HomeMy WebLinkAbout19-17 - Permits for Special EventsORDINANCE NO. 19-17
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA AMENDING ARTICLE 11 1/2 (REGULATORY PERMITS FOR
SPECIAL EVENTS) OF CHAPTER II (REGULATION OF CERTAIN
BUSINESSES) OF TITLE 9 (LICENSES AND BUSINESS
REGULATIONS) OF THE COSTA MESA MUNICIPAL CODE
WHEREAS, Article 11 1/2 (Regulatory Permits for Special Events) of Chapter II
(Regulation of Certain Businesses) of Title 9 (Licenses and Business Regulation) of the
Costa Mesa Municipal Code establishes regulations relating to permits required for
special events to be held within the City; and
WHEREAS, pursuant to the provisions of Article 11 1/2, the Finance Director is
responsible for overseeing the special events program and issuing special events
permits; and
WHEREAS, in the interest of efficiency, the responsibility of overseeing the special
events program is being transferred from the Finance Department to the Parks and
Community Services Department; and
WHEREAS, the City Council desires to amend the provisions of Article 11 1/2 to
authorize the Parks and Community Services Director to oversee such program and issue
special events permits, and to make other conforming and clarifying changes to Article
11 1/2.
NOW, THEREFORE, THE COSTA MESA CITY COUNCIL DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. The City Council finds that all the facts, findings, declarations and
conclusions set forth in the recitals of this Ordinance are true and correct.
Section 2. Except as provided herein, the remaining provisions of Chapter II of
Title 9 of the Costa Mesa Municipal Code shall remain in full force and effect.
Section 3. Article 11 1/2 (Regulatory Permits for Special Events) of Chapter II
(Regulation of Certain Businesses) of Title 9 (Licenses and Business Regulations) ofthe
Costa Mesa Municipal Code is hereby deleted in its entirety and replaced with the
following:
ARTICLE 111/2. REGULATORY PERMITS FOR SPECIAL EVENTS
9-205. Definitions.
For the purposes of this article, the following definitions shall apply unless the context
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clearly indicates or requires a different meaning.
"Applicant" means the person, corporation, association, partnership, or other legal entity
submitting the application for a permit.
"Athletic event" means any event in which a group of persons collectively engage in a
sport or form of physical exercise on or within a city street, parking facility, sidewalk or
other public right-of-way, including, but not limited to running, jogging, racing, bicycling,
rollerblading and roller skating, other than a group of people participating in a parade or
public assembly.
"Chief of police" means the Chief of Police of the City of Costa Mesa, or his/her designee.
"City" means the City of Costa Mesa.
"City council" means the City Council of the City of Costa Mesa.
"City manager" means the City Manager of the City of Costa Mesa, or his/her designee.
"Departmental service charges" means the actual costs which a department of the city
incurs in connection with activities for which a permit is required under this article,
including, but not limited to, costs associated with fire safety, traffic and/or pedestrian
control, water safety, the closure of streets or intersections, the diverting of traffic, the
salaries of city personnel involved in administration or coordination of city services for the
event, the cost to the city to provide support personnel, equipment, materials and
supplies, and related city costs such as fringe benefits or employee overtime.
Departmental services charges shall not include costs incurred by the city to provide
police protective services to those engaged in activities or conduct for which a permit is
required pursuant to this article.
"Director" means the Director of Finance Parks and Community Services Director of the
City of Costa Mesa, or his/her designee.
"Event organizer" means any person who conducts, manages, promotes, organizes, aids
or solicits attendance at a special event.
"Indigent natural person" means a person eligible for relief and support in the County of
Orange as an indigent person under section 17000 et seq., of the California Welfare and
Institutions Code or as said section(s) is/are amended from time to time.
"Parade" means a parade, procession, march, demonstration, motorcade, promenade or
pageant consisting of persons, animals, or vehicles or a combination thereof, traveling in
unison and having a common purpose, design, destination or goal which is conducted in,
on, upon, or along any public street, sidewalk or other property owned or controlled by
the city, or any portion thereof, which does not comply with normal and usual traffic
regulations or control or which may impede, obstruct, impair or interfere with the free use
Ordinance No. 19-17 Page 2 of 17
of such public street, sidewalk or other public property of the city.
"Person" as used in this article, means any natural person, firm, association, joint venture,
joint stock company, partnership, organization, club, company, corporation, business trust
or manager, lessee, agent, servant, officer or employee or any of them, except where the
context clearly requires a different meaning.
"Public assembly" shall mean any group of fifty (50) or more persons participating in an
organized activity having a common purpose (other than employees acting within the
course and scope of their employment) on or within a city street, city park, parking facility,
sidewalk or other public right-of-way, other than a group of people participating in an
athletic event or parade.
"Sidewalk" means that portion of a highway, other than the roadway, set apart by curbs,
barriers, markings, or other delineation for pedestrian travel.
"Special event" means an organized activity, public assembly or event involving fifty (50)
or more people, and to which the public is invited to watch, listen or participate, including,
but not limited to, the following:
(1) Motorized vehicle races or contests.
(2) Carnivals, circuses, fairs, festivals, nondomesticated animal act or exhibition, and
similar activities.
(3) Any event with mechanical amusement rides.
(4) Promotional or fund-raising activities.
(5) Outdoor athletic events.
(6) Parades.
(7) Outdoor public assemblies.
(8) Any event that will take place on a public right-of-way within the boundaries of the
City of Costa Mesa or on other property owned or occupied by the City of Costa Mesa.
(9) Outdoor shows, concerts and exhibitions.
(10) Outdoor craft fairs, soapbox derbies, or other similar events.
(11) Any event, regardless of the number of people involved, requiring full or partial
street closure that occurs on a city street, sidewalk, alley or other public right-of-way,
and/or which is likely to obstruct, delay or interfere with the normal flow of pedestrian or
vehicular traffic.
Ordinance No. 19-17 Page 3 of 17
"Special event permit" or "permit" means a permit issued pursuant to this article.
"Street" means a way or place of whatever nature, publicly maintained and open to use
of the public for purposes of vehicular travel. Street includes highways or alleys.
"Venue" means the specific property, area or site for which a special event permit has
been issued.
9-206. Permit required.
(a) It is unlawful for any person to hold, engage in, or conduct, within the City of Costa
Mesa, any special event subject to the provisions of this article and not expressly exempt
hereunder without having obtained a valid permit.
(b) The director is authorized to issue permits for special events pursuant to the
procedures established in this article.
(c) It is unlawful for any person to hold or conduct any outdoor special event subject to
the provisions of this article between the hours of 11:00 p.m. and before 7:00 a.m., unless
approved by the director.
(d) Issuance of a special events permit pursuant to this article does not obligate or
require the city to provide city services, equipment or personnel in support of an event
although the director may provide such services, equipment or personnel if such are
reasonably available and the event organizer makes provisions to reimburse the city for
the cost thereof.
9-207. Exceptions to special event permit requirement.
A special event permit is not required for the following activities:
(a) Any activity or event held or conducted solely on private property and such activity
or event meets all of the following requirements:
(1) Does not involve the use of, or have a substantial impact on traffic, public property
or facilities and which may require the provision of city public services in response thereto;
and
(2) Does not use amplified sound outdoors; and
(3) Does not involve the use of any pyrotechnic device as defined in California Health
and Safety Code section 12526; and
(4) Does not involve the construction or installation of any temporary or permanent
tents, canopies or other structures if the construction or installation requires a permit from
Ordinance No. 19-17 Page 4 of 17
the city's fire and/or development services department; and
(5) Does not involve the use of any exotic or nondomesticated animals, or mechanical
amusement rides.
(b) Funeral processions by a licensed mortuary or funeral home.
(c) Any activities or events held or conducted by or on behalf of the City of Costa Mesa,
a public or private school, college or school district, the State of California or other
governmental entity or any church that is legally operated in the city or has city approval
to operate as a church either through a conditional use permit or master plan approval,
so long as the activity or event is conducted on property owned, used, or leased by the
entity or its sponsor and is for the benefit of the entity that owns the property on which the
activity takes place.
(d) Any activity or event on publicly owned property for private parties that are not open
to the general public that only requires a park reservation permit from the parks and
community services department pursuant to Title 12, section 12-53.
(e) Filming activities governed by Title 9, Chapter V.
(f) Block parties governed by Title 9, Article 11 3 / 4.
(g) Events which take place on public sidewalks or other public rights -of -way owned or
controlled by the city including, but not limited to, lawful picketing wherein applicable traffic
regulations, laws or controls are complied with.
9-208. Application for permit.
(a) An application for a permit required by this article shall be filed with the director on
a form furnished by or acceptable to the director, and signed by the applicant under
penalty of perjury. If the application is filed by an organization, the application shall be
prepared, signed under penalty of perjury and filed by an officer of such organization, who
is not less than eighteen (18) years of age. An indigent natural person may only apply on
his/her own behalf and cannot apply on behalf of another person, corporation,
association, partnership or other legal entity.
(b) A completed application shall be filed not less than fifteen (15) working days, nor
more than six (6) months before the date of the proposed special event. However, it is
recommended that a completed application be filed at least thirty (30) calendar days prior
to the proposed special event to accommodate unforeseen circumstances or delays. If
an applicant for a special event desires to ensure the opportunity for an appeal to the city
council in accordance with section 9-208.6, the application shall be filed with the director
not less than sixty (60) calendar days, nor more than six (6) months before the date of
the proposed special event. Applications filed less than sixty (60) calendar days prior to
the proposed special event shall not be subject to appeal to the city council and the
Ordinance No. 19-17 Page 5 of 17
decision of the director shall be final. In the event that the decision of the director becomes
final, the event organizer or other affected person may then file a petition for writ of
mandate pursuant to California Code of Civil Procedure section 1094.6 or 1094.8
regarding the validity of the director's decision to grant or deny the application.
(c) No application filed for a special event proposed to be scheduled fewer than fifteen
(15) working days from the filing of an application will be accepted unless such special
event is precipitated by news, circumstances or events coming into public knowledge
fewer than fifteen (15) working days before the proposed event. The application shall be
accompanied by a declaration under penalty of perjury demonstrating that the failure to
submit a timely application was not within the applicant's control because the precipitating
news, circumstances or events did not exist or could not have been known to the applicant
in time to file a timely application under this article. An application with such declaration
shall be deemed to be a request for expedited review. Under such expedited review, the
director will issue the permit, with or without conditions, by the end of business of the third
working day after acceptance of a completed application unless the director makes a
finding requiring denial pursuant to section 9-208.4. The applicant will be charged for the
actual costs incurred for the expedited review and for any increases in the cost of services
attributable to the shortened review period. Such costs may include, but are not limited
to, any staff overtime. The decision of the director shall be final and not subject to appeal
to the city council. The applicant may file a petition for writ of mandate pursuant to
California Code of Civil Procedure section 1094.6 or 1094.8 challenging the validity of the
director's decision.
(d) An application will be deemed complete, unless within three (3) working days, the
applicant is given written notice that the application is not complete and told what
information is missing, either in person or by a letter addressed to the applicant and
deposited in the U.S. mail. Notwithstanding the director's acceptance of a completed
application, no special event date shall be considered confirmed until a special event
permit is issued pursuant to section 9-208.3.
9-208.1. Permit application —Fee.
(a) All applications shall be submitted with payment of a nonrefundable application fee
established by resolution of city council, unless said special event is funded in full or in
part by the city, or said fee is waived by the director. Any application submitted without
said application fee shall be deemed incomplete.
(b) Any indigent natural person who cannot apply for a permit because of an inability to
pay the required application fee due to such indigence shall not be required to pay said
application fee set forth in subsection (a). Application for indigent status shall be made at
the time of submission of the permit application and shall be accompanied by such
relevant information and documentation as may, in the opinion of the director, be
reasonably necessary to verify such status.
9-208.2. Application contents.
Ordinance No. 19-17 Page 6 of 17
(a) The application for all special events shall contain the following information:
(1) The name, address and telephone number of the applicant, the event organizer and
an alternative person who may be contacted if the event organizer is unavailable.
(2) If the applicant is an organization, the name, address and telephone number of the
organization, the authorized head of the organization, and written authorization from the
organization verifying the organization's designation of a person as the applicant.
(3) The name, address and telephone number of the person who will be present and in
charge of the special event on the day of the special event.
(4) A description of the nature or purpose of the special event for which the permit is
requested and an estimate of the maximum number of persons who will be attending the
special event.
(5) Date(s) and estimated starting and ending time of the special event.
(6) Location of the special event, including its boundaries, the street or other public
property and the specific area or areas thereof that will be utilized in connection the
proposed special event, or if on private property, the business name, street address and
telephone number at which the special event or activity will be conducted.
(7) The type and estimated number of vehicles, animals or structures that will be used
at the special event.
(8) The provision and/or operation of first aid or emergency aid stations at the special
event.
(9) The provision and/or operation of sanitary facilities, including handicap accessible
sanitary facilities.
(10) Whether any food or beverages, including alcoholic beverages, will be sold at the
special event.
(11) The type of security or other arrangements that will be provided to ensure that
participants are properly directed and prevention of unlawful conduct by participants and
attendees.
(12) Anticipated parking needed and parking plan for the special event.
(13) A proposed plan for seating for the special event, if applicable and the maximum
legal occupancy of the proposed premises, if applicable.
(14) A security plan for control of pedestrian and vehicular traffic including the provision
Ordinance No. 19-17 Page 7 of 17
and use of traffic cones or barricades.
(15) Whether sound amplifications equipment will be used and a plan for control of
noise, including but not limited to the noise generated by amplification equipment, motors
and other equipment, that may affect nearby premises, with special attention to prevention
of noise nuisance to nearby residences, if any, subject to the standards of the city's noise
ordinance.
(16) A detailed floor plan and site plan of the premises showing the building interior and
exterior grounds, including parking spaces, amusement ride location, seating
arrangements, dance floor area, bar location, fire exits, and the dimensions of each
portion with the layout of the special event, when applicable.
(17) A trash and litter collection and off -site disposal plan.
(18) The manner of providing notice of the permit conditions to permit participants and
those businesses or residents who may be directly affected by the conduct of the special
event.
(19) Such other information pertaining to public health and safety that the applicant may
wish to include.
(20) The application form shall inform the applicant of his/her right to appeal.
(b) The application for special events such as parades or public assemblies that require
full or partial street closures, shall, in addition to the above information contain the
following information:
(1) The assembly point for the special event and the time at which people and/or units
of the special event will begin to assemble and the location of the disbanding area.
(2) The proposed route to be traveled and the time that the special event will start and
conclude.
(3) Whether the parade or other special event will occupy all or only a portion of the
streets proposed to be traveled.
(4) An estimate of the approximate number of persons who will be participating in the
special event and an estimate of the approximate number of persons who will be
observing the special event.
(5) The maximum length of the special event in miles or fractions thereof.
(6) The number and type of vehicles in the special event, if any.
(7) If the special event assembly or disbanding is to be conducted on private property,
Ordinance No. 19-17 Page 8 of 17
the applicant must submit with the application, proof of the property owner's permission
for the property to be used for that purpose.
9-208.3. Action by director upon application.
(a) Upon the filing of a completed application, the director shall refer the application to
such appropriate city departments, as he/she deems necessary from the nature of the
application for review, evaluation, investigation and recommendations by the
departments regarding approval or disapproval of the application and the estimated
number of hours of service that will be incurred by each department in connection with
the permit.
(b) In determining whether to approve an application, no consideration may be given to
the message of the event, the content of speech, the identity or associational relationships
of the applicant, or to any assumptions or predictions as to the level or nature of emotion
which may be aroused in the public by the content of speech or message conveyed by
the event.
(c) Within thirteen (13) working days of the filing of a completed application, the
investigation shall be completed, and the director shall issue a permit, with or without
conditions, unless the director makes a finding requiring denial pursuant to section 9-
208.4. The director, or designee, shall notify the applicant of his/her action pursuant to
section 9-208.5.
(d) The director shall impose conditions on any permit issued pursuant to this article to
coordinate multiple uses of public property, assure preservation of public property and
public places, prevent dangerous, unlawful or impermissible uses, protect the safety of
persons and property and to control vehicular and pedestrian traffic in and around the
venue, provided that such requirements shall not be imposed in a manner that will
unreasonably restrict activities or conduct protected by the California or United States
constitutions. Conditions may include, but are not limited to, thefollowing:
(1) The establishment of an alternate assembly or disbanding area for a parade or like
event within the pre -designated event routes established by the city council pursuant to
section 9-208.9;
(2) The accommodation of a special event's pedestrian and vehicular traffic, including
restricting special events to city sidewalks, portions of a city street, or other public right-
of-way;
(3) Conditions designed to avoid or lessen interference with public safety functions
and/or emergency service access;
(4) The number and type of vehicles, animals, or structures to be displayed or used in
the special event;
Ordinance No. 19-17 Page 9 of 17
(5) The inspection and approval by city personnel of stages, booths, floats, structures,
vehicles or equipment to be used or operated in the special event to ensure that such
structures or vehicles are safely constructed and can be safely operated, and conform to
the requirements of all applicable codes;
(6) The provision and use of traffic cones or barricades in a manner and number
established by standard conditions adopted by separate council resolution;
(7) The provision or operation of first aid stations or sanitary facilities, including
handicap accessible sanitary facilities in a manner and number established be standard
conditions established by separate council resolution;
(8) The provision of a waste management plan, and the cleanup and restoration of the
special event venue as established by standard conditions adopted by separate council
resolution;
(9) Restrictions consistent with the city's noise ordinance on the use of sound
amplification equipment, and restrictions on the amount of noise generated by motors and
other equipment used in the course of the special event;
(10) The manner of providing notice of the permit conditions to permit participants and
those businesses or residents who may be directly affected by the conduct of the special
event;
(11) The provision or use of emergency services;
(12) The obtaining of any and all business licenses or other necessary permits required
by this Code for the sale of food, beverage or other goods or services at the event; and
(13) The manner by which alcohol sales and service, if any, shall be conducted at the
event.
9-208.4. Permit —Denial.
(a) The director shall deny an application for a permit or revoke any permit if the director
finds any of the following:
(1) The application contains materially false or intentionally misleading information;
(2) The event or activity is proposed to be located or is located in or upon a premises,
building or structure which is hazardous to the health or safety of the employees or
patrons of the premises, business, activity, or event, or the general public, under the
standards established by the Uniform Building or Fire Codes set forth in Title 5 of this
Code;
(3) The event or activity is proposed to be located or is located in or upon a premises,
Ordinance No. 19-17 Page 10 of 17
building or structure which lacks adequate on -site parking for participants attending the
proposed event or activity, under the applicable standards set forth in Title 13 of this Code;
(4) The event or activity is in conflict with other applicable provisions of any federal,
state and/or local laws;
(5) The event or activity is scheduled to occur at a location and time in conflict with
another event or activity scheduled for the same day or weekend where such conflict
would adversely impact on the city's ability to provide adequate city services in support
of other scheduled events or scheduled government functions;
(6) The event will substantially interrupt public transportation or other vehicular and
pedestrian traffic in the area of its location;
(7) The event will require the diversion of public safety or other city employees from
their normal duties so as to unreasonably reduce adequate levels of service or municipal
functions to any other portion of the city;
(8) The concentration of persons, animals or vehicles will unreasonably interfere with
the movement of police, fire, ambulance, and other public safety or emergency vehicles
on the streets;
(9) The event or activity will have a substantial adverse impact on the health and safety
of the general public, residents and businesses within a five hundred (500)-foot radius of
the event or violate the city's noise ordinance;
(10) The event or activity will take place in an area of the city scheduled or on any public
right-of-way that is scheduled for maintenance, construction or repair prior to the
application for the event and the conduct of the event would interfere with such
maintenance, construction or repair or the maintenance, construction or repair would
represent a threat to the health or safety of the participants in the event;
(11) The ability of persons to enter and exit residential or business properties impacted
by the event will be unreasonably impaired considering factors such as the duration, size
and scope of the event;
(12) The proposed use, event or activity will have a significant adverse environmental
impact;
(13) The applicant has violated significant condition(s) of a previous permit issued for
the same or similar event within the prior thirty-six (36) months. The city shall notify the
applicant in writing of any such violations within sixty (60) days of the violation.
(b) When the grounds for denial of an application is based on any of the circumstances
specified in subsections (1)—(13) above which can be corrected by altering the date,
time, duration, route, or location of the special event, the director shall, instead of denying
Ordinance No. 19-17 Page 11 of 17
the application, conditionally approve the application upon the applicant's acceptance of
conditions for permit issuance. The conditions imposed shall provide for only such
modification of the applicant's proposed special event as are necessary to achieve
compliance with subsections (1)—(13) above.
9-208.5. Notice to applicant of action on application.
Within thirteen (13) working days of the filing of a completed application, the director, or
designee, shall provide notice to the applicant of the action taken by telephone and by
written notice via personal delivery or facsimile if the applicant provides a fax number,
together with a list of conditions imposed if the application has been granted or, if the
application has been denied, the specific factual reason for the denial pursuant to section
9-208.4. Unless the applicant has not allowed sufficient time to appeal to the city council
pursuant to section 9-208(b), the notice shall inform the applicant of his right to appeal to
the city council the denial of his application or any of the conditions imposed on the
granting of the application and shall state the last date on which such an appeal may be
filed, which shall be the seventh day after the date on which the notice was delivered,
personally or via facsimile, to the applicant. If the decision of the director is final, the notice
shall inform the applicant of his right to file a petition for writ of mandate pursuant to
California Code of Civil Procedure section 1094.6 or 1094.8.
9-208.6. Appeals to city council; notice and hearing.
An applicant whose application for a permit under this article has been denied or has
been granted conditionally may appeal such decision by filing an appeal with the city clerk
in accordance with Title 2, Chapter XI of this Code, unless the applicant has not allowed
sufficient time to appeal to the city council pursuant to section 9-208(b). The applicant, by
written request, may waive the time limits for the hearing on appeal to the city council
except the time within which an appeal may be filed.
9-208.7. City council action upon appeal.
After a hearing and consideration of the report and recommendation of the director, and
any written materials submitted by the applicant or other affected person(s), the city
council shall either grant the permit, grant the permit with conditions, or deny the permit
upon determining that issuance thereof would result in any one of the circumstances set
forth in section 9-208.4. The decision on appeal by the city council shall be based on
written findings, shall be final and conclusive on the matter, and subject to review pursuant
to California Code of Civil Procedure section 1094.6 or 1094.8.
Ordinance No. 19-17 Page 1 of 17
9-208.8. Departmental service fees.
(a) In addition to the nonrefundable permit application fee, any user fees or other fee
prescribed by resolution of the city council, an applicant shall pay the city for all city
department service charges incurred in connection with or due to the applicant's activities
under the permit. If city property is destroyed or damaged by reason of the applicant's
use, event or activity, the applicant shall reimburse the city for the actual replacement or
repair cost of the destroyed or damaged property.
(b) Departmental service fees will be established by separate city council resolution that
will reflect the city's full cost of providing personnel on an hourly basis at rates established
in accordance with city personnel rules and regulations and conditions contained within
memoranda of understanding between the city and employee labor organizations.
(c) At least two (2) days prior to a special event permitted under this article, the applicant
shall pay to the city a deposit in an amount sufficient to cover the total estimated city
departmental services charges identified pursuant to section 9-208.3 that will be incurred
by the city in connection with the permit. Said deposit shall be paid in cash or other
adequate security as determined by the director. An applicant may appeal pursuant to
section 9-208.6 the determination of the amount of the deposit determined under this
section.
(d) City departments shall submit the final invoices and billings for departmental
charges to the applicant no later than twenty (20) working days after the expiration date
of the permit. If the deposit is less than the final charges the applicant shall pay the
difference to the city within ten (10) working days of being invoiced for such charges from
the city. If the deposit is more than such final charges, the city shall refund thedifference
to the applicant within the sixty (60) days after the event.
(e) Any indigent natural person who cannot apply for a permit because of an inability to
pay the required departmental service fees due to such indigency shall not be required to
pay said departmental service fees set forth in this section. Application for indigent status
shall be made at the time of submission of the permit application and shall be
accompanied by such relevant information and documentation as may, in the opinion of
the director, be reasonably necessary to verify such status.
9-208.9. Event routes.
(a) The city council shall, by separate resolution, establish pre -designated event routes
within the city for those events requiring either full or partial street closures.
(b) Any event requiring full or partial street closures shall not be conducted on streets
classified by the City as arterial streets between the hours of 7:00 a.m. to 9:00 a.m. and
4:00 p.m. to 7:00 p.m. Monday through Friday, excluding holidays.
9-208.10. Insurance and indemnity requirements.
Ordinance No. 19-17 Page 2 of 17
(a) For all special events subject to the requirements of this article the director shall
require as a condition of the issuance of a permit and the applicant shall obtain, furnish
proof of and maintain a policy of insurance issued by an insurance company authorized
to do business in the State of California. The insurance policy shall be endorsed to name
the City of Costa Mesa and its elected and appointed boards, officers, agents, and
employees as an additional insured, and shall provide that any other insurance
maintained by the City of Costa Mesa shall be in excess and not contributing with the
insurance coverage provided to the City of Costa Mesa under the applicant's policy. The
minimum limits of liability shall conform to a schedule which shall be adopted by resolution
of the city council; provided, however, that in no case shall the minimum limits of liability
be lower than one million dollars ($1,000,000.00) combined single limits, per occurrence
and in the aggregate.
(b) The applicant shall also be required to sign an indemnity agreement in a form
approved by the city attorney which shall expressly provide that the applicant agrees to
defend, protect, indemnify and hold the city, its officers, employees and agents free and
harmless from and against any and all claims, damages, expenses, loss or liability of any
kind or nature whatsoever arising out of, or resulting from, the alleged acts or omissions
of applicant, its officers, agents or employees in connection with the permitted event or
activity; and the permit shall expressly provide that the applicant shall, at applicant's own
cost, risk and expense, defend any and all claims or legal actions that may be commenced
or filed against the city, its officers, agents or employees, and that the applicant shall pay
any settlement entered into and shall satisfy any judgment that may be rendered against
the city, its officers, agents or employees as a result of the alleged acts or omissions of
applicant or applicant's officers, agents or employees in connection with the uses, events
or activities under the permit. If an applicant provides proof that such insurance
obligations pursuant to subsection (a) provides contractual liability that provides coverage
for any obligations contemplated by the indemnity provisions herein, city agrees not to
enforce said indemnity agreement against the applicant.
(c) Any indigent natural person who cannot apply for a permit because of an inability to
pay for the required insurance due to such indigence shall not be required to provide the
insurance obligations set forth in subsection (a) or sign an indemnity agreement required
by subsection (b). Application for indigent status shall be made at the time of submission
of the permit application and shall be accompanied by such relevant information and
documentation as may, in the opinion of the director, be reasonably necessary to verify
such status.
9-208.11. Revocation or suspension of permit.
(a) A permit issued under this article shall be revoked or suspended by the director or
chief of police if he/she finds that one or more of the following exists and has not been
corrected by the applicant after reasonable notice of the existence of the condition has
been given:
Ordinance No. 19-17 Page 3 of 17
(1) The permit is being used to conduct an activity different from that for which it was
issued;
(2) That one (1) or more of the conditions listed in section 9-208.4 exists;
(3) That the activity is being conducted in a manner which violates one (1) or more of
the conditions imposed upon the issuance of the permit or fails to conform to the plans
and procedures described in the application;
(4) The applicant violates or attempts to violate any federal, state or local laws and
regulations;
(5) The special event is being conducted in a fraudulent or disorderly manner, or in a
manner which endangers the public health or safety.
(b) Such revocation or suspension shall become effective immediately upon order of
the director or chief of police and shall remain in effect until the applicant has corrected
the violation or the permit has expired on its own terms.
(c) In the event a permit is revoked or suspended pursuant to the provisions of this
section, another permit shall not be granted to the applicant within twelve (12) months
after the date of such revocation or suspension. The director or chief of police's
determination to revoke or suspend a permit shall be based upon written findings and
shall be final and conclusive in the matter, and subject to California Code of Civil
Procedure section 1094.6 or 1094.8.
9-208.12. Interfering with special event prohibited.
It is unlawful for any person to obstruct, impede or interfere with any authorized person,
vehicle or animal participating in a special event for which a special event permit has been
issued.
9-208.13. Penalty for violation.
(a) A violation of this article shall be considered a misdemeanor and may be punished
as such, however, at the discretion of the city attorney, the violation of any provisions of
this article may be filed as an infraction. The complaint charging such violation shall
specify whether the violation is a misdemeanor or an infraction.
(b) The holding or conducting of any special event subject to the provisions of this article
without a valid permit issued pursuant to the provisions of this article, unless expressly
exempt hereunder, is hereby declared a public
Section 4. Inconsistencies. Any provision of the Costa Mesa Municipal Code or
appendices thereto inconsistent with the provisions of this Ordinance, to the extent of
Ordinance No. 19-17 Page 4 of 17
such inconsistencies and no further, is hereby repealed or modified to that extent
necessary to affect the provisions of this Ordinance.
Section 5. Severability. If any chapter, article, section, subsection, subdivision,
sentence, clause, phrase, word, or portion of this Ordinance, or the application thereof to
any person, is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portion of this Ordinance or its application to other persons. The City Council hereby
declares that it would have adopted this Ordinance and each chapter, article, section,
subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective
of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases,
or portions of the application thereof to any person, be declared invalid or unconstitutional.
No portion of this Ordinance shall supersede any local, state, or federal law, regulation,
or codes dealing with life safety factors.
Section 6. Effective Date. This Ordinance shall take effect thirty (30) days after its
final passage.
Section 7. Certification. The City Clerk shall certify the passage and adoption of
this Ordinance and shall cause the same to be posted or published in the manner as
required by law.
PASSED AND ADOPTED on this 1st day of October, 2019.
ATTEST:
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Brenda Green, ity Clerk
APPROVED AS TO FORM:
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;Ki4berlyy I Barlow, City Attorney
Ordinance No. 19-17 Page 5 of 17
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that the above and foregoing Ordinance No. 19-17 was duly adopted at a regular meeting
of the City Council held on the 1 st day of October, 2019, by the following roll call vote, to
wit:
AYES: COUNCIL MEMBERS: CHAVEZ, GENTS, MANSOOR, MARK, REYNOLDS,
STEPHENS, FOLEY.
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 2"d day of October, 2019.
BRENDA GREEN, CITY CLERK
Ordinance No. 19-17 Page 6 of 17