This chapter is adopted for the purpose of regulating parades, athletic events and public assemblies occurring on or within a city street, parking facility, sidewalk or other public rights-of-way 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.
(Ord. 573 § 1, 1993)
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:
"Aggrieved person"
means any person who is adversely affected by a determination made or action taken by a city 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 city manager on such permit.
"Athletic event"
means any event in which a group of persons collectively engage in a sport or form of physical exercise on or within a city street, parking facility, sidewalk or other public right-of-way, including, but not limited to jogging, running, racing, bicycling, rollerblading and roller skating, other than a group of people participating in a parade or public assembly.
"Event"
means any parade, athletic event or public assembly.
"Free speech rights"
means expressive activity protected by the First Amendment of the United States Constitution or Article 1, Section 2 of the California Constitution, provided that such activity is the principal purpose of the event.
"Parade"
means any organized march or organized procession of animals, vehicles or persons (other than public employees acting within the course and scope of their employment) on or within a city street, parking facility, sidewalk or other public right-of-way, other than a group of people participating in an athletic event or public assembly.
"Public assembly"
means any group of people participating in an organized activity (other than employees acting within the course and scope of their employment) on or within a city street, parking facility, sidewalk or other public right-of-way, other than a group of people participating in an athletic event or parade.
(Ord. 573 § 1, 1993)
The city manager shall have primary responsibility for the administration of the provisions of this article. In carrying out such responsibilities, the duties of the city manager shall include, but not be limited to, acting on all applications for a permit required by this chapter. In addition, the city manager shall be authorized to revoke a permit issued pursuant to this chapter in the manner provided for herein.
(Ord. 573 § 1, 1993)
A. 
Right of Appeal. Any person aggrieved by a decision of the city manager may appeal such decision to the city council, except as provided in subsection B of this section.
B. 
Exception. Because time is of the essence, there shall be no appeal to the city council from the decision of the city manager where the exercise of free speech rights is involved.
(Ord. 573 § 1, 1993)
It is unlawful for any person to conduct, sponsor or knowingly participate in any parade, athletic event or public assembly on or within any city street, sidewalk, parking facility or other public right-of-way which obstructs or interferes with the normal flow of vehicular or pedestrian traffic or which does not comply with applicable traffic laws or controls unless and until a permit for such event has been approved and issued in a manner hereinafter provided by this chapter. A permit is not deemed issued until the city manager has received the applicant's written acceptance pursuant to this chapter.
(Ord. 573 § 1, 1993)
A. 
Event.
1. 
Except as provided in subsection B of this section, completed applications for a permit authorizing an event:
a. 
Shall be filed in the office of the city manager at least:
i. 
Forty-five 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 city manager to deny the application or approve the application subject to conditions, or
ii. 
Twenty-five days but less than 45 days prior to the date of such event, in which case the opportunity to appeal to the city council is deemed waived;
b. 
Shall be denied, approved or approved subject to conditions by the city manager within ten days after receipt of the application. After the decision, the city manager shall immediately attempt to notify the applicant orally and shall immediately notify the applicant and the city attorney 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 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 city manager within six days after written notice of the city manager's decision was sent to 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 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 complies with the applicable conditions precedent, if any, in this chapter, the permit will automatically issue upon receipt written acceptance by the manager. The city manager shall immediately notify the city attorney that the permit has issued.
3. 
Appeals from the decision of the city manager shall be made by filing a notice of appeal with the city clerk not later than five days following the date the applicant has received a written notice of the city manager'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 city manager, shall contain a statement of the reasons why the person filing the appeal believes that the decision of the city 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 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 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 days after receipt of the notice to file a written acceptance of the decision with the city manager. A failure to accept timely, if the appeal was upheld by the city council, shall automatically be deemed a withdrawal of the application.
4. 
Because time is of the essence, there shall be no appeal to the city council from the decision of the city manager where the exercise of free speech rights is involved.
B. 
Free Speech Event.
1. 
Completed applications for a permit authorizing an event which involves an exercise of free speech rights:
a. 
Shall be filed in the office of the city manager at least five days prior to the date of such event in order to ensure adequate time for a determination by the city manager to approve or deny the application or approve the application subject to conditions.
b. 
Shall be denied, approved or approved subject to conditions by the city manager within 48 hours of receipt of the application. After a decision, the city manager shall immediately attempt to notify the applicant orally and shall immediately notify the applicant and the city attorney, 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 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 city manager within 24 hours after notification has been sent to 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 subsection shall automatically be deemed a withdrawal of the application. If the applicant files a valid written acceptance and complies with the applicable conditions precedent, if any, in this chapter, the permit will automatically issue upon receipt of the written acceptance by the city manager.
(Ord. 573 § 1, 1993)
Applications for a permit authorizing an event shall be filed by a natural person, shall be in a form prescribed by the city manager, and shall contain all of the following information:
A. 
Information Required for All Events. Applications for all events shall contain:
1. 
The name, mailing address and daytime and evening telephone numbers of the person filing the application;
2. 
If the event is to be conducted by an organization, the name, mailing address and daytime telephone number of the organization, the name, mailing address and daytime telephone number of the president, leader or other head of the organization, and written documentation of the authority under which the applicant is applying for the permit on behalf of the organization;
3. 
The name, mailing address and daytime telephone number of the person who will be present and in charge of the event on the day of the event;
4. 
The name, mailing address and daytime telephone number of any monitors to be employed during the event;
5. 
The name, mailing address and daytime and evening telephone number of an alternate person to contact if an emergency arises and the applicant is unavailable;
6. 
The nature of the event;
7. 
The proposed date and estimated starting and ending time of the event;
8. 
The proposed location of the event, including its boundaries;
9. 
The estimated number of participants in the event;
10. 
The type and estimated number or vehicles, animals and structures that will be used in the event;
11. 
A description of any sound amplification equipment to be employed at the event;
12. 
The number, size and material of construction of any signs or banners to be used in the event;
13. 
The parking requirements for the event;
14. 
The location of any water, first aid or comfort stations to be provided at the event; and
15. 
The type and number of any vendors who will sell food or beverages at the event pursuant to and in accordance with permits required by this code.
B. 
Additional Information Required for Parades. In addition to the information required by subsection A of this section, every application for a parade shall include the following information:
1. 
The time when units of the parade will begin to assemble;
2. 
The proposed assembly point for the parade;
3. 
The proposed parade route;
4. 
The interval space to be maintained between units of the parade; and
5. 
The number, type and size of floats or other vehicles.
(Ord. 573 § 1, 1993)
Every application for a permit authorizing an event shall be accompanied by an application fee in an amount established by resolution of the city council; provided, that no fee shall be charged where the event involves an exercise of free speech rights.
(Ord. 573 § 1, 1993)
When the city manager 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 city manager shall approve such application subject to all the general conditions hereinafter required by this chapter plus any special conditions hereinafter authorized by this chapter and determined by the city manager 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.
(Ord. 573 § 1, 1993)
Grounds for Permit Conditioning or Denial. The following factors shall be considered by the city manager in determining whether the imposition of reasonable permit conditions will satisfy public health, safety or welfare concerns and allow the event to proceed as modified. If not, the city manager shall deny the application for a permit.
A. 
The person applying for the permit has failed to provide supplemental application information requested by the city manager or has otherwise failed to complete the application;
B. 
The information contained in the application, including supplemental application information requested by the city manager, is found to be false in any material respect;
C. 
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 city in a position of being unable to meet the needs for police services for both events;
D. 
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;
E. 
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;
F. 
The size of the event will require the diversion of so many city police officers to ensure that participants stay within the boundaries or route of the event and to protect participants in the event, the police protection to the rest of the city will be seriously jeopardized; provided, however, that nothing herein authorizes the denial of a permit because of the need to protect participants from the conduct of others if reasonable permit conditions can be imposed;
G. 
Given the size and nature of the event, the reasonably available number of city police officers and other personnel is not sufficient to ensure the safety of participants or the attending public;
H. 
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;
I. 
The location of the event will substantially interfere with construction or maintenance work previously scheduled to take place on or along the city street, parking facility, sidewalk or other public right-of-way to be occupied by the event;
J. 
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;
K. 
The decorative material on parade floats is not noncombustible or flame retardant or motorized parade floats and towing apparatus are not provided with a minimum 2-A, 10-B:C rated portable fire extinguisher readily accessible to the operator, as provided in Uniform Fire Code Section 11.304;
L. 
The application is not timely submitted and there is insufficient time to investigate and process the application pursuant to the timelines herein.
(Ord. 573 § 1, 1993)
A. 
Indemnification Requirements. As a condition precedent to the issuance of a permit authorizing an event the permittee shall enter into an agreement with the city in a form approved by the city attorney which shall set forth the undertaking of the permittee to indemnify the city, hold the city harmless and reimburse the city 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 predominantly caused by the negligent or intentional act or omission of the permittee, any officer, employee or agent of the permittee, or any person who is under the permittee's legal control. In addition, such agreement shall provide that in the event a claim is made against the city by suit or otherwise, whether the same be groundless or not, arising out of such negligent or intentional act or omission, the permittee shall defend the city and shall indemnify the city for any judgment rendered against it or any sums paid out in settlement or otherwise. Such agreement shall be filed with the city manager prior to the issuance of the permit.
B. 
Waiver of Indemnification Agreement. The indemnification agreement required by this section shall be waived by the city manager for any permit authorizing an event involving an exercise of free speech rights.
(Ord. 573 § 1, 1993)
A. 
Insurance Requirements. As a condition precedent to the issuance of a permit authorizing an event, the permittee shall obtain public liability insurance from an insurance company licensed to do business in the state of California and having a financial rating in Best's Insurance Guide of at least "B." Such insurance shall provide occurrence coverage against liabilities for death, personal injury or property damage arising out of or in any way connected with such event. Such insurance shall be in the amount of at least one million dollars ($1,000,000.00), combined single limit, and shall name the city and the city's officers, employees and agents as additional insureds under the coverage afforded. In addition, such insurance shall be primary and noncontributing with respect to any other insurance available to city and shall include a severability of interest (cross liability) clause. Proof of such insurance, in a form approved by the city's risk manager, shall be filed with the city manager prior to the issuance of the permit and such insurance shall be maintained in full force and effect throughout the course of the event authorized by such permit.
B. 
Waiver of Insurance Requirements. The insurance required by this section shall be waived by the city manager for any permit authorizing an event involving an exercise of free speech rights.
(Ord. 573 § 1, 1993)
A. 
Fee Requirements. As a condition precedent to the issuance of a permit authorizing an event, the permittee shall pay to the city a fee in an amount equal to the city's total estimated costs for providing all of the personnel and materials, including, but not limited to, police department personnel, which are necessary in order to control and monitor pedestrian and vehicular traffic in and around the site of such event. Such traffic control fee shall be determined by the city manager based upon a schedule of traffic control fees and rates established by resolution of the city council; the estimate of city manager as to the type, number and hours of employment of police department personnel necessary to control and monitor pedestrian and vehicular traffic in and around the site of the event, all as set forth by the city manager in his or her report on the event; and on the estimate of the city manager as to the type, number and hours of employment of other city personnel necessary to control or monitor the event. Such fee shall be paid by the permittee prior to the issuance of the permit.
B. 
Waiver of Traffic Control Fee. The traffic control fee required by this section shall be waived by the city manager for any permit authorizing an event involving an exercise of free speech rights.
(Ord. 573 § 1, 1993)
Grounds For Special Permit Conditions. When acting on a permit authorizing an event, the city manager, after reviewing the facts, may condition such permit upon the permittee's compliance with reasonable requirements concerning the time, place or manner of conducting such event, as necessary to protect the safety of persons and property or to control vehicular and pedestrian traffic in and around the site of the event; provided, that such requirements shall not be imposed in a manner that will unreasonably restrict the exercise of free speech rights. Such conditions may include, but shall not be limited to, requirements concerning the following:
A. 
The assembly or disbanding area for a parade occurring along a route;
B. 
The accommodation of pedestrian and vehicular traffic in and around the site of an event, including restricting an event to a city sidewalk, or only a portion of city street, parking facility or other public right-of-way;
C. 
The number and type of vehicles, animals or structures to be displayed or used in the event;
D. 
The inspection and approval by city personnel of stages, booths, floats and other structures or vehicles to be used or operated in the event, in order to ensure that such structures or vehicles have been safely constructed and can be safely operated;
E. 
The deposit of a sum of money for cleanup if the event will include the erection of structures, the display or use of horses or other large animals, the operation of water aid stations, or the sale of food or beverages;
F. 
The provision and use of traffic cones and barricades;
G. 
The provision and operation for first aid stations or sanitary facilities, including handicap-accessible sanitary facilities;
H. 
The provision and use of garbage containers, and the cleanup and restoration of the site of the event at the termination of the event;
I. 
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 event;
J. 
The provision of a notice of permit conditions to event participants; and
K. 
Alternate sites, times, dates or modes of the exercise of free speech rights.
(Ord. 573 § 1, 1993)
A. 
Grounds for Special Permit Subsequent Conditions. The city manager may subsequently condition a permit authorizing an event when the city manager determines that there are grounds for conditioning a previously issued permit, provided that such facts were first disclosed or otherwise made known to the city manager after issuance of the permit, and further provided that such facts were not discoverable by the exercise of due diligence by the city manager prior to the issuance of a permit.
B. 
Notice of Special Permit Subsequent Conditions. When the city manager decides to condition a previously issued permit based upon subsequently discovered facts, the city manager shall immediately cause a written notice of such action to be served on the permittee and shall provide copies of the notice to the city attorney and all other city officers charged with carrying out any responsibilities under this chapter. However, when the city manager decides to condition a previously issued permit within 24 hours of the event, the city manager shall announce such action to the event participants, to those city 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 city manager shall cause a written notice of such action to be delivered to the permittee.
C. 
Content of Notices of Special Permit Subsequent Conditions. Any notification of action by the city manager taken pursuant to subsection 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 telegram, facsimile or any written document sent or signed by the city manager.
(Ord. 573 § 1, 1993)
A. 
Mandatory Revocation by City Manager. The city manager shall revoke a permit authorizing an event if the city manager determines that there were grounds for denying the permit, as set out in Section 12.44.100, which were first disclosed or otherwise made known to the city manager after issuance of the permit and such facts were not discoverable by the exercise of due diligence by the city manager prior to the issuance of the permit.
B. 
Discretionary Revocation by City Manager. The city manager may revoke a permit authorizing an event if the city manager 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 city manager shall not revoke a permit in the manner provided by this subsection unless and until the city manager 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 city manager decides to revoke a permit prior to the date of event, the city manager shall immediately cause a written notice of such action to be served on the permittee and all city officers charged with carrying out any responsibilities under this chapter. However, where the city manager 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 city manager shall announce such action to the event participants, to those city 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 city manager shall cause a written notice of such action to be delivered to the permittee.
D. 
Hearing on Revocation. In all cases, except where the city manager learns of the facts justifying revocation of permit within 24 hours of the event, the applicant shall have a right to a hearing before the city manager within 24 hours after the request for hearing is made. The hearing shall be at the city manager's office at four p.m. the day after the hearing is requested, unless otherwise agreed upon. The city manager shall issue a decision orally at the conclusion of the hearing and shall also notify the applicant.
E. 
Content of Notices of Revocation. Any notification of action by the city manager taken pursuant to subsection C or D 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 telegram, facsimile or any written document signed or sent by the city manager.
(Ord. 573 § 1, 1993)
The chief of police and any sworn peace officer employed by the city may temporarily suspend an event authorized by a permit whenever there is a fire 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 chief of police shall immediately attempt to notify the applicant orally and shall notify the applicant and the city manager in writing, within 20 hours after the suspension, deciding with particularity the facts and the reasons for the suspension. The writing may be by telegram, facsimile or written document sent or signed by the chief of police.
(Ord. 573 § 1, 1993)
The chief of police is authorized and directed to place barricades on or within the city's 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 chief of police, shall, when appropriate, 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.
(Ord. 573 § 1, 1993)
The chief of police shall endeavor to give notice of the nature, date and time of any event authorized by a permit as soon as possible prior to the date of such event to all owners of property adjoining the city street, sidewalk or other public right-of-way where such event is to occur, either by delivering copies of such notice to the property owners, by publishing such notice in a newspaper of general circulation, or by posting such notice along the route or at the site of the event. However, the provisions of this section shall be directory only and the failure of the chief of police to give such notice shall not invalidate a permit.
(Ord. 573 § 1, 1993)
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 or Parade or Athletic Event. No person shall drive a vehicle between vehicles or persons traversing the route of a parade or athletic 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 by the chief of police in the manner authorized by this chapter.
(Ord. 573 § 1, 1993)