HomeMy WebLinkAboutItem No.31CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO: MAYOR AND CITY COUNCIL
FROM: RON,MOLENDYK, CITY.MANAGER
DATE: JUNE 8, 1993
SUBJECT: SPECIAL EVENTS PERMIT PROCESS
The City staff, with the assistance of the City Attorney, have been
attempting to develop a Special Events Permit Process that meets
the expressed objectives of the City Council.
DISCUSSION
For over a year, staff and the City Attorney have been evaluating
and developing a special Events Permit Process that will meet the
desires of the City-Council and the needs of our community.
The attached proposed ordinance, meets the legal requirements, as
per the most recent court cases and provides the City the most
flexibility possible in meeting the community's expressed need.
The proposed resolution does not provide total freedom for the City.
Council or staff to waive fees, conditions or filing deadlines: It
does, however, allow the City Council the opportunity to deal with
each application on an individual, yet equal basis.
FISCAL IMPACT
The proposed Special Events Permit Process provides for the City to
recover any expense to the City in processing or assisting with the
Special Event unless the City Council waives the fees and
authorizes the expense from the City's General Fund.
Staff has included an hourly rate for personnel, facilities and
equipment, that will be used in determining the fees and changes.
RECOMMENDATION
It is recommended that the Mayor and City Council approve the
attached proposed ;tSpecial Events Permit" process and direct the
City Clerk toen the b oks a app�r-o�priately.
PREPARED BY . 7ij� ,CG V1?, RJ
APPROVED
APPROVED FOR
AGENDA LISTING:
attachment: Ordinance No. q5
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ORDINANCE NO.
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
DOES. HEREBY ORDAIN AS FOLLOWS:
SECTION I. Section 5.73 ,Special Events of the Municipal Code of the City of Lake Elsinore is
hereby amended to read as follows:
5.73.010 STREET PERMIT.
All street events, including parades, processions, assemblages and other events, including, but not
limited to marathons, bike -a -thons, triathalons and other such uses of the public streets, highways,
thoroughfares, rights -of -way and other public property which are also utilized by motor vehicles,
constitute traffic hazards and a threat to the public safety and are prohibited unless a properly issued
street permit has first been obtained.
5.73.020 SPECIAL EVENTS PERMIT.
All special events occurring on property within the City, other than that property specified in
Section 5.73.050 of this code, shall be prohibited unless a properly issued special events permit has
been obtained. As hereinafter mentioned in this chapter, "special events" means any assembly,
congregation, attraction, display, entertainment, demonstration, carnival, bazaar, circus, rodeo, or
other traveling show, fair, festival, food faire, cook -off, dance, concert or performance, or any
other planned occurrence that may attract a large number of people or which may otherwise become
a hazard to the public peace, health, safety or general welfare.
5.73.025 FEES.
The City Council, by resolution, shall establish a schedule of fees related to the processing of any
permit application and costs of special services required by the street event or special event. Said
fees shall approximate the actual cost of providing the service.
5.73.030 PERMIT AND APPEAL PROCESSING.
All applications for street or special events permits must be on file with the City sixty days before
the scheduled event unless a waiver is granted by the City Council. Notwithstanding the foregoing,
the City Manager may waive the time limits contained herein for noncommercial activity involving
freedom of speech, whenever necessary to protect First Amendment rights. In such case, the only
criteria applied shall be the physical ability of staff to process the application. The City Manager
shall either approve or deny the application within thirty days of the date the completed application
is filed. The applicant shall thereafter have five days to file an appeal with the City Council in the
event of denial. All appeals shall be in writing and list all grounds upon which the appeal is based.
Any member of the City Council may also appeal any decision of the City Manager. The City
Council may, by resolution, set appropriate fees for the filing of applications or appeals.
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5.73.040 STREET PERMIT APPLICATION.
All applications for a street permit shall be on form provided by the City and shall provide the
information necessary for staff to' make their recommendations to the City Manager. Said form
shall provide f6r at least the following information:
1. The applicant's identity and the identity of a responsible natural person that will
serve as the City's primary interface for communications. if the application is made
by apartnership, the names and addresses of the partners shall appear. Where the
applicant is a corporation the application shall be signed by the, president and
secretary of such corpoQon and shall contain the addresses of such corporate
officers, and a certified copy of the articles of incorporation shall be submitted with
the application. The name, date of birth, driver's license number, resident and
mailing address of the responsible natural person shall be included. When the
applicant intends to utilize a professional event-organizer,. the City Manager shall
have the" discretion to require all or some of the information required by this section
for either or both;
2. The route of the event shall be provided on a diagram and shall show the starting
point and terminus;
3. A clear- and legible traffic management plan must be provided showing all road
closures, detours, barricading and control devices, and the effective time. It must
conform to all City, State and Federal Standards and be approved by the City Traffic
'Engineer.
4. Staging andparking are-as shall be'identified;-
5. A description of the type of event will be provided;
6. The expected number of participants, assistants, workers and spectators will be
provided;
7. All security procedures shall be identified. The level and type of security and
personnel shall be at the sole discretion of the Chief of Police (Sheriff's Captain);
however' the content or message of constitutionally protected non-commercial speech
or potential public reaction thereto may not be considered in determining the cost of
police services to be charged to the applicant, if any.
8. Water and sanitation facilities to be'provided shall be identified.
5.73.050 STREET PERMIT CONDITIONS.
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Street permits will be issued conditionally whenever the public health and safety so require.
Conditions that may be imposed in such permit include, but are not limited to, the following:
1. That the event only proceed along a designated route and only within certain
designated parameters;
2. That the permittee. provide certain security or traffic directional measures for the
event;
3. The permittee provide for the placement, maintenance and removal of all barricades
and other control devices required by the approved Traffic Control Plan in a timely
manner; or as required by law.
4. That the permittee provide for the sanitation,, trash disposal and /or water needs of
all participants, assistants, workers and spectators;
5. That an appropriate cash deposit or bonds be posted with the City to compensate it
for any special services that may be required, including but not limited to, police
(based upon the size and route of the event, but excluding any consideration of
additional security as a consequence of the content or message or public reaction
thereto), fire, traffic- control and cleanup; provided that with respect to
constitutionally protected noncommercial parades and demonstrations, no police fees
shall be charged other than for traffic control All charges shall be based on the
hourly rate of all employees expected to be required to perform services during the
event and shall contain an administration charge to cover the support services
incurred as a result of the event. The permittee shall post said deposit or bond at
least fourteen days before the event. The permittee shall be given an accounting of
all charges within a reasonable time after the event, and a refund if due.
5.73.060 SPECIAL EVENT PERMIT APPLICATION.
All applications for a special event permit shall be on a form provided by the City, and shall
provide the information necessary for staff to make their recommendations to the City Manager.
Said form shall provide at least the following information:
1. The applicant's identity, and the identity of a responsible natural person that will
serve as the City's primary interface for communications. If the applications is
made by a partnership, the names and addresses of the partners "shall appear. Where
the applicant is a corporation, the application shall be signed by the president and
secretary of _ such corporation and shall contain the addresses of such corporate
officers, and a certified copy of the articles of incorporation shall be submitted with
the application. The name, date of birth, driver's license number, residence and
mailing address of the responsible natural person shall also be included. When the
applicant intends to utilize a professional event - organizer, the City Manager shall
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have the discretion to require all or some of the information required by this section
for either or both;
2. The address or legal description of the place where the.proposed special event is to
be conducted, operated or carried on. Additionally, the applicant shall subject proof
of ownership of the place where the special event is to be conducted or a written
statement of the owner of the premises indicating his consent that the site be used
for the proposed special event;
3. The date or dates and the'hours during which the special event is to be'conducted;
4. A list of all employees of the applicant that will be working within the City limits
prior to and during the event. The list shall include a current residence address, date
of birth, and driver's license number.
5. A statement as to whether or not the applicant has been convicted of any felony,
misdemeanor, municipal ordinance or other crime, the nature of the offense, and the
penalty or punishment assessed therefor;
6. If the special event will involve rides or other concessions that are operated by
independent contractors, the information required by this section will be required for
each independent contractor /concessionaire;
7. As detailed written explanation of the applicant's plan to provide security, fire
protection, water supplies and facilities, food supplies and facilities, sanitation
facilities, vehicle access, parking spaces and on -site traffic control, and provisions
for clean up of the premises. A dimension site plan shall be submitted setting forth
the location of the above items and the details of Section 5.73.070. The level and
type of security and personnel shall be at the sole discretion of the Chief of Police
(Sheriff's Captain); however, the content or message of constitutionally protected,
non - commercial speech, or the potential public reaction thereto ' "may not be
considered in determining the cost of police services to be charged the. applicant, if
any.
5.73.070. SPECIAL EVENT PLAN REQUIREMENTS.
The dimensioned plan shall be in- compliance with, and set forth the details of the following:
1. Location of rides and their type, games, concessions, fire extinguishers, waste disposal and
sanitation facilities, tents and awnings, generators and fuel storage, food service booths and
methods of cooking, and fire vehicle accessways;
2. A minimum of one eight -foot aisleway shall be provided between rides, games, concessions,
waste and sanitation facilities;
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' 3. One twenty- four -foot fire lane shall be provided within one hundred fifty feet of the most
remote event.
5.73.080 SPECIAL EVENT CONDITIONS
All special events shall be conducted in accordance with the following conditions:
1. Exits, aisles, ramps, corridors and passageways shall not be blocked nor have their required
width obstructed in any manner by ticked offices, turnstiles, concessions, chairs, equipment
or persons.
2. All combustible waste material and rubbish shall be stored in approved containers.
3. Each ride, game and concession shall provide a minimum of two thirty -gallon metal trash
containers, and one special dumpster shall be located on site.
4. The applicant shall clear the carnival area and adjacent streets of trash and debris each
evening after closing of the activity.
5. All trash, debris, garage. and special dumpsters shall be removed within twenty -four hours
of closing of the event.
6. One 2A -IOBC fire extinguisher shall be provided at every ride and every food service booth
where cooking is conducted. Travel distance shall not exceed seventy-five feet to any
extinguisher located within the special event.
7. All cooking shall be by means of natural gas, liquid petroleum gas, or electricity. No liquid
fuel will be permitted. Changeover of fuel cylinders is not permitted when any open device
is still operating within twenty feet of refueling area. Additional fuel cylinders shall be
stored in an area designated by the fire department.
8. Copies of State Fire Marshal approved certificates of flame retardance shall be provided for
all tents, awnings, hangings and covers with overhangs.
9. Copies of the annual state certification verifying that each ride meets all requirements of the
State Industrial. Safety Division shall be provided. All rides shall be marked with the
current CAL -OSHA color -coded seal. All rides shall be assembled and stabilized in a
manner approved by CAL -OSHA.
10. An electrical permit shall be secured for any temporary electrical usage at the site. All
electrical shall comply with the provisions of the National Electrical Code. Fuel storage for
generators shall be located a minimum of seventy -five feet from the public area. Generator
fuel shall be stored in approved safety cans; maximum capacity five gallons.
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11. That an appropriate cash deposit or bonds be posted with the City to compensate it for any
special services that may be required, including but not limited to, police, fire, traffic-
- control and cleanup; provided that with respect to constitutionally protected noncommercial
parades and demonstrations, no police fees shall be charged other than for traffic control.
All charges shall be based on the hourly rate of all employees expected, to be required to
perform services during. the, event and shall contain an administration charge to cover the
'Support services incurred as a_result of the event. The permittee shall post said deposit or
bond at least fourteen days before the event. The permittce shall be given an accounting
of all charges within a reasonable time after the event, and a refund if due.
5.73.090 INSPECTION OF GAMES; RIDES AND FOOD CONCESSIONS.
At least one day prior to the opening of the special events, representatives of the City shall inspect
the games, rides and concessions, and said inspections may be made at any time thereafter, It shall
be the applicant's responsibility to coordinate inspections with all appropriate departments so that
timely inspections are performed.
1. Inspection of rides and installations regulated by the National Electrical Code shall be the
responsibility of the Building Department.
2. .. Inspection of fire- protection devices, public assembly areas, emergency vehicular access,
cooking and heating devices, flame retardancy and fuel, storage shall be the responsibility
of the fire department. .
3. Inspection of the games shall be the responsibility,of the police department.
4. Food services and sanitary facilities shall be the responsibility of the County Health
Department. The applicant shall secure appropriate permits from the County therefor.
5.73.100 AUTHORITY FOR VIOLATIONS. - -
Notwithstanding any approval given pursuant to this Chapter, any City police officer, fire official
or building official is hereby granted the authority to stop or prevent any immediate threat to the
public health or safety, including the right to issue a cease and desist order for all or any part of
the special event or any special event. .
5.73.110. INVESTIGATION OF APPLICATION.
Upon receipt of a complete application and the application fee, the Community Services Department
shall refer same to concerned departments of the City, including, but not limited to the City
Attorney, Police Chief, Fire Chief, Planning Department, Building and Safety Department, Public
Services Department and the County Health Officer, who shall investigate the application and report
in writing to the City Manager within fifteen days, with appropriate recommendations relating to
their official functions as to the granting of a permit and the establishment of special conditions
thereof.
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5.73.120 INVESTIGATION OF APPLICANT.
An applicant shall be prima facie disqualified' for a permit under this Chapter if he has been
convicted of a felony. The applicant may also be prima facie disqualified if a professional event -
organizer or any proposed employee has been convicted of a felony. As used in this Chapter, the
term "conviction" includes.a plea of guilty. The Chief of Police (Sheriff's Captain) is specifically
authorized to obtain state summary criminal history record information as provided for in Section
.11105 of the Penal Code of the State. The Chief of Police (Sheriff's Captain) shall disqualify the
applicant, without a hearing by the City Manager and without further proceedings, if it is
determined that the applicant has been convicted or had entered a plea of guilty to a felony. An
applicant who is thus prima facie disqualified for a permit may make an appeal in writing to the
City Manager. The City Manager shall consider any mitigating factors such as, but not limited to,
evidence of rehabilitation, length of time elapsed since such conviction, the age of the person at the
time of the conviction, contributing social or environmental conditions surrounding the conduct,
and whether the conviction is unrelated to the permit or license.
5.73.130 INSURANCE, INDEMNIFICATION AND BONDS.
For all street or special events involving twenty-five (25) or more persons;
(a) The applicant shall submit proof of personal injury and property damages insurance of the
combined limits of one million dollars. Such insurance shall provide coverage and be
placed with a company with a rating approved by the City Attorney. The City and its
officers, agents and employees shall be named as additional insureds on said policy and the
City shall be provided with a certificate of insurance evidencing this fact. both the applicant
and any independent contractors shall also provide copies of their worker's compensation
certificates for all employees.
(b) The applicant shall also agree to indemnify the City, its officers and employees from any
claim or liability arising out of the street or special event.
5.73.140 BUSINESS LICENSE TAX. '
All applicants and others required to pay a business tax for the privilege of engaging -in business
within this City shall also pay said tax in addition to any fees provided for herein:
5.73.150 WAIVERS
Notwithstanding any provisions of this Chapter that may conflict with overriding noncommercial
First Amendment protected activity shall be waived, when legally required.
5.73.160 APPROVAL OR DENIAL.
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(a) The City Manager, after consulting with the Chief of Police (Sheriffs Captain), Fire Chief,
Community Services Director, Planning Director, Risk Manager, Public Services Director,
City Attorney and any other staff person deemed appropriate, shall deny the application if
the City.Manager finds:
4. That the application is incomplete.
2. That the applicant has made a false, fraudulent or misleading statement of a material
fact in the application;
3. That the applicant has been convicted of a felony;
4. That the applicant has failed to meet with conditions imposed by this Chapter;
5. That the safety, health or public welfare of the citizens would be endangered by the
granting of the permit.
(b) Additionally, the permit may be denied, or the proposed employee disqualified from working
at the special event, if the applicant, professional event - organizer, or proposed employee has been
convicted of any crime involving mortal turpitude, substance/drug abuse, sexual conduct, or
physical assault. In all other instances the permit shall be granted subject to such related. conditions
as may be imposed to further the purpose of this Chapter.
5.73.170 PENALTY.
Any person violating or failing to comply with any of the provisions of this Chapter shall be guilty
of a misdemeanor and shall be punished by a fine of not to-exceed five hundred dollars, or by
imprisonment not to exceed six months, or by both such fine and imprisonment. Each such person
shall be guilty of a separate offense for each and every day during any portion of which any
violation of the provisions of this Chapter is committed. Violators may include not only those
persons staging the street or special event but any person knowingly participating in the event after
being advised of its illegality.
SECTION. II. This ordinance shall become effective as provided by law.
INTRODUCED AND APPROVED UPON FIRST READING this Day of
, 1993, Upon the following roll call vote:
AYES:
NOES:
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ABSENT:
ABSTAIN:
PASSED, APPROVED AND ADOPTED UPON SECOND READING this ' Day
of , 1992, Upon the following roll call vote:
AYES:. .
NOES:
ABSENT:
ABSTAIN:
GARY M. WASHBURN, MAYOR
City of Lake Elsinore
ATTEST:
Vicki Lynne Kasad, City Clerk
City of Lake Elsinore
(SEAL)
APPROVED AS TO FORM AND LEGALITY:.
John R. Harper, City Attorney
City of Lake Elsinore
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