(A) Purpose. The purpose of this section is to ensure that the operators of privately-run or -sponsored temporary events obtain all required permits and approvals from the County and other agencies to ensure the safety of the public attending the events. This section applies to events taking place entirely on private property and to privately-run or -sponsored events which occur partially or entirely on public property (e.g., an event in a public park, or a parade or event taking place on public streets).
(B) Temporary event permit and compliance with all county and outside agency permits is required.
(1) All temporary events shall obtain an approved temporary event permit from the County at least ten calendar days before the event, and shall comply before, during, and after the event with all requirements, conditions, etc., which may be imposed by the County and/or outside agencies. County departments and other public agencies to be consulted include:
(a) San Benito County Building and Safety Department.
(b) San Benito County Public Works Department.
(c) San Benito County Administrative Office.
(d) San Benito County Fire Department.
(e) San Benito County Sheriff.
(f) San Benito County Department of Environmental Health.
(2) Coordination with these agencies will be facilitated and verified by the County, as described in division (F), below. Some of these agencies may require separate permits or approvals, which are in addition to the temporary event permit.
(3) A temporary use permit is required for some types of commercially oriented temporary activities that are not considered temporary events. Please see the provisions in Temporary Uses.
(C) Application for a temporary event permit. The temporary event sponsor shall submit an application for a temporary event permit to the County not less than 45 days prior to the start of the temporary event.
(D) Temporary events defined. Temporary events are generally one-time events, including annual or recurring events. Examples include fairs; carnivals; rodeos; shows; walking, running, and/or bicycling events and races; parades, and tent revival meetings. The County may limit the number of temporary events at a location, including either the same event held on multiple occasions or different events.
(E) Temporary structures. Any temporary structure used for a temporary event shall be approved by the Fire Marshall or Building Official. This includes tents, but excludes tables, chairs, umbrellas, or inflatable objects.
(F) Verification of compliance with county and agency requirements. Unless a temporary event is exempt as defined below, the Planning Department shall verify either that:
(1) The event does not require a review or permit by the departments or agencies listed in division (B), above; or
(2) Any required permits from the departments and agencies listed above have been obtained. Once coordination has been verified by the Planning Department, a temporary event permit will be issued, and the temporary event may proceed.
(G) Exempt temporary events.
(1) The following are exempt from the requirements of this section, unless they require approval or permits from any of the departments or agencies listed above:
(a) Temporary facilities to accommodate emergency public health and safety needs and activities.
(b) Noncommercial events conducted at private homes (weddings, parties, etc.), which do not involve the construction of temporary structures in the required front yard.
(c) Yard or garage sales.
(d) Holiday displays.
(e) Promotional events and grand opening celebrations in established commercial shopping centers that do not interfere with vehicular traffic on public or private streets and driveways, do not disrupt the proper functioning of parking areas, do not involve the outdoor sale of goods and merchandise, and do not exceed two days in duration.
(f) Uses or events which are consistent with the clearly intended use of the facility (e.g., sporting events in a stadium or a play in a theater), as determined by the Planning Director.
(2) While exempt from the requirements of this chapter, these temporary events must comply with all applicable county and other requirements.
(H) Temporary event standards.
(1) Temporary events must comply with the following standards:
(a) All parking spaces for patrons and guests shall be provided on-site where the activity is taking place. On-street or off-site parking may be used in lieu of on-site parking if approved by the Planning Director.
(b) Vehicular access to the event site shall not create traffic conflicts or congestion on county streets during the operation of the event.
(c) Noise created by the event shall not exceed the levels outlined in the County Noise Ordinance.
(d) The concentration or placement of persons, animals, structures, or vehicles shall not interfere with emergency access.
(e) Temporary events shall be limited to three days in length.
(2) The County may limit the number of temporary events at a location, including either the same event held on multiple occasions or different events, so they shall not become long-term or permanent.
(I) Bond and insurance. Bonding or insurance may be required to be in place in advance of a temporary event, as follows:
(1) The County may require a sponsor of a temporary event to post a bond or to otherwise financially secure that the event location is restored to its original condition and that the County is fully reimbursed for any unanticipated law enforcement or emergency medical expenses. The County shall determine the amount of the bond or other security, and the event sponsor shall post it with the permitting authority.
(2) The County may require that the sponsor of a temporary event show proof of liability insurance naming the County as an additional insured.
(J) Enforcement. The County may require the immediate closure of any nonexempt event that is operating without a temporary event permit or is not in compliance with any requirements, conditions, etc., which have been imposed by the County or any agency.
(Ord. 1043 § 3 (part), 2022)