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A. Any person seeking a permit required by this chapter shall complete a permit application describing the reasons for the proposed activity or use, and shall deposit the permit fee as established by City Council resolution. The permit application and fee shall be submitted to the city department that issues the permit as indicated in Section 9.08.010.
B. The department's staff shall assess the extent to which the proposed activity or use may interfere with the use and enjoyment of the public park, building, facility or other place by the general public; the availability of the requested public park, building, facility or other place; the extent to which the proposed activity or use would require the diversion of public safety or other city employees from their normal duties so as to unreasonably reduce adequate levels of service to any other portion of the city; the extent to which the activity or event would adversely affect the city's ability to reasonably perform municipal functions or furnish city services; and any other criteria contained in any applicable policy of any applicable city department. Based on these criteria, city department staff shall approve or deny the permit application. Written notice of the decision shall be personally served or mailed to the applicant within five business days of the application submittal. If the permit application is denied, all deposited fees shall be returned to the applicant with the notice of denial. In determining whether to approve a permit application for an event involving expressive activity, no consideration may be given to the message of the event, the content of speech, the identity or associational relationships of the event organizer or its members or affiliates, or to any assumptions or predictions as to the amount of hostility which may be aroused in the public by the content of the speech or the message conveyed during the event.
C. Permits issued under the provisions of this chapter are subject to such reasonable conditions as the city department staff may deem necessary in order to ensure that the proposed activity or use will be compatible with the general uses of the park or other public place; will prevent dangerous, unlawful or impermissible uses; and will protect the safety of persons and property; provided that such requirements shall not be imposed in a manner that will unreasonably restrict expressive or other activity protected by the California or United States Constitutions. Such conditions may include, but shall not be limited to the following:
1. Limitations upon the times during which the proposed use will be permitted;
2. Limitations upon the locations at which the use will be permitted;
3. Limitations upon the number of people that will be permitted to participate in a use at a given location;
4. Limitations upon the type of equipment allowed and the manner in which it is utilized;
5. Requirement that the applicant furnish private patrol or security where the nature of the use will impose undue burdens on the police services of the city;
6. Requirement that the applicant provide temporary sanitary facilities, trash containers, and the like;
7. Requirement that the applicant post additional fees, deposits or other security to cover extraordinary costs which may be incurred by the city as a result of the proposed use; and
8. Requirement that the applicant provide proof of insurance deemed adequate by the city department staff.
D. Any person dissatisfied with the decision of the city department's staff under this section may appeal such decision to the Parks and Recreation Commission in compliance with Section 9.08.040 of this chapter.
(Ord. 2013-05-1453 § 1)