HomeMy WebLinkAbout71.145 ORDINANCE NO. 71-
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SARATOGA AMENDING ARTICLE 10-10
OF THE CODE OF THE CITY OF SARATOGA
RELATING TO SPECIAL EVENT PERMIT
The City Council of the City of Saratoga hereby ordains as
follows:
Section 1. Article 10-10 of the Code of the City of
Saratoga is hereby amended to read as follows:
"Article 10-10
SPECIAL EVENT PERMIT
Sections:
10-10.010 Definitions.
10-10.020 Permit required; prohibited activity.
10-10.030 Application for permit.
10-10.040 Investigation of application.
10-10.050 Factors to be considered in granting or denying a
permit.
10-10.060 Permit for single event only.
10-10.070 Contents of permit.
10-10.080 Insurance.
10-10.090 Clean up deposit.
10-10.100 Security and traffic control expenses.
10-10.110 Waiver of requirements.
10-10.120 Transferability of permit.
10-10.130 Revocation of permit.
10-10.140 vlolation of Article; penaltles.
10-10.010 Definitions.
For the 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, motorcads 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 open to members of
the public and sponsored by a person, organization or group,
wherein the participants run or jog following an established
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route over public highways, streets, alleys or sidewalks within
the City.
(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) Speoial event means a parade, footrace or festival, as
such terms are defined in this Section.
10-10.020 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 Manager 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 been 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.
(5) Sell or offer for sale on public streets, sidewalks or
rights-of-way any goods, wares or merchandise from vehicles,
wagons, pushcarts, stalls, booths or other methods, during or in
connection with a permitted special event, unless such sales
activity is conducted pursuant to and in accordance with the
terms and conditions of the special event permit and with the
authorization of the permittee.
10-10.030 Application for permit.
(a) Applications for a permit to conduct a special event
shall be filed with the City Manager at least forty days in
advance of the proposed event, unless permission is granted by
the City Manager 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 n~mher of
the contact person representing such sponsor.
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(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 of 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.
(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 are 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) Description of any sales activity to be conducted upon
public streets, sidewalks or rights-of-way, including the
estimated number of street vendors, the nature, size and location
of any booths or stalls, and a description of any vehicles,
wagons, pushcarts or other mobile units to be utilized in
connection with the sales activity.
(10) Number, types and locations of all loudspeakers or
other sound amplifying devices to be used.
(11) Method of notifying participants prior to the event of
the terms and conditions of the permit.
(12) Such other information as reasonably requested by the
City Manager 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 such amount as may be
established from time to time by resolution of the City Council.
10-10.040 Investigation of application.
(a) The City Manager shall transmit a copy of the
application for review and comments 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.
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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 City Manager
within twenty days.
(b) Upon receipt of the comments and recommendations from
the persons and agencies referred to in Paragraph (a) of this
Section, the City Manager shall take action to grant or deny the
application.
10-10.050 Factors to be considered in granting or denying a
permit.
In determining whether a permit should be issued, the City
Manager shall consider the following factors:
(a) Whether the special event will disrupt to an
unreasonable extent the movement of other traffic or create 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.
(c) 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 create an unreasonable disturbance of the
peace. '
10-10.060 Permit for single event only.
0nly one special event shall be held, conducted or carried
on under a single permit issued pursuant to this Article.
10-10.070 Contents of permit.
Permits issued pursuant to this Article may contain such
conditions as deemed by the City Manager 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.
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(b) In the case of a festival:
(1) The streets on which the festival will be conducted.
(2) The number and location of booths, disp!Sys or other
structures to be erected for the event and the dea~n thereof.
(c) In the case of a parade or footrace:
(1) The assembly area and the time of assembly.
(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 type of vehicles, floats, bands,
marching units, pieces of equipment and animals.
(d) The nature and extent of any sales activity to be
conducted upon public streets, sidewalks or rights-of-way. The
holder of the special event permit shall issue to each vendor
authorized to engage in such sales activity an identification
card or other evidence of such authorization, which shall be
displayed by the vendor to a law enforcement officer of the City
or to any representative of the permittee requesting to inspect
the same.
(e) Number and location of sound amplifying devices and
permitted level of amplification.
(f) Number and location of persons required to control,
direct and monitor the event.
(g) Requirements and instructions 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.
10-10.090 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 City Manager, within twenty-four hours after
cessation of the event. If the applicant fails to compete the
clean up within such period of time or if the clean up work is
not performed to the satisfaction of the City Manager, the
Manager 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 City Manager that
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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.
10-10.100 Security and traffic control expenses.
As a condition for issuance of a permit, the City Manager
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.
10-10.110 Waiver of requirements.
(a) The application fee required under Subsection 10-
10,030(c), the liability and property damage insurance required
under Section 10-10,080, the clean up deposit required under
Section 10-10,090 and the payment of security and traffic control
expenses required under Section 10-10,100, shall be waived or
reduced by the City Manager 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 1, 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 Manager 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.
10-10.120 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.
10-10.130 Revocation of permit.
Any permit issued pursuant to this Article may be summarily
revoked by the City Manager upon a determination that:
(a) By reason of accident, disaster or other emergency, the
safety of persons 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 Manager at the time the permit was issued,
the considerations for issuance of the permit are no longer valid
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or applicable.
10-10.140 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 3 of this Code."
Section 2: This Ordinance shall be in full force and effect
thirty (30) days after its pa-~sage and adoption.
The above and foregoing Ordinance was regularly
introduced and after the waiting time required by law, was
thereafter passed and adopted at a regular meeting of the City
Council of Saratoga held on the 21st day of September ,
1994, by the following vote.
AYES: Councj]members Jacobs, Moran, Wolfe, and Mayor Burger
None
NOES:
Counci ] member lucker
ABSENT:
ATTEST:
September 13, 1994
mnrsw\273\ord\spevent .ord
published according to taw.
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