Chapter 12.12
PARADES
Sections:
12.12.030 Application for permit.
12.12.050 Alternate dates, times and routes.
12.12.070 Notification to other departments and agencies.
12.12.080 Notification of permit denial.
12.12.090 Appeal from permit denial.
12.12.110 Duties of the permittee.
12.12.120 Revocation of permit.
12.12.130 Waivers and exemptions.
12.12.140 Penalty for violation.
Prior legislation: Ords. 243 and 481.
12.12.010 Definitions.
As used in this chapter, unless the context otherwise clearly indicates, each of the following words or terms shall have the meaning ascribed to it in this section:
(A) “Parade” means any march, pageant, procession, ceremony, show, celebration, or exhibition of any kind in or upon any street, park or other public place in the City; provided, however, that said term shall not apply to funeral processions, students traveling to or from school, students participating in educational activities which are under the immediate supervision of responsible school authorities, or activities of any governmental agency acting within the scope of its powers and authority.
(B) “Person” means any individual, association, firm, partnership, joint venture, corporation, organization, municipality, county, district or political subdivision.
(C) “Street” means all that area dedicated to public use for public street purposes including, without limitation, roadways, parkways, alleys and sidewalks. (Ord. 900 § 1, 1990)
12.12.020 Permit required.
No person shall organize, conduct, promote or manage any parade in or over any street, park or other public place in the City without first obtaining a permit from the City Engineer in accordance with the provisions of this chapter. (Ord. 900 § 1, 1990)
12.12.030 Application for permit.
(A) The application for a permit to organize, conduct, promote or manage a parade shall be on a form provided by the City Engineer and shall contain or be accompanied by the following:
(1) The name, address and telephone number of the applicant;
(2) The name, address and telephone number of the applicant’s authorized representative, whom the City may contact or notify at any time concerning the applicant’s proposed parade;
(3) The proposed date of the parade and the times at which the parade will begin and end;
(4) A description of the precise route to be traveled and a statement as to whether the parade will occupy all or only one-half of the width of the streets proposed to be traversed;
(5) A description of the assembly area, the starting point, the termination point and the disbanding area;
(6) The estimated number of participants in the parade, including a description of any animals involved and a description of all vehicles which will be utilized;
(7) The estimated time at which units of the parade will begin to assemble at the assembly area;
(8) The distance proposed to be maintained between units of the parade; and
(9) A statement whereby the applicant agrees to indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any claim, loss, liability or damage sustained by any person attributable to or arising out of the conduct of the parade or the acts or omissions of its participants.
(B) Such additional information as may be requested by the City Engineer in order to evaluate the nature and extent of the proposed parade.
(C) The application for permit to organize, conduct, promote or manage a parade shall be accompanied by a nonrefundable permit processing fee in an amount established by resolution of the City Council.
(D) The application for permit, and the accompanying processing fee, shall be filed with the City Engineer not less than 10 days prior to the date of a proposed parade; provided, however, that the City Engineer shall have authority, upon a showing of good cause by an applicant, to process an application filed less than 10 days prior to the date of a proposed parade. (Ord. 1614 § 4 (Exh. I), 2023; Ord. 900 § 1, 1990)
12.12.040 Permit issuance.
(A) Following the receipt of an application for permit submitted pursuant to the provisions of this chapter, the City Engineer shall review and evaluate said application and all information and documentation submitted in connection therewith. A permit shall be issued by the City Engineer upon a determination that the following standards will be met:
(1) The conduct of the proposed parade will not substantially interfere with the safe and orderly movement of traffic in the vicinity of the proposed parade route.
(2) The number of law enforcement personnel required to monitor the proposed parade and the assembly and disbanding areas will not unduly interfere with normal police protection in other areas of the City.
(3) The conduct of the proposed parade will not interfere with the movement of fire-fighting equipment en route to a fire.
(4) The conduct of the proposed parade will not prevent or obstruct any construction or maintenance work which is scheduled for any street, park or other public place proposed to be utilized in connection with the parade.
(5) The number of persons, animals and vehicles anticipated to congregate at the assembly area and at the disbanding area will not unduly interfere with fire, police or emergency ambulance services to such areas or to locations contiguous thereto.
(6) The manner in which the proposed parade is to be conducted affords maximum protection against potential injury to persons and property.
(7) The proposed parade will move from its starting point to its termination point in an expeditious manner and without excessive or unnecessary stops.
(8) Prior to issuance of the permit, the applicant shall provide to the City Engineer satisfactory evidence of having obtained a policy of public liability insurance from a company authorized to transact business in the state of California. The policy of public liability insurance shall be maintained at all times the permit is in effect and shall:
(a) Be issued to the permittee and name the City, and its officers, agents and employees, as additional insureds;
(b) Indemnify against all liability for personal injury, death and damage to property arising from parade activities and operations conducted by the permittee pursuant to the permit;
(c) Provide combined single limit liability insurance in an amount not less than $1,000,000;
(d) Be noncancellable without 30 days’ prior written notice thereof directed to the City. (Ord. 900 § 1, 1990)
12.12.050 Alternate dates, times and routes.
If the conduct of the parade on the date, time and route as proposed by the applicant is determined by the City Engineer to be inconsistent or in conflict with compliance with any or all of the standards set forth in PMC 12.12.040(A), the City Engineer may recommend to the applicant an alternate date, time or route. Upon applicant’s written acceptance thereof, the City Engineer may further process the application and issue the permit. (Ord. 900 § 1, 1990)
12.12.060 Contents of permit.
A permit issued by the City Engineer pursuant to the provisions of this Chapter shall set forth the following:
(A) The permissible starting time;
(B) The minimum and maximum speeds of travel;
(C) The maximum distance to be maintained between units of the parade;
(D) The designated streets, parks or other public places within the City which may be utilized in connection with the parade;
(E) The maximum length of the parade in terms of miles or fractions thereof; and
(F) The responsibility of the permittee to pay all costs and expenses invoiced by the Sheriff’s Department, the Fire Department, and other City departments and agencies for services rendered in connection with the conduct and activities of the parade. (Ord. 1614 § 4 (Exh. I), 2023; Ord. 900 § 1, 1990)
12.12.070 Notification to other departments and agencies.
Following the issuance of a permit, the City Engineer shall notify the Sheriff’s Department, the Fire Department, and any other affected City departments and agencies. Each affected department or agency shall be responsible for invoicing and collecting from the permittee any costs or expenses incurred for services rendered in connection with the conduct and activities of the parade. (Ord. 900 § 1, 1990)
12.12.080 Notification of permit denial.
Within seven days after the filing of an application pursuant to this chapter, the City Engineer shall act thereon. If the City Engineer determines that a permit should not be issued, written notice shall be given to the applicant setting forth the reasons for such denial, consistent with the provisions of PMC 12.12.040(A). (Ord. 900 § 1, 1990)
12.12.090 Appeal from permit denial.
Within five days after notice of denial of a permit is given by the City Engineer, the applicant may appeal such determination to the administrative hearing officer appointed pursuant to Chapter 1.20 PMC. The appeal shall be in writing, shall state the legal and factual basis upon which the appeal is based, and shall be filed with the City Clerk to be set for hearing within 60 days of the date of the appeal. (Ord. 1322 § 7, 2007; Ord. 900 § 1, 1990)
12.12.100 Appeals hearings.
(A) Upon receipt of an appeal filed in the time and manner set forth in PMC § 12.12.090 (Appeal from permit denial), and receipt of the City Engineer’s determination and other relevant documents, the administrative hearing officer shall, as soon as may be practical, conduct a hearing and may thereafter take any of the following actions:
(1) Approve, reverse or modify the determination of the City Engineer; or
(2) Refer the matter back to the City Engineer with or without instructions;
(B) Action taken by the administrative hearing officer following a hearing on the appeal shall be deemed to be a final determination which shall become effective upon the issuance of a decision. (Ord. 1614 § 4 (Exh. I), 2023; Ord. 1322 § 8, 2007; Ord. 900 § 1, 1990)
12.12.110 Duties of the permittee.
(A) The permittee shall ensure that the individual having primary responsibility for the conduct of the parade is in personal possession of the permit, or a copy thereof, during the entire period of the parade.
(B) The permittee shall comply with all terms and conditions of the permit, all applicable laws and regulations of the state of California, and all applicable ordinances and regulations of the City. (Ord. 900 § 1, 1990)
12.12.120 Revocation of permit.
The City Engineer shall be authorized to revoke any permit previously issued under the provisions of this chapter under any of the following circumstances:
(A) Where a representative of the Sheriff’s Department or the Fire Department advises the City Engineer that, because of an unforeseen change in circumstances, the protection of the public health, welfare and safety requires such revocation; or
(B) Where a disaster, calamity, riot or other emergency situation affecting the public health, welfare and safety requires such revocation. (Ord. 900 § 1, 1990)
12.12.130 Waivers and exemptions.
No waiver of or exemption from any provision of this chapter shall be granted except upon application to and approval by the City Council. (Ord. 900 § 1, 1990)
12.12.140 Penalty for violation.
The violation of any provision of this Chapter shall be a misdemeanor punishable as provided in PMC Chapter 1.12 (Penalty Provisions). (Ord. 1614 § 4 (Exh. I), 2023; Ord. 900 § 1, 1990)