14.55.090 Action on permit application - Time for taking action.

   Upon the receipt of a completed application for a permit authorizing an athletic event, the director shall approve or deny the application not later than the fifteenth city business day after the date the application was filed.

(Ord. 2275, Ord. 2364 §197)

14.55.100 Action on permit application - Approval and issuance of permit.

   When the director determines that a completed application has been filed for a permit for an athletic event and that there are no grounds for denying such permit, the director shall approve the permit subject to all the general conditions required by this chapter, plus any special conditions authorized by this chapter and determined by the director to be applicable to the event. Upon approving an application for a permit, the director shall promptly cause a notice of such action to be served on the applicant and provide copies of the notice to the city manager, chief of police and fire chief. The director shall issue a permit authorizing the event to the person or organization designated as the applicant on the application after the applicant has executed an indemnification agreement, provided proof of insurance coverage and paid a traffic control fee, all as required by this chapter as conditions precedent to the issuance of permit for an athletic event.

(Ord. 2275, Ord. 2364 §198)   

14.55.110 Action on permit application - Denial of permit.

   A.   Grounds for Denial. The director shall deny an application for a permit if the director determines that:

      1.   The application is incomplete;

      2.   The information contained in the application is false in any material respect;

      3.   An application for another event to be held on the same date and in the same location as requested by the applicant has been previously approved or has been previously filed and may be approved.

      4.   A license, franchise or other permit has previously been granted to another person for the use of the same location on the same date;

      5.   The location or concentration of participants at the site of the event or at the site of an assembly or disbanding area around the event will prevent proper police, fire or ambulance services to the event or areas contiguous to the event; or

      6.   The location of the event will substantially interfere with construction or maintenance work previously scheduled to take place on or along the city street, sidewalk or other public right-of-way to be occupied by the event.

   B.   Notice of Denial. If the director denies an application for a permit, the director shall promptly serve a notice of that determination on the applicant and shall provide copies of such notice to the city manager, city attorney, chief of police and fire chief. The notice shall set forth, with particularity, the reasons for the denial.

(Ord. 2275, Ord. 2364 §199)

14.55.120 Appeals.

   A.   The denial of an application for an athletic event permit may be appealed to the city manager by filing a written notice of appeal no later than the third city business day after which the director has served a notice of the denial of the permit on the applicant.

   B.   Appeals shall be filed on a form prescribed by the director and shall state the specific grounds for the appeal.

   C.   The city manager shall decide each appeal no later than the third city business day after the appeal is filed.

   D.   The decision of the city manager on an appeal shall be final.

(Ord. 2275, Ord. 2364 §200)

14.55.130 General permit conditions - Liability insurance.

   Prior to issuance of a permit, the permit applicant shall obtain public liability insurance from an insurance company licensed to do business in the state of California and having a financial rating in Best’s Insurance Guide of at least “B” which provides insurance coverage against liabilities for death, personal injury or property damage arising out of or in any way connected with such event. Such insurance shall be in a form approved by the city’s risk manager, shall be in the amount of at least $1,000,000.00 combined single limit, and shall name the city and the city’s officer’s, employees and agents as additional insureds under the coverage afforded. In addition, such insurance shall be primary and noncontributing with respect to any other insurance available to city and shall include a severability of interest (cross-liability) clause. Proof of such insurance, in a form approved by the city’s risk manager, shall be filed with the director prior to the issuance of the permit and such insurance shall be maintained in full force and effect throughout the course of the event authorized by such permit.

(Ord. 2275, Ord. 2364 §201)

14.55.140 General permit conditions - Indemnification agreement.

   Prior to issuance of a permit, the applicant or sponsor for an athletic event permit must sign an agreement to reimburse the city for any costs incurred by it in repairing damage to city property which results from the actions of those sponsoring the event or participants in the event and to defend the city against and indemnify and hold the city harmless from any liability to any person which results from the actions of those sponsoring the event or participating in the event.

(Ord. 2275)

14.55.150 General permit conditions - Traffic control fee.

   Prior to the issuance of a permit, the permittee shall pay to the city a traffic control fee in an amount equal to the city’s total estimated costs for providing personnel and materials including, but not limited to, police department personnel necessary to control and monitor pedestrian and vehicular traffic in and around the site of the event. The traffic control fee shall be determined by the director based upon a schedule of traffic control fees and rates established by resolution of the city council; the estimate of the chief of police as to the type, number and hours of employment of police department personnel necessary to control and monitor pedestrian and vehicular traffic in and around the site of the event; and the estimate of the director as to the type, number and hours of employment of other city personnel necessary to control or monitor the event. Such fee shall be paid prior to the issuance of the permit.

(Ord. 2275, Ord. 2364 §202)

14.55.160 Special permit conditions.

   Where applicable, the director shall also condition an athletic event permit on the following special conditions:

   A.   The provision of portable sanitation facilities, including handicap-accessible facilities, for any event with a duration longer than one hour;

   B.   The provision of first aid stations;

   C.   The provision of garbage containers and the cleanup of all debris and litter from the site of the event within four hours after the conclusion of the event;

   D.   The provision and use of traffic cones and barricades; and

   E.   The provision of a notice of permit conditions to event participants.

(Ord. 2275, Ord. 2364 §203)

14.55.170 Revocation of permit.

   A.   Revocation by Director. The director shall revoke a permit authorizing an athletic event if the director determines that grounds exist for denying the permit which were first disclosed or otherwise made known to the director after issuance of the permit.

   B.   Revocation by Director, Chief of Police or Fire Chief. The director, chief of police or fire chief may revoke a permit authorizing an athletic event if the director, chief of police or fire chief determine that the event is being conducted in violation of the terms and conditions of the permit, or where the event participants have violated any applicable law or regulation. The director, chief of police or fire chief shall not revoke a permit in the manner provided by this subsection until such city officer advises the permittee or responsible event participants of the violation and provides the permittee with a reasonable opportunity to correct the violation.

   C.   Notice of Revocation. When the director, chief of police or fire chief determine to revoke a permit authorizing an athletic event prior to the date of such event, such city officer shall promptly cause a notice of such action to be served on   the permittee and shall provide copies of the notice to the city manager, city attorney and all remaining city officers charged with carrying out any responsibilities under this chapter. However, where the director, chief of police or fire chief determine to revoke a permit authorizing an athletic event on the day of such event, such city officer shall announce such action to the event participants, to those persons engaged in monitoring or controlling traffic during the event, and to the person in charge of the event if such person can be located at the site of the event. Thereafter, the city officer revoking such permit shall cause a written notice of such action to be served on the permittee and shall provide copies of the notice to the city manager and city attorney. The written notice shall set forth, with particularity, the reasons for the revocation.

(Ord. 2275, Ord. 2364 §204)

14.55.180 Emergency suspension of authorized event.

   The director, chief of police, fire chief and any sworn peace officer employed by the city may temporarily suspend an athletic event authorized by a permit issued pursuant to this chapter whenever there is a fire or other emergency which requires the event to be temporarily suspended to protect public safety. When an event is temporarily suspended for this reason, the permittee and event participants shall immediately comply with the suspending officer’s instructions.

(Ord. 2275, Ord. 2364 §205)

14.55.190 Cordoning off the route or site of an event.

   The director is authorized and directed to place barricades on or within the city’s streets, sidewalks or other public rights-of-way, and to undertake such other actions as may be necessary to cordon off the route or site of the athletic event. In addition, the director, when appropriate, shall post the route or site of such event as a no-parking zone for the duration of the event and sufficiently in advance thereof as may be necessary to preclude vehicles parking along the route or at the site of the event.

(Ord. 2275, Ord. 2364 §206)