No person shall engage in, conduct, or carry on the activity
of a parade or assembly upon a public street or any other public place
that does not comply with normal and usual traffic regulations and
controls and inhibits the usual flow of vehicular or pedestrian traffic
without a permit issued. The permit may authorize the use of sound
amplifying equipment in conjunction with a parade or assembly without
an additional permit issued.
(Code 1980, § 8.44.010; Ord. No. 849, § 1, 8-17-2011; Ord. No. 851, § 1(8.44.010), 11-16-2011)
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
"Assembly"
means any meeting, demonstration, picket line, rally, gathering,
or group of 100 or more persons having a common purpose, design, or
goal, upon any public street, sidewalk, alley, park, or other public
place, which assembly substantially inhibits the usual flow of pedestrian
or vehicular travel or which occupies any public area, other than
a "parade," as defined in this section.
"Parade"
means any march, demonstration, procession, motorcade, or
promenade consisting of persons having a common purpose, design, or
goal, upon any public place, which march, demonstration, procession,
motorcade, or promenade does not comply with normal and usual traffic
regulations or control.
(Code 1980, §8.44.020; Ord. No. 849, § 1, 8-17-2011; Ord. No. 851, § 1(8.44.020), 11-16-2011; Ord. No. 870 (Recodification), 2014)
A. The
following types of events are exempt from the permit application provisions
of this chapter:
2. Spontaneous
parades or assemblies occasioned by news or affairs coming into public
knowledge within three days of such parade or assembly, provided that
the organizers thereof give written notice to the city at least 24
hours prior to such parade or assembly. Such written notice shall
contain all of the following information:
a. The name, address and telephone number of the persons seeking to
conduct the parade or assembly, who shall be considered a permittee
for the purposes of this chapter;
b. The name, address and telephone number of the headquarters of the
organization, if any, and of the organizer or responsible head of
such organization, by whom or on whose behalf the parade or assembly
is proposed to be conducted;
c. The name, address and telephone number of the person who will chair
the parade or assembly and who will be responsible for its conduct;
d. The location and date of the proposed parade or assembly, including
the assembly area, disbanding area, and the route to be traveled;
e. A good faith estimate of the approximate number of persons who will
be participating in the parade or assembly;
f. A good faith estimate of the approximate number of persons who will
be observing the parade or assembly, if known;
g. The time at which the parade or assembly will start and conclude;
h. The type of security or other arrangements that will be provided
to ensure that participants are properly directed; and
i. A statement to be signed by the permittee that he or she will hold
harmless and indemnify the city, its elected officials, officers,
employees and agents from any damages which may arise as a result
of the conduct of the parade or assembly.
B. The city manager or the city manager's designee shall deny permission of a spontaneous parade or assembly by making a finding pursuant to section
8.44.050(A) within 18 hours after submission of the notice pursuant to section 8.44.030(A)(2). If such a finding cannot be made, the permit shall be automatically approved.
C. If permission is denied, the city manager or city manager's designee shall immediately provide notice of the denial, including the relevant finding pursuant to section
8.44.050(A), in all of the following manners:
1. By
telephone to the permittee;
2. By
written notice to the permittee; and
3. If
the permittee provides a fax number, by fax.
(Code 1980, § 8.44.030; Ord. No. 849, § 1, 8-17-2011; Ord. No. 851, § 1(8.44.030), 11-16-2011; Ord. No. 870 (Recodification), 2014)
A. A person
seeking issuance of a permit pursuant to this chapter shall file an
application with the city manager or the city manager's designee on
forms supplied by the city.
B. The
application shall be filed with the city manager or the city manager's
designee in accordance with the following time limitations:
1. Not
less than four days prior to the date of the parade or assembly if
the parade or assembly is proposed to take place in whole or in part
on, in or along the roadway portion (other than within crosswalks)
of the following streets in the city: Fourth St., Arrow Rt., Foothill
Blvd., Church St., Base Line Rd., 19th St., Carnelian St., Archibald
Ave., Hermosa Ave., Haven Ave., Milliken Ave., Day Creek Blvd., Etiwanda
Ave.;
2. Not
less than four days prior to the date of the parade or assembly if
the parade or assembly is proposed to take place in whole or in part
on, in or along the roadway portion (other than within crosswalks)
of any other street in a commercial zone within the city;
3. Not
less than three days prior to the date of the parade or assembly if
the parade or assembly is proposed to take place in a residential
zone, or outside of the roadway in a commercial zone, but within the
sidewalk or any other portion of the public right-of-way; or
4. Not
less than two days prior to the date of the parade or assembly if
the parade or assembly is proposed to take place in whole or in part
on, in or along any park or other publicly owned traditional public
forum in the city not governed by subsections B.1 through B.3 of this
section.
C. The
application shall include, but shall not be limited to, the following
information:
1. The
name, address and telephone number of the persons seeking to conduct
the parade or assembly, who is the permittee for the purposes of this
chapter;
2. The
name, address and telephone number of the headquarters of the organization,
if any, and of the organizer or responsible head of such organization,
by whom or on whose behalf the parade or assembly is proposed to be
conducted;
3. The
name, address and telephone number of the person who will chair the
parade or assembly and who will be responsible for its conduct;
4. The
location and date of the proposed parade or assembly, including the
assembly area, disbanding area, and the route to be traveled;
5. An
estimate of the approximate number of persons who will be participating
in the parade or assembly;
6. An
estimate of the approximate number of persons who will be observing
the parade or assembly;
7. The
time when the parade or assembly will start and conclude;
8. The
type of security or other arrangements that will be provided to ensure
that participants are properly directed;
9. The
minimum and maximum speeds that the parade is to travel, if applicable;
10. The maximum number of platoons or units, if any, in the parade or
assembly, and the maximum and minimum interval of space to be maintained
between the units of such parade or assembly;
11. The maximum length of such parade or assembly in miles or fractions
thereof;
12. The number and type of vehicles in the parade or assembly, if any;
13. Whether any of the participants in the parade or assembly will be
wearing any type of mask or other face covering;
14. A statement to be signed by the permittee that he or she will hold
harmless and indemnify the city, its elected officials, officers,
employees and agents from any damages which may arise as a result
of the conduct of the parade or assembly for which the permit is sought;
and
15. Written permission from a private property owner's for his or her
property to be used for the purpose of parade or assembly set up or
dispersal, if applicable.
D. Within
24 hours of the submission of the application, the city manager or
the city manager's designee must notify the applicant, in writing,
whether the application is complete. If no such notice is given within
24 hours after submission, the application will be deemed to be complete.
(Code 1980, § 8.44.040; Ord. No. 849, § 1, 8-17-2011; Ord. No. 851, § 1(8.44.040), 11-16-2011; Ord. No. 870 (Recodification), 2014)
A. The city manager or city manager's designee shall issue a permit if an application is submitted as required by section
8.44.040, or shall grant permission for a noticed parade pursuant to section
8.44.030(B), unless there is a finding of any of the following:
1. False
information. The information contained in the notice or application
is intentionally misleading or false;
2. Simultaneous
events. The parade or assembly is proposed to take place in the roadway
portion of any street in a commercial zone between the hours of 8:00
a.m. and 10:00 a.m. or between the hours of 4:00 p.m. and 6:30 p.m.,
Monday through Friday, unless the parade or assembly will occur on
a national holiday;
3. Traffic
and pedestrian safety conflicts.
a. The parade or assembly is proposed for a time and location for which
another parade or assembly permit has been previously issued;
b. The parade or assembly will require the simultaneous closure of the
roadway portion of more than two streets that run in a generally north
and south direction between the hours of 7:00 a.m. and 8:00 p.m.,
Monday through Friday, or between the hours of 10:00 a.m. and 6:00
p.m. on Saturday, unless the parade or assembly will occur on a national
holiday;
c. The parade or assembly will require the simultaneous closure of the
roadway portion of more than two streets that run generally in an
east and west direction between the hours of 7:00 a.m. and 8:00 p.m.,
Monday through Friday, or between the hours of 10:00 a.m. and 6:00
p.m. on Saturday, unless the parade or assembly will occur on a national
holiday;
d. The parade or assembly, by itself or in combination with other parades
or assemblies, will require closure of the roadway portion of any
street in a commercial zone for more than three hours in any one day
between the hours of 7:00 a.m. and 8:00 p.m., Monday through Friday;
e. The proposed route or location of the parade or assembly traverses
a street or other public right-of-way that was scheduled for maintenance,
construction or repair prior to the application for that parade or
assembly permit, and the conduct of the parade or assembly would interfere
with such maintenance, construction or repair or the maintenance,
construction or repair would represent a threat to the health or safety
of the participants in the parade or assembly;
4. The proposed area for the assembly or for the set up or dispersal of a parade could not physically accommodate the number of participants expected to participate in the parade or assembly, as reflected in the application completed submitted pursuant to section
8.44.040(C); or
5. The
parade or assembly would result in a violation of any federal, state
or local law or regulation.
B. If the city manager or the city manager's designee makes a finding pursuant to subsection
A of this section, he or she shall deny permission or a permit to conduct the parade or assembly.
C. As a
condition of the issuance of a permit under the provisions of this
chapter, the city manager or the city manager's designee may require
that the parade or assembly be limited to a portion of the width of
the street or right-of-way upon which the applicant seeks to conduct
the parade or assembly, provided that such limitation does not limit
or interfere with the conduct of the parade or assembly or cause the
parade or assembly to violate any other provision of this chapter
or any other federal, state or local law or regulation.
(Code 1980, § 8.44.050; Ord. No. 849, § 1, 8-17-2011; Ord. No. 851, § 1(8.44.050), 11-16-2011; Ord. No. 870 (Recodification), 2014)
The official designated by the city to act on permit applications
shall uniformly consider each application upon its merits, shall not
discriminate in granting or denying applications, and shall not deny
any permit based upon a subject matter or viewpoint expressed in the
parade or assembly.
(Code 1980, § 8.44.060; Ord. No. 849, § 1, 8-17-2011)
A. The
city manager or the city manager's designee shall approve or deny
the permit application within the following time limitations, and
shall notify in writing the applicant of the action taken:
1. If
the permit is sought under the provisions of section 8.44.040(B)(1)
or (B)(2), within two days after submission of the application; or
2. If
the permit is sought under the provisions of section 8.44.040(B)(3)
or (B)(4), within 24 hours after submission of the application.
B. If the permit is denied, the notice of denial shall set forth the findings for denial pursuant to section
8.44.050(A).
(Code 1980, § 8.44.070; Ord. No. 849, § 1, 8-17-2011; Ord. No. 870 (Recodification),
2014)
No person shall knowingly:
A. Join
or participate in any parade or assembly conducted under permit from
the city in violation of any of the terms of said permit; or
B. In any
manner, interfere with the progress or orderly conduct of a permitted
parade or assembly.
(Code 1980, § 8.44.080; Ord. No. 849, § 1, 8-17-2011; Ord. No. 851, § 1(8.44.080), 11-16-2011)
A. The
following prohibitions shall apply to all demonstrations, rallies,
picket lines, parades and assemblies:
1. It
shall be unlawful for any person to ride, drive, or cause to be ridden
or driven any animal or any animal drawn vehicle upon any public street,
unless specifically authorized by a permit.
2. It
shall be unlawful for any person to carry or possess any projectile
launcher or other device which is commonly used for the purpose of
launching, hurling, or throwing any object, liquid, material or other
substance.
3. It
shall be unlawful for any person to carry, possess or wear any gas
mask or similar device designed to filter all air breathed and that
would protect the respiratory tract and face against irritating, noxious
or poisonous gases.
4. It
shall be unlawful for any person to fail to abide by the instructions
of a traffic control officer given for the purpose of accommodating
traffic, including emergency vehicles, through and across a parade,
demonstration, rally, picket line or assembly.
5. It
shall be unlawful for any person to ignite and/or burn any open flame
device, bonfire, recreational fire, cooking fire, warming fire, sign,
flag or effigy without first obtaining a permit from the fire district.
An open flame device includes, but is not limited to, a candle, portable
or stationary torch, road flare or fuse, fuel fired lantern, signal
flare or sky lantern but not a candle smaller than 12 inches in height.
B. Nothing
in this section shall prohibit a disabled person from carrying a cane,
walker, or similar device necessary for providing mobility so that
the person may participate in a demonstration, rally, picket line,
parade or assembly.
(Code 1980, § 8.44.090; Ord. No. 849, § 1, 8-17-2011; Ord. No. 851, § 1(8.44.090), 11-16-2011; Ord. No. 870 (Recodification), 2014)
A. The city manager or city manager's designee shall state in the parade or assembly permit all of the required information provided in the approved application pursuant to section
8.44.040(C). The parade or assembly permit shall also state any condition imposed pursuant to section
8.44.050(C).
B. The
chairperson of the parade or assembly, as designated in the application,
shall at all times during the parade or assembly, including during
assembly and dispersal, keep and maintain a copy of the permit upon
his or her person.
C. The
permittee shall advise all participants in the parade or assembly
of the terms and conditions of the permit prior to the commencement
of the parade or assembly.
(Code 1980, § 8.44.100; Ord. No. 849, § 1, 8-17-2011; Ord. No. 870 (Recodification),
2014)
A permittee under the provisions of this chapter shall reimburse
the city for all traffic control costs incurred in connection with
diverting traffic due to the closure of streets. These costs shall
be established by the city council by resolution. No fee shall be
charged based upon the need for security or increased police protection
due to the nature of the parade or assembly.
(Code 1980, § 8.44.110; Ord. No. 849, § 1, 8-17-2011)
Any violation by the permittee or any participant in a parade or assembly of the terms or conditions of a parade or assembly permit issued pursuant to this chapter or of a parade or assembly notice pursuant to section
8.44.030 is a misdemeanor.
(Code 1980, § 8.44.120; Ord. No. 849, § 1, 8-17-2011)
Any permittee may seek judicial review of any decision made
pursuant to this chapter.
(Code 1980, § 8.44.130; Ord. No. 849, § 1, 8-17-2011)