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HomeMy WebLinkAboutOrd. No. 1993-959±!i I! ORDINANCE NO. 959 THE CITY COUNCIL OF THE CITY OF LAI~IE ELSINORE 'Y)OE$•HEREBY ORDAIN AS FOLLOWS: SECTION I. Section 5.73 ~ecial 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 pazades, 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, hall 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 hazazd to the public peace, health, safety or general welfaze. 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 wittf'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. r,~: ... _ x: ~. F ~+6-17-1993 L~4~59Pht FROM TO 6742392 P.~J3 5.73.041! Plt2MIT APPLICATION. All applicaflo far a street permit shall be on a form provided by the Ciry and shall provide the information n scary for staff to maize their recommendations to the City Manager. Said form shall provide ,rat least the following information: 1. The applicant's identity and the identity of a responsible natural person that will serve ~s the City's primary interface for communications. If the application is made by a ership, the names and addresses of the partners shalt appear. Where the pplicaat is a corporatign, 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, 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 ~ve the discretion to require all or some of the information required by this section for either or both; 2. he route of the event shall. be provided on a diagram and shall show the starting int and terminus; 3. ~ clear and legible traffic management plan must be provided showing all road losures, detours, bazricading and control devices, and the effective time. It must ~onform to all City, State and Federal Standards and be approved by the City Traffic 4. ~taging and parking areas shall be identified; 5. ~ description of the type of event will be provided; 6. 't'he expected, number of participants, assistants, workers and spectators will be 7, ll security procedures shall be identified. The level and type of security and rsonnel shall be at the sole discretion of the Chief of Police (Sheriff's Captain); owever, the content or message of constitutionally protected non-commercial speech ¢r potential public reaction thereto may not be considered in determining the wst of laolice services to be charged to the applicant, if any. 8. 'Water and sanitation facilities to be provided shall be identified. 5.73.050 STREET PFRMtT CONbTTTONS. Street permits will be issued conditionally whenever the public health and safety so require. Conditions tha may be imposed in such permit include, but are not limited to, the following: -2- r~. ,M. '~i ~: ~: F7~^S'i-•1Jl3 JW ~ ~~PM PPOM TO E742392 P.04 1. at the event only proceed along a designated route and only within certain esignated parameters; 2. f That. the permittee provlde certain seourity or traffic directional measures for the 3. a permittee provide for the placement, mavrtenance and removal of aU barricades id other control devices required by the approved Traffic Control Plan in a timely anner, or as required by law. 4. ~1°hat the permittee provide for the sanitation, trash disposal and/or water needs of all articipants, assistants, workers and spectators; 5. hat an appropriate cash deposit or bonds be posted with the City to compensate it or any special seririces that may be required, including but not limited to, police ased upon the size and route of xhe event, but excluding any consideration of ditional security as a consequence of the content or message ar public reaction hereto}, fire, traffic-c+antrol and cleanup; provided that with respect to nstitutionally protected noncommercial parades and demonstrations, no police fees hall be charged other than for traffic control. All charges shall be based on the ourly rate of all employees expected to be required to perform services during the t and shall contain an administration charge to cover the support services ~ncurred as a result of the event. The permittee shah past said deposit or bond at east fourkeen days before the event. The permittee shall be given an accounting of ~.ll charges within a reasonable time after the event, and a refund if due. 6. ~e event applicant must be a public non-profit organization. A Street Permit shall of be issued for any full profit enterprise. 5.73.060 '~FECIAL EVENT FERMI'T Al?P~ICATION. All application for a special event permit shall be on a form provided by the City, and shall provide the informatio necessary far staff to make their recommendations to the City Manager. Said form shall provide a least the following information: B applicant's identity, and the identity of a responsible natural person that will ve as the City's primary interface for communications. If the applications is made a partnership, the names and addresses of the partners shall appear. Where the dicant is a corporation, the application shall be signed by the president and retary of such corporation and shall contain the addresses of such corporate leers, and a certified copy of the articles of incorporation shall be submitted with application. The name, date of birth, driver's license number, residealce and fling address of the responsible natural person shall also be included. When the ~licvlt intends to utilize a professional event-organizer, the City Manager shall -3- ' I! i 1' 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 'fie 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; C:\ELSWORPJORD.SPEC -4- '~: s! y. YF iI !°~ 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-lOBC 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 azea. Additional fuel cylinders shall be stored in an azea designated by the fire department. 8. Copies of State Fire Mazshal approved certificates of flame retazdance 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 temporazy 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 azea. Generator fuel shall be stored in approved safety cans; maximum capacity five gallons. C:\ELSINORPIORD.SPEC -S- sv' oz. ~~ .i{ ~F. '1.' 86-17-1993 a5~02PM FROM TO 67x2392 P,~7 11. That and 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 der'~nonstraflons, 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 ~curred as a result of the event. The permittee shall post said deposit or bond at least fourteen days before the event. The pennittee shall be given an accounting of all ch es within a reasonable time after the event, and a refund if due. 12. The applicant seeking to utilize publicly owned property must be a public non-profit organization. A Special Event Permit for the utilization of publicly owned property shall not be used for any full profit enterprise. 5.73.090 INSPECTION OF GAMES, RIDFS AND FOOD CONCESSIONS. At least one dad prior to the opening of the special events, representatives of the City shall inspect the games, nd sand 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 inspectiq~ns are performed. 1. Inspecti respons 2. Inspecti waking the fire 3. Insaecti 4. of rides and installations regulated by the National Electrical Code shall be the ity of the Building Department. m of fire-protection devices, public assembly areas, emergency vehicular access, and heating devices, flame retardancy and fuel storage shall be the responsibility of of the games shall be the responsibility of the police department. Food services and sanitary facilities shall be the responsibility of the County Health Departr~tent. The applicant shall secure appropriate permits from the County therefore with the app~oval clearly displayed. 5.73.100 FUR 'YIOLA'I"IONS. Notwithstanding any approval given pursuant to this Chapter, any City police officer, fire official or building off~cial 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 evert or any special event. 5.73.110. OF APPLICATION. CTpon receipt o~ a complete application and the application fee, the Community Services Deparpnent shall refer same to concerned departments of the City, including, but not limited to the -City c:~rsuaox~oxn.spec -6- ;~. >. ;~: ,~ 06-17-1993 95~~73FM FR01n TO 5742392 R.©8 Attorney, Police Chief, Fire Chief, Planning Department, building and Safety 1epartment, 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. 5.73.120 ]INVESTIGATION OF APPLICANT. An applicant shall be prima facie disqualified fvr a permit under this Chapter if he has been convicted of a felony. The applicant may alsa 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 Policz (Sheriff's Captain) is sgecifically authorized to fain state summary criminal history record information as provided for in Section 11105 of the P nat Code of the State. The Chief of Police (Sheriffl s Captain) shall disqualify the applicant, without a hearing by the City Manager and without fiutlrer 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. II' The City Manager shall consider any mitigating factors such ac, but not limited to, evidence of rehabilitation, length of time elapsed since such convicflon, 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 ANri ~4NI)S. 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 acid 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 cantractors shall alsv provide copies of their worker's compensation certificates for ali employees. (b) The applicant shad also agree to indemnify the City, its officers and employees from any claim o'r liability arising aut 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 aiso pay said tax in addition to any fees provided far herein. c~erswoa~onn.srr>c ~,~ - .,_ _ry_ 'z` F~6-17-1993 a5~~3PM FROM T6 6742392 P.~9 5.73.x50 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 r1P'PROVAL OR DENTAL. (a} The City Manager, after consulting with the Chief of Police (Sheriff's Captain), Fize 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 Cit}~ Manager fords: 1. ',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. 'T'hat 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 maybe 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, substanceldrug abuse, sexual wnduct, 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 1°l/N'ALT`X. 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 sweet or special event but any person lrnowingly participating in the event'after being advised of its illegality. c:~ra.suvoxe~oxnsvF.c -8- "F) y2 ~. ~lr :y. Ob-17-1993 ~5~04PM PP.C1M TO 6742392 P.1~1 ~' ~F',CTI4N. II. "This ordinance shall become effective as .provided by law. INTRODUCED ANDAPPItOVEDUPONFIR5TREADilVGthis Bth Day of June 1993, Upon the fallowing roll call vote: AYES: COUNCILMEMBERS: ALDNGI, DDMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: CHERVENY ABSEN'T': CDUNCILMEMBERS: NONE A$STfS.IN: CDUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 22nd Day of June_ _, , 1992, Upon the following roll call vote: AY~"~ COUNCILPIEMBERS: ALDNGI, CHERVENY, DDMINGUEZ, WINKLER,WASHBURN NOES: CDUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NE A$STt#I1V; CDUNCILMEMBERS: E ~j~ ~/~ GAR . WASTTBURN, MAYOR City o ke Elsinore A~EST: Vicki Lynne ICa~i, i~ity Clerk City of Lake ~l.~inore (SEAL) APPROVED ~YS TO FORM AND LEGALITY: ~-Jt/-V-~ ~i john R. Flarpei, City tto ey City of Lake Elsinore C1&L9ICdORH/OR17.SPEC -9- ~. iii 'K: Tii iTl11 G 1 fT STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Ordinance was read for adoption on June 8, 1993, and was passed on June 22, 1993, by the following vote: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: NONE ABSENT: COUNCILMEMBERS: NONE .ABSTAIN: COUNCILMEMBERS: NONE JICKI KASAD, CI'T'Y CLERK CITY OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 959 of said Council, and that the same has not been amended or repealed. D ED: ~J~une 23, 1993 VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE (SEAL)