Note: Prior history: Prior code § 3245 and Ords.
1624 and 2127.
This chapter is adopted pursuant to the city's police powers
and California Vehicle Code Section 21101(e), and any succeeding statute,
for the purpose of regulating parades, athletic events, block parties
and public assemblies on or within a city street, parking facility,
sidewalk or other public rights-of-way that obstruct, delay or otherwise
interfere with the normal flow of vehicle or pedestrian traffic, or
which do not comply with applicable traffic laws or controls.
(Ord. 2195 § 1, 2020)
Unless the contrary is stated or clearly appears from the context,
the following definitions will govern the construction of the words
and phrases used in this chapter.
means any event where 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,
without limitation, jogging, running, racing, bicycling, rollerblading,
and roller skating.
means a noncommercial sociable gathering on a local, not
arterial or collector, street or area requiring partial or complete
street closure to vehicular traffic and use of the street for the
festival.
means the city manager or designee.
means the public works director, or designee.
means any parade, athletic event, block party, or public
assembly that may require partial or complete street closure to vehicular
traffic and use of the street for the event.
means activity protected by the First Amendment of the United
States Constitution and/or Article 1, Section 2 of the California
Constitution provided that such activity is a significant part of
the event.
means two or more individuals.
means telegram, facsimile, electronic mail or any other written
document.
means any organized march or organized procession of animals,
vehicles or persons on or within a city street, parking facility,
sidewalk or other public right-of-way.
means a person or entity to which the city issues a permit
pursuant to this chapter.
means any group of people participating in an organized activity
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, block party or parade.
includes, without limitation, real property owned or leased
by the city of Monterey Park. Examples include, without limitation,
public parks and open areas at City Hall.
has the same definition as set forth in Government Code Section
3301, and any successor statute.
(Ord. 2195 § 1, 2020)
The director will receive applications, issue and revoke permits,
and otherwise implement this chapter according to the procedures herein.
(Ord. 2195 § 1, 2020)
(a)
Where
this chapter require that an applicant/permittee be provided notice,
such notice will be served when personally delivered to such applicant/permittee;
when electronically mailed to the last known email address; or when
deposited in the first class U.S. mail, addressed to such applicant/permittee
at the applicant/permittee's last known address.
(b)
Unless
otherwise provided, written notification to a permittee/applicant
of a permit decision will state with particularity the basis for such
decision.
(Ord. 2195 § 1, 2020)
(a)
Without
a valid permit issued pursuant to this chapter, it is unlawful for
any person to conduct, sponsor, or knowingly participate in any event
on or within any city street, sidewalk, parking facility, or other
public right-of-way that obstructs or interferes with the normal flow
of vehicular or pedestrian traffic or which does not comply with applicable
traffic laws or controls.
(b)
A
permit is not valid until the director receives the applicant's written
acceptance in accordance with this chapter.
(Ord. 2195 § 1, 2020)
A special event permit is not required for a parade consisting
of a vehicular funeral procession or wedding procession.
(Ord. 2195 § 1, 2020)
(a)
Except
as otherwise provided by federal, state, or local laws, or other city
council authorized restrictions, all fees applicable to this chapter
including, without limitation, fees for using public property, will
be established by city council resolution.
(b)
Charges
will be imposed for city services provided to a permittee other than
public safety and emergency services. Such charges will be determined
by the applicable servicing city department(s) and will be based on
the actual cost incurred by the city in providing such services. Such
service charges will include, without limitation, charges for labor,
supervision, overhead, administration and using city equipment or
supplies. Additional charges may be imposed to cover the cost of extraordinary
permit investigation and staff costs, if the director determines this
necessary.
(c)
Traffic
Control Fee. The permittee will pay the city a fee in an amount equal
to the city's total estimated costs for providing all of the personnel
and materials, including, without limitation, public safety personnel,
necessary to control and monitor pedestrian and vehicular traffic
for such event. Such fee will be paid by the permittee before the
director issues a permit. The traffic control fee may be waived by
the director for any permit authorizing an event involving an exercise
of free speech rights. Such waiver may be granted only upon a showing
of the applicant's inability to pay, which will be supported by a
financial declaration.
(d)
Fee
Waivers. Upon an applicant's request, the director may, but is not
required to, seek a fee waiver from the city council for an event.
Fees may only be waived for the following applicants:
(1)
Non profit groups with current Internal Revenue Code 501(c)(3) or
501(c)(6) status, government agencies, and public schools; or
(2)
Community service groups or organizations without current Internal
Revenue Code 501(c)(3) status where the city council, by resolution,
determines that the proposed event provides services that meet community
needs and it is in the public interest to waive such fees.
(Ord. 2195 § 1, 2020)
Except as otherwise provided, an applicant may request administrative
review of the director's decision pursuant to this chapter.
(Ord. 2195 § 1, 2020)
(a)
Except
as otherwise provided, a request for review must be commenced within
five days from the date on which written notice of the director's
decision is served on the applicant/permittee.
(b)
If
request is untimely, the director may, nevertheless, extend the time
for commencing such review for good cause shown.
(Ord. 2195 § 1, 2020)
A request for administrative review will be on a form provided
by the director and contain the following information:
(a)
The
name, address and telephone number of the person making the request;
(b)
A
description of the decision, determination or order which is the subject
of the review, and the date such decision, determination or order
was made or issued;
(c)
A
brief description of all grounds for making the request; and
(d)
Such
other information as may be required by the director.
(Ord. 2195 § 1, 2020)
(a)
Upon
request for administrative review being filed, the director will provide
a copy of the notice to the city manager within two business days.
(b)
Upon
receiving a request for review from the director, the city manager
will review the request and, within ten business days of receiving
the request notice, provide the appellant with a written notification
that:
(c)
The
city manager may, but is not required to, conduct a hearing at a time
and place determined at the city manager's sole discretion.
(d)
In
addition to other provisions of this chapter, any notification to
the requestor must set forth any modifications of the director's decision.
(Ord. 2195 § 1, 2020)
Unless otherwise provided, an applicant may appeal the city
manager's decision to the city council within ten days of that decision
as provided elsewhere in this code or by city policy and procedure.
(Ord. 2195 § 1, 2020)
(a)
Permit
applications will be filed by a natural person.
(b)
Permit
applications will be in a form prescribed by the director and, for
all events, will contain the following information:
(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; and if
requested by the director, 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 during, and responsible for, the event;
(4)
The name, mailing address, and daytime and evening telephone number
of any workers 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 of 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;
(15)
The type and number of any vendors who will sell food, beverages
or other goods or services at the event for which a business license
is required by this code;
(16)
The type of entertainment;
(17)
Any temporary structure(s) including, without limitation, stages
for performances and entertainment; and
(18)
Location and number of portable restroom facilities.
(Ord. 2195 § 1, 2020)
In addition to the information required in this chapter, every
application for a parade will include the following information:
(a)
The
time when units of the parade will begin to assemble;
(b)
The
proposed assembly point for the parade;
(c)
The
proposed parade route;
(d)
The
interval space to be maintained between units of the parade; and
(e)
The
number, types and size of floats.
(Ord. 2195 § 1, 2020)
In addition to the information required by this chapter, every
applicant for a block party will include the following information:
(a)
The
number of occupied houses within the proposed block party boundaries;
(b)
A
drawing of the street layout, block party boundaries and proposed
barricades; and
(c)
The
written consent for the block party of at least two-thirds of the
property owners/residents on the street within the affected area.
The petition must clearly state the time, date, place and sponsor
of the event. The name, address, telephone and signature of the persons
giving consent must be included.
(Ord. 2195 § 1, 2020)
In addition to the information required by this chapter, applications
for all permits authorizing an event will include such supplemental
information which the director may find reasonably necessary, given
the nature of the event, in order to determine whether to approve
or deny a permit authorizing such event in the manner hereinafter
provided by this chapter.
(Ord. 2195 § 1, 2020)
(a)
After
an event permit application is filed, the director will immediately
forward the application to directors, or designees (collectively "reviewing
officers"), whose departments are affected by the proposed event for
their recommendations. The reviewing officers must include the fire
chief, police chief, and risk manager.
(b)
Upon
receiving an application, the reviewing officers will consider the
application, conduct any necessary investigation, and provide the
director with written recommendations regarding:
(1)
Any special conditions for a permit;
(2)
Whether, based on the scope of the proposed event, a pre-event operational
meeting is required. Should such a meeting be necessary, the director
will notify the applicant of the time and place of the meeting within
a reasonable time before the event; and
(3)
Any additional recommendations.
(c)
The
reviewing officers must complete their review within the time that
the director must make a decision on the application.
(Ord. 2195 § 1, 2020)
(a)
Except
as provided in this chapter, completed applications for a permit authorizing
an event must be filed in the director's office at least:
(1)
Seventy days before the date of such event to ensure administrative
and city council appeals;
(2)
Thirty days before the date of such event, in which case the applicant
will waive its ability for a city council appeal; or
(3)
A lesser time period approved by the director provided that there
is sufficient time to process the application pursuant to this chapter.
Any applicant submitting an application pursuant to this section less
than thirty days before an event waives the administrative review
and city council appeal.
(b)
Except
as provided in this chapter, completed applications for a permit authorizing
an event will be denied, approved, or conditionally approved by the
director within fifteen business days after receiving the completed
application. Following his/her decision, the director will promptly
attempt to notify the applicant orally and will provide written notification
to the applicant.
(c)
Unless
otherwise provided, the applicant's acceptance of the approval or
conditional approval must be received by the director within five
business days after the applicant was served with notification of
the decision. Failure of affected persons to receive actual notice
of an event after permittee has provided reasonable notice will not
invalidate a permit.
(Ord. 2195 § 1, 2020)
(a)
Completed
applications for a permit authorizing a block party:
(1)
Will be filed in the director's office at least fifteen business
days before the date of such event or ten business days if the applicant
wishes to waive his or her administrative review rights;
(2)
Will be denied, approved, or conditionally approved by the director
within seven business days after receiving the application. The director
will promptly attempt to notify the applicant orally and provide written
notification to the applicant and city manager.
(b)
Applicant's
acceptance of the approval or conditional approval must be received
by the director within three business days after the applicant is
served with notice. Failure to accept the decision or to timely file
a request for administrative review will be deemed a withdrawal of
the application.
(c)
If
the applicant filed a completed application at least fifteen business
days before the event and the permit is denied or conditioned, the
applicant may request an administrative review to the director in
writing within three business days of being served with notice of
the decision.
(d)
Applicant
will be deemed to have waived his/her administrative review rights
should the applicant fail to:
(e)
The
director's decision is a final determination. There will be no right
of city council appeal.
(Ord. 2195 § 1, 2020)
(a)
Completed
applications for a permit authorizing a free speech event:
(1)
Will be filed in the director's office at least two business days
before the date of such event to ensure an administrative review.
The director may, but is not required to, accept a completed application
less than two business days before an event upon good cause shown.
Applications will not be accepted less than twenty-four hours before
an event.
(2)
Will be denied, approved, or conditionally approved by the director
within one business day after receiving the application. The director
will promptly attempt to notify the applicant orally and provide written
notification to the applicant and city manager. Such notice will provide
detailed facts and reasons for any denial or conditional approval.
(3)
The director will consult with the city attorney's office before
denying, or specially conditioning, a permit for a free speech event.
(b)
Applicant's
acceptance of the approval or conditional approval must be received
by the director at least twenty-four hours before the event except
for good cause shown. Failure to accept the director's decision or
to timely file an administrative review request will be deemed a withdrawal
of the application.
(c)
The
applicant may appeal to the city manager in writing within one business
day of either oral or written notification, whichever is first.
(d)
An
administrative hearing will be held at a time and place mutually agreeable
to the parties. If the parties cannot agree on the time or place,
then it will be held the next business day after the director's decision
at four p.m. either electronically or in the city manager's office.
The city manager will issue a decision orally at the conclusion of
the hearing and will also notify the applicant and the director in
writing of the city manager's decision. Any notification will describe,
with particularity, the facts and reasons supporting the decision.
(e)
The
city manager's decision is a final determination. There will be no
right of city council appeal.
(Ord. 2195 § 1, 2020)
(b)
Use
of any permit issued pursuant to this chapter will conform to the
general permit conditions of this chapter and, if applicable, special
permit conditions reasonably deemed necessary by the director to protect
public, safety or welfare. Such special conditions may include, without
limitation, conditions for controlling pedestrian or vehicle traffic
and for protecting public or private property.
(Ord. 2195 § 1, 2020)
A permit may be denied for the following reasons:
(a)
The
application is incomplete;
(b)
The
applicant failed to provide reasonable supplemental application information
requested by the director;
(c)
Information
submitted by the applicant is materially false;
(d)
Applicant
seeks approval for an event that is so close in time and location
to another event scheduled for the same date as to cause unreasonable
traffic congestion or to overextend public safety or emergency services;
(e)
The
event's time, route, or method will unreasonably interrupt the safe
and orderly movement of traffic contiguous to the site or route of
the event;
(f)
The
concentration of persons, animals, or vehicles at the event, or at
the site of an assembly or disbanding, prevents public safety or emergency
services from reaching areas at or contiguous to the event;
(g)
The
size of the event will overextend public safety or emergency services
to the extent that the safety of event participants, attendees, or
the remainder of the city will be seriously jeopardized. This provision
does not authorize denying a permit because of the need to protect
participants from the conduct of others if reasonable permit conditions
can be imposed;
(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 along a route or location adjacent to a hospital
or extended care facility, and the noise created by the event would
substantially disrupt the operation of the hospital or extended care
facility or disturb the patients within;
(k)
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;
(l)
The
decorative material on parade floats is not fire resistive or flame
retardant or motorized parade floats and towing apparatus are not
provided with portable fire extinguisher readily accessible to the
operator, as provided in the latest adopted edition of the California
Fire Code, or any similar provision in subsequent revisions of such
code;
(m)
The
application is not timely submitted and there is insufficient time
to investigate and process the application pursuant to the timelines
herein.
(Ord. 2195 § 1, 2020)
If the director denies a permit for an event that would be acceptable
by changing the event's time, place, or manner, then the director
will inform the applicant of such alternatives. Should the applicant
accept the alternative time, place, or manner then the director will
issue a permit in accordance with this chapter.
(Ord. 2195 § 1, 2020)
Permittees must execute a hold harmless agreement in a form
approved by the city attorney which will, in part, indemnify city,
its officers, employees, and agents, from any liability arising from
permittee's event in a form approved by the city attorney's office.
Such agreement must be filed with the director before a permit is
issued.
(Ord. 2195 § 1, 2020)
(a)
Insurance
Requirements. The permittee must obtain the insurance required by
city council resolution.
(b)
Waiver
of Insurance Requirements. The insurance required by this section
must be waived by the director for any permit authorizing an event
involving an exercise of free speech rights.
(Ord. 2195 § 1, 2020)
Permittees must attempt to notify all affected persons, by any
reasonable means, regarding the event's nature, date, and time as
specified by the director. Failure of the permittee to give such notice
will not invalidate a permit.
(Ord. 2195 § 1, 2020)
(a)
Grounds
for Special Permit Conditions. The director may condition a permit
with reasonable requirements concerning the time, place, or manner
of holding 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 these requirements will
not be imposed in a manner that will unreasonably restrict the exercise
of free speech rights.
(b)
Conditions
may include, without limitation, the following:
(1)
Assembly or disbanding area for a parade;
(2)
Accommodating an event's pedestrian and vehicular traffic, including
restricting events to city sidewalks, portions of a city street, parking
facility, or other public right-of-way;
(3)
Avoiding substantial interference with public safety and/or emergency
service access;
(4)
The number and type of vehicles, animals, or structures to be displayed
or used in the event;
(5)
Inspection and approval by city personnel of stages, booths, floats
and other structures or vehicles to be used or operated in the event,
to ensure that such structures or vehicles are safely constructed
and can be safely operated;
(6)
A cleaning deposit if the event includes using structures; displaying
or using horses or other large animals; operation of water stations;
food sales; beverage sales; and/or or sale of other goods or services;
(7)
Use of traffic cones and barricades;
(8)
Operation of first aid stations or sanitary facilities, including
handicap-accessible sanitary facilities;
(9)
Use of garbage containers, and the cleanup and restoration of the
site of the event at the termination of the event;
(10)
Use of sound amplification equipment, and restrictions on the amount
of noise generated by motors and other equipment used during the event;
(11)
The manner for providing notice of permit conditions to event participants;
(12)
Use of emergency services;
(13)
Alternate sites, times, dates or modes for exercising free speech
rights;
(14)
Obtaining of all business licenses required by this code for the
sale of food, beverage or other goods or services at the event; and
(15)
The manner of which alcohol sales and service, if any, will be conducted.
(Ord. 2195 § 1, 2020)
(a)
Grounds
for Special Permit Subsequent Conditions. The director may condition
previously issued permits upon learning or discovering facts not previously
disclosed or reasonably discoverable.
(b)
Notice
of Special Permit Subsequent Conditions. Should subsequent conditions
be required, the director will serve written notice on the permittee
of this decision. When acting upon information obtained twenty-four
hours before an event, the director may orally inform the permittee,
and city personnel overseeing the event, of the new conditions.
(c)
Except
where otherwise provided, a permittee may seek review of imposition
of subsequent conditions to the director as provided in this chapter.
The director's decision is a final determination. There will be no
right of administrative or city council appeal.
(d)
Except
where otherwise provided, an applicant conducting a free speech event
may appeal the decision to impose subsequent conditions through a
hearing before the city manager. The city manager's decision is a
final determination. There will be no right of city council appeal.
(1)
An applicant is entitled to an appeals hearing provided the applicant
appeals the director's decision within twenty-four hours of receiving
notice of such conditions and the event's purpose is for free speech.
(2)
The hearing will be electronic or at the city manager's office at
four p.m. the next business day after the hearing is requested, unless
otherwise agreed upon. The city manager will issue a decision orally
at the conclusion of the hearing and will also notify the applicant
and the director in writing of the city manager's decision. Any notification
will describe, with particularity, the facts and reasons supporting
the decision.
(Ord. 2195 § 1, 2020)
(a)
The
director will revoke an event permit upon learning or discovering
facts requiring permit denial not previously disclosed or reasonably
discoverable.
(b)
The
director may revoke an event permit when the permittee or event violates
the permit's terms and conditions, or when event participants violate
applicable laws or regulations; provided, however, that this subsection
will not authorize revoking a permit because of the need to protect
participants from the conduct of others; and, provided further, that
the director will not revoke a permit without warning the permittee
and allowing him/her to correct the violation(s) within a reasonable
time.
(c)
If
the director revokes a permit before the date of the event, the director
will immediately serve written notice of revocation on the permittee
and will provide copies of the notice to all city personnel charged
with carrying out any responsibility under this chapter. If the director
revokes a permit on the day of the event after learning of facts justifying
revocation less than twenty-four hours before the event commenced,
the director will 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. Written notice will
be delivered after such action to the permittee and city manager.
(d)
An
applicant is entitled to an appeals hearing before the city manager
provided:
(1)
The applicant appeals the director's decision within twenty-four
hours of receiving notice of such conditions; and
(2)
The event is scheduled at least forty-eight hours after the hearing
time.
(3)
The hearing will 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 will issue a decision orally at the conclusion of
the hearing and will also notify the applicant, the director in writing
of the city manager's decision.
(4)
Content of Notices of Revocation. Any notification of action, whether
oral or written, will describe with particularity the facts and the
reasons for the decision.
(e)
The
city manager's decision is a final determination. There will be no
right of city council appeal.
(f)
The
director or city manager can only revoke a permit for a free speech
event after consulting with the city attorney.
(Ord. 2195 § 1, 2020)
The director and any sworn public safety officer may temporarily
suspend an event whenever there is an emergency that requires such
action to protect public safety. Should this occur, the permittee
and event participants will immediately comply with the suspending
officer's instructions. The director will immediately attempt to notify
the applicant orally and will notify the applicant and the city manager
in writing, within twenty-four hours after the suspension, citing
with particularity the facts and the reasons for the suspension.
(Ord. 2195 § 1, 2020)
Pursuant to Code of Civil Procedure Section 1094.8(c), and any
successor statute or regulation, actions related to the conditioning
or denial of free speech event permits in this chapter are designated
for expedited judicial review pursuant to the procedure set forth
in Code of Civil Procedure Section 1094.8.
(Ord. 2195 § 1, 2020)
The director is authorized and directed to establish traffic
and crowd control devices on or within the city's streets, parking
facilities, sidewalks, or other public rights-of-way, and to undertake
other actions necessary to cordon off the route or site of an event.
In addition, the director will, when appropriate, cause the route
or site of such event to be posted 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. 2195 § 1, 2020)
(a)
Interference
with Event. It is unlawful to 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 the Site of Parade or Athletic Event. It is unlawful to 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. It is unlawful to park along or within any portion of the
route or site of an event authorized by a permit, when the route or
site had been posted as a no-parking zone by the director in the manner
authorized by this chapter.
(d)
Prohibited
Items. It is unlawful for any person participating in an event to
possess any of the following:
(1)
Any length of lumber wood, wood, or wood lath that is longer than
twelve inches unless that object meets all of the following criteria:
(A) is made of wood, (B) is one-quarter inch or less in thickness,
and (C) is blunted at all ends;
(2)
Any length of metal or plastic pipe, whether hollow or solid that
is longer than twelve inches except that hollow plastic piping that
meets all of the following criteria may be used solely to support
a sign, banner, placard, puppet or other similar expressive display:
(A) is one-quarter inch or less in its thickest dimension, (B) is
blunted at all ends, and (C) is not filled with any material, liquid,
gas or solid;
(3)
Signs, posters, banners, plaques or notices, whether or not mounted
on a length of material permitted under subsections (1) and (2) of
this section, unless such sign, poster, banner, plaque or notice is
constructed solely of soft material, such as cloth, paper, soft plastic
capable of being rolled or folded, or cardboard material no greater
than one-quarter inch in thickness;
(4)
Baseball or softball bats, regardless of composition or size, except
that such items are permissible when configured of cloth, cardboard,
soft plastic, foam or paper for expressive purposes;
(5)
Any aerosol spray, tear gas, mace, pepper spray or bear repellent;
(6)
Any projectile launcher or other device, such as a catapult or wrist
rocket, which is commonly used for the purpose of launching, hurling
or throwing any object, liquid, material or other substance, whether
through force of air pressure, spring action or any other mechanism;
(7)
Weapons such as firearms, knives, swords, sabers or other bladed
devices, axes, hatchets, hammers, ice picks, razor blades, nunchucks
or martial arts weapons of any kind, box cutters, pellet guns, BB
guns, conducted electrical weapons (CEWs), including, without limitation,
tasers or stun guns, metal/composite/wooden knuckles, or any chain
greater than twenty inches in length or greater than one-quarter inch
in diameter;
(8)
Balloons, bottles or any other container, such as water cannons or
super soakers, filled with any flammable, biohazard or other noxious
matter which is injurious, or nauseous, sickening or irritating to
any of the senses, with intent to throw, drop, pour, disperse, deposit,
release, discharge or expose the same in, upon or about any demonstration,
rally, protest, picket line or public assembly;
(9)
Glass bottles, whether empty or filled;
(10)
Open flame torches, lanterns or other devices that utilize combustible
materials such as gasoline, kerosene, propane or other fuel sources;
(11)
Shields made of metal, wood, hard plastic or any combination thereof;
or
(12)
Bricks, rocks, pieces of asphalt, concrete, pellets or ball bearings.
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Nothing in this subsection prohibits an individual from carrying
a cane or using a walker or other device necessary for providing mobility
so that the person may participate in an event. Further, nothing in
this section prohibits imposing specific conditions for activities
expressly authorized under a permit issued this chapter.
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(e)
Warnings.
When feasible, excluding exigent circumstances, a warning must be
issued before enforcement of the provisions of this section. Such
warning is sufficient if provided orally by posted signs or by amplified
announcement.
(Ord. 2195 § 1, 2020)
