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HomeMy Public PortalAbout02 Replacing Chapters 9.05 of the Municipal Code Regarding Special Events Policy and Special Uses in the Right of Way TOWN OF TRUCKEE California ORDINANCE 2018-02 AN ORDINANCE OF THE TOWN OF TRUCKEE REPLACING CHAPTERS 9.05 AND 13.02 OF THE TOWN OF TRUCKEE MUNICIPAL CODE REGARDING SPECIAL EVENTS POLICY AND SPECIAL USES IN THE RIGHT OF WAY WHEREAS;the Town Council previously adopted Ordinance 2008-10 on September 28th, 2008 amending Chapter 9.05 of the municipal code addressing expressive activities and special events; and WHEREAS; Town of Truckee Municipal Code Chapter 13.02 addresses special uses in the right of way, which also applies to many special events. The Town Council of the Town of Truckee Does Ordain as Follows: Section 1. The Town Council hereby repeals Chapters 9.05 and 13.02 of the Truckee Municipal Code in their entirety to read as set forth in Exhibits A and B, respectively, attached hereto and incorporated herein by reference. Section 2. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of the ordinance. The Town Council of the Town of Truckee hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that one or more sections,subsections, sentences, clauses or phrases may be held invalid or unconstitutional. Section 3. The Town Clerk is hereby directed to publish this ordinance in accordance with the law. * * * * * Ordinance 2018-02 Page 2 The foregoing ordinance was introduced at a regular meeting of the Truckee Town Council held on the 13th day of February, 2018, and adopted at a regular meeting of the 111 Truckee Town Council, on the 27th day of February, 2018; Council Member Flora moved for the adoption, the motion was seconded by Vice Mayor Tirman, and was carried by the following vote: AYES: Council Members, Abrams, Flora, Goodwin; Vice Mayor Tirman, and Council Member Wallace Dee. NOES: none. ABSENT: none. arolyn allace Dee, Mayor ATTEST: APPROVED AS TO FORM: . Judy Pri e, MM ' own Clerk Andy Morris, Town Attorney CHAPTER 9.05. EXPRESSIVE ACTIVITIES AND SPECIAL EVENTS Section 9.05010 Purpose. This chapter is adopted for the purpose of regulating special events, with or without expressive activity occurring in whole or in part on or within a Town street, trail, parking facility, sidewalk, plaza or other public right-of-way or on private property which obstruct, delay or otherwise interfere with the normal flow of vehicular or pedestrian traffic, or which do not comply with applicable traffic laws or controls. Council may by resolution adopt a Special Event Policy to expand upon and aid in administering this chapter. Section 9.05.020 Definitions. Unless the contrary is stated or clearly appears from the context, the following definitions shall govern the construction of the words and phrases used in this chapter. (a) "Aggrieved Person" means any person who is adversely affected by a determination made or action taken by a Town officer or employee pursuant to the provisions of this chapter in a manner significantly greater than the public generally, including, but not limited to, any applicant for a permit required by this chapter who is adversely affected by the action of the Director of Public Works or Town Manager on such permit. (b) "Applicant" means the named person on the Completed Permit Application who is planning or organizing the event or activity. If permit Is issued, Applicant shall be responsible for adherence to all Permit requirements. (c) "Chief of Police" means the Chief of Police of the Town of Truckee and his/her designee. (d) "Completed Permit Application" means a document package that includes both the mandatory and any supplemental plans per the requirements set forth in this document and the payment of any required fees. (e) "Director of Public Works" means the Director of Public Works of the Town of Truckee and his/her designee. (f) "Peak Season Traffic Impact Event" means any event that (1) will require traffic control measures including road closure on an arterial or primary roadway; traffic control points; or personnel required to implement a traffic control plan, and (2) will take place between the third Friday of June and Labor Day; or the third Friday in December through the first Sunday in January. (g) "Special Event" means and includes, but is not limited to any organized activity conducted within the incorporated limits of the Town of Truckee which either (i) requires traffic control measures on a public rights-of-way, Town staffing, or Town equipment; or (ii) occurs in whole or in part on or within a Town street, trail, parking facility, sidewalk, plaza or other public rights-of-way and (a) obstructs, delays or otherwise interferes with the normal flow of vehicular or pedestrian traffic; or (b) does not comply with applicable traffic laws. Examples of special events include, but are not limited to, outdoor concerts, parades, circuses, fairs, festivals, block parties, street fairs, community events, sporting events (such as running or cycling events), and community celebrations and observances conducted on town property or public rights-of-way. (h) "Special Event with Expressive Activity" means an organized activity for which the sole or principal objective is the expression, dissemination or communication of opinions, views, or ideas by verbal, visual, literary or auditory means. (i) "Town Council" means the Town Council of the Town of Truckee. (j) "Town Manager" means the Town Manager of the Town of Truckee and his/her designee. (k) "Traffic Control Measure" means any measure needed to regulate the normal flow of traffic that include, but are not limited to flaggers, barricades, cones or the placement of detours. Section 9.05.030 Administration by Director of Public Works. The Director of Public Works shall have primary responsibility for the administration of the Title 9-30 provisions of this chapter and the adopted special events policy. In carrying out such responsibilities, the duties of the Director of Public Works shall include, but not be limited to, acting on all applications for a permit required by this chapter. In addition, the Director of Public Works shall be authorized to revoke a permit issued pursuant to this chapter in the manner provided for herein. Section 9.05.040 Permit required. (a) It shall be unlawful for any person to conduct, sponsor, or knowingly participate in any special event with or without expressive activity unless and until a permit for such event has been approved and issued in a manner hereinafter provided by this chapter. (b) Permits are required for any activity meeting the definition of a Special Event or Special Event with Expressive Activity set forth above. (c) Permits are not required for any activity conducted by a public agency or district acting within the scope of its authority, and which do not cause traffic or safety impacts. Lawful picketing and other events which take place on Town streets, sidewalks, or other public rights-of-way and which will comply with applicable traffic regulations, laws, and controls, and which do not obstruct such streets, sidewalks, or other rights-of-way also do not require permits. Section 9.05.050 Application for permit— Procedure and time requirements. (a) Special Event. i. Except as provided in subsection (b) of this section, completed applications for a permit authorizing a Special Event: A. Shall be filed in the office of the Director of Public Works: (i) Not less than seventy-five (75) calendar days, nor more than six (6) months before the time it is proposed to conduct such event, in order to ensure adequate time for an appeal to the Town Council from a determination by the Town Manager to deny the application or approve the application subject to conditions; or (ii) Sixty (60) calendar days but less than 75 calendar days prior to the date of such event, in which case the opportunity to appeal to the Town Council is deemed waived. B. Shall be denied, approved or approved subject to conditions by the Director of Public Works within thirty (30) days after receipt of the application. (b) Special Event with Expressive Activity. i. A Completed Permit Application authorizing a Special Event with Expressive Activity: A. Shall be filed in the office of the Director of Public Works: (i) Spontaneous Special Event with Expressive Activity: To the extent possible, no less than four (4) hours before the time it is proposed to conduct such event, in such cases where the proposed activity is a rapid response occasioned by news or affairs coming into public knowledge. In order to best coordinate services, as much notice as possible is desirable; or (ii) Non-spontaneous Special Event with Expressive Activity: Not less than sixty (60) calendar days, nor more than six (6) months before the time it is proposed to conduct such event, in order to ensure adequate time for an appeal to the Town Council from a determination by the Town Manager to deny the application or approve the application subject to conditions; or (iii) Five (5) calendar days but less than sixty (60) calendar days prior to Title 9-31 the date of such event, in which case the opportunity to appeal to the Town Council is deemed waived. B. Shall be denied, approved or approved subject to conditions by the Director of Public Works within 10 days after receipt of the application. ii. The Special Event insurance required shall be waived or modified by the Director of Public Works or Town Attorney for any permit authorizing a Special Event with Expressive Activity if it would create an undue burden on such exercise and the applicant has elected to indemnify the Town. Section 9.05.060 Application for Permit— Form and Content. Applications for a permit authorizing an event shall be filed by a natural person, shall be in a form prescribed by the Director of Public Works, and shall be accompanied by an application fee in an amount established by the Town Council not to exceed the reasonable costs of Town services required. A completed application includes the mandatory items listed below and any supplemental plans or application questions required per the intended doings of the proposed event or activity. (b) All Permit Applications Packages must Include: i. Completed Town Application Form and Event Diagram ii. Application Fee iii. Certificate of Insurance (c) Supplemental Application Questions, if applicable: i. Peak Season Traffic Impact Event section ii. Downtown Special Event section iii. Request for Fee Waiver section (d) Supplemental Plans, if applicable i. Security Plan ii. Traffic Control Plan iii. Waste Reduction Plan iv. Emergency Medical Plan v. Restroom Facility Plan vi. Parking Plan Section 9.05.070 Fees and Charges. (a) Permit Fees. The Town Council shall, by resolution, establish a schedule of fees for permits, Town services and other matters pertaining to this Chapter. The schedule of fees may be changed or modified only by resolution of the Council. Processing shall not commence on any application until the required application fee has been paid. The Town does not waive application fees unless as stated within this chapter. Depending on the Town equipment and/or services requested in the application package, additional service charge fees may be incurred by the applicant. All fees related to the proposed event shall be based on the actual costs for providing service and equipment. An invoice detailing the additional fees to be paid will be provided to the applicant when the application is approved, not more than 10 days after receiving a completed application package. Fees must be paid prior to the applicant receiving the permit. (b) Refund and Withdrawal. Recognizing that application fees cover the costs of staff time involved in processing applications, refunds due to a denial are not allowed, except in the case of an appeal hearing by the Town Manager or Town Council in compliance with the appeals procedures of this policy. In the case of a withdrawal, the Town may authorize a partial refund based upon the determination of the Director of Public Works of pro-rated costs to-date and the status of the application at the time of withdrawal. Title 9-32 Section 9.05.080 Application for Fee Waiver. (a) Special Events with Expressive Activity. The fees required by this chapter shall be waived or modified by the Director of Public Works for any permit authorizing an event involving expressive activity, to the extent that such fees would create an undue burden on such exercise. (b) Special Events without expressive activity. In certain limited circumstances, the Town may approve a waiver of Special Event fees. The Director of Public Works may approve a fee waiver up to a dollar threshold established in the Special Events Policy document. Any fee waiver exceeding this threshold will require approval of Town Council. Applicant must submit the Fee Waiver Request section of the Special Event Application at least sixty days prior to the commencement of the event to be considered for fee waiver. The Director of Public Works or Town Council shall consider the following as positive factors in the review of each request for a fee waiver: i. A Special Event that will provide programs for local youth, seniors, or low income populations; raise funds for organizations that provide free or low-cost programs for local youth, youth organizations, seniors, or low income populations; or has a focus on education, public health, or public safety. ii. A Special Event that is organized by a nonprofit or community organization, primarily for the benefit of the Truckee community. iii. A Special Event that is non-revenue-generating (i.e. no participant fees or vendor fees will be charged). iv. A finding that the imposition of special event permit fees will create a financial hardship on the event applicant or will have a detrimental effect on the services provided to the public. Section 9.05.090 Action on Permit Application — Approval and Issuance of Permit. (a) Completeness and Timeliness of Application. Approval requires the submittal of a completed permit application package within the required timeframe outlined within this document and that all application information is true and complete. The completed permit application package must be received by the Director of Public Works and all additional fees for service must be paid prior to the issuing of a permit. If any information is not received within the required timeframe the application may be denied. (b) Approval. When the Director of Public Works determines that a completed application has been filed for a permit authorizing an event in a manner required by this chapter, and that there are no grounds for denying such permit, the Director of Public Works shall approve such application subject to all the general conditions authorized by this chapter and determined by the Director of Public Works to be necessary in order to protect the safety of persons and property and/or the control of pedestrian and vehicular traffic in and around the site of the event. Section 9.05.100 Action on permit application—Peak Season Traffic Impact Event annual cap and selection process Any event that will take place during peak summer or winter season and will require traffic control measures including road closure on an arterial or primary roadway, traffic control points, or personnel required to implement a traffic control plan shall be considered a Peak Season Traffic Impact Event. To mitigate the cumulative impact of such events, the Director of Public Works will implement a cap on the number of Peak Season Traffic Impact Events permitted each year according to the following procedures. Title 9-33 (a) Application and selection. The Special Events Policy document adopted by the Town Council will specify Peak Season Traffic Impact Event selection criteria, application priority due date, and an annual maximum number of summer and winter Peak Season Traffic Impact events respectively. (b) Due date. All applications received by the due date will be evaluated at one time. If the number of applications received by the due date exceeds the annual cap, the Director of Public Works will evaluate each application based on the stated selection criteria and will select the best applications to fill the allowed number of Peak Season Traffic Impact Events under the annual cap. If the number of applications received by the due date does not exceed the annual cap, each application received by due date will proceed according to the approval and issuance of permit and denial of permit procedures required by this section. Any application for a Peak Season Traffic Impact event received after the due date will be considered as received if the annual cap has not been reached. (c) Multi-day Peak Season Traffic Impact Events. For multi-day events, each event day shall be counted as one Peak Season Traffic Impact Event under the annual cap. (d) Expressive Activity Peak Season Traffic Impact Events. Any application for a Special Event with Expressive Activity will not be subject to the Peak Season Traffic Impact Event due date and annual cap procedures required by this section. Section 9.05.110 Action on permit application — Permit conditioning When acting on a permit authorizing an event, the Director of Public Works, after reviewing the facts, may condition any permit issued pursuant to this Chapter with reasonable requirements concerning the time, place or manner of holding such event, as necessary 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 site of the event. Such conditions may include, but are not limited to, the following: (a) The accommodation of an event's pedestrian and vehicular traffic, including restricting events to Town sidewalks, portions of a Town street, trail, or other public right-of-way; (b) Conditions designed to avoid or lessen interference with public safety functions and/or emergency service access; (c) The number and type of vehicles, animals, or structures to be displayed or used in the event; (d) The inspection and approval by Town personnel of stages, booths, floats, structures, vehicles or equipment to be used or operated in the 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; (e) The provision by applicant of privately-contracted equipment or support services, including licensed security and/or traffic control staffing, traffic cones, barricades, and signs; (f) The provision or use of police and/or emergency services; (g) The manner of providing notice of permit conditions to event participants; (h) The manner of providing advance notification to businesses or residents who may be directly affected by the conduct of the event; (i) The manner by which alcohol sales and service, if any, shall be conducted at the event; (j) The provision or operation of sanitary facilities, including handicap accessible sanitary facilities; (k) A security deposit or bond if the Director of Public Works determines that such deposit is reasonably necessary to insure against excessive damage, clean-up, or liability to the Town; (I) The provision of a waste reduction plan, including garbage, recycling and organic waste receptacles; (m)The establishment of an assembly or disbanding area for a parade or event; (n) The use of sound amplification equipment, and restrictions on the amount of noise Title 9-34 generated by motors and other equipment used in the course of the event; (o) The reasonable designation of alternate sites, times, dates, or modes for exercising expressive activity. Section 9.05.120 Special permit— Subsequent conditions. (a) Grounds for Special Permit Subsequent Conditions. The Director of Public Works may condition a permit authorizing an event when the Director of Public Works determines that there are grounds for conditioning a previously issued permit, provided that such facts were first disclosed or otherwise made known to the Director of Public Works after issuance of the permit. (b) Notice of Special Permit Subsequent Conditions. When the Director of Public Works decides to condition a previously issued permit based upon subsequently discovered facts, the Director of Public Works shall immediately cause a written notice of such action to be served on the permittee and shall provide copies of the notice to the Town Attorney and all other Town officers charged with carrying out any responsibilities under this chapter. However, when the Director of Public Works decides to condition a previously issued permit on the day of the event and has learned of such facts within 24 hours of the event, the Director of Public Works shall announce such action to the event participants, to those Town officers and employees engaged in monitoring or controlling traffic during the event, and to the person in charge of the event, if such person can be located at the site of the event. Thereafter, the Director of Public Works shall cause a written notice of such action to be delivered to the permittee and shall provide copies of the notice to the Town Manager and Town Attorney. (c) Content of Notices of Special Permit Subsequent Conditions. Any notification of action by Director of Public Works or Town Manager taken pursuant to subsection (B) or (C) of this section, whether oral or written, shall describe, with particularity, the facts and the reasons for the decision. Any such written notice may be by any written document sent or signed by the Director of Public Works, Town Manager or Town Attorney, respectively. Section 9.05.130 Action on permit application —denial of permit. (a) Grounds for Permit Denial. Any of the following findings by the Director of Public Works shall result in the denial of the application for a permit: i. The person applying for the permit has failed to provide supplemental application information requested by the Director of Public Works or has otherwise failed to complete the application; ii. The information contained in the application, including supplemental application information requested by the Director of Public Works, is found to be false in any material respect. (b) Additional Factors for Permit Denial. The following additional factors shall be considered by the Director of Public Works in determining whether the imposition of reasonable permit conditions will satisfy public health, safety, welfare or community impact concerns and allow the event to proceed as modified. If not, the Director of Public Works shall deny the application for a permit. Criteria for permit denial include: i. An application for another event to be held on the same date as that requested by the applicant has been previously filed or approved, and such other event is so close in time and location to the event proposed by the applicant as to cause undue traffic congestion or to place the Town in a position of being unable to meet the needs for police services for both events; ii. The time, route or size of the event will substantially interrupt the safe and orderly movement of traffic contiguous to the site or route of the event or disrupt the use of a street at its peak traffic time; Title 9-35 iii. The concentration of persons, animals or vehicles at the site of the event or at the site of an assembly or disbanding area around the event will prevent proper police, fire or ambulance services from reaching areas contiguous to the event; iv. The Special Event will require Town staffing and (a) Given the size and nature of the event, the reasonably available number of Town police officers and other personnel is not sufficient to ensure the safety of participants or the attending public; or (b) The size of the event will require the diversion of so many Town police officers that police protection to the rest of the Town will be seriously jeopardized; v. The event consists of a parade that will not move from its point of origin to its point of termination in three hours or less; vi. The location of the event will substantially interfere with construction or maintenance work previously scheduled to take place on or along the Town street, parking facility, sidewalk, trail or other public right-of-way to be occupied by the event; vii. The event will occur at a time when a school is in session and along a route or at a location adjacent to the school or a class thereof, and the noise created by the activities of the event will substantially disrupt the educational activity of such school or class; viii. The application is not timely submitted and there is insufficient time to investigate and process the application pursuant to the timelines herein. (c) Grounds for Permit Denial for Special Events without Expressive Activities. The following additional factors will be considered grounds for permit denial for all Special Events without Expressive Activities: i. The event will be a Peak Season Traffic Impact Event and the event was not selected under the Peak Season Traffic Impact Event annual event cap, as required herein; ii. The Special Event would require one or more road closures and/or traffic control in the downtown area and the Director of Public Works determines that the proposed event will not provide sufficient economic and/or community benefit to warrant such impacts; iii. The Director of Public Works determines that the Special Event would have substantial negative unmitigated impacts on the environment, including but not limited to pollution, litter, or erosion. Section 9.05.140 General permit conditions —Indemnification agreement and Liability Insurance. (c) Indemnification Requirements. As a condition precedent to the issuance of a permit authorizing an event, any applicant proposing an event not involving expressive activity, and any applicant proposing an event involving expressive activity which has elected to indemnify the Town in lieu of providing insurance, shall enter into an agreement with the Town in a form approved by the Town Attorney which shall set forth the undertaking of the applicant to indemnify the Town, hold the Town harmless and reimburse the Town from and for any liability, damage or loss occurring during the course of the event authorized by such permit where such liability, damage or loss is proximately caused by the negligent or intentional act or omission of the applicant, any officer, employee or agent of the applicant, or any person who is under the applicant's legal control. In addition, such agreement shall provide that in the event a claim is made against the Town by suit or otherwise, whether the same be groundless or not, arising out of such negligent or intentional act or omission, the applicant shall defend the Town and shall indemnify the Town for any judgment rendered against it or any sums paid out in settlement or otherwise. Such agreement shall be filed with the Town Attorney prior to the issuance of the permit. Title 9-36 (d) Waiver of Indemnification Agreement. The indemnification agreement required by this section shall be waived or modified by the Town Attorney for any permit authorizing an event involving expressive activity, if it would create an undue burden on such exercise. (e) Insurance Requirements. As a condition precedent to the issuance of a permit authorizing an event, the applicant shall furnish a certificate of insurance on a fully paid comprehensive public liability and property damage insurance policy from a licensed broker, protecting the Town, its officers, agents, elected officials and appointed officials, and employees from any and all claims which may result from or in connection to the special event, as well as a policy of workers' compensation insurance covering the applicant's employees who will be involved in the special event. If the event will include alcohol, liquor liability coverage must be included on the certificate of insurance. The Town must be named as an 'additional insured' through an endorsement to the policy for which the certificate is issued. The applicant's insurance coverage shall be primary insurance as respects the Town of Truckee, its officers, agents, elected and appointed officials, and employees. Any insurance or self-insurance maintained by the Town of Truckee, its officers, agents, or elected and appointed officials, and/or employees shall be excess of the applicant's insurance, and shall not contribute with it, and shall contain standard separation of insured's provisions. The applicant must produce a copy of the policy with all policy endorsements. All required insurance documents must be submitted to the Town of Truckee at least fifteen (15) days prior to the special event. Limits of insurance are generally $1,000,000.00 for death or bodily injury and property damage. Limits and types of insurance may change because of the different activities of each special event. Such insurance shall be maintained in full force and effect throughout the course of the event authorized by such permit. (f) Waiver of Insurance Requirements. The insurance required by this section shall be waived or modified by the Town Attorney for any permit authorizing an event involving expressive activity, if it would create an undue burden on such exercise and the applicant has elected to indemnify the Town as set forth in the previous subsection. The Town Attorney or his or her designee may require such proof and documentation as he or she may deem reasonably necessary to verify that a parade or event seeking a waiver of insurance requirements pursuant to this subsection involves expressive activity. Section 9.05.150 Revocation of permit. (a) Mandatory Revocation by Director of Public Works. The Director of Public Works shall revoke a permit authorizing an event if the Director of Public Works determines that there were grounds for denying the permit, which were first disclosed or otherwise made known to the Director of Public Works after issuance of the permit and such facts were not discoverable by the exercise of due diligence by the Director of Public Works prior to the issuance of the permit. (b) Discretionary Revocation by Director of Public Works. The Director of Public Works may revoke a permit authorizing an event if the Director of Public Works determines that the event is being conducted in violation of the terms and conditions of the permit or that event participants have violated any applicable law or regulation; provided, however, that this subsection shall not authorize the revocation of a permit because of the need to protect participants from the conduct of others unless there are insufficient resources available to provide necessary police protection; and provided further, that the Director of Public Works shall not revoke a permit in the manner provided by this subsection unless and until the Director of Public Works advises the permittee or responsible event participants of such violation and provides a reasonable opportunity to correct such violation. (c) Notice of Revocation. When the Director of Public Works decides to revoke a permit prior to the date of event, the Director of Public Works shall immediately cause a written notice of such action to be served on the permittee and shall provide copies of the notice to the Town Attorney and all other Town officers charged with carrying out any responsibilities Title 9-37 under this chapter. However, where the Director of Public Works decides to revoke a permit on the day of the event and has learned of the facts justifying revocation within 24 hours of the event, the Director of Public Works shall announce such action to the event participants, to those Town officers and employees monitoring or controlling traffic during the event, and to the person in charge of the event, if such person can be located at the site of the event. Thereafter, the Director of Public Works shall cause a written notice of such action to be delivered to the permittee and shall provide copies of the notice to the Town Manager and the Town Attorney. Section 9.05.160 Emergency suspension of authorized event. The Town Manager, Director of Public Works, Chief of Police and any sworn peace officer employed by the Town may temporarily suspend an event authorized by a permit whenever there is a fire, riot, or other emergency that requires the event to be temporarily suspended to protect public safety. When an event is temporarily suspended for this reason, the permittee and event participants shall immediately comply with the suspending officer's instructions. The Director of Public Works shall immediately attempt to notify the applicant orally and shall notify the applicant, Town Manager and Town Attorney, in writing, within 24 hours after the suspension, describing with particularity the facts and the reasons for the suspension. The writing may be by any written document sent or signed by the Director of Public Works, Town Manager or Town Attorney, respectively. Section 9.05.170 Cordoning off the route or site of an event. The Director of Public Works is authorized and directed to take action, or to require applicant to take such action to place barricades on or within the Town streets, parking facilities, sidewalks, or other public rights-of-way, and to undertake such other actions as may be necessary to cordon off the route or site of an event authorized by a permit. In addition, the Director of Public Works is authorized and directed to take action, or to require applicant to take such action, when appropriate, to post the route or site of such event as a no parking zone for the duration of the event and sufficiently in advance thereof as may be necessary to prevent vehicles from parking along the route or at the site of the event. Section 9.05.180 Public conduct during an authorized event. (a) Interference with Event. No person shall physically obstruct, impede, hamper or otherwise interfere with any event authorized by a permit or with any person, animal or vehicle participating or used in such event. (b) Driving Through Site of Parade or Special Event with Expressive Activity. No person shall drive a vehicle between vehicles or persons traversing the route of a parade or expressive activity event authorized by a permit when such vehicles or persons are in motion. (c) Prohibited Parking. No person shall park along or within any portion of the route or site of an event authorized by a permit, when the route or site has been posted as a no parking zone in the manner authorized by this chapter. Section 9.05.190 Appeals. Except as provided in this Chapter, any person aggrieved by the issuance, denial or revocation of a permit pursuant to this Chapter may appeal such decision: (a) To the Town Manager, for appeal to a decision made by the Director of Public Works. The aggrieved person must file a notice of appeal with the Town Clerk within five (5) calendar days of the decision by the Director of Public Works giving rise to said appeal. The notice of appeal shall contain a statement of the reasons why the aggrieved person believes that the decision of the Director of Public Works does not comply with the provisions of this chapter, and shall set forth the relief requested by such person from such decision. The aggrieved person shall have a right to a hearing before the Town Title 9-38 Manager (i) within seven (7) calendar days of the receipt by the Town Clerk of the notice of appeal, provided that the event is scheduled at least fourteen (14) day after the notice of appeal is submitted to the Town Clerk, or (ii) within two (2) business days of the receipt by the Town Clerk of the notice of appeal, provided that the event is scheduled fewer than fourteen (14) days but no less than forty-eight (48) hours after the notice of appeal is submitted to the Town Clerk. The Town Manager shall issue a decision orally at the conclusion of the hearing and shall also notify the applicant, the Director of Public Works and the Town Attorney, in writing, of the Town Manager's decision. (b) To the Town Council, for appeal to a decision made by the Town Manager. The aggrieved person must file a notice of appeal with the Town Clerk not later than three (3) days following the date the applicant has received written notice of a decision by the Town Manager pursuant to subsection (a) of this section. Such notice of appeal shall contain a statement of the reasons why the person filing the appeal believes that the decision of the Town Manager does not comply with the provisions of this chapter, and shall set forth the relief requested by such person from such decision. The appeal shall be heard and decided, unless continued for good cause, by the Town Council at its first regular meeting after the filing of the notice of appeal, subject to the notice and other requirements of the Ralph M. Brown Act. The Town Council shall determine the merits of the appeal, and the Town Council's determination to grant or deny the appeal shall be final. Within three days after the Town Council's decision, the Town Clerk shall notify the applicant in writing of the Town Council's decision. (d) Content of Notices of Denial. Any notification of action by Town Manager or Town Council taken pursuant to subsection (a) or (b) of this section, whether oral or written, shall describe with particularity the facts and the reasons for the decision. Any such written notice may be by any written document signed or sent by the Town Clerk or Town Manager, respectively. Section 9.05.200 Judicial review — Denial or revocation of permit. In the event of denial or revocation of a permit involving a Special Event with Expressive Activity, the Town shall file an action in the superior court of the state of California in Nevada County seeking to determine the validity of the denial or revocation. The action shall be filed as soon as practical, but no later than two court working days after such denial or revocation becomes final. The Town shall request, at the time of filing, that the matter be heard by the court as soon as possible. Section 9.05.210 Violations. Any violation of the provisions of this chapter, including any violation of the terms and conditions of a permit approved and issued in the manner provided by this chapter, shall be unlawful and punishable as a misdemeanor, subject to the provisions of Chapter 1.02 of this Code. Title 9-39 CHAPTER 13.02 SPECIAL USES IN THE RIGHT-OF-WAY 13.02.010 Definitions For the purposes of this chapter, a special event is an activity as defined in Section 9.05.020 of this Code. 13.02.020 Permit Required It is unlawful for any person, firm or corporation to make or cause to be made, an event within the street right-of-way which obstructs the normal flow of traffic, such as parades, foot, bicycle, or horse races done along the Town streets without first obtaining a permit subject to the provisions of Chapter 9.05 of this Code. A written application for a permit shall be submitted on a form provided by the Director of Public Works prior to the commencement of the event. The Director of Public Works will confer with the Chief of Police and Fire Chief before initiating an event permit. 13.02.030 Minimize Impact The event organizer shall plan the proposed event to minimize the impact on traffic and public use of the street right-of-way. The Director of Public Works may require additional enforcement personnel to staff road closures or specific traffic control. The event permit may be conditioned that the event organizer will provide traffic control staffing and equipment and will provide public notice to adjoining properties and along the proposed route.