HomeMy WebLinkAboutOrdinance #3608 ORDINANCE NO. 3608
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL
CODE BY DELETING CHAPTERS 5.68 AND 9.48 AND
ADDING CHAPTER 13.54 RELATING TO SPECIFIC EVENTS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Chapters 5.68 and 9.48 of the Huntington Beach Municipal Code are
hereby deleted in their entirety.
SECTION 2. Chapter 13.54 is hereby added to the Huntington Beach Municipal Code,
said chapter to read as follows:
Chapter 13.54
SPECIFIC EVENTS
Sections:
13.54.010 Definitions
13.54.020 Permit required
13.54.030 Permit application
13.54.040 Application--Contents of
13.54.050 Permit—Specific Event for other than applicant.
13.54.060 Specific Events Committee established
13.54.070 Review of Permit Application by Director
13.54.080 Denial by the Director
13.54.090 Review of Permit Application to Specific Events Committee
13.54.100 Permit--Granting or refusal
13.54.110 Permit--Late applications
13.54.120 Permit--Surety and insurance
13.54,130 Permit--Granting conditions
13.54.140 Permit—Denial
13.54.150 Permit--Contents of
13.54.160 Permit suspension or revocation
13.54.170 Appeal--Filing
13.54.180 Appeal--Council action
13.54.190 Exceptions to provisions
13.54.200 Fourth of July Parade-viewing
13.54.210 Interference with Specific Event
13.54,220 Parking of vending vehicles
13.54.230 Enforcing officer
13.45.240 Permit conditions
13.54,250 Violation-Penalty
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Ordinance No. 3608
13.54.010 Definitions
(a) "Director" refers to the Director of Community Services Department and/or his/her
designee.
(b) "Fourth of July Parade" is that annual parade sponsored by the City of Huntington Beach.
(c) "Parade" means any march, parade, procession or public assembly consisting of persons
or animals or vehicles or any combination thereof, upon any public or quasi public street,
road, highway, sidewalk, alley, park, parkway, pier, beach, building or other public or
quasi public place, which obstructs or unreasonably interferes with the free passage of
vehicular traffic or pedestrian travel.
(d) "Parade route" shall mean the entire route of a parade as approved by the Director.
(e) "Parkway" shall mean that area between the edge of the roadway and the adjacent
property line excluding that area occupied by the sidewalk. Parkway shall also include
any area within a roadway which is not open to vehicular travel.
(f) "Public Property" includes, but is not limited to, sidewalks, parkways, streets, and
medians.
(g) "Roadway" shall mean that portion of a street improved, designated, or ordinarily used
for vehicular travel.
(h) "Rope" is any rope, ribbon, string, line or other device used to delineate a public area for
parade viewing by private parties.
(i) "Seat" is any common chair, stool, folding chair, folding stool,bench or similar device
whose purpose is seating.
(j) "Sidewalk" shall mean any surface provided for the exclusive use of pedestrians.
(k) "Specific Event" shall mean the temporary use of public property, including, but not
limited to, streets, beaches, and parks for any purpose including, but not limited to, events
such as art shows, fund-raising events, sidewalk sales, amusement attractions,
walkathons, marathon runs, block parties, parades,performances, weddings, company
events and sporting events, or any combination thereof. This Chapter has no application
to events that are conducted on private property.
(1) "Street" shall mean all that area dedicated to public use for public street purposes and
shall include, but not be limited to, roadways,parkways, alleys, and sidewalks.
(m) "Structure (including grandstand)" is that which is framed, erected. Grandstand is a
structure whose primary purpose is seating.
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Ordinance No. 3608
13.54.020 Permit required. No person shall organize, produce, direct, conduct,manage, institute
or carry on any Specific Event without a permit first had and obtained from.the Director. 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.
13.54.030 Permit application. An application for a permit shall be filed with the Director not
less than ninety(90) days nor more than two years before the date proposed for holding a
Specific Event. Such application shall be signed by the applicant, who must be at least eighteen
(18) years of age, or his authorized agent and shall be accompanied by a nonrefundable
application fee. The amount of said fee shall be established by resolution of the City Council.
13.54.040 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 sponsoring organization, the contact person, and the address and telephone number
of each;
(b) 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, if alcohol is to be served or sold, or if closure of public
streets is required, a description of merchandise to be sold or any food and beverages to
be sold or otherwise made available to attendees of the Specific Event and the admission
fee, if any, to be charged;
(c) For parades, a description and map of the assembly area, disbanding area and the route to
be traveled; the assembly time, the starting time, the disbanding time; the maximum
parade length;the total number of bands, sound vehicles or musical units, if any, their
type and number of members in each unit; the total number of public address units,
including those that are stationary, mounted on vehicles or portable- the total number of
marching units, if any, their type and number of members in each unit; the number of
animals, if any, and type; the number of floats, if any, their size, type and methods of
power; and the space between their units and their speed; and the maximum number of
persons who will participate in the parade;
(d) A detailed description of the equipment to be used, if any, including the number and
types of vehicles, the number of public address or amplified sound systems, whether
mounted, portable, or stationary, the number and type of special units such as musical or
performance groups, animal zoos or shows, bleachers, canopies, tents, banners,
inflatables, generators 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;
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Ordinance No. 3608
(f) Such other information as requested by the Director;
(g) Said application shall be signed by the applicant under penalty of perjury.
13.54.050 Permit—Specific Event for other than applicant. If such Specific Event is designed to
be held by, on behalf of or for any organization other than the applicant, the applicant for such
permit shall file a communication in writing from such organization, authorizing the applicant to
apply for such permit on its behalf.
13.54.060 Specific Events Committee established. There is hereby established a Specific Events
Committee composed of representatives of pertinent City departments and community
organizations, as appointed by the City Administrator.
13.54.070 Review of Permit Application by Director. Within thirty (30)business days of
the filing of the permit application with the Community Services Department, the
Director shall either issue the permit, deny the permit, or refer the permit application to
the Specific Events Committee for further review.
13.54.080 Denial by the Director. No action on the part of the Director within thirty (30)
business days of the filing of the permit application shall be deemed a denial.
13.54.090 Review of Permit Application to Specific Events Committee. At any time, the
Director may refer any permit application to the Specific Events Committee for further
investigation of the activity proposed to be conducted, the persons involved, and other
facts. The Specific Events Committee shall conduct a hearing on the application within
sixty(60) days after notification of referral of the permit application, after which hearing
the Specific Events Committee shall recommend to the Director to issue or deny the
permit.
13.54.100 Permit--Granting or refusal The granting or denial of any permit or part
thereof by the Director shall be final unless a written appeal is filed as provided
elsewhere in this Chapter. Failure to file an appeal within such ten(10) calendar day
period, shall constitute a waiver of the right to such appeal.
13.54.110 Permit--Late applications. The Director may consider any permit application filed
less than ninety(90) days prior to the time requested for holding a Specific Event.
13.54.120 Permit--Surety and insurance. Prior to the issuance of a permit,the Specific Events
Committee may require:
(a) In lieu of an agreement to compensate the City for loss or damage to public property, the
deposit of cash, check or money order 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 City
personnel, the Director shall also require payment in full prior to issuance of a permit.
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Ordinance No. 3608
(b) That the applicant provide public liability insurance and property damage
insurance, including products liability coverage, workers compensation insurance,
and a separate additional insured endorsement written by an insurance company
acceptable to the City in the minimum limits as set by resolution of the City
Council.
13.54.130 Permit--Granting conditions. As a condition to granting such permit,the Director may
impose 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 use of amplified music, the regulation of traffic, if required, including
the number and type of vehicles; the number and type of signs,banners, and barricades to be
provided by applicant, if any, together with a plan of disposition attached to the application;
whether alcohol shall be allowed; and such other requirements as they may find reasonable and
necessary for the protection of persons and property. Any change in the approved plan must be
submitted to the Community Services Department and approved by the Director fourteen (14)
days in advance of the event. All applicable fees shall be paid at least thirty (30) days prior to
such event.
13.54.140 Permit--Denial. The Director, upon recommendation of the Specific Events
Committee shall not issue any permit if any of the following conditions exist:
(a) The application is not on the form provided or does not contain the required information;
(b) The applicant has knowingly made any false, misleading, or fraudulent statement of
material fact in the application 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 standards 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 sidewalk;
(e) Proof of insurance required by this Chapter as a prerequisite 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) Applicant has had a similar Specific Event permit denied for good cause within one (1)
year prior to the application, and can show no material change in circumstances since
such denial;
(h) Applicant refuses to agree to, abide by or comply with all conditions and regulations
attendant upon such Specific Event permit;
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Ordinance No. 3608
(i) 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;
O Applicant has failed to pay the assigned fees or failed to meet any other
conditions imposed by the Director.
13.54.150 Permit--Contents of. A Specific Event permit shall contain the following:
(a) The name of the person or organization to whom issued;
(b) The name and telephone number of the individual on-site contact person;
(c) The date, hour and location for the Specific Event; and
(d) Any on-site conditions imposed on the holding of such Specific Event.
13.54.160 Permit suspension or revocation. A permit for a Specific Event issued hereunder,
shall be summarily suspended or revoked by the Director at any time when there is reasonable
cause to believe that any of the grounds exist for which the original application for permit would
have been denied.
13.54.170 Appeal--Filing. An appeal from suspension, revocation or denial of a permit, or
conditions imposed thereupon by the Director, may be made to the City Administrator within ten
(10) calendar days after service of notice of such action on the applicant 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 Administrator, and the
Director. The Director shall submit to the City Administrator the record of the case appealed.
The City Administrator shall rule on the appeal within ten(10) calendar days after receipt of
such record from the Director. The decision of the City Administrator may be appealed to the
City Council. Such appeal shall be filed with the City Clerk within ten (10) calendar days of
receipt of the decision of the City Administrator.
13.54.180 Appeal--Council action.
(a) Within sixty(60) days after filing a written appeal from the suspension,
revocation, or denial of a permit with the City Clerk, the City Council shall
consider the appeal at a regular meeting. Written notice of the time and place the
City 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 Director and other pertinent information presented, and may grant or
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Ordinance No. 3608
deny the permit subject to the conditions, terms and regulations set forth in this Chapter.
The decision of the City Council shall be final.
(c) The City Cleric shall, within three (3) days after decision of the City Council, notify the
Applicant/permittee in writing of the decision of the City Council.
13.54.190 Exceptions to provisions. No permit shall be required under this Chapter with respect
to:
(a) Any Specific Event sponsored by, or held under the auspices of,the City of Huntington
Beach;
(b) Any bona fide funeral procession, the purpose of which is to transport the remains of a
deceased person to a place of burial or cremation.
13.54.200 Fourth of July Parade-viewing. The purpose of this section is to establish regulations
concerning the viewing of the annual Fourth of July Parade.
(a) No person shall place a chair, structure, rope, sign or other item, on any public property
including center medians, prior to 12:01 a.m. on the 2nd of July and after 2:00 p.m. on
the 41h of July.
(b) No person shall sell any seat or space on public property without permission from the
Director.
(c) No privately placed seating shall be so located or constructed on public property so as to
interfere with any person's viewing of the parade from a City-authorized and approved
grandstand.
13.54.210 Interference with Specific Events. No person shall knowingly j oin or participate in
any Specific Event in violation of any of the terms, conditions, or regulations of the permit
issued therefore, or knowingly join or participate in any Specific Event without the consent and
over the objection of the permittee or in any manner interfere with the orderly conduct of such
event. "Interfere" for purposes of this ordinance shall mean:
(a) Placing furniture or erecting booths or stands within twenty feet of the area designated for
use by the permittee only; or so as to obstruct the view of audience members, after having
first been warned;
(b) Operating a radio, loud speaker, or other similar device, whistle, or other machine or
musical instrument without permission from the permittee;
(c) Making noise, including yelling and screaming, either at a volume higher than that of the
event or in a manner so as to disturb the peace of others, after having been warned;
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Ordinance No. 3608
(d) Entering upon the stage or otherwise joining a performance without permission of the
permittee;
(e) Disrobing or engaging in other conduct which disrupts the event, after having been
warned.
13.54.220 Parking of vending vehicles. No person shall stop, let stand, or park any vehicle, for
the purpose of selling, or offering for sale therefrom, any goods, wares or merchandise on any
street on a parade route.
13.54.230 Enforcing officer. This chapter shall be enforced by the Director, as well as by Peace
Officers having jurisdiction of any area in which a violation of any provision of this title takes
place.
13.54.240 Permit Conditions. The permittee shall follow all conditions as set forth in the permit.
13.54.250 Violation--Penalty. Any person violating this chapter shall be guilty of a
MISDEMEANOR, punishable by a fine of one-thousand dollars ($1,000) or by imprisonment in
the county jail for a period not to exceed six (6) months, or by both such fine and imprisonment.
SECTION 3. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 5 th day of May , 2003.
Mayor
ATTEST: APPROVED AS TO FORM:
Ier c City Attorney 03
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City A ministrator D' ector of Communi Services
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Ord. No. 3608
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH }
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of 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 21st day of April, 2003, and was again read to
said City Council at a regular meeting thereof held on the 5th day of May 2003, and
was passed and adopted by the affirmative vote of at least a majority of all the members
of said City Council.
AYES: Sullivan, Coerper, Green,Boardman, Cook, Houchen, Hardy
NOES: None
ABSENT: None
ABSTAIN: None
I,Connie Brockway,CITY CLERK of the City of
Huntington Beach and ex-officio Clerk of the City
Council,do hereby certify that a synopsis of this
ordinance has been published in the Huntington Beach
Fountain Valley Independent on
2003.
n
In accordance with the City Charter of said City
Connie Brockway, City Clerk City Clerk and ex-officio Clerk
De uty City Clerk of the City Council of the City
of Huntington Beach, California
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