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HomeMy WebLinkAboutOrdinance #2376 ORDINANCE NO. 2376 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING THERETO NEW CHAPTER 5. 68 ENTITLED, "SPECIFIC EVENTS" The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. The Huntington Beach Municipal Code is hereby amended by adding thereto new Chapter 5. 68 entitled, "Specific Events" to read as follows : 5. 68. 010 Specific event defined. "Specific event" means the temporary use of public property for the purpose of con- ducting certain outdoor , short-term events such as art shows , fund-raising events , sidewalk sales , amusement attractions, walkathons , marathon runs, and sporting events, or any combina- tion thereof but not limited thereto . This chapter has no ap- plication to specific events which are conducted on private property, public waterways , public beaches or parks . 5. 68. 020 Permit required . No person shall organize, pro- duce, direct, conduct , manage, institute or carry on any speci- fic event without a permit first had and obtained from the city license department . No person shall promote, advertise, encourage or solicit attendance or otherwise participate in any way in a specific event for which no permit has been issued, or for which such permit has been suspended or revoked. 5. 68. 030 Interference with specific event . No person shall knowingly join or participate in any specific event in violation of any of the terms, conditions or regulations of the permit issued therefor, or knowingly join or participate in any speci- fic event without the consent and over the objection of the per- mittee or in any manner interfere with the orderly conduct of such event . 5. 68 . 040 Permit application. An application for a permit shall be filed with the license department not less than sixty (60 ) or more than 180 days before the date proposed for holding a specific event . Such application shall be signed by the applicant , or his authorized agent, shall be accompanied by a nonrefundable fee of twenty-five dollars ($25) plus a deposit of 5/2/7 9 1 . GH:ahb two hundred fifty dollars ($250) to cover administrative costs, of which latter sum, any unused portion shall be refunded to the applicant . Such fees shall be payable to the city of Huntington Beach, and where administrative costs exceed the amount of deposit, additional funds shall be required before any permit can be issued . 5. 68. 050 Application--Contents of. Application for a permit to hold a specific event shall be made on forms provided by the city, and shall contain the following: (a) The name and address of the applicant , and if the same be a corporation, the names of its principal officers, or if the same be a partnership, association, organization or fictitious company, the names of the partners or persons com- prising the association, organization or company with the ad- dress and telephone number of each; (b) If a charitable or religious association, the appli- cation shall be signed by two officers of the association, and shall include the following: (1) A list of the names of all persons authorized to solicit contributions on behalf of such association, (2) Total amount of funds sought to be raised, (3) The percentage of funds to be used for expenses and the percentage of funds to be used for charitable or religious purposes , (4 ) A financial statement showing the fiscal period ninety days prior to the filing of the application, and ( 5) If a promoter or noncharitable association or entertainment group or person is to be used to raise funds for the charitable association, the true and fic- titious names, home and business addresses of the pro- moter, noncharitable association, entertainment group or person. (c) A detailed description of the specific event proposed to be held, the number of persons participating in the event , the purpose of the event , the date, hours and location where the event is proposed to be held, and the admission fee, if any, to be charged; (d) A detailed description of the equipment to be used, if any, including the number and types of vehicle, the number of public address systems, whether mounted, portable, or sta- tionary, the number and type of special units such as musical 2. groups, animal zoos or shows and the like; (e) An agreement that the city shall be compensated for any damage to public property, and that the site shall be cleaned and restored to the condition in which it was found prior to the holding of the specific event; and (f) Such other information as the specific event com- mittee may require. (g) Said application shall be signed by the applicant under penalty of perjury. 5. 68. o60 Specific events committee established. There is hereby established a specific event committee, composed of the chief of police, director of public works, risk manager, and the fire chief, or their designated representatives . 5. 68. 070 Permit applications--Procedure. All applications for permits to hold specific events shall be filed with the license department to be forwarded to the specific event com- mittee for investigation of the persons involved with, and the activity proposed to be conducted, and other facts, circum- stances and information relating to such application, and the committee shall, within forty (40) days after the filing of an application, grant or refuse to issue a permit . 5. 68 . 080 Permit--Granting or refusal. The granting or refusal of any permit by the specific event committee shall be final unless appealed to the city council within ten (10) days from the date of service of written notice of the deci- sion of the committee on the application. Failure to file an appeal within such ten (10) day period, shall constitute a waiver of the right to such appeal . 5. 68. 090 Permit--Surety and insurance. Prior to the is- suance of a permit , the specific event committee shall require: (a) In lieu of an agreement to compensate the city for loss or damage to public property, the deposit of a surety or cash bond in an amount sufficient to guarantee the cleaning up of the site and the removal of any debris left as a result of the holding of a specific event . If it is determined that such specific event will warrant the presence of policemen or special officers for patrol duty, the specific event committee shall also require the deposit of a surety or cash bond in an amount sufficient to pay the additional costs of providing such patrol. (b) That the applicant provide public liability insurance and property damage insurance, including products liability coverage written by an insurance company acceptable to the 3 city in the minimum limits as set by resolution of the city council. 5. 68.100 Permit--Granting conditions . As a condition to granting such permit, the specific event committee may im- pose reasonable terms and regulations concerning the time and place of such specific event ; the area and manner of conducting such specific event ; the maximum number of persons participating therein; the regulation of traffic , if required, including the number and type of vehicle; the number and type of signs and barricades to be provided by applicant , if any, together with a plan of their disposition attached to the application; and such other requirements as it may find reasonable and necessary for the protection of persons and property. 5. 68.110 Permit--Denial. The specific event committee shall not issue any permit if it finds any of the following: (a) The application is not on the form provided or does not contain the required information; (b) The applicant has knowingly made any false, mislead- ing, or fraudulent statement of material fact in the applica- tion for a permit; (c) The building, structure, equipment , or location of such specific event does not comply with or fails to meet all of the health, zoning, fire, and safety requirements or stand- ards of all of the ordinances of the city of Huntington Beach or the state of California applicable thereto; (d) The activity or location of the activity is such as to interfere with or unreasonably obstruct the free flow of vehicular traffic or other means of travel on any public street, or with pedestrian traffic on the sidewalks; (e) Proof of insurance required by this chapter as a pre- requisite to the holding of a specific event has not been filed with the city; (f) The conduct of the specific event will be contrary to law; (g) The conduct of the specific event will unreasonably interfere with the preservation of the public peace, health, safety or welfare of the public ; (h) Applicant has had a similar specific event permit denied for good cause within one (1) year prior to the appli- cation, and can show no material change in circumstances since such denial; 4 . (i) Applicant refuses to agree to , abide by or comply with all conditions and regulations attendant upon such speci- fic event permit; and (j ) Such specific event will interfere or conflict with another specific event for which a permit has already been issued, or will interfere or conflict with another specific event for which no permit is required by this code. I 5. 68. 120 Reconsideration of application. The specific event committee may reconsider all or part of an application for a permit, or of any permit theretofore granted, either upon motion of applicant or a member of such committee after five ( 5) days written notice thereof to applicant . Such mo- tion for reconsideration shall not be a condition precedent to judicial review. 5. 68 . 130 Permit--Contents of. A specific event permit shall contain the following: (a) The name of the person or organization to whom issued; (b) The address and telephone number of the person or organization named on the permit; (c ) The type of activity for which the permit has been issued; (d) The date, hour and location for the specific event; (e) Expiration date; and (f) Any conditions imposed on the holding of such speci- fic event . 5.68.140 Permit--Denial--Alternatives submitted. If a permit has been denied because of a conflict of date or hour for the proposed specific event , the applicant may request re- consideration of such application and submit therewith an al- ternative date and hour for the holding of such event . 5.68 . 150 Permit--Late applications . The specific event pp p committee, in its discretion, may consider any application filed with the license department less than sixty (60) days prior to the time requested for holding a specific event . 5. 68.160 Permit issued--Departments notified. Upon is- suance of a specific event permit, the license department shall cause copies of such permit to be sent to the police watch com- mander and fire department . 5. 5.68.170 Permit suspension or revocation. A permit for a specific event issued hereunder, shall be summarily suspended or revoked by the specific event committee at any time : (a) When it has reasonable cause to believe that any of the grounds exist for which the original application for permit would have been denied; and (b) When it has reason to believe that the health, safety and welfare of persons or property would be endangered because of real or threatened disaster, public calamity, riot or other emergency. 5. 68.180 Appeal--Filing. An appeal from denial or revoca- tion of a permit may be taken to the city council within ten (10) days after service of notice of such action on the appli- cant or permittee. Such appeal shall be in writing, setting forth fully the grounds upon which the appeal is based, and shall be filed with the city clerk who shall forward copies to the city council and members of the special event committee. The specific event committee shall submit to the city council the record of the case appealed . 5. 68.190 Appeal--Council action. (a) Within thirty (30) days after filing the appeal with the city clerk, the city council shall consider the appeal at a regular meeting. Written notice of the time and place the council will consider the appeal shall be mailed by the city clerk to the person who filed the appeal at least ten (10) days before the date set for hearing unless the applicant/permittee shall waive notice in writing. (b) In any appeal, the city council shall -consider the application, the record of the case submitted by the specific event committee and other pertinent information presented, and may grant or deny the permit subject to the conditions , terms and regulations set forth in this chapter. The decision of the council shall be final. (c) The city clerk shall, within three (3) days after de- cision of the city council, notify the applicant/permittee in writing of the decision of the council . 5. 68. 200 Permit--Decision review. (a) The city council may, on its own motion, made within twenty (20) days after the decision of the specific event committee, review the issuance, denial, suspension or revocation of any permit , or review any condition, term or regulation attached thereto . (b) If, after review, the city council determines that the matter should be considered on appeal before such body, it shall 6. order the city clerk to notify the applicant/permittee, specific event committee, and any other affected parties of the time and place of such consideration, as hereinabove provided. After such consideration, the city council may grant or deny the permit subject to the conditions , terms and regulations set forth in this chapter. 5. 68. 210 Exceptions to provisions . No permit shall be required under this chapter for any specific event sponsored or held under the auspices of the city of Huntington Beach or any other public entity. 5. 68. 220 Violation--Penalty. Any person violating any provision of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than five hundred dollars ($500) or by imprisonment in the county jail for a period not to exceed six ( 6) months, or by both such fine and imprisonment , and each such person shall be guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued, or permitted. SECTION 2. This ordinance shall take effect thirty days after its adoption. The City Clerk shall certify to the passage of this ordinance and cause same to be published within fifteen days after adoption in the Huntington Beach Independent, a news- paper of general circulation. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on thel8th day of June 1979. s Mayor ATTEST : APPROVED AS TO FORM: City Clerk City Attorney INITIATED AND APPROVED: ty Administrator 7 . Ord. No. 2376 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) as: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the nth day of ,Tune 19 79 , and was again read to said City Council at a regular meeting thereof held on the 18th day of June , 19 79 and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Pattinson, Thomas Mandic, MacAllister, Bailey, Yoder, Finley NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California t, Alicia tA. Wentworth CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Councrs', do heaeby certify that a synopsis of this ordinance has been publ"ched in the Huntington Beach In, Pen�ent on In ac dance wi+h tre Cay C +, «r of said C'ty. AtlCIA M. VYENIWOR.TH............................... City Clerk ............ . ......:......._....,....l..s........ Deputy City Clerk