CHAPTER 16
CARNIVALS, FAIRS AND PARADES
Article 1 CARNIVALS AND FAIRS
4.16.102 Permit Required.
It shall be unlawful for any person, firm or corporation to establish, set up, maintain, exhibit, conduct or carry on in the City of Oakley any carnival, circus, fair, menagerie, wild animal show, trained animal show, rodeo, ferris wheel, merry-go-round, traveling show, or other similar or related type of public amusement place, unless a permit to do so has been issued as hereinafter provided and is in full force and effect.
4.16.104 Application for Permit.
Any person, firm or corporation desiring a permit required by this article shall file an application with the Finance Director. The application for a permit required by this section shall be filed with the Finance Director at least 30 days prior to the commencement of the amusement activity. The Finance Director shall prescribe the forms and procedures for applications for a license. The forms shall indicate the fee for the application, the fee for the permit, and the insurance and bond requirements of this article. The application shall be verified and shall set forth:
a. The name and address of the applicant.
b. If the applicant is a corporation, the name and address of the corporate officers.
c. The name and address of the proprietor and the person to be in immediate charge of the place of amusement.
d. The location at which it is proposed to conduct the place of amusement.
e. A description of the amusement devices proposed to be conducted, the placement of these devices and the method of operation.
f. The inclusive dates during which the place of amusement is proposed to be kept open each day.
g. Such other information as may be required by the City.
4.16.106 Fees; Terms.
All applications for licenses under the provisions of this article shall be accompanied by an application fee. No application fee paid under this article shall be refunded. All permits granted under this article shall also require a fee. All permits issued under the provisions of this article shall be valid only so long as the fee has been paid prior to the commencement of the amusement activity. Any license that has been terminated pursuant to this article shall require the filing of a new application for a permit under this article. No permit fee paid under this article shall be refunded. Such fees shall be established by resolution of the City Council.
4.16.108 Review of Application.
The Finance Director shall refer the application for the permit required by this article to the Police Chief, City Engineer and Chief Building Official for investigation and report as necessary. Upon receipt of such reports, the Finance Director shall thereafter approve such permit if he/she finds that the proprietor and the person to be in immediate charge of the place of amusement are qualified to engage in and supervise such activity, that the proposed activity at the proposed location is not of such a character as to disturb the public peace, health, safety or general welfare, and that the conducting thereof in the proposed location will not violate any provision of this Code; otherwise, the Finance Director shall deny the application. In approving any permit, the Finance Director may attach such conditions of approval as may be necessary to assure compliance with the provisions of this article. The Finance Director shall act upon such application within 30 days of the submission thereof and shall notify the applicant of his/her decision by depositing notice of such decision in the first-class U.S. mail, postage prepaid, addressed to the applicant, not later than 10 days following the date of such decision. A notice of denial of an application must contain a statement of the facts upon which the denial is based and must contain a statement of the appeal procedure contained in Section 4.16.140.
4.16.110 Location Requirements.
No amusement activity governed hereby shall be located in any zone where such activity is specifically prohibited by the zoning regulations of the City of Oakley. No part of any amusement activity, including rides, booths, exhibits, concession stands, equipment, or other facilities connected therewith, shall be located closer than 300 feet to any occupied dwelling. Carnivals, fairs, and other amusement activities operated by schools, churches and other local nonprofit, educational, or charitable organizations may be exempted from this requirement by the City provided that the amusement activity will not be a nuisance to residents within the 300-foot radius of such activity.
4.16.112 Hours of Operation.
No amusement activity regulated by this article shall operate between 12:00 a.m. and 8:00 a.m. of the following morning. The City may further restrict the hours of operation of any amusement activity if such restriction is necessary to protect surrounding residential areas.
4.16.114 Operation on Public Streets Prohibited.
No amusement activity, or any equipment used in connection therewith, shall be operated or be located upon a public street or alley, except that a parade operating under specific authority from the City, in accordance with all terms and conditions of any permit granted for the same, may operate on public streets and alleys according to the terms of such permit.
4.16.116 Illumination of Amusement Area.
All lights and illumination of an amusement activity regulated hereby, including facilities, equipment and rides, shall be arranged so as to reflect the light and glare away from any adjacent residential properties.
4.16.118 Emergency Lighting.
The area around and between tents, facilities and equipment of any amusement activity shall be well lighted at all times during the operation of such amusement activity or any part thereof. An emergency lighting system approved by the building department to provide adequate lighting for orderly evacuation in event of disaster or emergency shall be provided by the permittee when required by the City Building Department. The operation of any amusement activity at any time such requirements are not being fully met is prohibited.
4.16.120 Sound Amplifying Equipment.
All sound amplifying equipment used in conjunction with any amusement activity regulated hereby shall comply with the following regulations:
a. The only sounds permitted are music and human speech.
b. The human speech and music amplified shall not be profane, lewd, indecent or slanderous.
c. The volume of sound shall be controlled so that it will not be audible for a distance in excess of 200 feet from its source, and so that said volume is not unreasonably loud, raucous, jarring, disturbing or a nuisance to persons within the area of audibility.
d. No sound amplifying equipment shall be operated with an excess of 15 watts of power in the last stage of amplification.
4.16.122 Ground Cover.
All areas or parcels of land used for any amusement activity regulated hereby, including off-street parking areas, shall be either paved with a permanent paving material, such as portland cement concrete or asphaltic concrete, or be treated with some type of temporary ground cover, such as oil, wood chips or gravel, in order to inhibit dust. In order to insure that adjoining areas are adequately protected from such dust, the City Building Department may prescribe the type of amusement activity, the type of area being used, its proximity to other areas, and the length of time for which the permit is issued.
4.16.124 Off –Street Parking.
As part of the determination as to whether the proposed location of an amusement activity is suitable or not, the City shall take into account the availability of off-street parking areas to accommodate the automobiles which can reasonably be anticipated in connection with the amusement activity for which an application has been made. If the City determines that the amount of off-street parking area available adjacent to and in the immediate vicinity of the proposed location of the amusement activity is inadequate, he/she may disapprove the application in whole or in part. In making this determination, the City shall take into account such things as the size of the amusement activity, the hours of operation, the type of uses in the vicinity and the availability of on-street parking.
4.16.126 Fencing and Pedestrian Control.
The City may, in the interest of public safety, require fencing of all or a portion of the amusement activity site in order to control pedestrian movement to and from the said site. City may also designate the means of pedestrian ingress and egress for the said amusement activity.
4.16.128 Health and Sanitation.
The amusement activity, and each portion thereof, shall conform to the health and sanitation requirements established by the county health officer, and by applicable State, county and City laws.
4.16.130 Building and Fire Codes.
All amusement activities shall comply with the building and fire codes and ordinances of the City of Oakley. Upon request, permitees shall furnish proof to the City of Oakley that all equipment, rides, tents and structures utilized in connection with any amusement activity have been inspected and are in compliance with applicable state and City laws and regulations, and shall cooperate with the inspection thereof by local police, fire, building, health or other public officials and personnel. In the event any tent shall be used as a public assemblage, the following rules shall apply:
a. No flammable or explosive liquid or gas shall be stored or used in, or within 50 feet of, such tent.
b. Smoking shall not be permitted within any such tent, and no smoking signs shall be prominently displayed throughout such tent, and at each entrance thereof.
c. Such tent and bunting, flammable decorations and sawdust therein or thereabout shall be entirely treated with a fire-retardant solution.
d. All weeds and flammable vegetation in or within 30 feet of such tent shall be removed and prevented from re-growing.
e. The grounds both inside and outside of tents shall be kept free and clear of combustible waste, which shall either be stored in closed metal containers or removed from the premises, unless allowed pursuant to a permit from the Fire Department.
f. Any condition that presents a fire hazard or would contribute to the rapid spread of fire, or would delay or interfere with the extinguishment of a fire, shall be immediately abated, eliminated, or corrected as ordered by the Fire Department.
4.16.132 Cleaning Area.
Any person granted a permit to conduct or carry on an amusement activity regulated hereby shall be responsible for keeping the area or parcel of land used for the amusement activity including off-street parking areas, free and clear of all rubbish, waste matter and debris during the time such amusement activity is carried on or conducted.
4.16.134 Bond Required.
In order to ensure that all areas used for amusement activities are kept free and clear of all rubbish, waste matter and debris and properly cleaned up and cleared of all such material at the termination of the amusement activity, every applicant for a permit shall file with the City Attorney a cash bond or other security approved as to form by the City Attorney in the sum of $1,000. Said bond shall be conditioned upon the permittee completely cleaning up and clearing the amusement area, including any off-street parking area, of any rubbish, waste matter and debris.
4.16.136 Liability Insurance.
As a condition precedent to granting a permit hereunder, the applicant shall furnish to the Finance Director a policy of insurance issued by a company licensed to do business in California evidencing comprehensive public liability insurance with a minimum of $1,000,000 combined single limit per occurrence. The applicant shall furnish the Finance Director an endorsement to said policy naming the City of Oakley, its officers, agents and employees as additional insured. Said endorsement shall be signed by an authorized representative of the insurance company and shall indicate that the insurance shall be effective during the period the amusement activity is being conducted in the City of Oakley.
4.16.138 Revocation or Suspension of Permit.
Any permit issued pursuant to this chapter may be suspended or revoked by the issuing authority for violation of any provision herein or for breach of condition contained in the permit or for violation of any law of the State of California or of the City of Oakley, or in the event such activity is conducted in such a manner as to constitute a public nuisance. Notwithstanding anything to the contrary herein, the licensing authority, may suspend the permit as to any games or activities operating illegally until the operator(s) of such game(s) or activities complies with all laws. Such suspension shall be in addition to any criminal penalties provided by this Code.
4.16.140 Appeals.
Any person aggrieved by the determination of the City officials to deny the issuance of or to revoke or suspend a permit may appeal such decision to the City Manager. Such appeal shall be taken by filing a written notice of appeal with the City Clerk within 10 days of the date of the decision to deny or revoke and shall set forth the grounds for the appeal. A failure to file a timely appeal shall render the decision to deny or revoke final. The City Manager shall set a time and place for a hearing on the appeal within 10 days of the filing of the appeal. The City Manager’s determination following the hearing shall be in writing and shall be sent to the permit holder. The decision of the City Manager shall be final and conclusive.
Article 2 PARADES
4.16.202 Title.
This article shall be known and may be cited as the Parade Ordinance of the City of Oakley.
4.16.204 Definitions.
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
a. "Chief of Police" shall mean the Chief of Police of the City of Oakley or his/her designee.
b. "Parade" shall mean any parade, march, ceremony, show, exhibition, pageant, or procession of any kind, or any similar display in or upon any street, park, or other public place in the City.
c. Parade "permit" shall mean a permit as required by this article.
d. "Person" shall mean any person, firm, partnership, or association, company, or organization of any kind.
e. "Vehicle" shall mean a device by which any person or property may be propelled, moved, or drawn upon a highway or road, whether moved by a motor, exclusively by human power or used exclusively upon stationary rails or tracks.
4.16.206 Permit Required.
a. No person shall engage in, participate in, aid, form, or start any parade unless a parade permit shall first have been obtained from the Chief of Police pursuant to the provisions of this article.
b. Exceptions. This article shall not apply to:
1) Funeral processions;
2) Students going to and from school, classes, or participating in educational activities, providing such conduct is under the immediate direction and supervision of the proper school authorities;
3) A government agency acting within the scope of its functions.
4.16.208 Application.
A person seeking issuance of a parade permit shall file an application with the Chief of Police or his/her designee on forms provided by the City.
a. Filing Period. An application for a parade permit shall be filed with the Chief of Police not less than 30 days or more than one year before the date on which it is proposed to conduct the parade. Parades for the purpose of exercising the right of free speech and/or religious expression should file an application as soon as practicable before the parade but at least five days prior to the event unless good cause is shown (such as a circumstance relating to the purpose of the parade which arose after the application deadline).
b. Contents. The application for a parade permit shall set forth the following information:
1) The name, address and telephone number of the person seeking to conduct such parade;
2) If the parade is proposed to be conducted for, on behalf of, or by an organization, the name, address and telephone of the headquarters of the organization, and the authorized and responsible heads of such organization;
3) The name, address and telephone number of the person who will be the parade chairperson and who will be responsible for its conduct;
4) The date when the parade is to be conducted;
5) The route to be traveled, the starting point and the termination point;
6) The approximate number of persons who, and animals and vehicles which, constitute such parade, the types of animals and descriptions of the vehicles;
7) The hours when such parade will start and terminate;
8) A statement as to whether the parade will occupy all or only a portion of the width of the streets proposed to be traversed;
9) The location by streets of any assembly areas for such parade;
10) The time at which units of the parade will begin to assemble at any such assembly area or areas;
11) The interval of space to be maintained between units of such parade;
12) If the parade is designed to be held by and on behalf of or for any person other than the applicant, the applicant for such permit shall file with the Chief of Police a communication in writing from the person proposing to hold the parade authorizing the applicant to apply for the permit on his/her behalf;
13) Any additional information which the Chief of Police shall find reasonably necessary to a fair determination as to whether a permit should be issued.
c. Late Applications. The Chief of Police, when good cause is shown therefore, shall have the authority to consider any application hereunder which is filed less than 30 days before the date such parade is to be held.
d. Standards for Issuance. The Chief of Police shall issue a permit as provided for hereunder when, from a consideration of the application and from such other information that may otherwise be obtained, he/she finds that:
1) The conduct of the parade will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route;
2) The conduct of the parade will not require a diversion of so great a number of police officers of the City to properly police the right of movement in the areas contiguous thereto as to prevent normal police protection to the City;
3) The conduct of such parade will not require the diversion of so great a number of ambulances as to prevent normal ambulance services to portions of the City other than that to be occupied by the proposed line of march and areas contiguous thereto;
4) The concentration of persons, animals and vehicles at assembly points of the parade will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such assembly areas;
5) The conduct of such parade will not interfere with the movement of firefighting equipment en route to a fire;
6) The conduct of the parade is not reasonably likely to cause injury to persons or property, or provoke disorderly conduct or create a disturbance;
7) The parade is scheduled to move from its point of origin to its point of termination expeditiously without unreasonable delays en route;
8) The parade is not to be held for the sole purpose of advertising a product, goods or event, and is not designed to be held purely for private profit.
4.16.210 Fees; Costs.
a. Application Fee. All applications for permits under the provisions of this article shall be accompanied by an application fee. No application fee paid under this article shall be refunded. Such fees shall be established by resolution of the City Council.
b. Cleanup Deposit. The Chief of Police may require a cash deposit to be made prior to the issuance of a permit, in order to guarantee that applicant will perform a final cleanup of all areas where the parade will be conducted. The deposit shall not exceed the actual costs estimated to be necessary to accomplish the cleanup. Final cleanup shall be completed, to the satisfaction of the City Engineer, within 24 hours after cessation of the event. If the applicant fails to complete the cleanup within the specified period of time, or if the work is not performed to the satisfaction of the City Engineer, the City may perform the cleanup itself, either through the use of City employee or through contract. In the event the cleanup cost exceeds the amount of the security deposit, the applicant shall be liable to the City for payment of such excess cost. Upon certification by the City Engineer that the final cleanup has been satisfactorily completed, the cleanup deposit or any remaining balance thereof, shall be mailed to the applicant at his/her address shown on the application.
4.16.212 Review of Application.
The Chief of Police shall act upon the application for a parade permit within seven days after the filing thereof. The Chief of Police shall refer the application for the permit required by this article to the City Engineer, City Engineer and Parks and Recreation Director for investigation and report as necessary. The Police Chief shall examine all applications and shall make or cause to be made such further investigation of the application and the applicant as deemed necessary in order to perform his/her duties under this article. In approving any permit, the Chief of Police may attach such conditions of approval as may be necessary to assure compliance with the provisions of this article. The Chief of Police shall notify the applicant of his/her decision by depositing notice of such decision in the first-class U.S. mail, postage prepaid, addressed to the applicant, not later than five days following the date of such decision. A notice of denial of an application must contain a statement of the facts upon which the denial is based and must contain a statement of the appeal procedure contained in Section 4.16.214.
4.16.214 Appeals.
Any person aggrieved by the decision of the Chief of Police shall have the right to appeal the decision to the City Manager. Such appeal shall be taken by filing a written notice of appeal with the City Clerk within 10 days of the date of the Chief of Police’s decision. A failure to file a timely appeal shall render the Chief of Police’s decision final. The City Manager shall set a time and place for a hearing on the appeal within five days of the filing of the appeal. The City Manager’s determination following the hearing shall be in writing and shall be sent to the parade applicant. The decision of the City Manager shall be final and conclusive.
4.16.216 Alternative Permit.
The Chief of Police or City Manager in denying an application for a parade permit shall be empowered to authorize the conduct of the parade on a date, at a time, or over a route different from that named by the applicant. An applicant desiring to accept an alternative permit shall within five days after notice of the action of the Chief of Police or City Manager file a written notice of acceptance with the Chief of Police. An alternate permit shall conform to the requirements, and shall have the effect of a parade permit under this article.
4.16.218 Contents of Permit.
Each parade permit shall state the following information:
a. Starting time;
b. Minimum speed;
c. Maximum speed;
d. Maximum interval of space to be maintained between the units of the parade;
e. The portions of the streets to be traversed which may be occupied by the parade;
f. Maximum length of the parade in miles or fractions thereof;
g. Such other information as the Chief of Police shall find necessary to the enforcement of this article.
4.16.220 Duties of Permittee.
A permittee hereunder shall comply with all permit directions and conditions, and with all applicable laws and ordinances. A parade chairperson or other person heading or leading such activity shall carry the parade permit upon his/her person during the conduct of the parade.
4.16.222 Public Conduct During Parades.
a. Interference. No person shall unreasonably hamper, obstruct or impede or interfere with any parade or parade assembly, or with any person, vehicle or animal participating or used in a parade.
b. Driving Through Parades. No driver of a vehicle shall drive between the vehicles or persons comprising a parade when such vehicles or persons are in motion and are conspicuously designated as a parade.
c. Parking On Parade Route. The Chief of Police shall have the authority when reasonably necessary to prohibit or restrict the parking of vehicles along the highway or part thereof constituting a part of the route of a parade. The Chief of Police shall post signs to such effect and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof.
4.16.224 Revocation.
The Chief of Police shall have the authority to revoke a parade permit issued hereunder upon application of the standards for issuance as herein set forth.
4.16.226 Violation.
A violation of the provisions of this article shall be deemed a misdemeanor.