HomeMy WebLinkAboutORD-06-01 Add Ch 17.46- Special EventsRECITALS:
ORDINANCE NO. 06-
01 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE ADDING CHAPTER 17.46
TO THE ORANGE MUNICIPAL CODE
REGULATING SPECIAL
EVENTS.After report thereon to the Planning Commission and after due public hearing
as required by law, the City Council of the City of Orange has concluded that the
following changes to the Orange Municipal Code should be
adopted:NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE
DOES ORDAIN AS
FOLLOWS:SECTION
I:SECTION
II:S(~
ctions:li'.46.
010 li'.46.
02017.46.
030 17.46.
040 17.46.
050 li'.46.
060 li'.46.
070 17.46.
080 17.46.
090 17.46.
100 17.46.
110 17.46.
120 Chapter 5.70 of the Orange Municipal Code is hereby repealed in its
entirety.Chapter17.46 is hereby added to the Orange Municipal Code to read as
follows:Chapter17.
46 SPECIAL
EVENTS Purpose and
Intent.
Definitions.
Location.
Permit-
Required.Permit-Application.
Investigation
of Application.Findings.
Conduct of Operation.Liability and
Property Damage
Insurance.
Appeal Procedures.
17.46.010 Purpose and Intent.
The purpose and intent of this chapter is to ac:commodate reasonable requests for
temporary special events when such events may have the potential of impacting surrounding useandared(~sirable for the community, promote local businesses, public peace, morals, health andsafety. This chapter regulates the time, manner, location and duration of temporary specialeventsonproperty, other than City property, so as to protect against:
E.
F.
G.
17.46.020
A.The hazards of unreasonably interfering with or impeding the flow of pedestrian
or vehicular traffic, including ingress or egress from any place of business;
B.Possible damage or nuisance from factors including, but not limited to, noise,
glare, smoke, fumes, dust, visual impact, or vibration;
c.Possible hazard (with a potential greater than normal, or which exceeds the
capabilities of local public safety units) to persons or property from explosion,contamination or fire;
D.Possible hazard or inconvenience occasioned by unusual volume or character of
vehicular traffic;
Potential for the special event to create a public nuisance or be otherwise
detrimental to the public health, safety, morals or welfare;
Unreasonable impacts to a similar business or businesses located in the city, due
to the special event being conducted on a temporary basis under this permit; and
Unreasonable circumvention of designated land use and zoning requirements.
Definitions.
For the purposes of this Chapter, the words listed in this section shall have the followingmeaningsassignedtothem:
D.ANGEROUS ANIMALS" means any animal of a species which presents a threat tothesafetyofpersonsorpropertyasdeterminedbytheHealthOfficerofOrangeCounty,his agents or deputies.
SPECIAL EVENT" means an organized activity of limited duration conducted on
property not owned by the City and outside the confines of the primary building on thesite, which event is authorized by the owner of the property, and whether or not aBusinessLicenseTaxCertificateisrequiredtoconductsuchanevent. Examples of
special events include, but are not limited to, retail sales, community events, publicconcertsandperformingarts, cultural/educational events, fairs, festivals, massparticipationsports (marathons or bicycle races), and similar events.
Ord. No. 06-01
2
The regulations relating to a special event shall be applicable whether or not a fee or
admission is charged for such event. Nothing contained in this chapter shall be construed to
include within the definition of a "Special Event" any "pancake breakfast", "bake sale", or
similar event sponsored by a nonprofit organization where only food or beverages are served;
provided, that the Director of Community Development shall have discretion to require the
posting of a cash deposit to insure cleaning of the area in which food or beverages are served.
17.46.030 Location.
Special events shall only be permitted in commercial zones provided the subject property
is adjacent to a primary or major arterial highway as indicated on the Circulation Element of the
General Plan; at public or private elementary, junior or senior high schools, colleges, churches
or other public or religious institutions, and any use located within the Public Institution Zone as
d{:signated in the Zoning Ordinance Table 17.24.020.
1~'.46.040 Permit-
Required.No person or business shall conduct a special event without having first applied for,
and obtained a permit to do so as provided herein. Upon review, the Director of
Communityo,evelopment may determine that the proposed "event" is of such limited consequence that
no P{:rmit is
necessary.17.46.050
Permit-Application.Applications for permits to conduct special events shall be filed on forms
furnished by the Department of Community Development at least fourteen (14) days prior to
the beginning date of
the event.Applications for special events shall contain the
following information:A. The name and address of the sponsoring business
or organization;B.The exact location where the event is to
be staged;C. The name and address of the operator or operators of the event to
be conducted;D. A, list of communities in California where the event has
been previously conducted by the operator or operators of the
proposed event;E. The number and types of rides, games, shows, displays, and
other individual concessions comprising the event, including all food stands and
food vehicles;F. The number of persons who will be engaged in conducting
the event;G. A plot plan showing the entire property in addition to that portion
of the property to be used to store equipment and to conduct the
special event,Ord. No.
17.46.060
including an exact description and plot plan describing the total extent of any off-
street parking area which would be occupied for the purpose of conducting the
special event and storing the equipment incident thereto;
H.Such other information as shall be required by the Director of Community
Development.
Investigation of Application.
Before issuing a permit for a special event, the Director of Community Developmentshallcauseaninvestigationtobemaderegardingtheapplicationandshallhavethefindingsset
forth in wliting and attached to the application.
17.46.070 Findings.
The approval or denial of a special event permit shall be based upon all of the followingfactorsandprinciples:
D.
E.
17.46.080
A.The special event will be located, operated and maintained in conformance with
the policies, objectives and elements of the City of Orange General Plan.
B.The special event shall be conducted for a common or collective purpose, which
directly or indirectly supports the community and benefits the public at large.
c.That the characteristics of the proposed special event are compatible with those
permitted in the surrounding areas, and in conformance with the provisions of the
Zoning Ordinance.
Provisions for adequate traffic circulation, parking and pedestrian safety will be
provided and maintained for the duration of the approved special event.
Approval of the application will not be detrimental to any person or property in
the surrounding area, or to the public health, safety or general welfare and shall
be in compliance with the California Environmental Quality Act (CEQA).
Conduct of Operation.
The: following regulations shall govern the operations of any special event for which a
permit has been issued by the Director of Community Development. Violation of any such
regulations shall constitute a misdemeanor and be considered grounds for immediate revocation
of such permit.
A. No more than two (2) permits for similar events shall be issued for a location
within one (1) year. For the purposes of this Chapter, a commercial or business
center which utilizes a shared parking lot shall be considered one location.
Ord. No. 06-01
B. Any special event involving dangerous animals shall be reviewed and approved
by both the City and the Health Officer of Orange County, his agents or deputies.
C. All local and State laws and regulations shall be complied with.
D. The physical layout of the area set apart for the conduct of the special event,
including area used for installation or storage of all equipment, shall not occupy
more than fifteen (15%) percent of the parking area designed to serve the
business or shopping center is used for these purposes.
E. Before erecting any structures, an additional application must be made to the
Chief Building Official. All applicable building codes must be complied with.
Permits issued by the State, Division of Industrial Safety, must be furnished to
the Chief Building Official before the erection and operation of any ride. No
rides, amusement devices or concessions shall be put into operation until
inspected and approved by the Chief Building Official; provided, however, that
any such inspection or approval by the City, or any employee thereof, does not
guarantee that the ride, amusement device, or concession is structurally or
operationally safe. Each ride shall have a sign displayed at the entrance to the
ride and visible to all patrons containing the message that any person using the
equipment does so at his/her own risk.
F. No games shall be conducted at a special event until inspected and approved by
the Police Chief In any event, no games shall be conducted which violate any
laws of the State or any other provisions of the City of Orange Municipal Code.
G. Any and all facilities for the dispensing of food and beverages shall be inspected
by the Orange County Health Department to insure compliance with all
applicable food handling regulations.
H. No trailers, tents or other temporary living quarters shall be allowed on the
premises where the special event is to be conducted except upon approval of the
City Council based on a finding that no hazard to public health or safety will
result from such approval.
I. No special event shall operate after 11:00 P.M. of any night.
J. The special event shall not be operated for any period longer than nine (9)
consecutive days from the opening date specified on the permit.
K. The Director of Community Development shall have discretion to require the
posting of a cash deposit to ensure that administrative costs may be satisfied and
that the premises on which this special event is being conducted will be left in a
clean and orderly condition.
Ord. No. 06-01
17.46.090 Liability and Property Damage Insurance.
Prior to the erection of any structure in connection with a special event, the operator or
operators of the event shall furnish certificates to the Director of Community Development
showing that there is in full force and effect liability and property damage insurance, written on
an occurrence basis, covering every activity of the proposed special event in a minimum amount
of five hundred thousand dollars ($500,000.00) for death and bodily injury to one person and
fifty thousand dollars ($50,000.00) property damage, or in such additional amount as deemed
necessary by the Director of Community Development Provided, however, that maximum
insurance coverage that may be required shall not exceed five million dollars ($5,000,000.00)
for death or bodily injury and five hundred thousand dollars ($500,000.00) property damage.
17.46.100 Appeal Procedures.
A. The Planning Commission shall have the power to review any action taken by the
Director of Community Development In reviewing an application for a permit, the Planning
Commission shall have the power to approve, deny or approve subject to conditions, a special
event pennit in accordance with the findings in this Chapter.
B. When the Director of Community Development has acted upon any application
for a special event, all regulations set forth herein shall apply to such special event.
17.46.110 Violation- Penalty.
Any violation of any provision of these regulations governing special events shall
constitute a misdemeanor punishable as provided in Section 5.30.050 of the City of Orange
Municipal Code, and shall be grounds for immediate revocation of such permit
17.46.120 Permit Fee.
Each special event application shall be accompanied by a permit fee as identified in the
Master F{:e Resolution.
SECTIONm:
Should any section, subsection, clause, or provision of this Ordinance for any reason be
held to b(~ invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the
validity or constitutionality of the remaining portions of this Ordinance; it being hereby expressly
declared that this Ordinance, and each section, subsection, sentence, clause and phrase hereof
would have been prepared, proposed, approved and ratified irrespective of the fact that anyone
or more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Ord. No. 06-01
SECTION IV:
A summary of this Ordinance shall be published and a certified copy of the full text of
this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to the
City Council meeting at which this Ordinance is adopted. A summary of this Ordinance shall
also be published once within fifteen (15) days after this Ordinance's passage in a newspaper of
general circulation, published, and circulated in the City of Orange. The City Clerk shall post in
the Office of the City Clerk a certified copy of the full text of such adopted Ordinance along with
the names of those City Council members voting for and against the Ordinance in accordance
with Government Code Section 36933. This Ordinance shall take effect thirty (30) days from
and after the date of its final passage.
ADOPTED this 26th day of June, 2001.
e City of Orange
ATTEST:
STATE
OF CALIFORNIA )COUNTY
OF ORANGE )CITY
OF ORANGE )I,
Cassandra J. Cathcart, City Clerk of the City of Orange, California, do hereby certify that
the foregoing Ordinance was introduced at the regular meeting of the City Council held on the
lih day of June, 2001, and thereafter at a regular meeting of said City Council duly held on the
26th day of June, 2001, was duly passed and adopted by the following vote, to wit:AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL
MEMBERS: Slater, Alvarez, Mayor Murphy, Coontz COUNCIL
MEMBERS: None COUNCIL
MEMBERS: None COUNCIL
MEMBERS: None u~
lty
Clerk of the CIty of Orange Ord.
No.06-01 7