The short title of this chapter shall be the "parade ordinance."
(Prior code § 4610)
The city has long taken pride in its parades and public events
of a similar nature. These occasions give rise to a festive atmosphere,
uplift the public spirit and act as boosters for charitable drives
and philanthropic programs. However, attendant with these public benefits
are problems of traffic and pedestrian control. Therefore, in order
to facilitate the movement of traffic, fire trucks, ambulances and
other emergency vehicles and to preserve the peace, health, safety
and welfare of the people, it is necessary to enact this chapter regulating
parades.
(Prior code § 4611)
As used in this chapter "congested traffic areas" include
Palm Canyon Drive and Indian Avenue since these streets at the present
time are the main arterial streets leading into and out of the city
and present the gravest traffic congestion problems.
As used in this chapter "parade" means and includes any march,
procession or assembly consisting of persons, animals or vehicles,
or a combination thereof, upon any public street, sidewalk, alley
or other public right-of-way, which does not comply with normal and
usual traffic regulation or controls.
(Prior code §§ 4612, 4613)
No person shall conduct or manage any parade without a written
permit. Such a permit shall be issued by the license division of the
city after approval by the city manager upon recommendation by the
chief of police and the director of community development. The city
manager may refuse a permit for a parade when the primary function
thereof is to publicize or advertise a person, business organization
or event unless such event serves a public purpose and the overall
good of the community. Permits shall not be issued if the parade would
require extraordinary police service or endanger public safety. The
criteria to be considered in the denial of a permit on the grounds
of the endangering of public safety are the route of the parade, the
total period of elapsed time for the event, the proximity in time
and area of other similar events, the nature and purpose of the parade,
the special traffic problems such an event would engender, the ability
of the police department to control the event, the number of persons,
animals or units involved and any health, moral or safety hazards
that might threaten the community as a result of such activity.
In each permit the duration of the parade shall be limited to
a total of approximately two hours, exclusive of assembly time, commencing
at or around ten a.m. and concluding at or around twelve noon. In
the months of June, July and August only, parades may be allowed from
eight p.m. to ten p.m. The city manager may make minor changes in
the duration and time periods of such events where reasonable grounds
therefor are presented.
The permit shall include the maximum speed of the vehicles,
animals or units; the maximum interval of space to be maintained between
the units of such parade; the maximum total length of the parade in
miles or fractions thereof; the assembly and disassembly points and
plans for these processes. Such plan may be included on a sketch or
map attached to the permit.
(Prior code § 4614)
As conditions attached to the granting, use and effectiveness of any parade permit, the city manager may impose reasonable requirements concerning the time and place of such parade; the area and manner of assembling and disbanding such parade; the maximum length thereof; the maximum and minimum speed thereof; the stops permitted, if any; the accommodation of other traffic; the number and types of vehicles, if any; and such other requirements as are found by the city manager to be reasonably necessary for the protection of persons or property and control of other traffic and to assure that the parade will be conducted in conformance with the purposes, objectives and requirements set forth in this chapter and in compliance with all other applicable laws, rules and regulations, and in a manner not unduly detrimental to the public interest. When it is practical to do so, the city manager shall give reasonable consideration to the formulation of permit conditions which will enable the making of findings prerequisite to permit issuance (per Section 11.24.080 and any other applicable provisions in this chapter).
(Ord. 1063 § 1, 1978)
(a)
Each parade permit shall contain a condition for prepayment of a
parade fee to the city in an amount reasonably estimated by the city
manager to be sufficient to cover any extraordinary costs and expenses
to the city which will be occasioned by the parade for (but not limited
to) such necessary public services as police department added costs
of policing, crowd control and traffic and parking control, placement
and removal of barricades and signs for parade routes and parking
control, and for cleanup of streets and sidewalks at the conclusion
of the parade. Notwithstanding the foregoing, unless it is otherwise
directed by the city council, the city manager shall not require any
such parade fee in connection with parades staged with the cosponsorship
of the city, such as the annual mounted police parade and the annual
desert circus parade.
(b)
Notwithstanding subsection (a) of this section, no such parade fee shall be required in connection with a parade staged as integral part of a large city-based convention which is found by the city manager (acting upon certification by the convention and visitors bureau or by other authoritative source) to involve at least three thousand delegate days (a "delegate day" being defined as one or each overnight stay by a convention delegate in a city hotel generating city taxes for transient occupancy and usually for sales).
(c)
Unless specially waived by the city council, the city manager shall
require, as a condition to issuance of a parade permit, that the organization
or party staging or sponsoring the parade file evidence of insurance
(or self-insurance) coverage for public liability and property damage
which might result from the conduct of the parade. Such coverage shall
be in an amount reasonably found by the city manager (in consultation
with the city's risk manager and city attorney) to be adequate in
view of the particular parade activity contemplated. The city manager
further shall have the discretion to require that the city be named
as an additional insured in such coverage.
(Ord. 1063 § 1, 1978)
Any person or organization desiring to conduct or manage a parade
within a congested traffic area as defined hereinabove shall make
application therefor with the city business license division not less
than thirty days nor more than one hundred eighty days before the
date on which it is proposed to conduct such a parade.
Any person desiring to conduct or manage a parade in any area
of the city falling outside of the congested traffic area as hereinabove
defined shall make an application therefor with the city business
license division not less than twenty-one days or more than one hundred
eighty days before the date on which it is proposed to conduct such
a parade.
The application for such permit shall include information as
to the sponsoring organization; the approximate number of vehicles,
animals or other units to be in the parade; the nature of items of
equipment or persons to be utilized to produce music, sound or noise
during the parade; the name of the marshal or person in charge of
the parade while it is being conducted; the proposed assembly area,
the route, duration, speed and dispersal area of the parade; the proposed
alternate routes or times, if any; the nature and purpose of the parade,
and any other similar information required by the city at the time
the application is filed. The city business license division shall
not accept the application unless all of the required information
is contained thereon, and unless such application is accompanied by
payment of any application processing fee as may have been established
by resolution of the city council.
(Prior code § 4615; Ord. 1063 § 2, 1978)
Upon receipt of an application for a parade permit, the business
license division shall forthwith refer the same to the chief of police
and the director of community development who shall investigate the
facts, plan and program as set forth in the application and who shall
coordinate the mutual problems involving the two departments. Within
fourteen days after receiving said application, the chief of police
and the director of community development shall make a recommendation
to the city manager relative to issuing or denying the parade permit.
The city manager shall, upon receipt of such recommendation from the
chief of police and director of community development, act thereon
as soon as reasonably possible.
(Prior code § 4616)
If the city manager finds that the parade is to be conducted
wholly outside of the congested traffic area, he shall issue the permit
unless there is substantial reason for the prohibition of the parade
on grounds set forth in this chapter.
(Prior code § 4617.1; Ord. 913 § 22 (A), 1971)
The city manager shall issue the permit upon the following findings:
(1)
The parade will not unduly interrupt the safety and orderly movement
of other traffic along and across its route for an unreasonable period
of time;
(2)
The conduct of the parade is not reasonably anticipated to require
the diversion of so great a number of police officers of the city
as would be needed to police the line of movement in the area contiguous
thereto, that the result would be to deny and prevent adequate police
protection to the remainder of the city;
(3)
The conduct of the parade would not unduly interfere with ambulance
or fire department service;
(4)
The conduct of such parade is not unreasonably likely to cause injury
to person or property;
(5)
The parade can be moved from its point of origin to its point of
termination expeditiously;
(6)
The parade will serve a recognizable public purpose, at least as
to a substantial segment of the citizenry;
(7)
Where the parade is to traverse a stretch of the State Highway, when
no objection thereto is filed by the State Division of Highways.
(Prior code § 4617.2; Ord. 913 § 22 (B), 1971)
(a)
Any person aggrieved by any decision of the city manager relating to the issuance or denial of a parade permit may appeal to the city council in the manner provided by Chapter 2.05 of this code.
(b)
If a permit for a parade is denied on the basis, in whole or in part,
of the date, hour or route of travel, the applicant may submit a new
request proposing alternate dates, hours or routes of travel.
(c)
The city council may also directly consider any application for permit to conduct a parade which is not filed within the time limits prescribed herein if placed upon the council agenda by a council member. In such a case, the city council shall apply the criteria set forth in Sections 11.24.070 and 11.24.080.
(Prior code § 4618; Ord. 1063 § 3, 1978; Ord.
1226 § 19, 1984)
Immediately upon the granting of a parade permit, the city manager
shall send a copy thereof to the chief of police, chief of the fire
department, director of community development and to any other person
having particular interest in the parade.
(Prior code § 4619)
No person shall, without the consent of the permittee, join
or participate in a parade, nor in any manner interfere with its orderly
conduct.
(Prior code § 4620)
No person shall participate as a member of a group conducting
a parade for which no permit has been issued pursuant to this chapter,
when such person has knowledge of the lack of such permit, or after
he has been personally notified to this effect.
(Prior code § 4621; Ord. 913 § 22 (C), 1971)
