Chapter 17.32
SPECIAL EVENTS ON CITY PROPERTY
Sections:
17.32.030 Definitions as used in this chapter.
17.32.040 Permit required and exceptions.
17.32.050 Application procedure – Fee.
17.32.060 Contents of application form.
17.32.070 Action on application.
17.32.080 Grounds for denial of application for a special event permit.
17.32.120 Indemnification agreement.
17.32.140 Cleanup/damage deposits for certain special events.
17.32.145 Police service fees – Use of pre-established routes.
17.32.150 Duties of permittee/sponsor of special event.
17.32.160 Unlawful to exceed scope of permit.
17.32.010 Title of chapter.
This chapter shall be known and may be cited as the “Sausalito special events ordinance.” [Ord. 1162 § 1(Exh. A), 2002.]
17.32.020 Purpose.
The purpose of this chapter is to establish a uniform procedure for evaluating and permitting special events on City-owned property within the City of Sausalito. The City Council desires to establish such a procedure to ensure that the broadest range of special events is held within the City in a safe and orderly manner that causes the least disruption or inconvenience to everyday life. It is also the purpose of this chapter to establish a procedure to evaluate the level of municipal services required by a special event and to pass that cost on to the special event’s organizers. Finally, it is the intent of the City Council to protect the rights of the people to engage in protected speech and assembly, yet allow for such activities to be undertaken in a safe manner with the least restrictive, reasonable time, place and manner regulations. [Ord. 1162 § 1(Exh. A), 2002.]
17.32.030 Definitions as used in this chapter.
A. “Applicant” means any person or organization that seeks a special event permit from the City Manager to conduct or sponsor an event governed by this chapter.
B. “Athletic event” means an occasion on which a group of persons collectively engage in a sport or form of physical exercise on City property, which obstructs, delays or interferes with the normal flow of pedestrian or vehicular traffic, or does not comply with traffic laws and controls. Athletic events include, without limitation, bicycle and foot races and triathlons.
C. “Block party” means a festive gathering on a residential street requiring closure of a street, or a portion thereof, to vehicular traffic, and use of the street for the festivity including, without limitation, barbecues, picnics, music or games.
D. “City” means the City of Sausalito.
E. “City Manager” means the City Manager of the City or his/her authorized deputy or designee.
F. “City property” means any street, sidewalk, parking lot, or other real property that is owned or controlled by the City whether the City’s ownership or control of such property is in fee, by easement or by any other means and any and all improvements thereon.
G. “Parade” means a march or procession consisting of persons, animals, or vehicles, or combination thereof, on any City property, which obstructs, delays or interferes with the normal flow of pedestrian or vehicular traffic, or does not comply with traffic laws or controls.
H. “Permit application fee” means the nonrefundable fee to be paid by the applicant to cover the full costs (or portion thereof) of processing and investigation of special event applications, and administering the special event permit program.
I. “Permittee” means any person or organization that has been issued a special event permit by the City Manager.
J. “Sidewalk” means that portion of a street between the curb line and the adjacent property line intended for the use of pedestrians.
K. “Special event” means an athletic event, block party, parade, street fair, art and craft show, carnival, soap box derby, rally, motion picture/photography and any other event which occurs all or partially on City property which obstructs, delays or interferes with the normal flow of pedestrian or vehicular traffic, or does not comply with traffic laws and controls.
L. “Special event permit” means the permit to be obtained by the person or organizer in charge of a special event in accordance with the requirements of this chapter.
M. “Street” includes all City streets, highways, alleys, courts, and squares. [Ord. 1162 § 1(Exh. A), 2002.]
17.32.040 Permit required and exceptions.
Any person or organization desiring to sponsor a special event on City property shall first obtain a special event permit from the City Manager. Notwithstanding the foregoing, a special event permit is not required for the following:
A. Scheduled athletic events which occur exclusively on City property under the jurisdiction of the Sausalito Parks and Recreation Department.
B. Funeral processions.
C. Parades involving a total of 30 or fewer pedestrians marching along a parade route which is restricted to marching on sidewalks, and crossing streets only at pedestrian crosswalks in accordance with traffic regulations and controls and in such a way as to ensure that vehicular access is not blocked. [Ord. 1162 § 1(Exh. A), 2002.]
17.32.050 Application procedure – Fee.
A. Any person or organization desiring to sponsor a special event not exempted by SMC 17.32.040 shall apply for a special event permit by filing a verified application with the City Manager not less than 90 days before the proposed event date.
B. Notwithstanding the preceding, the City Manager may accept a special event application less than 90 days in advance if the City Manager determines (in his/her sole discretion) that there is adequate time for review of the application.
C. Upon a showing of good cause, the City Manager shall consider an application which is filed after the filing deadline if there is sufficient time to process and investigate the application, and obtain police services for the special event. Good cause can be demonstrated by the applicant showing that the circumstance which gave rise to the permit application did not reasonably allow the participants to file within the time prescribed, and that the special event is for the purpose of expression, dissemination or communication of opinions, views or ideas by verbal, visual, literary or auditory means and is not for the sole purpose of advertising any product or goods and is not designed to be held purely for profit.
D. A nonrefundable permit application fee in the amount established by City Council resolution shall accompany the application for a special event permit.
E. Special events sponsored by the City of Sausalito will be exempt from application fees. [Ord. 1162 § 1(Exh. A), 2002.]
17.32.060 Contents of application form.
The application for a special event permit shall provide the following information:
A. All Special Events.
1. The name, address, and telephone number of the applicant and an alternative contact person.
2. If the special event is proposed to be sponsored by an organization, the name, address and telephone number of the organization, and the authorized head of the organization. If requested by the City Manager, written authorization to apply for the special event permit by the controlling body of the organization or a duly authorized officer of the organization.
3. The name, address and telephone number of the person who will be present and in charge of the special event on the day of the special event.
4. The nature/purpose of the special event.
5. Date and time (starting and ending) of the special event.
6. Location of the special event, including its boundaries.
7. Estimated number of participants in the special event, the anticipated number of vehicles, and parking requirements for the special event.
8. The type and number of vehicles, animals and structures which will be used at the special event.
9. Whether there will be water aid stations at the special event.
10. Description of any sound amplification equipment which will be used at the special event.
11. Whether any food or beverages will be sold at the special event.
12. Whether monitors will be employed at the special event.
B. Additional Information Required for Parades, Athletic Events and Any Other Special Events Occurring Along a Route.
1. The assembly point for the event; the time at which units of the parade or other special event will begin to assemble.
2. The route to be traveled.
3. Whether the parade or other special event will occupy all or only a portion of the streets proposed to be traversed.
4. Maximum length or components of parade in miles or portions thereof.
5. The number, type, size and material of any float or banners.
C. Supplemental Information. Such supplemental information as the City Manager shall find necessary, under the particular circumstances of a special event application, to determine whether to approve or conditionally approve an application pursuant to SMC 17.32.080 and 17.32.090. [Ord. 1162 § 1(Exh. A), 2002.]
17.32.070 Action on application.
The City Manager shall approve, conditionally approve, or deny an application for the grounds specified in SMC 17.32.080. Such action shall be taken no later than 30 days after receiving a completed application unless the applicant waives time. Notice of the City Manager’s decision shall be delivered personally to the applicant or mailed to the applicant’s address. If the application is denied, the City Manager shall inform the applicant of the grounds for a change in the date, time, route or location of the event, and of his/her right of appeal. If the City Manager refuses to consider a late application under SMC 17.32.050, the City Manager shall inform the applicant of his/her reason for the refusal, and of his/her right of appeal.
The decision made by the City Manager to approve, conditionally approve, or deny an application shall be communicated to the City Council as soon as the item can be placed on the agenda for a regularly scheduled meeting of the City Council. [Ord. 1162 § 1(Exh. A), 2002.]
17.32.080 Grounds for denial of application for a special event permit.
A. The City Manager shall approve an application for a special event permit unless he/she determines from consideration of the application, or other pertinent information, that any of the following conditions exist:
1. Information contained in the application, or supplemental information requested from the applicant, is found to be false in any material detail.
2. The applicant fails to complete all or a portion of the application form after having been requested to do so.
3. Another special event permit application has been received prior in time, or has already been approved, to hold another special event at the same time and place requested by the applicant, or so close in time and place as to cause undue traffic congestion, or the police are unable to meet the needs for police services for both special events. This subsection shall not be grounds for denial of a special event permit if the impact of the additional special event is minimal or insignificant in conjunction with the concurrently held event. Applicants for proposed concurrently held special events are encouraged to cooperate and coordinate with each other in order to reduce any potential impacts.
4. The time, route or size of the special event will substantially interrupt the safe and orderly movement of traffic contiguous to the event site or route, or disrupt the use of a street at a time when it is usually subject to great traffic congestion.
5. The concentration of persons, animals and vehicles at the site of the special event or the assembly and disbanding areas around a special event will prevent proper police, fire or ambulance services to areas contiguous to the special event.
6. The size or nature of the special event will require the assignment of so great a number of City police officers to properly police the line of movement of a special event, or the boundaries of areas contiguous to a special event, as to prevent normal police protection to the rest of the City. Nothing in this section 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 special event participants with the number of police officers available to police the special event.
7. The location of the special event will substantially interfere with any construction or maintenance work scheduled to take place upon or along the City streets, or a previously granted encroachment permit.
8. The special event shall occur at a time when a school is in session at a route or location adjacent to the school or class thereof, and the noise created by the activities of the special event would substantially disrupt the educational activities of the school or class thereof.
9. The applicant or sponsoring organization has outstanding past due debts to the City in excess of $1,000 unless the event is solely for the purpose of exercising the right of free speech.
B. When the grounds for denial of an application for permit specified in subsections (A)(4) through (A)(9) of this section can be corrected by altering the date, time, duration, route or location of the special event, the City Manager shall instead of denying the application conditionally approve the application upon the applicant’s acceptance of conditions for permit issuance. [Ord. 1162 § 1(Exh. A), 2002.]
17.32.090 Permit conditions.
The City Manager may condition the issuance of a special event permit by imposing reasonable requirements concerning the time, place and manner of the special event, and such requirements as are necessary to protect the safety of persons and property, and the control of traffic; provided, that such conditions shall not unreasonably restrict the right of free speech. Such conditions include:
A. Alteration of the route, time or location of the event proposed on the event application.
B. Conditions concerning the area of assembly and disbanding of parades or other special events occurring along a route.
C. Conditions concerning accommodation of pedestrian or vehicular traffic, including restricting the event to only a portion of a street transversed.
D. Requirements for the use of traffic cones or barricades.
E. Requirements for provisions of first aid or sanitary facilities.
F. Requirements for the use of event monitors, and providing notice of permit conditions of event participants.
G. Restrictions on the number and type of vehicles, animals or structures at the event, and inspection and approval of floats and other decorated vehicles for fire safety by the Sausalito Fire Department.
H. Compliance with animal protection ordinances and laws.
I. Requirements for use of garbage containers, cleanup and restoration of City property.
J. Requirements for the use of recyclable and/or compostable products as established by City policy.
K. Restrictions on the use of amplified sound, including, without limitation, restrictions on decibel levels and hours of use of amplified sound. In the event that such restrictions are imposed, the City Manager may, in his/her sole and absolute discretion, waive the application of Chapter 12.16 SMC, Noise Control, to the special event.
L. Requiring that the public be notified of the special event in specified publication(s) of general circulation in the City prior to the special event.
M. An application for a special event permit to conduct a block party may be conditioned on notice and approval by 50 percent of the residents of dwellings along the affected street(s). Block parties must be located in a cul-de-sac or specified area to be approved.
N. Compliance with any relevant ordinance or law and obtaining any legally required permit or license.
O. Required proof of permission to use private property for a portion of the event.
P. Require monitored bicycle parking at special events with anticipated attendance of over 1,000 people. The sponsor of the special event may provide such monitoring service or ensure that such monitored bicycle parking is available at local facilities. If the sponsor provides monitored bicycle parking, the sponsor may charge a nominal fee for such service. The amount of such fee shall be stated as part of the sponsor’s permit application. If the sponsor is unable to ascertain the fee amount at the time of the permit application, the sponsor may submit a fee schedule to the City as soon as possible, but no later than 10 days before the event.
Q. The permittee/sponsor of the special event meet with the City Manager and/or other designated City staff within 30 days after the occurrence of the special event to discuss the manner in which the special event was conducted, the impact on City property and the provision of City services, and, if the special event is reoccurring, any proposed changes to such special events to be held in the future. [Ord. 1162 § 1(Exh. A), 2002.]
17.32.100 Appeal procedure.
A. The applicant shall have the right to appeal to the City Council a permit denial, permit condition, refusal to waive filing deadlines or a decision pertaining to fees or insurance coverage under this chapter. Notice of appeal shall be made on a form prescribed by the City Clerk and shall be filed with the City Clerk, stating the grounds for the appeal within 10 days of the determination being appealed. Regular meetings of the City Council are scheduled in accordance with SMC 2.04.010 (usually the first and third Tuesday of each month). The appeal must be filed no later than noon on Wednesday preceding a City Council meeting to be placed on the next regular meeting agenda. The decision of the City Council is final.
B. The public maintains the right to appeal the permitting of any special event. Public appeal shall follow the procedure as outlined in subsection A of this section.
C. If there is insufficient time for a timely appeal to be heard by the City Council prior to the date on which event is scheduled, the applicant may, at his/her option, request the City Clerk to schedule the appeal before the City Manager. The City Manager shall hold a hearing no later than three business days after the filing of the appeal, and shall render his/her decision no later than two business days after hearing the appeal. [Ord. 1162 § 1(Exh. A), 2002.]
17.32.110 Permit issuance.
The City Manager shall issue the special event permit once the application has been approved, and the applicant has agreed in writing to comply with the terms and conditions of the permit, and the following sections of this chapter have been complied with:
A. SMC 17.32.120 (pertaining to indemnification).
B. SMC 17.32.130 (pertaining to insurance).
C. SMC 17.32.140 (pertaining to cleanup deposits).
D. SMC 17.32.145 (pertaining to traffic-control fees). [Ord. 1162 § 1(Exh. A), 2002.]
17.32.120 Indemnification agreement.
Prior to the issuance of a special event permit, the applicant and authorized officer of the sponsoring organization (if any) must sign an agreement acceptable to the City Attorney to reimburse the City for any costs incurred by it in repairing damage to City property in connection with the event proximately caused by the action of the permittee/sponsoring organization, its officers, employees, volunteers, or agents, or any person who was or reasonably should have been under the permittee’s sponsoring organization’s control. The agreement shall also provide that the permittee/ sponsoring organization shall defend the City, its officers, agents, employees, volunteers, elected and appointed officials, and representatives against, and indemnify and hold the City, its officers, agents, employees, volunteers and representatives harmless from, any liability to any persons resulting from any damage or injury in connection with the event proximately caused by the actions of the permittee/sponsoring organization, its officers, employees, elected and appointed officials, volunteers, or agents, or any person who was or reasonably should have been under the permittee’s/ sponsoring organization’s control. [Ord. 1162 § 1(Exh. A), 2002.]
17.32.130 Insurance.
A. The applicant/sponsor of a special event 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 special event. Such insurance shall name on the policy or by endorsement as additional insured the City, its officers, employees, elected and appointed officials, representatives, volunteers and agents. Insurance coverage must be maintained for the duration of the special event.
B. Coverage shall be provided by a comprehensive automobile and general liability insurance policy in an amount of not less than $1,000,000 per occurrence as determined by the City Manager. Such coverage shall apply as primary insurance. Any other insurance maintained by the City, its officers, agents, representatives, elected and appointed officials, volunteers and employees, shall be excess only and not contributing with insurance provided under the policy. Such insurance policies shall not be canceled or materially changed without 30 days’ advance written notice to the City at City Hall, attention, City Manager. If food or nonalcoholic beverages will be sold or distributed at the event, the comprehensive general liability coverage must include products liability coverage in such amount as determined by the City Manager. If alcoholic beverages will be sold or distributed at the event, the policy must also include coverage for liquor liability, in such amount as determined by the City Manager.
C. The applicant/sponsor shall maintain in full force and effect a policy of workers’ compensation insurance covering all of its employees and volunteers in such amount as determined by the City Manager. Permittee shall prevent participation in the special event by persons who are not covered by the insurance required hereunder.
D. A copy of the policy or a certificate of insurance along with all necessary endorsements must be filed with the City no less than five calendar days prior to the event unless the City Manager for good cause waives the filing deadline.
E. The insurance requirements of subsections A, B and C of this section shall be waived by the City Manager for nonathletic events if the following conditions are satisfied:
1. The applicant or an officer of the sponsoring organization signs a verified statement that he believes the event’s purpose is the expression, dissemination or communication of opinions, views or ideas by verbal, visual, literary or auditory means and that he/she has determined that the cost of obtaining insurance is so financially burdensome that it would constitute an unreasonable burden on the right of such First Amendment expression, or that it has been impossible to obtain insurance coverage.
The statement shall identify the insurance agent licensed to do business in California who has investigated the costs of such insurance, or state that the applicant/sponsor has reviewed the insurance premium for the required coverage under a City-held special events insurance policy.
2. The City may, at its discretion, require the applicant/sponsor to apply for insurance coverage for the event under a policy selected by the City. The applicant/sponsor must provide any information pertinent to qualifying for the insurance coverage. The premium for the insurance coverage will be paid for by the City rather than the applicant/sponsor.
F. It will be the discretion of the City Manager to authorize insurance coverage in the amount less than specified under this section, upon determination that the special event is of such a nature as to present minimal or no risk to the City. [Ord. 1162 § 1(Exh. A), 2002.]
17.32.140 Cleanup/damage deposits for certain special events.
The applicant/sponsor of a special event involving the sale of food or beverages, erection of structures, horses or other large animals, or water aid stations will be required to provide a cleanup/damage deposit, as established by City fee schedule set by resolution of the City Council, prior to the issuance of the special event permit. The cleanup/damage deposit shall be returned after the special event if the area used for the permitted event has been cleaned and restored to the same condition as existed prior to the special event.
If the City property used for the special event has not been properly cleaned or restored, the applicant/sponsor shall be billed for the actual cost by the City for cleanup and restoration, and the cleanup deposit (or a portion thereof) shall be applied to payment of the bill. If the applicant/sponsor disputes the bill he may appeal to the Director of Public Works within five days after the receipt of the bill. Should there be any unexpended balance on deposit after completion of the work, this balance shall be refunded to the applicant/sponsor. [Ord. 1162 § 1(Exh. A), 2002.]
17.32.145 Police service fees – Use of pre-established routes.
A. Assignment of Police Services. The Chief of Police, or his/her designee, may require the assignment of overtime officer(s) to provide police services at the special event. Police service includes clearing the event route or site of unauthorized vehicles, diversion of traffic around the event and direction of pedestrian and vehicular traffic along the route of the special event.
B. Payment and Computing of Police Service Fees. If overtime officers will be assigned for police services at the special event, the applicant/sponsor of the special event shall be required to prepay the estimated costs of providing the officers prior to the issuance of the special event permit. The police service fees will be computed by determining the number of police officers who will be required for police service, the number of hours the officers will be on duty, and the City’s full costs of providing officers on an hourly basis as established by City fee schedule set by resolution of the City Council.
C. An applicant may request assignment of officers. An applicant may request assignment of overtime officers for policing and/or traffic control at the special event. Assignment of overtime officers at the request of an applicant/sponsor is discretionary with the Chief of Police or his/her designee and is subject to availability of overtime officers. The applicant/sponsor shall be required to prepay the estimated cost of providing the officers prior to the issuance of the special event permit.
D. Waiver of Police Service Fees for Certain Events. Police service fees may be waived by the Chief of Police, or his/her designee, for the first four hours that overtime police officers are assigned to provide police services at the following special events: (1) events sponsored by nonprofit youth organizations; (2) for events whose primary purpose is expression, dissemination or communication of opinions, views or ideas by verbal, visual, literary or auditory means. The applicant/sponsor of the event must sign a verified statement that he believes that event’s purpose is such First Amendment expression, and the cost of police service fees is so financially burdensome that it would constitute an unreasonable burden on the right of First Amendment expression. If overtime officers will be assigned for more than four hours, the applicant/sponsor shall be required to prepay police service fees for time in excess of four hours as specified in subsection B of this section.
E. Billing and Refunds. If the actual costs of the City of providing police officers pursuant to subsections B, C, or D of this section on the day of the special event is in excess of the applicant/sponsor’s police service fee deposit, the applicant/sponsor shall be billed for the difference. If the actual costs of providing police services pursuant to subsections B, C, or D of this section are less than the applicant/sponsor’s deposit, the applicant/sponsor shall be refunded the difference.
F. Pre-Established Routes. The Chief of Police, or his/her designee, may determine certain pre-established routes for parades and other special events within the City, and predetermine the number of officers required for police services along those routes. [Ord. 1162 § 1(Exh. A), 2002.]
17.32.150 Duties of permittee/sponsor of special event.
A. Each permittee/sponsor of a special event shall comply with all terms and conditions of the special event permit.
B. Each permittee/sponsor of a special event shall ensure that the person leading a parade or other special event along a route, or the person in charge of any other special event, carries the special event permit on his/her person for the duration of the special event.
C. Each permittee/sponsor of a special event shall ensure the area used for the permitted special event is cleaned and restored to the same condition that existed prior to the special event, immediately following the completion of the special event. [Ord. 1162 § 1(Exh. A), 2002.]
17.32.160 Unlawful to exceed scope of permit.
The special event permit authorizes the permittee/sponsor to conduct only such event as is described in the permit, and in accordance with the terms and conditions of the permit. It is unlawful for the permittee/sponsor to willfully violate the terms and conditions of the special event permit, or for any event participant with knowledge thereof to willfully violate the terms and conditions of permit. [Ord. 1162 § 1(Exh. A), 2002.]
17.32.170 Penalties.
The violation of any provision of this chapter is an infraction, and is punishable upon conviction as provided in SMC 1.05.010. Such violation may also be addressed in a civil action. [Ord. 1162 § 1(Exh. A), 2002.]