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HomeMy WebLinkAboutOrdinance No. 2174 ORDINANCE NO. 2174 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA ADDING CHAPTER 5 .30 TO THE AZUSA MUNICIPAL CODE CONSISTING OF SECTIONS 530.010 TO 530. 290 RELATING TO REGULATION OF OUTDOOR FESTIVALS. THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS: SECTION 1 . Chapter 5.30 consisting of Sections 5. 30.010 to 5.30.290 is hereby added to the Azusa Municipal Code to read as follows: Chapter 5.30 OUTDOOR FESTIVALS Parts: 1 . Licensing 2. Operation Requirements Part 1 LICENSING Sections: 5.30.010 Definitions. 5.30.020 Permit - Required. 5.30.030 Permit - Time for filing application; permit fee. 5.30.040 Permit - Application. 5.30.050 Application - Accompanying documents. 5.30.060 Insurance policy requirements. 5.30 .070 Insurance Policies. 5 .30.080 Permit - Public hearing required. 5.30.090 Permit - Devision. 5.30.100 Permit - Number of participants stated. 5 .30. 110 Permit - Dates and hours stated. 5 .30. 120 Permit - Attachment of conditions. 5.30.130 Permit - Modification, suspension of revocation. 5.30.010 Definitions. A. "Automobile parking space, " when required by this chapter, means any space permanently maintained for the duration of the outdoor festival with not less than 144 square feet of usable area, and not less than eight feet wide at any place, on or contiguous to the land on which the outdoor festival is conducted, so located and arranged as to permit the parking of , and be readily accessible under its own power to a passenger automobile of average size. B. "Outdoor festival" or similar musical activity to which both of the following apply: a. Attendance by more than 500 persons is desired or may reasonably be expected; and b. The festival will be held at any place other than in a permanent building or permanent installation which has been constructed for the purpose of/or is so constructed that it can be used for conducting such activities. C. It is immaterial whether music will be provided by paid, or professional, or amateur performs, or by pre- recorded means, or whether admission is to be charged. 5 .30.020 Permit - Required. Every person con- ducting managing or carrying on an outdoor festival shall first procure a permit issued by the City Council as provided in this chapter. 5.30.030 Permit - Time for filing application; permit fee. An application for a permit for an outdoor festival shall be filed not less than one hundred twenty ( 120 ) days prior to the beginning of such outdoor festival. A permit fee, in an amount established by resolution of the City Council , shall be paid by the applicant at the time the permit application is filed. 5. 30 .040 Permit - Application. A. The name, address, and telephone number of the person applying for the permit and, if the application is made on behalf of a group, the name of the group; B. The owner, exact location, legal description, area and shape of the premises on which it is planned to conduct the outdoor festival; C. The owner, exact location, legal description, area and shape of all lands to be used for parking or other uses incidental to the outdoor festival; D. The date or dates and the hours during which the festival is to be conducted, and during which the premises will be under the control of the applicant; E. An estimate of minimum and maximum numbers of customers, spectators, participants and other persons expected to attend the outdoor festival for each day it is conducted, together with detailed information supporting such estimate; F. A detailed explanation of the applicant' s program and plans to supply and maintain security protection, water supply and facilities, sanitation facilities, medical and first-aid facilities and services, vehicle parking space, vehicle access and on-site traffic control; G. A detailed description of all loudspeakers and sound equipment to be used and the intensity of the sound, in decibels, at the boundaries of the premises; H. The names and addresses of all persons who will or may act as security guards during the outdoor festival, or the name and address of a private patrol operator duly licensed pursuant to Chapter II (Commencing with Section 7500) of Division 3 of the Business and and Professions Code, who will supply such security guards, or both; -2- I. If it is proposed or expected that spectators or participants will remain overnight, the arrangement for illuminating the premises and for camping or similar facilities; J. Provisions for cleanup of the premises and removal of rubbish after the event has concluded; K. Such other information pertinent for the outdoor festival as the Council or City Administrator finds necessary and requires in order to determine whether or not the permit should be granted and, if granted, the conditions of such permit; L. A consent to the entry at any time in the course of his duties of any peace officer, or other public officer in the performance of his duties; 5.30.050 Permit Application - Accompanying docu- ments. At the time of filing an application for a permit for an outdoor festival, the applicant, at the same time, also shall file: A. Four copies of white-background prints of a map drawn to scale, showing: 1 . The location of the property concerned, 2. The location of all highways, streets, alleys, lots and parcels of land within one thousand ( 1000) feet of the exterior boundaries of the proposed use, 3. The location of the parking area and of all other areas to be used for other uses incidental to the outdoor festival, 4. All interior access ways, 5. Access to the property, 6 . The location and detailed plans of all buildings and structures on the premises or to be erected, including the bandstand, stage or other facility for performers, 7. The location of all loudspeakers, 8 . The location of all toilets, medical, drinking and other facilities; B. A certified list, as shown on the latest available assessment roll of the county, of the names and addresses of all persons to whom all property is assessed within one thousand ( 1000) feet of the exterior boundaries of the proposed use; C. A document showing that the applicant is the owner of the premises, or an agreement in writing signed by the owner permitting such use of the premises and the filing of the application; D. The agreements or contracts which show what doctors first-aid attendants and ambulances which will be available at the outdoor festival; -3- E. An agreement signed by the applicant that within 72 hours after the conclusion of the outdoor festival s/he will clean up the premises and remove all trash and debris therefrom ; such agreement shall be secured by a bond in an amount of not less than $10 ,000 ; F. An agreement signed by the applicant and by the owner of the subject premises that they will reimburse all owners and occupants of property adjoining the subject premises for all damages of any kind to such owners or occupants or to their property caused by the applicant, owner of the subject premises , or by any person attending the outdoor festival , which damage would not have occurred had the outdoor festival not been held , and a policy of insurance against such risks. 5 . 30.060 Insurance Policy Requirements. The insurance policy required by subsection F of Section 5 .30.050 shall insure the permittee and owner of the subject property against all liability incurred by them or either of them to the city or to any person which liability arises pursuant to the agreement required by the said subsection F or arising from the conduct of the outdoor festival . 5 .30 .070 Insurance Policies. The policy or policies of insurance required by this Chapter shall provide coverage of the kind and in an amount which the City Council in its sole discretion determines is sufficient to protect the city, applicant , owners , and potential claimants against the risks which may be created by the outdoor festival . The city shall be an additional insured on all such policies and all such policies shall provide that the city shall receive at least 72 hours notice prior to any cancellation, revocation, termination, or expiration of the policy. 5 .30 .080 Permit - Public Hearing Required. A. Prior to the approval , conditional approval , or denial of the permit, a public hearing shall be held before the City Council . The hearing shall be concluded at least thirty days prior to the date set for the beginning of the outdoor festival . B. Notice of the hearing shall be mailed to all persons whose names and addresses appear upon the latest available assessment roll of the county as owning property within one thousand (1000) feet of the exterior boundaries of the proposed use and shall be published at least once in a newspaper of general circulation within the city, at least 14 days prior to the hearing. The notice shall state the nature of the proposed festival , the estimated number of people who will attend, the dates and location of the proposed festival , as well as the date, time , and location of the public hearing on the permit. 5 .30.090 Permit - Decision. After the hearing held pursuant to Section 5 .30 .070, the Council shall approve, conditionally approve, provided the Council finds that the proposed outdoor festival will -4- not in any way substantially jeopardize, adversely affect; endanger or otherwise constitute a menace to the public health, safety or general welfare, or be materially detri- mental to the property of other persons located in the vicinity of such use. The council shall deny the permit if these findings cannot be made. 5.30.100 Permit - Number of participants stated. A permit for an outdoor festival shall state the maximum number of participants permitted. In deciding this maximum the council may be guided by, but it is not bound by the estimate stated in the application for a permit. 5.30 .110 Permit - Dates and hours stated. A permit for an outdoor festival shall state the dates and hours during which the outdoor festival may be conducted. 5.30.120 Permit - Attachment of conditions. A. In granting a permit the council may attach such conditions as it finds necessary to accomplish the purposes of this chapter, including but not confined to: 1 . Adequate lighting, including location of all light standards and electrical switches; 2. Provisions for cleaning up the premises after the termination of the outdoor festival; 3. An emergency communications system sufficient to meet the emergency requirements of the police and fire departments; 4. Advertising permitted, including advertising by radio, television or loudspeaker. 5. Assuring that the number attending does not exceed the number permitted by the permit. 6 . Such other conditions as the council finds necessary for reasons of health, sanitation, supply of food, supply of water, prevention of unreasonable noise, or promotion of the general welfare. B. Such conditions shall appear on the permit. 530.130 Permit - Modification, suspension or revocation. After a hearing sufficient to allow the permit to explain his conduct, the council may revoke, suspend or modify a permit for an outdoor festival where the applicant has violated any of the provisions of this chapter or conditions of the permit. Part 2 OPERATION REQUIREMENTS Sections: 5.30 .140 Dates and hours. 5. 30 .150 Admission and number of participants. 5.30 .160 Advertising -5 • - 5.30 .170 Ticket advertising and sales - Reciprocal regulations. 5.30 .180 Access ways. 5.30.190 Parking . 5.30.200 Communications system. 5. 30 .210 Fire protection. 5.30.220 Security guards. 5 .30 .230 Drinking water. 5 .30.240 Sanitary facilities 5.30 .250 Lighting 5.30.260 Food and beverages. 5.30.270 Dust control. 5 .30 .280 Alcohol or drugs. 5.30 .290 Cleanup 5.30 .140 Dates and hours. The permittee shall operate the outdoor festival only on those days and during the hours specified on the permit. 5 .30.150 Admission and number of participants. The permittee shall not admit, and shall prevent the entrance of, to the premises on which the outdoor festival is held, any person who does not possess a ticket, except a peace officer or other public officer in the performance of his duties. Admission shall be by ticket only. The permittee shall not sell, give, or distribute a greater number of tickets than the number which the permit permits to attend. The permittee shall not admit any person to an outdoor festival if such admission would result in a greater number of persons present than permitted by the permit. 5.30.160 Advertising. A person shall not adver- tise or announce by any means or medium, including but not confined to pamphlets, handbills, newspapers, radio and television, the holding of an outdoor festival prior to the granting of a permit for such outdoor festival. The permit- tee or other person shall not print, distribute, broadcast or use any such advertising or announcement, or any other advertising of the outdoor festival unless such advertising states that admission is by ticket only, all statements are true and there is no statement which might imply any conclusion contrary to fact. 5. 30 .170 Ticket advertising and sales - Reciprocal regulations. A person shall not advertise or sell any ticket to any outdoor festival regardless of where situated, whether in this state or otherwise, in any manner contrary to any statute, ordinance or regulation of the jurisdiction in which the festival is to be held. 5.30 .180 Access ways. The permittee shall provide all exterior and interior access ways which the council finds necessary for the use of participants at the festival. All exterior and interior access ways shall be clearly delineated by means of curbs or buffers on the ground. A person shall not occupy or obstruct any such access way eccept for the purpose of access or to cross the same, and if found in violation of this provision shall be guilty of an infraction. 5.30. 190 Parking. Every premises on which an outdoor festival is conducted shall have on such premises or -6- contiguous thereto automobile parking spaces equal to one-fifth of the number of persons permitted to attend the outdoor festival unless the counsel finds that a smaller number is sufficient, in which case the permittee shall provide such lesser number. Such automobile parking spaces shall be graded, marked and separated by a physical barrier from the area where the patrons will watch the performance. At all times between one hour before the beginning of the outdoor festival and one hour after its termination, the permittee shall provide parking attendants at all entrances, exits and within the parking lots. 5.30 .200 Communications system. The permittee shall install, and at all times during which the outdoor festival is in progress, maintain an emergency communications system which the council finds adequate for safety, fire and police protection. 5.30 .210 Fire protection. The licensee shall provide all fire protection and fire safety measures as the council finds necessary to protect those attending the outdoor festival. 5.30 .220 Security guards. A. At every outdoor festival one security guard for each two hundred ( 200) persons permitted to attend, whether actually present or not, shall be constantly in attendance during the entire time the outdoor festival is in progress, and shall devote his entire time and attention to keeping order, and observing and enforcing all applicable statutes and ordinances, including the ordinance codified in this chapter. B. The security guards shall be approved by the council and shall be provided by a private patrol operator whose name and address is stated in the application and who is licensed pursuant to Sections 7500 et seq. of the Business and Professions Code. 5 .30 .230 Drinking water. A. The licensee shall provide drinking water which complies with all water quality standards for drinking water for human consumption as follows: 1 . One drinking fountain for the first 100 persons; 2 . Two drinking fountains for more than 100 but less than 500 persons; 3 . One additional drinking fountain for each additional 500 persons or fraction thereof. B. If the council finds that lesser or different facilities are sufficient instead of the above, the permittee shall provide such facilities. 5.30 .240 Sanitary facilities. A. The permittee shall provide at least one water closet and one urinal for every 200 males and one water -7- Nee closet for every 100 females, or major fraction of such number, permitted to attend, unless the council finds that a lesser number is sufficient, in which case he shall provide such number. If a compartment contains one water closet and one urinal, the permittee may count it as one water closet or as one urinal but not as both. Such sanitary facilities shall first be approved by the council. B. The permittee shall provide one lavatory for each two fixtures required. Where both sexes are admitted, the sexes shall be assumed to be equally divided. 5.30 .250 Lighting. If the hours during which the outdoor festival can be held as provided in the permit are such that any portion thereof is between sunset of one day and sunrise the following day or the permit allows any participant to remain overnight, the permittee shall provide such lighting, including the location of all light standards and electrical switches as the council finds necessary for public safety and welfare. 5.30.260 Food and beverages. In selling, pre- paring, delivering or serving food or beverages, or both, all persons shall comply with the California Restaurant Act, Chapter 11 (beginning with Section 28600) of Division 21 of the Health and Safety Code of the State of California, and with the Health Code provisions set out in Division 1 of Title II of this code. 5.30.270 Dust control. The permittee shall use such methods of dust control as approved by the council upon the finding that such methods will prevent the arising of dust to an extent which may endanger the public health or safety. 5.30 .280 Alcohol or drugs. A person shall not enter, be or remain on any part of the premises on which an outdoor festival is conducted while in the possession of, consuming, using , or under the influence of any alcoholic beverage or drugs. The permittee shall not permit any such person to enter or remain upon the licensed premises. 5 .30 .290 Cleanup. Within 72 hours after the end of an outdoor festival, the permittee shall clean up the premises and remove all trash and debris therefrom. SECTION 2 . The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. Passed and approved this 2nd day of May 1983 . lirta° 1 MAYOR ATTEST: CI CLE -8- STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) SS. CITY OF AZUSA I, ADOLPH A. SOLIS, City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. 2174 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 18th day of April, 1983. That, thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 2nd day of May, 1983, by the following vote to wit: AYES: COUNCILMEMBERS: DECKER, HART, CRUZ, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ADOL H OLIS, ITY LERK Publish Azusa Herald: May 11, 1983 -9-