CHAPTER 12A
PARADES, ATHLETIC EVENTS, OTHER SPECIAL EVENTS

12A.1 Title.

This chapter shall be known as the Fairfield Parade and Other Special Events Ordinance.

12A.2 Purpose.

This chapter establishes the standards for the issuance of a permit for parades, athletic events, and other special events in the City of Fairfield.

12A.3 Definitions.

"Applicant" shall mean any person or organization who seeks a special event permit from the department of public safety to conduct or sponsor an event governed by this chapter. An applicant must be 18 years of age or older.

"Athletic Event" shall mean an occasion in which a group of persons collectively engage in a sport, or form of physical exercise on a city street, sidewalk, alley, or other street right of way, which obstructs, delays, or interferes with the normal flow of pedestrian or vehicular traffic, or does not comply with traffic laws and controls. Athletic events include bicycle and foot races.

"Block Party" shall mean a festive gathering on a residential street requiring a closure of a street, or a portion thereof, to vehicular traffic, and use of the street for the festivity including barbecues, picnics, music, or games.

"Chief of Police" shall mean the chief of police or his authorized representative. (Ord. No. 93-9, § 11.)

"Event" shall mean a parade, athletic event, or other special event.

"Free Speech Route" shall mean a route (course of travel) along designated streets, sidewalks or other street rights of way which are pre established by the chief of police for use by special events whose primary purpose is first amendment expression. No traffic and crowd control fees will be charged pursuant to section 12A.15 for events utilizing a free speech route, if the event applicant satisfies the conditions for waiver of fees specified in subsection 12A.15(e). (Ord. No. 93-9, § 11.)

"Other Special Event" shall mean a street fair, art and craft show, carnival, block party, soap box derby, rally, or other special event which occurs on a city street, sidewalk, alley, or other street right of way, or on a public or private off street parking lot, which obstructs, delays, or interferes with the normal flow of pedestrian or vehicular traffic, or does not comply with traffic laws and controls.

"Parade" shall mean a march or procession consisting of persons, animals or vehicles, or combination thereof, on any city street, sidewalk, alley, or other street right of way, which obstructs, delays, or interferes with the normal flow of pedestrian or vehicular traffic, or does not comply with traffic laws or controls.

"Permit Application Fee" shall mean the fee to be paid by the special event permit applicant at the time the application is filed with the chief of police. A fee schedule shall be set by the city council and shall cover the actual full costs or a portion thereof of processing and investigating special event applications, and administering the special event permit program. (Ord. No. 93-9, § 11.)

"Permittee" shall mean any person or organization who has been issued a special events permit by the chief of police. (Ord. No. 93-9, § 11.)

"Right of way" has the same meaning as defined in section 16.4.1. of chapter 16.

12A.4 Permits required; exceptions.

Any person desiring to conduct or sponsor a parade, athletic event, or other special event in the City of Fairfield shall first obtain a special event permit from the chief of police. (Ord. No. 93-9, § 11.)

A special event permit is not required for the following:

a. Funeral processions.

b. A parade, athletic event or other special event which occurs wholly within a city park or golf course; however, such an event may be subject to the requirements of chapters 12B or 12C of this code.

c. Parades involving a total of 40 or fewer pedestrians marching along a parade route which is restricted to marching on sidewalks, and crossing streets only at pedestrian crosswalks in accordance with traffic regulations and controls. Pedestrians participating in the parade shall cross crosswalks in units of 15 or less, and shall allow vehicles to pass between each unit.

12A.5 Application procedure/fee.

a. Any person desiring to sponsor a parade, athletic event, or other special event not exempted by section 12A.4 shall apply for a special event permit by filing a verified application with the chief of police on a form supplied by the chief of police. If the application is for a parade or other event along a route pre established by the chief of police pursuant to subsection 12A.15 (d) or a free speech route pursuant to subsection 12A.15 (e) the application shall be filed not less than 22 days nor more than 90 days before the date on which the event is to occur. All other applications shall be submitted not less than 30 days nor more than 90 days before the event date.

b. Upon a showing of good cause, the chief of police shall consider an application which is filed after the filing deadline if there is sufficient time to process and investigate the application, and obtain police services for the event. Good cause can be shown by the applicant demonstrating, among other things, that the circumstance which gave rise to the permit application did not reasonably allow the participants to file within the time prescribed, and that the event is for the purpose of exercising the right of free speech. (Ord. No. 93-9, § 11.)

c. The application for a permit shall be accompanied by a nonrefundable permit application fee in the amount set by city council resolution.

12A.6 Contents of application form.

The application for a special event permit shall provide the following information:

(a) All events:

(1) The name, address, and telephone number of the applicant and an alternative contact person.

(2) If the event is proposed to be sponsored by an organization, the name, address and telephone number of the organization, and the authorized head of the organization. If requested by the chief of police, written authorization to apply for the special event permit by an officer of the organization. (Ord. No. 93-9, § 11.)

(3) The name, address and telephone number of the person who will be present and in charge of the event on the day of the event.

(4) The nature and purpose of the event.

(5) Date and estimated starting and ending time of the event.

(6) Location of the event, including its boundaries.

(7) Estimated number of participants in the event.

(8) The type and estimated number of vehicles, animals, and structures which will be used at the event. Whether there will be water aid stations at the event.

(9) Description of any sound amplification equipment which will be used at the event.

(10) Whether any food or beverages will be sold at the event.

(11) Whether monitors will be employed at the event.

(12) Parking requirements for the event.

(13) Certification that the applicant has provided written notice to the occupant of each business or residence which abuts the route or location of the parade or athletic or special event, that an application for a permit will be filed with the chief of police. The notification shall state the date, hours, and route or location of the proposed event. (Ord. No. 93-9, § 11.)

(b) Additional information required for parades, races, and other events occurring along a route.

(1) The assembly point for the event, the time at which units of the parade or other event will begin to assembly.

(2) The route to be traveled.

(3) Whether the parade or other event will occupy all or only a portion of the streets proposed to be traversed.

(4) The intervals of space to be maintained between units of a parade or other event.

(5) The number, types, and size of floats.

(6) Material and maximum size of any signs or banners to be carried along the route.

(1) A diagram of the event location which shows the area to which the sale or furnishing of beer or wine and its consumption shall be confined.

(2) A description of how the area will be segregated from other event activities by means of fixed or portable barricades, walls, ropes, or other devices.

(d) Supplemental information:

Any supplemental information which the chief of police shall find reasonably necessary, under the particular circumstances of the special event application, to determine whether to approve, or conditionally approve a special event permit pursuant to sections 12A.8, 12A.9 and 12A.10.

12A.7 Action on application.

The chief of police shall approve, conditionally approve, or deny an application for the grounds specified in section 12A.8. Such action shall be taken no later than 5 days after receiving a completed application for an event along a pre established route pursuant to subsection 12A.15(d) or free speech route pursuant to subsection 12A.15(e) by giving written notice to the applicant by certified mail, return receipt requested, or by personal service. Action on all other special event applications shall be taken no later than 10 days after receiving a completed application and notice of action on the application given by the same method. If the application is denied, or conditionally approved, the chief of police shall inform the applicant of the grounds for denial in writing, or the reason for a change in the date, time, route, or location of the event, and his right of appeal. If the chief of police safety relied on information about the event other than that contained in the application, he shall inform the applicant what information he considered. The applicant shall be notified of any permit conditions at the time the application is approved and of his right of appeal of the permit conditions. If the chief of police refuses to consider a late application under section 12A.5 (b), the chief of police shall inform the applicant of his reason for the refusal, and of his right of appeal by giving written notice to the applicant by certified mail, return receipt requested, or by personal service. (Ord. No. 93-9, § 11.)

(a) The chief of police shall approve an application for a special event permit unless he determines from a consideration of the application, or other pertinent information, that:

(1) Information contained in the application, or supplemental information requested from the applicant, is found to be false in any material detail.

(2) The applicant fails to complete the application form after having been notified of the additional information or documents required.

(3) The sole purpose of the event is advertising of the product, good, ware, or merchandise of an individual business establishment or vendor, and is designed to be held solely for private profit and not for first amendment expression.

(4) Another special event permit application has been received prior in time, or has already been approved, to hold another event at the same time and place requested by the applicant, or so close in time and place as to cause undue traffic congestion, or the public safety department is unable to meet the needs for police services for both events; or

(5) The time, route, or size of the event will substantially interrupt the safe and orderly movement of traffic contiguous to the event site or route, or disrupt the use of a street at a time when it is usually subject to great traffic congestion; or

(6) The concentration of persons, animals and vehicles at the site of the event, or the assembly and disbanding areas around an event, will prevent proper police, fire, or ambulance services to areas contiguous to the event; or

(7) The size of the event will require diversion of so great a number of police officers of the city to insure that participants stay within the boundaries or route of the event, or to protect participants in the event, as to prevent normal protection to the rest of the City of Fairfield. Nothing herein authorizes denial of a permit when additional peace officers would be available to the city under applicable state law and mutual aid plans, if requested by the city in advance of the event. Nothing herein authorizes denial of a permit because of the need to protect participants from the conduct of others, if reasonable permit conditions can be imposed to allow for adequate protection of event participants with the number of police officers available to police the event.

(8) The parade, or other event moving along a route, will not move from its point of origin to its point of termination in three hours or less.

(9) The location of the event will substantially interfere with any construction or maintenance work scheduled to take place upon or along the city streets, or a previously granted encroachment permit.

(10) The event shall occur at a time when a school is in session at a route or location adjacent to the school or class thereof, and the noise created by the activities of the event would substantially disrupt the educational activities of the school or class thereof.

(b) When the grounds for denial of an application for permit specified in subsections (a)(4) through (a)(10) above, can be corrected by altering the date, time, duration, route, or location of the event, the chief of police shall instead of denying the application conditionally approve the application upon the applicant’s acceptance of conditions for permit issuance. The conditions imposed shall provide for only such modification of the applicant’s proposed event as are necessary to achieve compliance with subsections (a)(4) and (a)(10) above. (Ord. No. 93-9, § 11.)

12A.8 Grounds for denial of application for a special event permit.

(a) The chief of police shall approve an application for a special event permit unless he determines from a consideration of the application, or other pertinent information, that:

(1) Information contained in the application, or supplemental information requested from the applicant, is found to be false in any material detail.

(2) The applicant fails to complete the application form after having been notified of the additional information or documents required.

(8) The parade, or other event moving along a route, will not move from its point of origin to its point of termination in three hours or less.

12A.9 Permit conditions.

The chief of public safety may condition the issuance of a special events permit by imposing reasonable requirements concerning the time, place, and manner of the event, and such requirements as are necessary to protect the safety of persons and property, and the control of traffic; provided such conditions shall not unreasonably restrict the right of free speech. Such conditions include:

(a) Alteration of the date, time, route or location of the event proposed on the event application;

(b) Conditions concerning the area of assembly and disbanding of parade or other event occurring along a route;

(c) Conditions concerning accommodation of pedestrian or vehicular traffic, including restricting the event to only a portion of a street transversed;

(d) Requirements for the use of traffic cones or barricades;

(e) Requirements for provision of first aid or sanitary facilities;

(f) Requirements for use of event monitors, and providing notice of permit conditions to event participants;

(g) Restrictions on the number and type of vehicles, animals, or structures at the event, and inspection and approval of floats, structures, and decorated vehicles for fire safety by the Fairfield Fire Department;

(h) Compliance with animal protection ordinances and laws;

(i) Requirements for use of garbage containers, cleanup and restoration of city property;

(j) Restrictions on use of amplified sound;

(k) An application for a special event permit to conduct a block party may be conditioned on notice and approval by 50% of the residents of dwellings along the affected street(s);

(l) Compliance with any relevant ordinance or law and obtaining any legally required permit or license.

(m) A crowd control plan to ensure the safety of persons and property which may require the use of uniformed or nonuniformed public safety personnel or private security personnel.

12A.10 Permit conditions for sale or furnishing of beer or wine at special events.

The sale or furnishing of beer or wine at a special event shall be authorized only under the following conditions:

(1) A license to sell alcoholic beverages is obtained from the State of California if required by state law or regulation.

(2) The sale or furnishing of beer or wine is limited to those persons who may lawfully consume alcoholic beverages.

(3) The sale or furnishing and consumption of beer or wine is confined to a specific, predetermined location approved by the chief of police, such as a beer garden or wine garden, which is segregated from other event activities by means of fixed or portable barricades, walls, ropes, or other devices.

(4) Beer or wine is not sold or furnished in metal or glass containers, however, event souvenir containers of metal or glass may be approved if the applicant demonstrates that their use will not constitute a safety hazard.

(5) The sale or furnishing of beer or wine can be accomplished without jeopardizing the safety of event sponsors, event participants, and the surrounding community.

12A.11 Appeal procedure.

(a) The applicant shall have the right to appeal the denial of a permit or a permit condition. The applicant shall also have the right to appeal the amount of fees, or clean up deposits imposed pursuant to section 12A.15 and section 12A.16, or a determination by the city that the applicant’s insurance policy does not comply with the requirements specified in section 12A.14. A notice of appeal shall be filed with the city clerk within seven days after mailing or personal delivery of a notice of denial or conditional approval, setting the grounds for the appeal. Regular meetings of the city council are scheduled in accordance with section 2.14 of this code, usually the first and third Tuesday of each month. The appeal must be filed no later than noon, one calendar week preceding a city council meeting, to be placed on the next regular meeting’s agenda.

The city council shall hear the applicant or a designated representative, receive any relevant information and documents, and act on the appeal at its next regular meeting. The decision of the city council is final.

(b) If there is insufficient time for a timely appeal to be heard by the city council prior to the date on which the event is scheduled, the applicant may, at his option, request that the city clerk schedule the appeal before the city manager. The city manager or his designee shall hold a hearing no later than the second business day after the filing of the appeal, and will render his decision no later than the next business day after hearing the appeal. If the appeal is heard before the city manager, the city manager’s decision is final.

12A.12 Permit issuance.

The chief of police shall issue the special events permit once the application has been approved, and the applicant has agreed in writing to comply with the terms and conditions of the permit, and the following sections of this ordinance have been complied with:

a. Section 12A.13 pertaining to indemnification.

b. Section 12A.14 pertaining to insurance.

c. Section 12A.15 pertaining to police traffic and crowd control fees.

d. Section 12A.16 pertaining to cleanup deposits (when applicable).

12A.13 Indemnification agreement.

Prior to the issuance of a special event permit, the permit applicant and authorized officer of the sponsoring organization, if any, must sign an agreement to reimburse the City of Fairfield for any costs incurred by it in repairing damage to city property occurring in connection with the permitted event proximately caused by the actions of the permittee/sponsoring organization, its officers, employees, or agents, or any person who was, under the permittee’s sponsoring organization’s control insofar as permitted by law. The agreement shall also provide that the permittee/sponsoring organization shall defend the city against, and indemnify and hold the city harmless from, any liability to any persons resulting from any damage or injury occurring in connection with the permitted event proximately caused by the actions of the permittee/sponsoring organization, its officers, employees or agents, or any person who was under the permittee’s/sponsoring organization’s control insofar as permitted by law. Persons who merely join in a parade or event are not considered by that reason alone to be "under the control" of the permittee/sponsoring organization.

12A.14 Insurance.

(a) The applicant/sponsor of an 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. Such insurance shall name on the policy or by endorsement as additional insureds the City of Fairfield, its officers, employees, and agents. Insurance coverage must be maintained for the duration of the event.

Coverage shall be a comprehensive general liability insurance policy.

Minimum limits required:

1.$500,000 each person bodily injury

$1,000,000 each occurrence bodily injury

$100,000 each occurrence property damage

2. $1,000,000 each occurrence combined single limit bodily injury and property damage

If food or non alcoholic beverages are sold or served at the event, the policy must also include an endorsement for products liability in an amount not less than $500,000. If wine or beer is sold or furnished at the event, the policy must also include an endorsement for liquor liability in an amount not less than $1,000,000. At any time when the insurance coverage required under this section may be purchased by a permit applicant through a city held insurance policy, such coverage shall be made available to all permit applicants at the rates stated in the policy premium schedule.

(b) A copy of the policy or a certificate of insurance along with all necessary endorsements must be filed with the chief of police no less than five days before the date of the event unless the chief of police for good cause waives the filing deadline. The special 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/sponsor.

(c) The insurance requirements of subsections (a) and (b) above shall be waived by the chief of police for nonathletic events if the following conditions are satisfied:

1. The applicant or an officer of the sponsoring organization signs a verified statement that he believes the event’s purpose is first amendment expression, and that he has determined that the cost of obtaining insurance is so financially burdensome that it would constitute an unreasonable burden on the right of first amendment expression, or that it has been impossible to obtain insurance coverage. The statement shall include the name and address of one insurance agent or other source for insurance coverage contacted to determine insurance premium rates for insurance coverage.

2. The City of Fairfield may, at its discretion, determine to require the applicant/sponsor to apply for insurance coverage for the event under a policy selected by the City of Fairfield. The applicant/sponsor must provide any information pertinent to qualifying for the insurance coverage. The premium for the insurance coverage will be paid by the City of Fairfield rather than the applicant/sponsor.

12A.15 Traffic and crowd control fees/use of pre established event routes.

(a) Prepayment of Fees. Upon approval of an application for a special event permit, the chief of police shall provide the applicant with a statement of the estimated cost of providing police personnel for traffic and crowd control at the event. The applicant/sponsor of the event shall be required to prepay the traffic and crowd control fees prior to the issuance of a special event permit. Traffic and crowd control by police personnel includes clearing the event route or site of unauthorized vehicles, diversion of traffic around the event, and directing pedestrian and vehicular traffic along the route of an event.

(b) Computing Traffic and Crowd Control Fees. The traffic and crowd control fees will be computed by determining the number of police personnel who will be required for traffic and crowd control in addition to those who would otherwise be on duty at that time, the number of hours the police personnel will be on duty for the event, and the city’s full cost of providing the personnel on an hourly basis as established by police department fee schedule. In determining traffic and crowd control fees, the chief of police shall establish a fee based on the applicant/sponsor’s use of monitors for the event.

(c) Refunds. If the cost for traffic and crowd control on the date of the event is less than the estimated cost pursuant to subsection (a) above, the applicant/sponsor’s will be promptly refunded the difference by the City of Fairfield.

(d) Pre established Event Routes and Fees. The chief of police shall pre establish several event routes within the City of Fairfield. The routes shall specify the number of police personnel assigned for traffic and crowd control on the routes. The pre established routes and the fee schedule for police traffic and crowd control services shall be made available to the public.

(e) Free Speech Routes and Waiver of Fees. Traffic and crowd control fees will be waived by the chief of police for nonathletic events if the following conditions are satisfied:

1. The applicant/sponsor signs a verified statement that he believes the event’s purpose is first amendment expression, and that the cost of traffic and crowd control fees is so financially burdensome that it would constitute an unreasonable burden on the right of first amendment expression;

2. The applicant or sponsor selects one of the pre established free speech routes for a parade or other event established by the chief of police. (Ord. No. 93-9, § 11.)

12A.16 Cleanup deposits for certain special events.

(a) The applicant/sponsor of an event involving the sale or furnishing of food or beverages, erection of structures, horses or other large animals, or water aid stations shall be required to provide a cleanup deposit prior to the issuance of a special event permit. The cleanup deposit shall be in the amount established in a cleanup fee schedule adopted by city council resolution.

(b) The cleanup deposit shall be returned after the event if the area used for the permitted event has been cleaned and restored to the same condition as existed prior to the event.

(c) If the property used for the event has not been properly cleaned or restored, the applicant/sponsor shall be billed for the actual cost by the City of Fairfield for the cleanup and restoration, and the cleanup deposit (or a portion thereof) shall be applied toward payment of the bill. If the applicant/sponsor disputes the bill, he may appeal to the director of public works within 5 days after receipt of the bill. Should there be any unexpended balance on deposit after completion of the work, this balance shall be refunded to the applicant/sponsor. Should the amount of the bill exceed the cleanup deposit, the difference shall become due and payable to the city upon the applicant’s receipt of the bill.

12A.17 Duties of permittee/sponsor of event.

(a) Each permittee/sponsor of an event shall comply with all terms, and conditions of the special event permit.

(b) Each permittee/sponsor of an event shall ensure that the person leading a parade or other event along a route, or the person in charge of any other event shall carry the special event permit on his person for the duration of the event.

(c) Each permittee/sponsor of an event shall ensure the area used for the permitted event is cleaned and restored to the same condition as existed prior to the event, immediately following the completion of the event.

12A.18 Unlawful to sponsor or participate in an event without a permit.

It shall be unlawful for any person to sponsor or conduct a parade, athletic event or other special event requiring a special event permit, under section 12A.4, unless a permit has been issued for the event. It is unlawful for any person to participate in such an event with the knowledge that the sponsor of the event has not been issued the required permit. Nor shall any person interfere with or disrupt a lawful parade, athletic event, or other special event.

12A.19 Unlawful to exceed scope of permit.

The special event permit authorizes the permittee/sponsor to conduct only such event as is described in the permit, and in accordance with the terms and conditions of the permit. It is unlawful for the permittee/sponsor to willfully violate the terms and conditions of the permit, or for any event participant with knowledge thereof, to willfully violate the terms and conditions of the permit.

12A.20 Penalties.

Any person willfully violating any provision of the parade and other special events ordinance (this section) shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not to exceed $500 for each violation of the ordinance. Such violations may also be addressed by civil action. (Ord. No. 90-3, § 2.)

CHAPTER 12APARADES, ATHLETIC EVENTS, OTHER SPECIAL EVENTS