A. It is unlawful for any individual, entity, firm, association or corporation to conduct, aid, or participate in any special event unless it has been approved by the committee, and said authorizing documents issued by the city are carried by an individual present at the special event and responsible for ensuring compliance with the provisions of this chapter.
B. It is unlawful for any individual, entity, firm, association or corporation to participate in any special event with the knowledge that the sponsor of the special event has not been authorized by the committee or that the sponsor has failed to comply with the conditions of the authorizing documents.
C. A special event approved by the committee authorizes the applicant to conduct only such special event as is described in the authorizing documents, and in accordance with the terms and conditions of said documents. It is unlawful for the applicant to willfully violate the terms and conditions of the authorizing documents, or for any special event participant with knowledge thereof, to willfully violate the terms and conditions of the authorizing documents.
D. Any person willfully violating any provision of this chapter shall be subject to the remedies provided under Chapter 1.13 of the Visalia Municipal Code. In addition to the remedies provided under Chapter 1.13 of the Visalia Municipal code, or as an alternative thereto, such person may also be deemed guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000) for each violation. Violations may also be addressed by civil action in which the violator shall be liable for the full amount of actual costs incurred by the city in connection with the provision of any city service for, or because of, the special event, including, but not limited to, police services, fire services, emergency services, park services, traffic safety services, and public works services.
E. The committee shall not process any application for a special event until the application fee, as set forth in the fire department's rates and fees schedule, has been paid in full. However, the committee shall waive the application fee if:
1. The applicant presents a verified statement certifying, under penalty of perjury, that:
a. First Amendment expression is the sole or primary purpose of the special event for which the authorization is sought; and
b. Payment of the application fee would be so burdensome that in the absence of a waiver the applicant would be precluded from exercising its First Amendment rights.
2. The applicant describes the nature of the event in narrative form, including details supporting the conclusion that the special event's sole or primary purpose is First Amendment expression; and
3. The applicant explains why payment of the application fee would preclude the applicant's exercise of First Amendment rights.
4. The committee finds by a preponderance of the evidence that:
a. All information required by this subsection (E) of this section has been provided; and
b. The statement does not contain any material falsehoods or misrepresentations; and
c. Requiring payment of the application fee would burden the applicant to such an extent that the applicant would likely be precluded from exercising its First Amendment rights. (Ord. 2018-05 § 2 (part), 2018)