For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COUNTY’S ADMINISTRATIVE OFFICER. The San Benito County Administrative Officer or the designee thereof.
COUNTY COUNSEL. The San Benito County Counsel or the County Counsel’s designee.
COUNTY HEALTH OFFICER. The San Benito County Health Officer or the County Health Officer’s designee.
COUNTY RESOURCES. Either financial resources, equipment or persons whether the persons be employees or independent contractors.
COUNTY ROAD.
(1) Any public road in the unincorporated area of the county which is designated as part of the county road system;
(2) Any public road which the county is otherwise legally obligated to maintain;
(3) Any public rights-of-way, easements, sidewalks or crosswalks appurtenant to the public roads specified herein; or
(4) Any public alleys or thoroughfares which the county is legally obligated to maintain.
DIRECTOR OF PUBLIC WORKS. The Director of Public Works of the County of San Benito or the Director’s designee.
EVENT. A parade and/or public gathering.
LEVEL 1 PARADE OR PUBLIC GATHERING. Those parades or public gatherings where not more than 1,500 persons are reasonably expected to be in attendance.
LEVEL 2 PARADE OR PUBLIC GATHERING. Those parades or public gatherings consisting of more than 1,500 persons but not exceeding 5,000 persons reasonably expected to be in attendance.
LEVEL 3 PARADE OR PUBLIC GATHERING. Those parades or public gatherings consisting of more than 5,000 persons but not exceeding 15,000 persons reasonably expected to be in attendance.
LEVEL 4 PARADE OR PUBLIC GATHERING. Those parades or public gatherings where over 15,000 persons are reasonably expected to be in attendance.
OPEN TO THE PUBLIC. An event which is not a private event.
PARADE. Any parade, march, race or procession, other than a funeral procession, organized for public or private participation by 50 or more persons, which parade is held on a county road.
PARADE ADMINISTRATOR.
(1) The Sheriff of the County of San Benito. The Parade Administrator shall have the primary responsibility for the administration of the provisions of this chapter. In carrying out such responsibilities, the duties of the Parade Administrator shall include, but not be limited to, acting on all applications for a permit required by this chapter.
(2) In addition, the
PARADE ADMINISTRATOR shall be authorized to revoke a permit issued pursuant to this chapter in the manner provided for herein.
PERSON. Any individual, firm, association, corporation, limited liability company, organization, partnership or any city, county, district, or the state or federal government or any department or agency thereof. For the purposes hereof, the singular shall include the plural, and the masculine shall include the feminine and neuter, and vice versa.
PRIVATE EVENTS.
(1) Those events such as weddings, birthday parties and the like where there is a host who pays for substantially all of the guests’ expenses for a personal social event.
(2) In no case shall any event be classified for purposes herein as a
PRIVATE EVENT if attendance is reasonably anticipated or planned to exceed 5,000 persons.
PUBLIC GATHERING. A public gathering on county property as well as public gathering on private property.
PUBLIC GATHERING ON COUNTY PROPERTY.
(1) Every temporary gathering of a group of persons reasonably expected to exceed 50 in number;
(2) In the unincorporated area of the county;
(3) Which gathering of persons is held on property owned by the county;
(4) Outdoors or within permanent or temporary structures; and
(5) Which is open to the public with or without an admittance fee or a donation.
PUBLIC GATHERING ON COUNTY PROPERTY shall include, but not be limited to, circuses, carnivals, festivals and races. PUBLIC GATHERING ON COUNTY PROPERTY shall not include any gathering of persons organized or otherwise coordinated by the County of San Benito, or by its agents or franchisees pursuant to express county approval.
PUBLIC GATHERING ON PRIVATE PROPERTY.
(1) Every temporary gathering of a group of persons reasonably expected to exceed 50 persons;
(2) In the unincorporated area of the county;
(3) Which public gathering is held on privately-owned property;
(4) Outdoors or within a permanent or temporary structure;
(5) Open to the public with or without an admittance fee or donation; and
(6) Which gathering of persons is not previously authorized by county permit. A
PUBLIC GATHERING ON PRIVATE PROPERTY shall include, but not be limited to, circuses, carnivals, festivals and races.
SHERIFF. The elected Sheriff of San Benito County or the Sheriff’s designee.
TEMPORARY GATHERING OF PERSONS. A gathering of persons that is not intended to, or does not in fact, occur on a regular (e.g., daily, weekly, monthly) basis. An annual gathering of persons lasting for a specified or indeterminate duration of two weeks or less shall be considered temporary gathering. An annual gathering of persons lasting for a specified or indeterminate duration of more than two weeks shall be considered a permanent use.
(1966 Code, § 14-11) (Ord. 688, § 1(part); Ord. 703, § 1(part))