No person, business, or organization shall conduct Special Events – Christmas Tree Lot and Pumpkin Patches without having first applied for and obtained a special event permit pursuant to this section.
.010 Exceptions. The following are not subject to a special event permit:
.0101 Traditional non-commercial holiday decorations; provided that the decorations do not contain advertising and comply with all applicable City Fire Codes.
.0102 The display of the flag of a nation, state, county or city or any official flag or banner of any bona fide religious or fraternal organization; provided, however, that no more than three such flags or banners shall be displayed at the same time at any single location within the City. The display of a business flag as defined in Section 18.44.030.085 may be permitted as one of the three flags subject to the provisions set forth in Section 18.44.065 (Business Flag) of Chapter 18.44 (Signs).
.0103 Private occasional parties which are not open to the public.
.020 Location - Christmas tree lots and pumpkin patches may be allowed in any commercial zone, "T" (Transition) Zone or "I" (Industrial Zone).
.030 Duration - Christmas Tree Lots and Pumpkin Patches. The sale or disposition of Christmas trees or Halloween pumpkins shall expire on the 7th day of January of the year immediately following the Christmas or Halloween for which the permit was approved and issued. For lots that are solely used for pumpkin sales, the permit shall expire ten (10) business days after Halloween.
.040 Signs. One event sign may be permitted in conjunction with the Christmas tree lot or pumpkin patch and remain on the property for the duration of the special event.
.050 Equipment. There shall be maintained in each premises within which Christmas trees or Halloween pumpkins are sold or offered for sale a fire extinguisher in good order and condition and of a water type approved by the Chief of the Fire Department.
.060 Operator. A person of at least eighteen years of age shall be on duty at all times during the sale or disposition of Christmas trees or Halloween pumpkins and all sales shall be made from the premises.
.070 Site. The premises shall not be established until adequate parking has been provided for the use of the customers of such premises. Such parking provisions shall not result in the creation of dust conditions.
.080 Security. If guards or watchmen are provided for the purpose of watching Christmas trees or Halloween pumpkins on any premises, such guards or watchmen shall be at least eighteen years of age.
.090 Sanitation. Temporary sanitary facilities may be provided by the permittee for the use of guards, watchmen and other persons connected with the sale or disposition of such Christmas trees or Halloween pumpkins, remaining on the premises. Such sanitary facilities shall be subject to the approval of the Department of Public Works.
.100 Temporary Structures. Provisions may be made by the permittee for the placement of temporary structures, house trailers or tents on the premises for the use of the permittee or his agents. No such temporary structure, house trailer or tent shall be permitted on the premises unless the same shall have been expressly approved by the Building Division.
.110 Inspections. For Christmas tree lots and pumpkin patches, after the approval of said permit and upon the establishment of such premises, the Fire Department shall inspect said premises to insure said premises are in all respects in conformity with the provisions of Title 16 of the Anaheim Municipal Code. If the inspection reveals that said premises do not conform to the aforementioned provisions of the Anaheim Municipal Code, such premises shall not be operated for the purpose of the temporary sale or disposition of Christmas trees or Halloween pumpkins until such time as said premises do conform to such provisions.
.120 Clean Up Required. In order to insure that all areas used for Christmas tree lots and pumpkin patches are kept free and clear of all rubbish, waste matter and debris and are properly cleaned up and cleared of all such material at the termination of the amusement activity, every applicant for a permit shall pay a fee in an amount determined by resolution of the City Council for an inspection of the property at the termination of the activity. It shall be the responsibility of the property owner to ensure that the property is cleaned up after any event.
.130 Application for Permit. An application for a special event permit shall be filed on a form approved by the Planning Director. The application shall be filed with the Planning Department not less than fourteen (14) days prior to the opening date of any such event involving rides, games, booths, or similar amusement devices. An application for a permit involving only the display of any temporary signs, flags, banners, fixed balloons, trailers, Christmas tree lot or pumpkin patch or outdoor sales promotion shall be filed with the Planning Department at any time prior to said display.
.140 Issuance or Denial of Permit. If the Planning Department determines that all applicable provisions of the law and of the Anaheim Municipal Code, including the provisions of this section are, or will be, complied with, and that the granting of the permit will not be detrimental to the public health or safety, then a permit shall be issued; otherwise, the application shall be denied.
.150 Permit Fee. A fee may be charged per Chapter 18.80 (Fees); provided, however, that charitable, nonprofit organizations recognized as such by the State of California shall be exempt from payment of the fee except for carnivals, circuses, Christmas tree lots or pumpkin patches.
.160 Revocation of Permit. The Planning Director shall have the authority to revoke a special event permit if he or she finds and determines such action is in the public interest, safety or general welfare. A decision of the Planning Director may be appealed to the Planning Commission. Repeat violators of Special Event Permit requirements may be denied the issuance of future special event permits and may be subject to payment of community preservation inspection costs.
.170 Special Circumstances Waiver. The Planning Director shall have the authority to issue a special circumstances waiver to modify or waive any regulation contained in this section with regard to any specific application if the Planning Director finds and determines such modification or waiver would serve the public interest, safety or general welfare or that extraordinary circumstances are present.
.1701 Fees. Petitions for a special circumstances waiver shall be accompanied by the payment of a fee as set forth in Chapter 18.80 (Fees).
.1702 Time Period. The Planning Director shall render a decision on the petition for a special circumstances waiver within fourteen (14) days following receipt by the Planning Department of a complete application for review.
.1703 Notification. Upon rendering a decision with respect to a petition for a special circumstances waiver, the Planning Director shall notify the applicant and the City Clerk of such decision.
.1704 Decision. The decision of the Planning Director shall be final unless appealed pursuant to the provisions of Chapter 18.60 (Procedures).
.180 Penalty for Violations. Any violation of any provision of this chapter shall be an infraction punishable in accordance with applicable provisions of the California Penal Code. Failure of any permittee to conform to all applicable provisions of this chapter shall constitute sufficient grounds for denial of a subsequent permit under this chapter. (Ord. 6526 § 21; February 15, 2022.)