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2013-01 Ch. 6.11 Special Events ORDINANCE 2013-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA ADDING CHAPTER 6.11 TO THE ENCINITAS MUNICIPAL CODE REGARDING OPERATIONS PERMIT FOR SPECIAL EVENTS The City Council of the City of Encinitas, California does ordain as follows: SECTION ONE: Add Chapter 6.11 Operations Permit: Special Events of the Encinitas Municipal Code. SEE ATTACHMENT A Delete Chapters 6.12 Operations Permit: Use of Public Recreational Property,6.16 Operations Permit: Outdoor Assemblages,and 6.20 Parades and Special Events. SECTION TWO: This Ordinance was introduced on February 20, 2013. PASSED AND ADOPTED this 13th day of March, 2013, by the following vote to wit: AYES: Barth, Gaspar, Kranz, Muir, Shaffer. NAYS: None. ABSTAIN: None. ABSENT: None. f ATTESTATION AND CERTIFICATION: Teresa Arballo Barth, Mayor This Ordinance was published pursuant to law. Kathy NollywooA, City Clerk ENCINITAS MUNICIPLE CODE CHAPTER 6.11 OPERATIONS PERMIT: SPECIAL EVENTS 6.11.010 Purpose and Intent The City Council recognizes that special events enhance the City's lifestyle and provide benefits to area residents, visitors, and businesses through the creation of unique venues for expression, recreation, and entertainment that are not normally provided as a part of governmental services. However, the City Council also recognizes that special events, if unregulated, can have an adverse effect on the public health, safety and welfare due to noise, traffic, safety, abuse of alcohol, possible civil or anti event demonstrations and/or protestors, and health hazard impacts. The purpose and intent of this Chapter is to set forth reasonable regulations by establishing a process for permitting special events within the City. Permits will protect the rights and interest granted to special event permit holders, ensure the health and safety of patrons, prohibit illegal activity from occurring within special event venues, minimize any adverse effects from special events, and ensuring the efficient use of public property and City services. It is further intended to create a mechanism for cost recovery to the City for special events without having an adverse effect on those special events that contribute to the community. Notwithstanding the provisions of this Chapter, proposed activities shall be subject to Title 30 Zoning Regulations and Coastal Development requirements. 6.11.020 Definitions A. "Affected Parties," means businesses and residents located within five hundred feet of the area around the special event that are likely to experience impact from the special event. B. "City" means the City of Encinitas. C. "City Manager" means the City Manager or his/her authorized designee. D. "Crowd Manager" means the same as defined in the California Fire Code Section 403.3. E. "Commercial Business" means an organization engaged in the trade of goods, services, or both to consumers (e.g. retail, corporation, LLC, or sole proprietorship) whose primary purpose is a for-profit venture. F. "Demonstration" means any formation, procession or assembly of twenty-five (25) 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. Attachment A—Proposed EMC Chapter 6 11 G. "Event" means a special event or a demonstration. H. "Event Promoter" means any person who conducts, manages, promotes, organizes, aids or solicits attendance at a special event. I. "Expressive Activity" means conduct, the sole or principal 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. J. "Goods" means any wares, personal property, merchandise or any other similar item that is generally sold. K. "Issuing Authority" means the same as defined in the EMC Chapter 6.02. L. "Major Special Event" means an event that includes 2,000 or more participants and/or spectators affecting City and/or contracted law enforcement personnel, resources, services, outdoor facilities, traffic circulation, street closures, the community and/or its citizens. M. "Moderate Special Event" means an event that includes 500 to 1,999 participants and/or spectators or requires a street closure affecting City and/or contracted law enforcement personnel, resources, services, outdoor facilities, traffic circulation, the community and/or its citizens. N. "Minor Special Event" means an organized recreational activity or event that includes 25 to 499 participants and/or spectators held on public property affecting City and/or contracted law enforcement personnel, resources, services, outdoor facilities, traffic circulation, and the community and/or its citizens. O. "Municipal Corporation" means the City of Encinitas and the San Dieguito Water District. P. "Non-Profit Organization" means a tax-exempt organization under relevant sections of the Internal Revenue Code. Q. "Non-Resident' means an individual or organization residing or based outside the boundaries of the City of Encinitas or any group with more than 50% of its membership residing outside the City limits. R. "Notice to Permittee"means the same as defined in the EMC Chanter 6.02. S. "Parks and Recreation Director" means the director of the Parks and Recreation department or his/her authorized designee. T. "Permit Holder" means an individual, group, or organization to which a special event permits has been issued. U. "Person"means the same as defined in the EMC Chanter 6.02. Attachment A—Proposed EMC Chapter 6.11 V. "Private Party" rneans an individual, group or organization that excludes participation by the public and is either not-for-profit or for-profit. W. "Resident" means an individual or organization residing or based within the boundaries of the City of Encinitas with a US Postal Service Code of 92024 or 92007. Use of a City PO Box mailing address is not considered residency. To be considered an Encinitas resident group more than 50% of the membership must reside within the City limits. X. "Sheriff' means the San Diego County Sheriff or his/her authorized designee. Y. "Sidewalk" means the same as defined in the EMC Chapter 14.06. Z. "Sign or Banner" means the same as defined the EMC Chapter 30.04 and Chapter 15.10. AA. "Sound-Amplifying Equipment" means the same as defined in the EMC Chapter 9.32. BB. "Special Event" means any scheduled or planned event occurring within the City of Encinitas that impact the normal use of public or private property, or disrupts the normal flow of traffic or access to public property or public right-of-way and which can reasonably be expected to require support by the City and County government and/or personnel. Types of events include celebrations, festivals, fairs, aquatics, sporting or similar events and may include live or amplified music and/or a stage, may include alcohol requiring an ABC permit and/or associated regulations, and the use of booths or vendors. CC. "Street" means the same as defined in the EMC Chapter 14.06. DD. "User Classifications". Outdoor facilities shall be available for use by the public for recreational, educational, civic and commercial purposes. Users are classified into groups for the purpose of assessing fees and determining priority of use. 1. Priority 1 - Municipal Corporation: City or City-sponsored events 2. Priority 2 - Resident: recreational, private party or non-profit organization 3. Priority 3 - Resident: private party for profit or commercial business 4. Priority 4 - Non-Resident: private party or non-profit organization 5. Priority 5 - Non-Resident: commercial business EE."Vendor" means any person who sells or offers to sell goods or provide services within a special event venue. 6.11.030 Permit Required As defined in the EMC Chapter 6.02. Attachment A—Proposed EMC Chapter 6 11 6.11.040 Claim of Exemption As defined in the EMC Chapter 6.02. 6.11.050 Fees As defined in the EMC Chapter 6.02. 6.11.060 Application In addition to EMC Chapter 6.02, the following application requirements apply: A. Major special event applications must be submitted annually to the Parks and Recreation Department no later than June 15 for events taking place the following calendar year. If June 15 is a non-working day, the deadline is extended to the following business day. City Council will review applications in August of each year and select the major events to be held for the following calendar year. City Council may choose to limit the number of major events held at Moonlight State Beach and in the downtown areas. Permits will be processed and issued by the Parks and Recreation Department. B. First time Moderate special event applications must be submitted to the Parks and Recreation Department between ninety-days (90) and twelve (12) months prior to the event date Reoccurring event applications must be submitted between thirty-days (30) and twelve (12) months prior to the event date. Council approved major special events will take precedence over moderate special event dates. Permits will be processed and issued by the Parks and Recreation Department. C. Applications for Minor special events must be submitted to the Parks and Recreation Department between twenty-five (25) days and twelve (12) months prior to the scheduled event. Council approved major special events will take precedence over minor special event dates Permits will be processed and issued by the Parks and Recreation Department. D. Any event where alcohol is served or sold requires an ABC license and must be reviewed, approved, and abide by all Alcohol and Beverage Control (ABC) regulations. E. 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 names, addresses and telephone numbers of the headquarters of any organization for which the special event is to be conducted, and proof of the authorized representatives of the organization. Attachment A—Proposed EMC Chapter 6 11 3. An acknowledgment of financial responsibility for any City fees or costs that may be imposed for the special event by the applicant 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. Advance notification if alcohol is to be served or sold and the ability to follow applicable ABC guidelines and regulations. 6. A statement of fees to be charged participants of the special event. 7. Identification of a City business registration or a copy of a document showing proof the applicant is a tax-exempt non-profit organization. 8 Proof of insurance required by this Chapter 9. The date(s), time(s), and location(s) where the special event is to be conducted, including assembly and disbanding. 10. A site plan including but not limited to: a) Portable structures b) Prefabricated structures c) Site-built structures d) Staging e) Reviewing stand(s) f) Elevated platforms g) Temporary pedestrian bridges h) Tents or canopies i) Portable restrooms j) On-site signs k) Assembly or production areas 1) Electrical sources and connections m) Fuel storage n) Cooking and open fires o) Water supply p) Alcohol service areas and applicable restrictions or permitting needs as required by ABC q) Run-off containment features Attachment A—Proposed EMC Chapter 6.11 r) Waste and recycling containers s) Accessible Parking t) Ingress and egress points and routes for able body and disabled persons u) Access points for emergency fire and ambulance equipment v) Emergency medical services area(s) w) Any vehicles located in an enclosed area x) Inflatable(s) y) Animals and animal rides z) Carnival rides aa) Location to accommodate individuals desiring to express opinions not consistent with the purpose or intent of the event bb)Other similar information that will describe the components of the event 11. A temporary sign/banner application as defined in the EMC Chapter 30.60 and Chapter 15.10 12. Traffic control plans (TCP) must be detailed, prepared by a traffic control specialist as defined in EMC Title 14, meet all California Manual on Uniform Traffic Control Devices (MUTCD) standards for a major or moderate event and a parking management plans for all streets, sidewalks and parking lots that the special event will affect by restricting the public's normal, typical or customary use thereof. 13. Approximate event attendance including the number of participants, spectators, event facilitators, crowd managers, animals and vehicles. 14 Provisions for first aid and emergency medical services. 15. The number, type and location of sanitation facilities. 16. A description of any recording equipment, sound amplification equipment, or other attention-getting devices to be used in connection with the special event. 17. A pollution prevention plan as defined in the EMC Chapter 20.08. 6.11.070 Security, Law Enforcement and other Emergency Services A. If, in the opinion of law enforcement and/or City staff, an activity warrants the presence of law enforcement, emergency services, or one or more security personnel, or crowd managers, the cost of all services (including planning, meeting attendance and reports) shall be borne by the applicant. Attachment A—Proposed EMC Chapter 6 11 B. Additional law enforcement protection, civilian traffic control personnel, crowd managers, private security and volunteer staff may be necessary to ensure traffic control and public safety for a special event. Determination will be based on event size, location, duration, time, date, the expected sale or service of alcoholic beverages, the number of streets and intersections blocked off from use by the public, the need to detour or preempt pedestrian and vehicular travel from the use of public streets and sidewalks, and prior event history and or associated issues or problems. The Sheriff's shall provide law enforcement services, if law enforcement protection is deemed necessary, and determine if other emergency and safety services or equipment is required for the special event. The cost of law enforcement services will be determined by existing contractual rates as determined by the providing entity. C. Security personnel are subject to approval by the City. Security personnel are to be licensed and in uniform. Proof of obtaining the required security personnel must be provided to the Parks and Recreation Department no later than two (2) weeks prior to the activity in the form of a receipt and/or contract from a bonded security agency. If proof is not provided to the Parks and Recreation Department by the required date, the special event permit may be revoked. If, after proof of security has been provided to the City and the said security is not present at the event, the City employee in charge may revoke the special event permit and ask the permit holder to leave the area. D. The costs of any event issues requiring a higher level of response by law enforcement due to problems or issues at the event (e g. riots, civil unrest, disturbances etc.) will be charged to the event organizer by the City of Encinitas. 6.11.080 Release and Indemnification Requirement A. As defined in the EMC Chapter 6.02. B. Events with vendors or active participants require a City approved waiver indemnifying the City. 6.11.090 Insurance Requirements As defined in the EMC Chapter 6.02 6.11.100 Notification Public notification for special events may be required to affected parties. Pre-approval of the event notice and public notification will be provided by the City with the full cost to be borne by the applicant. Attachment A—Proposed EMC Chapter 6 11 6.11.110 Noise Abatement Permit holder must comply with noise abatement as defined in EMC Chapter 30.40 and Chapter 9.32. Amplification for special events shall be allowed between the hours of 8:00 AM and 7:00 PM. Amplified music shall be allowed between the hours of 10:00 AM and 5:00 PM. 6.11.120 Animals The use of animals at special events is limited under the EMC Chanter 9.22 and Chapter 8.04. 6.11.130 Clean Up If the event is utilizing City streets or facilities (e.g. parks or beaches), the permit holder is responsible for complete clean-up and returning the site or facility to its pre-event condition. A refundable clean-up deposit will be required and due in full prior to the issuance of the permit. Deposit amounts will be determined at the time the application is reviewed by the City staff and will be based on the size, location and type of event. City staff will conduct a pre- event and post-event inspection. If the site or facility has not been left as found, the City will use the deposit (e.g. all or a portion) to pay for any clean-up work necessary to return the area to its original condition. If no additional work is required, the deposit will be returned in full within thirty-days (30) from the date the event was held. 6.11.140 Food and Alcohol Regulations The City reserves the right to place restrictions on the use of alcoholic beverages in accordance with ABC regulations and requirements, State law and City code. A. The distribution or consumption of alcoholic beverages shall comply with all applicable laws, as defined in the EMC Chapter 9.28 and Chapter 9.43. All permit holders will be solely responsible for obtaining all required permits or licenses relating to the distribution and consumption of alcoholic beverages. Evidence of required permits or licenses must be provided to Parks and Recreation Department staff two (2) weeks prior to the scheduled event date. B. Alcohol is not permitted on any beach facility and is restricted at designated park facilities as defined in the EMC Chapter 9.28. C. No alcoholic beverage shall be served to any minor person as defined in EMC Chapter 9.42 D. Security and/or law enforcement shall be required at all activities and/or events when alcoholic beverages are served. The number of security personnel will be determined during the review process. The cost of such service shall be borne by the applicant. E. Injuries caused to any person because of alcoholic beverages being consumed by any person on public or private property, or because of alcohol being available on public or private property, shall be the sole responsibility of the permit holder, its sponsor and representatives. F. All food served, catered or otherwise, must comply as defined in the EMC Chapter 11.04. Caterers must furnish proof of liability insurance. Attachment A—Proposed EMC Chapter 6 11 6.11.150 Issuance As defined in the EMC Chapter 6.02. _6.11.160 Hearing on Denial or Conditional Approval As defined in the EMC Chapter 6.02. 6.11.170 Violations As defined in the EMC Chapter 6.02. 6.11.180 Revocation or Emergency Suspension As defined in the EMC Chapter 6.02. 6.11.190 Appeal As defined in the EMC Chapter 6.02. 6.11.200 Interference with Special Events It shall be unlawful for any person to join or participate in a special event or in any other manner interfere with its progress or orderly conduct without the consent of the permit holder. 6.11.210 Severability If any section, subsection, sentence, clause or phrase of this chapter is for any reason held invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision will not affect the validity of the remaining portions of this chapter. The City Council declares that it would have passed the ordinance codified in this chapter and each section, subsection, sentence, clause or phrase contained in it irrespective of the fact that any one or more sections, subsections, sentences. clauses or phrases are declared invalid or unconstitutional.