Chapter 10.64
PUBLIC/MAJOR SPECIAL EVENTS

Sections:

10.64.010    Title.

10.64.020    Purpose and intent.

10.64.030    Violations.

10.64.040    Definitions.

10.64.050    Public/major special event.

10.64.060    Permit required.

10.64.070    Exceptions.

10.64.080    Private/minor special events in city parks, beach areas, or facilities.

10.64.090    Application.

10.64.100    Late application.

10.64.110    Application fee.

10.64.120    Contents of application.

10.64.130    Planned route events.

10.64.140    Supplemental information.

10.64.150    Action on application.

10.64.160    Time for action.

10.64.170    Consultation.

10.64.180    Written response.

10.64.190    Intended action.

10.64.200    Denial of late application.

10.64.210    Grounds for denial of application for a public/major special event permit.

10.64.220    Preliminary approval.

10.64.230    Permit conditions.

10.64.240    Permit issuance.

10.64.250    Appeal procedure.

10.64.260    Commercial use fee.

10.64.270    Indemnification agreement.

10.64.280    Insurance.

10.64.290    Waiver.

10.64.300    Revocation by permit officer.

10.64.310    Revocation during event.

10.64.320    Emergency revocation.

10.64.330    Parking control signs.

10.64.340    Cleanup/security/noncompliance deposit.

10.64.350    Compatibility with state and federal law and constitutions.

10.64.360    Severability.

10.64.010 TITLE.

This chapter shall be known as the city of Santa Cruz public/major special events ordinance.

(Ord. 2013-23 § 2 (part), 2013).

10.64.020 PURPOSE AND INTENT.

This chapter establishes the standards for the issuance of a permit for public/major special events in the city of Santa Cruz. Its purpose is to promote public safety and welfare and to provide the city with time to logistically accommodate public/major special events.

(Ord. 2013-23 § 2 (part), 2013).

10.64.030 VIOLATIONS.

(a)    It shall be an infraction for any person to sponsor or conduct a public/major special event, as defined at Section 10.64.050, unless an event permit required under this chapter has been issued for the event.

(b)    It shall be an infraction for any person to participate in a public/major special event with the knowledge that the sponsor of the public/major special event has not been issued an event permit.

(c)    It shall be an infraction for a public/major special event permittee or sponsor to willfully violate the terms and conditions of the public/major special event permit, or for any public/major special event participant to knowingly and willfully violate the terms or conditions of the public/major special event permit.

(d)    It shall be an infraction for any person to hamper, interfere with, obstruct or impede any public/major special event which has been permitted under this chapter.

(e)    When the public/major special event permitted is a race, parade or other type of procession on city streets or sidewalks, it shall be an infraction to knowingly drive a vehicle or bicycle between the persons or vehicles comprising the race, parade or procession unless it is done at the direction of a police officer, authorized security person or event monitor in charge of traffic control.

(f)    It shall be an infraction for any person to park or leave unattended a vehicle in violation of the parking control signs posted pursuant to Section 10.64.330. It shall be an infraction for any person to remove any such parking control signs after the signs are posted and prior to the completion of the public/major special event. No person shall be in violation of this section for parking or leaving unattended a vehicle on an unposted street.

(g)    It shall be a misdemeanor for a public/major special event participant to fail or refuse to comply with a revocation order made pursuant to Section 10.64.300.

(Ord. 2013-23 § 2 (part), 2013).

10.64.040 DEFINITIONS.

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

(a)    “Applicant” shall mean any person or organization who seeks a public/major special event permit to conduct or sponsor an event governed by this chapter. An applicant must be at least eighteen years old.

(b)    “Gross profit” shall mean excess of price received over price paid for goods before deductions are made for cost of operation.

(c)    “Permit application fee” shall mean the fee to be paid by the public/major special event permit applicant at the time the application is filed, pursuant to the application fee schedule established by resolution of the city council. The permit application fee is a nonrefundable application processing fee.

(d)    “Permittee” shall mean any person or organization issued a public/major special event permit.

(e)    “Permit officer” shall refer to the city officer or employee designated by the city manager.

(f)    “Public/major,” as used in this chapter, connotes any organized activity conducted in public intended to generate financial gain for the participants in or sponsors of the activity, or to advertise products, goods or services, or that creates a significant impact or undue burden to public resources, facilities, streets, sidewalks, or access for public safety, city staff, residents, the public and vehicular and foot traffic.

(g)    “Right-of-way” shall be as defined in Section 525 of the State of California Vehicle Code.

(h)    “Sponsor” shall mean any person who or organization which intends to conduct a public/major special event. An event sponsored or co-sponsored by the city is not exempt from the provisions of this chapter.

(Ord. 2013-23 § 2 (part), 2013).

10.64.050 PUBLIC/MAJOR SPECIAL EVENT.

(a)    As used in this chapter, a public/major special event is any major or public assembly which meets any of the criteria in subsection (b) and which is scheduled to take place on, or which will be conducted contiguous to, a city street, sidewalk, alley or other right-of-way which will generate financial gain for its sponsor or participants or which will advertise products, goods or services, or creates a significant impact to public resources, streets, sidewalks or accessways, and which, in the judgment of the permit officer in consultation with appropriate city staff, is likely to obstruct, delay or interfere with the normal flow of traffic, generate a crowd of spectators sufficient in size to obstruct, delay or interfere with the normal flow of pedestrian or vehicular traffic, or generate a crowd of sufficient size to restrict access to parks, beaches or other public areas or otherwise impose an undue burden, or significantly impacts on public facilities, staffing or resources.

(b)    Public/major special events meet the following criteria:

(1)    The public is invited to attend with or without fees charged for attendance;

(2)    A significant burden on public infrastructure, resources and staffing and to the community and general public is anticipated based upon information submitted in the application;

(3)    Street closures are requested or required;

(4)    Substantial city staff, services, facilities or equipment are requested or required; and/or

(5)    A public assembly is sufficiently significant in impact to not fall within the purview of Chapter 10.65.

(c)    As used in this chapter, none of the following shall be considered a public/major special event:

(1)    All exceptions listed in Section 10.64.070;

(2)    An event scheduled to take place on a recreational easement granted to the city by an owner of private property;

(3)    An event scheduled to take place on private property, the owner of which has an amusement class business license to conduct an amusement business on said property; or

(4)    An event scheduled to take place on public property which, in the judgment of the permit officer, will not obstruct, delay or interfere with the normal flow of pedestrian or vehicular traffic or cause a significant impact on public resources.

(Ord. 2013-23 § 2 (part), 2013).

10.64.060 PERMIT REQUIRED.

Any person intending to conduct or sponsor a public/major special event in the city of Santa Cruz shall first obtain a public/major special event permit from the permit officer.

(Ord. 2013-23 § 2 (part), 2013).

10.64.070 EXCEPTIONS.

A public/major event permit is not required for the following events:

(a)    Vehicular funeral processions;

(b)    A march or procession which in the estimation of the permit officer will involve less than fifty persons and for which the sponsor makes the following guarantees:

(1)    Participants will march only on sidewalks;

(2)    Participants will cross streets only at intersections and/or crosswalks in units of twenty-five or less, allowing normal traffic flow and/or vehicles to pass between each unit;

(3)    Participants will obey all traffic controls and regulations; and

(4)    The permit officer determines that Chapter 10.65 governs the event;

(c)    Block parties, which are neighborhood gatherings requiring closure of a street or streets or portions thereof to vehicular traffic, require the submission of a block party permit application for approval instead of a public/major permit;

(d)    Film permits, which do not require a street closure, require the submission of a film permit application for approval instead of public/major permit;

(e)    Private/minor events, as defined in Section 10.64.080, that are permitted through the parks and recreation department.

(Ord. 2013-23 § 2 (part), 2013).

10.64.080 PRIVATE/MINOR SPECIAL EVENTS IN CITY PARKS, BEACH AREAS, OR FACILITIES.

(a)    Private/minor special events are defined as special events that are held exclusively in a city park, beach area, or city facility, are not open to the general public, and will not cause an impact as described in Section 10.64.050. Private/minor events applications are reviewed, approved, and permitted by the parks and recreation department. A public/major special event permit is not required for such an event.

(b)    A public/major special event permit may be required for an event scheduled to be conducted exclusively within a city park or beach if the parks and recreation department determines that the event nonetheless has the potential to cause an impact such as that described in Section 10.64.050. If the parks and recreation department makes a determination that the event has the potential to cause such an impact, the sponsor of the event will be so advised and referred to the permit officer for public/major events.

(c)    If the event in question is within the purview of Chapter 10.65 governing events which accommodate public expression and assembly, the parks and recreation department will so advise and refer the sponsor of the event to the permit officer.

(Ord. 2013-23 § 2 (part), 2013).

10.64.090 APPLICATION.

(a)    Any person desiring to sponsor a public/major event for which a permit is required pursuant to this chapter shall apply for a public/major special event permit by filing a verified application with the permit officer on a form supplied by the city. All applications shall be submitted at least sixty days prior to the scheduled commencement date for the public/major event, but not more than twelve months prior to the commencement date.

(b)    Multi-year permit applications may be accepted for consideration at the discretion of the permit officer in consultation with other appropriate city staff. In the first year of implementation of multi-year permits, the permit officer may retroactively grant a multi-year permit for up to two future years upon a finding of historical regular compliance and acceptable performance under past permits and associated conditions of use.

(Ord. 2013-23 § 2 (part), 2013).

10.64.100 LATE APPLICATION.

The permit officer shall consider an application which is filed after the filing deadline if there is sufficient time to process and investigate the application and obtain city services for the event. The permit officer shall make this determination.

(Ord. 2013-23 § 2 (part), 2013).

10.64.110 APPLICATION FEE.

An application for a permit to conduct an event shall be accompanied by a nonrefundable permit application fee in an amount established by resolution of the city council.

(Ord. 2013-23 § 2 (part), 2013).

10.64.120 CONTENTS OF APPLICATION.

The public/major special event permit application shall contain, but not be limited to:

(a)    The name, address, home, mobile and business telephone numbers, email address of the applicant and an alternative responsible person who may be contacted if the applicant is unavailable;

(b)    If the event is to be sponsored by an organization, the name, address and telephone number of the organization and representative of the organization. If requested by the permit officer, written authorization to apply for the public/major special event permit by an officer of the organization may also be required;

(c)    The name, address and telephone numbers of the person who will be present and in charge of the public/major special event on the day of the event;

(d)    The nature or purpose of the public/major special event;

(e)    The date and estimated starting and ending time of the public/major special event;

(f)    Location of the public/major special event, including its boundaries;

(g)    Estimated number of participants in the public/major special event;

(h)    The type and estimated number of vehicles, animals or structures which will be used in the public/major special event and information as to whether there will be applicant-provided water or emergency aid stations at the public/major special event;

(i)    Description of any sound amplification equipment which will be used in the public/major special event for which a sound amplification permit is required by Chapter 9.40;

(j)    Whether any food or beverages, including alcoholic beverages, will be sold at the public/major special event;

(k)    If alcoholic beverages are to be served, proof of the sponsor’s Alcoholic Beverage Commission license to serve alcoholic beverages;

(l)    Whether monitors will be employed by the applicant at the event;

(m)    A description of handicapped access to be provided at the public/major special event;

(n)    Anticipated parking needed for participants, including parking for the handicapped;

(o)    Security and/or police needs created by the public/major special event; and

(p)    Estimation of admissions tax to be collected.

(Ord. 2013-23 § 2 (part), 2013).

10.64.130 PLANNED ROUTE EVENTS.

In addition to that information called for in Section 10.64.120, applications for events scheduled to occur along a planned route shall contain the following information:

(a)    The assembly point for the public/major special event and the time when participants and vehicles will begin to assemble;

(b)    The proposed route to be traveled;

(c)    Whether the public/major special event will occupy all or only a portion of the streets along the proposed route;

(d)    The intervals of space to be maintained between animals, vehicles or other units participating in the public/major special event;

(e)    The number, types, and size of floats, if any; and

(f)    Material and maximum size of any signs or banners to be carried along the route.

(Ord. 2013-23 § 2 (part), 2013).

10.64.140 SUPPLEMENTAL INFORMATION.

The permit officer may require the applicant to provide any supplemental information which is deemed necessary to determine whether the public/major special event permit applied for should be granted, preliminarily granted, or denied.

(Ord. 2013-23 § 2 (part), 2013).

10.64.150 ACTION ON APPLICATION.

(a)    The permit officer shall preliminarily approve, approve, or deny a public/major event permit application on the grounds specified in Section 10.64.210. Final approval may require Santa Cruz city council review and vote depending upon the event’s impact on public property, pedestrian traffic, vehicle traffic, and public safety. The permit officer may submit the application to the city council for preliminary approval, approval, or denial; alternatively, the city council may inform the permit officer of its intention to take final action on a particular permit application. Permit applications in all cases are to be submitted to the permit officer. The city council will not accept applications. Applications may be referred to the downtown, transportation and public works or parks and recreation commissions for comment prior to council consideration.

(1) City staff will notify the city council of any applications for special events which meet the conditions of Council Policy 6.18 governing events that take place six or more dates within a twelve-month period or take place over a period of time longer than twelve months.

(b)    In conjunction with the preliminary approval or approval of a public/major special event permit application, the permit officer, upon consultation with appropriate city staff, shall be authorized to approve commercial sales conducted in connection with the event and, in consultation with the chief of police, shall also be authorized to approve temporary street closures, temporary traffic arterial modifications and temporary no parking/tow away zones necessary for the safe conduct of the public/major special event.

(1) Per council Resolution No. NS-26,231, commercial use fees are not assessed with respect to recurring regularly scheduled events occurring nine or more times per year.

(c)    The permit officer, in consultation with the city manager’s office, may promulgate administrative policies and procedures that govern issuance of a permit when multiple sponsors apply for the same date or set of dates in the same or proximate location; reasonable limits on number, duration and size of events held within each month or year in all or parts of the city; and, other policies aimed at balancing the impacts of public/major events with resources to manage such events, and with the needs of residents and other visitors to the city.

(Ord. 2013-23 § 2 (part), 2013).

10.64.160 TIME FOR ACTION.

Action on the public/major special event permit application shall be expeditious and in no case later than thirty working days after the permit officer receives a completed application pursuant to this chapter. The maximum thirty-day action period may be extended by agreement between the applicant and the permit officer. As used in this section the term “action” means preliminary approval, approval, or denial of the permit, a request for supplemental information pursuant to Section 10.64.140, or referral of the application to the city council pursuant to Section 10.64.150.

(Ord. 2013-23 § 2 (part), 2013).

10.64.170 CONSULTATION.

Prior to preliminarily approving, approving or denying the public/major special event permit application, the permit officer shall consult with all city departments or divisions which may be impacted by the proposed public/major special event.

(Ord. 2013-23 § 2 (part), 2013).

10.64.180 WRITTEN RESPONSE.

If the permit officer decides to deny or preliminarily approve the public/major special event permit application, the permit officer shall inform the applicant in writing of the grounds for denial or the conditions imposed for approval. The permit officer shall further inform the applicant of his or her right to appeal. This information shall be provided at the time of the decision. If the permit officer relied on information about the event other than that contained in the application, the permit officer shall inform the applicant of the additional information considered. In cases where the city council rather than the permit officer acts on the application, the city council shall cause this written information to be provided to the applicant.

(Ord. 2013-23 § 2 (part), 2013).

10.64.190 INTENDED ACTION.

(a)    Prior to notifying the public/major special event permit applicant of the action to be taken on the applicant’s permit, the permit officer shall advise the impacted departments or divisions or their designees of the intended action.

(b)    In cases where the city council rather than the permit officer acts on the application, the permit officer shall provide notification of the scheduled review and city council action to these individuals or their designees.

(Ord. 2013-23 § 2 (part), 2013).

10.64.200 DENIAL OF LATE APPLICATION.

If the permit officer determines that good cause to consider a late application does not exist under Section 10.64.100, within ten normal working days of receipt of the late application, the permit officer shall inform the applicant of the reason for the determination regarding lack of good cause and of the applicant’s right of appeal.

(Ord. 2013-23 § 2 (part), 2013).

10.64.210 GROUNDS FOR DENIAL OF APPLICATION FOR A PUBLIC/MAJOR SPECIAL EVENT PERMIT.

A public/major special event permit application may be denied if it is determined from consideration of the application and other pertinent information that one or more of the following circumstances exist:

(a)    When pursuant to Section 10.64.100 the permit officer considers a late application and determines that there is insufficient time to process and investigate the application and obtain city services for the event;

(b)    The applicant fails to complete the application form after having been notified of the need to do so or fails to provide supplemental information or documents requested by the permit officer;

(c)    Information contained in the application, or supplemental information requested from the applicant, is found to be materially false or misleading;

(d)    The permit officer has already received an application or issued a permit for another public/major special event at the same time and place as that requested by the applicant, or is so close in time or proximity as to cause undue traffic congestion, or the police department or any other city department to be unable to meet the needs for services at both with the normal complement of staff;

(e)    The time, route, or size of the event is likely to substantially interrupt the safe and orderly movement of traffic in the vicinity of the event site or route, or to disrupt the use of a street at a time when it is usually subject to significant traffic congestion;

(f)    The concentration of persons, animals and vehicles at the site of the public/major special event, or its assembly and disbanding areas, is reasonably likely to prevent proper police, fire, or ambulance services to areas in the vicinity of the event;

(g)    The event is reasonably likely to require diversion of so many city police officers to ensure that participants stay within the boundaries or route of the public/major special event, or to protect participants and spectators, that normal protection to the rest of the city will be unreasonably compromised. Nothing herein authorizes denial of a permit because of the need to protect participants from the conduct of others, if reasonable permit conditions can be imposed to allow for adequate protection of event participants with the number of police officers normally assigned to the requested area;

(h)    If the public/major special event is a parade, race or other type of procession, it is not likely to move from its point of origin to its point of termination in less than eight hours;

(i)    The location of the public/major special event is likely to substantially interfere with construction or maintenance work previously scheduled to take place upon or along city streets, or to interfere with the exercise of a previously granted encroachment permit;

(j)    The public/major special event is likely to occur at a time when a school is in session, and at a route or location in the vicinity of a school, and the noise created by the event will substantially disrupt the educational activities of the school;

(k)    The public/major special event has a prior history of creating conditions that jeopardize the peace and safety of the citizenry;

(l)    The public/major special event will occur on a route or location in the vicinity to a hospital or extended care facility and the noise created by the event would substantially disrupt the operation of the hospital or extended care facility or disturb the patients within;

(m)    The applicant has previously violated public/major special event permit conditions imposed as a condition precedent to conducting a public/major special event in the city of Santa Cruz;

(n)    Event participants did not comply with conditions imposed in connection with similar prior events;

(o)    The event will conflict with an event permitted under Chapter 10.65.

(Ord. 2013-23 § 2 (part), 2013).

10.64.220 PRELIMINARY APPROVAL.

When the grounds for denial of an application for a permit specified in Sections 10.64.210(e) through (l) can be corrected by altering the date, time, duration, route, or location of the event, the permit officer, instead of denying the application, may preliminarily approve the application pursuant to Section 10.64.230. The conditions imposed shall modify the proposed public/major special event to the extent necessary to achieve compliance with Sections 10.64.210(e) through (l).

(Ord. 2013-23 § 2 (part), 2013).

10.64.230 PERMIT CONDITIONS.

The permit officer may condition the issuance of a public/major special event permit by imposing reasonable requirements concerning the time, place, duration and manner of the event, and any other requirements which are necessary to protect the safety of persons and property, and to provide for adequate traffic control. Such conditions may include, but are not limited to, the following:

(a)    Alteration of the date, time, route or location of the public/major special event;

(b)    When the public/major special event is a parade, race or other procession, conditions pertaining to the area of participant assembly and disbanding;

(c)    Conditions concerning accommodation of pedestrian or vehicular traffic, including restricting the public/major special event to only a portion of a street, or allowing for intermittent traffic flow through an event site when safe to do so;

(d)    Requirements to furnish, place and remove traffic cones and/or barricades. Traffic cones and/or barricades are not furnished by the city;

(e)    When the public/major special event is a parade, race or other procession, conditions pertaining to the periodic interruption of the public/major special event to allow for the flow of intermittent traffic across the parade, race or procession route;

(f)    Requirements for provision of first aid, sanitary or emergency facilities;

(g)    Requirements for use of adult event monitors and some method for providing notice of permit conditions to event participants;

(h)    Restrictions on the number or type of vehicles, animals, structures and decorated vehicles for fire safety as required by the Santa Cruz fire department;

(i)    Compliance with animal protection ordinances and laws;

(j)    Requirements for use of garbage containers, cleanup and restoration of city property;

(k)    Restrictions on use of amplified sound;

(l)    Compliance with any other applicable ordinances or laws pertaining to required permits or licenses;

(m)    Restrictions, including prohibition, on the sale and consumption of alcoholic beverages and other sale of edible or nonedible goods;

(n)    Requirement for security personnel to be present;

(o)    Requirement for reimbursement of exceptional city expenses necessitated by the additional personnel, if any, required to provide adequate public safety services, maintenance and other services to the city of Santa Cruz during the event;

(p)    Requirement for a deposit to be applied to the expense of additional city personnel required to be in attendance;

(q)    Requirement for the applicant to provide advance written notification to those residents living along the event route or within the immediate vicinity of the event, including notification of parking restrictions necessitated by the event, or to provide public notification as may be necessitated by the event;

(r)    Requirement to use and compensate a licensed tow company for removal of vehicles parked on a legally posted parade, race or procession route;

(s)    Reimbursement for estimated lost parking meter revenues;

(t)    Requirement to provide or sponsor shuttle services to mitigate anticipated parking and traffic impacts.

(Ord. 2013-23 § 2 (part), 2013).

10.64.240 PERMIT ISSUANCE.

The public/major special event permit shall be issued when the application has been approved, the applicant has agreed in writing to comply with the terms and conditions of the permit, all fees have been paid, and all other applicable requirements of this chapter have been satisfied.

(Ord. 2013-23 § 2 (part), 2013).

10.64.250 APPEAL PROCEDURE.

(a)    To City Council. Except where the city council has already acted on the application in question, an appeal may be taken pursuant to Chapter 1.16 of this code. The city council’s decision shall be final.

(b)    To City Manager. If there is insufficient time for a timely appeal to be heard by the city council prior to the date on which the public/major special event is scheduled, the applicant may, at the applicant’s option, request that the city clerk schedule the appeal before the city manager. The city manager or designee shall hold a hearing no later than two business days after the filing of the appeal, and will render a decision no later than two business days after hearing the appeal. The city manager’s decision shall be final.

(Ord. 2013-23 § 2 (part), 2013).

10.64.260 COMMERCIAL USE FEE.

When, pursuant to this chapter, a public/major special event takes place within the city on public property, the city shall assess a commercial use fee on all gross profits generated by the public/major special event in an amount to be set by city council resolution.

(Ord. 2013-23 § 2 (part), 2013).

10.64.270 INDEMNIFICATION AGREEMENT.

Prior to the issuance of a public/major special event permit, the permit applicant or the authorized officer of the sponsoring organization must sign an agreement to reimburse the city of Santa Cruz for any costs incurred in repairing damage to city property occurring in connection with the permitted event and proximately caused by the actions of the permittee or sponsoring organization, its officer, employees, or agents, or any person who was under the permittee’s or sponsoring organization’s control insofar as permitted by law. The agreement shall also provide that the permittee or sponsoring organization shall defend the city against, and indemnify and hold the city harmless from, any liability to or claims of liability by, any persons resulting from any alleged damage or injury occurring in connection with the permitted commercial event proximately caused by the actions of the permittee or sponsoring organization, its officers, employees, or agents, or any person who was under the permittee’s or sponsoring organization’s control insofar as permitted by law. For purposes of this section, a person who merely participates in the public/major event is not considered, by reason of that act alone, to be “under the control” of the permittee or sponsoring organization.

(Ord. 2013-23 § 2 (part), 2013).

10.64.280 INSURANCE.

(a)    Liability Insurance. The applicant or sponsor of a public/major special event must possess or obtain public liability insurance to protect against loss from liability imposed by law for damages on account of bodily injury and property damage arising from the event. The insurance shall name on the policy, by endorsement, as additional insureds, the city of Santa Cruz, its officers, employees and agents. Insurance coverage must be maintained for the duration of the event and the insurance company must provide the city with thirty days’ written notice of cancellation of the policy. Coverage provisions, including limits, shall otherwise be in accordance with city policy or as set by resolution of the Santa Cruz city council.

(b)    Products Liability Endorsement. If food or nonalcoholic beverages are to be sold or served at the public/major special event, the policy must also include an endorsement for products liability in an amount set by city policy or council resolution. If alcoholic beverages are to be sold or served at the commercial event, the policy must also include an endorsement for liquor liability in an amount set by city policy or council resolution.

(c)    Certificates of Insurance. A copy of the policy or a certificate of insurance along with all necessary endorsements must be filed with the city’s risk manager no less than twenty days before the date of the event. The public/major special event permit shall not be issued by the permit officer until after the insurance policy or certificate of insurance along with necessary endorsements has been filed by the applicant or sponsor and approved by the city’s risk manager.

(Ord. 2013-23 § 2 (part), 2013).

10.64.290 WAIVER.

The city’s risk manager may determine that an indemnification agreement as provided for in Section 10.64.270 or some other form of waiver is satisfactory and that liability insurance is not necessary or that a smaller amount of liability insurance shall be required if all of the following are demonstrated to the risk manager’s satisfaction:

(a)    The permit applicant cannot afford the insurance premium or cannot afford the premium for the amount of insurance ordinarily required;

(b)    That none of the public/major special event participants or sponsors will realize monetary profits as a result of their participation in the public/major special event by way of sale of goods or merchandise;

(c)    That the public/major special event does not pose an unusual or peculiar risk of harm or injury to participants or spectators;

(d)    Under no circumstances will the insurance requirement be waived or modified when the public/major special event in question is an athletic event, carnival, car rally, soap box derby or music concert; and

(e)    The city’s risk manager may, for good cause, waive the filing deadline for proof of insurance; however, proof must be provided prior to the issuance of the public/major special event permit.

(Ord. 2013-23 § 2 (part), 2013).

10.64.300 REVOCATION BY PERMIT OFFICER.

The permit officer may revoke a public/major special event permit at any time if:

(a)    An emergency arises making it impossible to assign sufficient or appropriate personnel to the event to protect public safety; or

(b)    Information is obtained after the permit is issued from which it may reasonably be concluded that the permit should have been denied under Section 10.64.210.

(1)    If the permit officer revokes a public/major special event permit, the applicant shall be informed in writing of the grounds for revocation.

(2)    The applicant may appeal the revocation in the manner provided for in Section 10.64.250 in all cases except where the revocation is based on an emergency and there is insufficient time available to present or schedule an appeal.

(Ord. 2013-23 § 2 (part), 2013).

10.64.310 REVOCATION DURING EVENT.

A police officer or other appropriate city staff assigned to oversee a public/major special event may revoke the public/major special event permit during the event if the officer or city staff finds either:

(a)    That the event has deviated or will deviate from its approved route or area; or

(b)    Event participants are violating the law or public/major special event permit conditions.

The officer or city staff shall not revoke the public/major special event permit for either of these reasons unless the officer or city staff first advises the participants of their route deviation, law violation or permit condition violation and provides them with an opportunity to correct same.

(Ord. 2013-23 § 2 (part), 2013).

10.64.320 EMERGENCY REVOCATION.

A police officer or city staff assigned to oversee a public/major special event may revoke the public/major special event permit during the event if fire or another emergency requires the event to be terminated to protect public safety. When a public/major special event permit is revoked for this reason, all event participants must immediately comply with the officer’s instructions.

(Ord. 2013-23 § 2 (part), 2013).

10.64.330 PARKING CONTROL SIGNS.

When the public/major special event permitted is a race, parade or other type of procession on city streets or sidewalks, the public/major special event permittee or sponsor shall post parking control signs along the race, parade, or procession route at least seventy-two hours prior to the commencement of the race, parade, or procession if required by the public/major special event permit. The parking control signs shall meet the standards set by the public works department. It is the responsibility of the permittee or sponsor to note the date(s) and the start and stop times of the parking restrictions on the parking control signs. The permittee or sponsor shall notify the special event office and/or the parking control division of the public works department fourteen days in advance of the event to cover parking meters subject to event parking restrictions. Any vehicle which is parked or left unattended in violation of the parking control signs may be towed.

(Ord. 2013-23 § 2 (part), 2013).

10.64.340 CLEANUP/SECURITY/NONCOMPLIANCE DEPOSIT.

The applicant or sponsor of a public/major special event shall be required to provide a cleanup/security/noncompliance deposit prior to the issuance of a public/major special event permit. The cleanup/security/noncompliance deposit shall be in the amount established in a fee schedule for public/major events adopted by resolution of the city council.

(a)    Refund. The cleanup/security/noncompliance deposit shall be refunded after the public/major special event if the permittee has complied with conditions of use, the area used for the permitted event has been cleaned and restored to the same condition as existed prior to the event, and no damages need to be assessed for equipment, additional staff time or other factor rises from the event.

(b)    City Cleanup Costs. If the area used for the permitted event is not cleaned and restored to its pre-event condition, the city will employ its personnel to restore the area to that condition. If the city’s actual cleanup cost is less than the applicant’s cleanup deposit, the applicant will be refunded the difference. Should the city’s cleanup cost exceed the amount of the cleanup deposit, the difference shall be due and payable to the city by the applicant upon the applicant’s receipt of the city’s invoice for the difference.

(c)    Security/Noncompliance Assessment. If it is determined that an applicant did not comply with the conditions of use, the security/non-compliance deposit will be assessed as determined by the permit office in consultation with other city staff.

(d)    Appeals. If the applicant or sponsor disputes the cleanup charge, he or she may appeal to the permit officer within five days after receipt of the bill. The decision of the permit officer shall be final.

(Ord. 2013-23 § 2 (part), 2013).

10.64.350 COMPATIBILITY WITH STATE AND FEDERAL LAW AND CONSTITUTIONS.

It is the intention of the city council and the people of the city of Santa Cruz that this chapter shall be interpreted in a manner compatible with the State of California Constitution and the United States Constitution and the laws of the state of California and the United States.

(Ord. 2013-23 § 2 (part), 2013).

10.64.360 SEVERABILITY.

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional or invalid, that holding shall not affect the validity of the remaining portions of this chapter. The city council hereby declares that it would have passed this chapter and every section, subsection, sentence, clause or phrase thereof, irrespective of the fact any one or more sections, subsections, sentences, clauses or phrases might be declared unconstitutional or invalid.

(Ord. 2013-23 § 2 (part), 2013).