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HomeMy WebLinkAbout09-06 CC OrdinanceORDINANCE NO. 09-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AFFIRMING THE RIGHTS OF THE PEOPLE TO GATHER FOR EXPRESSIVE ACTIVITIES ON PUBLIC STREETS, SIDEWALKS AND PARKS, ADDING CHAPTER 12.12 TO THE TEMECULA MUNICIPAL CODE ENTITLED PARADES AND SPECIAL EVENTS ON PUBLIC PROPERTY AND AMENDING SECTION 17.04.020 A. OF THE TEMECULA MUNICIPAL CODE PROVIDING THAT CHAPTER 17.04 APPLIES TO TEMPORARY USES AND SPECIAL EVENTS ON PRIVATE PROPERTY THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 12.12, Parades and Special Events on Public Property, is hereby added to the Temecula Municipal Code to read as follows: "CHAPTER 12.12 PARADES AND SPECIAL EVENTS ON PUBLIC PROPERTY 12.12.010 Peoples' Right to Engage in Expressive Activities on Streets, Sidewalks, and Parks 12.12.020 Definitions. 12.12.030 Special Event Permit Required; Authority of City Manager to Close Streets and Permit Alcohol Sales and Use 12.12.040 Exceptions to the Special Event Permit Requirement. 12.12.050 Special Event Permit--Application. 12.12.060 Approval, Conditional Approval, Denial or Revocation by City Manager. 12.12.070 Indemnification and Insurance. 12.12.080 Departmental services charge. 12.12.090 Refunds. 12.12.100 Interfering with activity prohibited. 12.12.110 Penalty for violation. 12.12.120 Appeals. 12.12.130 Rules and regulations. 1 12.12.140 Unlawful to use City name without authorization. R:/Ords 2009/Ords 09-06 1 ' 12.12.010 Peoples' Right to Engage in Expressive Activities on Streets, Sidewalks and Parks A. People may gather on sidewalks and parks for the purpose of expression, dissemination, or communication of opinion, views, or ideas by any means, including, but not limited to, public oratory and the distribution of literature protected by the First Amendment to the United States Constitution ("Expressive Activities"), on any day and at any time without a permit and without being subject to any City fees or charges. People gathering for such purposes shall comply with all laws and ordinances, including traffic and pedestrian laws and ordinances, and shall be subject to prior use reservations ofthe parks. (1) The following parks provide good facilities for persons to gather for Expressive Activities: (1) Temecula Duck Pond Park; (2) Ronald Reagan Sports Park picnic shelter area; (3) Margarita Community Park and (4) Town Square at Mercedes St. and Main Street in Old Town Temecula (upon completion). (2) These are not the only parks available for Expressive Activities but they do provide adequate space and parking for such activities. B. Expressive Activities on a street shall require a Special Events permit under this Chapter. Such events could create safety hazards for participants and disrupt traffic and activities in the areas surrounding the event. The Special Events Permit process under ' this Chapter will enable the City Manager and the event organizer to mitigate these potential concerns. People who want to hold Special Events involving Expressive Activities on a street, however, shall not be required to: (1) Pay an application fee otherwise required by Sections 12.12.050D and related fees; (2) Provide insurance and indemnification for the Special Event otherwise required by Section 12.12.070; or (3) Pay Departmental Charges for the City's costs of accommodating the Special Event otherwise required by Section 12.12.080. 12.12.020 Definitions. As used in this Chapter, the following words shall have then meanings set forth in this Section unless the context clearly requires a different meaning. A. "Block party" means a Special Event in which one or more blocks in a single family residential neighborhood are closed for the purpose of a special event for the persons residing in that neighborhood B. "City Manager" means the City Manager of the City of Temecula and his/her designee. ' C. "Departmental services charges" means the actual costs that a department of the City incurs in connection with activities for which a Special Event Permit is required R:/Ords 200910rds 09-06 ' under this Chapter; including, but not limited to, costs associated with fire safety, traffic and/or pedestrian control, water safety, the closure of streets or intersections, the diverting of traffic, the salaries of City personnel involved in administration or coordination of City services for the event, the cost to the City to provide support personnel, equipment, materials, and supplies, and related City costs such as administrative overhead, employee benefits or employee overtime. D. "Expressive Activity" means conduct, of which the sole or principal object is the expression, dissemination, or communication of opinion, views, or ideas by any means; including, but not limited to, public oratory and the distribution of literature protected by the First Amendment to the United States Constitution . E. "Event Organizer" means any person who conducts, manages, promotes, organizes, or solicits attendance for a Special Event. F. "Park" means any City park or recreational facility except for the City Skate Park. Park does not include: Temecula Library, Temecula Old Town Community Theater; Children's Museum; Historical Museum; Community Recreation Center building, Community Center building on Pujol Street or designated park maintenance areas. G. "Person" means any natural person, firm, association, joint venture, joint stock company, partnership, organization, club, company, corporation, business trust, or manager, lessee, agent, servant, officer or employee or any of these. ' H. "Sidewalk" means that portion of a street or highway, other than the roadway, set apart for pedestrian travel by curbs, barriers, markings, or other delineation. 1. "Special Event" means: 1. Except as otherwise provided in Section 12.12.010 for Expressive Activities, any organized formation, procession, or assembly of persons, animals, vehicles, or any combination thereof, that assembles or travels in unison on any sidewalk, or other public right-of-way owned or controlled by the City, State of California or County of Riverside, other than a street, consisting of seventy five (75) or more persons; or 2. Any organized formation, procession or assembly of persons, animals, vehicles, or any combination thereof, that assembles or travels in unison for any purpose, including Expressive Activities, on any street; or 3. Except as otherwise provided in Section 12.12.010 for Expressive Activities, any organized assemblage of seventy five (75) or more persons at any public place, property or facility that gathers for a common purpose under the direction or control of a person; or 4. Except as otherwise provided in Section 12.12.010 for Expressive Activities, any other organized activity involving seventy five (75) or more ' persons conducted by a person for a common or collective use, purpose or benefit which activity involves the use of public property or facilities and RJOrds 2009/Ords 09-06 ' which may require the provision of City public services for street blockage, erecting barriers, construction, traffic control, crowd control. 5. Examples of Special Events include, but are not limited to, concerts, parades, circuses, fairs, festivals, block parties, street fairs, community events, mass participation sports (such as marathons and other running events), athletic or sporting events, and community celebrations and observances conducted on public property or public rights of way, other than Expressive Activities. J. "Special Event Permit" means a permit issued pursuant to this Chapter. K. "Spontaneous Event" means any Special Event involving Expressive Activity that is occasioned by news or affairs coming into public knowledge within five (5) days of Special Event and is conducted in a public street. L. "Street" means a way or place of whatever nature, publicly maintained and open to use of the public for purposes of vehicular travel, including highways or alleys, owned or controlled by the City, State of California, or County of Riverside. 12.12.030 Special Event Permit Required; Authority of City Manager to Close Streets and Permit Alcohol Sales and Use A. Special Event Permit Required. Except as otherwise provided in Section ' 12.12.010 for Expressive Activities, no person shall conduct, cause to be conducted, participate or engage in, hold, manage, permit, or allow another to conduct a Special Event without first having obtained a written Special Event Permit issued by the City Manager pursuant to the procedures established in this Chapter. B. Authoritv of Citv Manaaer to Aoorove Sale and/or Use Alcoholic Beverages. The City Manager may approve and permit the sale or use of alcoholic beverages in public areas in connection with a Special Event Permit, even where such sale or use is otherwise prohibited by this Code, provided that such sale or use shall, at all times, comply with all other applicable provisions of law and the terms of the Special Event Permit. C. Authoritv of Citv Manaaer to Close Streets. Pursuant to Vehicle Code Section 21101(e) and other applicable law, the City Council hereby designates the City Manager as the city employee with authority to temporarily close a portion of any street for celebrations, parades, Special Events, and other purposes when, in the opinion of the City Manager, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing. This authority exists whether or not the closure is in connection with a permit issued under this Chapter. D. Citv Not Oblioated to Provide Suooort for Special Event. Issuance of a Special Events Permit pursuant to this Chapter does not obligate or require the City to provide City services, equipment, or personnel in support of an event. The City Manager may nevertheless provide such services, equipment or personnel if such are reasonably ' available and the event organizer makes provisions to reimburse the City for the cost thereof. R:/Ords 2009/Ords 09-06 ' E. Traffic Control Plan Reauired. A Traffic Control Plan shall be required if the Applicant proposes to close or partially close any traffic lanes within a street. The Traffic Control Plan shall be submitted by the Applicant and approved by the City Traffic Engineer in accordance with the Public Works Department's Guidelines for Preparation of Traffic Control Plans. 12.12.040 Exceptions to the Special Event Permit req uirement. A. The following activities are exempt from the Special Event Permit requirement: 1. Expressive Activities described in Section 12.12.010 A. 2. Funeral processions by a licensed mortuary or funeral home; 3. Activities conducted by a governmental agency acting within the scope of its authority; 4. Filming activities governed by the other provisions of the Temecula Municipal Code; 5. Spontaneous Events subject to the provisions of subsection B. 6. Events in rooms rented to the public in City facilities. ' B. Spontaneous Events 1. Spontaneous Events held on a sidewalk or park do not require any permits (Section 12.12.010). 2. If a Spontaneous Event is to be held on a street or City facility other than a sidewalk or park, the organizers thereof shall give written notice to the City Manager at least twenty four (24) hours prior to such parade or assembly. Such written notice shall contain all of the following information: a. The name, address, and telephone number of the event organizer, who shall be considered a permittee for the purposes of this section; b. The name, address, and telephone number of the headquarters of the event organizer and, if an organization is an event organizer, the responsible head of such organization; C. The name, address, and telephone number of the person who will chair the Spontaneous Event and who will be responsible for its conduct; d. The location and date of the proposed Spontaneous Event, ' including the assembly area, disbanding area, and route to be traveled; R:/Ords 2009/Ords 09-06 6 ' e. An estimate of the approximate number of persons who will be participating in the Spontaneous Event and an estimate of the approximate number of persons who will be observing the parade or assembly; f. The time at which the Spontaneous Event will start and conclude; and g. The type of security or other arrangements that will be provided to assure that participants are properly directed. 3. The City Manager may impose reasonable time, place, and manner restrictions on Spontaneous Events in a street as provided in Section 12.12.060 whether or not said activities are governed by the permit requirements set forth in this Chapter. 4. The City Manager may deny permission to conduct a Spontaneous Event if the City Manager makes a finding requiring denial pursuant to section 12.12.060. a. Such finding by the City Manager shall be made no later than six (6) hours before the scheduled start time for the event. If the City Manager denies permission for a Spontaneous Event, the City Manager shall immediately provide notice of the denial, ' including the reason or reasons for the denial, by telephone to the event organizer, and shall also provide written notice of the denial including the reason for the denial. If the event organizer provides a fax number for the purpose of receiving notices, the City Manager shall provide written notice of the denial by fax immediately upon making the denial decision. b. In lieu of denial, the City Manager may propose to the event organizer an alternative time, route, venue, or manner of conducting the activity that would be acceptable to the City and that would obviate any finding made pursuant to section 12.12.070. 112.112.050 Special Event Permit--Application. A. Filing of Application. The application for a Special Event Permit under this Chapter shall be filed with the City Manager. B. Time for Filing Application. Applications shall be filed not less than sixty (60) calendar days, nor more than one (1) year before the time it is proposed to conduct the Special Event; except for the following: 1. Applications for Block Parties shall be filed at least ten (10) working days prior to the event. ' 2. Applications for Special Events involving Expressive Activities in a street shall be filed no earlier than one year before the event and no later RJOrds 2009/Ords 09-06 ' than ten (10) working days before any event to take place on a street or public facility other than a sidewalk or park. C. Waiver of ADDeal. If an applicant for an event involving an expressive activity or block party desires to ensure the opportunity for an appeal to the City Council in accordance with subsection 12.12.140.A, the application shall be filed with the City Manager not less than thirty (30) calendar days, nor more than one year before the time when it is proposed to conduct the event. Failure to file the application at least thirty (30) days prior to the proposed activity shall be deemed to be a waiver of an appeal to the City council and in that event the decision of the City Manager shall be final and the event organizer or other aggrieved person may file or cause to be filed a petition for writ of mandate in state court regarding the validity of the City Manager's decision to grant or deny the application. D. AoDlication Fee. Except as otherwise provided by this Chapter or other applicable law, rule or regulation any permit fee, application fee, daily fee, and other additional fee (other than departmental services charges) for the use of City streets or other City owned or controlled property pursuant to this Chapter shall be established by the City council by resolution. As provided in Section 12.12.010, an application fee shall not be charged for any expressive activity on a sidewalk or park nor for a Special Event involving expressive activity in a street. E. Expedited Processing. The City Manager shall have the authority, if good cause is shown and the nature of the application reasonably and feasibly lends ' itself to expedited processing, to consider, grant, or deny any application filed later than the time prescribed in this section. F. Authoritv to Acceot Late ADolication. Except as otherwise provided by this Code, the City Manager shall determine whether or not a Special Event Permit application is complete within ten (10) business days. In the case of an event involving expressive activity, the City Manager shall determine whether or not such application is complete within twenty four (24) hours. Notwithstanding the City Manager's acceptance of a completed application, no Special Event date shall be considered confirmed until a Special Event Permit is issued. G. Information Reauired in ADDlication. Special Event Permit applications shall be upon a form furnished by or acceptable to the City Manager and shall contain full, complete, and detailed information including, but not limited to, the following: The name, address, and telephone number of the event organizer; 2. Except as provided in Section 12.12.010 for Expressive Activities, a certification that the event organizer shall be financially responsible for any City fees, departmental services charges or costs that may lawfully be imposed for the event; 3. The name, address, and telephone number of the event organizer, if any, and the chief officer of the event organizer; RJOrds 2009/Ords 09-06 ' 4. If the Special Event is to be held by, on behalf of, or for any organization other than the event organizer, the event organizer shall file a written communication from such organization: a. Authorizing the event organizer to apply for the Special Event Permit on its behalf; and b. Certifying that the event organizer and its principal shall be financially responsible for any City fees, departmental services charges or costs that may lawfully be imposed for the event; 5. A copy of the tax exemption letter issued for any applicant claiming to be a tax exempt nonprofit organization; 6. A statement of the purpose of the Special Event; 7. A statement of any fees to be charged to participants or spectators in connection with the Special Event; 8. The proposed location of the Special Event including a plot plan depicting the placement of temporary structures or facilities on public property or public rights-of-way; 9. The date and times when the Special Event is to be conducted; I10. The approximate times when assembly for, and disbanding of, the Special Event is to take place; 11. The proposed locations of the assembly or production area; 12. In the case of a parade, marathon, or other similar event, the specific proposed site or route, including a map and written narrative of the route; 13. The proposed location for any disbanding area; 14. Proposed alternate routes, locations, or times, where applicable; 15. The approximate number of persons, animals, or vehicles that will participate in the Special Event; 16. The kinds of animals anticipated to be part of the Special Event; 17. A description of the types of vehicles to be used in the Special Event; 18. The number of bands or other musical units and the nature of any equipment to be used to produce sounds or noise; I19. Other equipment or services necessary to conduct the Special Event with due regard for participant and public health and safety; RJOrds 2009/Ords 09-06 8 20. The number of persons proposed or required to monitor or facilitate the Special Event and provide spectator or participant control and direction for events using City streets, sidewalks, or facilities; 21. Provisions for first aid or emergency medical services, or both, based upon event risk factors; 22. Except as provided in Section 12.12.010 for Expressive Activities, insurance information; 23. Any special or unusual requirements that may be imposed or created by virtue of the proposed event activity; 24. Any other information reasonably required by the City Manager. 12.12.060 Special Events Permit-Approval, Conditional Approval, Denial or Revocation by City Manager. A. Time for Decision. Completed applications for a permit authorizing a Special Event shall be denied, approved, or conditionally approved by the City Manager within thirty (30) days after the City Manager determines that the application is complete. Completed applications for a permit involving "expressive activity" as defined in this Chapter shall be denied, approved, or conditionally approved by the City Manager within five (5) business days after the City Manager determines that the application is complete. In the case of Special Event Permit involving expressive activity on a street, the City Manager shall promptly attempt to notify the applicant orally, and provide written notification to the applicant as soon as it is reasonably practical to do so. Such notice shall provide detailed facts and reasons for any denial or conditional approval. The City Manager shall consult with the City attorney before denying or conditionally approving a permit involving expressive activity (including all activities wherein the applicant claims or contends that the proposed event involves expressive activity) as that term is defined in this Chapter. B. Conditions of ADoroval. The City Manager may approve any Special Event Permit with reasonable conditions concerning the time, place, or manner of holding such event as is necessary to coordinate multiple uses of public property, assure preservation of public property and public places, prevent dangerous, unlawful or impermissible uses, protect the safety of persons and property and to control vehicular and pedestrian traffic in and around the venue, provided that such requirements shall not be imposed in a manner that will unreasonably restrict expressive or other activity protected by the California or United States Constitutions. Conditions imposed by the City Manager may include, but are not limited to, the following: 1. The establishment of an assembly or disbanding area for a parade or similar event; 2. The accommodation of an event's pedestrian and vehicular traffic, including restricting events to City sidewalks, portions of a City street, or ' other public right-of-way; RJOrds 2009/Ords 09-06 ' 3. Conditions designed to avoid or lessen interference with public safety functions and/or emergency service access; 4. Limiting the number and type of vehicles, animals, or structures to be displayed or used in the event; 5. The inspection and approval by City personnel of stages, booths, floats, structures, vehicles, or equipment to be used or operated in the event to ensure that such structures or vehicles are safely constructed, can be safely operated, and conform to the requirements of all applicable codes; 6. A cleaning deposit if the event includes using structures, displaying or using horses or other large animals, operation of water stations, food distribution or sales, beverage distribution or sales, and/or sale of other goods or services; 7. The provision and use of traffic cones or barricades; 8. The provision or operation of first aid stations or sanitary facilities, including handicap accessible sanitary facilities; 9. The provision of a waste management plan, and the clean up and restoration of the site of the event; ' 10. Limits on the use of sound amplification equipment or restrictions on the amount of noise generated by motors and other equipment used in the course of the event; 11. Provision of reasonable notice of permit conditions to event participants and to those businesses or residents who may be directly affected by the conduct of the event; 12. The provision or use of emergency services; 13. The reasonable designation of alternate sites, times, dates, or modes for exercising expressive activity; 14. The obtaining of any and all business licenses or other necessary permits required by this code for the sale of food, beverage, or other goods or services at the event; and 15. The manner by which alcohol sales and service, if any, shall be conducted at the event. 16. Implementation of a Traffic Control Plan approved pursuant to Section 12.12.030E. ' C. Specific Grounds for Aooroval. The City Manager shall issue a permit under this Chapter if the City Manager finds that the following criteria have been met: RJOrds 2009/Ords 09-06 10 1. The proposed use of the property is not governed by or subject to ' any other permit procedures provided elsewhere in this code or other applicable laws, rules or regulations; 2. The event will not substantially interrupt the safe and orderly movement of aerial or marine navigation; 3. The event will not substantially interrupt public transportation or other vehicular and pedestrian traffic in the area of its location; 4. The event will not conflict with construction or development in the public right of way or at a public facility; 5. The event will not require the diversion of public safety or other City employees from their normal duties so as to unreasonably reduce adequate levels of service to any other portion of the City; 6. The concentration of persons, animals or vehicles will not unreasonably interfere with the movement of police, fire, ambulance, and other public safety or emergency vehicles on the streets; 7. The event will not unreasonably interfere with any other Special Event for which a permit has already been granted or with the provision of City services in support of other scheduled events or scheduled government functions; 8. The event will not have an unmitigatible adverse impact upon residential or business access and traffic circulation in the same general venue area; 9. The event will not adversely affect the City's ability to reasonably perform municipal functions or furnish City services; 10. The proposed use, event or activity will not have a significant adverse environmental impact; 11. That in the case of a block party or other similar neighborhood event, the applicants have submitted a petition in favor of the event which has been signed by individuals representing at least sixty six percent (66%) of the households on the block affected by the permit; 12. That the provisions of sections 12.12.070 and 12.12.080, if applicable, have been or will be satisfied. D. Specific Grounds for Denial. The City Manager may deny any application for a Special Event Permit or revoke any such permit if the City Manager finds any of the following: ' 1. The permitted event or activity will unreasonably disrupt traffic within the City; or RJOrds 2009/Ords 09-06 11 ' 2. The permitted event or activity will unreasonably interfere with access to police or fire stations, or other public safety facilities; or 3. The location of the event or activity will cause undue hardship to adjacent businesses or residents; or 4. The permitted event or activity will require the diversion of so many public employees that allowing the event would unreasonably deny service to the remainder of the City; or 5. The application contains incomplete, false or misleading information; or 6. The City Manager is unable to make all of the relevant findings pursuant to subsection 12.12.060C; or 7. The applicant fails to comply with all terms of this Chapter including failure to remit all fees and deposits, or fails to provide proof of insurance and/or an indemnification agreement as required by this Chapter; or 8. The event is proposed for a time and place for which another event permit has been or will be issued to a prior applicant; or ' 9. The proposed area for the assembly or for the set up or dispersal of a parade or demonstration could not physically accommodate the number of participants expected to participate in the assembly, parade or demonstration; or 10. The parade, assembly or demonstration is proposed to take place on the roadway portion of any street in a commercial or retail zone between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) A.M. or between the hours of four o'clock (4:00) P.M. and six thirty o'clock (6:30) P.M., Monday through Friday, unless the parade, assembly or demonstration will occur on a national holiday; or 11. The parade, assembly or demonstration will violate any federal, state or local law or regulation; or 12. The applicant is legally incompetent to contract or to sue and be sued; or 13. The applicant or the person or entity on whose behalf the application for permit was made has on prior occasions damaged City property and has not paid in full for such damage, or has other outstanding and unpaid debts to the City; or 14. The proposed event would present an unreasonable danger to the ' health or safety of the applicant, spectators, City employees, or members of the public; or R:/Ords 2009/Ords 09-06 12 15. The applicant has not complied or cannot comply with applicable ' licensure requirements, ordinances or regulations of the City concerning the sale, offering for sale, or distribution of any goods or services. E. No Consideration of Content. In determining whether to approve, deny, or revoke a Special Event Permit for an event involving expressive activity, no consideration may be given to the message of the event, the content of the speech, the identity or associational relationships of the event organizer or its members or affiliates, or to any assumptions or predictions as to the amount of hostility which may be aroused in the public by the content of the speech or the message conveyed during the event. F. Referral to Citv Deoartments. The City Manager may refer a Special Event Permit application to such appropriate City departments as the City Manager deems necessary from the nature of the application for review, evaluation, investigation, and recommendations by the departments regarding approval or disapproval of the application. G. False or Misleadina Statements. The City Manager may deny any application for a permit or revoke any permit if the City Manager determines that the event sponsor or any agent, employee or associate of any such event organizer has willfully made any false or misleading statement in an application or has not fully complied with the requirements of this Chapter or has violated any of the provisions of this Chapter or the provisions of any other applicable law, rule or regulation. ' H. Notice of Decision. An event organizer whose permit application is denied, or whose permit is revoked, pursuant to this section shall be immediately notified of the action of denial or revocation, which notification shall contain a statement setting forth the reasons for said denial or revocation as well as a reference to the appeal provisions set forth in section 12.12.140. Notification, pursuant to this subsection, shall be deemed satisfied when the notice is placed, postage prepaid, in the United States mail, certified mail, return receipt requested, and addressed to the applicant at the address shown on the permit application. I. Term of Permit. No Special Event Permit issued under this Chapter shall be for a period of more than two (2) consecutive days except as otherwise provided in this code. Notwithstanding the foregoing, the City Manager shall, upon timely application by a permittee, extend the duration of any Special Event Permit for one additional period of not more than three (3) consecutive days if the City Manager finds that all criteria set forth in subsection 12.12.050.J are being met and will continue to be met during the period of term extension. 12.12.070 Indemnification and Insurance. A. Not Aoolicable to Expressive Activities. The provisions of this Section shall not be applicable to expressive activities as specifically provided in Section 12.12.010. B. Indemnification Required. Except as otherwise provided in this section, each permit shall expressly provide that the permittee agrees to defend, protect, indemnify ' and hold the City, Temecula Community Services District, Redevelopment Agency of the City of Temecula and their officers, employees, volunteers and agents ('Indemnified Parties") free and harmless from and against any and all claims, damages, expenses, R:/Ords 2009/Ords 0906 13 ' loss or liability of any kind or nature whatsoever arising out of, or resulting from, the alleged acts or omissions of permittee, its officers, agents or employees in connection with the permitted event or activity; and the permit shall expressly provide that the permittee shall, at permittee's own cost, risk and expense, defend any and all claims or legal actions that may be commenced or filed against the Indemnified Parties, and that permittee shall pay any settlement entered into and shall satisfy any judgment that may be rendered against the City, its officers, agents or employees as a result of the alleged acts or omissions of permittee or permittee's officers, agents or employees in connection with the uses, events or activities under the permit. C. Insurance Required. Except as otherwise provided in this section, concurrent with the issuance of a permit under this Chapter and as a condition precedent to the effectiveness of the permit, the permittee shall procure and maintain in full force and effect during the term of the permit insurance as prescribed in regulations issued by the City Manager. If the City Manager determines, after consultation with the City's risk manager and the City attorney, that a particular Special Event does not present a substantial or significant public liability or property damage exposure for the Indemnified Parties, the City Manager shall give a written waiver of some or all insurance requirements of this section. D. Block Parties. The applicant for a Special Event Permit for a block party shall not be required to indemnify the City for potential injuries that may occur at the block party. The applicant for the Special Event Permit for a block party shall, however, be required to provide the insurance required by this Section through his or her own purchase of ' such a policy or through the payment of a fee for special City-provided insurance. 12.12.080 Departmental services charge A. Not ADDlicable to Expressive Activities. The provisions of this Section shall not be applicable to expressive activities as specifically provided in Section 12.12.010. B. Aoolicant to Pav for Departmental Charaes. In addition to the payment of the nonrefundable permit application fee or daily fee, a Special Event permittee shall pay the City for all City departmental services charges incurred in connection with or due to the permittee's activities under the permit. Additionally, if City property is destroyed or damaged by reason of permittee's Special Event, the permittee shall reimburse the City for the actual replacement or repair cost of the destroyed or damaged property. D. Time for Final Citv Invoices. City departments shall submit the final invoices and billings for departmental services charges to the City Manager or no later than twenty (20) business days after the event giving rise to the issuance of a permit. E. Citv's Co-Soonsorshio of a Special Event. The City Council shall decide whether the City will cosponsor a Special Event and, if so, the extent to which the City will participate in the funding of the costs of the event, fees, or department service fees based on the following factors: (1) advertisement and promotion of the City in a positive light; (2) encouragement of visitors and customers to the City or to a portion of the City; (3) recreational, cultural and educational opportunities for persons in the City; and (4) ' and similar public purposes. If the Council decides to cosponsor a Special Event, it shall enter into a sponsorship agreement with the permittee describing the City's contributions in addition to the Special Event Permit. RJOrds 200910rds 09-06 14 ' F. Time for Pavment of Deposit and Citv Department Service Charaes. Unless otherwise authorized by the City Manager in writing, at least three (3) days prior to a Special Event Permitted under this Chapter, the applicant shall pay to the City a deposit in an amount sufficient to cover the total estimated City departmental services charges that the City Manager estimates will be incurred in connection with the permit. Said deposit shall be paid in cash or other adequate security as determined by the City Manager. If the deposit is less than the final charges calculated pursuant to section 12.12.100, the permittee shall pay the difference to the City within ten (10) working days of being invoiced for such charges from the City. If the deposit is more than such final charges, the City shall refund the difference to the permittee within the sixty (60) days after the event. 12.12.090 Refunds. If a permittee is unable to hold or conduct a Special Event due to inclement weather or some other cause not within the permittee's control, and the permittee submits a written request for the refund of such fees to the City Manager's office within ten (10) days after the date that the use, event or activity was to have been held or conducted, the City Manager may authorize the refund of the fees or a pro rata portion thereof, except for actual costs incurred by the City at the time of cancellation and the nonrefundable application fees, which have been paid by the permittee to the City in connection with a permit issued under this Chapter. 12.12.100 Interfering with activity prohibited. ' It is unlawful for any person to obstruct, impede or interfere with any authorized assembly, person, vehicle or animal participating in a Special Event for which a Special Event Permit has been issued. 12.12.110 Penalty for violation. Violation of the provisions of this Chapter may be enforced pursuant to the enforcement provisions set forth in Title 1 of this code. 12.12.120 Appeals. A. Except as provided in this Chapter, any person aggrieved by any decision of the City Manager made pursuant to this Chapter may appeal such decision to the City council by filing a written notice of such appeal with the City clerk within ten (10) business days of the decision of the City Manager giving rise to said appeal. Such appeal shall set forth, with particularity, the facts upon which the appeal is being made. The City council shall, within sixty (60) days of receiving such notice of appeal, hold a hearing. At such hearing, the aggrieved party is entitled to be heard and present evidence on his/her behalf. The City council shall determine the merits of the appeal, and the City council's determination to grant or deny the appeal shall be final. When the necessity for a timely response so requires, the City council may refer to the matter to a hearing officer. ' B. Alternatively to the provisions of subsection 12.12.050.E, any applicant for a Special Event Permit who is engaging in or intends to engage in "expressive activity" as defined in this Chapter and who is aggrieved by decision of the City Manager made RJOrds 200910rds 09-06 15 pursuant to this Chapter may, at his/her accordance with this section. However, any by necessity, involve the postponement or sought. 12.12.130 Rules and regulations. election, appeal to the City council in appeal taken pursuant to this section may, delay of the activity for which a permit is The City Manager is authorized to promulgate additional policies, rules and regulations that are consistent with and that further the provisions set forth within this Chapter and the provisions of law that pertain to the conduct and operation of a Special Event. 12.12.140 Unlawful to use City name without authorization. It is unlawful for any event organizer to use in the title of the event the words "The City of Temecula" or "City of Temecula", or facsimile of the seal or logo of the City of Temecula without City Council's prior written authorization." Section 2. Section 17.04.020 A. of the Temecula Municipal Code is hereby amended to read as follows: "A. Purpose and Intent. 1. The provisions of this Chapter shall govern special events and temporary uses on private property. Special events on public property ' shall be governed by Chapter 12.12 of the Temecula Municipal Code, Parades and Special Events on Public Property. 2. The temporary use permit allows for short-term activities, typically less than one year in duration, which may be appropriate when regulated. Some activities associated with a master temporary use permit for automobile and truck dealerships may exceed one year in duration." Section 3. Procedural Findinas The City Council of the City of Temecula does hereby find, determine and declare that: A. This Ordinance was processed and an environmental review was conducted as required by the California Environmental Quality Act and the Temecula Municipal Code. B. The Planning Commission of the City of Temecula held a duly noticed public hearing on March 18, 2009, to consider the proposed amendments at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to the matter. C. Following consideration of the entire record of information received at the public hearing and due consideration of the proposed amendments, the Planning Commission adopted Resolution No. 09-06, recommending that the City Council approve the proposed amendments to Titles 12 17 of the City of Temecula Municipal Code. ' D. On July 28, 2009, the City Council of the City of Temecula held a study session on the Ordinance at which time members of the public had the opportunity to comment on the Ordinance. R:/Ords 2009/Ords 09-06 16 E. On August 11, 2009, the City Council of the City of Temecula held a duly noticed public hearing on the Ordinance at which time all persons interested in the Ordinance had the opportunity to and did address the City Council on Ordinance and the matters set forth therein and following receipt of all public testimony closed the hearing. Section 4. Environmental Findinas. The City Council hereby makes the following environmental findings and determinations in connection with the approval of this Ordinance (the "Project"): A. Although exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Section 15323 of the State CEQA Guidelines as the regulation of on-going, normal activities on existing City streets and parks, City staff prepared an Initial Study of the potential environmental effects of the approval of the Project. Based upon the findings contained in that Study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Negative Declaration was prepared. B. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Negative Declaration as required by law. The public comment period commenced on March 2, 2009 and expired on April 16, 2009. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 43200 Business Park Drive, Temecula, California 92589. C. The City Council has reviewed the Negative Declaration and all comments received regarding the Negative Declaration prior to and at the August 11, 2009 public hearing, and based on the whole record before it, finds that: (1) the Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) the Negative Declaration reflects the independent judgment and analysis of the City Council. D. Based on the findings set forth in this Resolution, the City Council hereby adopts the Negative Declaration prepared for the Project. Section 5. If any portion, provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining portions, provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect and shall be interpreted by the court so as to give effect to such remaining portions of the Ordinance. Section 6. The City Clerk shall certify to the adoption of this ordinance and cause the same to published as required by law. R:/Ords 2009/Ords 09-06 17 ' PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 25'" day of August, 2009. ( Maryann Edwards, Mayor ATTEST: Susan W. domes. MMC / [SEAL] RJOrds 2009/Ords 09-06 18 ' STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 09-06 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 11th day of August, 2009, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 25th day of August, 2009, by the following vote: AYES: 5 COUNCIL MEMBERS: Comerchero, Naggar, Roberts, Washington, Edwards NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None E Jones, MMC City Clerk RJOrds 2009/Ords 09-06 19