Loading...
HomeMy WebLinkAbout26-City Clerk ~ . o o o ,0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ORDINANCE NO. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTERS 5.42 AND 12.56 OF THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE THAT A BUSINESS LICENSE FEE SHOULD BE CHARGED ONLY FOR A CIRCUS, RODEO OR OTHER SIMILAR EXHIBITION, EXCLUDING PROFESSIONAL BASEBALL GAMES, WHERE FOOD BOOTHS, ENTERTAINMENT RIDES, MIDWAY A'l"l'RACTIONS, AND THE LID, ARE CONDUCTED; TO ELIMINATE THE PROVISION OF A NON REFUNDABLE PERMIT APPLICATION FEE; TO ELIMINATE THE PROVISION OF A CLEAN-UP DEPOSIT; TO PROVIDE FOR A DEPOSIT FOR USE OF BARRICADES; AND REPEALING SECTION 12.56.040 SUBSECTION C. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Section 5.42.010 of the San Bernardino Municipal Code i. amended to read a. follow.: "5.42.010 Circu., rodeo, carnival, or other exhibition. Every person, firm or corporation conducting, managing or carrying on a circus, rodeo, carnival, or other exhibition, excluding professional baseball games, at which food booths, entertainment rides, midway attractions, and similar undertakings are conducted, except nonprofit or charitable organizations conducting such enterprises without a commercial operator, shall pay twenty-five dollars per event, or fifty 20 dollars annually. In addition, the operator shall be 21 responsible for and shall tender the established fees pursuant 22 to Section 5.04.370 of this Code for all individual food 23 booths, rides, midway attractions and other concessions to be 24 operated under licensee's juriSdiction. Such fees shall be 25 ~endered at the time payment for the license is sought, except 26 that, where an annual license has been obtainedr fees for such 27 28 2/2/87 1 ,Zt, 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o individual operations shall be paid by the operator prior to the opening of each event." SECTION 2. Section 5.42.030 of the San Bernardino Municipal Code is amended to read as follows: "5.42.030 Approval of license by Chief of Police. The Chief of Police shall consider each application, and if satisfied as to the moral character and integrity of the applicant, and that the site proposed is properly zoned and suitable for such purpose, he or she shall grant approval of the license applied for, under such conditions as he or she deems appropriate. The conditions may provide that the Chief of police shall have the power, upon finding that any condition of the license is not being complied with or that the conduct of the event is conducted in violation of state law or municipal ordinance, to immediately revoke such license. Before issuing any such permit, license or other permission to proceed, the Chief of Police shall obtain the recommendations of all departments affected by the proposed activity, and consider the recommendations of such departments. The Chief of Police shall also require, prior to the granting of any such permit, license or permission, that advance payment be made of all fees contained in Section 5.42.010." SECTION 3. Section 12.56.120 of the San Bernardino Municipal Code is amended to read as follows: "12.56.120. Deposit - Barricades. 2/2/87 2 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o .:> () The sponsor of an event desiring use of barricades shall be required to provide a deposit prior to the issuance of the parade permit. The deposit shall be in the amount established by resolution adopted by the Mayor and Common Council." SECTION 4. section 12.56.040 Subsection C of the San Bernardino Municipal Code is hereby repealed. / I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the city of San Bernardino at a meeting thereof, held on , 1987, by the following the day of vote, to wit: AYES: council Members NAYS: ABSENT: City Clerk 2/2/87 3 . . o o () 1 2 3 ( 5 6 Approved as to form: The foreqoinq ordinance is hereby approved this day 0 , 1987. Mayor of the City of San Bernardino 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2/2/87 v4~.IflO~-r? City' ttorney 4 o I s.- -/'7 -~" t:r- c:f o 0: 1 ORDINANCE NO. ~ ~5';;;L, 2 ORDINANCJ OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 5.42 AND AMBNDING CHAPTBR 12.56 OF THE SAN BERNARDINO MUNICIPAL CODE 3 TO PROVIDB A UNIFORM PROCEDURE FOR THE ISSUANCE OF PERMITS BY THE 4 CHIEr or POLICB rOR PARADBS, CIRCUSES, RODBOS, CARNIVALS, OR OTHER EVENTS, AND REPEALING SECTIONS 2.02.100 AND 5.04.175. 5 THE MAYOR AND COMMON COUNCIL OF THB CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS. 6 i SECTION 1. Cbapter 5.42 is added to the San Bernardino 8 Municipal Code to read as followss 9 .Chapter 5.42 10 OOTDOOR ENTBRrAINMBNr 11 exhibition. 5.42.010 rodeo, carnival, 0 16 17 or carrying on 18 12 A. Bvery person, 13 or carry:l.,nC) on a circus, r 4 seatin9 c:~,.,~.city of more 15 hundred 1l0Hars per day. corporat conductin9, aana9in9 similar exhibition with a ousand persons sball pay two B. r.vea:y orporation conductin9, mana9ing other similar exhibition having . a seatin9 capacity of four 19 20 21 22 23 24 25 26 27 28 hundred dollars per day. C. Every person, a circus proce..lon or for conduc~in9, aan&9 limits of tbe City or carryin9 on a managin9 not having a license within the pay two hundred dol for each such procession ~r par e, and shall comply with tb provisions of Chapter 12..~5. D. rson, firm or corporation conduct n9, managing a carnival at whicb food booths, ent or carrY1n9 1 o o o o a comm.rcial op.rator, shall or fifty dollars annually. In be responsible for and pursuant to S.ction 5.04.370 of midway b. op.rated under licensee's at the tim. payment i. .OU9ht, that, where .n annual ed, f.e. for .uch individual oper.tion. r to the openin9 of 4 5 6 7 8 9 juri.diction. 10 for the carnival 11 lic.n.e has b.en 12 shall be paid by the 13 each event. 14 5.42.020 rilin9 of written applic.tion. 15 Any applicant for a license under this section shall first 16 file a written application therefor s.ttin9 forth the followin9: 17 A. A description of tbe place or property, includin9 the 18 name and addre.. of its own.r, wb.re such busin.ss is to be 19 conducted, if an annual licen.e is SOU9bt for u.e in various 20 locations, each .eparate ev.nt shall b. subject to r.view by the 21 Cbi.f of pOllc.... to appropriate location, 22 B. Tb. n.... and addr..... of tbe own.r or operators of the 23 bu.in.... 24 5.42.030 Approval of licen.e by Chi.f of polic.. 25 Th. Cbief of police . .acb application, and if 26 satisfied a. to the int.9rity of the 27 applicant, and that the sit 28 rid.s, midway attractions, 1 2 conduct.d, except nonprofit 3 conductin9 sucb .nterpr is.s pay twenty-five dollars p.r e addition, the carnival operato sball t.nder the .stablished this Code for all individua 2 ~ o o o 1 suitable for 2 license applied for, under 3 appropriate. 4 shall have the 5 license is not 6 event is conducted in v i ordinance, to immediately 8 any such permit, license or 9 Chief of police shall obtai 10 departments affected by t e 11 recommendations of such epartment . 12 also require, prior 13 or permission, that 14 and costs to be in 15 16 permission 17 advance of 18 any fees or arges otherwise due and 19 5.42.040 Annual citrus fair. 20 Tbe revenue provisions of this section, but not the 21 r~ulatory provisions thereof, sball apply to activities 22 conducted durin9 tbe annual citrus fair beld under tbe auspices 23 of tbe National Orange Sbow on its sbow 9rounds. 24 5.42.050 Appeal of decision of Chief of police. 25 Any decision of the Cbief of police may be appealed as set 26 fortb berein. 27 A. Any applicant a99rieved by tbe decision of tbe Chief of 28 approval of the or sbe deems tbe Cbief of Police , upon findin9 th any condition of the that the conduct of the municipal sucb license. Before isSUin9 proceed, the e recommendations of all activity, and consider tbe Tbe Cbief of Police sball any sucb permit, license payment made of all fees, charges expected to e incurred by the City activity. No such pe mit, license or 9ranted to any entity payment in tbe City, plus he or she shall 3 ~ ~ o o o 1 police with reference to the issuance, conditional issuance or 2 denial of a permit, may appeal to the Common Council in 3 accordance with the provisions of Chapter 2.64. 4 B. If there is insufficient time for a timely appeal to be 5 heard by the Common Council prior to the date on which the event 6 is scheduled, the applicant may, at his or her option, request an 7 appeal before the City Administrator. The City Administrator, or 8 his or her designee, shall hold a hearing no later than two 9 business days after the filing of the appeal, and will render his 10 or her decision no later than one business day after bearin9 the 11 appeal. If the appeal is heard before the City Administrator, 12 the City Administrator's decision shall be final. The City 13 Administrator may impose any conditions upon approval which the 14 Chief of police could have imposed.- 15 SECTION 2. Chapter 12.56 of the San Bernardino Municipal 16 Code is amended to read as follows: 17 -12.56.010 Definition of parade. 18 'Parade' .eans a march, procession or athletic event 19 consisting of people, ani.als, vehicles, or any combination 20 thereof, on any City street, sidewalk, alley or other public 21 right-of-way, wbich interferes with the normal flow of pedestrian 22 or vehicular traffic or does not comply with traffic laws or 23 controls. 24 The definition of parade does not include the following: 25 A. runeral processions. 26 B. parades of forty or fewer pedestrians marching along a 27 route which is restricted to sidewalks and crossing streets only 28 4 c o o o '. 1 at pedestrian crosswalks or street corners in accordance with 2 traffic regUlations and controls, provided that pedestrians 3 participating in the parade shall cross streets in units of 4 fifteen or fewer persons and allow vehicles to pass between such 5 units. 6 C. Parade., athletic events or other special events i occurring exclusively on City property for which another type of 8 City permit is Obtained. 9 12.56.020 permit required. 10 It is unlawful for any person to conduct, manage or 11 participate in any parade without a written permit first having 12 been secured forll tbe Cbief of police. 13 12.56.030 Interference witb parade. 14 It is unlawful for any person to knowingly join or 15 participate in any parade in violation of any terms of tbe permit 16 for tbe parade, join or participate in any permitted parade 17 witbout the consent of the parade sponsor, or in any manner 18 interfere with tbe progress or orderly conduct of tbe parade. 19 12.56.040 permit application procedure. 20 A. Any person desiring to conduct a parade sball file a 21 verified appllcation for a permit at the office of the Chief of 22 pollee not less than ten working days nor more tban six months 23 before the date on whicb tbe parade is proposed to be conducted. 24 B. If an application is filed after the filing deadline, 25 tbe Cbief of police shall immediately investigate to determine if 26 be or she has sufficient time to process tbe application, to 27 investigate tbe effect of the parade on traffic and other 28 5 o o o o 1 conditions, and to obtain pOlice services for the event. The 2 applicant may demonstrate that the circumstances giving rise to 3 the parade did not reasonably allow the participants to file for 4 a permit within the time prescribed and that imposition of the 5 time limitation would unreasonably restrict the right of free 6 speech. If such a demonstration is made to the reasonable 7 satisfaction of the Chief of Police, he or she shall issue a 8 permit despite the lack of ten days' advance notice. 9 C. The appHcaU 10 11 of proce..ing 12 and Co_on Co 13 12.56.050 Contents of permit application. 14 A. The application for a parade permit shall provide the 15 following information I 16 1. The name, address, and telephone number of the 17 applicant, the sponsoring organization, the parade chairperson, 18 and an alternate contact person. The Chief of Police may require 19 a written authorization from an officer of the sponsoring 20 organization. 21 2. A state.ent of the nature or purpose of the event. 22 3. The date and the estimated starting and ending time 23 of the parade. 24 4. The location of the proposed parade assembly area, 25 disbanding area, and the route proposed for the parade. 26 5. The type and estimated number of participants, 27 vehicles, animals, and floats. Bach float shall be described in 28 [ I \ I I by a non- the cost n of the Mayor 6 o o o o 1 terms of its width, height, power source, and speed. The number 2 of participants in each marching unit shall be given and any 3 sound amplifying equipment proposed for use shall be described. 4 6. The training and instructions to be given to parade 5 participants, the number and location of parade monitors to be 6 employed or utilized, and arrangements for parking which will be i made. 8 B. Copies of the parade application shall be furnished by 9 the Chief of Police to the City Administrator, Pire Chief, any 10 affected transit company, and other City departments or entities 11 that will be affected by the parade. Based on tbe information 12 supplied, the Chief of police sball determine and have tbe power 13 to specify as a condition oftbe permit tbe location of water and 14 aid stations, policing requirements, traffic routing, provision 15 for sanitary facilities, and other conditions reasonably 16 necessary to ensure tbe safety of participants, spectators, and 17 police and fire personnel, to provide for tbe public bealth and 18 safety and to ensure minimum interference with business of the 19 public. 20 12.56.060 conditions to permit. 21 As a condition to granting a parade permit, tbe Cbief of 22 police may impo.e reasonable require..nts concerning the time and 23 place of tbe parade, the area and manner of assembling and 24 disbanding the parade, the route and spacing of all units, the 25 maximum lengtb of the parade, tbe maximum and minimum speed, the 26 stop. permitted, accommodation of otber traffic, the number and 27 type of vehicles, levels of sound amplification and other 28 7 o o o o 1 requirement. found nece.sary for the protection of persons and 2 property and for control of traffic. The Chief of police shall 3 develop uniform regulation. for perade., which shall be submitted 4 to the Mayor and Co-.on Council for their approval. 5 12.56.070 Issuance or denial of per.it. 6 In accordance with standard. uniformly applied to similar 7 conditions, the Chief of police shall issue the permit 8 conditioned upon the applicant's written agreement to comply with 9 any terms of the permit, unless the permit is denied on any of 10 the following grounds, 11 A. An application received prior in time has been approved 12 for the same time and place reque.ted by the applicant or at a 13 time and place so close a. to cause undue traffic congestion or 14 exceed the ability of the City to provide police and other 15 services for both events. 16 B. The time, route, or size of the event will substantially 17 interrupt the .afe and orderly move.ent of traffic in contiguous 18 areas or will disrupt the use of streets at a time of usual 19 traffic congestion. 20 C. The concentration of person., animals and vehicles for 21 parade purpose. will prevent proper police, fire, or ambulance 22 .ervice to contiguous areas. 23 D. The parade is of a size or nature that requires a 24 diversion of so great a number of police officers to police the 25 line of march and contiguous area. that it will prevent 26 rea.onable police protection to the re.ainder of the City. 27 E. The location of the parade will substantially interfere 28 8 o o o o 1 with con.truction or maintenance work scheduled upon or along the 2 City streets or will interfere with a previously granted 3 encroachment permit. 4 P. The time, route and size of the parade will unreasonably 5 disrupt the movement of other traffic. 6 G. Information contained in the application or any 7 supplemental information furnished is found to be intentionally 8 false in any mat.rial detail or th. applicant fails to complete 9 th. application aft.r having b..n notified of additional 10 information that i. r.quired. 11 B. The applicant fail. or refu.e. to comply with .ny 12 condition re..on.bly impo.ed on the gr.nting of the permit in 13 order to en.ure the ..fety of event p.rticipants, members of the 14 Police Dep.rtment or the public, or to ensure the orderly flow of 15 traffic, or to avoid the likelihood of harm to public or private 16 property, provided that nothing in this section authorizes the 17 Chief of police to impose conditions which unre..onably interfere 18 with the right of fre. .pe.ch. 19 12.56.080 Altern.tiv. to denial. 20 When the ground. for denial of an application can be 21 corrected by.ltering the dat., time, duration, route, or 22 loc.tion of tbe event, the Chief of Polic. .hall, inst.ad of 23 d.nying the .pplic.tion, condition.lly .pprove the .pplication 24 upon the applic.nt'. .cc.pt.nce of condition. of permit issuance. 25 The condition. impo.ed .h.ll provide only for .uch modifications 26 of the .pplic.nt'. propo.al a. .r. n.c....ry to .chi.ve 27 compli.nc. with s.ction 12.56.070. 28 9 . o o o o 1 12.56.090 Appeal. 2 A. Any applicant aggrieved by the decision of the Chief of 3 police with reference to the issuance, conditional issuance or 4 denial of a permit, may appeal to the Common Council in 5 accordance with the provisions of Chapter 2.64. 6 B. If there is insufficient time for a timely appeal to be 7 heard by the Common Council prior to the date on which the event 8 is scheduled, the applicant may, at his or her option, request an 9 appeal before the City Administrator. Tbe City Administrator, or 10 his or her designee, shall hold a hearing no later than two 11 business days after tbe filing of the appeal, and wi~l render bis 12 or her decision no later than one business day after bearing the 13 appeal. If the appeal is heard before the City Administrator, 14 the City Administrator's decision shall be final. The City 15 Administrator may iapose any conditions upon approval which the 16 Chief of police could have imposed. 17 12.56.100 Contents of permit. 18 In each permit, tbe Chief of Police sball prescribe: 19 A. The date, ti.e, route or location, 20 B. Coa4itions concerning time and place of assembly, start, 21 finish and disbanding of the parade, 22 C. Conditions concerning accommodation of pedestrian or 23 vehicular traffic, spectators, and the portion of streets to be 24 traversed, 25 D. aequire.ents for first aid or sanitary facilities, 26 B. aequirements for use of event monitors and prOVision of 27 notice of permit conditions to event participants, 28 i I , : i , I I 10 o o o o 1 P. aestrictions on the number and type of vehicles, 2 animals, or structures in the parade and inspection of floats, 3 structures, and decorated vehicles for fire safety I 4 G. Compliance with animal protection ordinances and lawsl 5 H. aequirements for sanitary facilities, clean-up and 6 restoration of City propertYI 7 I. Restrictions on use of amplified sound, and 8 J. Such other requirements as are found to be reasonably 9 necessary for the protection of persons and property. 10 12.56.110 aevocation of permit. 11 Any permit for a parade issued pursuant to this chapter may 12 be summarily revoked by the City Administrator or Mayor and 13 Common Council at any time or by the Chief of Police on the date 14 of the parade when by reason of a present or prospective 15 disaster, riot, pUblic calamity, or other emergency, it is 16 determined that the safety of persons or property requires such 17 revocation. When any permit is revoked pursuant to the 18 provisions of this chapter, the permit shall be reinstated as 19 soon as the conditions constituting the emergency have abated. 20 12.56.120 21 A. The sponsor 22 beverages, ecea:lon 0 23 2. 25 26 27 28 clean-up deposit clean-up deposit resolution adopted deposit shall be r event involving the service of food or use of horses or other large shall be required to provide a the issuance of the parade permit. The the amount established in a fee Common Council. The clean-up parade if the area used for o o o 0, 1 tb. par ad. bas b 2 .xisted prior to 3 B. If tb. pr 4 not been properly c 5 sball b. billed for 6 for clean-up and r 7 applied toward pa restored to the same condition as 8 clean-up d.posi t , 9 City. Any nc.s 10 sponsor. 11 12.56.130 IDd.-nificatioa .'[....at. 12 Prior to tb. is.u.nc. of a parade permit, tb. per.it 13 applic.nt and autborized offic.r of tb. sponsoring organization, 14 if any, must sign an agre.m.nt wbich shall provide tbat the 15 permitt.e/sponsoring organization shall d.fend the City against, 16 and indemnify and hold the City harmless from, any liability to 17 any p.rsons r.sulting from any damage or injury occurring in 18 conn.ction witb tb. permitted .v.nt proximately caused by the 19 actions of tb. per.itt../sponsoring organization, its officers, 20 employ.e. or .,.nt., or any penon wbo wa. und.r the 21 per.itt..../.pon.oring olganization's control insofar as 22 permitted by 1.". penons wbo m.rely join in a parade an not 23 con.id.red by tb.t r.a.onalone to b. .und.r the control. of the 24 p.rmitt../.pon.oring organization. 25 12.56.140 Insuranc.. 26 A. Tb. applicant/spon.or of a par ad. must po.s.ss or obtain 27 public liability insuranc. to prot.ct against the loss from 28 right-of-way used by the parade has aned and re.tored, the sponsor of the parade he actual cost to the City of San Bernardino and tbe clean-up deposit shall be Should tbe costs exceed the sball be due and payable to the shall be refunded to the 12 o o o o 1 liability i.po.ed by law for damages on account of bodily injury 2 and prop.rty damag. arising from the parade. Such insurance 3 sball name on the policy or by .ndors...nt as additional insureds I 4 the City of San B.rnardino, its offic.rs, employe.., and agents. 5 Insuranc. coverage mu.t b. maintained for the duration of the 6 .vent . 7 Cov.rag. .ball b. a compr.h.n.iv. g.neral liability 8 insuranc. policy. Th. minimum limit. required .hall b. one 9 million dollars for .ach occurr.nc. of bodily injury and two 10 hundred fifty thou.and doll.r. for ..ch occurr.nc. of property 11 dam.g.. 12 If food or non-.lcoholic b.ver.g.s .r. .old or ..rv.d ,at th. 13 p.rade, the policy must .1.0 includ. an .ndor....nt for product. 14 liability in .n amount of not l..s than five hundred thousand 15 doll.rs. If alcoholic bev.rag.s .re sold or served at the 16 parade, the policy must al.o includ. an .ndors.m.nt for liquor 17 liability in an amount of not l.s. th.n five hundred thousand 18 doll.rs. 19 B. A copy of tb.policy or . c.rtific.t. of in.urance along 20 with .11 n.c....ry .ndor..m.nt. mu.t b. filed witb the Director 21 of Ri.k M.n.g...nt not le.. tb.n five d.y. b.fore tb. d.te of the 22 par ad. unl... ..id Director for good c.u.. w.iv.. the filing 23 de.dlin.. Tbe p.rad. permit .h.ll not b. i..ued by the Chief of 2. Police until .ft.r tb. in.ur.nce policy or c.rtific.t. of 25 in.ur.nc. .long witb n.c....ry .ndor....nt. h.ve been filed by 26 the .pplic.nt/.ponsor .nd approvp.d by said Director. 27 28 C. Tb. insur.nc. r.quire..nt. of .ubsection. A and B above 13 o o o o 1 sball be waived by the Chief of police for parades if the 2 following conditions are satidiec!: 3 1. The applicant or an officer of the sponsoring 4 organization signs a verified statement that he or she believes 5 the parade's purpose is Pirst Amendment espression, and that he 6 or she has determined that the cost of obtaining insurance is so 7 financially burdensome tbat it would constitute an unreasonable 8 burden on the right of Pirst Amendment espression, or tbat it has 9 been impossible to obtain insurance coverage. Tbe statement 10 shall include the name and address of one insurance agent or 1] other source of insurance coverage contacted to determine 12 insurance premium rates for insurance coverage. 13 12.56.150 Penalties. 14 Any person violating any provision of this cbapter is guilty 15 of an infraction, which upon conviction thereof, is punishable in 16 accordance with the provisions of Section 1.12.010 of this Code. 17 Criminal prosecution for a violation of this chapter does not 18 preclude the City from pursuing any available civil remedies 19 arising from any activity regulated by tbis cbapter.- 20 S~IOR 3. Sections 2.02.100 and 5.04.175 of the San 21 Bernardino Municipal Code are hereby repealed. 22 I SZRlBY CBRTIPY that tbe foregoing ordinance was duly 23 adopted by the Mayor and CODon Council of the City of San 24 Bernardino at a .eeting tbereof, held on 25 the I ;#, day of L?nhy , 198 t , by the 26 following vote, to witl 27 28 14 '0 1 2 3 . 5 6 7 8 9 of 10 11 o o o AYES. NAYS, ABSEN'l'. City Clerk The foregoing ordinance i. hereby approved this day , 198 . Mayor of the City of San Bernardino 12 Approved a. to form. 13 14 ~ h....../J 0 ;, ~~ City At orney 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15