ORDINANCE NO. CCO-18-02

AN ORDINANCE OF THE CITY OF MT. SHASTA AMENDING THE MT. SHASTA MUNICIPAL CODE CHAPTER 7.30

“SPECIAL EVENTS”

WHEREAS, the City of Mt. Shasta has the authority to regulate special events to ensure the health, safety, and welfare of the residents and visitors of the City; and

WHEREAS, Special Events can have a positive impact on the cultural and economic environment of the City; and

WHEREAS, Special Event may also increase the frequency and severity of noise, pollution, and negative nuisances; and

WHEREAS, the Planning Commission at the March 20, 2018 Regular Planning Commission approved amendments to Chapter 7.30 “Special Event” in order to clarify definitions of Special Events and improve administrative procedures surrounding permitting; and

WHEREAS, the proposed amendments codify a number of City policies not previously considered and clarify the definitions of various events that may take place in the City.

NOW THEREFORE BE IT RESOLVED, the City Council does hereby ordain that Chapter 7.30 of the Mt. Shasta Municipal Code is amended to read as follows:

Chapter 7.30

SPECIAL EVENTS

Sections:

7.30.010 Purpose.

7.30.020 Definitions.

7.30.030 Permit required.

7.30.040 Exemptions.

7.30.050 Special Events Review Board

7.30.060 Application for permit.

7.30.070 City Services

7.30.080 Special Event Conditions.

7.30.090 Graphics

7.30.100 Notification

7.30.110 Reasons for Denial of a Special Event Permit

7.30.120 Notice of Denial

7.30.130 Contents of Permit

7.30.140 Revocation.

7.30.150 Fees

7.30.160 Appeals.

7.30.010 Purpose.

The purpose of this chapter is to recognize the significant community benefits that can result from special events, and provide a mechanism to help minimize and control the disruption to the affected areas. The intent is to assure that the City has timely notice of proposed events in order to give the City and its emergency service providers the ability to ensure that adequate public safety, traffic control, parking, sanitation, and any unusual requirements can be met to provide a safe and enjoyable experience for both citizens and visitors. (Ord. CCO-12-01 § 1, 2012)

7.30.020 Definitions.

“Affected Party” means businesses and residents located within 300 feet of the area around the special event that are likely to experience impact from the special event.

“City Manager” means the city manager or authorized designee

“Demonstration” means any formation, procession or assembly of 50 or more persons which, for the purposes of expressive activity, is:

1. To assemble or travel in unison on any street in a manner that does not comply with normal traffic regulations or controls; or

2. To gather at a public park or other public area.

“Event” includes special event or demonstration

“Event Promoter” means any person who conducts, manages, promotes, organizes, aids, or solicits attendance at a special event.

“Expressive activity” includes conduct, the sole or principle object of which is the means of opinion, views, or ideas and for which no fee or donation is charged or required as a condition of participation in or attendance at such activity. It includes public oratory and distribution of literature.

“Major Event” means a special event that require a traffic control plan for intersections of any street or requires a traffic control plan for a city street.

“Minor Event” means a special event that does not require a traffic control plan or that does not require the shutdown of city streets.

“Permitee” means a person to whom a special events permit has been issued.

“Person” means any person, firm, partnership, association, corporation, company, or organization of any kind.

“Police Chief” means the chief of police or authorized designee.

“Private property permit” means a minor event administrative permit issued by the planning department for a function held entirely on private property that does not require a use of public property in a manner which impacts or restricts the public’s normal or typical use of such property or does not comply with the normal or usual traffic regulations or controls that require the provision of extraordinary city services and are therefore not governed by this chapter.

“Sidewalk” means any area or way set aside or open to the general public for purposes of pedestrian travel, whether or not it is paved.

“Sound-amplifying system” means any system, apparatus, equipment, device, instrument, or machine designed for or intended to be used for the purpose of amplifying the sound or increasing the volume of human voice, musical tone, vibration, or sound wave.

“Serial special event” means a special event which sustains the same nature or purpose over 2 or more dates and times in one calendar year in the same location.

“Special event” means

 1. Any organized formation, parade, procession, or assembly consisting of 50 or more persons, and which may include animals, vehicles, or any combination thereof, which is to assemble or travel in unison on any street which does not comply with normal or usual traffic regulations or controls; or

 2. Any commercial or noncommercial organized assemblage of 50 or more persons at any public area which is to gather for a common purpose under the direction and control of a person or organization; or

 3. Any other organized activity conducted by a person for a common or collective use, purpose or benefit which involves the use of, or has an impact on, other public property or facilities and the provision of city public safety services in response thereto;

 4. Examples of special events include, but are not limited to, concerts, parades, circuses, fairs, festivals, block parties, community events, fireworks, or mass participation sports (such as marathons and running events, bicycle races or tours, tournaments)

”Special Event Permit” means a permit as required by this chapter.

“Spontaneous Demonstration” is an event occasioned by news or affairs coming into public knowledge less 10 days prior to such event.

“Street” means any place or way set aside or open to the general public for purposes of vehicular traffic, including but not limited to any berm or shoulder, parkway, public parking lot, right-of-way, alley or median.

 7.30.030 Permit required.

No person or organization shall organize, conduct, or implement a special event without first being issued a special event permit by the City Manager or authorized designee.

 7.30.040 Exemptions.

When conducted entirely on private or public property, the following are not considered special events:

A. Any organized activity within the scope of a conditional use permit, other land use approval or a private property permit given or required for that use; or

B. Spontaneous demonstration, consisting of 50 or less persons that do not involve the use of vehicles, animals, fireworks, pyrotechnics or equipment (other than sound equipment), provided that:

 1. No fee or donation is charged or required as a condition of participation in or attendance at such demonstration; and

 2. The chief of police is notified at least 36 hours in advance of the commencement of the demonstration; or

 3. Lawful picketing; or

 4. Funeral processions by licensed mortuary; or

 5. Activities conducted by a government or school agency acting within the scope of its authority

 6. Activities with less than 100 people utilizing Park District facilities with the approval of the Park District and are not open to the general public. Examples of this type of event are retirement parties, birthdays, and weddings.

 7.30.050 Special Events Review Board

A. the Special Events Review Board shall be comprised of the Chief of Police, Fire Chief, Public Works Director, and Planning Director, or their other designated representatives.

B. The Special Event Review Board is charged with reviewing and providing recommendations to the City Manager regarding the approval or modification of an application for a special event permit based upon the information required in the application with regard to considerations of public safety, traffic flow and control, the disruption to residences and businesses; availability of resources of city personnel and equipment to adequately ensure the public health, safety, and welfare.

C. The Special Events Review Board shall not recommend for approval a new event for the date, time, or location of a previously established reoccurring event unless the applicant of the previously established reoccurring event notifies the city of such applicants intent to not hold the event or no application has been received by the city by the minimum application filing date.

 7.30.060 Application for permit.

A. A person requesting a special event permit shall file an application, certified by affidavit on forms provided by the Planning Department. The Planning Department will forward the application to the Special Events Review Board for review and recommendation to the City Manager.

B. The application shall be filed no less than 45 days, and not more than one year, prior to the special event is proposed to commence, except for spontaneous demonstration held to react to current events, which shall provide a minimum of 36 hours’ notice. The minimum 45 day requirement may be waived by the City Manager upon written finding that the limited scope of the event, both in size and magnitude, allows it to be adequately reviewed in the time provided.

C. The application for a special event permit shall set forth all of the following information, if applicable:

 1. The name, address, e-mail address and telephone number of the applicant and event organizer and its officers;

 2. The name(s), address(es), and telephone number(s) of the headquarters of any organization(s) for which the special event is to be conducted, and proof of the authorized representatives of the organization;

 3. An acknowledgment by the applicant of financial responsibility for any city fees or costs that may be imposed for the special event and any person authorizing the applicant to apply for the permit on its behalf;

 4. A description of the nature or purpose of the special event, including a description of activities planned during the special event;

 5. A statement of fees to be charged participants and vendors in the special event;

 6. Identification of the City of Mt. Shasta location where special event sales will be reported to the franchise tax board, a City of Mt. Shasta business license or a copy of a document showing proof the applicant is a tax-exempt non-profit organization;

 7. Proof of insurance required by this chapter;

 8. The date(s), time(s), and location(s) where the special event is to be conducted, including assembly and disbanding;

 9. A site plan including but not limited to:

  a. Portable structures,

  b. Pre-fabricated structures,

  c. Site-built structures,

  d. Staging,

  e. Reviewing stand(s),

  f. Elevated platforms,

  g. Temporary pedestrian bridges,

  h. Tents, or canopies,

  i. On-site grading,

  j. Portable restrooms,

  k. All on-site signs and banners that have a face area larger than 16 square feet and/or stand more than four feet above the ground,

  l. Any travel routes,

  m. Assembly or production areas,

  n. Electrical sources and connections,

  o. Fuel storage,

  p. Cooking and open fires,

  q. Water supply,

  r. Run-off containment features,

  s. Waste recycling containers,

  t. Accessible parking,

  u. Access points and routes for disabled persons,

  v. Access points for emergency fire and ambulance equipment,

  w. Emergency medical services area(s),

  x. Any vehicles located in an enclosed area,

  y. Pyrotechnics,

  z. Inflatable(s),

  aa. Animals and animal rides,

  ab. Carnival rides,

  ac. Location to accommodate individuals desiring to express opinion not consistent with the purpose or intent of the event, and

ad. Other similar information that will describe the components of the event;

 10. The location and description of all off-site signs, banners, or attention getting devices;

 11. A detailed traffic control plan (TCP) for a major event and parking management plan, consistent with standards set forth in the National Manual on Uniform Traffic Control Devices or the California Supplement to the National Manual on Uniform Traffic Control Devices for all streets, sidewalks, and parking lots which the special event will impact by restricting the public’s normal, typical, or customary use thereof;

 12. The approximate number of participants, spectators, animals, and vehicles;

 13. The number of persons proposed or required to monitor or facilitate the special event and to provide spectator or participant control and direction for events using city streets, sidewalks, or facilities;

 14. Provisions for first aid and emergency medical services;

 15. The number, type, and location of sanitation facilities;

 16. Provisions for recycling and waste management

 17. Special Events sponsors

 18. A description of any recording equipment, sound amplification equipment, or other attention-getting devices to be used in connection with the special event.

D. Applications for special event permits for spontaneous demonstration held to react to current events shall provide information in subsection C1, C7, and C18 only.

E. Applicants for a serial event held on private or public property (such as fireworks) may file one annual special event application identifying the event dates for one calendar year.

 7.30.070 City Services

A. The Police Chief, Fire Chief, and Public Works Director will determine whether and to what extent additional police and fire protection, public workers, civilian traffic control personnel, private security, and volunteer staff are reasonably necessary to ensure traffic control and public safety for the special event. The Police Chief, Fire Chief, and Public Works Director will base this decision on the size, location, duration, time, and date of the special event, the expected sale or service of alcoholic beverages, the number of streets and intersections blocked off from use by the public, and the need to detour or preempt pedestrian and vehicular travel from the use of public streets and sidewalks. The Police Chief, Fire Chief, and Public Works Director shall provide, if police protection and/or other emergency, city, and safety services or equipment is deemed necessary for the special event, an estimate of the cost of extraordinary city services and equipment required in writing prior to the event. The applicant will be billed for services after the event.

B. When the Police Chief is determining the size of the event and the security needed to protect participants and spectators, the estimate, based upon reasonably known information, of participants shall be determinative. The number of persons attending in response to an event, to heckle, protest, or oppose the sponsor’s viewpoint shall not be considered in the cost of providing police protection.

 7.30.080 Special Event Conditions.

All special event permits will be subject to the following:

A. All food third party vendors must register with the Siskiyou County Health Department prior to the event;

B. If alcohol is to be used or provided at the special event, the permit must be approved by the Chief of Police, and proof of authorization by the Alcoholic Beverage Control Board will be required;

C. Whenever a special event requires a permit under the provisions of this code, the sponsor, promoter, or person conducting the special event shall provide evidence of commercial general liability insurance and additional coverage(s) as appropriate for the activities of the event in a form acceptable to the City Manager, naming the City of Mt. Shasta additionally insured, and with a coverage amount to be determined by the City Manager according to the size and risk factors of the event. When determining the size of the event and the risk to participants and spectators, the estimate of participants shall be determinative. The person conducting the special event shall not be required to insure any risk arising from persons attending in response to an event, to heckle or oppose the sponsor’s viewpoint. The insurance policy required by this section shall not be cancelled, limited, or not renewed without 30 days’ prior written notice given to the City.

D. All applicants must agree to indemnify, defend, and hold the City harmless from any damages arising out of or connected to the special event, and secure and maintain in full force and effect comprehensive general liability insurance for bodily injury, property damage, and other risks as may be required, in such amounts as the City Risk Manager deems necessary, and shall name the City of Mt. Shasta as an additional insured on said policy. (Ord. CCO-12-01 § 1, 2012)

7.30.090 Graphics

A. Definitions in Section 7.30.080 pertaining to Graphics shall be the same as Chapter 8.08 in the Mt. Shasta Municipal Code.

B. The permittee may post small promotional material to advertise the event. Small promotional material shall meet the following criteria:

 1. The small event promotion graphic(s) shall not exceed 11” x 17” in graphic size

 2. Shall not be posted more than 30 days prior to the event.

 3. Shall be removed within 48 hours after the event.

C. The permittee may post a maximum of eight large graphics that promote the event at locations approved by the City Manager and listed in the application. Large event promotion graphics shall meet the following conditions:

 1. The large event promotion graphic(s) shall not exceed 16 square feet in graphic area;

 2. Shall not be posted more than 14 days prior to the event; and

 3. Shall be removed within 48 hours after the event.

D. All vendors at an approved Special Event are allowed to post graphics advertising their products and/or services at their vendor location. No off-site graphics are allowed for vendors or outside businesses unless they are sponsors of the Special Event. All sponsors shall be listed in the Special Event Application.

E. Special Events may utilize City street banner poles in the downtown town area as per the City Banner Policy. The City Banner Policy shall be adopted through Resolution of the City Council and made available to the public at City Hall.

F. The permittee for a special event permit may post graphics and banners during the special event at the special event venue advertising the Special Event if:

 1. All venue graphic(s) with more than 16 square feet in graphic area or graphics that are more than 4 feet about ground level shall be identified on the site plan.

 2. Each venue graphic(s) shall be less than 32 square feet of sign area.

 3. Each venue banner(s) shall be less than 65 square feet of sign area.

 7.30.100 Notification

A. The applicant for:

 1. A first time major event 

 2. A major event that has not been held for more than two years;

 3. A first time event at a city facility;

Shall notify all residences and businesses within 300 feet of the special event venue of the proposed event a minimum of 30 days prior to the event.

B. The notification must list the event date, time, location, purpose, and City Hall contact information.

C. Residences and businesses within 300 feet of the special event venue may protest the major event to the City Manager for consideration.

 7.30.110 Reasons for Denial of a Special Event Permit

A. the City Manager may only deny a special event permit to an applicant when any of the following applies:

 1. The application for the permit (including any attachments) is not fully completed and executed.

 2. The application for the permit contains a material falsehood or misrepresentation.

 3. The applicant has failed to conduct a previously authorized event in accordance with law or terms of a permit, or both.

 4. The use or activity would conflict with previously planned programs organized and conducted by the city and previously scheduled for the same place and time.

 5. A fully executed prior application for the same time and place has been received and a permit has been or is likely to be granted authorizing uses or activities which do not reasonably permit multiple occupancy of the particular site or part thereof.

 6. The applicant has not complied or cannot comply with applicable federal, state, or local laws, regulations, ordinances, or City Council policy

 7. The applicant has not tendered the required application, indemnification agreement and endorsement(s), insurance certificate, or security deposit for police and emergency services and equipment within the times prescribed.

 8. The applicant has not provided for the services of a required number of police officers, fire and/or paramedic personnel, private security, civilian traffic controllers, or event volunteers/staff to ensure the safety of the event.

 9. The applicant has not provided adequate sanitation and other required health facilities on or adjacent to any public assembly area.

 10. The applicant has not provided sufficient off-site parking or shuttle service, or both, required to minimize any adverse impacts on public parking and traffic circulation in the vicinity of the special event.

 11. The applicant has not obtained the approval of any other public agency within whose jurisdiction the special event or portion thereof will occur.

 12. The use or activity would present an unreasonable danger to the health or safety of the applicant, other users of the site, or the public.

 13. The special event will require the exclusive use of a park area during any period in a manner which will have adverse impact on the reasonable use of access to those areas by the general public.

 14. The special event will create the imminent possibility of violent disorderly conduct likely to endanger public health, safety, and welfare or to result in property damage.

 15. The special event will interfere with the normal access and function of businesses and/or residences during any period in a manner, which will have adverse impact on the reasonable use or access to those areas.

 16. The special event will require the diversion of an excessive number of police and/or fire employees form their normal duties, thereby preventing reasonable police and fire protection to the remainder of the City.

 17. The conduct of the special event will negatively interrupt the safe and orderly movement of other pedestrian or vehicular traffic, including public transportation, contiguous to its route or location, and cannot be adequately mitigated.

B. the City Manager shall not deny a special event permit to an applicant based upon message, content or viewpoint of the event sponsor.

 7.30.120 Notice of Denial

The City Manager will act promptly upon a timely filed application for a special event permit and will make a determination not less than 21 days prior to the event. The application will be notified within 2 working days of said determination. If the City Manager does not act on a special event at least 21 days prior to the event, the application shall be deemed approved.

 7.30.130 Contents of Permit

Each granted special event permit will contain the following information or conditions, which is pertinent to the event:

A. The dates and times when the special event will be held;

B. The dates and time roads will be closed;

C. The set-up or staging time;

D. The time clean-up or dismantling will be completed;

E. The location of the special event venue, including set-up or staging area(s), if any, and clean-up or dismantling area(s), if any;

F. The specific route of the special event;

G. The number of persons, and type and number of animals and vehicles, the number of bands, other musical elements and equipment capable of producing sound, if any, and noise limitations thereon;

H. The location of reviewing or audience stands;

I. A copy of the TCP and/or parking management plan including the number and location of traffic controllers, monitors, other personnel and equipment and barricades to be furnished by the permittee or city;

J. Conditions or restrictions on the use of alcoholic beverages and authorization for the conditions of the exclusive control or regulation of vendors and related sales activity by the permittee during the special event;

K. Provisions for any required emergency medical services;

L. The applicant’s waste management plan;

M. The applicant’s plan to control water run-off and other contaminates that may enter the city storm drain system.

N. Provisions for cleaning-up and restoration of the area or route of the event both during and upon competition of the event;

O. The requirement for the on-site presence of the special event organizer or a designated representative for event coordination and management purpose who shall carry the special event on their person during the special event.

 7.30.140 Revocation.

In the event of violation of any of the terms or conditions of the permit, or if further conduct of the special event should for any reason threaten the health and safety of the public, the City may immediately revoke the permit. In the event that a structure or obstruction relating to the special event threatens the public safety or welfare, the City may order the immediate repair or removal of the structure or obstruction. If permittee fails to repair or remove the structure or obstruction, the City will repair or remove the structure or obstruction, and the cost and expense shall be paid by the permittee, including any professional fees associated with the enforcement of collection of the same. (Ord. CCO-12-01 § 1, 2012)

 7.30.150 Fees

A. Major Event Fee. A nonrefundable fee, as set forth by resolution of the City Council of the City of Mt. Shasta, reasonably calculated to reimburse the city for its reasonable and necessary costs in receiving, processing, and reviewing applications for permits to hold a major event, must be paid when an application is filed.

B. Minor Event Fee. A nonrefundable fee, as set forth by resolution of the City Council of the City of Mt. Shasta, reasonably calculated to reimburse the City for its reasonable and necessary costs in receiving, processing, and reviewing application for permits to hold a minor event, must be paid when an application is filed.

C. If the application includes the use of any city facility and/or property, or if any city services are required for the special event, the applicant must agree to pay for the services in accordance with a schedule of service costs approved by City Council resolution.

D. Third Party Vendor Fee. If the permittee provides for or allows third party vendors to participate in the special event, the permitee shall pay an additional nonrefundable fee, as set forth in the schedule of service costs approved by the City Council resolution, reasonably calculated to reimburse the City for its actual and necessary costs in receiving, processing, and reviewing the application that includes third party vendors. The amount of the additional fee shall be established by resolution of the City Council and shall be based on whether the application is for a major or minor event.

 7.30.160 Appeals.

(A) Appeal may be made to the City Council from any decision by the City Manager by filing a notice thereof in writing with the City Clerk within 10 days after such decision is made. Such notice shall set forth in detail the action being appealed and stating the basis or grounds for the appeal and the relief sought by applicant.

(B) The City Council shall hear the appeal at the next available regular City Council meeting following the filing of the appeal, and such hearing may for good cause be continued by order of the City Council. Upon the hearing of the appeal the City Council may reverse, modify, or affirm the decision in whole or in part. The City Council may modify, delete, or add such conditions as it deems necessary. The decision of the City Council shall be final. (Ord. CCO-12-01 § 1, 2012)

The foregoing Ordinance was adopted at the regular meeting of the City Council of the City of Mt. Shasta held on May 29, 2018 by the following vote:

AYES: Stearns, Wagner, Stackfleth, Engstrom, Morter

NOES: None

ABSENT: None

ABSTAIN: None

Dated: May 29, 2018

CITY OF MT. SHASTA

Kathy Morter, Mayor

ATTEST:

Kathryn M. Wilson,

Deputy City Clerk

APPROVED AS TO FORM:

John Sullivan Kenny, City Attorney

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