Chapter 10.42
FUNERAL PROCESSIONS
Sections:
10.42.020 Funeral procession definition.
10.42.030 Permit required for private funeral escorts.
10.42.040 Rules governing funeral procedures.
10.42.050 Authorized traffic direction.
10.42.080 Permit application procedures.
10.42.090 Nontransferability of permits and expiration.
10.42.100 Permit fee schedule.
10.42.110 Fee exemption for volunteers.
10.42.120 Permit renewal procedures.
10.42.130 Denial, suspension, or revocation of permit.
10.42.140 Notice of decision to deny, suspend, or revoke permit.
10.42.150 Procedure for hearing before the chief of police.
10.42.160 Decision of the chief of police after hearing.
10.42.180 Liability insurance.
10.42.190 Traffic safety instruction program.
10.42.200 Private processions must obey traffic laws.
10.42.010 Purpose.
Local authorities may adopt rules and regulations by ordinance or resolution to regulate traffic at such locations that may require traffic directions for orderly traffic flow. It is the purpose of this chapter to use the power conferred on the city pursuant to California Vehicle Code Section 21100(e) to appoint persons other than traffic officers to direct and regulate traffic for a funeral procession. (Ord. 793 (part), 2016).
10.42.020 Funeral procession definition.
“Funeral procession” means a group of two or more vehicles traveling in line from a funeral service whether that funeral service is held at a place of worship or another location, to a transportation facility, cemetery, or crematory.
“Permittee” means the person to whom a funeral escort permit is issued. (Ord. 793 (part), 2016).
10.42.030 Permit required for private funeral escorts.
Motor vehicle funeral processions may be led or escorted by private escorts within the city in accordance with the requirements of this chapter. No person shall stop, obstruct, or otherwise direct traffic in intersections while leading or escorting a motor vehicle funeral procession without first obtaining a valid funeral escort permit pursuant to this chapter. (Ord. 793 (part), 2016).
10.42.040 Rules governing funeral procedures.
A. Each vehicle participating in a funeral procession shall be operated with its headlights and, if so equipped, its emergency flashers turned on.
B. No operator of any vehicle shall drive between the vehicles comprising a funeral procession; provided, that vehicles comprising such procession are conspicuously so designated by having their headlights and, if so equipped, emergency flashers turned on.
C. The directing of all vehicles and traffic on any street over which such funeral procession or parade wishes to pass shall be subject to rules and regulations promulgated by the police department. (Ord. 793 (part), 2016).
10.42.050 Authorized traffic direction.
A. Any person holding a valid funeral escort permit pursuant to this chapter and leading or otherwise escorting a motor vehicle funeral procession shall obey all traffic laws, including all speed laws, except that such person is authorized to stop cross traffic, to enable all vehicles in the funeral procession to proceed together as an unbroken chain, at an intersection controlled by:
1. Stop signs or yield signs, providing that the permittee remains in the intersection until all funeral procession vehicles have cleared the intersection; and
2. Signal lights, providing that the lead vehicle in the procession enters the intersection with a green light and the permittee remains in the intersection at all times when the light is not green until all funeral procession vehicles have cleared the intersection.
B. A permittee is authorized to direct traffic in the manner specified in this section only while using any equipment authorized by the chief of police for this purpose and while carrying a valid funeral escort permit on the permittee’s person.
C. The chief of police may order the immediate suspension or revocation of a funeral escort permit if the permittee has not directed traffic in the manner specified in this section. (Ord. 793 (part), 2016).
10.42.060 Official insignia.
The chief of police shall approve an official insignia and any equipment, which shall be used by all permittees while directing traffic in the manner specified in Section 10.42.050. The chief of police shall also approve vehicular equipment regulations including a color or insignia scheme. (Ord. 793 (part), 2016).
10.42.070 Regulations.
A. The chief of police may prepare and issue written regulations for distribution to applicants and permittees regarding the implementation of the provisions of this chapter, including, but not limited to, the safe and lawful conduct of funeral escort services, and the maintenance of insignia, motor vehicles, and equipment used in escorting funeral processions.
B. Such regulations shall be binding upon applicants and permittees. Permittees shall comply with these written regulations as a term and condition of the permit. (Ord. 793 (part), 2016).
10.42.080 Permit application procedures.
A. Applications for a funeral escort permit shall be filed with the chief of police on forms provided by the chief of police and shall contain or be accompanied by the following:
1. Name and address of applicant, and the applicant’s funeral escort service employer if the applicant is employed by such a service;
2. Proof of liability insurance in compliance with this chapter;
3. Proof that the applicant holds a valid California driver’s license that is properly endorsed for the type of vehicle the applicant intends to use while directing vehicular funeral processions;
4. Proof of satisfactory completion of a traffic safety program of instruction, as described in Section 10.42.190;
5. Proof that the vehicle to be used in the course of conducting escorts has been inspected by the police department to ensure that it meets the equipment and safety requirements as set forth by the police department;
6. An indemnification and hold harmless agreement as set forth in Section 10.42.170 signed by the applicant and if the applicant is employed by a funeral service escort provider, the applicant’s funeral escort service employer;
7. Permit and insignia fees, as established by resolution of the city council;
8. Such other information as may be required by the chief of police.
B. If all the requirements for approval of a funeral escort permit are met, then the chief of police shall issue a permit within fourteen days of submission of the completed application. (Ord. 793 (part), 2016).
10.42.090 Nontransferability of permits and expiration.
Funeral escort permits shall be issued by the chief of police, or authorized designee, in the names of individual persons actually conducting such escorts and shall expire two years from the date of issuance. Permits shall not be transferable or assignable. (Ord. 793 (part), 2016).
10.42.100 Permit fee schedule.
At the beginning of each fiscal year, the chief of police shall prepare a funeral escort permit fee schedule, to be approved by the city manager, which sets forth the charges for all city services required to be utilized in connection with any funeral escort permitting services. (Ord. 793 (part), 2016).
10.42.110 Fee exemption for volunteers.
Funeral escort permit applicants who will provide funeral procession escort services on a volunteer basis are exempt from paying the permit and insignia fees, as established by resolution of the city council. (Ord. 793 (part), 2016).
10.42.120 Permit renewal procedures.
A permittee seeking renewal of his or her funeral escort permit shall meet all the requirements of this chapter applicable to a first time applicant in order to obtain a renewal of the funeral escort permit. (Ord. 793 (part), 2016).
10.42.130 Denial, suspension, or revocation of permit.
Funeral escort permits issued pursuant to this chapter may be denied, suspended, or revoked by the chief of police upon any of the following grounds:
A. The application is incomplete or illegible;
B. The applicant has knowingly made false statements on the application;
C. The applicant has been convicted of a crime, and the time for appeal has elapsed; provided, however, that the permit may be denied upon this ground only if the crime is substantially related to the qualification, functions, or duties associated with the operating of motor vehicles or with leading or otherwise escorting a motor vehicle funeral procession;
D. Failure to meet any of the requirements of this chapter;
E. The applicant’s unlawful or negligent operation of a motor vehicle during the three years prior to the date of application;
F. The applicant’s unlawful or negligent direction of traffic while escorting a vehicular funeral procession or other motor vehicle procession. (Ord. 793 (part), 2016).
10.42.140 Notice of decision to deny, suspend, or revoke permit.
A. Upon determining the existence of any of the grounds for denial, suspension, or revocation in accordance with Section 10.42.130, the chief of police shall issue a notice of decision to deny, suspend, or revoke the permit. The notice of decision shall state the grounds and reasons upon which the denial, suspension, or revocation is based.
B. The notice of decision shall be mailed to the applicant or permittee at the address stated on the application or permit. Alternatively, the notice of decision may be hand-delivered to the applicant or permittee or to the address given in the application or permit.
C. The notice of decision shall advise that the denial, suspension, or revocation shall become final unless the applicant or permittee files a written request for hearing before the chief of police within the time period specified in Section 10.42.150. (Ord. 793 (part), 2016).
10.42.150 Procedure for hearing before the chief of police.
The written request for a hearing before the chief of police must be received by the chief of police, or authorized designee, within ten days of the date of mailing the notice of decision to deny, suspend, or revoke the permit. The chief of police, or authorized designee, shall schedule a hearing, which shall be held no later than thirty days after receipt of a timely request for hearing. The notice of hearing shall be mailed to the applicant or permittee not later than ten days prior to the scheduled date of the hearing. At the hearing before the chief of police, the applicant or permittee shall be given the opportunity to present witnesses and documentary evidence and to cross-examine witnesses. The hearing will be conducted informally, and the technical rules of evidence shall not apply. Any and all other evidence, which the chief of police deems reliable, relevant, and not unduly repetitious, may be considered. The applicant or permittee may be represented by another person. (Ord. 793 (part), 2016).
10.42.160 Decision of the chief of police after hearing.
Within twenty days after the hearing, the chief of police, or authorized designee, shall mail a written decision sustaining, reversing, or modifying his or her initial decision to the applicant or permittee at the address stated in the application or permit. The decision of the chief of police after the hearing shall be final. (Ord. 793 (part), 2016).
10.42.170 Indemnification.
A. The funeral procession escort permittee on a form acceptable to and approved by the city attorney shall assume all risk associated with the activity of escorting funeral processions and agrees not to sue the city, its elected and appointed councils, boards, commissions, officers, officials, volunteers, agents, employees and representatives for loss or damages suffered by the funeral escort permittee, its agents or successors, arising out of or in connection with any funeral procession escort services conducted by the funeral procession escort permittee or claims by the funeral procession escort permittee or any other person or persons for personal injuries or property damage arising out of or incidental to the funeral procession escort services.
B. In the event that a person or entity brings a claim, action, or proceeding that arises from the funeral procession escort services or any work performed in conjunction with the funeral procession escort services, the funeral procession escort permittee will indemnify, defend and hold harmless the city, its elected and appointed councils, boards, commissions, officers, officials, volunteers, agents, employees and representatives from and against any and all claims, demands, costs, expenses of whatever nature, including court costs, attorney fees, and expenses of litigation awarded to the prevailing party or parties. The city may elect to tender its own defense to any action and receive reimbursement from the funeral procession escort permittee for any costs or expenses it accrues as a result of that defense. (Ord. 793 (part), 2016).
10.42.180 Liability insurance.
A. Insurance shall be in amounts, form, and insurers acceptable to city attorney, but shall have the following minimum requirements.
B. During the term of a permit issued pursuant to this chapter, the permittee or his or her funeral escort service employer, should permittee be employed by such a funeral service provider, shall maintain in full force and effect at the permittee’s or his or her employer’s own cost a comprehensive auto and general liability insurance policy:
1. In an amount not less than two million dollars single limit per occurrence; and
2. Issued by an admitted insurer or insurers as defined by the California Insurance Code; and
3. Providing that this city, its officers, employees and agents are to be named as insureds under the policy; and
4. Covering all losses and damages as specified in Section 10.42.170; and
5. Stipulating that the policy will operate as primary insurance and that no other insurance effected by the city or other named insured will be called on to contribute to a loss covered thereunder; and
6. Providing that no cancellation, change in coverage or expiration by the insurance company or the insured shall occur during the term of the funeral escort service permit, without thirty days’ written notice to the city prior to the effective date of such cancellation or change in coverage.
C. In the event of failure of any permittee to maintain in effect the required insurance policy or policies, the funeral escort permit shall be considered to be suspended as a matter of law from the date of cancellation or a lapse of the required insurance. The chief of police may reinstate the permit when the suspended permittee provides the city with proof of insurance as required by this section. (Ord. 793 (part), 2016).
10.42.190 Traffic safety instruction program.
Each applicant for funeral escort permit shall submit to the chief of police evidence of satisfactory completion of an instructional program of traffic safety. Evidence of successful completion of an instructional program for traffic safety shall include, but not be limited to, instructional materials received by the applicant from the program, test scores, and grades received by the applicant. The chief of police shall review and approve each submitted instructional program if the chief of police reasonably believes that the program provides the applicant with sufficient training to safely direct traffic. (Ord. 793 (part), 2016).
10.42.200 Private processions must obey traffic laws.
Persons participating in private funeral processions or other processions within the city without police escort must obey all state and city traffic laws, except as specifically authorized by this chapter. (Ord. 793 (part), 2016).