HomeMy WebLinkAboutOrdinances_1457_CCv0001.pdf ORDINANCE O. 1457
A.#.1} ORDINANCE OF THE CITY OF RE LANDS ESTABLISHING RU.LE AND
REGULATIONS FOR 11HE CONDUCT OF CERTAIN OUTDOOR FESTIVALS
The City Council, of the City of Redlands, California, dues
ordain as follows ;
SECTION I . Definitions: Definition of outdoor festival .
"Outdoor Festival" jeans any music festival , dance festival., "rock
festival: or similar musical activity, at which music is provided
by paid or amateur performers or by pre-recorded deans, which is
held at any place Cather than in a permanent building or permanent,
installation hi h his been constructed for the purpose of con-
ducting such activities or similar activities, and to hi ch; mem-
bers of the public are invited or admitted for a charge or free
of cast
SECTION II. License Requirement. No person shall operate,
maintain, conduct, advertise, or sells or furnish tickets for an
outdoor festival in the City of Redlands unless he shall first
obtain a license from the City of Redlands to operate or conduct
such. festival.
SECTION Ill. License Application. ppl.icati n for a license
to conduct an outdoor festival shall be made in writing to the
City Clerk f the City of Redlands at least sixth 0) dal?s prior
to the time indicated for the commencement of the planned activity
and shall be accompanied by a nonrefundable application fee of
100..00 and shall_ contain the following information-
a. Th
nforma.t.in -a e ,name, age, residence and mailing address of the
person making said application. f the application is made by
partnership, the; names and addresses of the partners must appear.
Where the applicant is a corporation,n, the application must be
signed by the president, trice president and secretary thereof and
must contain the addresses of said corporate officers; and a certi-
fied cope of the Articles of Incorporation shall be submitted with
the application.
cin
b. A statement of the land, character, or tyle of festival
,oyhi :h the applicant a.n.t roux es to conduct, operate or carry on,
C. The address or legal description of the place where the
proposed festival is to be conducted, operated or carried e n * Addi-
tionally,
.rldi-
trvi na.11.; , the applicants must submit proof of ownership of the
place where the festival is to he conducted.ed or a notarized state-
merit
tag—merit signed by the owner of the promises idieting his consent _
t1lat the site be; used for the proposed festival,.
.
d. The date or dates and the hours during which the
festival is to be conducted.-
e.: An estimate of the number of customers, spectators,
participants and caths persons expected to attend the festival
for each dayit is conducted-* Ibis will include the basis
upon which the calculation was grade:.
f. The applicant shall provide names and addresses of
anyone contributing, investing or having a financial interest greater + han, $500 .00 in producing the festival .
SECTION IVFestival Plans . A detailed explanation of the+
applicant' s :plans to _provide security and fire protection, tater
supply and facilities, food supply and. facilities, sanity tion
facilities, medical_ lacil,it.i.es and services, vehicle parking
space, vehicle access and en-site traffic control, and, if it i
proposed or expected that: spectators or participants will remain
at night or overnight, the arrangements for illuminating the
premises and for camping or similar facilities . The applicant' s
plans shall include what provisions shall be arcade for numbers of
spectators in excess of the estimate, provisions for clean-up of
the premises s and removal of rubbish after the event his concluded.
pleat plan showing arrangement of the facilities including
those for parking, egress and ingress shall be submitted with
said application.
SECTION V. Processing Application . Upon receipt of a com-
plete application and the application fee, the City Clerk o:._ he
City of ,Redlands shall set the application for Public hearing at
a regular meeting of the City Council , not. Less than fifteen (l
days near more than thirty .30) days thereafter, and shall give
not less than ter 10) days written notice thereof to the applicant.
The City Clerk shall promptly give notice of hearing and copies
of the application to the City Manager, Chief of Police, Fire
Chief, Director of Public Works, Park superintendent, Disposal
Superintendent, the Planning Director, and the Director of
Building and Safety, who shall investigate the application; The
City Ylanager shall report in writing to the City Council not
later than the hearing, with appropriate r conmiendat.ion , a.s to
granting a license and conditions thereof.
SECTION V1. Consideration of Application by the Coity Ccunc°i l ,
Based upon the testimony f the witnesses and evidence Presented
at said hearing, including the report of the City Manager, the
City Council shall grant the license, deny the license, or act
conditions which must be reset, or security given that they will he
met., before a license may be granted.. if conditions are imposed
by the City Council the applicant shall furnish or -cause to he
furnished to -thy C'itya Clerk proof that all raoradit.-Lons have- been
met :before the license may be issued by the City Clerk.
Ordinance No.; 1457
'age two
s
SECTIO VII Issuance: A License Fee, Non-transferable
License.
a When th.e City Clerk certifies that conditions have:
been met, the City Treasurer shall, upon payment of $100 .00 e
slay of operation, issue a license specifying the name and
address of the licensee, the kind; of festival licensed_ and the
nurser of days ' operation authorized. '-E'h.e ,Licensee shall keep
said license posted in a conspicuous place upon the promises
at which the festival is conducted. No license issued pursuant
to this Ordinance shall be transferable or removed to another`
location.
1) . Inspection .. After issuance of a license, the City
Manager is responsible to provide inspection of the activity
to insure compliance with the terms of this Ordinance
SECTION VIII, Licensing Conditions.. At the hearing
required under Section STI, the City Council may establish con-
ditions which must be met prior to the issuance of any license'
under this Ordinance, except that the City Council may take a
utter under submission before determining which conditions
shall be imposed. Where the City 'Council takes a matter under
submission, written notice of any conditions imposed as pre-
requisite to the issuance of a license mush be mailed to the
applicant within fifteen 15 days of the original hearing.
The and tions which may be imposed by the City Council pursuant;
to the city' s general police power for the protection of health,
safety and property of local residents and persons attending
festivals in the city are as follows:
a POLICE PROTECTION: Every licensee shall employ at his
own expense, police protection. The number and type of officers
shall be determined, specified, and approved by the Chief of
Police, City of Redlands,, to provide for the preservation of
order and protection of property in and around the place of the
festival: . Funds to employ this specified number of law enforce-
ment officers at the current hourly salary rate for City o
Redlands Police Officers shall be deposited by the licensee with
the City Treasurer er at least ten (lel) days prior to the specified
date the activity is to occur. A minimum of one law enforcement
officer for every, five hundred (500) persons expected to be in
attendance shall be required
Where ere the Chief of Police specifies the employment of off-
duty peace officers to meet the requirements of this Ordinance,
said peace officers shall be under the complete direction and
control. of the Chief of Police, City of Redlands . Me Chief of
Police must be satisfied that the `eq isite nuil)er of peace
officers will be provided at all times of operations, plus any
specified time prior to and following the event, before a license
Ordinance No 1457
Page three,
X
is issued. The licensee must also furnish the City Manager,
City of Redlands, prior to granting of a license, written
permission for City of Redlands law enforcement officers or
city officials to enter upon the premises for the purpose of
any inspections deemed necessary by the City Manager,..
b WAFER. FACILITIES: Every licensee shall provide from
'the City of Redlands Public Works Department an ample supply
of potable eater for drinking and sanitation purposes on the
premise: of the festival,... Location of water facilities on the
premises must be approved by the Director sof Public Warks prier
to issuance of a license
The minimum supply of water to outdoor festival shall be
fifteen (15),, gallons of nater for each person in attendance per
day. All water shall meet tit S. Public health Service standards.
Public and private flush type water closets, lavatories and
drinking facilities shall be required; as deter-mined by the City
of Redlands Director of Public Works . Sewage and drainage systems
relating to such facilities scall meet the requirements of and
be subject to the prior approval of the Cite of Redlands Director
of Public Works and. the Director of Building and Safety,.
c FOOD CONCESSIONS : Where the proposed festival, is to be
held a substantial distance from public eating places, foot
handling places or like establishments, applicant shall be re-
quired to demonstrate that food Will be available at the -premises=
for each day of operation to adequately feed the number of per-
sons expected to be in attendance . Concessionaires must be li-
censed and operate under a valid County of ,San Bernardino 'Health
Department permit pursuant to local ordinances and state l=aws ._
Every licensee shall, provide at least, one flus type water closet-
and lavatory for each sex in a closed facility for employees of
each, food concession or operation within the enclosure area of
such food operation unless otherwise approved by the County Health
Officer. Under no circumstances shall the Health Officer allow
such flush type water closets and, lavatories to be located more
than. fifty (50) feet from the food concession or operation. All
lavatories required in conjunction with food concessions and food:
operations shall be provided wit-Ti hot. ;and. cold Water under
pressure which shall be dispersed by an approved type mixing
faucet,.
All sewage, sink Waste and waste water from Water closets,
lavatories, sinks operated in connection With food concessions
or food operations shall be disposed of to a publmic sewer or a
sewage disposal system approved by the County of San Bernardino
Health Officer and awhe City of Redlands Director of Public Works.
d. SANITATION FACILITIES REQUIRED. Every licensee shall
provide at least one enclosed flush typo; Water closet facility
Marked "Mend" and, ,one such facility marked "Women" on the premises
Ordinance No. 1457
Page four
l
of a festival on; the basis of one flush type water closet for
each forty ( ) males and one for each forty (40) females
expected to be in attendance. Urinals mai, be substituted for
the required flush tape water closets for men on the ratio of
one urinal and one flush type grater closets for men on the ratio
of one urinal and one flush type water closet per sixth ( 0,)
rales .
Lavatories provided with cola water under pressure, soap
and paper travels shall be provided on the basis of one lavatory
foreach seventy-five (75) persons expected to be in attendance.
Were flush type water closets cannot: be made available
for the persons in attendance, the City Council may allow the
use of portable chemical toilets. Such chemical toilets must:
meet the approval of the San Bernardino County health Officer
before any license may be issued. Chemical toilets shall be
emptied and recharged at the licensee ' s expense as necessary'
pursuant to procedures established by the San Bernardino County
Health Officer.
The requirement for water flush type water closets for
food concessions, food operations and for the use of employees
may notbewaived.
Every ,licensee shall be required to furnish at least one
l) trash can with thirty-six (f ) gallon capacity with a -tight
fitting lid for each twenty-fire 5) persons expected to be in
attendance, an adequate supply of plastic Haag liners to fit the
trash receptacles shall be provided and each container shall at
all times have a plastic bag liner inserted and when full it
shall be tied, reproved and a new plastic bag Liner inserted,..
The pick-up and removal of refuse trash, garbage and rubbish
shall be at least once a day and, more often if required by the
City of 'Redlands Disposal Superintendent. Removal of all trash
and refuse shall be at the licensee ' s expense,ase, and will. be done
by the City of Redlands Disposal Department. The bond posted by
the licensee may be charged for this expense, if necessary.
e., MEDICALFACILITIES : The ;applicant shall provide as
required by the City Manager emergencytreatment facilities on
the premises of the festival .
The location of such facilities, number of doctors, psychi-
atrists,gs, psychologists, nurses and other aides needed to staff
said facilities and the quantity of medical supplies, drugs
ambulances, and other eqtiipment that must be on the site shall
be approved by the City Manager prior to the issuance of any
license under this Ordinance. °she City .tanager shall calculate
the need: for medical_ >services, based on -he number of persons
expected to heed a festival, their expected age grasp, the
Ordinance No. 1457
Page five
4 ;, :
ri
duration of events planned and the possibility of exposure t
inclement weather and outdoor elements
Traffic lanes and other adequate spare shall be designated
and kept open for access and travel. for ambulance, helicopter,;
and other emergency vehicles to transport patients, or staff t
appropriate on and off-site treatment facilities ,.
f. PARKING AREAS . Every licensee shall provide adequate
parking space for persons attending the festival. Persons
desiring to operate or conduct a festival will be called upon
to provide a separate parking space for every three ( 3) persons
expected to attend the festival.. Such individual parking spaces
shall be clearly marked and shall not be less than nine, (9) feet
gide and nineteen (19) feet long. The Planning ]director must
approve an applicant' s "parking pian" before a license shall be
issued .
g. ACCESS AND PARKING CONTROL: Every licensee shall pro-
vide adequate ingress and egress to festival premises and
parking areas therefor. Necessary roads, driveways and entrance-
ways shall east to insure orderly flow of traffic into the pre-
mises from, a highway° or road which is a part, of the city system
of highways or which is a highway maintained by the State of
California. A special accessway for fire equipment, arrfbulances
and other emergency vehicles ,may be required. 19ne Director o
Public Works must approve the licensee' s plan for ingress and
egress before a license shall be issued. Additionally, any
applicant may be required to show that traffic guards as approved
y the Chief~ of Police, City of Redlands, are employed by him to
insure orderly traffic movement and relieve traffic congestion is
the vicinity of the festival area.
h HOURS OF OPERATION: All festivals which are subject to
license under this Ordinance shall close and cease operation con-
tinuously between the hours of 2 o' clock A.M. and. 6 o' clock A.M. .
of each day, except that a festival site closer than 660 feet
from any residential, zone shall cease operation between; 10 o ' clock
P.M. and 6 o' clock A.M.
i . ILLUMINATION: Every- licensee planning to conduct a
festival after dark, or planning to allow persons Vrio attend the
festival to remain on the premises after dark, shall provide
electrical illumination to insure that these areas which are
occupied are lighted at all tures. The Director of Public Works
must approve an applicant' s lighting plan as a prerequisite to
issuance of a license hereunder.
A licensee may be required to illuminate specific areas on
the premises> in accordance with the following scale of lighting
intensity
Ordinance No. 145-7
Page sig:
Illumination Watts/sq. ft
Open areas reserved. forr 0. 50
Stage areas 5 .50
Parking and overnight areas O � 25
Restroom and concession areas 1 .0
j . OVERNIGHT GHT C APING FACILITIES : Every licensee authorized,
to allow persons who attend the festival to regain on the pre-
mises overnight shall provide camping facilities and overnight
areas that meet the requirements of the California. Administrative
Code Title 25 for mobile home parks, special occupancy trailer
parks and campgrounds including travel trailer parks, recreational
trailer parks, temporary trailerp arks incidental camping areas
and tent camps„. Such areas and facilities shall be approved b
the Director of Building and: Safety prior to the issuance of any
license.
k. BONDS Any licensee may be called upon to post an in-
demnity bond and/or a performance band in favor of the ,city in
connection with the operation of a festival . Bonds required b
this Ordinance must be approved by the City Attorney prior to
the issuance of a license, An applicant may be required to; sub-
mit a surety bond written by a corporate bonding company author-
ized to do business in the State of California by the Department,:
of Insurance, in a penal amount determined by the City Council..
Said bond shall indemnify the City of Redlands, its agents,
officers, :servants and employees and the City Council against any
and all loss, injury and damage of any nature whatsoever arising
outof, or in any way connected with,, said festival, and shall
indemnity against loss, injury, and damage to bath person and
property;. Additionally, the City may demand that applicant pro-
vide a corporate surety bond written by a corporate bonding
company authorized to do business in the State of California.,
indemnifying the City of Redlands and the owners of property
adjoining the fe,stiva:l site for any costs necessitated for cleaning
up and/or removing debris, trash or Cather waste from, in, and
around the premises,. Said bond shall be in an amount determined
by the City Council
1. FIRE PROTECTION: Every licensee shall provide, at his
own expense adequate fire protection equipment as determined by
the Fire Chief, City of Redlands, If the event is located in a
hazardous fire area as defined by the Fire Chief, a suitable num-
ber of Fi re Guards, as approved by the Chief, shall be employed; by
the licensee. Flammable vegetation and ether fire hazards shall
be removed in a manner and in such quantity as determined by the
Fire Chief. First aid and fire extinguishment equipment shall be
provided as directed by the Fire Chief.
M. FINANCIAL STATEMENTS: Each licensee shall: be required
to provide a financial statement to give assurance of the ability
Ordinance Bance o. 1457
Page seven;
of the promoter and;/or applicants to meet the conditions o`
the permit.
n. COMMUNICATION: Licensee shall be required to establish
a communication system for publicuse where ordinary communica-
tions
unica-tion; are not. available.
0,., MISCELLANEOUS: Any applicant: may be required to meet
any other condition prior to receiving a license to conduct a
festival. which is reasonable calculated as necessary to protect
the health, welfare, and property of local residents and persons-
attending a festival
SECTION IX Grounds for Denial of License: Notice of
Denial . After holding the required public hearing, the Cite
Council may deny issuance of license if it finds any of the
following:
a. That the applicant fails to meet the conditions imposed
pursuant= to this Ordinance
b That the proposed festival will be conducted in a. manner
and,/or location not meeting the health, zoning, fire or building
and safety standards established by the ordinances of the City'
of Redlands or the laws of the State of California .-
C. That the applicant, his knowingly made a false, mislead-
ing or fraudulent statement of material fact in the application
for license, or in any other document required_ pursuant to this
ordinance.
d That the applicant, his employee, agent, or any person;
connected or associated with the applicant as partner, director,
officer, stockholder, associate, or manager has previously con-
ducted the tape of festival being applied for which resulted in
the creation of a public or private nuisance.
e. That the applicant, his employee, agent, or any person
associated with applicant as partner, director, officer, stock-
holder, associate, or manger has been convicted in a court of
competent jurisdiction, by final judgment of.
(l) an offense involving' the Presentation, exhibition,
r performance of an obscene production, motion picture or play;
r of sealing obscene matter; .or
( ) an offense involving` lewd conduct, or
( ) an offense involving the use of force and violence
upon the person of an tithe ; or
(4) an offense involving misconduct withchildren,- o
Ordinance No. 1451
Page eight:
t�
5 a felony offense.
Where the applicant: is denied, the City Clerk shall mail
to the applicant written notice of denial within fourteen rte 1.
plays of aid' act i n, hich notice shall include a statementof
the reasons ,thelapplidation was denied.
SECTTOIN X. Complaints,. Any hers may file e complaint ,
with the 'City Clerk of the City of edla.ads 'cr may petition
the City Council clonductlalhearing concerning the revocation
of the license any l ,licensee.. e City Clerk of the City of
Redlands shall plant notice of the ccm lain or petition and set
the date for hea ing b theCouncil— Such hearing shall normally
be set for th& next, reqularly scheduled clla meeting but i
event shdlI be set' for I less than ten (1 0) days from the date
of kilingof complaint r; petit'
SECTIONXI. Revocation of License. The ity' p .cil
!the City of Red1lands , shall have the +fi rer to revoke any ,ll.cense,i
or t revoke azo. 'r ins,ale ani ll erase'; � s table cca data cns,
when the following causes exists
a. The licensee fails, neglects or ,refuses to pay tthe
City 'treasurer the fee' pre8cribed by thls' rdltanceil
b. The licensee, his employee or agent, ' fails, zpeglects,,
r reuses to fulfillany' r X1.1 of the conditions im o ed ur-
sa. t to this Ordinance.
c. The, licensee a I 16ws the festival t be conducted ina
manner which violates any law, or , regulation established by the
ordinances, of the City of Redlands or the laws of the Mate of
1rna.
d. Th e licensee all6ws: the festival to be conducted in a
: disorderlymanner or knowingly allows any Pierson to r ' in ori
the premises of , the f sti l while l_e" under the l.n' 'l uence of in-
toxicating
st ica.ting ll.g r, or any narco-tic or dangerous drug.
e. The licensee, hiEs employee oragent, i :convicted of
any of the tfenss era ;Ated under Section IX.
T1 N X1; tice latent 't evoke, Hearing. Notice
of intent t re cke any license shill be gl en and the licensee
shah, be entitled to a, hearing. The Chir Clerk of the, City of
Redl n is shall give notice, setting forth the causes for rov
c ti n and shall state the time and place at Which the matter ,
of revocation will be heard before r the :it ' cil. '$aid notice
shall be mailed not Mer than ten 1 dabs prior to the date
set ;dor hearing, The ' It Council shall hear all interested,
partes and mai revoke a license only for one or more causes,
Ordinance No. 145
gage s l,ne
.fir
enumerated by Section XI.,
SECTION XIII. Violations: Remedies ;of City. It shall
be unlawful for any licensee, employee, agent or person associ-
ated
s ciated with said licensee, to do any of the following.
a Conduct or operate a festival without first procuring
a license to do so.-
b Sell tickets to a festival without a. license first
having been obtained*
C. Operate, conduct or carry on any festival in such
manner as to create a public or private nuisance
dExhibit, show or conduct: within said place or festival
any obscene, indecent, vulgar or lewd exhibition, show, play
entertainment or exhibit no matter by what name designated°
e. Allow any person on the premises of the licensed
festival to cause or create a disturbance in, around, or near
any place of festival:; by offensive or disorderly conduct.
f. Knowingly allow any person to consume, sell, or be in
possession of intoxicating liquor while in a place of a- festival
except where such consumption or possession is expressly author-
ized under the terms of the Ordinance and ender the laws of the:
State of California,
g. Knowingly allow any person at the licensed festival to
use, sell, or be in possession of any narcotic or dangerous
drug whale in, around, or near a, place of the festival.
Any of the above enumerated violations shall constitute ,a
criminal act and shall be punishable pursuant to ordinances of
the city of Redlands and the laws of the State of California.
It is provided., however, that the City of Redlands retains any
and all civil, remedies, including "the right of civil injunction
for the prevention of said violations and for the recovery of
money damages therefor.
SECTION XTV. This ordinance is hereby declared to be an
urgency measure and necessary for the immc,diate protection and
preservation of the public peace, health, safety, and welfare
of persons and property within the City of Redlands . The facts
establishing the necessity of :such urgency' measure are these,
That; the City Council is aware of the recent events at Woodstock,
Now York, and Altamont, California involving so-called "rock
festivals" and the adverse effect thereof upon the public safety,
health, and welfare of those con-nunities:; that it has come to
the attention; of the City Council that there are persons already
making inquiry of various offices of the City of Redlands
Ordinance No. 1457'
Page; tell
concerning 'the holding f rock festivals, which, if held
without regulations contained within this ordinance, may be
inimical to the public- safety, health, and. welfare. Therefore,
this ordinance shall take effect immediately upon its adoption.
Prier to the expiration of fifteen (1 5) days from the passage-
hereof, the ordinance shall be published n-ce in the Redlands
Daily Facts, a newspaper of general circulation n printed and
published in the City of Redlands, with the names of the
members of the City Council voting for and against, the sable.
ATTEST-.
N ay r cif. tie itv of Redl.arlds
v
C i ;,' l e rk
APPROVED FOR .Ftp
sl Edward F. Taylor
City Attorney
:, Peggy A. Moseley, 'City Clerk, City of Redlands, 'hereby certify
that the foregoing ordinance was adopted by the City Council at
a regular meeting thereof held on the l7tll day of August 1972,
by the following vote:
AYES.- Councilmen Do- irjyn, Miller, Sewall,., Mayor Cummings
NOES : None
ABSENT: Cruncilman Knudsen
l RedJAnds
=t
Ordinance tato. 1..45