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HomeMy WebLinkAbout11A - ORD PARADESLCP 01/07/08 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTIONS 10-7, 10-9, 10-22 AND 10-22.2 OF THE SANTA ANA MUNICIPAL CODE, RELATING TO PARADE AND SPECIAL EVENTS PERMITS. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Currently, Sections 10-7, 10-9 and 10-22, 10-22.2 of the Santa Ana Municipal Code set forth the definitions, permit application requirements and deadlines for conducting a parade or a special event on public property within the City of Santa Ana ("City"). B. The City supports and encourages the organizing of parades and special events on the public right-of-way within the City. C. The popularity and frequency of said activities has increased, particularly in the downtown area public right-of-way of the City. D. The City has limited resources, including staff and law enforcement, to devote and support the organization, coordination, and security of said activities. E. To ensure an adequate use of City resources, to provide the best customer service to parade and/or special event permit applicants, and to assure the success of the activities, while safeguarding Santa Ana residents and visitors during said activities, it is appropriate to amend the ordinance to clarify the application requirements and allow adequate time for the City Manager and/or City staff to process permit applications for said activities on public right-of-way within the City. F. The amendments to the ordinance shall not apply to parade or special event permits already issued for parades or event on public right-of- way within the City. G. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such Ordinance No. NS-XXX 11 A-1 Page 1 of 6 restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 2. Section 10-7 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 10-7. Parades--Definitions. As used in this article, the following definitions shall apply: (a) "Parade" means any parade, march, procession, ceremony, exhibition, or pageant of any kind, consisting of people, animals or vehicles, or combination thereof, upon 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, company, or organization of any kind. (c) "City Manager" means the City Manager of the City of Santa Ana or designee. Section 3. Section 10-9 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 10-9. Same--Application for permit. (a) Each application for a permit to conduct a parade shall be accompanied by proof that a nonrefundable fee as established by resolution of the city council has been deposited with the police department for the purpose of paying the cost of processing said application. (b) Any person desiring to conduct a parade shall apply to the city manager for a permit no earlier than one hundred eighty (180) days or later than thirty (30) days in advance of the date of the proposed parade. The city manager may, for good cause shown, consider any application for a permit to conduct a parade which is filed less than thirty (30) days prior to the date such parade is to be conducted. The application for such permit shall be on a form provided by the city manager, shall be verified, and shall contain the following information: (1) The name, address and telephone number of the person seeking to conduct a parade; Ordinance No. NS-XXX 11 A-2 Page 2 of 6 (2) If the parade 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 parade chairman, or the person otherwise responsible for its conduct (such person shall be present during the entire parade); (4) The date on which the parade is to be held; (5) The route to be traveled, if any, including the starting point and termination point, including a map and written narrative of the route; (6) The approximate number of persons, animals, and vehicles taking part in the parade, including the type of animals and description of vehicles; (7) The hours at which the parade will start and terminate; (8) Whether such parade 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 disassembly of such parade; (10) The time at which units of the parade will begin assembly in the assembly area; (11) The maximum length or the components of the parade; and (12) Such additional information as the city manager shall deem reasonably necessary in determining whether or not the permit shall issue under the standards set forth below. Section 4. Section 10-22 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 10-22. Special events--Definitions. As used in this article, the following definitions shall apply: Special event means the temporary use of public property for the purpose of conducting certain outdoor, short-term events and includes, but is not limited to, promotional or fund-raising activities, athletic or sporting events, art shows, sidewalk sales, live musical events, community celebrations and observances, or neighborhood activities such as block parties, which are conducted in whole or in part on city-owned or controlled public property. The term "special event" does not include events conducted at Eddie West Stadium, to the extent governed by Ordinance No. NS-XXX 11 A-3 Page 3 of 6 article 6 of chapter 2 of this Code, or to events conducted at city parks, recreation or community facilities to the extent governed by article 6 of chapter 2 of this Code, or to events conducted at city parks, recreation or community facilities to the extent governed by chapter 31 of this Code, or to events as governed by section 41-195.5 of this Code. City Manager means the City Manager of the City of Santa Ana or designee. Section 5. Section 10-22.2 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 10-22.2. Same--Application for permit (a) Each application for a permit to conduct a special event shall be accompanied by proof that a nonrefundable fee as established by resolution of the city council has been deposited with the police department for the purpose of paying the cost of processing said application. (b) Any person desiring to conduct a special event shall apply to the city manager for a permit no earlier than one hundred eighty (180) or later than thirty (30) days in advance of the date of the proposed special event. The city manager may, for good cause shown, and upon payment of an accelerated processing fee, consider any application for a permit to conduct a special event which is filed less than thirty (30) days prior to the date such special event is to be conducted. The application for such permit shall be on a form provided by the city manager, shall be verified, and shall contain the following information: (1) The name, address and telephone number of the person seeking to conduct a special event; (2) If the special 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 special event, or the person otherwise responsible for its conduct (such person shall be present during the special event); (4) The date on which the special event is to be held; (5) The route to be traveled, if any, including the starting point and termination point; (6) The approximate number of persons, animals, and vehicles taking part in the special event, including the type of animals and description of vehicles, and any amplified sound systems to be used; Ordinance No. NS-~;XX Page 4 of 6 11 A-4 (7) The approximate hours at which the special event will start and terminate; (8) Whether alcohol is to be served or sold; (9) The location by streets of assembly and disassembly of such special event; (10) A petition signed by at least 80% of all the residents and businesses within the enclosed street closure boundaries wherein pedestrian and vehicular ingress and egress is impacted by the special. The Police Chief or designee shall establish guidelines to govern the petition process; (11) A site plan showing what public property will be used and where any items will be placed on public property; (12) An agreement that the city shall be compensated for any damage to public property, and that the site shall be cleaned and restored to the condition in which it was found prior to the holding of the special event, or compensate the city for any and all associated clean-up costs; and (13) Such additional information as the city manager shall deem reasonably necessary in determining whether or not the permit shall issue under the standards set forth below. Section 6. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of , 2008 Miguel A. Pulido Mayor Ordinance No. NS-~;XX Page 5 of 6 11 A-5 APPROVED AS TO FORM: Joseph W. Fletcher City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-XXX Page 6 of 6 11 A-6