Agoura Hills Municipal Code Ch. 3 Parades

Parade means any march, pageant, review, ceremony, race, bike ride or procession consisting of persons, animals or vehicles, or combination thereof, upon any public street, sidewalk, alley, park, way or other public place so as to impede, obstruct, impair or interfere with the ordinary use of such public street, sidewalk, alley, park, way, public place or public property.

(Ord. No. 164, § 1, 9-13-89)

No person shall engage in, participate in, aid, form, conduct or start any parade in or upon any street, park, or other public place in the city unless a permit for such parade shall have been first obtained from the city.

(Ord. No. 164, § 1, 9-13-89)

No person shall knowingly join or participate in any parade conducted under permit from the city, in violation of any of the terms of said permit, nor knowingly join or participate in any permitted parade without the consent and over the objection of the permittee, nor in any manner interfere with its progress or orderly conduct.

(Ord. No. 164, § 1, 9-13-89)

A person seeking issuance of a permit pursuant to this chapter shall file an application with the department of planning and community development on forms supplied by the city. The application shall be filed not less than fifteen (15) days nor more than sixty (60) days before the proposed day of the parade. The applicant shall set forth the following information:

(a) The name, address and telephone number of the person or persons seeking to conduct the parade;

(b) The name, address and telephone number of the headquarters of the organization, if any, and of the organizer or responsible head of such organization by whom or on whose behalf the parade is proposed to be conducted;

(c) The name, address and telephone number of the person who will chair the parade and who will be responsible for its conduct;

(d) The location and date of the proposed parade, including the assembly area, disbanding area, and the route to be traveled;

(e) The approximate number of persons who will be participating in or observing the parade;

(f) The hours when the parade will start and conclude; and

(g) Any additional information which the director of planning and community development finds reasonably necessary to determine whether a permit should issue.

(Ord. No. 164, § 1, 9-13-89)

(a) Procedure.

(1) Applications for parade permits shall be submitted to the department of planning and community development. Upon receipt of a completed application, the department shall refer the application to the sheriff's department for investigation and report. The investigation and report shall be completed and transmitted to the department of planning and community development within three (3) days of the filing of the application unless the applicant requests or consents to an extension of the time period.

(2) The director shall approve or disapprove the application within two (2) days of receipt of the sheriff's department report but in no event later than five (5) days after receipt of a completed application.

(3) A nonrefundable application fee in the amount set by resolution of the city council shall accompany all applications.

(b) Deposit of cleanup and security fees. In addition to the parade fee, after the permit is issued and at least five (5) days prior to the parade, the permit holder shall pay a deposit of the estimated cost the city will incur in connection with the parade, including, but not limited to, traffic control and police security, cleanup, restoration of public facilities, and rental of barricades and equipment. The actual costs shall be charged against the deposit. Any balance remaining shall be returned to the applicant. Any balance owing will be payable by the applicant on demand.

(c) Insurance. Five (5) days prior to the parade, the permit holder shall file a correct insurance certificate establishing that the applicant has purchased adequate public liability insurance to protect against loss from liability imposed by law for damages on account of bodily injury and property damage arising from the parade with the planning department. The policy shall be primary and not contributing to any other insurance maintained by the city; it shall name the City of Agoura Hills, its officers, agents and employees as additional insureds; its liability amount shall be a minimum of one million dollars ($1,000,000.00); it shall not bear a deductible greater than five thousand dollars ($5,000.00) per occurrence; it shall be approved by an insurer satisfactory to the City of Agoura Hills; and it shall provide the director thirty (30) days' prior notice of any cancellation or modification of the policy. The thirty-day notice of cancellation requirement shall be waived where the applicant can demonstrate proof that the premium for the insurance policy required herein has been paid for the time period during which the parade is scheduled. The applicant must maintain insurance for the duration of the parade.

(Ord. No. 164, § 1, 9-13-89)

(a) Parades involving first amendment activities. The director, or council on appeal, shall issue a permit for a parade involving first amendment activities unless either finds:

(1) That the public facilities desired to be utilized have been reserved for another use at the day and hour requested in the application.

(2) That the proposed location is physically unsuitable for the size of the proposed activity so as to constitute a public safety hazard, or the time set for the proposed activity would substantially interfere with the normal and ordinary use of the proposed route for the parade so as to constitute a traffic safety problem.

(b) Parades not involving first amendment activities. The director, or council on appeal, shall issue a permit for a parade not involving first amendment activities unless either finds:

(1) That the proposed activity will unreasonably interfere with or detract from the general public enjoyment of the place where the activity is proposed to be located;

(2) That the proposed activity will require an excessive diversion of law enforcement personnel such that other areas of the city will not be provided with adequate police protection;

(3) That the proposed activity, by virtue of its proposed size, volume, infrastructure or organization constitutes a public safety problem;

(4) That the permitting of the proposed activity, in light of the number of events already permitted and scheduled within the city, will overburden the city's capacity for providing traffic control, cleanup, police security, and for overseeing the restoration of public facilities;

(5) That the permitting of the proposed activity will cause excessive interference with the normal use of the neighborhood in which it is to be located; and

(6) That the public facilities desired to be utilized have been reserved for another use at the day and hour requested in the application.

(Ord. No. 164, § 1, 9-13-89)

The director, or council on appeal, in denying an application for a parade permit, may authorize the proposed event or parade on a date, at a time, or at a location different from that requested on the application, or may otherwise condition approval so to avoid any circumstances giving rise to a denial under section 7306.

(Ord. No. 164, § 1, 9-13-89)

(a) The applicant shall have the right to appeal the denial of a permit or the imposition of a permit condition. The applicant shall also have the right to appeal the amount of fees, or cleanup deposits imposed pursuant to section 7305, or a determination by the city that the applicant's insurance policy does not comply with the requirements specified in section 7305(c). A notice of appeal shall be filed with the director within five (5) days after mailing or personal delivery of a notice of denial or permit condition. The notice shall specifically set forth the grounds for the appeal. The appeal must be filed no later than noon, one (1) calendar week preceding a city council meeting, to be placed on the next regular meeting's agenda. The council shall hear the applicant or a designated representative, receive any relevant information and documents, and act on the appeal at its next regular meeting. The decision of the council shall be final.

(b) If there is insufficient time for a timely appeal to be heard by the council prior to the date on which the event is scheduled, the applicant may, at his or her option, request that the appeal be heard by the director or the director's designee. The director or designee shall hold a hearing no later than two (2) business days after the filing of the appeal, and will render his decision no later than one (1) business day after hearing the appeal. If the appeal is heard before the director or designee, his or her decision shall be final.

(Ord. No. 164, § 1, 9-13-89)

In each permit, the director, or council on appeal, shall set forth the following information and conditions where applicable:

(1) The name, address and phone number of the person to whom the permit is issued;

(2) The names, addresses and telephone numbers of the sponsoring organization, if any;

(3) The date for which the parade is scheduled;

(4) The name, address and phone number of the chairman of the parade;

(5) The assembly area for the parade;

(6) The starting time for the parade;

(7) The minimum and maximum speeds at which the parade is to progress, if applicable;

(8) The route which the parade will take (map of route to be attached); and

(9) The portions of the public streets, sidewalks or other public property to be traversed by the parade [or] which may be occupied by such parade;

(10) The maximum number of platoons or units in the parade and the maximum and minimum interval of space to be maintained between the units of such parade;

(11) The maximum length of such parade in miles or fractions thereof;

(12) The disbanding area for the parade and the disbanding time;

(13) The number of persons required to monitor the parade;

(14) The number and type of vehicles in the parade, if any;

(15) The material and maximum size of any sign, banner, placard or carrying device therefor;

(16) That permittee advise all participants in the parade, by written notice, of the terms and conditions of the permit, prior to the commencement of such parade;

(17) That the amplification of sound permitted to be emitted from sound trucks, or bull horns, be fixed and not variable at a level which is not unreasonably loud;

(18) That the parade continue to move at a fixed rate of speed and that any willful delay or willful stopping of said parade, except when reasonably required for the safe orderly conduct of the parade, shall constitute a violation of the parade permit;

(19) Such other requirements as are found by the director or the city council to be reasonably necessary for the protection of persons or property.

All conditions of the permit shall be complied with.

(Ord. No. 164, § 1, 9-13-89)

Immediately upon the granting of a parade permit, the planning department shall send a copy thereof to the following:

(1) Fire department;

(2) Director of the local emergency hospital;

(3) Sheriff's department;

(4) Director of public utilities;

(5) Director of public works;

(6) Postmaster of the Agoura Hills Post Office;

(7) General manager or responsible head of each public transportation utility, the regular routes of whose vehicles will be affected by the route of the proposed parade;

(8) Health officer regarding animals and foods; and

(9) Any other person or entity deemed necessary to be notified by the planning department.

(Ord. No. 164, § 1, 9-13-89)

(a) Upon showing of good cause, the director shall consider an application which is filed after the filing deadline if there is sufficient time to process and investigate the application and obtain police services for the event. The applicant can demonstrate good cause by showing that the circumstances which gave rise to the permit application did not reasonably allow the participants to file within the time prescribed, and that the event is for the purpose of First Amendment expression.

(b) Upon showing that the parade is for the purpose of exercising First Amendment expression, and that the fees and cost of traffic control and insurance are so financially burdensome that they would constitute an unreasonable burden on the right of First Amendment expression, the director, or the city council on appeal, will waive or decrease the fees and costs as necessary.

(Ord. No. 164, § 1, 9-13-89)

No permit shall be issued authorizing the conduct of a parade which the director, or city council on appeal, finds is proposed to be held for the sole purpose of advertising any product, goods, wares, merchandise, or event, and is designed to be held purely for private profit.

(Ord. No. 164, § 1, 9-13-89)

Any permit for a parade issued hereunder may be summarily revoked by the city council at any time when by reason of disaster, public calamity or other emergency, the city council determines that the safety of persons or property demands such revocation. Notice of any meeting of the city council for such purpose shall be given to applicant in the same manner as the members of the city council are notified.

(Ord. No. 164, § 1, 9-13-89)

Willful violation of any of the terms or conditions of the parade permit by the permittee or any participant in said parade is a misdemeanor.

(Ord. No. 164, § 1, 9-13-89)

If any section, subsection, sentence, clause, phrase, or portion of this chapter, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter or its application to other persons. The city council hereby declares that it would have adopted this chapter and each section, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses, phrases, or portions, or the application thereof to any person, be declared invalid or unconstitutional.

(Ord. No. 164, § 1, 9-13-89)