Loading...
ORD 1904 - Establishing Procedures and Permit Process for Special EventsORDINANCE 1904 AN ORDINANCE OF THE TOWN OF LOS GATOS ESTABLISHING PROCEDURES AND A PERMIT PROCESS FOR SPECIAL EVENTS HELD WITHIN THE TOWN OF LOS GATOS AMENDED BY ORDINANCE 1907 The Town Council of the Town of Los Gatos does hereby ordain: SECTION I Article 10 is added to Chapter 14 of the Town Code of the Town of Los Gatos to read as follows: 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. Special Events sponsored by non - profit 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. 1 (b) Applicant. A person or organization who seeks a permit to conduct a Special Event governed by this Article. (c) Chief of Police. The Chief of Police or the Chiefs authorized designee. (d) Commercial Special Event. A Special Event, sponsored by either non - profit or for profit organizations, the primary purpose of which is to attract groups of people and generate commerce, income or product exchange. (e) Non Commercial Special Event. A Special Event, the primary purpose of which is exercise of the participants' constitutional rights of free speech or assembly. (f) Permittee. Any applicant to whom a Special Events permit is issued. (g) Special Event. Any event, not to exceed three 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 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. 2 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) Sponsor. Any person who or organization which intends to conduct a Special 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. (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 time per calendar quarter. A minimum of 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. (c) 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 which in the estimation of the Chief of Police will 3 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. 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 no later than 36 hours before a Non - commercial Special Event and no later than 60 calendar days and no sooner than one year before a Commercial Special Event. (b) Form for application. Application must be submitted on the Town's official Special Event Permit application form provided by the Los Gatos Police Department which shall include: (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 18 years of Za (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 C! 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. 5 (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. (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 M or denied. (c) Application fee. A non - refundable administrative fee set by Council resolution shall be charged for each application, except that any fee for a permit for a Non Commercial Special Event shall be waived upon a showing to the satisfaction of the Chief of Police or the Town Council 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. Sec. 14.100.030. Action on application. (a) Consultation. The Chief of Police shall consult with all Town departments which may be affected by the proposed Special Event. (b) Time for action. Within 30 days of submittal of a complete application for a Commercial Special Event Permit, and within 1 working day of submittal of a complete application for a Non - Commercial Special Event, the Chief of Police 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. The Chief of Police, if possible, shall expedite action on an application for a Non - Commercial Special Event when it is apparent that the purpose of the demonstration would be frustrated if not conducted at a certain date and time. (c) Written statement of grounds for conditional approval or denial and right of appeal. The Chief of Police shall inform the Applicant in writing of the grounds for denial or the conditions of approval and the right of appeal. The Chief of Police shall also inform the Applicant of any information about the event which was not contained in the 7 application on which the decision was based. 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 Sec. 16.20.040. (i) Requirement that all vendors demonstrate compliance with requirements for permits for vendors and pushcarts (Sec. 14.70.130), and business licenses (Sec. 14.10.010). 0) 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 and consumption of alcoholic beverages. (1) Limitation on size, location, and number of signs, banners, streamers, balloons and inflatable devices, including time and permissible duration of advance promotional activities. (m) Permission to post signs on public property pursuant to Sec. 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. (q) Payments of fees required by Town Code Section 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. 14.100.040. 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. 0 (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 10 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. (b) Limitation on denial of Non Commercial Special Event Permits. In determining whether or not a Non Commercial Special Event permit should be denied, the Chief of Police 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 may alter the date, time, place, duration, route, or location of the non Commercial Special 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. 14.100.045. Fees for Town related services. (a) Payments. 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. 11 (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. (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 days after receipt of the bill. The decision of the Chief of Police or Director of Parks, Forestry and Maintenance shall be final. 12 (b) Exception. Special Events sponsored by Town Council appointed Boards and Commission and any other event sponsored by a non - profit 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. See. 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. 13 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 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 14 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. 14.100.065. Revocation of permit before Special Event. (a) Reasons. The Chief of Police 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 (2) Information is obtained after the permit is issued from which it may 15 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 pennit revocation. The applicant may appeal a revocation in the manner provided for in Sec. 14.100.075 in all cases except where the revocation is based on emergency and there is insufficient time available to present or schedule an appeal. Sec. 14.100.070. Revocation of permit during Special Event. A police officer may revoke the permit during a Special Event for either of the following reasons: (a) The officer finds either: (1) That the Event has deviated from or will deviate from its approved route or area; or (2) Event participants are violating the law or permit conditions. (3) The 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. 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 16 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 non - commercial Special Event. If there is insufficient time for a timely appeal of denial or conditional approval of a non - commercial Special Events permit to be heard by the Town Council prior to the date on which a non- commercial Special 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. 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 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. 14.100.085. Violations. (a) It shall be an infraction for any persons to sponsor or conduct a Special 17 Event without a Special Event permit. (b) It shall be an infraction for any person to participate in a Special Event with the knowledge a Special Event Permit has not been issued. (c) It shall be an infraction 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 an infraction 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 an infraction 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) It shall be a misdemeanor for any Special Event participant to fail or refuse to comply with a revocation order made pursuant to Sec. 14.100.070. 18 SECTION II This ordinance takes effect 30 days after the date it is adopted. Within 15 days after this ordinance is adopted, the Town Clerk shall cause it to be published once in a newspaper of general circulation published and circulated in the Town of Los Gatos, California. This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on May 18, 1992, and adopted by the following vote as an Ordinance of the Town of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on June 1, 1992. COUNCIL MEMBERS: AYES: Randy Attaway, Steven Blanton, Brent N. Ventura, Mayor Eric D. Carlson NAYS: None ABSENT: Joanne Benjamin ABSTAIN: None SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST CLERK OF THE TOWN OF3,OS GATOS LOS GATOS, CALIFORNIA 19