Chapter 12.24


12.24.010    Special events defined.

12.24.020    Permit required.

12.24.030    Application for permit.

12.24.040    Permit approval/denial.

12.24.050    Permit conditions.

12.24.060    Fees.

12.24.070    Change of activity date.

12.24.080    Insurance.

12.24.090    Indemnification and liability.

12.24.100    Duties of permittee.

12.24.110    Appeals.

12.24.120    Penalties.

12.24.010 Special events defined.

One-time only or annual special events including, but not limited to, circuses, fairs, carnivals, parades, marathon walks or runs, motion picture or television location filming and such like may be permitted by the City on public and/or private property subject to these regulations. All provisions of this chapter may be subject to the approval/waiver of the City Manager or his designee. (Ord. 819 § 1, 1987. Code 1964 § 16A-1.)

12.24.020 Permit required.

It is unlawful to conduct any special activities referenced in HMC 12.24.010 without first obtaining a permit from the City Manager or his designee. These regulations shall not apply to the Villa Chanticleer. (Ord. 819 § 1, 1987. Code 1964 § 16A-2.)

12.24.030 Application for permit.

A.    Application to conduct any special activity shall be made at least 30 days prior to the date that activity is to commence.

B.    Application deadlines may be waived by the City Manager where good cause is shown and the City has sufficient time to prepare for the proposed activity.

C.    The City Council shall adopt, by resolution, application and permit forms, and applicable fees. (Ord. 819 § 1, 1987. Code 1964 § 16A-3.)

12.24.040 Permit approval/denial.

A.    The application shall be approved/denied within five business days of receipt of a completed application. The permit shall be approved by the City Manager unless he determines from consideration of the application or other pertinent information that any of the following conditions exist:

1.    The activity 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 permit area.

2.    The location of the activity will substantially interfere with street maintenance work, or a previously authorized excavation permit.

3.    The proposed permit location is on City-owned property and the activity will substantially interfere with municipal functions, or other previously authorized activities on City property.

4.    The activity 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 detail.

6.    The particular activity would violate federal, state or local law including license/permit requirements.

7.    The particular activity would propose a potential threat to the health, safety and welfare of the City’s population.

B.    When the ground for permit denial can be corrected by imposing reasonable permit conditions, the City Manager shall impose such conditions rather than denying the permit. (Ord. 819 § 1, 1987. Code 1964 § 16A-4.)

12.24.050 Permit conditions.

The City Manager may condition the issuance of an activity permit by imposing reasonable requirements concerning the time, place and manner of activities including but not limited to the following:

A.    Requirements for the presence of Healdsburg police department, fire department, public works department, or park department employees when required for the particular activity at the applicant’s expense.

B.    Requirements concerning the posting of no parking signs and placement of other traffic control devices at the applicant’s expense.

C.    Restrictions on the use of gunfire, explosions, and other noise-creating or hazardous devices.

D.    Restrictions on hours of activity.

E.    Requirements concerning notice to affected adjacent property owners of the activity. (Ord. 819 § 1, 1987. Code 1964 § 16A-5.)

12.24.060 Fees.

A.    A permit application processing fee in an amount established by City Council resolution shall be paid by the applicant at the time the application is filed.

B.    A schedule of fees for City services and use of City property shall be established by City Council resolution. The applicant shall prepay such fees prior to issuance of the permit. (Ord. 819 § 1, 1987. Code 1964 § 16A-6.)

12.24.070 Change of activity date.

Upon 72 hours’ prior notice by the permittee in advance of the activity, the City Manager is authorized to change the date for which the permit has been issued without requiring a new application, or application fee. (Ord. 819 § 1, 1987. Code 1964 § 16A-7.)

12.24.080 Insurance.

A.    The applicant for a permit must possess or obtain liability insurance to protect against loss from liability imposed by law for damages on account of bodily injury and property damage arising from the activity. Such insurance shall name on the policy or by endorsement as additional insureds the City of Healdsburg, its officers, employees and agents. Insurance coverage must be maintained for the duration of the activity. Coverage shall be provided by a comprehensive general liability insurance policy in the amount prescribed by City Council resolution. The insurance coverage afforded by the policy shall provide at a minimum the equivalent of insurance coverage provided by Insurance Service Office (ISO) comprehensive general liability insurance coverage.

B.    A copy of the policy or a certificate of insurance along with all necessary endorsements must be filed with the City not less than three business days prior to the activity unless the City Manager for good cause waives the filing deadline.

C.    Proof of insurance coverage as specified in subsections (A) and (B) of this section must be verified by the City prior to issuance of a permit by the City Manager. (Ord. 819 § 1, 1987. Code 1964 § 16A-8.)

12.24.090 Indemnification and liability.

A.    Prior to the issuance of the permit, the permit applicant must sign an agreement to reimburse the City of Healdsburg for any costs incurred to repair or replace City property which is damaged as the result of the activity.

B.    The agreement shall also provide that the permittee shall defend, indemnify, and hold harmless the City, its officers, agents, or employees from all claims and liability of any kind whatsoever resulting from or arising out of the activity or issuance of the permit. (Ord. 819 § 1, 1987. Code 1964 § 16A-9.)

12.24.100 Duties of permittee.

A.    Each permittee shall comply with all terms and conditions of the permit. Failure to comply with all permit terms and conditions is grounds for permit revocation without prior notice by the City Manager.

B.    Each permittee shall clean and restore all City properties utilized during the activity to the same condition as existed prior to the activity.

C.    The person in charge of the activity shall retain a copy of the permit on location. (Ord. 819 § 1, 1987. Code 1964 § 16A-10.)

12.24.110 Appeals.

The permit applicant may appeal a permit denial, permit condition, or permit revocation or refusal to waive a deadline under this chapter by filing an appeal within five days of the date of the City Manager’s decision with the City Clerk. The appeal shall be heard by the City Council at its next regular meeting. (Ord. 819 § 1, 1987. Code 1964 § 16A-11.)

12.24.120 Penalties.

The violation of any provision of this chapter shall be a misdemeanor. Such violations may also be addressed in a civil action. (Ord. 819 § 1, 1987. Code 1964 § 16A-12.)