CHAPTER 23.
COMMUNITY EVENTS
Sections:
5-23.2 Community Events Committee – Membership
5-23.3 Powers of the Community Events Committee
5-23.7 Denial or Revocation of Permit
5-23.10 Interference with a Community Event Prohibited
5-23.12 Insurance Requirements
5-23.13 Community Event Temporary Signage
5-23.14 Departmental Service Charge
5-23.16 Races – Runs – Marathons – Walks
5-23.17 Display of Community Event Permit
5-23.18 Use of City Name or Logo Without Authorization
5-23.20 Administrative Regulations
5-23.21 Other Permits and Licenses
5-23.1 Purpose.
It is the purpose of this chapter to establish a process for permitting community events to use City streets, parks, open space, facilities or services. The City recognizes the substantial community benefits that may result from community events. Such events can provide cultural enrichment, promote economic vitality and enhance community identity. The purpose of this chapter is to provide a coordinated process for managing community events to ensure the health and safety of event patrons, residents, participants, visitors; to prohibit illegal activities from occurring at the community events; and to protect the rights of community event permit holders.
It is also the intent of the City Council of the City of Emeryville to protect the rights of people to engage in expressive activities in the City’s public places and to establish the least restrictive and reasonable time, place, and manner regulation of these activities. It is further intended to create mechanisms for cost recovery and use charges, to the extent authorized by law, while not unduly impacting the viability of events.
(Sec. 4 (part), Ord. 07-012, eff. Nov. 15, 2007)
5-23.2 Community Events Committee – Membership.
There is hereby created a community events committee to carry out the provisions of this chapter. This committee is comprised of representatives of the Community Services Department and other City departments as may be designated by the City Manager from time to time. The chairperson of the committee shall be the Community Services Director or his/her designee.
(Sec. 4 (part), Ord. 07-012, eff. Nov. 15, 2007)
5-23.3 Powers of the Community Events Committee.
The community events committee shall have the power to:
(a) Administer and apply this chapter;
(b) Represent the City, under the authority of the City Manager, in discussions and in establishing agreements with the person(s) who represent the proposed event;
(c) Coordinate with City departments and with other governmental agencies for the provision of governmental services for such community events;
(d) Establish the terms and conditions, appropriate fees, and the time(s), place, and manner of the proposed event consistent with any implementing regulations/guidelines, and other provisions of the Emeryville Municipal Code applicable to the proposed event.
(Sec. 4 (part), Ord. 07-012, eff. Nov. 15, 2007)
5-23.4 Permit Required.
Except as otherwise provided by this chapter or other applicable law, rule, or regulation or any permit or license issued hereunder or pursuant to the terms of a permit, lease, or contract which has been specifically authorized by the City Council, a community event permit shall be required to be obtained from the community events committee for the following activities:
(a) A parade, procession, march or assembly consisting of persons, animals, vehicles, or any other combination thereof, which is to assemble or travel in unison on any public street, highway, alley, sidewalk or other City-designated public way and which either: (1) may impede, obstruct, impair or interfere with free use of such public street, highway, alley, sidewalk, or other public way owned, controlled, or maintained by the City; or (2) does not comply with normal or usual traffic regulations or controls;
(b) Any activity or event involving fifty (50) or more persons on City owned, controlled, or maintained property not subject to the requirements of subsection (a) of this section;
(c) Any activity or event on public property which requires the placement of a tent, canopy, or other temporary structure if that placement requires a permit from the City’s Fire Department or Planning and Building Department;
(d) Notwithstanding the above, events at facilities located on City property that are predominately used and approved by the Fire Department or the Planning and Building Department as assembly spaces do not require a community event permit so long as such events do not require a street closure or traffic diversion or require the use of other public property that does not constitute an assembly space.
(e) Spontaneous events which are occasioned by news or affairs coming into public knowledge less than forty-eight (48) hours prior to such event may be conducted on the lawn, plaza, and sidewalk in front of City Hall without the organizers first having to obtain a community event permit. If practicable, the organizers should give notice to the City’s Public Works Department and/or Police Department at least four hours prior to the event informing the City of the date and time of the event and providing an estimate of the approximate number of persons who will be attending.
Events which require advance planning, such as recreation events, competitions/contests/spectator sports, fairs, festivals, carnivals, ticketed events, sales or trade shows, or events which require a permit from the Planning and Building Department, Public Works, or the Fire Department for the placement of structures, shall not be considered to be spontaneous events.
Departmental service charges may still be incurred for events undertaken pursuant to this subsection to the extent otherwise authorized by this chapter and the administrative guidelines adopted pursuant to this chapter.
(Sec. 4 (part), Ord. 07-012, eff. Nov. 15, 2007)
5-23.5 Application.
(a) To receive a community event permit, a person must complete and file a community event permit application with the community events committee, or a designated representative, on a form approved by the City. The applicant must provide the following information:
(1) A description of the proposed use, event, or activity;
(2) The street or other public property and the specific area or areas thereof which will be utilized in connection with the proposed use, event, or activity;
(3) The manner in which the public property will be utilized;
(4) The date or dates and the specific times thereof, including set-up and tear-down, that the public property is to be utilized for the described use, event, or activity;
(5) The name, address and telephone number of the person, entity, or organization sponsoring or conducting the proposed event;
(6) The name, address, and telephone number of the person or persons to be contacted regarding the application or permit.
(b) The community events committee may refer the application to such City departments or personnel as the committee deems necessary from the nature of the application for review, evaluation, investigation, and recommendations regarding approval or disapproval of the application.
(c) An application must be submitted and reviewed in accordance with the time limits established in administrative regulations and guidelines established pursuant to Section 5‑23.20.
(Sec. 4 (part), Ord. 07-012, eff. Nov. 15, 2007)
5-23.6 Review Process.
Subject also to Section 5-23.7, the community events committee shall issue a community events permit, if it is determined that all of the following criteria have been met:
(a) The proposed use of the property is not governed by or subject to any other permit procedures provided elsewhere in this Code or other applicable laws, rules, or regulations;
(b) Timely submission of a complete community event permit application;
(c) The preparation for or the conduct of the proposed use, event, or activity will not unreasonably or unfeasibly burden City resources necessary to preserve the public’s use of the street or streets in the area contiguous to the street or other public property;
(d) The preparation for or the conduct of the proposed use, event, or activity will not unduly impede, obstruct, or interfere with the operation of emergency vehicles or equipment in or through the particular permit area or adversely affect the City’s ability to perform municipal functions or furnish City services in the vicinity of the permit area;
(e) The proposed use, event, or activity does not otherwise present a substantial or unwarranted safety, noise, or traffic hazard as may be prohibited by other provisions of the Emeryville Municipal Code;
(f) The proposed use, event, or activity will be of a nature and size appropriate to the proposed venue, location, or site, will occur during a time period approved for that venue, location, or site, and will fall within the frequency limitations established by administrative guidelines adopted pursuant to this chapter;
(g) The proposed use, event, or activity will not include live animals in parks, except if the animals are leashed or otherwise controlled;
(h) A transportation management and parking plan has been approved for the proposed use, event, or activity by the community events committee to the extent such a plan is required by implementing regulations;
(i) The proposed use, event, or activity will not cause other adverse impacts on health or safety to surrounding residential or commercial uses, which cannot be effectively mitigated. A distinction may be made between one-time and recurring events;
(j) A waste retrieval and/or recycling plan has been approved for the proposed use, event, or activity by the community events committee to the extent such a plan is required by administrative regulations.
In deciding whether to approve an application, no consideration may be given to the message of the event, the content of speech, the identity or associational relationships of the applicant, or to any assumptions or predictions as to the amount of hostility which may be aroused in the public by the content of speech or message conveyed.
(Sec. 4 (part), Ord. 07-012, eff. Nov. 15, 2007)
5-23.7 Denial or Revocation of Permit.
The community events committee shall deny an application for a community events permit or revoke a permit if the committee finds any of the following:
(a) One or more of the approval criteria in Section 5-23.6 is not met;
(b) The applicant has knowingly made a false, misleading, or fraudulent statement of fact to the City in the application process;
(c) The application does not contain the information required by this chapter;
(d) The application does not satisfy the requirements of this chapter or the administrative regulations adopted hereto;
(e) The applicant fails to comply with any conditions of approval including, but not limited to:
(1) Remittance of fees, charges, or deposits;
(2) Submittal of an indemnification agreement and/or proof of insurance to the extent required;
(3) Timely receipt of all required approvals;
(f) The applicant fails to agree as a condition of permit issuance that if City property is destroyed or damaged by reason of permittee’s use, event, or activity, and the damage or destruction is directly attributable to the permittee, the permittee shall reimburse the City for the actual replacement or repair cost of the destroyed or damaged property.
(Sec. 4 (part), Ord. 07-012, eff. Nov. 15, 2007)
5-23.8 Permit Fees.
Except as otherwise provided by this Code or any other applicable law, rule, or regulation, or by the terms of a permit, license, lease, or contract which has been specifically authorized by the City Council, the permit application fees and other additional fees and charges, including neighborhood notification fees, for the use of City streets or other City-owned or controlled property pursuant to this chapter shall be established by the City Council.
(Sec. 4 (part), Ord. 07-012, eff. Nov. 15, 2007)
5-23.9 Appeals.
Any applicant aggrieved by an adverse decision under Section 5-23.6 or 5-23.7 may appeal such decision to the City Manager, or his/her designee, by filing a written notice of such appeal with the City Manager’s office within five (5) business days of the decision. The City Manager, or his/her designee, shall issue a written decision on the appeal within one (1) working day. The City Manager’s decision shall be final except for judicial review.
(Sec. 4 (part), Ord. 07-012, eff. Nov. 15, 2007)
5-23.10 Interference with a Community Event Prohibited.
It shall be unlawful for any person to interfere with a community event permitted under this chapter by engaging in the following acts when done with the intent to cause interference:
(a) Blocking, obstructing, or impeding the passage of participants, vehicles, or animals in the community event along the community event route;
(b) Walking or running, driving a vehicle, riding a bicycle or skateboard, or using any similar device through, between, with, or among participants, vehicles, or animals in the community event;
(c) Dropping, throwing, rolling, or flying any object toward, among, or between participants, vehicles, or animals in a community event;
(d) Grabbing at, taking hold of, hitting, pulling, or pushing any participant, vehicle, or animal in the community event or anything in the possession of any participant in the community event;
(e) Throwing, squirting, dumping, or dropping any liquid or gaseous substance on, toward, among, or between participants, vehicles, or animals in the community event;
(f) Vending or offering for sale any food or merchandise from the roadway, curb to curb, of a community event route during the hours the community event route is closed to normal motor vehicle traffic without first having obtained the written permission of the person holding the permit for the community event, in addition to any permits and/or licenses required for such activity by the City or any other governmental entity.
(Sec. 4 (part), Ord. 07-012, eff. Nov. 15, 2007)
5-23.11 Hold Harmless.
Each permittee shall execute a hold harmless agreement in a form approved by the City agreeing to defend, indemnify, and hold harmless the City against losses and liabilities incurred from the conduct of the permittee or its officers, employees, and agents.
(Sec. 4 (part), Ord. 07-012, eff. Nov. 15, 2007)
5-23.12 Insurance Requirements.
(a) Except as otherwise prohibited by law or an exemption is obtained as provided by this chapter and the implementing regulations, the permittee shall procure and maintain in full force and effect during the term of the permit a policy of insurance from an insurance company approved by the City and authorized to do business in the State, which policy includes the City, its boards, officers, agents, employees, and volunteers as named insureds or additional named insureds and which provides the coverage that the City Manager determines to be necessary and adequate under the circumstances. Proof of insurance shall be submitted to the City prior to issuance of the permit and maintenance of this insurance shall be a condition of the permit.
(b) If the City Manager determines that a particular use, event, or activity which is for a permit period of no more than one day does not present a substantial or significant public liability or property damage exposure for the City or its officers, agents, employees, or volunteers, the City Manager may give a written waiver of the insurance requirements of this section.
(Sec. 4 (part), Ord. 07-012, eff. Nov. 15, 2007)
5-23.13 Community Event Temporary Signage.
Temporary or nonpermanent sign(s) identifying or pertaining to the community event may be installed by the permit holder, or his/her designee, within the event site as defined in the community event permit. The logo of a commercial sponsor may be included on a small area of the temporary sign, not to exceed one (1) square foot or five (5) percent of the banner area, whichever is smaller, provided said sign(s) are internally oriented. However, the logos of tobacco or alcohol sponsors shall be prohibited.
Directional signs for walks and races may be installed by the permit holder, or his/her designee; provided, that each sign is less than two (2) square feet in size, attached to a street light or other utility pole at a height of between five and six feet (5' and 6') without damaging the finish of the pole, and installed less than two (2) hours prior to the start of the event and removed within one (1) hour of the completion of the event. A plan showing the type and location of the proposed directional signs must be submitted as part of the community event permit application and be approved by the City. The City may remove signs that do not meet installation and removal requirements of this section and shall charge the permittee for the cost of this removal.
(Sec. 4 (part), Ord. 07-012, eff. Nov. 15, 2007)
5-23.14 Departmental Service Charge.
(a) In addition to the payment of the nonrefundable permit application fee and as detailed in the administrative guidelines adopted pursuant to this chapter, a permittee shall pay the City for City departmental service charges incurred in connection with or due to the permittee’s activities under the permit unless the event was City-produced or City co-produced.
(b) City departments shall submit the final invoices and billings for department charges to the permittee no later than ten (10) working days after the expiration date of the permit.
(c) No permittee shall be required to provide for or pay for the cost of public safety personnel to provide for the protection of a community event and its attendees from hostile members of the public or counter-demonstrations or for general law enforcement in the vicinity of the event.
(Sec. 4 (part), Ord. 07-012, eff. Nov. 15, 2007)
5-23.15 Parade Routes.
Marches and processions may not be conducted on streets classified by the City as arterial streets between the hours of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. on business days unless the march or procession is being conducted to coincide with another event, not organized or planned by the permittee, which is occurring on or adjacent to the arterial street upon which the march will be conducted.
(Sec. 4 (part), Ord. 07-012, eff. Nov. 15, 2007)
5-23.16 Races – Runs – Marathons – Walks.
The procedures and criteria for conducting races/runs/walks shall be as follows:
(a) No vehicular races shall be permitted.
(b) Events which include multiple modes of travel (i.e., walking, running, and bicycling) shall be permitted so long as the start times for different modes of travel are staggered.
(c) Prior to the issuance of a community event permit, City staff shall determine the specific portions or lanes of the roadway that may be used by the participants. This determination shall be based on safety considerations and the preservation of access to businesses and other scheduled activities along the route.
(Sec. 4 (part), Ord. 07-012, eff. Nov. 15, 2007)
5-23.17 Display of Community Event Permit.
A copy of the community event permit shall be displayed at the community event site and shall be exhibited upon demand of any City official.
(Sec. 4 (part), Ord. 07-012, eff. Nov. 15, 2007)
5-23.18 Use of City Name or Logo Without Authorization.
It shall be unlawful for the permittee conducting a community event to use the words “the City of Emeryville” or “City of Emeryville,” to suggest or indicate that the event is sponsored by the City or to use a facsimile of the seal or logo of the City of Emeryville in the promotional materials or advertising for the event without the City’s authorization.
(Sec. 4 (part), Ord. 07-012, eff. Nov. 15, 2007)
5-23.19 Block Parties.
Requests for a permit to utilize a street for a block party or other similar neighborhood event shall be made by filing an application with the community events committee. The application must include a petition in favor of the event signed by two-thirds of residents and businesses on both sides of the street to be closed. Only a street classified by the City as a local street may be utilized for a block party or other similar neighborhood event. The application will be subject to such additional rules and regulations adopted by City staff to ensure that the street closure will not be detrimental to the public health, safety, or welfare.
(Sec. 4 (part), Ord. 07-012, eff. Nov. 15, 2007)
5-23.20 Administrative Regulations.
The City Manager, or his/her designee, shall adopt administrative regulations that are consistent with and further the terms and requirements set forth within this chapter. All such administrative regulations must be in writing.
(Sec. 4 (part), Ord. 07-012, eff. Nov. 15, 2007)
5-23.21 Other Permits and Licenses.
The issuance of a community events permit does not relieve any person from the obligation to obtain any other permit or license required pursuant to this Code.
(Sec. 4 (part), Ord. 07-012, eff. Nov. 15, 2007)
5-23.22 Penalties.
(a) Anyone violating or failing to comply with any of the requirements of this chapter will be guilty of an infraction pursuant to Section 1-2.01(f) of the City Municipal Code.
(b) The City Attorney may seek legal, injunctive, or other equitable relief to enforce this chapter.
(c) Any person who conducts an event without obtaining a community events permit shall be held responsible for any costs, including clean-up and waste disposal costs and administrative costs resulting from the event as if the community events permit had been otherwise obtained.
(d) The remedies and penalties provided in this section are cumulative and not exclusive of one another.
(Sec. 4 (part), Ord. 07-012, eff. Nov. 15, 2007)