Chapter 9.70


9.70.010    Purposes and findings.

9.70.020    Definitions.

9.70.030    Special events permit requirement.

9.70.040    Application process.

9.70.050    Conditions of special event permit.

9.70.060    Indemnification.

9.70.070    Insurance.

9.70.080    Supervision of event.

9.70.090    Public protection from animals at special events.

9.70.010 Purposes and findings.

A.    Purposes.

1.    To protect the safety and welfare of persons using city roads, right-of-way and property;

2.    To assure proper traffic circulation;

3.    To prevent excessive burdens on city staff and emergency personnel.

B.    Findings.

1.    City roads, right-of-way and property are being used from time to time by groups of persons for various special events including parades, marches, arts and crafts, exhibits and sales and other special gatherings.

2.    Traffic circulation is impeded, emergency and safety personnel have been required to be used.

3.    It is necessary to adopt regulations for special events that use city roads, right-of-way and property.  (Ord. 7-90 §1(part), 1990).

9.70.020 Definitions.

For the purposes of this chapter, the words set out in this section shall have the following meanings:

A.    “Special event” shall be defined as an organized procession or assemblage in which an excess of fifty people take part, on a public road or public right-of-way, under the jurisdiction of the city that would interfere with the unrestricted movement of public traffic, requires special traffic control, or creates a safety problem or takes place on city owned property such as a public park.  Examples of special events include but are not limited to parades, wedding processions, funeral processions, demonstrations, marches, races, marathons, walkathons, bicycling or jogging events, celebrations, fairs, and other similar activities.  Notwithstanding the foregoing, activities which do not interfere with public traffic and safety and which conform to the California Vehicle Code shall not be deemed to be special events.  A road closure shall be deemed an interference with the unrestricted movement of public traffic, including pedestrian traffic on city sidewalks.

B.    “Road closures” shall be defined as any closure of any city public road or right-of-way or sidewalk within the public right-of-way or stoppage of traffic that exceeds three minutes in duration.  An intermittent traffic break shall be considered a road closure.

C.    “Special event permit” is a permit to hold a special event issued pursuant to this chapter.

D.    “Intermittent traffic break” includes the slowing down of traffic for a period of time in excess of three minutes.

E.    “Sponsor” is a person or persons, organization, association, club, city, corporation, or other entity managing, organizing, or conducting or planning to manage, organize, or conduct an event.  (Ord. 7-90 §1(part), 1990).

9.70.030 Special events permit requirement.

A.    No person shall conduct a special event unless an application, in a form furnished by the city, has been filed with the city, and a permit has been issued covering that event.

B.    The sponsor of any special event issued a permit shall conduct the event solely in accordance with the terms and conditions shown on the application and permit and not otherwise.

C.    It is unlawful and constitutes a misdemeanor for any person to violate or fail to comply with the provisions of this chapter.  In the alternative the person charged with a violation of this chapter may be charged for an infraction in the discretion of the prosecuting attorney unless the person charged objects.

D.    The fee for the special events permit shall be set by the city council by resolution.  This fee may be waived by the city council for nonprofit organizations.  (Ord. 7-90 §1(part), 1990).

9.70.040 Application process.

A.    The application for a special event or street closure shall be on a form approved by the city manager and filed with the city clerk.

B.    Applicants shall be required to execute an agreement holding the city and its employees and agents harmless from any and all liability resulting from the conduct of the special event.

C.    Applications shall include the following information:

1.    Name, address and telephone number of the sponsor(s) and the address and phone number of the event, and the address and phone number of all officers of any entity that is managing or sponsoring an event;

2.    Proposed date and hours of the event;

3.    Proposed route;

4.    Number of persons expected to participate;

5.    Number and types of vehicles, bicycles or animals expected to participate;

6.    Road closures requested, if any;

7.    Parking plans;

8.    Assembly and dispersal points and plans for parking vehicles;

9.    Whether and to what extent food, beverages or alcoholic drinks are to be served and plans for cleanup;

10.    Whether and to what extent toilet facilities will be provided;

11.    Proposed use of sound equipment;

12.    Whether the event is to be conducted for profit;

13.    Whether contributions are being solicited and their purpose;

14.    Description of similar events held by the sponsor anywhere in the United States within the last two years;

15.    Any other information necessary to determine the terms and conditions of the permit.

D.    All applications for special event permits shall be filed with the city clerk not less than one hundred twenty days nor more than one year prior to the event.  The city manager, or his designee for good cause may waive this requirement.

E.    Applicants shall pay a fee set by city council resolution to cover the cost of processing the application.  The city council for good cause may waive this requirement.

F.    The city manager, or his designee shall review all completed applications made under this chapter within forty-five working days, or a completed application shall be deemed approved.

G.    The city manager, or his designee shall approve, conditionally approve or disapprove an application in accordance with the purposes and findings of this chapter.  If an application is disapproved the city manager, or his designee shall state the reasons for disapproval.

H.    The city manager, or his designee shall not grant special event permits for events expected to be held during periods of high peak traffic flow, or the time period between one hour before sunset and one hour after sunrise shall be excluded from road right-of-way usage.  (Ord. 1-91 §1(part), 1991; Ord. 7-90 §1(part), 1990).

9.70.050 Conditions of special event permit.

A special event permit shall in addition regulate the following matters, where applicable:

A.    Event starting and ending times;

B.    City roads that will be traveled or closed;

C.    The maximum number of participants allowed;

D.    Advance posting of at least ten days of the location or route;

E.    Traffic control signs and barricades;

F.    Event participant monitors;

G.    Whether special event traffic monitors shall be required.  The city council shall require such monitors as a condition to granting a permit only where necessary for the safety of the public, and only if a training program is or has been available for the appropriate training;

H.    Parking;

I.    Off-road staging areas;

J.    Sanitation facilities;

K.    Emergency services;

L.    Route signs, markings, directions or maps;

M.    Provisions to pick up injured or fatigued participants, route signs, barricades, cones or other traffic control devices, and litter;

N.    Communication to participants of road use responsibilities;

O.    Return, replacement or repair of traffic control devices or other equipment provided by the city or its officers, employees or agents;

P.    Any other matters that in the discretion of the city manager, or his designee significantly and reasonably affect the safety or welfare of event participants or traffic;

Q.    Adequate detours for road closures is excess of fifteen minutes total.  (Ord. 1-91 §1(part), 1991; Ord. 7-90 §1(part), 1990).

9.70.060 Indemnification.

As a condition to issuance of a permit, all applicants shall indemnify, hold harmless and defend the city and each and all of its officers, employees and agents from any and all liability actions, claims, damages, costs and expenses, including reasonable attorney’s fees, costs and expenses of legal actions, which may be asserted by any person or entity, including the permittee, arising out of or in connection with the wilful act or negligence of the permittee.  (Ord. 7-90 §1(part), 1990).

9.70.070 Insurance.

As a condition to issuance of a permit, the city manager, or his designee may require an applicant to file a certificate of insurance showing the maintenance of insurance in an amount appropriate to cover the liability of the permittee for property damage and injuries to persons in connection with the activities conducted in accordance with the permit.  The amount of insurance shall be based upon the size and nature of the event, the risk foreseeably involved and the cost and availability for such insurance, and shall not exceed one million dollars.  The certificate of insurance shall name the city, its agents and employees as additional insureds.  (Ord. 1-91 §1(part), 1991; Ord. 7-90 §1(part), 1990).

9.70.080 Supervision of event.

The city and its officers, employees and agents assume no responsibility for supervision of the activities conducted under the authority of a permit.  The permittee shall be responsible for supervision of event activities.  (Ord. 7-90 §1(part), 1990).

9.70.090 Public protection from animals at special events.

A.    1. Upon the order of the chief of police and after the posting of appropriate signage, it is illegal to bring any animal upon the grounds of a special event without the written permission of the chief of police.

2.    It is illegal to remain upon the grounds of a special event with any animal after a citation for violation of subsection (A)(1) of this section.

3.    Any person who brings an animal upon the grounds of a special event in violation of subsection (A)(1) of this section shall be guilty of an infraction.

4.    Any person who continues to remain upon the grounds of a special event with an animal after a citation for violation of subsection (A)(1) of this section, in violation of subsection (A)(2) of this section, shall be guilty of a misdemeanor.

B.    As used in this section, the following words shall have the meaning set forth below:

1.    “Animal” means any dog, cat, bird, reptile, horse, pig, cow or any other domesticated or undomesticated animal whether leashed or unleashed, harnessed or unharnessed, haltered or unhaltered, caged or uncaged or otherwise restrained or at liberty except that it shall not apply to guide dogs used to assist visually impaired or disabled persons, nor shall it mean any animal brought onto the grounds by the organizers of the special event for the purpose of entertainment.

2.    “Appropriate signage” means signs approved prior to the event by the chief of police and which are posted at all entrances to the special event and other locations as required by the chief of police, which state in letters at least two inches in height “No Animals Allowed” and in letters at least one inch in height “pursuant to Section 9.70.090 HMBMC; violators subject to citation and arrest” and such other information as the chief of police may reasonably require to effectuate the purposes of this section.

3.    “Chief of police” also refers to the police commander when the chief is absent from the city of Half Moon Bay.

4.    “Grounds of a special event” means an area designated by signage, fencing, building walls, or other physical element or any combination thereof which establishes the area within which the public is allowed to enter to participate in or attend the special event.

5.    “Special event” means any organized event open to the general public and occurring within an enclosed area or confined space.

C.    Whenever any person seeks permission from the city to conduct a special event within the city, the city may require, as a condition of granting permission for such event, that the sponsor of the event provide adequate temporary facilities to house any animals brought to the special event during such time that the person responsible for such animal attends the special event.  The sponsor of the special event may charge the person responsible for the animal for temporarily housing the animal pursuant to this section.

D.    Whenever any person seeks permission from the city to conduct a special event within the city property and the chief of police orders that animals not be permitted upon the grounds of the special event, it shall be the duty of the sponsor of the event to post adequate signage at the special event.

E.    Any violation of this section, other than a violation of subsection (A)(4) of this section, shall be punishable as an infraction, the penalty for which shall be as follows:

1.    A fine not exceeding one hundred dollars for a first violation;

2.    A fine not exceeding two hundred dollars for a second violation of the same section within one year; and

3.    A fine not exceeding five hundred dollars of each additional violation of the same section within one year.  (Ord. 4-00, 2000).