Note: Prior history: Prior code §§ 4-2.1701—4-2.1710; Ord. 1222.
The provisions of this chapter are intended to create a procedure by which the city may permit parades, motorcades, marches and processions on city streets and sidewalks. The purpose of this chapter is to provide a coordinated process for managing parades to ensure the health and safety of participants, residents, shopkeepers, workers, and other visitors, to prohibit illegal activities from occurring at parades, and to protect the rights of parade permit holders. It is also the intent of the city council to protect the rights of people to engage in expressive activities in the city's streets and sidewalks, and to establish the least restrictive and reasonable time, place and manner regulation of these activities. It is further intended to create mechanisms for cost recovery and use charges, to the extent authorized by law, while not unduly impacting the viability of parades.
(Ord. 2019 § 1, 2011)
"Central business district,"
for the purpose of this chapter, includes the area bounded by Arroyo Del Valle on the north, Bernal Extension on the south, First Street on the east and Western Pacific Railroad right-of-way on the west.
"Chief"
means the chief of police of the city or designated representative.
"City manager"
means the city manager of the city or designated representative.
"Official parade routes"
means those routes adopted by the city council by resolution. Staging and disbanding areas shall be established for each of several routes.
Parade.
For the purpose of this chapter, "parade" means any march, procession, motorcade or combination of the above on the streets or sidewalks which does not comply with normal or usual traffic regulations. However, funeral processions are exempted from these regulations, as are assemblies reasonably and apparently likely to involve a total of no more than 100 or fewer pedestrians, as determined by the chief, as to which the sponsor has agreed to the following restrictions: (1) the participants will march only on sidewalks; and (2) will cross streets only at pedestrian crosswalks in accordance with traffic regulations and controls, in units of 15 or less, allowing vehicles to pass between each unit.
(Ord. 2019 § 1, 2011)
No parade shall take place unless and until a parade permit has been issued by the city manager upon recommendation by the chief. No person shall knowingly sponsor, participate or cause others to participate in a parade for which no permit has been issued. No person shall participate or cause others to participate in any manner inconsistent with an issued permit.
(Ord. 2019 § 1, 2011)
Any person or group wishing to conduct a parade shall apply at least 30 days prior to the proposed date. Upon a showing of good cause, the chief shall consider an application which is filed after the filing deadline if there is sufficient time to process and investigate the application and obtain police services for the event. Good cause shall be deemed demonstrated if the applicant shows that: (1) the circumstance which gave rise to the permit application did not reasonably allow the participants to file an application within the time prescribed by this chapter; and (2) the event is for the purpose of expression protected by the First Amendment. The chief may refuse any application which does not contain the following information:
A. 
Name, address and phone number of applicant, sponsoring group and/or event chairman;
B. 
Purpose of proposed event;
C. 
Date, time, choice of official routes, and approximate duration of parade;
D. 
Number and type of floats (a complete list shall be submitted to the chief at least seven days prior to the event indicating the size of the floats and the materials used for their decoration);
E. 
All other events planned in coordination with parade including dances, rallies, assemblies of parties;
F. 
Description of planned concession areas and proposed concessionaires, both moving and stationary;
G. 
Provisions for insurance to protect applicants and city from parade-related personal injuries or property damage;
H. 
An executed hold harmless agreement in a form approved by the city attorney agreeing to defend, indemnify, and hold harmless the city against losses and liabilities incurred from the conduct of the permittee or its officers, employees, and agents;
I. 
If a route outside the central business district is proposed, the route, staging area, and disbanding area shall be indicated.
(Ord. 2019 § 1, 2011)
Upon recommendation of the chief, the city manager may impose conditions upon any parade, including, but not limited to, conditions relating to size, durations, policing, nature of floats, and number of stationary and moving vendors. With a parade permit or special event street closure permit, a permittee may exclude members of the public from the area covered by the permit, and may also establish the permittee's own reasonable rules of use during its event.
(Ord. 2019 § 1, 2011; Ord. 2179 § 2, 2018)
A. 
Upon recommendation of the chief, the city manager shall issue a permit for a proposed parade consistent with official routes provided that:
1. 
The applicant agrees to all reasonable conditions required by the city manager;
2. 
The applicant agrees to hold harmless and defend the city in case of parade-related injury or property damage;
3. 
No other parade has already been approved for that date;
4. 
The applicant agrees to provide an insurance policy for an amount deemed sufficient by the city attorney;
5. 
The applicant has paid the application fee designated in the resolution establishing fees and charges for various municipal services, unless a hardship waiver is granted in accordance with city policy.
B. 
The city manager may approve a parade route outside the central business district if (in addition to the findings specified above) the council finds:
1. 
The route and time will not unreasonably disrupt traffic;
2. 
The proposed route will not unreasonably limit access to any area of the city.
C. 
Any permit request denied by the city manager shall be accompanied by findings of fact indicating which of the above findings could not be made and what facts lend to that decision.
D. 
In deciding whether to approve an application, no consideration may be given to the message of the event, the content of speech, the identity or associational relationships of the applicant, or to any assumptions or predictions as to the amount of hostility which may be aroused in the public by the content of speech or message conveyed by the event.
(Ord. 2019 § 1, 2011)
A. 
Except as otherwise prohibited by law or an exemption is obtained as provided by this chapter and the implementing regulations, the permittee shall procure and maintain in full force and effect during the term of the permit a policy of insurance from a reliable insurance company authorized to do business in the state, which policy includes the city, its council, boards, officers, agents, employees, and volunteers as additional named insureds and which provides the coverage that the city attorney determines to be necessary and adequate under the circumstances. Proof of insurance shall be submitted to the city prior to issuance of the permit and maintenance of this insurance shall be a condition of the permit.
B. 
If the city attorney determines that a particular use, event, or activity which is for a permit period of no more than one day does not present a substantial or significant public liability or property damage exposure for the city or its council, boards, officers, agents, employees, or volunteers, the city manager may give a written waiver of the insurance requirements of this section.
(Ord. 2019 § 1, 2011)
No permit issued by the city council shall become effective until:
A. 
Upon recommendation of the city manager, the city council approves an adjustment to the city budget for all additional expenditures required by the parade; or
B. 
The applicant agrees to reimburse the city for the expenses. The city manager will require the applicant to post a bond approved by the city attorney to insure reimbursement unless determined inappropriate under the circumstances, e.g., if a hardship waiver is granted in accordance with city policy.
(Ord. 2019 § 1, 2011)
The applicant shall have the right to appeal: (1) denial of a permit; (2) a permit condition; (3) a determination that good cause to consider a late application does not exist; and (4) a determination by the city that the applicant's insurance policy does not comply with the requirements specified in Section 11.64.080. A notice of appeal stating the grounds of appeal with specificity shall be filed with the city clerk within seven calendar days of the city manager's action. The city council may affirm, modify or reverse the action of the city manager, consistent with the provisions of this chapter.
(Ord. 2019 § 1, 2011)
Any permit for a parade issued pursuant to this chapter may be revoked by the chief when by reason of disaster, public calamity, riot or other emergency, the chief determines that the safety of the public requires such revocation. Whenever possible, notice of such action shall be delivered in writing to the permittee by personal service or by certified mail. The chief may revoke the permit for failure to abide by the conditions of the issued permit.
(Ord. 2019 § 1, 2011)