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)
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.
means the chief of police of the city or designated representative.
means the city manager of the city or designated representative.
means those routes adopted by the city council by resolution.
Staging and disbanding areas shall be established for each of several
routes.
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)
The city council may establish by resolution official parade
routes for the central business district.
(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.
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)
