Alameda Municipal Code § 5-29 Parades, Athletic Events and Public Assemblies

The purpose of this section is to regulate parades, athletic events and public assemblies occurring on or within a public street, parking facility, sidewalk or other public right-of-way which obstruct, delay or otherwise interfere with the normal flow of vehicular or pedestrian traffic, or which do not comply with applicable traffic laws or controls.

(Ord. No. 2699 N.S. 2)

As used in this section:

Appeal Body shall mean either the City Council or an independent hearing officer selected by the City Attorney or his/her designee. The City Attorney or his/her designee determines which Appeal Body shall act in a given case based upon the time available to set a hearing date.

Athletic event shall mean an event in which a group of persons collectively engage in a sport or form of physical exercise on or within the public right-of-way. The term "athletic event" includes, but is not limited to, jogging, running, racing, bicycling, rollerblading, and roller skating. It does not include a group of people participating in a parade or public assembly.

City Manager shall mean the City Manager or his/her designee.

Contemporaneous public event or decision shall mean a public occurrence or decision happening at the time and in the response to which a parade is planned.

Event shall mean a parade, athletic event or public assembly.

Free speech event shall mean an event at which the expression of free speech rights is a reason for or purpose of the event. "Free speech rights" means expressive activity protected by the United States or California Constitution. (United States Constitution, First Amendment; California Constitution, Article 1, Section 2.)

Notify in writing shall mean providing written notification by first class mail, personal delivery, telegram or facsimile. If a notification is provided by first class mail, it shall be deemed received on the fifth day after deposit in the U.S. mail. If notification is made by personal delivery or by telegram, it shall be deemed received when the records of the process server, telegram company employee or other person effecting the delivery indicate that a completed delivery was made. If a notification is made by facsimile, it shall be deemed received when the transcript of a completed delivery printed by the facsimile machine used to make the transmission reports that the connection was completed.

Parade shall mean an organized march, procession, pageant, review, ceremony or exhibition of animals, vehicles or persons on or within the public right-of-way, other than a group of people participating in an athletic event or public assembly. The term "parade" does not include public employees acting within the course and scope of their employment, or a funeral procession.

Public assembly shall mean a group of people participating in an organized activity on or within the public right-of-way, other than a group of people participating in an athletic event or parade. It does not include public employees acting within the course and scope of their employment.

Public right-of-way shall mean a public street, sidewalk, parking facility, or other public right-of-way.

(Ord. No. 2699 N.S. 2)

It is unlawful for a person to conduct, sponsor, advertise or knowingly participate in a parade, athletic event or public assembly on or within the public right-of-way which obstructs, delays or interferes with the normal flow of vehicular or pedestrian traffic or which does not comply with applicable traffic laws without an event permit. A permit is not deemed issued until the City Manager has been notified in writing of the applicant's acceptance.

(Ord. No. 2699 N.S. 2)

An application for an event permit shall be in a form prescribed by the City Manager and shall contain all of the information required in this section:

a. Non Free Speech Event. Each application for a non free speech event shall contain all of the following information:

1. The name, mailing address, and daytime telephone number of each of the following:

(a) Person(s) filing the application;

(b) If an organization is conducting, sponsoring, or organizing an event, the name, address, and daytime telephone number of the organization;

(i) The names of the members of the board of directors, president, chief executive officer, leader or other head of the organization;

(ii) Written documentation that the organization has authorized submission of the application for the event;

(c) The person who will be present and in charge of the event on the day of the event (including an evening telephone number);

(d) The name of an alternate person to contact if an emergency arises and the applicant is unavailable (also include evening telephone number);

(e) Any monitors to be employed during the event;

2. The nature of the event;

3. The proposed date and estimated starting and ending time of the event;

4. The proposed location of the event, including its boundaries;

5. The estimated number of participants;

6. The type and estimated number of vehicles, animals and structures that will be used in the event;

7. A description of any sound amplification equipment to be used;

8. The number, size, and material of construction of any signs, banners, displays or other equipment to be used;

9. The estimated number of parking places that will be required for the event and the proposed location for the required parking;

10. The location of any water, first aid, or comfort station to be provided;

11. The type and number of any vendors who will sell food or beverages at the event. (A peddling permit is required under Municipal Code Chapter V, Section 5-2).

b. In addition to the information required in subsection (a) of this section, each application for a parade shall contain the following additional information:

1. The time when units of the parade will begin to assemble;

2. The proposed assembly point for the parade;

3. The proposed parade route;

4. The interval space to be maintained between units of the parade; and

5. The number, type, and size of floats or other vehicles.

c. Free Speech Event. In addition to the information required in subsection (a) of this section and, if applicable, subsection (b), an application for a free speech event shall contain the following additional information:

1. The location(s) at which the person submitting the application expects to be during both day and night, the telephone number(s) at such locations, and, if available, the facsimile telephone numbers at such locations;

2. If the application is being submitted on behalf of an organization, the name of one or more persons authorized to provide and receive notices concerning the application on behalf of the organization together with all of the information required in the preceding paragraph of this subsection.

(Ord. No. 2699 N.S. 2)

Each application for an event permit shall be accompanied by the applicable application fee. The fee is the amount needed to defray the administrative costs of processing and reviewing the application, as established from time to time by resolution of the City Council.

(Ord. No. 2699 N.S. 2)

a. Non Free Speech Event. The following procedures apply to an event which is not a free speech event:

1. Filing. The completed application shall be filed in the office of the City Manager. It shall be filed as early as possible, but no later than forty-five (45) calendar days before the event. An application may be filed up to twenty-five (25) calendar days before the event, but an applicant filing between twenty-five (25) to forty-four (44) calendar days waives the right to appeal a decision to deny the application or to impose conditions upon the application.

2. City Manager's Decision. The City Manager shall approve, approve subject to conditions, or deny the application within ten calendar days after receipt. The City Manager shall notify the applicant and the City Attorney of the decision in writing, and shall attempt to notify the applicant orally. If the application is denied or approved subject to conditions, both the oral and the written notifications shall describe with particularity the reasons for the denial or for any conditions to the approval.

3. Applicant's Acceptance. The applicant shall notify the City Manager in writing of the applicant's acceptance of the City Manager's approval or conditional approval of its application within six (6) calendar days after the date upon which the written notice of the City Manager's decision was mailed or delivered to the applicant or the date the applicant was notified orally of the City Manager's decision, whichever occurred earlier. Failure to file a timely acceptance is deemed an automatic withdrawal of the application. If the applicant files a written acceptance and complies with the general permit conditions (subsection 5-29.8), the permit issues upon the City Manager's receipt of the written acceptance. The City Manager shall notify the applicant in writing and the City Council, the City Attorney and Chief of Police orally or in writing that the permit has been issued.

4. Appeal. An applicant may appeal a decision of the City Manager to deny or conditionally approve an application by filing a notice of appeal with the City Clerk not later than six (6) calendar days following the date the applicant was provided written notice of the City Manager's decision. The appeal shall be filed no later than 5:00 p.m. The appeal shall be filed in the office of the City Manager if it is filed on a day that City offices are open for business and shall be filed at the Police Department if filed on a day that City offices are closed. Failure to file a timely appeal is deemed an automatic waiver of the appeal. The notice of appeal shall be in a form prescribed by the City Manager, shall contain a statement of the reasons why the applicant believes the City Manager's decision to deny or conditionally approve the application does not comply with this section, and shall set forth the relief requested. The appeal shall be heard and decided by the Appeal Body within seven calendar days following the filing of the notice of appeal, unless continued for good cause. The Appeal Body shall notify the applicant in writing of its decision within three calendar days. The applicant shall, within three calendar days, notify the City Manager in writing of its acceptance of the Appeal Body's decision. The applicant's failure to file a timely acceptance is deemed a withdrawal of the application.

b. Free Speech Event. The following procedures apply to a free speech event:

1. Filing. The completed application shall be filed no later than 5:00 p.m. The application shall be filed in the office of the City Manager if it is filed on a day that City offices are open for business and shall be filed at the Police Department if filed on a day that City offices are closed. The application shall be filed as early as possible, but no later than seven (7) calendar days before the proposed event. An application may be filed up to five (5) calendar days before the event, but an applicant filing less than seven (7) calendar days beforehand waives the right to appeal a decision to deny or conditionally approve an application. If an event is planned in response to a contemporaneous public event or decision which could not have been known in advance, the applicant may file an application two (2) days before the proposed event.

2. City Manager's Decision. The City Manager shall approve, approve subject to conditions, or deny the application within two (2) days after receipt. The City Manager shall notify the applicant and the City Attorney of the decision in writing, and shall attempt to notify the applicant orally. Both the oral and the written notifications shall describe with particularity the reasons for a denial or for any conditions to the approval.

3. Applicant's Acceptance. The applicant shall notify the City Manager in writing of the applicant's acceptance within one (1) day after written notice of the City Manager's decision. Failure to file a timely acceptance is deemed an automatic withdrawal of the application. If the applicant files a valid written acceptance and complies with the general conditions (subsection 5-29.8), the permit issues upon the City Manager's receipt of the written acceptance. The City Manager shall notify the applicant, the City Council, the City Attorney, and the Chief of Police that the permit has been issued.

4. Appeal. An applicant who has filed the initial application at least seven (7) calendar days before the event may appeal a decision of the City Manager to deny or to impose conditions upon a permit approval by filing a notice of appeal within two (2) days after the earliest date the applicant received oral or written notice of the City Manager's decision. The notice of appeal shall be in a form prescribed by the City Manager, shall contain a statement of the reasons why the applicant believes the decision does not comply with this section, and shall set forth the relief requested. The appeal hearing shall be at a time and place mutually agreeable to the parties. If the parties cannot agree, the hearing shall be the next day at 4:00 p.m. If that day is one on which City offices are open for business, the hearing shall take place in the City Manager's Office. If City offices are not open, the hearing shall take place at the Police Department. The Appeal Body shall render a decision within one (1) day and shall promptly notify the applicant, the City Manager and the City Attorney both orally and in writing of its decision. Both the oral and written notification shall describe with particularity the reasons for the decision. Within one (1) day, the applicant shall notify the City Manager orally and in writing whether it accepts the Appeal Body's decision.

5. Judicial Review. If the City Manager denies a free speech event permit, the City shall forthwith file an action in the Superior Court for a determination on the validity of the denial. At the time of filing, the City shall request that the court hear the matter as soon as possible and no later than two (2) court days after the filing.

(Ord. No. 2699 N.S. 2)

a. Approval and Issuance. The City Manager shall approve an application for an event permit if it is complete and there are no grounds for denial under subsection (b) of this section. Such an application is approved subject to the general conditions set forth in subsection 5-29.8 and to the applicable special conditions set forth in subsection 5-29.9 which the City Manager determines to be necessary to protect the safety of persons and property and to control pedestrian and vehicular traffic in and around the site of the event.

b. Grounds for Denial. The City Manager shall deny an application if any one of the following factors is not adequately addressed or reasonable conditions cannot satisfy the public health, safety or welfare concerns:

1. The person applying for the permit has failed to complete the application;

2. The information contained in the application is found to be false in any material respect;

3. An application for another event to be held on the same date as that requested has been previously filed or approved, and the other event is so close in time and location to the event proposed as to cause undue traffic congestion or to place the City in a position of being unable to meet the needs for police, fire, ambulance and public work services for both events;

4. The time, route, or size of the event will substantially interrupt the safe and orderly movement of traffic contiguous to the site or route of the event, or disrupt the use of a street at its peak traffic time, or impede operation of emergency vehicles;

5. The concentration of persons, animals or vehicles at the site of the event or at the site of an assembly or disbanding area around the event will prevent proper police, fire or ambulance services reaching areas contiguous to the event;

6. The size of the event will require the diversion of so many City police officers that police protection to the rest of the City will be seriously jeopardized. However, the permit may not be denied because of the need to protect participants from the conduct of others if reasonable permit conditions can be imposed;

7. Given the size and nature of the event, the reasonably available number of City police officers and other personnel is not sufficient to ensure the safety of participants or the attending public;

8. The event consists of a parade that will not move from its point of origin to its point of termination in four (4) hours or less;

9. The location of the event will substantially interfere with construction or maintenance work previously scheduled to take place on or along the public right-of-way to be occupied by the event;

10. The event will occur at a time when a school is in session and along a route or at a location adjacent to the school or a class thereof, and the noise created by the activities of the event will substantially disrupt the educational activity of the school or class;

11. The decorative material on parade floats is not noncombustible or flame retardant or motorized parade floats and towing apparatus are not provided with a minimum rated portable fire extinguisher readily accessible to the operator, as provided in Uniform Fire Code; or

12. The application is not timely submitted and there is insufficient time to investigate and process the application.

(Ord. No. 2699 N.S. 2)

The following general permit conditions apply to each event permit authorized under this subsection:

a. Indemnification. Before a permit is issued for either a non free speech event or a free speech event, the permittee shall sign a statement, in a form approved by the City Attorney, indemnifying and holding harmless the City from any liability, damage or loss occurring during the course of the event authorized by the permit where the liability, damage or loss is proximately caused by the negligent or intentional act or omission of the permittee, any officer, employee or agent of the permittee, or any person who is under the permittee's legal control. In addition, the statement shall provide that if a claim is made against the City by suit or otherwise, arising out of the negligent or intentional act or omission, the permittee shall defend the City and shall indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise. The statement shall be filed with the City Manager before the City Manager approves the permit.

b. Liability Insurance.

1. Non Free Speech Events. Before a permit for a non free speech event is issued, the permittee shall obtain general liability insurance from an insurance company licensed to do business in the State of California acceptable by the City. The insurance shall provide "occurrence" coverage against liabilities for death, personal injury or property damage arising out of or in any way connected with the event. The insurance shall be in the amount of at least one million ($1,000,000.00) dollars, combined single limit, and shall name the City and the City's officers, employees and agents as additional insured under the coverage afforded. In addition, such insurance shall be primary and noncontributing with respect to any other insurance available to the City and shall include a severability of interest (cross liability) clause. Proof of such insurance, in a form approved by the City Attorney, shall be filed with the City Manager before the issuance of the permit and the insurance shall be maintained in effect throughout the course of the event.

2. Free Speech Events. No liability insurance shall be required for a permit authorizing a free speech event.

c. Traffic Control Fee. Before the City Manager approves an application for a permit, the permittee shall pay to the City a fee in a designated amount equal to the City's total estimated costs for providing all of the personnel and materials (including police) necessary to control and monitor pedestrian and vehicular traffic in and around the site of the event. The City Manager determines the traffic control fee based upon: a schedule of traffic control fees and rates established by resolution of the City Council; the City Manager's estimate as to the type, number and hours of personnel and materials necessary; and on the City Manager's estimate as to the type, number and hours of employment of other City personnel necessary to control or monitor the event. The fee shall not include any amount necessary to monitor or control bystanders, onlookers or opponents not participating in support of a free speech event.

(Ord. No. 2699 N.S. 2)

The City Manager may condition an event permit upon the permittee's compliance with reasonable requirements concerning the time, place and manner of conducting the event, as necessary to protect the safety of persons and property or to control vehicular and pedestrian traffic in and around the site of the event. The conditions may not be imposed in a manner that will unreasonably restrict the exercise of free speech rights. The conditions may include, but are not limited to, requirements concerning the following:

a. The assembly or disbanding area for a parade;

b. The accommodation of pedestrian and vehicular traffic in and around the site of an event, including restricting the location of an event and the provision and use of traffic cones and barricades;

c. The number and type of vehicles, animals, or structures to be used or displayed in the event;

d. City safety inspection and approval of stages, booths, floats and other structures or vehicles to be used or operated in the event;

e. The provision and use of garbage containers, and the cleanup and restoration of the site of the event;

f. A deposit for cleanup if the event will include the erection of structures, the participation of animals, the operation of water aid stations, or the sale or donation of food or beverages;

g. The provision and operation of first aid stations and sanitary facilities, including disabled-accessible sanitary facilities;

h. Restrictions on the amount of noise generated by sound amplification equipment, motors and other equipment;

i. The provision of a notice of permit conditions to event participants;

j. Automobile insurance for vehicles in a parade, the insurance form and amount to be determined by the City Attorney.

(Ord. No. 2699 N.S. 2)

The City Manager may amend or add to the conditions of a previously issued permit when the City Manager determines it necessary to protect the safety of persons or property, or to control vehicular and pedestrian traffic, if the material facts necessitating the conditions were first made known to the City Manager after issuance of the permit. Any conditions imposed after the original issuance of a permit shall comply with the provisions of subsections 5-29.8 and 5-29.9 of this section. If the City Manager imposes subsequent conditions, the City Manager shall promptly notify in writing the permittee, the City Attorney and all other City officers affected by the change, stating the reasons for it. If necessary, the City Manager shall also notify all parties and the event participants orally.

If the permit involves a free speech event and time permits, the permittee may request a hearing on the subsequent conditions. The permittee shall make the request to the City Manager within twenty-four (24) hours of receiving the subsequent conditions and must request a hearing at least forty-eight (48) hours before the event. The matter shall be heard by the Appeal Body, at the City offices at 4:00 p.m. unless otherwise agreed. The Appeal Body shall render a decision orally at the conclusion of the hearing. The Appeal Body shall also notify in writing the permittee, the City Manager and the City Attorney of the decision and the reasons for it.

(Ord. No. 2699 N.S. 2)

a. Mandatory Revocation. The City Manager shall revoke an event permit if the City Manager determines that there were grounds for denying the permit under subsection 5-29.7 which were not made known to the City Manager until after issuance of the permit. The City Manager shall also revoke an event permit if the City Manager determines that the event is being conducted in violation of the permit conditions or other applicable law or regulation. The City Manager may not revoke a permit until the City Manager advises the permittee of the violation and provides a reasonable opportunity to correct it.

b. Limitation on Power to Revoke. A permit may not be revoked because of the need to protect participants from the conduct of others, unless there are insufficient resources to provide necessary police protection.

c. Notice. If the City Manager decides to revoke a permit before the date of the event, the City Manager shall promptly notify in writing the permittee, the City Attorney and all other City officers charged with carrying out responsibilities under this section. If the City Manager has learned of the facts justifying revocation within twenty-four (24) hours of the event and decides to revoke the permit, the City Manager shall announce that decision to the event participants, to those City officers and employees monitoring or controlling traffic during the event, and to the person in charge at the event, if that person can be located. Thereafter, the City Manager shall notify in writing the permittee and City Attorney. Each written or oral notice shall describe with particularity the reasons for the decision.

d. Hearing. When the City Manager is able to and does revoke a permit at least forty-eight (48) hours before the event, the permittee may request a hearing. The hearing shall be held before the Appeal Body within twenty-four (24) hours of the permittee's request. The hearing shall be at the City offices at 4:00 p.m. unless otherwise agreed. The Appeal Body shall issue its decision orally at the conclusion of the hearing and shall notify in writing the permittee, the City Manager and the City Attorney. The notification, whether oral or written, shall describe with particularity the reasons for the decision.

e. Judicial Review. If the City revokes a free speech event permit, the City shall forthwith file an action in the Superior Court for a determination on the validity of the revocation. At the time of filing, the City shall request that the court hear the matter as soon as possible and no later than two (2) court days after the filing.

(Ord. No. 2699 N.S. § 2)

The City Manager or a City police officer may temporarily suspend an event whenever required to protect public safety because of a fire, earthquake, or other emergency. When an event is temporarily suspended, the permittee and event participants shall immediately comply with the suspending officer's instructions. The City Manager shall immediately attempt to notify the permittee orally and shall notify in writing the permittee and the City Attorney. The written notice shall be delivered within twenty-four (24) hours after the suspension, and shall describe with particularity the reasons for the suspension.

(Ord. No. 2699 N.S. § 2)

The City Manager is authorized and directed to place barricades on or within the public rights-of-way, and to undertake such other actions as may be necessary to cordon off the route or site of an authorized event. When appropriate, the City Manager shall post the route or site as a no-parking zone in advance and for the duration of the event.

(Ord. No. 2699 N.S. § 2)

The City Manager shall give written notice of the nature, date and time of an authorized event as soon as possible before the date of the event to all property owners adjoining the public right-of- way where the event is to occur. The notice may be by a method defined in subsection 5-29.2 to "notify in writing," by publishing in a newspaper of general circulation, or by posting along the route or at the site of the event. The provisions of this subsection pertaining to notice shall be directory only and the failure of the City Manager to give such notice does not invalidate a permit.

(Ord. No. 2699 N.S. § 2)

a. Interference with Event. No person shall physically obstruct, impede, hamper or otherwise interfere with an authorized event or with any person, animal or vehicle participating or used in the event.

b. Driving through Site of Parade or Athletic Event. No person shall drive a vehicle between vehicles or persons traversing the route of an authorized parade or athletic event when the vehicles or persons are in motion.

c. Prohibited Parking. No person shall park along or within any portion of the route or site of an authorized event when the route or site has been officially posted as a no-parking zone.

(Ord. No. 2699 N.S. § 2)

In order to implement the provisions of this section, the City Council may adopt a resolution or resolutions establishing designated parade routes within the City as well as the traffic control fees to be charged for parades conducted along such parade routes pursuant to a permit issued under this Section.

(Ord. No. 2699 N.S. § 2)

A violation of this section, including a violation of permit conditions, is unlawful and punishable as a misdemeanor.

(Ord. No. 2699 N.S. § 2)