(a)   City Council findings on exemptions. The City Council makes the following findings regarding the need to exempt certain from paying a permit fee and submitting a permit application for or .
      (1)    conduct and sponsor several or , such as outdoor concerts, athletic competition, field trips and music events on a regular basis, including marching band events, sporting events with musical components, art festivals and student fund-raisers. A permit application and fee for each such event would adversely impact the events, which benefit the community as a whole, and, in most cases, would represent a transfer of public monies between governmental units without any corresponding benefit to the community.
      (2)    conduct worship services on a regular basis and many hold worship services outdoors with musical components. A permit application and fee for each worship service held on private property would adversely impact the events and would place a burden on the organization’s freedom of religion guarantees under the federal and state constitutions.
      (3)   The city, including, but not limited to, the Parks and Recreation Division, and other governmental agencies acting within the scope of their functions, sponsor many , including outdoor events with music components. Payment of permit fees for each such city sponsored event would adversely impact the events and would represent an internal transfer of public monies for no justifiable reason.
   (b)   Exemptions from permit fees. In light of the City Council findings, the following are exempt from the fee for a permit under this Division E for or , not including or :
      (1)    as herein defined conducting events on their own property or engaging in educational activities on public grounds under the immediate direction and supervision of proper authorities;
      (2)    as defined herein conducting outdoor worship services on private property;
      (3)   Holders of a city facility use permit or interim use permit for the planned event where the activities are limited to the authorized use set forth in that permit; and
      (4)   City sponsored events or events sponsored by other governmental agencies acting within the scope of their functions.
   (c)   Exemptions from permit application; registration. Those exempt from a permit fee in subsection (b) above shall not be required to complete a permit application. However, whenever amplified sound is a component of the event or the event may potentially interfere with the normal flow of traffic, the exempt must register with the issuing authority providing notice of the planned or at least five business days prior to the proposed event. The registration notice shall include the name and phone number of the sponsoring or conducting the event; the date and time of the event; the location of the event; a description of any sound amplification equipment, or other mechanical or electronic equipment to be used in connection with the event; and such other information as the issuing authority requires in the interest of the public health, safety and welfare.
   (d)   Responsibilities of exempt event sponsors. Those exempt from a permit fee and application in subsection (b) above are nonetheless subject to all applicable state laws and city code provisions, including without limitation regulations relating to: parks, open space and recreational areas (§§ 5.20 through 5.22.01); noise (§§ 10.29 through 10.32); sound trucks (§§ 10.33 through 10.36); trespass (§§ 12.07 through 12.12); public nuisance (§§ 12.02 through 12.06); juvenile curfew (§§ 12.27 through 12.33); vandalism (§ 12.34); transient merchant (§§ 14.180 through 14.192); tents (§ 19.63.06); and signs (§ 19.106) and may be required to pay the cost of any law enforcement services over and above the level of city services available with regular on-duty staffing that are directly attributable to their event. The city’s cost of repair, clean-up or replacement of city property, public grounds or facilities damaged as a direct result of the event shall also be recoverable from the exempt event sponsor, as well as any city liability to third parties resulting from the exempt event.
(Ord. 96-27, passed 7-1-1996; Ord. 2008-17, passed 5-19-2008; Ord. 2017-20, passed 6-26-2017)