Agenda Item No: 2.a
PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: April 15, 2025
Submitted by: Lydie Gutfeld
From: Community Services
Subject:
Public Hearing and Consideration of the Ordinance of the City Council of the City of Placentia, California amending the Municipal Code to establish a comprehensive regulatory framework for city special events on public property. Determination that the adoption of the Ordinance is exempt under the California Environmental Quality Act.
Financial Impact:
Fiscal Impact:
There is no fiscal impact to the City's General Fund for this item.
Summary:
This Ordinance amends Title 14 (Public Property) of the City of Placentia Municipal Code with the addition of Chapter 14.18 (Special Events Permit) which provides a full regulatory scheme for special events and a process for obtaining special event permits. In addition, it amends Section 10.28.010 (Drinking in Public) of Chapter 10.18 (Intoxication) of Title 10 (Peace, Morals, and Safety) of the City of Placentia Municipal Code to allow the use of alcohol at a special event with the issuance of a special event permit. This Ordinance also repeals Chapter
13.60 (Parades – Assemblages as those regulations are now codified in Chapter 14.18.
Finally, it amends Title 1 (General Provisions) Chapter 1.14 (Temporary Suspension of Regulatory Ordinances) of the City of Placentia Municipal Code granting the City Administrator the ability to suspend provisions of the Municipal Code, with regard to special events.
Recommendation:
Recommended Action: It is recommended that the City Council take the following actions to:
1. Open the Public Hearing to consider proposed Special Event Permit and Application Procedure Ordinance; and
2. Received the Staff report, consider all public testimony, ask any questions of Staff; and
3. Close the Public Hearing; and
4. Determine that the adoption of Ordinance No. O-2025-03 is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines section 15061 (b)(3); and
5. Waive full reading, by title only, and introduce for first reading of Ordinance No. O-2025- 03, an Ordinance of the City Council of the City of Placentia, California amending Title 1 (general provisions), Chapter 14 (temporary suspension of regulatory ordinances) amending Section 10.28.010 (drinking in public) of Chapter 10.18 (intoxication) of Title 10 (peace, morals and safety), repealing Chapter 13.60 (parades - assemblages) of Title 13 (vehicles & traffic) and amending Title 14 (public property) with the addition of 1 Chapter 14.18 (special events permit), to establish a comprehensive regulatory framework for city special events on public property; and by title only, and introduce for first reading of Ordinance No. O-2025-03, an Ordinance of the City Council of the City of Placentia, California amending Title 1 (general provisions), Chapter 14 (temporary suspension of regulatory ordinances) amending Section 10.28.010 (drinking in public) of Chapter 10.18 (intoxication) of Title 10 (peace, morals and safety), repealing Chapter
13.60 (parades - assemblages) of Title 13 (vehicles & traffic) and amending Title 14 (public property) with the addition of Chapter 14.18 (special events permit), to establish a comprehensive regulatory framework for city special events on public property; and
6. Authorize the Interim City Administrator to execute all necessary documents, in a form approved by the City Attorney.
Strategic Plan Statement:
This item is consistent with the City Council approved 5-Year Strategic Goal to implement Goal 1: ensuring long-term fiscal sustainability and Goal 2: Increase Community Engagement.
This project meets this goal of long-term fiscal sustainability by putting in place a special event permit that will have fees for the ordinance and fees for utilization of city staff and equipment.
This project meets the goal of increased community engagement by providing a streamline process for special events within the City of Placentia that would allow for the special event permit to allow alcohol use at these events that are highly attended by the community.
Discussion:
The proposed ordinance introduces a new Special Event Permit process and includes amendments to related sections of the municipal code. The update is necessary to ensure compliance with current laws, address First Amendment considerations, and modernize outdated provisions. In addition, the proposed ordinance provides a higher level of efficiency and effectiveness in the logistical preparation for city wide events and events with City Partnership to include the temporary suspension of regulatory ordinances that pertain to alcohol sales and loud noise from entertainment.
Council previously expressed a preference for a streamlined process, particularly regarding the recurring need to waive the city’s alcohol ordinance for annual events. This prompted a review of the existing code; however, due to shifting priorities and leadership changes, the update was delayed. The revised ordinance aims to simplify the permitting process while maintaining regulatory compliance.
It is the purpose and intent of the City Council to establish standards for the issuance of a permit for special events to use City streets, parks, facilities and services. It is recognized that these special events enhance the City’s lifestyle and provide benefits to the citizens through the creation of unique venues for entertainment that are not normally provided as part of governmental services. It is further intended to create a mechanism for cost recovery for special events without adversely impacting those events that contribute to the community. It is also the intent of the City Council to protect the rights of its citizens to engage in protected free speech expression activities. Consequently, it is not the intent of this ordinance to regulate conduct, the sole or principal object of which is the expression, dissemination or communication by verbal, visual, literary or auditory means of opinion, views or ideas which are protected by the First Amendment of the United States Constitution or Article 1, Section 2 of the California Constitution.
Due to numerous requests for financial assistance with City Supported events from local and 2 regional non-profit organizations, staff felt it was crucial to outline the procedure of waiving fees from a cost recovery perspective.
To summarize the cost recovery section of the ordinance: Unless otherwise specified or waived by the City Council, the City Administrator shall assess charges for all City personnel involved in an Event or the permit processing. These charges shall be based on the approved cost recovery schedule set by the City Council in the resolution governing fees and charges or, if not referenced in the resolution, the actual cost of such personnel. Additionally, actual costs may be charged for the use of City equipment and other non-personnel expenses associated with the Event.
The Interim City Administrator may require prepayment of these fees or a reasonable estimate of such costs at the time the completed application is approved. However, the Interim City Administrator may extend the deadline for filing or payment for good cause, or the City may waive all or part of the expense reimbursement under the conditions outlined below. The reasonable estimate may be based on costs incurred by the City in previous years for the same or similar events.
The issuance of a permit under this Chapter does not obligate the Interim City Administrator to provide City services, equipment, or personnel in support of an Event.
The City Council may waive the City’s right to seek reimbursement under the following conditions:
1. The Event serves a public purpose and provides a benefit to City residents; and
2. The permittee is unable to generate sufficient revenue from the Event to cover City costs.
When determining whether an Event serves a public purpose, the following factors may be considered:
a. W hether the Event is organized and conducted by a tax-exempt nonprofit organization that operates within or provides substantial services to the City; b. Whether the organization benefits the general public and does not exclude participation (even if an admission or participation fee is required); and c. Whether City-provided services will enhance crowd or Event control and improve overall public safety.
T h e ordinance has been reviewed at length by City Attorney, Community Services, Public Works, Fire and Police Department heads.
Fiscal Impact Summary:
Fiscal Impact:
No financial impact.
Attachments
Special Event Ordinance final 3.14.25.docx
3 ORDINANCENO. O-2025-__
AN ORDINANCEOF THE CITY COUNCILOF THE CITY OF
PLACENTIA, CALIFORNIA AMENDING TITLE 1
(GENERAL PROVISIONS), CHAPTER 14 (TEMPORARY
SUSPENSION OF REGULATORY ORDINANCES),
AMENDING SECTION 10.28.010 (DRINKING IN PUBLIC)
OF CHAPTER 10.18 (INTOXICATION) OF TITLE 10
(PEACE, MORALS AND SAFETY),REPEALINGCHAPTER
13.60 (PARADES - ASSEMBLAGES) OF TITLE 13
(VEHICLES & TRAFFIC) AND AMENDING TITLE 14
(PUBLIC PROPERTY) WITH THE ADDITION OF CHAPTER
14.18 (SPECIAL EVENTS PERMIT), TO ESTABLISH A
COMPREHENSIVE REGULATORY FRAMEWORK FOR
CITY SPECIAL EVENTS ON PUBLIC PROPERTY.
City Attorney Summary
This Ordinance amends Title 14 (Public Property) of the City of Placentia Municipal Code with the addition of Chapter 14.18 (Special Events Permit) which provides a full regulatory scheme for special events and a process for obtaining special event permits. In addition, it amends Section
10.28.010 (Drinking in Public) of Chapter 10.18 (Intoxication) of Title 10 (Peace, Morals, and Safety) of the City of Placentia Municipal Code to allow the use of alcohol at a special event with the issuance of a special event permit. This Ordinance also repeals Chapter 13.60 (Parades – Assemblages as those regulations are now codified in Chapter 14.18.
Finally, it amends Title 1 (General Provisions) Chapter 1.14 (Temporary Suspension of Regulatory Ordinances) of the City of Placentia Municipal Code granting the City Administrator the ability to suspend provisions of the Municipal Code, with regard to special events.
A.Recitals
WHEREAS, the City of Placentia has the authority, under its police power, to enact regulations for the public peace, morals, and welfare of the City; and WHEREAS, the City Council recognizes the substantial community benefits that may result from community events such as providing cultural enrichment, promote economic vitality,and enhance community identity; and
WHEREAS, the City Council of the City of Placentia desires to adopt a regulatory ordinance for the regulation of special events and for the more efficient processing of special event permits with an administrative process.
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B.Ordinance
NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF PLACENTIA, HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 1.14 of Title 1 of the Placentia Municipal Code is hereby amended by adding new Section 1.14.015 as follows:
1.14.015 Special Event definition.
“Special Event” means an event for which a Special Event Permit is issued pursuant to Chapter 14.18 of Title 14 (Public Property) of the Placentia Municipal Code
SECTION 2. Sections 1.14.020 and 1.14.030 of Chapter 14 of Title 1 of the Placentia Municipal Code are hereby amended as follows:
1.14.020 Authority to suspend regulatory ordinances.
The city council City Administrator, or his/her designee, by ordinance or resolution, may suspend the operation of any one or more regulatory ordinances to the extent that such ordinances would otherwise apply to one or more specifically designated Special Events conducted, sponsored, co-sponsored or sanctioned by the city, and which, in the judgment of the city council City Administrator, or his/her designee, would interfere with or impede the conduct of such designated special events SpecialEvents.
1.14.030 Procedure.
In suspending the operation of any regulatory ordinance, the city council City Administrator, or his/her designee shall, onthe Special Event permit:
(1) Identify the event;
(2) Specify, in as detailed manner as feasible, the exact date or dates and starting and ending times of such suspension;
(3) Identify the person or persons or organizations to which such suspension shall apply;
(4) Designate the ordinance, code section or portion thereof which is to be suspended and, if any portion thereof is to remain in effect as to such persons or event, designate such portions;
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(5) Impose such conditions, restrictions or limitations upon the conduct of such event, or upon the suspension of such ordinance as are deemed necessary to protect the public health, safety and welfare; and
(6) Specifically, state that, except as to the event, the time, and the persons or organizations so designated, such ordinances shall remain in full force and effect.
SECTION 3. Section 10.28.10 (Drinking in Public) of Chapter 10.28 (Intoxication) of Title 10 (Peace, Morals and Safety) is amended to read as follows:
10.28.010 Drinking in public.
No person shall drink any alcoholic liquor on any street, alley, sidewalk or parkway or any park, railway depot or other place open to the public or in any automobile within the city; except, that nothing in this section shall apply to any premises holding an on-sale liquor license from the state or a Special Event Permit issued pursuant to Chapter
14.18 of this code that permits alcohol use during the Special Event.
SECTION 4. Chapter 13.60 (“Parades – Assemblages”) of Title 13 (Vehicles & Traffic) is hereby repealed in its entirety.
SECTION 5. Title 14 (Public Property) is hereby amended by adding Chapter
14.18 (Special Events Permit) as follows:
Chapter 14.18 City Special Events.
14.18.010 Purpose.
14.18.020 Definitions.
14.18.030 Special Event Permit required, prohibited events
14.18.040 Exemptions.
14.18.050 Application Procedures.
14.18.060 Application form and content.
14.18.070 Action on application
14.18.080 Permit conditions.
14.18.090 Grounds for denial.
14.18.100 Permit issuance.
14.18.110 Special security assignments and submission of security plan.
14.18.120 Fire Department, Police Department and Public Works Department review.
14.18.130 Indemnity agreement.
14.18.140 Insurance requirements.
14.18.150 Cleanup deposits for Events.
14.18.160 Cost recovery.
14.18.170 Appeal procedure.
14.18.180 Violation.
14.18.190 Revocation.
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14.18.200 Interfering with activity prohibited.
14.18.210 Rules and regulations.
14.18.220 Unlawful use ofCity name.
14.18.230 Applicability.
14.18.240 Severability.
14.18.010 Purpose
It is the purpose and intent of the City Council to establish standards for the issuance of a permit for special events to use City streets, parks, facilities and services. It is recognized that these special events enhance the City’s lifestyle and provide benefits to the citizens through the creation of unique venues for entertainment that are not normally provided as part of governmental services. It is further intended to create a mechanism for cost recovery for special events without adversely impacting those events that contribute to the community. It is also the intent of the City Council to protect the rights of its citizens to engage in protected free speech expression activities. Consequently, it is not the intent of this ordinance to regulate conduct, the sole or principal object of which is the expression, dissemination or communication by verbal, visual, literary or auditory means of opinion, views or ideas which are protected by the First Amendment of the United States Constitution or Article 1, Section 2 of the California Constitution.
14.18.020 Definitions
For purposes of this Chapter, the following words and phrases when used in this chapter shall mean:
(1)Amplified sound. Music or speech projected or transmitted by electronic equipment, including, but not limited to, an amplifier, loudspeakers, or similar devices. (2)Applicant. Any person, group, organization, or entity that seeks a Special Event Permit from the City to conduct or sponsor an Event governed by this Chapter. An applicant must be 18 years of age or older.
(3)Athletic event. An occasion in which a group of persons collectively engage in a sport or other form of physical exercise on a City street, sidewalk, alley, or other street right-of-way, which obstructs delays, or interferes with the normal flow of pedestrian or vehicular traffic or does not comply with traffic laws and controls. Athletic events include mass participation sports such as marathons, running events, bicycle races or tours or other such spectator sports.
(4)Block party. A festive gathering on a residential or commercial street or area requiring a closure of a street, or a portion thereof, to vehicular traffic and use of the street for the festivity.
(5)Chief of Police. The Chief of Police or his/herauthorized designee. 7 5
(6)City Administrator. The City Administrator or his/her authorized designee. (7)City Facility. City Facilities include, but is not limited to, streets, sidewalks, rights of way, Parks and facilities, as well as any easements over private property for the benefit of the public.
(8)Event (Special Event). An athletic event, block party or other special event. (9)Other special event. A street fair, circus, farmers market, street market, art and craft show, procession, exhibition (i.e., car show, air show), carnival, festival, indoor or outdoor musical concert or other event or gathering which occurs on a City street, sidewalk, alley or other street right-of-way, City park, or City facilities or which:
a.Is likely to obstruct, delay, or interfere with the normal flow of pedestrian or vehicular traffic; or
b.Whose participants are likely not to comply with traffic laws and controls; or c.Which involves the use or impacts upon public property or facilities and the provision of City public safety services in response thereto. (10)Parade. Any procession or assemblage of two or more persons or vehicles moving on or along any public street or place for the purpose of advertising, promoting or celebrating any show, event, special day, exhibition, game or any goods, wares or merchandise.
(11)Park. Includes all parks, parkways, medians, pedestrian malls, plazas, greenbelts, gardens, lakes, and any other property owned or controlled by the City, including structures thereon and off-street parking areas that are used in connection therewith, which are operated or maintained for passive or active recreational purposes. The term “park” also includes any property owned or controlled by the City as open space, including undeveloped sites for future parks. The term “park” does not include the City Hall facility. (12)Permit application fee. The fee to be paid by the special event permit applicant at the time the application is filed with the Community Services Department, pursuant to the application fee schedule established by resolution of the City Council. (13)Permittee. Any person or organization that is issued a special events permit by the City Administrator.
(14)Public property. Includesall City owned or controlled real property, including, but not limited to, streets and sidewalks, rights of way, parks, and facilities, as well as any easements over private property for the benefit of the public. 8 6
14.18.030 Special event permit required, prohibited events. (1)Except as provided by the terms of a permit, lease, or contract which has been specifically authorized by the City Council, no person shall conduct or cause to be conducted, participate or engage in, hold, manage, permit or allow another to conduct an Event, in, on or upon any City Facility without first having obtained a Special Event Permit pursuant to this Chapter not less than 60 days prior to the Event. (2)The City Administrator is authorized to issue permits for Events occurring within or on City Facilities pursuant to the standards established in this Chapter. The City Administratorand/or Chief of Police is authorized to coordinate the issuance of a permit for such Events with other public agencies through whose jurisdiction or property such Event or portion thereof shall occur and to issue a permit upon the concurrence of the other public agencies involved. The issuance of a permit shall confer upon the permittee the right to control and regulate concessions within the venue of the Event in accordance with the terms and conditions set forth in the permit.
(3)The procedures or requirements of this Chapter shall not affect or supersede the provisions of law or the requirements for the issuance of fireworks, structural, electrical or other permits by City departments prescribed elsewhere in this Code, when such permits are otherwise required because of a particular condition or requirement of the Event.
(4)No person shall have, hold or conduct a Parade on or along any public street or in any public place unless the Parade is exempt pursuant to section 14.18.040
14.18.040 Exemptions.
A permit shall not be required under this Chapter for the below-listed activities, although the City Administrator may issue a permit or similar certificate to an organizer who requests such document. An exempt activity is required to comply with general regulations governing public health and safety.
(1)City Events, including those sponsored by or in which City is a partner. (2)Filming activities pursuant to a film permit issued in accordance with Chapter
23.92 of this Code.
(3)Funeral procession by a licensed mortuary or funeral home. (4)Activities conducted by a government agency (such as state, county, or school district)acting within the scope of its authority. This exemption does not apply when the government agency activity impedes upon any city-owned property or right-of-way. (5)Promotional events or sidewalk sales within an integrated commercial development pursuant to Section 23.81.015 of this Code. 9 7
(6)Carnivalsnot on City Facilities and which are issued a permit in accordance with Chapter 10.48 of this Code.
(7)Use of parks or facilities pursuant to a permit issued in accordance with Section
14.08.230 of this Code.
(8)City parades.
14.18.050 Application procedures.
(1)Application. Any person desiring to sponsor an Event not exempted by Section
14.18.040 shall apply for a Special Event Permit by filing a verified application with the Community Services Department on a form supplied by the Community Services Department. All applications shall be submitted not less than 60 calendar days nor more than 12 months before the Event date. If the application is for a first amendmentEvent, the application must be submitted at least 48 hours prior to the Event. (2)Application fee . An application for a permit to conduct an Event shall be accompanied by a non-refundable permit application fee in an amount established by resolution of the City Council.
14.18.060 Application form and content.
An application for a Special Event Permit shall be on a City form and signed by the applicant who is at least 18 years of age, and contain all of the following information:
(1)The name, mailing address, email address, and daytime and evening telephone number of the applicant, and a certification that the applicant will be financially responsible for any fees and costs that may be imposed for the Event. (2)The name, mailing address and daytime and evening telephone numbers of an alternative person who may be contacted if the applicant is unavailable. (3)The name, mailing address and daytime and evening telephone numbers of the person or persons chiefly responsible for the conduct of the Event. (4)If the Event is proposed to be sponsored by an organization, the name, mailing address and telephone number of the organization and the authorized head of the organization. If such Event is designed to be held by, on behalf of, or for any organization other than the applicant, the applicant for such permit shall file a written communication from such organization authorizing the applicant to apply for such permit on its behalf, and certifying that it will be financially responsible for any costs or fees that may be imposed for the Event.
(5)The name of the person who will be present and in charge of the Event on the day of the Event and their contact information during the Event. 10 8
(6)The requested Event date, including the dates and times for set-up and clean- up, and the starting and finishing time of the Event. Also include two alternative dates. (7)A description of the planned Event.
(8)The estimated number of participants.
(9)The approximate number of persons, animals or vehicles which will constitute the Event, the kinds of animals, a description of the types of vehicles to be used, the number of bands and other musical units and the nature of any equipment to be utilized to produce sounds or noise during Event, if any.
(10)The number of persons proposed or required to monitor or facilitate the Event and provide spectator or participant control and direction for Events using City streets or facilities.
(11)A site plan identifying the proposed Event and staging locations, including specific street closures or street routes, if any, or park area requested and parking areas. Should the event propose a road, lane or sidewalk closure, a detour and/or traffic control plan shall be submitted to the Engineering division of the Public Works Department for review and approval.
(12)The location of any sound amplification, electrical generators, stages, tents, canopies, cooking apparatus, food trucks, mechanical rides, jump houses, or other amusement attractions, and lights.
(13)A preliminary security plan and any monitors to be employed during the Event, including a site map showing emergency exit routes.
(14)Number and location of portable sanitation facilities, when appropriate, and other equipment or services necessary to conduct the Event with due regard for participant and public health and safety. Portable sanitation facilities shall include secondary containment.
(15)Provisions for first aid or emergency medical services, or both, where appropriate, based on Event risk factors, and the location of those services or stations. (16)A complete list of all vendors participating in the Event, provided no less than 14 days prior to Event
(17)The proposed distribution or sale of any food or beverage, including alcoholic beverages. If alcoholic beverages are included, provide all applicable governmental licenses and registrations allowing the sale of alcoholic beverages at the Event no less than 14 days prior to Event.
(18)Any City equipment or personnel requested.
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(19)Insurance information as required under this Chapter. (20)Any supplemental information which the City Administrator shall find reasonably necessary, under the particular circumstances of the Special Event Permit application, to determine whether to approve or conditionally approve a Special Event Permit application pursuant to the provisions of this Chapter.
14.18.070 Action on application.
The City Administratorshall approve, conditionally approve, or deny an application on the grounds specified in Section 14.18.090. Such action shall be taken as expeditiously as possible and, in any case no later than fifteen (15) business days after the City Administrator receives a completed application for an Event unless the applicant agrees, upon the request of the City Administrator, to extend the time for making decision to a later date. Events for first amendment activity of an urgent nature and impacting the public right of way or public facilities will be handled on an expedited basis, in order to protect constitutional rights. If the application is denied, the City Administrator shall inform the applicant of the grounds for denial in writing, and shall further inform the applicant of his or her right of appeal. If the City Administratorrelied on information about the Eventother than that contained in the application, he/sheshall inform the applicant of the additional information he/sheconsidered. The applicant shall be notified of any permit conditions at the time the application is approved and of the applicant's right to appeal the permit conditions.
For Events which will require a substantial amount of City resources the City Administrator, in his/her discretion, may refer the Special Even Permit to the City Council for approval and/or additional permit conditions.
14.18.080 Permit conditions.
The City Administratormay condition the issuance of a Special Event Permit by imposing reasonable requirements which are necessary to protect the health, safety and welfare of persons and property, and to provide for adequate control of traffic. Such conditions may include, but need not be limited to the following:
(1)Alteration of the date, time, route or location of the Event proposed on the Event application.
(2)Conditions concerning the area of assembly and disbanding of Events. (3)Conditions concerning accommodation of pedestrian or vehicular traffic, including restricting the Event to only a portion of a street.
(4)Requirements for use of traffic cones or barricades. (5)Requirements for provision of first aid, sanitary or emergency facilities. 12 10
(6)Requirements for use of Event monitors and some method for providing notice of permit conditions to Event participants.
(7)Restrictions on the number and type of vehicles, animals, or structures at the Event, and inspection and approval of structures, equipment, and areas of assembly for safety by the Placentia Fire & Life Safety Department.
(8)Compliance with animal protection ordinances and laws. (9)Requirements for waste disposal plan including proper sorting of waste streams and recovery of edible food in compliance with SB 1383, cleanup and restoration of City property. Organizers are responsible for the costs of waste disposal associated with the Event.
(10)Restrictions on use of amplified sound.
(11)An application for a Special Event Permit to conduct a block party may be conditioned on notice and approval by 50 percent of the owners or tenants of dwellings or businesses along the affected street(s).
(12)Compliance with any relevant ordinance or law in obtaining any legally required permit or license.
(13)Requirements for special security assignments and/or hiring of security.
14.18.090 Grounds for denial.
(1)Considerations. The City Administrator shall deny an application for a Special Event Permit if he/she determines from a consideration of the application and other pertinent information that one or more of the following exists:
a.The information contained in the application, or supplemental information requested from the applicant, is found to be materially false or misleading. b.The applicant failedto complete the application form, or to pay any required fee or deposit, after having been notified that additional information, documents, and/or fee or deposit is required.
c.The City Administrator has earlier received an application to hold another Event at the same time and place requested by the applicant, or so close in time and place as to cause undue traffic congestion, or where the Police Department determines it is unable to meet the needs for police services for both Events.
d.The nature, time, route or size of the Event is reasonably likely to interrupt the safe and orderly movement of traffic in areas around the Event site, or 13 11
will disrupt the use of Citystreets at a time when they areusually subject to congestion.
e.The concentration of persons, animals, vehicles, or other equipment or materials at the site of the Event, or the assembly and disbanding areas around an Event, are reasonably likely to make it difficult for police, fire or ambulance services to access the Event or the areas around the Event. f.The size and nature of the Event is such that the City does not reasonably believe that it can provide sufficient resources in order to ensure the public health and safety can be maintained both for the Event and for the rest of the City.
g.The size or nature of the Event is such that it is reasonably likely to require diversion of so great a number of City police, fire or other City personnel such thatthe City cannotensure participants will stay within the boundaries of the Event, or that Eventparticipants will be sufficiently protected. h.The location of the Event is reasonably likely to substantially interfere with any construction or maintenance work scheduled to take place upon or along the City streets, or a previously granted encroachment permit. i.The Eventis reasonably likely to occur at a time when a school is in session, at a route or location adjacent to the school, and the noise created by the activities of the Event would substantially disrupt the educational activities of the school.
j.The Event will violate public health or safety law or fail to conform with the requirements of law or duly established City Council policy. k.The applicant demonstrates an inability or unwillingness to conduct an Event pursuant to the terms and conditions of this Chapter or has failed to conduct a previously authorized or exempt Event in accordance with law or the terms of the permit, or both.
l.The Event will unreasonably interfere with the normal use of the City facility by residents.
(2)Conditional approval. When the grounds for denial of an application for a permit specified in subdivisions 1.cthrough 1.lof this Section can be corrected bysolelyaltering the date, time, duration, or location of the Event, the City Administrator, instead of denying the application, may choose to conditionally approve the application pursuant to Section
14.18.080. The conditions imposed shall provide for only such modification of the applicant's proposed Event as are necessary to achieve compliance with subdivisions 1.c through 1.l of this Section, and shall be consistent with rules and regulations established by the City Administratorand approved by a resolution of the City Council. The applicant must submit the corrected information at least 21 days prior to the Event. 14 12
14.18.100 Permit issuance.
The City Administratorshall issue the Special Event Permit once the application has been approved, the applicant has agreed in writing to comply with the terms and conditions of the permit, and all of the requirements of this Chapter have been satisfied.
14.18.110 Special security assignments and submission of security plan.
The applicant or sponsor of an Event shall submit a plan setting forth the proposed security measures to be taken to protect the health, safety and welfare of the participants in the Event. The plan shall be submitted concurrently with the permit application to the Chief of Police who may require the alteration of the plan to provide greater security measures including but not limited to the hiring of private security personnel and/or City police officers at the applicant's expense as a condition of permit issuance.
14.18.120 Fire Department, Police Department and Public Works Department Review.
An official from the Fire & Life Safety Department,Police Department and/or Public Works Department may, after review of the scope of the Event, determine that additional resources are required to ensure public health and safety. The official from each of these respective departments will determine the potential risks to participants, community impacts, the level of emergency support required, and any additional resources which may be required. Applicant will bear all related costs of expenses for such additional resources.
14.18.130 Indemnification agreement.
Prior to the issuance of a Special Event Permit, the permit applicant or the authorized officer of the sponsoring organization must sign an agreement to reimburse the City for any costs incurred by it in repairing damage to City property or private property occurring in connection with the Event and proximately caused by the actions of the permittee or sponsoring organization, its officers, employees, agents or volunteers, or any person who was under the permittee's or sponsoring organization's control insofar as permitted by law. The agreement shall also provide that the permittee or sponsoring organization shall defend the City against, and indemnify and hold the City harmless from, any liability to any persons resulting from any damage or injury occurring in connection with the permitted Event proximately caused by the actions of the permittee or sponsoring organization, its officers, employees, agents, or volunteers, or any person who is under the permittee's or sponsoring organization's control insofar as permitted by law.
14.18.140 Insurance.
(1)Liability. The applicant or sponsor of an Event must possess or obtain public liability insurance to protect against loss from liability imposed by law for damages on account of bodily injury or property damage arising from the Event. Such insurance shall 15 13
name on the policy or by endorsement as additional insureds the City of Placentia, its officers, officials, employees and agents. Insurance coverage must be maintained for the duration of the Event. Coverage shall include, but is not limited to, a comprehensive general liability insurance policy issued by an insurance carrier approved by the City's Risk Manager with minimum limits of $1,000,000.00 combined single limit bodily injury and property damage for each occurrence, or at such limits determined to be necessary by the City’s Risk Manager.
(2)Food and beverage. If food or nonalcoholic beverages are sold or served at the Event, the policy must also include an endorsement for products liability in an amount not less than $1,000,000.00, or at such limits determined to be necessary by the City’s Risk Manager. If alcoholic beverages are sold or served at the Event, the policy must also include an endorsement for liquor liability in an amount not less than $1,000,000.00. (3)Automobile. If the Event involves the use of licensed motorized vehicles, the policy must also include an endorsement for automobile liability in an amount not less than $1,000,000.00, or at such limits determined to be necessary by the City’s Risk Manager. (4)Certificates of insurance. A copy of the policy or a certificate of insurance along with all necessary endorsements must be filed with the City's Risk Manager no less than ten (10) business days before the date of the Event unless the City's Risk Manager for good cause waives the filing deadline. The Special Event Permit shall not be issued by the City Administratoruntil after the insurance policy or certificate of insurance along with the necessary endorsements have been filed by the applicant or sponsor and approved by the City's Risk Manager.
(5)Additional insured endorsement. The City of Placentia, its officers, employees, representatives, attorneys, and volunteersshall be named as additional named insureds with respect to liability arising out of activities performed by or on behalf of the applicant in connection with the Event as well as for automobiles owned, leased, hired, borrowed or used in connection with the Event.
14.18.150 Cleanup deposits for Events.
(1)Cleanup deposit. The applicant or sponsor of an Event shall be required to provide a cleanup deposit prior to the issuance of a Special Event Permit. The cleanup deposit shall be anamount based on the reasonable anticipated costs to be incurred by the City, taking into account the same or similar eventsoccurring previously. (2)Refund. The cleanup deposit shall be returned after the Event if the area used for the Event has been cleaned and restored to the same condition as existed prior to the Event. If the actual cost for cleanup is less than the estimated cost, the applicant will be refunded the difference. Should the amount of the bill exceed the cleanup deposit, the difference shall become due and payable to the City upon the applicant's receipt of the bill.
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(3)Waiver. The cleanup deposit requirement may be waived by the City Administrator if the applicant or an officer of the sponsoring organization establishes to the satisfaction of the City Administrator that such requirement is not necessary. (4)Appeals. If the applicant or sponsor disputes the cleanup charge, he/she must appeal to the City Administratorwithin five(5)calendar days after receipt of the bill or the charge shall be deemed reasonable. The decision of the City Administrator shall be final unless appealed pursuant.
14.18.160 Cost recovery.
(1)Except as provided herein or when waiver is approved by the City Council, the City Administratorshall charge for the cost of all City personnel involved in the Event or in the permit processing. The cost shall be based on the approved cost recovery schedule set by the City Council in the resolution governing fees and charges, or the actual cost of such personnel if not referenced in the resolution. Actual charges may also be made for the use of City equipment and other non-personnel expense for any Event. The City Administratorshall require prepayment of such fees for anEventor a reasonable estimate thereof at the time the completed application is approved, unless the City Administrator for a good cause extends the filing deadline or time for payment as prescribed herein or (b) the City waives all or part of the expense reimbursement as prescribed herein. The reasonable estimate may be based on cost incurred by the Cityin prior years for the same or similar events.
(2)The issuance of the permit pursuant to this Chapter in no wayobligatesor requires the City Administrator to provide any City services, equipment or personnel in support of an Event.
(3)The City's right to seek reimbursement may be waived by the City Council under the following conditions:
a.A public purpose will be served and the Event provides a benefit to the citizens of the City; and
b.The nature of the Eventis such that it is determined the permittee is unable does to recover sufficient revenue from the Event to repay the City costs.
Factors to be considered in determining whether a public purpose is served shall include:
whether the Event is organized and conducted by a tax exempt non-profit organization which operates from or provides substantial services within the City, whether the organization provides a benefit to the general public, and does not exclude participation by the general public (notwithstanding an admission or participation fee),and whether the services provided by the City will improve crowd or Event control and general public safety.
(4)If after issuance of the permit but prior to the occurrence of the Event, the Chief of Police determines that there is a need to provide additional police services, equipment or 17 15
personnel in direct support of the Event, the additional cost may be borne by the permittee. Failure to pay the additional cost may be grounds for revocation of the permit and/or grounds for refusal to issue future permits.
14.18.170 Appeal procedure.
(1)Grounds. The applicant shall have the right to appeal:
a.Denial of a permit.
b.A permit condition.
c.A determination that the applicant's insurance policy does not comply with the requirements specified in Section 14.18.140.
d.The cleanup deposit requirement as specified in Section 14.18.150. e.The special security assignment and security plan requirement as specified in Section 14.18.110.
f.The cost recovery requirement as specified in Section 14.18.160. (2)Filing. A notice of appeal stating the grounds of appeal with specificity shall be filed with the City Clerk within ten (10) calendar days after mailing or personal delivery of a notice of the action to be appealed. The appeal must be filed no later than Tuesday, 12:00 noon, in order to qualify to be placed on the City Council's next regular meeting agenda.
(3)Hearing. The City Council shall hear the applicant or a designated representative and receive any relevant information and documents. The decision of the City Council shall be final.
(4)City Administrator. If there is insufficient time for a timely appeal to be heard by the City Council prior to the date on which the Event is scheduled, the applicant may, at his or her option, request that the City Clerk schedule the appeal before the City Administrator. The City Administrator or his/her designee shall hold a hearing no later than two (2) business days after the filing of the appeal, and will render his/her decision no later than one (1) business day after hearing the appeal. If the appeal is heard before the City Administrator, the City Administrator’sdecision shall be final. (5)Fees. A fee in an amount established by resolution of the City Council shall be paid at the time of the filing of the notice of appeal.
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14.18.180 Violations.
(1) Violations of this Chapter shall be charged to the applicant and/or sponsor of the Event pursuant to Chapters 1.08 (General Penalty) and 1.10 (Administrative Penalties) of this Code, as well as any other remedies available to the City at law or equity. (2)In addition to the penalties provided for in Chapters 1.08 (General Penalty) and
1.10 (Administrative Penalties) of this Code, sponsors, applicants, or participants of an Event may be cited and/or ejected from the public property for violations of this Chapter after notice and an opportunity to cure the violation.
(3)In the event that the permittee violates any condition of the permit issued, the permittee may lose the ability to apply for a Special Event Permit within one year of the Event for which the violation occurred and/or any Event for which the applicant is the same as the permittee.
14.18.190 Revocation.
A Special Event Permit can be revoked by the City Administratorfor any of the following reasons:
(1)Failure to comply with any permitting requirements or conditions of approval. (2)Knowingly providing false, misleading, or fraudulent information. (3)Failing to pay required fees, charges, or deposits.
(4)Failing to agree to the indemnification provisions or failing to provide proof of insurance to the extent required.
(5)The Event materially changes after a permit has been approved.
14.18.200 Interfering with activity prohibited.
(1)It is unlawful for any person to obstruct, impede or interfere with any authorized assembly, person, vehicle or animal participating in an Event for which a Special Event Permit has been issued.
(2)No person shall drive a vehicle between vehicles or person traversing the route of a parade, assemblages or Events authorized by a permit when such vehicles or persons are in motion.
(3)No person shall park along or within any portion of the route or side of an Event authorized by a permit, when the route of a parade, assemblage or Event has been posted as a no-parking zone.
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14.18.210 Rules and regulations.
The City Administrator is authorized to promulgate additional policies, rules and regulations that are consistent with and that further the provisions set forth within this Chapter and the provisions of law that pertain to the conduct and operation of anEvent.
The City Administrator may, at his/her discretion, delegate any or all of the functions hereunder, subject to all of the conditions of this Chapter.
14.18.220 Unlawful use of City name.
It is unlawful for any Event organizer to use in the title of the Event the words "The City of Placentia" or "City of Placentia", or facsimile of the seal or logo of the City of Placentia without City's written authorization.
14.18.230 Applicability.
The provisions of this Chapter shall apply to completed applications submitted on or after the effective date of this ordinance.
14.18.240 Severability.
If any portion of this Chapter is for any reason held to be invalid, such decision shall not affect the remaining portions of this Chapter. The City Council hereby declares that it would have adopted the Chapter or any portion thereof, irrespective of the fact that one or more portions be declared invalid, and to the extent such portions can be given effect without the invalid provisions or portions thereof shall be severable.
SECTION 6. Environmental Compliance: Pursuant to the provisions of the California Environmental Quality Act ("CEQA") (California Public Resources Code Sections 21000 et seq.) and State CEQA guidelines (Sections 15000 et seq.) the ordinance is not a "project" and further, that it can be seen with certainty that there is no possibility that the ordinance in question may have a significant effect on the environment, either directly or indirectly, and that therefore no environmental review under the CEQA is required, pursuant to CEQA Guidelines Section 15061 (b)(3).
SECTION 7. Severability: If any section, paragraph, sentence, clause, phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed severable and such holding shall not affect the validity of the remaining portions hereof. The Mayor and City Council of the City of Placentia hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed, and the balance of the ordinance be enforced.
SECTION 8. Certification: The Mayorshall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary 20 18
thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage.
INTRODUCED at a regular meeting of the City Council of the City of Placentia held on ______ __, 2025.
PASSED, APPROVED AND ADOPTED this ____ day of ____, 2025.
Kevin Kirwin, Mayor
ATTEST:
_________________________________
Robert S. McKinnell, City Clerk
I, Robert S. McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Placentia, held on the _______ day of _______ 2025and adopted at aregular meeting of the City Council of the City of Placentia, held on the ___ day of ______, 2025 by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
_________________________________
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
________________________________
Christian L. Bettenhausen, City Attorney
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