Attachment 1 - Redline edits to CH 14
SECTION I.
Los Gatos Town Code Chapter 14, Article X - “Special Events” is hereby amended to read:
ARTICLE X. - SPECIAL EVENTS
Sec. 14.100.010. - Purpose and intent.
The Town of Los Gatos recognizes the social, cultural and economic enrichment that special
events bring to the Town. These events enhance the Town's lifestyle and provide benefits
to the citizens and businesses. Special events sponsored by nonprofit organizations to raise
funds for charitable purposes provide a community benefit which warrants a reduction in
fees for public services to the greatest extent possible. It is incumbent upon the Town to
establish policies and procedures which allow for the advance planning and management
of Town personnel and financial resources. It is the intent of the Town to protect the rights
of its citizens by establishing the least restrictive and most reasonable manner of regulation
to maximize the benefits and minimize the burdens of special events. This article is
intended to be interpreted in a manner compatible with the Constitutions and laws of the
State of California and the United States.
Sec. 14.100.015. - Definitions.
(a) Advance promotional activity. Posting, display, or distribution of signs, banners, leaflets,
mailing and publications promoting a future special event.
(b) Applicant. A person or organization who seeks a permit to conduct a special event
governed by this article.
(c) Conditions of Approval or Letter of Conditional Approval. Requirements with completion
timelines concerning the time, place, scope of the event, required permits from other
government agencies, vendor provisions, payment of applicable fees and deposits, and
other provisions including but not limited to conditions to protect the safety of persons and
property, provide for adequate traffic control, and regulate the sale and service of food
and/or alcohol. Such criteria shall be set forth by the Town Manager to the permitee in
writing outlining specifics that must be met prior to the final approval for and issuance of
the special event permit.
(c) Chief of Police. The Chief of Police or the Chief's authorized designee.
(d) Commercial special event. A special event, sponsored by either nonprofit or for-profit
organizations, the primary purpose of which is to attract groups of people and generate
commerce, income or product exchange.
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(e) Noncommercial special event. Free speech event A special event, the primary purpose of
which is exercise of the participants' constitutional rights of free speech or assembly at
which the expression of free speech rights is the principal purpose. “Free speech rights”
means expressive activity protected by the First Amendment of the United States
Constitution or Article 1, Section 2of the California Constitution.
(f) Permittee. Any applicant to whom a special events permit is issued.
(g) Special event. Any event, not to exceed three (3) consecutive days, which is scheduled to
take place on or contiguous to a Town street, sidewalk, alley or other right-of-way or on
Town property including its parks and the grounds of its buildings, which in the judgment
of the Chief of Police Town Manager is likely either:
(1) To obstruct, delay or interfere with the normal flow of pedestrian or vehicular traffic;
or
(2) To attract participants or spectators who are not likely to comply with traffic laws or
controls; or
(3) To generate a crowd of sufficient size likely to obstruct, delay or interfere with the
normal flow of pedestrian or vehicular traffic, or to restrict access to parks, recreation
areas or other public areas; or
(4) To require police regulation, monitoring, or control to maintain public safety.
Examples of special events include, but are not limited to: athletic events such as runs,
walkathons, bicycle races, etc., parades, street fairs, festivals, carnivals, car rallies, farmers
markets, block parties, sidewalk sales, outdoor music concerts, and gatherings of merchants,
craftsmen, artists or other sellers of goods for the primary purpose of display and sale to the
public of arts, crafts or goods.
(h) Special Event Permit. Written approval issued by the Town Manager for the permittee to
conduct the special event as described and conditioned within the conditions of approval.
The special event permit is issued after all conditions of approval have been addressed to
the satisfaction of the Town Manager.
(i) Sponsor. Any person who or organization which intends to conduct a special event.
(j) Town Manager. The Town Manager or his or her designee
(k) Vendors. Entities that are hired or contracted by the permitee to carry out a service
associated with the proposed event.
Sec. 14.100.020. - Permit.
(a)Required: Any person intending to conduct or sponsor a special event in the Town of Los
Gatos shall obtain a special events permit. No advance promotional activities for a special
event shall be commenced before obtaining a special event permit letter of conditional
approval.
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a.Series Events, Special events applying to operate as a series on Town property may
obtain one special event permit for a period not to exceed twelve (12) months, and
require consent of landlord by the Town Manager, or the Town Council at the
discretion of the Town Manager. (Examples include: Summer Concert Series, Farmer
Market, etc.)
b.An executed contract for an event or series event does not replace the requirement
of the special event permit.
(b) Maximum number of events per year: No permit shall be issued for any zoning plot for a
special event to the same organization, group, or person more frequently than one (1) time
per calendar quarter. A minimum of thirty (30) days shall separate special events on any
zoning plot. This section shall not limit participation in a permitted areawide or regional
special event, such as sidewalk sales, parades, or other events approved by the Town
Council.
(b) Exceptions: A special events permit is not required for the following events:
(1) Funeral processions.
(2) Activities conducted by a governmental agency acting within the scope of its authority.
(3) A special event organized, implemented, and led by the Town of Los Gatos.
(3) A special event which in the estimation of the Chief of Police will involve less than one
hundred (100) persons and for which the sponsor submits written guarantees to the
Chief of Police that:
(A) Participants will assemble or march only on sidewalks;
(B) Participants will cross streets only at crosswalks in units of fifteen (15) or less,
allowing vehicles to pass between each unit; and
(C) Participants will obey all traffic controls and regulations.
(d) Farmers market. Notwithstanding the limitations of this section, any person intending to
conduct or sponsor a regularly scheduled farmers market may apply for a single special
events permit for a period not to exceed twelve (12) months.
Sec. 14.100.025. - Application for special events permit.
(a) Time for filing. Application for a permit shall be filed with the Chief of Police Town Manager
no later than thirty-six (36) hours before a noncommercial special event Free Speech Event
and no later than ninety (90) sixty (60) calendar days and no sooner than one (1) year
before a commercial special event.
(b) Form for application. An official Town of Los Gatos special event permit application must
be completed and submitted on the Town's official special event permit application form
provided by the Los Gatos Police Department which shall include: to the Town Manager
within the time for filing.
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(1) The name, address, home and business telephone number of the applicant and an
alternative person who may be contacted if the applicant is unavailable. The applicant
must be at least eighteen (18) years of age.
(2) If the event is to be sponsored by an organization, the name, address and telephone
number of the organization and contact/representative of the organization. If
requested by the Chief of Police, written authorization to apply for the permit by an
officer of the organization may also be required.
(3) The name, address and telephone number of the person who will be present in charge
of the event on the day of the event.
(4) The nature and purpose of the event.
(5) The date and estimated starting and ending time of the event.
(6) Location of the event, including its boundaries.
(7) Verification that the special event is consistent with applicable land use regulations for
zone and or use permit.
(8) Estimated number of participants in the event.
(9) The type and estimated number of vehicles or structures which will be used at the
event and information as to whether there will be sponsor-provided water or
emergency aid stations at the event.
(10) Description of any sound amplification equipment which will be used at the event for
which a sound amplification permit is required by Los Gatos Town Code Section
16.20.040.
(11) Description, size and location of signs, banner, streamers, inflatable advertising devices
regulated by Division 3 of Article I of Chapter 29 of this Code.
(12) Description of any advance promotion for the event, including but not limited to signs,
banners, leaflets, mailings, and publications.
(13) Whether any food or beverages, including alcoholic beverages, will be sold or served at
the event.
(14) Whether vendors other than the sponsor will be selling at the event.
(15) Whether monitors will be employed by the sponsor at the event.
(16) Anticipated parking needed for participants, including parking for handicapped
persons.
(17) Security and/or police needs created by the event.
(18) If application is for a special event which includes a march on Town streets, the
application shall contain the following information:
(A) The assembly point for the event and the time the participants and vehicles will
begin to assemble.
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(B) The proposed route to be traveled.
(C) Whether the event will occupy all or only a portion of the streets proposed to be
traversed.
(D) The intervals of space to be maintained between vehicles or other units
participating in the event.
(E) The number, type and size of vehicles or other units participating in the event.
(F) Material and maximum size of any signs or banners to be carried along the route.
(19) Any request to close streets or sidewalks as authorized by Vehicle Code Section
21101(e).
(20) Any supplemental information deemed necessary by the Chief of Police to determine
whether the application should be granted, conditioned or denied.
(c) Application fee. A nonrefundable administrative fee set by Council resolution shall be
charged for each application, except that any fee for a permit for a noncommercial special
event free speech event shall be waived upon a showing to the satisfaction of the Chief of
Police or the Town Council Town Manager on appeal, that the fee is so burdensome to the
sponsor and/or the applicant that it is likely to interfere with the exercise of constitutional
rights of speech or assembly.
(d) Unless changes are at the request of the Town Manager, any “significant deviation” in an
event plan as proposed within the original special event permit will require submittal of a
new special event permit application. “Significant deviations” include but are not limited
to a change in the scope, intensity, location, type, or size of an event, and is at the
discretion of the Town Manager.
Sec. 14.100.030. - Action on application.
(a) Consultation. The Chief of Police Town Manager shall consult with all Town departments
which may be affected by the proposed special event.
(b) Time for action. Within thirty (30) forty-five (45) days of submittal of a complete
application for a commercial special event permit, and within one (1) working day of
submittal of a complete application for a noncommercial special event free speech event,
the Chief of Police Town Manager shall approve, conditionally approve or deny the
application. The times for action may be extended by mutual consent of the applicant and
the Chief of Police Town Manager. The Chief of Police Town Manager, if possible, shall
expedite action on an application for a noncommercial special event free speech event
when it is apparent that the purpose of the demonstration would be frustrated if not
conducted at a certain date and time.
(c) At the Town Manager’s discretion, any event may be escalated to the Town Council for
review or approval.
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(c) Written statement of grounds for, conditional approval or denial and right of appeal. The
Chief of Police shall inform the applicant in writing the of the grounds for denial or the
conditions of approval and the right of appeal. The Chief of Police Town Manager shall also
inform the applicant of any information about the event which was not contained in the
application on which the decision was base d.
Sec. 14.100.035. – Conditional approval.
A special events permit may be conditioned on reasonable requirements concerning the time,
place, and manner of the event, including but not limited to conditions to protect the safety of
persons and property, and to provide for adequate traffic control, Such conditions may include,
but are not limited to the following:
(a) Alteration of the date, time, route or location.
(b) Designation of areas for assembly and disbanding for events such as parades, races or
other processions.
(c) Limitation on use of streets and sidewalks and requirements to allow intermittent
traffic flow through any area.
(d) Provision of first aid or emergency facilities.
(e) Hiring a qualified person to facilitate the event itself, if the event appears to be so
large and complex that public interests require monitoring and/or direction.
(f) Placement and pickup of litter cans, recycling bins, public toilets, barricades, and traffic
cones.
(g) Street sweeping.
(h) Restrictions on amplified sound as defined by Town Code Section 16.20.040.
(i) Requirement that all vendors demonstrate compliance with requirements for permits
for vendors and pushcarts (section 14.70.130), and business licenses (section
14.10.010).
(j) Agreement of owners or tenants of dwellings or businesses along the affected street
area to be used by a commercial special event.
(k) Restrictions or prohibition of the sale, possession, and consumption of alcoholic
beverages.
(l) Size, location and number of signs are regulated pursuant to section 29.10.120.
(m) Permission to post signs on public property consistent with the standards of section
29.10.120(4).
(n) Requirement for security personnel.
(o) Provision of shuttle services to mitigate anticipated parking and traffic impacts.
(p) Posting parking control signs along public streets before commencement of the event.
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(q) Payments of fees required by Town Code Chapter 14 and other fees as required by
Council resolution.
(r) Restrictions required by other agencies.
(s) Compliance with other applicable ordinances, laws, or permit requirements.
Sec. 14.100.035 Sec. 14.100.040. - Denial.
(a) Grounds for denial. Applications for special events permits may be denied for any of the
following reasons:
(1) Information contained in the application or supplemental information requested from
the applicant is found to be materially false or misleading.
(2) The application was incomplete or supplemental information or documents were not
provided in a timely manner.
(3) A permit for another special event at a time and place that would conflict with the
proposed event, or cause undue traffic congestion, or create excessive demands for
police or other Town services has already been approved.
(4) The time, route, or size of the event is likely to substantially interrupt the safe and
orderly movement of traffic contiguous to the event site or route, or to disrupt the use
of a street at a time when it is usually subject to significant traffic congestion.
(5) The concentration of persons, animals and vehicles at the site or assembly and
disbanding area is reasonably likely to prevent proper police, fire or ambulance
services to areas contiguous to the event.
(6) The size of the event is likely to unreasonably compromise normal police protection to
the rest of the Town.
(7) The location of the event is likely to substantially interfere with construction or
maintenance work previously scheduled to take place upon or along Town streets, or
to interfere with a previously granted encroachment permit.
(8) The special event is likely to occur at a time when a school is in session, at a route or
location adjacent to a school, and the noise created by the activities of the event
would substantially disrupt the educational activities of the school.
(9) The special event will occur on a route or location adjacent to a hospital or extended
care facility and the noise created by the event would substantially disrupt the
operation of the hospital or extended care facility or disturb the patients within.
(10) The special event has a prior history of creating conditions that jeopardize the peace
and safety of the citizenry.
(11) The applicant has previously violated special event permit conditions.
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(12) The applicant refuses to indicate in writing that he or she will comply with all terms
and conditions if the permit.
(13) The scope, intensity, location, type, or size of event deviates from the description
provided on the special event application. A new application may be submitted to
reflect the deviation given the provisions of this Chapter 14, Section 100 may be met.
(b) Limitation on denial of noncommercial special event free speech event permits. In
determining whether or not a noncommercial special event free speech event permit
should be denied, the Chief of Police Town Manager shall resolve all doubts in favor of
approval or conditional approval. If the grounds for denial are specified in (a)(3) through (9)
of this section, the Chief of Police Town Manager may alter the date, time, place, duration,
route, or location of the of noncommercial special event free speech event and
conditionally approve the application instead of denying it. The conditions imposed shall
modify the proposed event only to the extent necessary to avoid the grounds for denial.
Sec. 14.100.040 Sec. 14.100.045. - Fees for Town related services.
Fees shall be set by Council resolution shall be charged for each application,
(a)Payments Fees. The conditions of approval shall provide a reasonable estimate of fees to
be collected by the Town for Town resources required by the event. Fifty (50) percent of
the estimated fees shall be collected no less than twenty-one (21) days before the event
date. Within twenty-one (21) days after the completion of the event, the Town will
provide an invoice for the remaining fees to be collected by the Town. The Town reserves
the right to fully invoice the event sponsor after the event for any and all Town resources
required before, during and after the event, directly related to the event activities.
(b)At times, poor planning by event organizers may result in circumstances requiring an
extraordinary public safety response for the immediate protection of public health and
welfare. Such incidents result in unanticipated costs and divert critical Town resources,
which may be passed along to the event sponsor.
(c) Prior to issuance of the special event permit, the applicant shall pay an amount
reasonably calculated to cover all town costs including but not limited to:
(1) Salary costs for Police and other Town personnel who facilitate or monitor the event.
(2) Costs for use of Town equipment such as barricades, cones, etc.
(3) A cleanup deposit for costs associated with permitted sale of food and beverages,
erection of structures, participation of horses or other large animals, or use of
refreshment or aid stations in an amount to be determined by the Chief of Police or
the Director of Parks, Forestry, and Maintenance.
(A) The cleanup deposit shall be refunded after the special event if the affected area
has been cleaned and restored to the same condition as existed prior to the
special event.
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(B) If the area used for the special event is not cleaned and restored to its pre-event
condition, the Town will employ its personnel to restore the area to that
condition. If the Town's actual cleanup cost is less than the applicant's cleanup
deposit, the applicant will be refunded the difference. Should the Town's cleanup
cost exceed the amount of the cleanup deposit, the difference shall be due and
payable to the Town by the applicant upon the applicant's receipt of the Town's
invoice for the difference.
(C) If the applicant or sponsor disputes the cleanup charge, he or she may appeal to
either the Chief of Police or Director of Parks, Forestry and Maintenance within
five (5) days after receipt of the bill. The decision of the Chief of Police or Director
of Parks, Forestry and Maintenance shall be final.
(b) Exception. Special events sponsored by Town Council appointed boards and commission
and any other event sponsored by a nonprofit which the Town Council determines will
generate substantial public benefit shall be exempt from payment of fees imposed by this
section.
Sec. 14.100.050. - Permit issuance.
The special event permit shall be issued when: the application has been approved; the
applicant has agreed in writing to comply with the terms and conditions of the permit; and all
other applicable requirements of this chapter have been satisfied.
Sec. 14.100.055. - Indemnification agreement.
Prior to the issuance of a special event permit, the applicant or an authorized officer of the
sponsor must sign an agreement to reimburse the Town of Los Gatos for any costs incurred in
repairing damage to Town property occurring in connection with the permitted event and
proximately caused by the actions of the permittee, the sponsor, its officers, employees, or
agents, or any person under the permittee's or sponsor's control insofar as permitted by law.
The agreement shall also provide that the permittee or sponsor shall defend the Town against,
and indemnify and hold the Town harmless from, any liability to or claims of liability by, any
persons resulting from any alleged damage or injury occurring in connection with the special
event proximately caused by the actions of the permittee or sponsor, its officers, employees, or
agents, or any person who was under the permittees or sponsor's control insofar as permitted
by law. For purposes of this section, a person who merely participates in the special event is not
considered, by reason of that act alone, to be "under the control" of the permittee or
sponsoring organization.
Sec. 14.100.060. - Insurance.
(a) Liability insurance. The applicant or sponsor of a commercial special event must possess or
obtain public liability insurance to protect against loss from liability imposed by law for
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damages on account of bodily injury and property damage arising from the event. The
insurance shall name on the policy, or by endorsement, as additional insureds, the Town of
Los Gatos, its officers, employees and agents. Insurance coverage with a minimum
combined single limit in an amount established by the Town's Risk Manager which must be
maintained for the duration of the event and the insurance company must provide the
Town with thirty (30) days' written notice of cancellation of the policy. Coverage
provisions, including limits, shall otherwise be in accordance with Town policy or as set by
resolution of the Town Council of the Town of Los Gatos.
(b) Certificate of insurance. A copy of the policy or a certificate of insurance along with all
necessary endorsements must be filed with the Town Clerk no less than twenty (20) days
before the date of the event. The commercial event permit shall not be issued by the Chief
of Police until after the insurance policy or certificate of insurance along with necessary
endorsements have been filed by the applicant or sponsor and approved by the Town
Attorney.
(c) Waiver.
(1) Conditions justifying waiver: The Town Manager may determine that an
indemnification agreement as provided for in section 14.100.055 or some other form
of waiver is satisfactory and that liability insurance is not necessary or that a smaller
amount of liability insurance shall be required if all of the following are demonstrated
to the Town Manager's satisfaction:
(A) The permit applicant cannot afford the insurance premium or cannot afford the
premium for the amount of insurance ordinarily required;
(B) That none of the commercial event participants or sponsors will realize monetary
profits as a result of their participation in the commercial event by way of sale of
goods or merchandise; and
(C) That the commercial event does not pose an unusual or peculiar risk or harm or
injury to participants or spectators.
(2) Limitation on waiver: Under no circumstances will the insurance requirement be
waived or modified when the commercial event in question is an athletic event,
carnival, car rally, soap box derby or music concert.
(3) Extension of time for compliance: The Town Manager may, for good cause, waive the
filing deadline for proof of insurance; however, proof must be provided prior to the
issuance of the commercial event permit.
Sec. 14.100.045 Sec. 14.100.065. - Revocation of permit before special event.
(a) Reasons. The Chief of Police Town Manager may revoke a permit at any time if:
(1) An emergency arises making it impossible to assign sufficient or appropriate personnel
to the event to protect public safety; or
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(2) Information is obtained after the permit is issued from which it may be reasonably
concluded that the permit should have been denied under section 14.100.040.
(b) Notice of revocation. The applicant shall be informed in writing of the grounds for any such
revocation.
(c) Appeal of permit revocation. The applicant may appeal a revocation in the manner
provided for in section 14.100.075 055 in all cases except where the revocation is based on
emergency and there is insufficient time available to present or schedule an appeal.
Sec. 14.100.050 Sec. 14.100.070. - Revocation of permit during special event.
A police officer The Town Manager may revoke the permit during a special event for either
of the following reasons:
(a) The officer finds either Town Manager:
(1) That the event has deviated from or will deviate from its approved route or area;
or
(2) The Eevent and/or its participants or vendors are violating the law or permit
conditions.
(3) The permitee has participants have been advised of and given an opportunity to
control such deviation or violation and refused or failed to do so.
(b) If fire or another emergency requires the event to be terminated to protect public
safety. When a permit is revoked for this reason, all event participants must
immediately comply with the officer's instructions of public safety or the Town
Manager.
Sec. 14.100.055 Sec. 14.100.075. - Appeal process.
(a) Normal appeal. Any applicant aggrieved by the denial or conditional approval of a special
event permit may appeal the decision to the Town Council by filing a notice of appeal with
the Town Clerk within ten (10) days of the delivery of the decision. The Town Clerk shall set
the date and time for the public hearing within forty-five (45) days of the filing date and
shall give notice to such person of the time and place of hearing as prescribed by law.
(b) Expedited appeal for noncommercial special event free speech event. If there is insufficient
time for a timely appeal of denial or conditional approval of a noncommercial special event
free speech event events permit to be heard by the Town Council prior to the date on
which a noncommercial special event free speech event is scheduled, the applicant may
request that the Town Clerk schedule the appeal before the Town Manager. The Town
Manager shall hold hearing no later than twelve (12) hours prior to the time the event is
scheduled to commence and will render a decision as soon as practicable and in no case
later than the time the event is scheduled to commence. The Town Manager's decision
shall be final.
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Sec. 14.100.060 Sec. 14.100.080. - Posting of special event permit.
The special event permits and any other required Town licenses and permits shall be
maintained at the site during the special event and exhibited upon request of any Town police
officer or Town event staff if it is determined that the event is in violation of the special event
permit conditions or if an emergency requires termination of the special event to protect public
safety. Notices of revocation shall be in writing with the reasons for revocation specifically set
forth, unless time does not permit, in which case the notification shall be verbal and followed,
at a later date, by written notice explanation.
Sec. 14.100.065 Sec. 14.100.085. - Violations.
(a) It shall be unlawful for any persons to sponsor or conduct a special event without a special
event permit.
(b) It shall be unlawful for any person to participate in a special event with the knowledge a
special event permit has not been issued.
(c) It shall be unlawful for a permittee or sponsor to willfully violate the terms and conditions
of a special event permit, or for any special event participant to knowingly and willfully
violate the terms or conditions of the special event permit.
(d) It shall be unlawful for any person to hamper, interfere with, obstruct or impede any
special event which has been permitted under this ordinance or to park or leave a vehicle
unattended in violation of parking control signs posted in connection with a special event.
(e) It shall be unlawful for any person to drive a vehicle, bicycle or other moving object or
propellant, between the persons or vehicles comprising any permitted special event, unless
such activity is undertaken at the direction of a Town peace officer, an authorized security
person, or event monitor.
(f)In addition to fees covering Town resources, permit violations may result in fines at the
discretion of the Town Manager. All permit violations and fines shall be provided to the
event sponsor in writing within twenty-one (21) days after the completion of the event.
(g)It shall be a misdemeanor for any special event participant to fail or refuse to comply with a
revocation order made pursuant to section 14.100.070.
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