Chapter 5-2
REGULATION OF PARADES AND SPECIAL EVENTS
Sections:
5-2-01 Obstructing passenger travel.
5-2-04 Applications for permits.
5-2-05 Insurance requirements.
5-2-13 Officials to be notified.
5-2-14 Interference with parades.
5-2-01 Obstructing passenger travel.
It shall be unlawful for any person or group of persons to stand or sit in or upon any public street, alley, sidewalk, or crosswalk in the City so as in any manner to hinder or obstruct the free passage therein of persons passing along the same, or to stand in or at the entrance of any church, hall, theater, or any place of public assemblage so as in any manner to obstruct its entrance.
(1267-CS, Amended, 01/09/2020)
5-2-02 Permits required.
It shall be unlawful for any person to hold, manage, conduct, aid, participate in, form, start, or carry on any parade, march, ceremony, show, exhibition, pageant, or procession of any kind or any other similar display, or to cause or permit the same, upon any public street, alley, park, or any other public grounds in the City unless there has first been obtained from the Parks, Recreation and Public Facilities Department a permit to do so, and such permit shall be carried by the person heading or leading such activity.
(1267-CS, Amended, 01/09/2020)
5-2-03 Exceptions.
The provisions of this chapter shall not apply to:
(a) Funeral processions;
(b) Students of 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; and
(c) Governmental agencies within the scope of their functions.
(1267-CS, Amended, 01/09/2020)
5-2-04 Applications for permits.
Any person desiring to conduct or manage a parade and/or special event shall, not less than ninety (90) days nor more than eleven (11) months before the date on which it is proposed to conduct such event, file with the Parks, Recreation and Public Facilities Department a verified application, on a form furnished by the Parks, Recreation and Public Facilities Department, setting forth the following information:
(a) The name of the person and/or organization wishing to conduct such parade/event;
(b) If the parade/event 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 of the authorized and responsible head of such organization;
(c) The name, address, and telephone number of the person who will be the parade/event chairman and responsible for its conduct;
(d) The date when such parade/event is to be conducted;
(e) The route to be traveled, the starting point, and the termination point and/or the stationary location to be used for the entire event;
(f) The approximate number of persons who, and animals and vehicles which, will constitute such parade/event; the type of animals; and a general description of the vehicles;
(g) The time when such parade/event will start and terminate;
(h) The location by streets of any assembly area or areas for such parade/event; and
(i) Each application must be accompanied by a signed indemnification, defense, and hold harmless agreement.
(j) Application fees, as well as refundable deposit, must be paid at time of application submission.
(1267-CS, Amended, 01/09/2020)
5-2-05 Insurance requirements.
The applicant for a special event permit shall procure and maintain for the duration of the parade/event such insurance in the forms, types and amount as may be prescribed by the risk manager. The applicant shall request the Parks, Recreation and Public Facilities Department representative obtain the prior insurance liability limits from the risk manager prior to submitting the application, and shall submit adequate proof of insurance consistent therewith the application.
(1267-CS, Amended, 01/09/2020)
5-2-06 Indemnification.
The applicant shall agree in writing to comply with the terms and conditions of the special event permit, which shall include an agreement to indemnify the city in a form approved by the City Attorney.
(1267-CS, Amended, 01/09/2020)
5-2-07 Issuance of permits.
(a) The Parks, Recreation and Public Facilities Department shall issue a permit as provided for in this chapter when:
(1) Applicant has paid all application fees;
(2) Applicant has provided proof of an insurance policy along with an additional insured endorsement naming the City of Turlock, its elective and appointive boards, officers, agents, employees and volunteers as additionally insured as per TMC 5-2-05;
(3) Applicant has agreed in writing to pay all estimated and actual costs associated with the parade/event;
(4) Applicant has signed an indemnification, defense and hold harmless agreement as per TMC 5-2-06;
(b) Beyond these requirements it must also be found from a consideration of the application by the Special Events Committee and/or approval by the City of Turlock City Council and from such other information as may otherwise be obtained, that:
(1) The conduct of such parade/event will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route;
(2) The conduct of such parade/event will not require the diversion of so great a number of police officers of the City to properly police the line of movement, and the areas contiguous thereto, as to prevent normal police protection to the City;
(3) The concentration of persons, animals, and vehicles at assembly points of the parade/event will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such assembly areas;
(4) The conduct of such parade/event will not unduly interfere with the movement of fire-fighting equipment en route to a fire or other emergency equipment;
(5) The conduct of such parade/event is not reasonably likely to cause injuries to persons or property or to provoke disorderly conduct or create a disturbance; and
(6) Such parade/event is not to be held for the sole purpose of advertising the goods, wares, or merchandise of a particular business establishment or vendor; provided, however, the provisions of this subsection shall not prohibit a parade/event held for the purpose of promoting or publicizing a commercial or trade event of a general nature.
(1267-CS, Amended, 01/09/2020. Formerly 5-2-05)
5-2-08 Terms of permits.
The permit to be issued by the Parks, Recreation and Public Facilities Department shall prescribe the following:
(a) The name of the person or organization wishing to conduct such parade/event;
(b) The name and telephone number of the person who will be the parade/event chairman and be responsible for its conduct;
(c) The date when such parade/event is to be conducted;
(d) The time when such parade/event will start and terminate.
(1267-CS, Amended, 01/09/2020. Formerly 5-2-06)
5-2-09 Notices of rejection.
The Parks, Recreation and Public Facilities Department shall act upon the application for a parade and/or special event permit within five (5) business days after the filing thereof. The approval process may take up to thirty (30) business days from time of application, pending Council approval. If the Parks, Recreation and Public Facilities Department does not approve the application, a representative will contact the applicant stating the reason(s) for the denial of the permit. Such notice shall be emailed to the applicant at the email address as given in the application for the parade/event permit.
(1267-CS, Amended, 01/09/2020. Formerly 5-2-07)
5-2-10 Appeals.
Any person who has been denied a permit by the Parks, Recreation and Public Facilities Department may appeal as provided by Chapter 1-4 TMC.
(1267-CS, Amended, 01/09/2020; 866-CS, Amended, 02/09/1995. Formerly 5-2-08)
5-2-11 Alternative permits.
The Parks, Recreation and Public Facilities Department, in denying an application, may authorize the conduct of such parade/event on a date, at a time, at a location or by a route different from that named by the applicant, and, if the applicant desires to accept proposed date, time, and route, he shall, within two (2) business days after notice of the action of the Parks, Recreation and Public Facilities Department, respond with notice of acceptance with the Parks, Recreation and Public Facilities Department representative. The Parks, Recreation and Public Facilities Department shall thereupon obtain further approval from the Special Event Committee and/or City of Turlock City Council and issue a permit. Such permit shall conform to the requirements of this chapter.
(1267-CS, Amended, 01/09/2020. Formerly 5-2-09)
5-2-12 Late applications.
The Parks, Recreation and Public Facilities Department shall have the authority, in its discretion, to consider any application for a permit to conduct a parade/event which is filed less than ninety (90) days before the date such parade/event is proposed to be conducted. A late fee will be applied. Late fee may be waived at the Parks, Recreation and Public Facilities Director’s discretion.
(1267-CS, Amended, 01/09/2020. Formerly 5-2-10)
5-2-13 Officials to be notified.
Immediately upon the accepting a parade permit, the Parks, Recreation and Public Facilities Department shall send a copy thereof to the following:
(a) The Fire Marshal;
(b) The Police Chief and/or designee;
(c) The Municipal Services Director and/or designee;
(d) The Planning Director and/or designee; and
(e) Any public transportation or other utility, the regular routes of whose vehicles will be affected by the route of the proposed parade.
(f) All parade(s)/event(s) will be subject to public notification, a public hearing and/or Council determination.
(1267-CS, Amended, 01/09/2020. Formerly 5-2-11)
5-2-14 Interference with parades.
No person shall, without the consent of the permittee, join or participate in a parade/event nor in any manner interfere with its progress or orderly conduct.
(1267-CS, Amended, 01/09/2020. Formerly 5-2-12)