Chapter 40.36
USE OF PUBLIC STREETS
Sections:
40.36.040 Application procedures.
40.36.050 Processing of application.
40.36.060 Objection to determination.
40.36.090 Notification of issuance.
40.36.010 Purpose.
This chapter establishes the procedures for regulating events conducted on public streets for the protection of the health, safety and welfare of the public.
40.36.020 Definitions.
A. A “public street event” is any assembly, procession, march or other activity consisting of persons, animals, equipment, bicycles or vehicles, or any combination thereof, conducted upon any public street, sidewalk or alley which will not comply with traffic regulations or which will interfere with the normal flow of traffic.
B. “Street” shall be defined by CMC 52.40.010(F) and shall include the entire width of the dedicated right-of-way.
40.36.030 General provisions.
A. Permit Required. No person shall conduct, manage or sponsor any public street event without a permit issued by the City Manager.
B. Interference with Public Street Event. No person shall, without the consent of the permittee, join or participate in a permitted public street event, nor in any manner interfere with its progress or orderly conduct.
C. Prohibited Events. A permit shall not be issued for a public street event that would endanger public health, safety or welfare or if the public street event is directed at solicitation of funds, sale of merchandise or the sale of tickets to observers of the event.
40.36.040 Application procedures.
A. Timely Application. The applicant shall file with the City Manager an application for permit not less than 30 days nor more than 180 days prior to the proposed date of the event.
B. Application by Agent. If the event is to be conducted by or on behalf of an organization or person other than the organization or person applying for the permit, then the applicant shall file with the application written evidence that such organization or person has authorized the applicant to apply for such permit on its behalf.
C. Contents of Application. The application shall include information relating to the following:
1. Intended purpose of the event.
2. Description of each organization sponsoring or conducting the event to include address and telephone number.
3. The name, telephone number and address of each person responsible for the supervising of the conduct of the event.
4. The proposed site and route of the event to include alternative sites and routes.
5. The proposed date of the event and the anticipated time of commencement and completion of the event with proposed alternatives.
6. A description of each vehicle and piece of equipment which will participate in or be utilized in the conduct of the event.
7. The number and types of animals that will participate in or be utilized in the conduct of the event.
8. The number and types of persons that will participate in or assist in the conduct of the event.
9. A description of each type of sound amplification device that will be utilized during the event to include a description of the anticipated use. (Ord. 1421)
40.36.050 Processing of application.
A. Action by City Manager. Within eight days after the filing of the application, the City Manager shall deny or approve the application or request additional information from the applicant.
B. Requirements for Approval. In approving an application, the City Manager must find that:
1. The event will not endanger the health, safety and welfare of the public.
2. The event does not have as its purpose the solicitation of funds or sale of merchandise or tickets to persons observing the event.
3. The event will not unduly interrupt the safe and orderly movement of the public within the City.
4. The event will not require the diversion of so great a number of police, firemen and ambulance service so as to inhibit the normal level of protection provided to the City.
5. The event will not unduly interfere with the fire protection, police protection and ambulance service normally provided to the City.
C. Determination of Cost. The City Manager shall determine the cost of public services that must be provided in order to allow the conduct of the event. The City Manager shall determine the dollar amount of liability that could potentially arise out of the conduct of the event.
D. Conditions on Issuing a Permit. In approving an application, the City Manager shall impose the following conditions upon the issuance of the permit:
1. The signing of a hold harmless agreement provided by the City by all organizations sponsoring or conducting the event.
2. Evidence of liability insurance in favor of the City of Coronado acquired by the sponsoring organization in an amount to be determined by the City Manager equal to the anticipated maximum amount of potential liability that could arise out of the conduct of the event.
3. The payment of a fee computed on the basis of the cost of providing public services for the event.
4. Such other conditions as the City Manager deems appropriate.
E. Late Applications. If an application is filed less than 30 days prior to the events the City Manager may still accept the application for processing; provided, that he determines that the event can be thoroughly analyzed for purposes of approving the issuance of a permit.
F. Notice to Applicant. The City Manager shall notify the applicant as to the action taken pursuant to subsection A of this section.
40.36.060 Objection to determination.
A. The determination of the City Manager shall become final 15 days after such action.
B. Anyone directly affected by the determination and who objects to such determination may request the City Council to consider the matter.
C. Such request must be filed with the City Clerk within 15 days of the determination and must describe the substance of the objection.
D. The City Council may consider the objection and take whatever action it deems appropriate. The decision of the City Council shall be final as to all issues involved.
40.36.070 Issuance of permit.
Upon the determination of the City Manager that all conditions imposed upon the issuance of the permit have been satisfied, the City Manager shall issue a permit allowing the public street event to be conducted in conformity with the restrictions and conditions set forth in the permit.
40.36.080 Contents of permit.
Each permit shall contain the following information:
A. Date of the event.
B. Site and route of the event.
C. Time of commencement.
D. Time of completion.
E. Minimum and maximum speed.
F. Maximum interval of distance to be maintained between units participating in the event.
G. Portions of the street that may be utilized by the event.
H. Conditions or restrictions imposed upon the conduct of the event.
40.36.090 Notification of issuance.
Upon the issuance of a public street event permit, the City Manager shall send a copy of the permit to the following:
A. The Director of Police Services.
B. The Director of Fire Services.
C. The Director of Public Services.
D. The Director of Recreation Services.
E. Each public entity which could foreseeably be affected by the conduct of the event.
F. The applicant.
40.36.100 Enforcement.
Any person conducting a public street event in violation of this chapter or the terms of any permit issued pursuant to this chapter shall be guilty of a misdemeanor.