Division VIII. Public Property

Chapter 9.94


9.94.010    Purpose and intent.

9.94.020    Prohibited acts.

9.94.030    Definitions.

9.94.040    Permits required.

9.94.050    Exemptions.

9.94.060    Interference with special event prohibited.

9.94.070    Special event permit application procedures.

9.94.080    Permit review.

9.94.090    Denial/revocation of a special event permit.

9.94.100    Permit conditions.

9.94.110    Appeals.

9.94.120    Insurance.

9.94.130    Departmental service charge and security deposit.

9.94.140    Hold harmless.

9.94.150    Temporary signs and road closures.

9.94.160    Other permits and licenses.

9.94.170    Display of special events permit.

9.94.180    Penalty for violation.

9.94.190    City manager administrative authority.

9.94.010 Purpose and intent.

It is the intent of the city council to establish standards for the issuance of a permit for special events to use city streets, parks, facilities and services. The purpose of this chapter is to provide a coordinated process for managing community events to ensure the health and safety of the event patrons, residents, motorists, workers and other visitors, to prohibit illegal activities from occurring at the community events, and to protect the rights of the special event permit holders. It is also the intent of the council to protect the rights of people to engage in expressive activities in the city’s public places and to establish 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 the events. [Ord. 07-1292 § 2, 2007.]

9.94.020 Prohibited acts.

It shall be unlawful for:

A. Any person, group, organization or entity to sponsor or conduct a special event, as defined herein, unless such special event permit as may be required under this chapter has been issued for the special event;

B. Any person, group, organization or entity to participate in any special event with the knowledge that the sponsor of the special event has not been issued the required permit;

C. The permittee or event sponsor to willfully violate the terms and conditions of the permit, or for any event participant, with the knowledge thereof, to willfully violate the terms and conditions of the permit;

D. Any person, group, organization or entity to knowingly join or participate in any special event without the consent of, or over the objection of, the permittee;

E. Any person, group, organization or entity to use in the title of an event the words “the city of Pittsburg” or “city of Pittsburg” or “Old Town Pittsburg” or a facsimile of the seal of the city of Pittsburg, without written authorization from the city manager. [Ord. 07-1292 § 2, 2007.]

9.94.030 Definitions.

As used in this chapter, the following terms and phrases shall have the indicated meanings:

A. “Applicant” means any person, group, organization or entity who seeks a special event permit from the city manager or designee to conduct or sponsor a special event governed by this chapter. An applicant must be 18 years of age or older.

B. “Block party” means a festive gathering on a residential or commercial street or area requiring a closure of a street, or a portion thereof, to vehicular traffic or otherwise restricting the general public use of the street right-of-way and use of the street for the festivity.

C. “City manager” means the city manager or authorized designee.

D. Indigent Natural Person. For purposes of this chapter, “indigent natural person” means:

1. A person who is receiving benefits pursuant to the supplemental security income (SSI) and state supplemental payments (SSP) programs (Section 12000 through 12205, inclusive, of the California Welfare and Institutions Code), the California Work Opportunity and Responsibility to Kids Act (Cal WORKs) program (Chapter 2 commencing with Section 11200 of Part 3, Division 9 of the California Welfare and Institutions Code), the Food Stamp program (7 USC Section 2011 et seq.) or Section 17000 of the Welfare and Institutions Code; or

2. A person whose monthly income is 125 percent or less of the current monthly poverty line annually established by the Secretary of Health and Human Services pursuant to the Omnibus Budget Reconciliation Act of 1981, as amended.

E. “Permit application fee” means the fee to be paid by the special events permit applicant at the time the application is filed with the recreation services department, pursuant to the application fee schedule established by resolution by the city council.

F. “Permittee” means any person or organization issued a special events permit by the city manager.

G. A “special event,” which requires a special event permit, is:

1. A parade, procession, or assembly consisting of persons, animals, vehicles, or any combination thereof, which is to assemble or travel in unison on a city street, highway, alley, sidewalk, or other city designated public right-of-way, which either (a) is likely to impede, obstruct, impair or interfere with the free use of such public street, highway, alley, sidewalk or other public right-of-way owned, controlled or maintained by the city or (b) does not comply with normal or usual traffic regulations or controls; or

2. Any activity or event where the expected attendance equals or exceeds 100 people on city-owned, controlled or maintained property not subject to the requirements in subsection (G)(1) of this subsection; or

3. Any other 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 engineering department/building services division and/or the Contra Costa County Fire Protection District (CCCFPD).

H. “City-owned, controlled or maintained property” shall also include all property owned by the Pittsburg redevelopment agency. Any streets, highways, alleys or public right-of-way owned by the Pittsburg redevelopment agency shall also be covered by this chapter. [Ord. 07-1292 § 2, 2007.]

9.94.040 Permits required.

A. Any person intending to conduct, organize or set up a special event in the city of Pittsburg shall first obtain a special event permit from the city manager.

B. Each permit shall state the date, time and area for which it was issued, the name of the person(s) or organization to whom it is issued and any conditions and limitations upon which the permit is issued.

C. Spontaneous events which are occasioned by news or affairs coming into public knowledge fewer than 48 hours prior to such events may be conducted on the lawn of City Hall without the organizers first having to obtain a special events permit. If practicable, the organizers should give notice to the city manager 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 participating.

Events which require advance planning such as recreation events, competition/spectator sports, fairs, festivals, carnivals, ticketed events or events which require a permit from the building department, planning department or the fire department for the placement of structures shall not be considered to be spontaneous events.

D. Long-term leases of city-owned, controlled, or maintained property may receive an annual special event permit which authorizes a specified number of events at that property for the term of the permit, as long as each special event complies with the requirements of this chapter.

E. The procedures or requirements of this chapter shall not affect or supersede the provisions of law or the permit requirements for the issuance of alcohol consumption, fireworks, sign, structural, electrical or other permits required by this code or state law, when such permits are otherwise required because of a particular condition or requirement of the special event. However, this chapter controls in the case of a specific conflict with the time provisions or insurance requirements. [Ord. 07-1292 § 2, 2007.]

9.94.050 Exemptions.

A. Special event permit shall not be required under this chapter for the below-listed activities. An exempted activity is required to comply with general regulations governing public health and safety.

1. Events on school district grounds and other ancillary property owned by the Mt. Diablo Unified School District, Pittsburg Unified School District and Los Medanos College (i.e., Contra Costa College Community District).

2. Activities of certified non-profit organizations which have an executed use agreement for city parks or facilities, and are using the parks or facilities in a manner outlined in the agreement.

3. Park Facility Reservations. A special event permit is not required in conjunction with a park facility reservation request through recreation services for facilities and picnic areas at Buchanan Park, City Park, or John Henry Johnson Park, unless the proposed activity is expanded into other areas of the city park facility for exclusive use beyond the park facility reserved area and is reasonably likely to infringe on the rights of others to use the public property.

4. Funeral processions by a licensed mortuary.

5. Events on property that is governed by or subject to other permit procedures provided elsewhere in the administrative instruction or other applicable laws, rules or regulations. [Ord. 07-1292 § 2, 2007.]

9.94.060 Interference with special event prohibited.

It shall be unlawful for any person to interfere with a special 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 special event along the 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 a special event;

C. Dropping, throwing, rolling, or flying any object toward, among, or between participants, vehicles, or animals in the permitted event. [Ord. 07-1292 § 2, 2007.]

9.94.070 Special event permit application procedures.

A. Application. Any person desiring to sponsor an event not exempted by this chapter shall apply for a special events permit by filing a verified application with the recreation department on a form supplied by the city.

B. Application Fee. An application for a permit to conduct a special event shall be accompanied by a non-refundable permit application fee in an amount established by resolution of the city council.

C. An indigent natural person who wishes to apply for a permit but cannot pay the fee application fee due to such indigence may not be required to pay the fee in accordance with administrative regulations or guidelines adopted pursuant to this chapter. Application for such indigent status shall be made at the time of permit application and shall be accompanied by such relevant information and documentation as may, in the opinion of the city manager, be reasonably necessary to verify such status. [Ord. 07-1292 § 2, 2007.]

9.94.080 Permit review.

A. Subject also to PMC 9.94.090, the city manager shall issue a special events permit, if it is determined that all of the following criteria have been met:

1. The proposed use of the property is not governed by or subject to any other permit procedures provided elsewhere in this code or applicable laws, rules or regulations.

2. 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, the area contiguous to the street or other public property.

3. 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.

4. The proposed use, event or activity does not otherwise present a substantial or unwarranted safety, noise or traffic hazard.

5. The proposed event will not include live animals in parks, except for participants with dogs on leashes per city regulations.

6. A temporary traffic control plan (TTCP) has been prepared by the applicant and approved by the city to the extent such a plan is required.

7. The applicant for a Category 1 event has not conducted similar events in the city or other jurisdictions which endangered the public safety.

8. The proposed event will not cause other adverse impacts on health or safety to surrounding residential or commercial uses, which cannot be effectively mitigated.

B. In deciding whether to approve an application, no consideration may be given to the message of the event, the content of the speech, the identity or the 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 by the event. [Ord. 07-1292 § 2, 2007.]

9.94.090 Denial/revocation of a special event permit.

A. The city manager shall deny a special event permit or revoke a permit if the city manager determines from a consideration of the application and other pertinent information that one or more of the following exists:

1. One or more of the approval criteria specified in PMC 9.94.080 is not met;

2. The applicant has knowingly or deliberately made a false, misleading or fraudulent statement of a material fact in the application;

3. The application does not contain the information or satisfy the requirements of this chapter or the administrative regulations adopted thereto;

4. The applicant has failed to conduct a previously authorized special event in accordance with the law, including the terms of the special event permit;

5. The event or activity is prohibited by any local or state law, statute, rule, ordinance or regulation;

6. The applicant fails to comply with any conditions of approval, including, but not limited to:

a. Remittance of fees, charges or deposits,

b. Submittal of an indemnification agreement and/or proof of insurance to the extent required,

c. Timely receipt of all required approvals;

7. 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.

B. When the grounds for denial of an application for a special event permit specified in subdivisions (A)(1) through (A)(5) of this section can be corrected by altering the date, time, duration, route or location of the event, the city manager, instead of denying the application, shall conditionally approve the application. The conditions imposed shall provide for only subdivisions (A)(1) through (A)(5) of this section, and shall be consistent with rules and regulations established by the city manager.

C. The decision to deny/revoke or to conditionally approve a permit shall be in writing. [Ord. 07-1292 § 2, 2007.]

9.94.100 Permit conditions.

The city manager may condition the issuance of a special event permit by imposing reasonable requirements which are necessary to protect the health, safety and welfare of persons and property, and to provide for adequate control of traffic. Such conditions may include but need not be limited to the following:

A. Alteration of the date, time and route or location of the event proposed on the event application;

B. Conditions concerning the area of assembly and disbanding of events;

C. Conditions concerning accommodation of pedestrian or vehicular traffic, including restricting the event to only a portion of a street;

D. Requirements for use of temporary traffic control devices, including traffic cones, barricades, signs, pavement markings, and flaggers;

E. Requirements for provision of first aid, sanitary or emergency facilities;

F. Requirements for use of event monitors (i.e., security personnel) and some method for providing notice of permit conditions to event participants;

G. Restrictions on the number and type of vehicles, animals or structures at the event and inspection and approval of structures for fire safety by the Contra Costa County Fire Protection District;

H. Compliance with animal protection ordinances and laws;

I. Compliance with the city’s NPDES stormwater compliance program;

J. Requirements for use of garbage containers, clean-up and restoration of public property;

K. Restrictions on use of amplified sound or public address systems;

L. Requirement that prior to closure of a street for a block party, the applicant obtain approval of 50 percent of the owners or tenants of dwellings or businesses along the affected street(s);

M. Compliance with all portions of this chapter, and any relevant ordinance or law in obtaining any legally required permits or licenses. [Ord. 07-1292 § 2, 2007.]

9.94.110 Appeals.

Any applicant aggrieved by an adverse decision under PMC 9.94.090 may appeal such decision to the chairperson of the special events committee by filing a written notice of such appeal with the city clerk within five business days of the decision. The chairperson will decide the appeal within one business day. The chairperson’s decision shall be in writing and shall be final except for judicial review. [Ord. 07-1292 § 2, 2007.]

9.94.120 Insurance.

A. Except as otherwise prohibited by law or when 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 a reliable insurance company 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. [Ord. 07-1292 § 2, 2007.]

9.94.130 Departmental service charge and security deposit.

A. In addition to the payments of the nonrefundable permit application fee 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. Prior to issuance of the permit, the applicant shall pay a security deposit in an amount in accordance with the schedule of fees set by resolution of the city council. The security deposit shall be used towards policing, cleaning up and restoring the public area upon the conclusion of the event or other direct city services to the extent such services are utilized and required due to the event.

C. The city departments shall submit the final invoices and billings for departmental charges to the finance department no more than 10 business days after the conclusion of the special event. The city shall retain the security deposit or any portion thereof necessary to pay for the cost of repair or departmental charges incurred in connection with the special event.

D. A permittee who claims an inability to pay the deposit or departmental service charges due to indigence may have these requirements waived in accordance with the administrative regulations or guidelines adopted pursuant to this chapter. Application for such indigent status shall be made at the time of permit application and shall be accompanied by such relevant information and documentation as may, in the opinion of the city manager, be reasonably necessary to verify such status. An organization in which a majority of the members meet the criteria for indigent status, as established in this chapter, may also be eligible for a waiver of departmental service charges.

E. No permittee shall be required to provide for or pay for the cost of public safety personnel to provide for the protection of a special event and its attendees from hostile members of the public or counter-demonstrations or for general law enforcement in the vicinity of the event. [Ord. 07-1292 § 2, 2007.]

9.94.140 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. [Ord. 07-1292 § 2, 2007.]

9.94.150 Temporary signs and road closures.

The city manager has the authority to:

A. Post any approved parking control signs required by the special event permit. Such signs shall be posted at least 48 hours in advance of such special event and when so posted may issue citations and/or tow away vehicles parked in violation of the posting.

B. Temporarily close public streets for up to 72 hours pursuant to PMC 12.01.190 as required by the special event permit.

1. Signs advising the date and time of the closure shall be posted 72 hours prior to the date of the closure.

2. Interested parties shall be notified of any closure by mail as soon as practical. A list of interested parties shall be established and shall include, but is not limited to: Contra Costa County Fire Protection District, Delta Diablo Sanitation District, Pacific Gas & Electric Company, Pittsburg Disposal, Inc., Tri-Delta Transit, Inc., U.S. Post Office, and American Medical Response (AMR) ambulance.

C. Approve certain temporary signage for the purpose of providing public notice of approved special events, as authorized by PMC 19.12.050(E). Permanent signs are not allowed.

D. All temporary signage approved pursuant to PMC 19.12.050(E) for special events shall be removed by event organizers within 48 hours after the expiration, termination, completion and cessation of the permitted special event. [Ord. 07-1292 § 2, 2007.]

9.94.160 Other permits and licenses.

The issuance of a special events permit does not relieve any person from the obligation to obtain any other permit or license required pursuant to this code. [Ord. 07-1292 § 2, 2007.]

9.94.170 Display of special events permit.

A copy of the special events permit shall be displayed at the special event site and shall be exhibited upon demand of any city official. [Ord. 07-1292 § 2, 2007.]

9.94.180 Penalty for violation.

Any person violating any provision of this chapter or conditions of a permit issued pursuant to this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $1,000 or by imprisonment in the county jail for a period not to exceed six months, or by both such fine and imprisonment. Violators may also be subject to any other penalty authorized by law. [Ord. 07-1292 § 2, 2007.]

9.94.190 City manager administrative authority.

The city manager shall develop and adopt administrative regulations that are consistent with and that further the terms and requirements set forth within this chapter. This shall include all necessary application forms, guidelines and policies applicable to special event permits for use by the necessary city departments. [Ord. 07-1292 § 2, 2007.]