Chapter 13A
MEETINGS, ASSEMBLIES, PARADES, SOUND-AMPLIFYING SYSTEMS, LIVE MUSIC1
Sections:
13A.6 Notice of rejection of application.
13A.7 Appeal from denial of permit.
13A.10 Officials to be notified.
13A.11 Interference with parade, meeting or other activity.
13A.1 Permit—Required; fees.
It shall be unlawful for any person to conduct or sponsor a meeting, concert, live music, assembly, parade or procession, or use a sound-amplifying system of any kind or any other similar display, or cause or permit the same upon any street, alley, park, or any other public or private grounds in the city unless there has first been obtained from the police department a permit to do so, said permit shall be carried by a person heading or leading said activity. Fees for such permits shall be fixed by council resolution. (Ord. No. 89-2, § 1, 2-6-89)
13A.2 Same—Exceptions.
The provisions of this chapter shall not apply to:
(1) Funeral processions.
(2) Students of the schools going to and from classes or when constituting a part of their educational activities and under the immediate direction and supervision of the proper school authorities.
(3) A governmental agency within the scope of its functions.
(4) Sound-amplifying systems used on private property where the sound produced does not carry beyond the property line so as to disturb persons on adjoining property.
(5) Radios and other sound-amplifying systems, wherever used, when the volume does not exceed the volume of normal conversational speech.
(6) Meetings or assemblies in residentially zoned areas. (Ord. No. 89-2, § 1, 2-6-89)
13A.3 Application for permit.
Any person desiring to conduct or manage live music, a concert, assembly, parade or procession or use a sound-amplifying system shall, not less than thirty (30) nor more than sixty (60) days before the date on which it is proposed to conduct such parade, meeting or other activity, file with the police department a verified application on a form furnished by the city administrator, setting forth the following information:
(1) The name of the person or organization wishing to conduct such parade, meeting or other activity.
(2) If the parade, meeting or other activity is proposed to be conducted for, on behalf of, or by an organization, the name, address and telephone number of the headquarters of the organization, and the authorized and responsible head of such organization.
(3) The name, address and telephone number of the person who will be the chairman of the parade, meeting or other activity and who will be responsible for its conduct.
(4) The name, address and telephone number of the person or organization to whom the permit is desired to be issued.
(5) The date or dates when such parade, meeting or other activity is to be conducted, and its duration.
(6) The location of the meeting or other activity or the route to be traveled, the starting point and the termination point.
(7) The approximate number of persons who, and animals and vehicles which will constitute such parade, meeting or other activity; the type of animals, and a general description of the vehicles.
(8) The time when such parade, meeting or other activity will start and terminate.
(9) If a parade, whether such parade will occupy all or only a portion of the width of the streets proposed to be traversed.
(10) If a parade, the location by streets of any assembly area or areas for such parade.
(11) If a parade, the time at which units of the parade will begin to assemble at any such assembly area or areas.
(12) Provisions for sanitation and parking.
(13) Such other information as may be required by the police department to enable it to make adequate arrangements, as the circumstances may require, for proper policing of the proposed activity or public use of the sound-amplifying system. (Ord. No. 89-2, § 1, 2-6-89)
13A.4 Issuance of permit.
The police department shall issue a permit as provided for hereunder when, from a consideration of the application and from such other information as may otherwise be obtained, it finds that:
(1) The activity does not come under the provisions of section 13A.4(3) of this Code; and if it does, the application shall be referred to the council.
(2) The conduct of such parade, meeting or other activity will not substantially interrupt the safe and orderly movements of other pedestrian or vehicle as traffic contiguous to its route or location.
(3) The conduct of such parade, meeting or other activity will not require the diversion of so great a number of police officers of the city to properly police the line of movement or location and the areas contiguous thereto, as to prevent normal police protection to the city, and Chapter 18C of this Code has been complied with.
(4) The concentration of persons, animals and vehicles at assembly points of the parade or location of the meeting or other activity will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such assembly areas or locations.
(5) The conduct of such parade or meeting or use of a sound-amplifying system will not have an undue adverse effect upon schools, hospitals, churches, businesses or residents in the vicinity of such activity.
(6) The conduct of such parade, meeting or other activity will not unduly interfere with the movement of firefighting equipment en route to a fire or other emergency equipment.
(7) The conduct of such parade, meeting or other activity is not reasonably likely to cause injury to person or property or to provoke disorderly conduct or create a disturbance.
(8) The applicant has not violated the terms of a prior permit.
(9) Proper provisions have been provided for sanitation and parking. (Ord. No. 89-2, § 1, 2-6-89)
13A.5 Terms of permit.
The permit to be issued by the police department shall prescribe the following:
(1) The name of the person or organization wishing to conduct such parade, meeting or other activity.
(2) If the parade, meeting or other activity is proposed to be conducted for, on behalf of, or by an organization, the name, address and telephone number of the headquarters of the organization authorized and responsible for its conduct.
(3) The name, address and telephone number of the person who will be the chairman and who will be responsible for its conduct.
(4) The name, address and telephone number of the person or organization to whom the permit is desired to be issued.
(5) The date or dates when such activity is to be conducted, with a maximum duration of one (1) year.
(6) The location or if a parade, the route to be traveled, the starting point and the termination point.
(7) If a parade, the approximate number of persons who, and animals and vehicles which will constitute such activity; the types of animals and general description of the vehicles.
(8) The time when such activity will start and terminate.
(9) If a parade, whether such parade will occupy all or only a portion of the width of the streets proposed to be traversed.
(10) If a parade, the location by streets of any assembly area or areas for such parade.
(11) If a parade, the time at which units of the parade will begin to assemble at any such assembly area or areas.
(12) Requirements for sanitation and parking.
(13) Such other regulations as may be required under local, state or federal law for proper policing of the activity or public use of sound-amplifying system. (Ord. No. 89-2, § 1, 2-6-89)
13A.6 Notice of rejection of application.
The police department shall act upon the application for a parade permit within five (5) days after the filing thereof. If the police department disapproves the application, it shall mail to the applicant within five (5) days after the date upon which the application was filed, a notice of its action, stating the reasons for its denial of the permit. Such notice shall be mailed to the applicant at his address as given therein. (Ord. No. 89-2, § 1, 2-6-89)
13A.7 Appeal from denial of permit.
Any person who has been denied a permit by the police department may appeal forthwith to the city administrator who shall mail applicant notice of his action within two (2) days and if again denied, then to the council at their regular meeting by filing a written notice of said appeal within five (5) days after the mailing by the city administrator of the notice of rejection. (Ord. No. 89-2, § 1, 2-6-89)
13A.8 Alternative permit.
The police department or city administrator in denying an application, may authorize the conduct of such parade, meeting or other activity on a date, at a time, or at a location or by a route different from that named by the applicant, and if the applicant desires to accept the proposed date, time and location or route, he shall, within two (2) days after notice of the action of the police department or city administrator. Such permit shall conform to the requirements of this chapter. (Ord. No. 89-2, § 1, 2-6-89)
13A.9 Late applications.
The police department shall have authority, in its discretion, to consider any application for a permit to conduct a meeting, parade or other activity which is filed less than thirty (30) days before the date such parade is proposed to be conducted. (Ord. No. 89-2, § 1, 2-6-89)
13A.10 Officials to be notified.
Immediately upon the granting of a parade permit, the police department shall send a copy thereof to the following:
(1) The license collector for compliance with Chapter 13 of this Code.
(2) The chief of the Gilroy fire department.
(3) The chief of the Gilroy rural fire department.
(4) Other public officials responsible for functions deemed likely to be affected by the parade, meeting or other activity.
(5) Any public transportation or other utility, the regular routes of whose vehicles will be affected by the route or location of the proposed parade, meeting or other activity. (Ord. No. 89-2, § 1, 2-6-89)
13A.11 Interference with parade, meeting or other activity.
No person shall without the consent of the permittee, join or participate in a parade, meeting or other activity, nor in any manner interfere with its progress or orderly conduct. (Ord. No. 89-2, § 1, 2-6-89)
13A.12 Violations.
Each violation of any provision of this chapter and each violation of any of the prescribed terms under which the permit is issued shall be punishable under section 1.7 of this Code. Each violation of this chapter and each violation of any of the prescribed terms under which the permit is issued shall constitute a public nuisance and be subject to abatement as such. (Ord. No. 89-2, § 1, 2-6-89)
13A.13 Revocation.
In the event that the chief of police has reasonable cause to believe and does believe that any permittee or other person employed by or representing such permittee is violating any of the provisions of this chapter or any other law or ordinance relating to the permitted activity, or is conducting or has conducted or operated such activity so as to be detrimental to public morals or the public welfare, all facts and information relating to such alleged violation or conduct shall be reported to the city administrator, who may forthwith revoke such permit, subject to an appeal to the council, the decision of which shall be final. The permit shall remain revoked during the appeal. (Ord. No. 89-2, § 1, 2-6-89)
Prior legislation: Ord. Nos. 901 and 77-15.