Chapter 12.10
PARADES AND ASSEMBLIES
Sections:
12.10.020 Permits and exemptions.
12.10.040 Applications and issuance.
12.10.050 Conditions and alternatives – Notices.
12.10.070 Violations – Penalties.
12.10.010 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
“Applicant” shall mean the person making the application and his, her or its sponsor.
“Assembly” shall mean any meeting, demonstration, picket line, rally, gathering of any kind or any similar activity, or a group of 25 or more persons, animals, or vehicles, or a combination thereof, having a common purpose, design, or goal, upon any public grounds in the City of Rio Dell, which assembly substantially inhibits the usual flow of pedestrian or vehicular traffic, or which occupies any public grounds other than a parade, as defined in this section.
“Chief of Police” shall mean the Chief of Police of Rio Dell, California.
“City” shall mean the City of Rio Dell, Humboldt County, California.
“Council” shall mean the City Council of the City of Rio Dell, Humboldt County, California.
“Loud noises” shall mean any loud, unnecessary or unusual noise, including but not limited to music or musical concerts created by musical instruments, or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, safety or peace and quiet of any neighborhood, or interferes with any person and the reasonable and comfortable enjoyment of life or property.
“Parade” shall mean any march, demonstration, procession, motorcade, ceremony, show, exhibition, pageant, promenade or procession of any kind, or any similar display consisting of persons, animals, or vehicles, or a combination thereof, having a common purpose, design, destination or goal, upon any public grounds in the City of Rio Dell.
“Person” shall include any person, firm, company, corporation, partnership, association, organization or entity.
“Public grounds” shall mean any public place, public area, public street, sidewalk, park, public facility or public area, any property owned by or under control of any local public agency, County of Humboldt, State of California agency or Federal agency located in the corporate limits of the City of Rio Dell, including but not limited to the river bank and river bar adjacent to and under the Eel River owned by or under the control of the City of Rio Dell. [Ord. 204 § 1, 1990.]
12.10.020 Permits and exemptions.
(1) Permits Required. No person shall conduct, manage or participate in any parade or assembly for which a written permit has not been issued by the Chief of Police in accordance with the provisions of this chapter.
(2) Permit Required for Use of Loudspeakers and Production of Loud Noises. No person shall use, operate or permit to be played, used or operated on any public grounds or privately owned property in the City of Rio Dell any loudspeaker, musical instrument or device, or electrical or mechanical device for producing or reproducing of sound between the hours of 9:00 p.m. and 9:00 a.m. in such a manner to be plainly audible at a distance of 50 feet from the building, structure, or location in which the loudspeaking device or musical instrument or device is located, unless a written permit has been issued by the Chief of Police in accordance with the provisions of this chapter. [Ord. 204 § 2, 1990.]
12.10.030 Prohibitions.
The following prohibitions shall apply to all parades, assemblies, or events described in this chapter:
(1) It shall be unlawful for any person to engage in any parade or assembly activity which would constitute a substantial hazard to the public safety or which would materially interfere with or endanger the public peace or rights of residents to the quiet, peaceful, and unmolested enjoyment of their property.
(2) It shall be unlawful for any person to carry or possess, while participating in any demonstration, rally, picket line, protest, parade, or assembly, any length of metal, lumber, wood, or wood lath, unless such object is of wood and is one-fourth inch or less in thickness and two inches or less in width, or, if not generally rectangular in shape, such object shall not exceed three-fourths inch in its thickest dimension.
(3) It shall be unlawful for any person to carry any sign, poster, plaque, or notice, whether or not mounted on a length of wood as specified in subsection (2) of this section, unless such sign, poster, plaque, or notice is constructed or made of a cloth, paper, or cardboard material. [Ord. 204 § 3, 1990.]
12.10.040 Applications and issuance.
(1) Issuing Authority. The issuing authority shall be the Chief of Police of the City of Rio Dell.
(2) Approving Authority. The approving authority shall be the Chief of Police. Disapproval by the approving authority shall constitute disapproval of the permit. The Chief of Police of the City of Rio Dell shall conduct an investigation and evaluation of the application relating to the nature of the proposed parade or assembly or production or reproduction of sound described in this chapter, considering:
(a) Whether the time, duration, route, and size of the parade or assembly will unreasonably disrupt the movement of traffic;
(b) Whether the parade or assembly is of a size and nature such that it would require the diversion of so great a number of police officers of the City to properly police the line of movement or assembly area and the areas contiguous thereto as to prevent reasonable police protection to the City;
(c) Whether the permittee has provided for the services of monitors to control the orderly conduct of the parade or assembly in conformity with such permit;
(d) Whether the permittee has provided reasonable means for informing all the persons participating therein of the terms and conditions of such permit;
(e) Whether the concentration of persons, animals, or vehicles, or a combination thereof, is such as to prevent proper police, fire, and ambulance services;
(f) Whether the parade will move from its assembly area to its disbanding area expeditiously or not without stopping en route except when reasonably required for the safe and orderly conduct of the parade;
(g) Whether the parade or assembly will interfere with another parade or assembly for which a permit has been granted;
(h) Whether the parade or assembly will result in harm to persons or property;
(i) Whether the parade or assembly will result in the production of garbage and refuse;
(j) Whether the parade or assembly will require cleanup of the area on which the parade or assembly takes place after the event;
(k) Whether the parade or assembly requires the supply of toilet facilities, including but not limited to portable toilet facilities for collection, storage, and removal of human waste;
(l) Whether or not the parade or assembly will subject the City of Rio Dell to liability for which applicant is required to provide liability insurance coverage, protecting the City of Rio Dell from any liability as the result of applicant’s parade or assembly; and
(m) Whether the parade or assembly, or use of loudspeakers in producing or reproducing sound, including music from musical instruments and/or concerts emanating from musical instruments or electrical or mechanical devices will cause a nuisance by the production of, making of, or continuing of, or causing to be made any loud, unnecessary or unusual noise, or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, safety, or peace and quiet of any neighborhood, or interferes with any person in the reasonable and comfortable enjoyment of life or property in the City of Rio Dell.
(3) Applications. Any person desiring to conduct a parade or assembly or produce or reproduce sound as described in this chapter shall make a written application to the Chief of Police at least 30 days in advance of the proposed parade or assembly. Such application shall include the following information:
(a) The name, address, and telephone number of the person requesting the permit;
(b) The name and address of any organization sponsor or group he or she is representing;
(c) The name, address, and telephone number of the person who will act as parade or assembly chairperson who will be responsible for the conduct of the parade or assembly;
(d) The number of monitors provided by the permittee and the identifying marks, badges, or symbols to be worn or used by such monitors;
(e) The purpose of the parade or assembly, the estimated number of persons to participate and to otherwise attend, and the number and types of vehicles and animals to participate;
(f) The method of notifying the participants of the terms and conditions of the permit prior to the parade or assembly;
(g) The date the assembly or parade is to be conducted and the hours the assembly or parade will commence and terminate;
(h) If a parade, the specific assembly and dispersal locations, the specific route, and the plans, if any, for assembly and dispersal;
(i) Whether any costumes, masks, or unusual attire will be worn;
(j) Whether any music will be provided, either live or recorded;
(k) The number, types, and locations of all loudspeakers and amplifying devices to be used; and
(l) The method by which the person or organization conducting the parade or assembly will clean up the garbage or refuse produced by the parade, assembly or event; and the method by which the person or organization conducting the parade or assembly will supply toilet facilities, including but not limited to portable toilet facilities for collection, storage, and removal of human waste; the method by which the person or organization responsible for the conduct of the parade or assembly shall protect adjoining or adjacent private property owner(s) from activities of the participants of the parade or assembly, including but not limited to the trespassing of participants of the parade assembly or activity on lands of private property owner(s) and/or the deposit of refuse, garbage or human waste on or upon the lands of private property owner(s) adjacent to the parade, assembly or event.
(4) Denial. The Chief of Police shall deny the application for the permit if any information supplied by the applicant is false or intentionally misleading, or if the Chief of Police, upon evaluation of the application, determines that the parade or assembly will endanger the public health, safety, and welfare by applying the criteria set forth in subsection (2) of this section, and if he determines that reasonable adjustments to the community traffic control, street and property maintenance, and police, fire, and ambulance protection would not alleviate such danger. Nothing in this chapter shall permit the Chief of Police to deny a permit based upon political or religious grounds or reasons. [Ord. 204 § 4, 1990.]
12.10.050 Conditions and alternatives – Notices.
(1) Notices. The Chief of Police, within 10 days after the receipt of the application, shall notify the applicant in writing delivered in person or by deposit in first class mail, postage prepaid, of notice in writing by the Chief of Police to the applicant of his decision to issue the permit, to issue it subject to conditions and/or alternatives pursuant to subsections (2) and/or (3) of this section, or to deny the application. Such notice shall further specify the reasons for any conditions, alternatives, or denial.
(2) Conditions. The Chief of Police, upon the issuance of the permit, shall impose such reasonable conditions as he deems necessary to protect the health, safety, and welfare of the community and the participants in such parade or assembly, including but not limited to the requirement that the person and sponsor applying for the permit sign a written agreement containing reasonable restrictions as the Chief of Police deems necessary, including but not limited to the following:
(a) A written agreement for the supply by the persons and sponsors applying for the permit to supply the portable toilet facilities for the collection, storage, and removal of human waste;
(b) A written agreement signed by the persons and sponsors applying for the permit providing for the cleanup of the parade or assembly area after the event;
(c) A written agreement signed by the person(s) and sponsor(s) applying for the permit for the collection and removal of garbage and refuse created by the parade or assembly or event;
(d) A written agreement signed by the person(s) and sponsor(s) applying for the permit for the supply of drinking water for the participants of the parade or assembly or event;
(e) A written agreement signed by the person(s) and sponsor(s) applying for the permit providing for the method or means by which the adjacent private property owner(s) will be protected from the activities of the persons participating in the parade, assembly or event; and
(f) A written agreement signed by applicant(s) (the persons and sponsors applying for the permit) providing for liability insurance, indemnity and cash deposit as follows:
(i) That during the term of the parade, assembly or event, applicant(s) shall, at their own cost and expense, maintain in full force and effect, a policy or policies of comprehensive public liability insurance, including property damage, written by one or more responsible insurance companies licensed to do business in the State of California that will insure applicant(s), their agents and employees against liability for injury to persons or property and for the death of any person or persons occurring in or about the corporate limits of the City of Rio Dell, Humboldt County, California, insuring applicant’s operations and activities conducted thereon. The coverage under such insurance shall be not less than $300,000 for any one person injured or killed, not less than $500,000 for any one occurrence, and not less than $100,000 for property damage, insuring against all liability of applicant(s) and applicant’s authorized representatives and/or third parties arising out of or in connection with applicant’s operations or activities in or about the corporate limits of the City of Rio Dell, Humboldt County, California. Applicant(s) shall provide the City with copies or certificates of all such policies, including in each instance an endorsement providing that such insurance shall not be cancelled except after 10 days’ written notice to the City. Applicant(s) shall keep in force the insurance specified in this section during the term of the parade, assembly, event and operations and activities connected therewith;
(ii) The City of Rio Dell, Humboldt County, California, its employees, officers and elected officials shall be named as additional insureds upon all policies of insurance required in this section and applicant(s) shall provide proof of co-insurance coverage to the City;
(iii) The City of Rio Dell, Humboldt County, California, its employees, officers and elected officials shall be free from any and all liability or liabilities and claims for damages or suits for or by reason of the death or injury to any person or persons or damages to property of any kind whatsoever, whether the person or property of applicant(s), its agents or employees, participants in activities, or third persons, from any cause or causes whatsoever while in, on, upon, or within the corporate limits of the City of Rio Dell, or any part thereof, during the term of the parade, assembly or event, occasion, operation or activity carried on by applicant(s) and third parties under the provisions herein; and applicant hereby covenants and agrees to indemnify and hold harmless the City of Rio Dell, its employees, officers and elected officials from all liabilities, charges, expenses, attorneys’ fees and costs on account of or by reason of any such death or injury to any person or persons, or damage to any property, or injuries, liabilities, claims, suits or losses of any kind arising in any manner by reason of applicant’s operations and activities carried on in or about the corporate limits of the City of Rio Dell or any part thereof by the applicant, by any participant or by third parties as a result of the permit issued by the Chief of Police of the City of Rio Dell to the applicant under this chapter;
(g) A written agreement signed by the applicant(s) providing for a cash deposit in a reasonable amount to be determined in the opinion of the Chief of Police to be paid to and deposited with the City of Rio Dell prior to the commencement of applicant’s parade, assembly or event as and for a performance guarantee to insure that applicant(s) shall faithfully perform the terms, provisions and conditions of applicant’s written agreements made in connection with the permit issued by the Chief of Police made in compliance with this chapter. The cash security deposit required and made herein shall be available to the City for the default of any of the applicant’s written agreements made in connection with the application for parade, assembly or event, including but not limited to cleanup and collection of garbage or refuse created by the parade, assembly or event, and damages for any injuries caused by applicant, its participants or third parties in connection with the parade, assembly or event to the property of others, including but not limited to private property owners in the corporate City limits of the City of Rio Dell and any other person or persons. The City of Rio Dell shall return the cash deposit to the applicant(s) within a reasonable time after the conclusion of the parade, assembly or event on determination by the City of Rio Dell that the applicant(s) faithfully performed all of the terms and conditions set forth in the written agreements made pursuant to the applicant’s permit issued under the provisions of this chapter;
(h) A written agreement signed by the person(s) and sponsor(s) applying for the permit for all other conditions imposed by the Chief of Police as he deems necessary to protect the health, safety and welfare of the community and the participants of such parade, assembly or event.
The Chief of Police shall deny the application if the persons and sponsors making the application do not sign an agreement in writing prepared by the Chief of Police containing the conditions required for the parade, assembly or event set forth in this section.
(3) Alternatives. The Chief of Police shall notify the applicant of alternate times, places, manner, or duration for the conduct of the parade, assembly or event if the Chief of Police can reasonably do so and if the application as submitted is denied. [Ord. 204 § 5, 1990.]
12.10.060 Appeals.
The granting or denial of a permit or the conditions or alternatives imposed in granting a permit by the Chief of Police pursuant to the provisions of this chapter may be appealed to the Council by the applicant, permittee, or any person affected thereby. Such appeal shall be in writing and shall be filed with the City Clerk within 48 hours after the receipt of the decision of the Chief of Police. The Council shall act upon the appeal at the next special or regularly scheduled Council meeting held more than three days and less than 10 days after the filing of the appeal. If no such meeting is scheduled or if a regularly scheduled meeting is not held within such time, the Mayor shall call a special Council meeting to consider and act upon such appeal within 10 days after the filing of such appeal. [Ord. 204 § 6, 1990.]
12.10.070 Violations – Penalties.
Any violation or failure to comply with any provision of this chapter, other than as it pertains to a duty to be performed by any City official or employee, shall constitute a misdemeanor. Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not exceeding $500.00, or by imprisonment in the County Jail of the County of Humboldt, State of California, for not more than six months, or by both fine and imprisonment. [Ord. 204 § 7, 1990.]