§ 5-17.06. Application for permit: Procedure and time requirements.

(a)

Event. Except as provided in subsection (b) of this section.

(1)

Completed applications for a permit authorizing an event:

(i)

Shall be filed in the office of the Chief of Police at least:

(aa)

Forty-five (45) days prior to the date of such event in order to ensure adequate time for an appeal to the City Council from a determination by the Chief of Police to deny the application or approve the application subject to conditions; or

(ab)

Twenty-five (25) days but less than forty-five (45) days prior to the date of such event in which case the opportunity to appeal to the City Council is deemed waived.

(ii)

Shall be denied, approved or approved subject to conditions by the Chief of Police within ten (10) days after receipt of the application. After the decision, the Chief of Police shall immediately attempt to notify the applicant orally and shall immediately notify the applicant, the City Manager and the City Attorney in writing of the Chief's decision. The writing may be by telegram, facsimile or any written document sent or signed by the Chief of Police. Both the oral and the written notifications shall describe, with particularity, the facts and reasons for any denial or approval subject to conditions.

(2)

Acceptance by the applicant of the approval or approval subject to conditions shall be in writing and must be received by the Chief of Police within six (6) days after the applicant has been served with written notice of the Chief's decision. The writing may be by telegram, facsimile or any written document sent or signed by the applicant. Failure to accept as set forth herein or failure to file a timely appeal to the City Council shall automatically be deemed a withdrawal of the application. If the applicant files a valid written acceptance and has complied with the applicable conditions precedent, if any, in this chapter, the permit will automatically issue upon receipt of the written acceptance by the Chief of Police. The Chief of Police shall immediately notify the City Manager and the City Attorney that the permit has issued.

(3)

Appeals from the decision of the Chief of Police shall be made by filing a notice of appeal with the City Clerk not later than five (5) days following the date the applicant has received written notice of the Chief of Police's decision; provided that the City Council may extend the time for filing such notice of appeal for good cause shown. Such notice of appeal shall be in a form prescribed by the Chief of Police, shall contain a statement of the reasons why the person filing the appeal believes that the decision of the Chief of Police 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 City Council at its first regular or adjourned regular meeting on or after the day following the filing of the notice of appeal, subject to the notice and other requirements of the Ralph M. Brown Act. Within three (3) days after the City Council's decision the City Clerk shall notify the applicant in writing of the City Council's decision. The applicant shall have three (3) days after receipt of the notice to file a written acceptance of the decision with the Chief of Police. A failure to accept timely, if the appeal is upheld, shall automatically be deemed a withdrawal of the application. Because time is of the essence, there shall be no appeal to the City Council from the decision of the Chief of Police where the exercise of free speech rights is involved. Rather, the aggrieved person may appeal to the City Manager in an attempt to resolve the situation pursuant to subsection (b)(3) of this section.

(b)

Free speech event.

(1)

Completed applications for a permit authorizing an event which involves an exercise of free speech rights:

(i)

Shall be filed in the office of the Chief of Police at least five (5) days prior to the date of such event in order to ensure adequate time for a determination by the Chief of Police to approve or deny the application or approve the application subject to conditions; and at least seven (7) days prior to the date of the event to allow adequate time for an appeal to the City Manager, if requested by the aggrieved person, pursuant to subsection (b)(3) of this section; and

(ii)

Shall be denied, approved or approved subject to conditions by the Chief of Police within forty-eight (48) hours of receipt of the application. After a decision, the Chief of Police shall immediately attempt to notify the applicant orally and shall immediately notify the applicant, the City Manager and the City Attorney, in writing, of the Chief's decision. The writing may be by telegram, facsimile or any written document sent or signed by the Chief of Police. Both the oral and written notifications shall describe, with particularity, the facts and reasons for denial or approval subject to conditions.

(2)

Acceptance by the applicant of the approval or approval subject to conditions shall be in writing and must be received by the Chief of Police within twenty-four (24) hours after notification has been received by the applicant. The writing may be by telegram, facsimile or any written document sent or signed by the applicant. Failure to accept as set forth in this section or failure to timely file an appeal as set forth in this section shall automatically be deemed a withdrawal of the application. If the applicant files a valid written acceptance and has complied with the applicable conditions precedent, if any, in this chapter, the permit will automatically issue upon receipt of the written acceptance by the Chief of Police. The Chief of Police shall immediately notify the City Manager and the City Attorney that the permit has issued.

(3)

If the applicant has filed a completed application at least seven (7) days before the event and the permit is denied or conditioned to the dissatisfaction of the applicant, the applicant, within forty-eight (48) hours of oral or written notification, whichever occurs first, of the Chief of Police's decision, may appeal to the City Manager and present facts and reasons why the denial or objectional conditions should be revised or deleted, respectively, and the application granted or granted as modified. The appeal hearing shall be at a time and place mutually agreeable to the parties. If the parties cannot agree on the time or place, the appeal hearing shall be the next day at 4:00 p.m. at the City Manager's office. The City Manager shall render a decision within twenty-four (24) hours of the appeal hearing and immediately thereafter attempt to notify the applicant orally and shall immediately notify the applicant, City Attorney and the Chief of Police in writing of the City Manager's decision. The writing may be by telegram, facsimile or any written document sent or signed by the City Manager. Both the oral and written notifications shall describe, with particularity, the facts and reasons for the decision. If the applicant does not appeal within the aforementioned forty-eight (48) hours in this subsection, does not file a completed application at least seven (7) days before the event or does not attend the appeal hearing either personally or through an authorized representative, then the applicant has waived the right to appeal.

(§ 2, Ord. 781, eff. August 24, 1992)