Chapter 5.18
SPECIAL EVENTS
Sections:
5.18.060 Application submittal requirements.
5.18.070 Permit approval or denial.
5.18.090 Public liability and insurance requirements.
5.18.120 Interfering with special events.
5.18.130 Violation – Penalties.
5.18.010 Purpose.
It is the purpose of this chapter to provide for rules governing the issuance of permits for special events occurring within the City. Its intent is to ensure reasonable and consistent criteria for the approval of permits to allow special events as long as those activities are consistent with the public health and safety and the protection of property. (Ord. 674 § 2, 2011).
5.18.020 Definitions.
For the purposes of this chapter, the following words and phrases shall be defined as set forth in this section, unless it shall be apparent from the context that a different meaning is intended:
A. “City Manager” shall mean the City Manager of the City of Calistoga or such other employee of the City Manager or his or her designee.
B. “Special event” means any event, farmers market, festival, stroll, fair, show, showcase, house or garden tour, concert, dance, public or private firework display, rally, racing event, auction, parade, filming activity as defined in Chapter 3.30 CMC, demonstration or competition of creative athletic form, including but not limited to music, dance, theater, speech, athletic, or other visual, audio, or tactile arts or combination thereof, or other similar events or activities as determined by the City Manager, including incidental retail sales of products of such activities, on public or private property within the City with a duration of one to six consecutive days or an event series. This includes any gathering or assemblage of individuals for the purpose of observing or engaging in expressive activities within the ambit of the First Amendment of the United States Constitution and Sections 2, 3, and 4 of Article 1 of the California Constitution.
C. “Special event permit” means a permit issued pursuant to this chapter. (Ord. 674 § 2, 2011).
5.18.030 Applicability.
A. Any assembly or congregation of persons, display, entertainment or demonstration, that is likely to meet one or more of the following criteria:
1. Attendance of any size using City facilities or public property;
2. Events attended by 20 or more people held on commercial property outside of use permit approval as defined in Chapter 17.40 CMC or outside of their normal business operation;
3. Obstructs, delays or interferes with the normal flow of pedestrian or vehicular traffic, or otherwise fails to comply with traffic laws and controls; or
4. Can reasonably be expected to become a hazard to the public peace, health, safety or general welfare as determined by the City Manager.
B. Exemptions.
1. Governmental agencies, including the Napa County Fairgrounds, the Calistoga Joint Unified School District, acting within the scope of their authorized function.
2. Assembly organized for the purpose of exercising First Amendment rights and involving a procession of persons walking on sidewalks and obeying all traffic and other laws.
3. Special events held at a private residence.
4. Special event authorized by use permit approval as defined in Chapter 17.40 CMC.
5. Provisions of this chapter waived by the City Council or City Manager. (Ord. 674 § 2, 2011).
5.18.040 Permit required.
Unless there has been obtained from the City a permit to do so or unless the requirement has been exempted or waived, it shall be unlawful for any person to organize, hold, manage, conduct, aid, participate in, form, start or carry on, any special event, or cause or permit the same upon any commercial property, or any public street, alley, park, or other public property or facility in the City. Said permit shall be carried, and presented for inspection upon demand to any employee of the City of Calistoga, by person heading or leading said activity. (Ord. 674 § 2, 2011).
5.18.050 Procedures.
A. Except as otherwise provided herein, all applications for permits shall be filed with the City Manager no later than 45 days before the scheduled special event.
B. The City Manager shall, for good cause, consider an application that is filed after the filing deadline if there is sufficient time to process and investigate the application and obtain police and other city services for the event. Good cause may be demonstrated by showing that the circumstances that gave rise to the permit application did not reasonably allow the participants to file an application within the time prescribed. (Ord. 674 § 2, 2011).
5.18.060 Application submittal requirements.
A. Applications for a permit shall be made to the City Manager on forms provided by the City.
B. For larger special events, a preapplication meeting is required with the City Manager.
C. The application for a permit shall include the following information:
1. Written proof of consent by the owners of the property where the special event is to be held;
2. The name, address and telephone number of the applicant and an alternate contact person;
3. The location of the event, including its boundaries and site plan drawings;
4. If the proposed event is sponsored by an organization, the name, address, and telephone number of the organization, and the authorized representative of the organization;
5. The nature and purpose of the event, including a list of all planned activities that are contemplated for the special event;
6. The name, address and telephone number of the person(s) who will be present and in charge of the event on the day of the special event;
7. Date and estimated starting and ending times of the special event, including set-up and cleanup time;
8. The estimated number of participants of the special event;
9. The type, location, and estimated number of vehicles, animals and temporary structures which will be engaged or involved in the special event activity;
10. The type, location, and estimated number of water and/or first aid stations that will be available to serve participants of the special event;
11. The type, location, and estimated number of the sanitary facilities that will be available to serve the participants of the special event;
12. A description and location of any sound-amplification equipment and the times during which such equipment will be used at the special event, a sound plan that describes measures to be taken by the applicant to ensure compliance with all applicable City laws, rules and regulations regarding amplified sound and music, sound contact person during event activities;
13. Whether any food or nonalcoholic beverages will be sold or consumed at the special event and, if so, proof of compliance with all applicable local, state and federal laws, rules and regulations, including proof that the applicant has obtained all necessary permits;
14. Whether any alcoholic beverages will be sold or consumed at the event and, if so, proof of compliance with all applicable laws, rules and regulations of the California Department of Alcoholic Beverages Control;
15. Expected parking requirements and parking plan for the special event;
16. Required California Department of Transportation encroachment permit if event is being held on a State highway;
17. Required Napa County encroachment permit if event is being held on a County roadway;
18. The plan for cleanup after the special event, including any contracts to effectuate the cleanup;
19. Proof of event, liquor and general liability and property insurance.
D. Supplemental Information. The applicant shall provide any supplemental information that, under the particular circumstances of the special event, the City Manager finds reasonably necessary to determine whether to approve or conditionally approve a permit application.
E. Each application shall be accompanied by a nonrefundable permit application fee in the amount set by City Council resolution. This non-refundable fee shall cover the actual costs of processing and investigating special events applications and administering the special events permit program. (Ord. 674 § 2, 2011).
5.18.070 Permit approval or denial.
A. The application for a special event permit shall be approved or denied within 15 calendar days of receipt of a completed application. The permit shall be approved by the City unless, based on any of the following criteria and/or considerations, denial of the permit would be in the best interest of the City:
1. The special event will substantially disrupt the use of a street at a time when it is usually subject to traffic congestion, or potentially interfere with the operation of emergency vehicles in the proposed special event area;
2. The location of the special event will substantially interfere with street maintenance work, or a previously authorized excavation permit;
3. The location of the special event is on City-owned property and the event will substantially interfere with municipal functions, or other previously authorized activities on City property;
4. The special event creates a substantial risk of injury to persons or property;
5. The applicant failed to complete the application after being requested to do so, or the information contained in the application is found to be false in any material detailed;
6. The particular activity associated with the special event would violate federal, state or local law(s) including license or permit requirements;
7. The special event would pose a potential threat to the health, safety and welfare of the City’s population;
8. Past history which resulted in hazards in public health, safety and welfare, falsified information, and improper conduct.
B. When the grounds for permit denial can be corrected by imposing reasonable conditions, the City Manager may impose such conditions rather than denying the permit. (Ord. 674 § 2, 2011).
5.18.080 Permit conditions.
A. A permit issued pursuant to this chapter shall prescribe the day(s), hours, and location of the event in addition to any conditions of operation which may be necessary or convenient to ensure the public health, safety or welfare including, but not limited to:
1. Requirements for the presence of Calistoga Police, Fire, Public Works or Community Resources employees, or private security personnel at the applicant’s expense;
2. Requirements concerning the posting of “no parking” signs and placement of other traffic control devices at the applicant’s expense;
3. Adequate, safe parking and staging areas for the participants;
4. Arrangements for emergency services and sanitation facilities for participants;
5. Restrictions on the use of gunfire, explosives, pyrotechnics or other hazardous devices;
6. Restrictions on the use of noise generating equipment, including maximum decibel levels and duration of use of any amplified sound system equipment;
7. Restrictions of hours of activity;
8. Requirements concerning notice to affected adjacent property owners of the special event;
9. Other matters which may significantly affect the safety or welfare of event participants and the general welfare;
10. Private and public insurance and indemnification requirements as outlined in CMC 5.18.050.
C. The City Manager is authorized to modify the permit on, before, or during the special event to ensure the public health, safety, or welfare.
D. The City Manager is authorized to require immediate modification or termination of the special event if any of the conditions imposed upon the permit pursuant to subsection (A) of this section are violated, or found to be insufficient by appropriate City employees while the special event is in progress. (Ord. 674 § 2, 2011).
5.18.090 Public liability and insurance requirements.
A. Indemnification of the City.
1. As a condition of issuance, the approved permittee agrees to indemnify, hold harmless, release and defend (even if the allegations are false, fraudulent, or groundless), to the maximum extent allowed by law, the City Manager, the City of Calistoga, its City Council, and each member thereof, and its officers, employees, advisory board members and representatives, from and against any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attorney’s fees and costs of litigation) which in whole or in part result from, arise out of, or are claimed to result from or to arise out of any acts, negligence, errors, or omissions of the approved applicant, its employees, representatives, contractors, subcontractors, or agents by reason of or arising out of, or in any matter connected with, any and all acts, operations, privileges authorized, allowed or undertaken pursuant to the use approval under their ordinance including, without limitation, any condition or property used in operations.
2. This agreement of indemnity includes, but is not limited to, personal injury (including death at any time) and property or other damage sustained by any person or persons (including, but not limited to, companies, corporations, approved applicant and its employees or agents, and members of the general public).
3. As a further condition of issuance of the approval, the approved permittee covenants not to sue the City Manager or designee, City, its City Council and each member thereof, and its employees, agents and representatives and shall cause its insurers to waive subrogation against the same with respect to any action, claim or demand in any way resulting from or connected with any or all undertakings and operations conducted pursuant to the permit approval.
B. Liability Insurance. The approved permittee shall be required to have comprehensive general liability insurance providing for the following limits naming the City of Calistoga an additional insured in an amount not less than $1,000,000. If alcohol is to be sold or served, insurance coverage must include liquor liability.
C. A copy of the indemnification, policy or a certificate of insurance along with all necessary endorsements along with a separate endorsement page naming the City of Calistoga, including its elective and appointive boards, commissioners, officers, agents and employees, as additionally insured for the duration of the scheduled event must be filed with the City with the special event application pursuant to CMC 5.18.060. (Ord. 674 § 2, 2011).
5.18.100 Fees.
A. A special event permit application processing fee shall be established by City Council resolution.
B. A schedule of fees and deposits for required City services and use of City property shall be established by City Council resolution. The applicant shall prepay such fees and/or deposit funds as determined by the City to be appropriate within 15 days prior to the special event.
C. Any additional fees incurred at the event will be billed back to the applicant within 15 days and due to the City within 45 days from the event. (Ord. 674 § 2, 2011).
5.18.110 Appeals.
Any decision on a special event permit pursuant to the provisions of this chapter may be appealed to the City Manager and/or the City Council pursuant to Chapter 1.20 CMC, Appeals. (Ord. 674 § 2, 2011).
5.18.120 Interfering with special events.
No person shall, without consent of the permittee, join or participate in the special event, or in any manner interfere with its progress or orderly conduct. (Ord. 674 § 2, 2011).
5.18.130 Violation – Penalties.
Persons who violate any provisions of this chapter or who otherwise fail to comply with any of the requirements herein shall be subject to penalties as prescribed in Chapter 1.08 CMC, General Penalty. (Ord. 674 § 2, 2011).