173 ORDINANCE NO. 173
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GRAND TERRACE SETTING FORTH RULES AND
REGULATIONS WITH REGARD TO SPECIAL EVENTS
WHEREAS, the City Council for the City of Grand Terrace desires to enact certain rules
and regulations related to all types of special events which may occur within the City; and
WHEREAS, the present Chapter 5.6 only addresses those events catagorized as out-door
festivals; and
NOW, THEREFORE, IT IS HEREBY ORDAINED AS FOLLOWS:
1. Chapter 5.6 of the Grand Terrace Municipal Code is hereby repealed in its
entirety.
2. Chapter 8.50, SPECIAL EVENTS is hereby added to the Grand Terrace
Municipal Code as follows:
8.50.010 Street permit. All street events, including parades, processions,
assemblages and other events, including, but not limited to marathons, bike-a-thons, triathalons
and other such uses of the public streets, highways, thoroughfares, rights-of-way and other
public property which are also utilized by motor vehicles, constitute traffic hazards and a threat
to the public safety and are prohibited unless a properly issued street permit has first been
obtained.
8.50.020 Special events permit. All special events occurring on property within
the City, other than that property specified in Section 8.50.010 of this code, shall be prohibited
unless a properly issued special events permit has first been obtained. As hereinafter mentioned
in this chapter, "special events" means any assembly, congregation, attraction, display,
entertainment, demonstration, carnival, bazaar, circus, rodeo, or other traveling show, fair,
festival, food faire, cook-off, dance, concert or performance, or any other planned occurrence
that may attract a large number of people or which may otherwise become a hazard to the public
peace, health, safety or general welfare.
8.50.025 Aerial activity prohibited. Notwithstanding any other provision of this
chapter, no person shall conduct, promote, organize, stage, participate or exhibit any aerial
activity in or over the City limits. "Aerial activities" include, but are not limited to, aircraft,
balloons, parachutes, skydiving, hanggliders, or other device or contrivance so constructed that
will carry a person on wind or air, by human power, and/or motor. Specifically exempted from
this prohibition are aerial activities completely preempted by the federal government.
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8.50.030 Permit and appeal processing. All applications for street or special
events permits must be on file with the City sixty days before the scheduled event unless a
waiver is granted by the City council. Notwithstanding the foregoing, the City may waive the
time limits contained herein for noncommercial activity involving freedom of speech, whenever
necessary to protect First Amendment rights. The City shall either approve or deny the
application within thirty days of the date the completed application is filed. The applicant shall
thereafter have five days to file an appeal with the City council in the event of denial. All
appeals shall be in writing and list all grounds upon which the appeal is based, Any member of
the City council may also appeal any decision of the City . The City council may, by resolution,
set appropriate fees for the filing of applications or appeals.
8.50.040 Street permit application. All applications for a street permit shall be
on a form provided by the City and shall provide the information necessary for staff to make
their recommendations to the City . Said form shall provide for at least the following
information:
(1) The applicant's identity and the identity of a responsible natural person that will
serve as the City's primary interface for communications. If the application is made by a
partnership, the names and addresses of the partners shall appear. Where the applicant is a
corporation, the application shall be signed by the president and secretary of such corporation
and shall contain the addresses of such corporate officers, and a certified copy of the articles of
incorporation shall be submitted with the application. The name, date of birth, driver's license
number, resident and mailing address of the responsible natural person shall be included. When
the applicant intends to utilize a professional event-organizer, the City shall have the discretion
to require all or some of the information required by this section for either or both,
(2) The route of the event shall be provided on a diagram and shall show the starting
point and terminus;
(3) Staging and parking areas shall be identified;
(4) A description of the type of event will be provided;
(5) The expected number of participants, assistants, workers and spectators will be
provided;
(6) All security and directional devices proposed to be employed shall be identified.
The level and type of security and personnel shall be at the sole discretion of the Sheriff's
Department;
(7) Water and sanitation facilities to be provided shall be identified.
8.50.050 Street permit conditions. Street permits will be issued conditionally
whenever the public health and safety so require. Conditions that may be imposed in such permit
include, but are not limited to, the following:
(1) That the event only proceed along a designated route and only within certain
designated parameters:
(2) That the permittee provide certain security or traffic directional measures for the
event;
(3) That the permittee provide for the sanitation, trash disposal and or water needs
of all participants, assistants, workers and spectators,
(4) That an appropriate cash deposit or bond be posted with the City to compensate
it for any special services that may be required, including but not limited to, police, fire, traffic
control and cleanup; provided that with respect to constitutionally protected noncommercial
parades and demonstrations, no police fees shall be charged other than for traffic control. All
charges shall be based on the hourly rate of all employees expected to be required to perform
services during the event and shall contain an administrative charge to cover the support services
incurred as a result of the event, The permittee shall post said deposit or bond at least fourteen
days before the event. The permittee shall be given an accounting of all charges within a
reasonable time after the event, and a refund if due.
8.50.060 Special event permit application. All applications for a special event
permit shall be on a form provided by the City, and shall provide the information necessary for
staff to make their recommendations to the City . Said form shall provide at least the following
in formation:
(1) The applicant's identity, and the identity of a responsible natural person that will
serve as the City's primary interface for communications. If the application is made by a
partnership, the names and addresses of the partners shall appear. Where the applicant is a
corporation, the application shall be signed by the president and secretary of such corporation
and shall contain the addresses of such corporate officers, and a certified copy of the articles of
incorporation shall be submitted with the application. The name, date of birth, driver's license
number, residence and mailing address of the responsible natural person shall also be included.
When the applicant intends to utilize a professional event-organizer, the City shall have the
discretion to require all or some of the information required by this section for either or both,
(2) The address or legal description of the place where the proposed special event is
to be conducted, operated or carried on. Additionally, the applicant shall submit proof of
ownership of the place where the special event is to be conducted or a written statement of the
owner of the premises indicating his consent that the site be used for the proposed special event.
(3) The date or dates and the hours during which the special event is to be conducted;
(4) A list of all employees of the applicant that will be working within the City limits
prior to and during the event. The list shall include a current residence address, date of birth,
driver's license number, and a current photo of each employee. No employees may be added
unless the Sheriff's Department has had an opportunity to investigate the proposed employee;
(5) A statement as to whether or not the applicant has been convicted of any felony,
misdemeanor, municipal ordinance or other crime, the nature of the offense, and the penalty or
punishment assessed therefor;
(6) If the special event will involve rides or other concessions that are operated by
independent contractors, the information required by this section will be required for each
independent contractor/concessionaire;
(7) A detailed written explanation of the applicant's plan to provide security, fire
protection, water supplies and facilities, food supplies and facilities, sanitation facilities, vehicle
access, parking spaces and on-site traffic control, and provisions for cleanup of the premises.
A dimension site plan shall be submitted setting forth the location of the above items and the
details of Section 8.50.070. The level and type of security and personnel shall be at the sole
discretion of the Sheriff's Department.
8.50.070 Special event plan requirements. The dimensioned plan shall be in
compliance with, and set forth the details of the following:
(1) Location of rides and their type, games, concessions, fire extinguishers, waste
disposal and sanitation facilities, tents and awnings, generators and fuel storage, food service
booths and methods of cooking, and fire vehicle access ways;
(2) A minimum of one eight-foot aisle way shall be provided between rides, games,
concessions, waste and sanitation facilities,
(3) One twenty-four-foot fire lane shall be provided within one hundred fifty feet of
the most remote event.
8.50.080 Special event conditions. All special events shall be conducted in
accordance with the following conditions:
(1) Exits, aisles, ramps, corridors and passageways shall not be blocked nor have
their required width obstructed in any manner by ticket offices, turnstiles, concessions, chairs,
equipment or persons.
(2) All combustible waste material and rubbish shall be stored in approved containers.
(3) Each ride, game and concession shall provide a minimum of to thirty-gallon metal
trash containers, and one special dumpster shall be located on site.
(4) The applicant shall clear the carnival area and adjacent streets of trash and debris
each evening after closing of the activity.
(5) All trash, debris, garage and special dumpsters shall be remove within twenty-four
hours of closing of the event.
(6) One 2A-1OBC fire extinguisher shall be provided at every ride and every food
service booth where cooking is conducted. Travel distance shall not exceed seventy-five feet
to any extinguisher located within the special event.
(7) All cooking shall be by means of natural gas, liquid petroleum gas, or electricity.
No liquid fuel will be permitted. Changeover of fuel cylinders is not permitted when any open
flame device is still operating within twenty feet of refueling area. Additional fuel cylinders
shall be stored in an area designated by the fire department.
(8) Copies of State Fire Marshall approved certificates of flame retardance shall be
provided for all tents, awnings, hangings and covers with overhangs.
(9) Copies of the annual state certification verifying that each ride meets all
requirements of the State Industrial Safety Division shall be provided. All rides shall be marked
with the current CAL-OSHA color-coded seal. All rides shall be assembled and stabilized in
a manner approved by CAL-OSHA.
(10) An electrical permit shall be secured for any temporary electrical usage at the site.
All electrical shall comply with the provisions of the National Electrical Code. Fuel storage for
generators shall be located a minimum of seventy-five feet from the public area. Generator fuel
shall be stored in approved safety cans; maximum capacity five gallons.
8.50.090 Inspection of games, rides and food concessions. At least one day prior
to the opening of the special event, representatives of the City shall inspect the games, rides and
concessions, and said inspections may be made at any time thereafter. It shall be the applicant's
responsibility to coordinate inspections with all appropriate departments so that timely
inspections are performed.
(1) Inspection of rides and installations regulated by the National Electrical Code shall
A dimension site plan shall be submitted setting forth the location of the above items and the
details of Section 8.50.070. The level and type of security and personnel shall be at the sole
discretion of the Sheriff's Department.
be the responsibility of the building department.
(2) Inspection of fire-protection devices, public assembly areas, emergency vehicular
access, cooking and heating devices, flame retardancy and fuel storage shall be the responsibility
of the fire department.
(3) Inspection of the games shall be the responsibility of the police department.
(4) Food service and sanitary facilities shall be the responsibility of the County Health
Department. The applicant shall secure appropriate permits from the County therefor.
8.50.100 Authority for violations. Notwithstanding any approval given pursuant
to this chapter, any County Sheriff, fire official or building official is hereby granted the
authority to stop or prevent any immediate threat to the public health or safety, including the
right to issue a cease and desist order for all or any part of the special event or any special
event.
8.50.110 Investigation of application. Upon receipt of a complete application and
the application fee, the business license department shall refer same to concerned departments
of the City, including, but not limited to the City Attorney, Sheriff's Department, County Fire
Department, planning department, building and safety department, public works department and
the county health officer, who shall investigate the application and report in writing to the City
within fifteen days, with appropriate recommendations relating to their official functions as to
the granting of a permit and the establishment of special conditions therefor.
8.50.120 Investigation of applicant. An applicant shall be prima facie disqualified
for a permit under this chapter if he has been convicted of a felony. The applicant may also be
prima facie disqualified if a professional event-organizer or any proposed employee has been
convicted of a felony. As used in this chapter, the term "conviction" includes a plea of guilty.
The Sheriff's Department is specifically authorized to obtain state summary criminal history
record information as provided for in Section II 105 of the Penal Code of the State. The
Sheriff's Department shall disqualify the applicant, without a hearing by the City and without
further proceedings, if it is determined that the applicant has been convicted or had entered a
plea of guilty to a felony. An applicant who is thus prima facie disqualified for a permit may
make an appeal in writing to the City . The City shall consider any mitigating factors such as,
but not limited to, evidence of rehabilitation, length of time elapsed since such conviction, the
age of the person at the time of the conviction, contributing social or environmental conditions
surrounding the conduct, and whether the conviction is unrelated to the permit or license.
8.50.130 Insurance, indemnification and bonds. (a) The applicant shall submit
proof of personal injury and property damage insurance of the combined limits of one million
dollars. Such insurance shall provide coverage and be placed with a company with a rating
approved by the City attorney. The City and its officers, agents and employees shall be named
as additional insureds on said policy and the City shall be provided with a certificate of
insurance evidencing this fact. Both the applicant and any independent contractors shall also
provide copies of their worker's compensation certificates for all employees.
(b) The applicant shall also agree to indemnify the City, its officers and employees
from any claim or liability arising out of the street or special event.
(c) The applicant shall also post such cash deposit or bonds to protect the City from
n of the Sheriff's Department.
costs incurred by it for employee and other costs related to safety, security, traffic control,
sanitation and other matters. The City shall determine the amount of the bond after receiving
the department's estimates with respect to estimated City costs. Any part of the bond not
necessary to reimburse the City for its costs shall be refunded to the applicant after the event is
over and an accounting available.
8.50.140 Business license tax. All applicants and others required to pay a business
tax for the privilege of engaging in business within this City shall also pay said tax in addition
to any fees provided for herein.
8.50.150 Waivers. (a)Notwithstanding any provision of this chapter to the contrary,
any requirement of this chapter that may conflict with overriding noncommercial First
Amendment protected activity shall be waived, when legally required.
(b) The provisions of this chapter may also be waived for nonprofit corporations that
are engaged in charitable or public benefit purposes whenever those purposes benefit the City
or its citizens. The insurance and indemnification provisions of this chapter shall not be waived
pursuant to this chapter.
8.50.160 Approval or denial. (a) The City , after consulting with the chief of
police, fire chief, director of public works, director of planning/building, City attorney and any
other staff person deemed appropriate, shall deny the application if the City finds:
(1) That the application is incomplete;
(2) That the applicant has made a false, fraudulent or misleading statement of a
_ material fact in the application;
(3) That the applicant has been convicted of a felony;
(4) That the applicant has failed to meet the conditions imposed by this chapter;
(5) That the safety, health or public welfare of the citizens would be endangered by
the granting of the permit.
(b) Additionally, the permit may be denied, or the proposed employee disqualified
from working at the special event, if the applicant, professional event-organizer, or proposed
employee has been convicted of any crime involving moral turpitude, substance/drug abuse,
sexual conduct, or physical assault. In all other instances the permit shall be granted subject to
such related conditions as may be imposed to further the purposes of this chapter.
8.50.170 Penalty. Any person violating or failing to comply with any of the
provisions of this chapter shall be guilty of a misdemeanor and shall be punished by a fine of
not to exceed five hundred dollars, or by imprisonment not to exceed six months, or by both
such fine and imprisonment. Each such person shall be guilty of a separate offense for each and
every day during any portion of which any violation of the provisions of this chapter is
committed. Violators may include not only those persons staging the street or special event but
any person knowingly participating in the event after being advised of its illegality.
th a company with a rating
approved by the City attorney. The City and its officers, agents and employees shall be named
as additional insureds on said policy and the City shall be provided with a certificate of
insurance evidencing this fact. Both the applicant and any independent contractors shall also
provide copies of their worker's compensation certificates for all employees.
(b) The applicant shall also agree to indemnify the City, its officers and employees
from any claim or liability arising out of the street or special event.
(c) The applicant shall also post such cash deposit or bonds to protect the City from
n of the Sheriff's Department.
PASSED, APPROVED, and ADOPTED this lath day of July , 1997.
ATTEST:
7/t/tA(1
City Clerk May
APPROVED:
ity Attorney
eof and of the City Council thereof
I,BRENDA STANFILL, City Clerk of the City of Grand Terrace, California, do hereby
certify that the foregoing Ordinance was introduced and adopted at a regular meeting on the City
Council of the City of Grand Terrace held on the 22nd day of May, 1997, by the following vote:
AYES: Councilmembers Hilkey, Singley, and Garcia; Mayor Pro Tem
Buchanan; Mayor Matteson
NOES: None
ABSENT: None
ABSTAIN: None
' /A-of—g7Plpi. �
Brenda Stanfill
City Clerk
Approved as to form:
1 NEAL
John Harper fp
City Attorney
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12
ORDINANCE NO. 173
I, BRENDA STANFILL, CITY CLERK of the City of Grand Terrace, do hereby
certify that the foregoing Ordinance was introduced and adopted at a regular meeting
of the City Council of the City of Grand Terrace held on the 10th day of July, 1997
by the following vote:
AYES: Councilmembers Hilkey, Singley, and Garcia; Mayor Pro Tem
Buchanan; Mayor Matteson
NOES: None
ABSENT: None
ABSTAIN: None
(/64,44-4- 64eUni-a. -
City Clerk
Approved as to form:
City Attorney
None
ABSENT: None
ABSTAIN: None
' /A-of—g7Plpi. �
Brenda Stanfill
City Clerk
Approved as to form:
1 NEAL
John Harper fp
City Attorney
PM:LM:lm
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12