ORD-46-83 ADDS CHAPTER 5.99 ENTITLED STREET SPORTS EVENTSORDINANCE NO. 46-
83 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING TITLE 5 OF
THE ORANGE MUNICIPAL CODE BY ADDING
CHAPTER 5.99 ENTITLED "STREET SPORTS
EVENTS."WHEREAS, the City of Orange frequently receives
re-quests to conduct marathons, 5 and 10 kilometer runs
and similar events upon the public streets within the City;
and WHEREAS, the City Council of the City of Orange
desires that these events be conducted in a manner which provides
a minimum of inconvenience and expense for the general
public and a maximum of safety and enjoyment for the
participants;
and WHEREAS, it is the intent of this Ordinance to set
forth the requirements for permits, provide for the
expeditious handling of applications, insure payment of required fees
and charges and to establish reasonable regulations of running
and similar events which take place on the public
streets.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ORANGE DOES ORDAIN AS
FOLLOWS:SECTION
I:CHAPTER 5.99 - STREET SPORTS EVENTS
5.99.010 Purpose. The purpose of this Chapter is to set
forth the requirements for the use of public streets, alleys and
sidewalks for organized running, walking and similar events.
5.99.020 Definitions. As used in this Chapter, the fol-
lowing definitions shall apply:
A. "Street sports event" means any running or walking or
similar event, including biCYCling, consisting of people using
any public street, sidewalk or alley, which does not comply
with normal and usual traffic regulations and controls.
B. "Person" means and includes any individual, firm,
partnership, association, corporation or organization of any
kind.
5.99.030 Permit Required. It shall be unlawful for any
person to conduct a street sports event or knowingly participate
in any such event unless and until a permit to conduct such an
event has been obtained pursuant to the provisions of this Chapter.
5.99.040 Application for Permit. A. An application for a
permit to conduct a street sports event shall include the
following:
1. Payment to the City of a nonrefundable fee as
established by the City Council for the purpose of
defraying the cost of processing the application;
and
2. Proof that either the sponsoring organization or
the organization which is to receive the proceeds
from the event satisfy the following requirements:
a. A non-profit entity organized for
social,charitable, educational or other
non-profit
purposes; and b. In existence at least six (6)
months prior to applying for the
permit; and c. A regular membership which
holds regular meetings at least once a month
for purposes other than the conduct of
street sports
events; and d. Furnish such information as may
be required by the Director of
Community Services.B. Any person desiring to conduct a street
sports event shall apply to the Director of Community Services for
a permit at least sixty (60) days before the date of the
proposed event.The Director of Community Services, upon the showing
of good cause, may consider an application submitted less than
the re-quired sixty (60) days prior to the date of the
proposed event.C. The application for a street sports event
shall be submitted on a form provided by the Director of
Community Ser-vices and the information furnished shall be
verified. The application shall contain the
following information:1) The name, address and telephone number
of the person seeking to conduct
an event;2) If the event is proposed to be
conducted for,on behalf of or by an organization,
the name,address and telephone number of
the headquarters of the organization and of the
responsible officer of
such organization;3) The name, address and telephone number
of the event chairman, or the person
otherwise respon-sible for
its conduct;4) The date on which the event is to
be held;5) The route to be traveled, including
the starting point and
termination point;6) The approximate number of persons taking
part in
the event;7) The approximate hours at which the
event will start
and terminate;8) Whether such event will occupy all
or only one-half (1/2) of the width
of the streets proposed
to be traversed;9) The location by streets of
assembly and dis-assembly
of such event;10) The time at which participants
in the event will begin assembly in
the
assembly area;and Ord.
11) Such additional information as the Director
of Community Services shall deem reasonably
necessary in determining whether or not the
permit shall be issued under the standards
set forth herein.
5.99.050 Indemnification and Insurance. Prior to the
issuance of any permit for a street sports event, the Director
of Community Services shall require:
A. That the applicant and any other persons, organi-
zations, firms or corporations on whose behalf the appli-
cation is made, by filing such application do represent,
stipulate, contract and agree that they will jointly and
severally indemnify and hold the City of Orange and its
officers and employees harmless against liability for any
and all claims for damage to property, or injury to, or
death of persons arising out of or resulting from the
issuance of the permit or the conduct of the event or its
participants.
B. That no permit shall be issued unless the appli-
cant shall obtain a comprehensive general liability insur-
ance policy or pOlicies, issued by an insurance company or
companies authorized to do business in the State of
California, with coverage that includes the assembly area,
the event route, the disassembly area of the event, and
any other area used by the participants of the event.
The City of Orange, its officers and employees shall be
named as additional insureds on said pOlicy or pOlicies.
The policy limits of said insurance policy or pOlicies
shall be not less than one million dollars ($1,000,000.00)
combined single limit for both bodily injury and property
damage. The policy or policies shall contain a provision
stating that the insurance is primary and not contributing
to any other insurance which the City may possess.
The policy or policies shall also contain a provision
that no termination, cancellation or change of coverage of
insured or additional insured shall be effective until after
thirty (30) days prior notice thereof has been given in
writing to the City Clerk of the City of Orange.
5.99.060 Notification to Departments. Immediately
after receipt of a completed application, the Director of
Community Services shall transmit a copy of the application
to the following department heads:
Chief of Police
Director of Public Works
Fire Chief
Water Superintendent
Ord. No. 46-83
Each of the foregoing department heads shall review the
application and submit a written report to the Director of
Community Services within ten (10) days after receipt of the
application. Immediately upon granting a permit, the
Director of Community Services shall transmit a copy of the
permit to each of the foregoing department heads.
5.99.070 Payment of Costs. In the written report to the
Director of Community Services referred to in Section
5.99.060, each department head shall indicate whether or not
the department will incur costs and if City personnel or
equipment will be required if the event takes place. The
report shall list the estimated number and types of personnel
and equipment required and the costs to the City for providing
them. The Director of Community Services shall not issue a
permit until the applicant has posted an amount equivalent to
the total estimated City costs. When the actual costs are
determined after the event, if the actual cost is less than
the sum posted, a refund of the difference shall be made to
the permittee within ten (10) days after the actual costs
have been determined. If the actual costs are greater than
the sum posted, the permittee shall pay the difference to the
City within ten (10) days after mailing of written notice of
the sum due.
5.99.080 Issuance of Permit. The Director of Community
Servloces shall issue a permit for a street sports event upon
findings that:
A. The conduct of the event will not substantially
interrupt the safe and orderly movement of traffic in the
area of its route;
B. The conduct of the event will not require the
diversion of so great a number of police officers and
other employees of the city so as to prevent the normal
police protection of the city and the performance of
other essential services;
C. The concentration of persons in the event will
not unreasonably interfere with proper fire and police
protection;
D. The conduct of the event is not reasonably likely
to cause injury to persons or property, provoke disorderly
conduct or create a disturbance;
E. The event is scheduled to move from its point of
origin to its point of termination expeditiously and without
unreasonable delays enroute;
F. The conduct of such event will not interfere with
the movement of fire-fighting equipment enroute to a fire;
and G. An amount equivalent to the estimated costs
in accordance with Section 5.99.070 has been
posted.5.99.
090 permit
shall A.
The B.
The C.
The Contents of Permit. Each street sports
event specify the following
information:assembly area and time
therefor;starting time of the
event;specific portions of the specified streets
that Ord. No. 46-
1
may be occupied by the event;
D. The disassembly area and the estimated time there-
forj
E. Such other requirements as are found by the Director
of Community Services to be reasonably necessary for the
protection of persons or property.
5.99.100 Conduct of Permittee. The permittee shall
comply with all terms and conditions of the permit and all
applicable laws and ordinances. Each permittee shall insure
that the person in charge of the event shall at all times carry
the permit on his person during the conduct of the event.
5.99.110 Revocation of Permit. The Director of Community
SerVl.ces may revoke a permit issued pursuant to this Chapter
if he finds that any term, condition, restriction or limit-
ation of such permit has been violated, or if he finds that
as a result of changed circumstances anyone or more of the
standards specified in Section 5.99.080 has not been satisfied.
Notice of action revoking a permit shall be delivered in
writing to the permittee by personal service or certified mail.
5.99.120 Interference. No person shall knowingly join or
partl.clopate in any event conducted under permit from the
Director of Community Services in violation of any term or
condition of such permit, nor knowingly join or participate in
any permitted event without the consent and over the objection
of the permittee, nor in any manner interfere with its progress
or orderly conduct.
5.99.130 Appeal. Any person aggrieved by the action of the
Director of Community Services in issuing, denying or revoking
a permit for a street sports event shall have a right to appeal
such action to the City Manager within ten (10) days after the
action aggrieved of is taken. The City Manager may affirm,
reverse or modify the action of the Director of Community Services
in issuing, denying or revoking a permit.
SECTION II:
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 Ordi-
nance is to be adopted. A summary of this Ordinance shall
also be published once within fifteen (15) days after this
Ordinance's passage in the Orange City News, 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
Ord. No. 46-83
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 15th day of
Orange
ATTEST:
n~ 9~--n/
Ci ty Clerk of tl'r'e C y of Orange
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF ORANGE )
I, MARILYN J. JENSEN, 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 8th day of November , 1983, and thereafter
at a regular meeting of said City Council~uly held on the
15th day of Novembpr , 19.83., was duly passed and
adopted by the following vote, to wit:
AYES: COUNCILMEN: SMITH, BARRERA, MAYOR BEAM, PEREZ, BEYER
NOES: COUNCILMEN: NONE
ABSENT: COUNCILMEN: NorJE
WITNESS my hand and seal this 21st day of November
1983.
l~:;'/~w~ }!- ~~AI/Marl.
lyn J. ensen City
Clerk of the City of Orange Ord.
No. 46-83 6-