(A) Review of application.
(1) The Parade Administrator shall review the parade/public gathering permit application, including all accompanying documentation, for accuracy and completeness. The Parade Administrator shall review the application in light of the requirements of this chapter.
(2) The Parade Administrator shall endeavor to give notice of the nature, date and time of any event authorized by a permit as soon as possible prior to the date of the event to all owners of property adjoining the county road, sidewalk, other public right-of-way or specific property where the event is to occur, either by delivering copies of the notice to the property owners, by publishing the notice in a newspaper of general circulation, or by posting the notice along the route or at the site of the event. The provisions of this section shall be directory only, and the failure of the Parade Administrator to give the notice shall not invalidate a permit, if issued.
(B) Decision on application; issuance or denial of permit.
(1) Upon completion of the review process, the Parade Administrator shall approve the application and issue a permit if the Parade Administrator determines that the issuance of the permit will not create a real, substantial and unmitigatable imminent threat to the public health, safety or order. If the Parade Administrator determines that certain specific services in addition to those proposed by the applicant are needed in order to prevent a real, substantial and unmitigatable imminent threat to the public health, safety or order, the Parade Administrator shall approve the application and issue the permit with sufficient conditions necessary to reasonably insure the protection of the public health, safety or order, consistent with the requirements of this article. The Parade Administrator shall deny the application if the Parade Administrator determines that the issuance of the permit, with or without conditions, will create a real, substantial and unmitigatable imminent threat to the public health, safety or order. A real, substantial and unmitigatable imminent threat to the public health, safety or order shall exist when the Parade Administrator determines any one or more of the following:
(a) That the proposed route, location, time or duration of the event will substantially interrupt the safe and orderly flow of traffic along or through the route or location and the county has inadequate resources to reasonably mitigate the impacts;
(b) That the proposed route, location, time or duration of the event will unreasonably interfere with the provision of Sheriff or fire protection in the event area, the area surrounding the event, or the remainder of the county and the county has inadequate resources to reasonably mitigate the interference;
(c) That the proposed manner of conducting the event is reasonably likely to cause injury to persons or damage to property and the resources reasonably available to the county are not sufficient to substantially reduce the risk of harm to persons or property;
(d) The applicant has failed to provide supplemental application information requested by the Parade Administrator or has otherwise failed to complete the application;
(e) The information contained in the application, including supplemental application information requested by the Parade Administrator is found to be false in any material respect;
(f) An application for another event to be held on the same date as that requested by the applicant has been previously filed or approved, and such other event is so close in time or location to the event proposed by the applicant as to cause undue traffic congestion or to place the county in a position of being unable to provide Sheriff protection, fire protection or other essential services for both events;
(g) Given the size and nature of the event, the reasonably available county resources such as County Sheriff deputies or other essential county personnel is not sufficient to ensure the safety of participants or the attending public;
(h) The event will occur at a time when a school is in session and along a route or at a location adjacent to the school or a class thereof, and the noise created by the activities of the event will substantially disrupt the educational activity of the school or class; and
(i) The location of the event will substantially interfere with construction or maintenance work previously scheduled to take place on or along the county road to be used for the event.
(2) However, nothing herein authorizes the denial of a permit because of the need to protect participants from the conduct of others, if reasonable permit conditions can be imposed to mitigate the concern. Furthermore, nothing herein authorizes the denial of a permit based upon the content of any proposed exercise of an applicant’s first amendment rights.
(C) Time of decision on application.
(1) In the case of a Level 1 or Level 2 parade application, the Parade Administrator shall make a decision on the application within one working day after the time that a completed application is filed with the Parade Administrator. In the case of a Level 3 or Level 4 parade or public gathering application, the Parade Administrator shall make a decision on the application within two working days after the time that a completed application is made.
(2) After the decision, the Parade Administrator shall immediately attempt to notify the applicant orally and in writing of the Parade Administrator’s decision. A written document indicating approval, which shall serve as the permit, may be by telegram, facsimile or any written document sent by the Parade Administrator. Both the oral and the written notifications shall describe, with particularity, the facts and reasons for any denial or for any approval subject to conditions.
(3) Any permit for a Level 3 or 4 event shall be invalid unless within 24 hours after the approval is sent to the applicant, the applicant fails to accept, in writing, the approval and relevant conditions thereof. The writing may be by telegram, facsimile or any written document sent or signed by the applicant. Failure to accept as set forth herein or failure to file a timely appeal shall automatically be deemed a withdrawal of the application.
(D) Conditions of approval; requirements. The Parade Administrator shall provide that issuance of a parade/public gathering permit shall be contingent upon acceptance and observance of specified conditions deemed reasonable and necessary to protect the public health, safety or order consistent with the requirements specified in this chapter. All permits shall specify the kind, character and type of event which is approved and shall specify the maximum number of persons who may attend or participate in such permitted event. Furthermore, all persons obtaining a parade/public gathering permit shall comply with the requirements specified in this division. However, upon request of the applicant, the Parade Administrator, with the approval of the appropriate agency official, may reduce the mandatory requirements in the case of a Level 1 or Level 2 event if the requirements are not necessary to protect the public health safety or order.
(1) Police protection/traffic control.
(a) Every person granted a permit under this article shall insure the preservation of order and the protection of property in and around the location of the parade or public gathering. The obligation may require a permit condition that a permittee employ private security. Any proposal for the employment of security services shall be reviewed and must be approved by the Sheriff before a permit shall become issued.
(b) All security service personnel shall be required to be licensed under the Business and Professions Code and to be in attendance, wearing uniforms, at all times when the parade or public gathering is in operation. Where the Sheriff authorizes the employment of off-duty peace officers to meet the requirements of this article, the peace officers shall be under the direction and control of the Sheriff. The Sheriff shall be satisfied that the requisite number of security personnel will be provided at all times during the parade or public gathering, before a permit is issued. An applicant may be required to submit a written agreement between the applicant and a licensed security firm. As a condition of any permit hereunder, an applicant shall consent to and authorize the Sheriff, his or her deputies and employees to enter upon the permitted premises in order to insure compliance with permit conditions and to insure protection of the public.
(c) Furthermore, in the event that the Sheriff determines that a parade or public gathering will require additional Sheriff operations and services for public protection/traffic control, an applicant shall pay the costs of all additional Sheriff services required. As a condition of obtaining a permit, an applicant shall be required to enter into an agreement with the County of San Benito agreeing to pay the costs of the additional Sheriff’s services as determined necessary by the Sheriff. The agreement shall be subject to the approval of the County Counsel.
(2) Water facilities. Every permittee shall provide an ample supply of water for drinking and sanitation purposes on the premises of a public gathering. A permittee shall provide a minimum supply of water an amount equivalent to one drinking fountain for the first 75 attendees and thereafter one additional drinking fountain for each additional 150 attendees. The Parade Administrator shall, with the consent of the Environmental Health Officer, reduce or otherwise adjust the quantitative requirements if other alternative sources of water are proposed and approved. All drinking water fountains shall meet state drinking water standards. There shall be one lavatory for each four toilets.
(3) Food concessions. In the case of public gatherings proposed to be held in areas located a substantial distance from markets, restaurants or like eating establishments for more than one day, a permittee shall provide the food concessions shall be available at the premises for each day of operation to adequately feed the number of persons expected to be in attendance. Concessionaires shall be licensed pursuant to local regulations and state laws.
(4) Sanitation facilities.
(a) Every permittee shall provide on the premises of any public gathering, at least one closed toilet facility for each 50 persons expected to be in attendance. Toilet facilities for persons with physical disabilities shall also be required.
(b) Where flush-type toilets cannot be made available, a permittee may use portable chemical toilets. Chemical toilets shall be emptied at a permittee’s expense as necessary and pursuant to any procedures established by the San Benito County Health Officer.
(c) Every permittee shall be required to furnish the equivalent of at least one solid waste receptacle with a minimum 32-gallon capacity for every 25 persons expected to be in attendance. Receptacles for the recycling of discarded materials shall also be provided. An applicant shall enter into an agreement with an approved solid waste collection company for the collection of solid waste. Solid waste shall be emptied at a permittee’s expense as necessary to maintain sanitary conditions.
(5) Emergency medical services. Where an event is a Level 3 or 4 event, and is planned for a route or a site which is located a substantial distance from existing medical treatment facilities, the applicant shall provide one ambulance for every 50,000 persons authorized to attend the event. The ambulance shall be a provider who is authorized to transport persons in San Benito County. The ambulance shall be staffed with persons who are licensed or certified, as required under Cal. Health and Safety Code §§ 1797 et seq., consistent with local emergency medical service requirements.
(6) Parking areas. Every permittee shall provide adequate parking spaces for the number of persons the permit authorizes to attend the public gathering or parade.
(7) Access and parking control.
(a) Every permittee shall provide adequate ingress and egress to the event site and to the parking areas, along with adequate signage. Necessary roads, driveways, entrance ways and traffic signs shall exist to insure orderly flow of traffic into, or away from the premises by a highway which is a part of the county road system or which is a highway maintained by the State of California.
(b) Additionally, in the case of a Level 3 or 4 event, a permittee shall be required to employ traffic guards to insure orderly traffic movement and relieve traffic congestion in the vicinity of the parade or public gathering area.
(8) Hours of operation. No permit shall be issued for any event between the hours of 2:00 a.m. and 6:00 a.m. of any day. The Parade Administrator shall further restrict the hours of desired operation of a parade or public gathering if necessary to protect the public health, safety or order in compliance with this chapter. No permit shall authorize camping at the site of the event. Any person desiring to establish camping facilities in connection with an event shall first obtain approval for temporary use under Title 25 of the San Benito County Code.
(9) Illumination. Every permittee planning to conduct a parade or public gathering after dark, or planning to allow persons who attend the parade or public gathering to remain on the premises after dark, shall provide electrical illumination to insure that those areas which are occupied, including areas used for parking, are appropriately lighted at all times. For purposes of this section, APPROPRIATE LIGHTING is that which illuminates only the intended area and does not create off-site glare or create a safety hazard.
(10) Security.
(a) If a permittee is required to indemnify the county for any costs incurred by the county as a result of the proposed event, the permittee shall provide security for the county in connection with the event in an amount determined by the Parade Administrator. The amount of the security shall cover any expenses anticipated to be incurred by the county as a result of the event.
(b) The security shall be either an undertaking such as an indemnity bond, a performance bond or the like or a cash deposit with the county.
(c) An applicant may be required to submit a surety bond in an amount determined by the Parade Administrator as a condition of approval of any permit. The bond shall indemnify the County of San Benito, and its agents, officers and employees against any and all loss, injury and the damage of any nature whatsoever arising out of, or in any way connected with, the parade or public gathering and shall indemnify against loss, injury or damage to both persons and/or property and the owners of property adjoining the parade or public gathering site for any costs necessitated for cleaning up and/or removing, advertising signs, debris, trash or other solid waste from, in and around the premises.
(d) Any bond required by this chapter shall be written by a corporate bonding company authorized to do business in the State of California approved by the state’s Department of Insurance. Bonds required by this article must be approved by the county’s Risk Manager.
(11) Fire protection. A permittee shall furnish such fire protection, including personnel and equipment, at its own expense, as shall be required by the Parade Administrator after consultation with the state’s Division of Forestry and/or the San Benito County Fire Department. In the event that a parade or public gathering will require additional county fire protection services, a permittee shall pay the costs of all additional services necessitated by the parade or public gathering. As a condition of obtaining a permit, an applicant shall enter into an agreement with the County of San Benito agreeing to pay the costs of the additional fire protection services as determined necessary by the Parade Administrator and/or the San Benito County Fire Department.
(12) Enclosures. A permittee shall install, at his or her own expense, such fences or other structures to prevent persons attending the Level 3 or Level 4 parade or public gathering from trespassing upon lands adjacent to the permitted premises.
(13) Insurance. A certificate of insurance demonstrating that the applicant has in effect a comprehensive general liability insurance policy with a combined single limit of not less than $1,000,000 for a Level 1 or Level 2 event or a combined single limit of not less than $2,000,000 for a Level 3 event or a combined single limit of not less than $10,000,000 for a Level 4 event shall be required. Applicant shall also provide an endorsement naming the county, its officers, agents and employees as additional insureds, and providing that it will not be reduced or canceled without written notice to the Parade Administrator. Insurance coverage shall include coverage of injury to any persons and damage to any property caused by the parade or public gathering or arising therefrom, or from the specific activities occurring as part of the parade and public gathering, whether occurring on or off the site of the parade or public gathering.
(14) Noise. All permittees shall insure compliance with the county’s community noise standards as embodied within the county General Plan noise element. Specifically, all parades and public gatherings shall comply with the following standards:
Land Use Category of Neighboring Properties Adjacent to the Site of the Public Gathering | Acceptable Noise Level at Property Line of the Site of the Public Gathering (Community Exposure Ldn or CNEL.dB.) |
Amphitheater, auditorium, concert hall | 60 |
Church, hospital, library, neighborhood park, nursing home, outdoor spectator sports facility, playground, residential structure (all densities), school, sports arena | 65 |
Cemetery, golf course, hotel, motel, riding stables, water recreation facility | 70 |
Business commercial building, office building, professional commercial building | 75 |
Agriculture, industrial, manufacturing utilities | 80 |
Source: San Benito County General Plan noise element | |
(15) Miscellaneous. In lieu of denial of an application, the Parade Administrator may impose upon any applicant any other condition which conditions are reasonably calculated as necessary to protect the health, welfare and property of local residents and persons participating in, or attending the parade or public gathering. Such conditions may include, without limitation, the requirement to pay for any otherwise unreimbursed costs incurred by the county.
(1966 Code, § 14-14) (Ord. 688, § 1(part); Ord. 703, § 1(part))