§ 9-208.3. Action by director upon application

(a) Upon the filing of a completed application, the director shall refer the application to such appropriate city departments, as he/she deems necessary from the nature of the application for review, evaluation, investigation and recommendations by the departments regarding approval or disapproval of the application and the estimated number of hours of service that will be incurred by each department in connection with the permit.

(b) In determining whether to approve an application, no consideration may be given to the message of the event, the content of speech, the identity or associational relationships of the applicant, or to any assumptions or predictions as to the level or nature of emotion which may be aroused in the public by the content of speech or message conveyed by the event.

(c) Within thirteen (13) working days of the filing of a completed application, the investigation shall be completed, and the director shall issue a permit, with or without conditions, unless the director makes a finding requiring denial pursuant to section 9-212. The director shall notify the applicant of his/her action pursuant to section 9-213

(d) The director shall impose conditions on any permit issued pursuant to this article to coordinate multiple uses of public property, assure preservation of public property and public places, prevent dangerous, unlawful or impermissible uses, protect the safety of persons and property and to control vehicular and pedestrian traffic in and around the venue, provided that such requirements shall not be imposed in a manner that will unreasonably restrict activities or conduct protected by the California or United States constitutions. Conditions may include, but are not limited to, the following:

(1) The establishment of an alternate assembly or disbanding area for a parade or like event within the pre-designated event routes established by the city council pursuant to section 9-217;

(2) The accommodation of a special event's pedestrian and vehicular traffic, including restricting special events to city sidewalks, portions of a city street, or other public right-of-way;

(3) Conditions designed to avoid or lessen interference with public safety functions and/or emergency service access;

(4) The number and type of vehicles, animals, or structures to be displayed or used in the special event;

(5) The inspection and approval by city personnel of stages, booths, floats, structures, vehicles or equipment to be used or operated in the special event to ensure that such structures or vehicles are safely constructed and can be safely operated, and conform to the requirements of all applicable codes;

(6) The provision and use of traffic cones or barricades in a manner and number established by standard conditions adopted by separate council resolution;

(7) The provision or operation of first aid stations or sanitary facilities, including handicap accessible sanitary facilities in a manner and number established be standard conditions established by separate council resolution;

(8) The provision of a waste management plan, and the clean up and restoration of the special event venue as established by standard conditions adopted by separate council resolution;

(9) Restrictions consistent with the city's noise ordinance on the use of sound amplification equipment, and restrictions on the amount of noise generated by motors and other equipment used in the course of the special event;

(10) The manner of providing notice of the permit conditions to permit participants and those businesses or residents who may be directly affected by the conduct of the special event;

(11) The provision or use of emergency services;

(12) The obtaining of any and all business licenses or other necessary permits required by this code for the sale of food, beverage or other goods or services at the event; and

(13) The manner by which alcohol sales and service, if any, shall be conducted at the event.

(Ord. No. 04-7, § 2, 6-21-04 )