. $13-14 Permit for single event only Only one special event shall be held, conducted or carried on under a single permit issued pursuant to this Article. S13-15 Contents of permit Permits issued pursuant to this Article may contain such conditions as deemed by the City Council to be necessary or appropriate for the orderly and safe conduct of the event, including, but not limited to, the following: (a) Starting and ending times. (b) In the case of a festival: (1) The streets on which the festival will be conducted. (2) The number and location of booths, displays or other structures to be erected for the event and the design thereof. (e) In the ease of a parade or footrace: (1) The assembly area and the time of assembly. '3/19/85 -4- (2) The route to be followed and portions of streets to be traversed that may be occupied by the parade or footrace. (3) The number and types of vehicles, floats, bands, marching units, pieces of equipment and animals. (d) Number and location of sound amplifying devices and permitted level of amplification. (e) Number and location of persons required to control, direct and monitor the event. (f) Requirements and instruction for removal of any signs, equipment or structures erected or installed for the event and removal of litter and debris created in connection with the conduct of the event. 513-15.1 Insurance As a condition for issuance of a permit, the City Council shall require the permittee to'furnish a policy of special event public liability insurance in the amount of at least Three Hundred Thousand Dollars and property damage insurance in the amount of at least Fifty Thousand Dollars, naming the City as one of the primary insured parties thereunder; provided, however, in the event such insurance can be obtained through the City pursuant to an arrangement between the City and its insurance carrier for liability and property damage coverage on special events, the permittee may elect to pay the City the amount of premium for such coverage in lieu of providing a separate policy. §13-15.2 Clean up deposit Prior to the issuance of a permit, the applicant shall deliver to the City a cash deposit in the amount of Two Hundred Fifty Dollars as a guaranty that the applicant will perform a final clean up of all areas where the special event will be conducted. Such final clean up shall be completed, to the satisfaction of the Director of Community Services, within twenty-four hours after cessation of the event. If the applicant fails to complete the clean up within such period of time or if the clean up work is not performed to the satisfaction of the Director of Community Services, the Director may cause any necessary clean up work to be performed and may utilize the security deposit for payment of any costs or expenses as may be incurred in connection therewith. In the event the clean up cost exceeds the amount of the security deposit, the applicant shall be liable to the City for payment of such excess cost. Upon certification by the Director of Community Services that the final clean up has been satisfactorily completed, the clean up deposit, or any remaining balance thereof, shall be mailed to the applicant at his address shown on the application. S13-15.3 Security and traffie control expenses As a condition for issuance of a permit, the City Council shall require the permittee to reimburse the City for all security, traffic control and law enforcement expenses incurred by the City in connection with the special event. 3/19/85 -5- S13-15.4 Waiver of requirements (a) The application fee required under Subsection 13-11(c), the liability and property damage insurance required under Section 13-15.1, the clean up deposit required under Section 13-15.2 and the payment of security and traffic control expenses required under Section 13-15.3, shall be waived or reduced by the City Couneil if the event is conducted for the primary purpose of exercising the right of free speech pursuant to the First Amendment of the United States Constitution and Article l, Sections 2 and 3 of the State Constitution, and the applicant demonstrates, to the satisfaction of the City Council, that the applicant is unable to pay such fees and expenses and will not receive sufficient revenue from the conduct of the special event to do so. (b) In addition to the waivers prescribed in Paragraph (a) of this Section, the City Council may, in its discretion, waive any of the requirements of this Article in whole or in part upon a showing of good cause for such waiver. S 13-15.5 Transferability of permit Any permit issued pursuant to this Article shall apply only to the permittee named therein and may not be transferred or assigned to any other person. S13-15.6 Revocation of permit Any permit issued pursuant to this Article may be summarily revoked by the City Council upon a determination that: (a) By reason of accident, disaster or other emergency, the safety of the public or property requires such revocation; or (b) A term, condition, restriction or limitation of the permit has been violated or is being violated; or (c) Due to changed circumstances, or the discovery of facts unknown to the City Council at the time the permit was issued, the considerations for issuance of the permit are no longer valid or applicable. S13-15.7 Violation of Article; penalties The violation of any provision contained in this Article shall constitute a misdemeanor, subject to the penalties as set forth in Article 2.5 of this Code." SECTION2: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and 3/19/85 -6- phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. SECTION 3: This Ordinance shall become effective thirty days from and after the date of its passage and adoption. *** Passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the tT~dxlay of April , 1985, by the following vote: AYES: CounCilmembers Callon, Clevenger, Hlav~, Fnyles and Mayor Fanelli NOES: None ABSTAIN: None MAY(~pR ATTEST.: ~ TTIe above and lorelei O is a true and correct ~ ~, ./ copy ot 0rc;ina,~c~ ~.~_~,,~_ :vi~icl~ has been CITY CLERK ' ],c ~cc?~,.i: !5 !I:. :~.. 3/19/85 -7-