PUBLIC PEACE, MORALS AND WELFARE

Chapter 9.28
Parties, Events and Gatherings on Private Property

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9.28. 010 Parties Advertised and Open to the Public Prohibited

It shall be unlawful for any person to conduct or hold in any residence any party, gathering, event or dance at which live or recorded music is provided which is open to the general public and: (1) for which admission is charged, or (2) for which brochures, posters or handbills advertising the party or dance are distributed or posted, or other advertisement made or published, or (3) at which a charge is made for refreshments. (Ord. 07-1285 §4, Aug 2007)

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9.28. 020 Permits for Special Events on Private Property

A resident of the City may obtain from the Police Department a maximum of two permits per calendar year per household in order to conduct a special event, party or gathering at the resident’s residence pursuant to the provisions of this section.

1. A permit must be requested not less than ten (10) days prior to the date of the event on an application form provided by the Police Department. The application form shall be accompanied by a filing fee in an amount determined by resolution of the City Council to recover the City’s costs associated with processing the application and issuing the permit.
2. Upon receipt and review of a complete application and filing fee, the Police Department shall issue the permit provided that no more than two permits are issued to the same residential address in a calendar year. The Police Department may impose conditions on the permit, in addition to those set forth below in this section, deemed necessary to protect against the event becoming a nuisance to the surrounding neighborhood due to the number of people in attendance, the amount of traffic to be generated, the type and volume of amplified music or entertainment to be utilized and other similar considerations. Conditions shall take into account the size of the residential property, the capacity of the street on which it is located, the availability of parking and the proximity to neighbors.
3. 1. The following mandatory requirements and conditions shall apply to all permits issued pursuant to this section:
   2. A permit will be issued only upon receipt of a deposit, in the form of cash or cashier’s check, in the amount of $500. The deposit, or any portion thereof, shall be forfeited to the City in order to recover any costs incurred to enforce the conditions of the permit in the event of a violation of the permit or the provisions of this section. Any unused portion of the deposit will be returned to the permittee within ten (10) days of the conclusion of the event. Should the City’s costs of enforcement exceed the amount of the deposit, the remainder shall constitute a civil debt due and owing the City and recoverable in any manner provided by law.
   3. Amplified music and live entertainment shall be permitted notwithstanding the provisions of Chapter 8.24 for a maximum duration of four hours (start to finish) and shall cease no later than 11:45 p.m. on Friday and Saturday nights, and 9:45 p.m. on Sundays. The event shall conclude not later than 12:00 midnight on Friday and Saturday nights, and 10:00 p.m. on Sundays.
   4. Noise emanating from the event shall not exceed 95 dBA at the property line at any time during the event.
   5. Permits shall be issued for events occurring only between 5:00 p.m. Fridays through 10:00 p.m. Sundays.
   6. The permit will be issued only to a resident 21 years of age or older. The permittee shall be physically on the property during the entire duration of the event.
   7. Permits will be issued solely for events for which there is a specific invitation list. In no event will a permit be issued for parties, gatherings or events open or advertised to the general public.
   8. Upon receipt of a permit, and at least 72 hours prior to the event, the permittee shall notify all residents within a 300 foot radius of the property of the location, date and time of the event and the telephone number of the permittee.
   9. Permits shall not be issued on St. Patrick’s Day, July 4th, Cinco de Mayo and New Years Eve or on any other date where the Police Department determines that the number of permitted events or the scheduling of other activities in the City will exceed the capacity of the Department adequately to protect public safety.
4. A permit issued pursuant to this section may be revoked and the event ordered concluded at any time during the course of the event by the highest ranking police officer on duty at the time upon determination that the event is causing a violation of State law or is violating one or more conditions of approval, or a determination that the event has become a threat to public safety. (Ord. 07-1285, §4, Aug. 2007)

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