(Legislative History: Ordinance No. 71-49, 1/3/72; Ordinance No. 85-043, 12/16/85; Ordinance No. 86-03, 1/20/86; Ordinance No. 99-03, 2/01/99 (Section 4-20-100))
Activity.
"Activity" shall mean any meeting, assembly, block party, or parade.
Block Party.
"Block party" shall mean a planned or organized event which uses a specified portion of any public street for the purpose of celebrating a special event or holiday and which is organized by and for the residents of a specified street or streets or a specified neighborhood.
Parade.
"Parade" shall mean a march or procession of any kind.
Public Meeting or Assembly.
"Public meeting" or "assembly" shall mean a planned or organized gathering of a group of persons, or any ceremony, show, exhibition, or pageant which may reasonably be expected to result in the gathering of a group of persons, upon any public street, park or other public grounds.
It shall be unlawful for any person to hold, manage, conduct, aid, participate in, form, start or carry on any activity as defined in this Chapter, in or upon any public street, park or other public grounds of the City of San Leandro unless and until a permit to conduct such activity has been obtained in compliance with the provisions of this Chapter, except as herein provided.
This ordinance shall not apply to any of the following:
(a) 
Funeral processions. As used herein, funeral procession shall mean a single direct movement from a mortuary or church to the place of burial of a human body, under direction of an authorized funeral director.
(b) 
A governmental agency acting within the scope of its functions.
(c) 
Students going to and from school classes or participating in educational activities, providing such activity is authorized by the school district and is under the immediate direction and supervision of the school authorities authorized by the school district to approve and supervise such activity.
Application for permits under this Chapter must be filed with the City not less than 14 calendar days in advance of an activity proposed to be held in whole or in part upon a state highway and not less than 96 hours in advance of any other proposed activity.
The application shall be in writing on a form furnished by the City and shall give the following information:
(a) 
The name, address and telephone number of the person requesting the permit. If the activity is proposed to be conducted for, on behalf of, or by any organization, the name, address and telephone number of the headquarters of the organization and the authorized head of such organization shall be stated.
(b) 
The name, address and telephone number of the person who will be directly in charge of and responsible for the activity.
(c) 
The purpose of the activity.
(d) 
The date, estimated starting and ending time, and location or route of the proposed activity.
(e) 
The approximate number of persons who will participate in the activity, and the number and kind of vehicles, equipment and animals, which will be used.
(f) 
Plans for the assembly and dispersal of the activity, including the times and locations thereof.
(g) 
A statement as to whether the activity will occupy all or only a portion of the streets proposed to be traversed.
(h) 
A statement as to whether a permit has been requested or obtained from any other city within which said activity shall commence, terminate or occur in part.
(i) 
Plans for the use of any type of sound amplification equipment.
(j) 
Any additional information which the Chief of Police shall find reasonably necessary to a determination of the findings required by Section 4-20-120.
The Chief of Police shall issue a permit as provided for hereunder unless he or she determines from consideration of the application and from other pertinent information, that:
(a) 
Information contained in the application, or supplemental information requested from the applicant, is false in any material detail;
(b) 
The applicant fails to complete the application form after having been notified of the additional information or documents required;
(c) 
The sole purpose of the activity is advertising of any product, good, ware, merchandise or event, and is designed to be held solely for private profit and not for First Amendment expression;
(d) 
The time, route, or size of the activity will substantially interrupt the safe and orderly movement or traffic contiguous to the site or route, or disrupt the use of a street at a time when it is usually subject to great traffic congestion;
(e) 
The concentration of persons, animals and vehicles at the site of the activity will prevent proper police, fire, or ambulance services to contiguous areas; or
(f) 
The activity shall occur at a time when a school is in session at a route or location adjacent to the school, and the noise created by the activity would substantially disrupt the educational activities of the school.
If the activity is proposed to be held in whole or in part upon a state highway, no such permit shall be issued unless prior written approval thereof has been obtained from the Department of California Highway Patrol and from the Department of Transportation.
If a prior permit application shall have been made for an activity proposed to be held at the same time or place, the Chief of Police may refuse approval of the later application if both activities would create undue traffic congestion. In case of such refusal, he or she shall forthwith send the applicant a written notice that he or she may apply for an alternate time and place.
The application shall be accompanied by a nonrefundable application fee in an amount established by the City Council by resolution.
Notice of issuance or denial of the permit shall be by telephone unless there is sufficient time for notice by mail. When notice is by telephone, notice of denial of a permit shall also be mailed to the applicant by the City Clerk within two calendar days stating the reasons for denial.
There shall be no right to appeal denial of a permit to hold a proposed activity in whole or in part upon a state highway, if such denial results from disapproval of the application by the Department of California Highway Patrol or the Department of Transportation. In any other case the applicant shall have the right to appeal the denial of a permit to the City Manager. A notice of appeal shall be filed with the City Clerk within two working days after receipt of notice of the denial. The City Manager shall hold a hearing no later than two working days after the appeal is filed and shall render his or her decision no later than one working day after the hearing. The City Manager's decision shall be final.
The Chief of Police may condition the issuance of a permit by imposing reasonable requirements concerning the time, place and manner of the activity, and such requirements as are necessary to protect the safety of persons and property, and the control of traffic; provided such conditions shall not unreasonably restrict the right of free speech. Such conditions may include:
(a) 
Alteration of the date, time, route or location of the activity proposed on the application;
(b) 
Conditions concerning the area of assembly and disbanding of parade or other activities occurring along a route;
(c) 
Conditions concerning accommodation of pedestrian or vehicular traffic, including restricting the event to only a portion of a street transversed;
(d) 
Requirements for the use of traffic cones or barricades;
(e) 
Requirements for provision of first aid or sanitary facilities;
(f) 
Requirements for use of monitors, and providing notice or permit conditions to participants;
(g) 
Restrictions on the number and type of vehicles, animals, or structures at the activity;
(h) 
Requirements for use of garbage containers, cleanup and restoration of City property;
(i) 
Restrictions on use of amplified sound;
(j) 
An application for a special activity permit to conduct a block party may be conditioned on notice and approval by 50% of the residents of dwellings along the affected street(s);
(k) 
Requirements that the permittee hold the City harmless in connection with the activity; or
(l) 
Requirements that the permittee have liability insurance either independently or through coverage offered by the City as provided in the Administrative Code, if such coverage is available.
(a) 
A permittee hereunder shall comply with all terms and conditions of said permit and with all applicable laws and ordinances.
(b) 
The written permit obtained pursuant to this Chapter shall be carried by the person heading or leading the activity for which the permit was issued.
The Chief of Police may revoke any permit issued hereunder upon the failure of the permittee to comply with the terms and conditions of said permit, or if the activity, because of the manner in which it is being conducted, or for any other reason, is jeopardizing those bases of approval set forth in Section 4-20-120.
(a) 
No person shall unreasonably obstruct, impede or interfere with any activity or with any person, vehicle or animal participating in any activity for which a permit has been granted in accordance with the provisions of this Chapter.
(b) 
The City Council shall by resolution adopt rules and regulations providing a procedure for the temporary closing of a portion of any street on which an activity is proposed to be held when necessary for the safety and protection of persons who are to use that portion of the street during the time of such activity.