Chapter 14.24 — PEDESTRIANS AND PARADES

Sections:

14.24.010 Definitions.

14.24.020 Parade permit required.

14.24.030 Procedure for obtaining a parade permit.

14.24.040 Payment for City personnel.

14.24.045 Waiver of fees and costs for indigents.

14.24.050 Appeal to the City Manager.

14.24.060 Conduct of parade permittee.

14.24.070 Revocation of permits.

14.24.080 Interference.

14.24.090 Judicial relief.

As used in this chapter, the following definitions shall apply.

.010 "Chief of Police" means the Chief of Police of Police of the City of Anaheim or his or her designee.

.020 "Parade" shall mean any march, demonstration, procession, run, motorcade or promenade consisting of twenty or more persons, animals or vehicles, or a combination thereof, having a common purpose, design, destination or goal, and taking place upon any public place, street or sidewalk, and which does not comply with normal and usual traffic regulations or controls.

.030 "Person" means and includes any individual, firm, partnership, association, corporation, company or organization of any kind.(Ord. 3169 § 2; June 5, 1973: Ord. 5919 § 17 (part); June 8, 2004.)

.010 It shall be unlawful for any person to engage in, conduct, participate in, or carry on the activity of a parade without a permit issued therefor pursuant to the provisions of this chapter.

.020 It shall be unlawful for any person who engages in, conducts, participates in, or carries on the activity of a parade to violate any term or condition of any parade permit issued pursuant to this chapter, or otherwise fail to comply with any applicable provision of this chapter. (Ord. 3169 § 3; June 5, 1973: Ord. 5919 § 17 (part); June 8, 2004.)

.010 Deposit. Each application for a permit to conduct a parade shall be accompanied by a non-refundable fee of twenty-five dollars for the purpose of paying the cost of processing said application.

.020 Application. Any person desiring to conduct a parade shall apply to the Chief of Police for a permit at least seven days in advance of the date of the proposed parade. For spontaneous parades in reaction to current events, the Chief of Police shall consider any application for a permit to conduct a parade which is filed less than seven days, but at least twenty-four hours prior to the time such parade is to be conducted. The application for such permit shall be on a form provided by the Chief of Police, shall be verified, shall be accompanied by the application deposit referred to in subsection .010 above, and shall contain the following information:

.0201 The name, address and telephone number of the person or persons seeking to conduct a parade;

.0202 If the parade 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 responsible officer of that organization;

.0203 The name, address and telephone number of the parade chairperson, or the person otherwise responsible for its conduct, which person shall be present during the entire parade;

.0204 The date(s) on which the parade is to be held;

.0205 The route to be traveled, including the starting point and termination points, on each date:

.0206 The approximate number of persons. animals and vehicles taking part in the parade, including the type of animals and a description of the vehicles;

.0207 The starting and approximate ending times of the parade on each date;

.0208 Whether such parade will occupy all or only a portion of the width of the streets proposed to be traversed; if only a portion of the width of the streets will be occupied, the number of lanes in each direction which will be occupied:

.0209 The location, by streets, of assembly and disassembly of such parade;

.0210 The time at which units of the parade will begin assembly in the assembly area; and

.0211 The approximate length (in linear feet) of the parade.

.030 Notification of Completed Application.

.0301 Within two business days after the submission of the application, the Chief of Police or the Chief of Police's designee shall notify the applicant, in writing, whether the application is complete.

.0302 If no such notice is given within forty-eight hours after submission, the application will be deemed to be complete.

.040 Indemnification. Prior to issuance of any permit pursuant this chapter, the Chief of Police shall require the applicant to execute a covenant in substantially the following form:

"That, in consideration of the issuance of this permit, the permittee and any other persons, organizations, firms or corporations on whose behalf the application is made (the 'sponsoring organization') will hold harmless and indemnify the City of Anaheim and its elected officials, officers, employees and agents from any damages which may arise as a result of the conduct of the permittee, the sponsoring organization and any individuals acting pursuant to the sponsoring organization's authority, for which the permit is issued."

.050 Transmittal of Application.

.0501 Upon receipt of the application, the Chief of Police shall transmit a copy of such application to the following: City Manager, Director of Public Works/City Engineer, and Fire Chief.

.0502 Each of the foregoing may review and provide a written report to the Chief of Police within five days after the filing of such application, with recommendations, if any, relating to the required findings set forth in subsection .060 and/or.070 below.

.0503 Immediately upon issuance of a permit, the Chief of Police shall transmit a copy thereof to each of the above departments.

.060 Findings Required for Issuance of Permit. The Chief of Police shall issue a permit for a parade, upon finding that all of the following facts exist (and upon receipt of payment of the deposit for traffic control, clean up and repair referred to in subsection 14.24.040.020 of this chapter):

.0601 The conduct of the parade will not substantially interrupt the safe and orderly movement of traffic in the area of its route;

.0602 The concentration of persons, animals and vehicles in the parade will not unreasonably interfere with proper fire and police protection, or ambulance service to areas in the vicinity of the parade, or its assembly or disassembly areas;

.0603 The parade is not proposed for a time and location for which another parade permit has been previously issued;

.0604 The proposed area for the parade, including the assembly and disassembly areas, can physically accommodate the number of participants expected to participate in the parade, as reflected in the application completed and submitted pursuant to the requirements of this chapter.

.070 Contents of Permit. Each permit shall set forth the following information and conditions as that information is set forth in the approved application:

.0701 The name(s), address(cs) and telephone number(s) of the person(s) to whom the permit is issued;

.0702 The name(s), address(es) and telephone number(s) of the sponsoring organization(s), if any, and of the responsible officer of any such organization;

.0703 The name, address and telephone number of the parade chairperson, or the person otherwise responsible for its conduct. which person shall be present during the entire parade;

.0704 The date(s) on which the parade is to be held;

.0705 The route to be traveled, including the starting and termination points, on each date:

.0706 The approximate number of persons, animals and vehicles taking part in the parade, including the type of animals and a description of the vehicles:

.0707 The starting and approximate ending time for the parade on each date;

.0708 Whether such parade will occupy all or only a portion of the width of the street(s) which will be traversed; if only a portion of the width of the street(s) will be occupied, the number of lanes in each direction which will be occupied by the parade;

.0709 The location, by streets, of assembly and disassembly of the parade;

.0710 The time at which units of the parade will begin assembly in the assembly area.

.0711 The approximate length (in linear feet) of the parade.

.080 Combined Application and Permit.

.0801 The application and permit may be combined into a single document.

.0802 A completed application form containing all of the information required by subsections .020 and .070 of this Section 14.24.030, when approved and signed by the Chief of Police, shall constitute the permit required by this chapter.

.0803 A copy of said permit shall be maintained and kept upon the person in charge of the parade at the parade site at all times during the parade, including any assembly and disassembly periods, and shall be presented to any peace officer for inspection upon request.

.090 Findings Required for Denial of Permit. The Chief of Police shall deny an application for a parade permit, and notify the applicant of such denial, upon finding one or more of the following facts exist:

.0901 The Chief of Police makes any finding(s) contrary to the findings required to be made for the issuance of a permit:

.0902 The information contained in the application is false or intentionally misleading in any material detail;

.0903 The parade or assembly is proposed to take place in the roadway portion of any street in a commercial zone during, or partially during, the hours of 8:00 a.m. to 10:00 a.m. or during, or partially during, the hours of 4:00 p.m. to 6:30 p.m., Monday through Friday, unless the parade or assembly will occur on a national holiday or local day of celebration declared by the City Council; or

.0904 The parade or assembly will require the simultaneous closure of the entire roadway portion of more than two streets (in at least one direction thereof), between the hours of 7:00 a.m. and 8:00 p.m., Monday through Friday, or between the hours of 10:00 a.m. and 6:00 p.m. on Saturday, unless the parade or assembly will occur on a national holiday or local day of celebration declared by the City Council; or

.0905 The parade or assembly will require closure of more than one-half of the roadway portion of any street (in at least one direction) in a commercial zone, for more than three hours on any one day, between the hours of 7:00 a.m. and 8:00 p.m., Monday through Friday, unless the parade will occur on a national holiday or local day of celebration declared by the City Council.

.100 Decision by Chief of Police.

.1001 The Chief of Police shall act upon the application within five days after the filing thereof.

.1002 If the Chief of Police finds that such permit should not be issued, he or she shall mail a notice of the action denying the permit, stating in general terms the reasons for the denial of the permit, within the five-day period. (Ord. 3169 § 4; June 5, 1973: Ord. 5919 § 17 (part); June 8, 2004.)

.010 Under the provisions of this chapter, a permittee shall reimburse the city for all traffic control costs incurred in connection with diverting traffic due to the closure of streets. No portion of the fee charged shall be based upon the need for security or increased police protection due to the nature of the parade.

.020 Prior to the issuance of any parade permit referred to in this chapter, and within five days following the filing to the permit application, the Chief of Police shall determine the number of police officers needed for the traffic control purposes for said parade, and employees in other City departments for traffic control, clean-up and repair of the right-of-way along the parade route.

.0201 When the number of said officers and employees is determined, the Chief of Police shall also determine the estimated cost of providing said officers and employees (including equipment and traffic control devices), and inform the person, firm or corporation conducting said parade of such estimated costs.

.0202 The permit applicant may, but shall not be required to, deposit such estimated cost with the Chief of Police prior to the issuance of any permit pursuant to this chapter.

.030 Within thirty days following completion of the parade, the Chief of Police shall calculate the final costs of traffic control, clean up and repair required by said parade, and notify the permittee of such final cost.

.0301 Within ten days following the mailing of such notice to the permittee, the permittee shall pay to the City the amount, if any, by which the final cost exceeds the estimated cost theretofore deposited with the Chief of Police.

.0302 Such amount shall constitute a debt due and owing to the City of Anaheim by the permittee.

.0303 In the event the estimated cost exceeds the final cost, the excess will be refunded to the permittee within ten days following the mailing of the notice of the final cost to the permittee. (Ord. 3169 § 5; June 5, 1973: Ord. 5919 § 17 (part); June 8, 2004.)

.010 Indigent individuals or organizations may apply for a waiver of any or all of the City's fees and costs, in whole or part, otherwise required by this chapter.

.020 An application for any such waiver shall be made in writing to the Chief of Police, at or prior to the time said fee, deposit or cost amount is due.

.030 Said application for waiver must show in writing, under penalty of perjury, that the parade permit applicant is indigent and, if the indigent is an individual, that such individual is either:

.0301 A welfare recipient; or

.0302 His or her family income is less than 125% of the poverty line income established under federal law, based on the

number of dependents in the family; or

.0303 His or her family income is otherwise insufficient to pay both for necessaries of life and the City's fees and costs (or the portion thereof for which the waiver is requested).

.040 The Chief of Police shall act upon such waiver request and provide written notice of the decision within three days following the receipt of such waiver request. (Ord. 5919 § 17 (part); June 8, 2004.)

.010 Any person aggrieved by any decision of the Chief of Police made pursuant to this chapter shall have the right to file a written appeal with the City Manager within five days.

.020 The City Manager shall within two business days after the timely filing of such appeal act thereon.

.0201 If the City Manager finds in favor of the appellant, the appellant shall immediately receive written notice thereof and, if such decision is to approve or conditionally approve and parade permit, the permit shall immediately be issued, upon payment of the deposit for traffic control, clean up and repair referred to in subsection 14.24.040.020 of this chapter.

.0202 If the City Manager finds that such appeal should not be granted, he or she shall, within such time, mail written notice of the action denying the appeal, stating in general terms the reasons for the denial of the appeal.

.0203 If the denial occurs less than three business days prior to the requested date of the parade, the City Manager shall also make reasonable efforts to provide telephonic notice of such denial.

.0204 Failure to act within the specified time period shall be deemed a denial of the appeal.

.0205 The decision of the City Manager shall be final. (Ord. 3169 § 6; June 5, 1973: Ord. 5919 § 17 (part); June 8, 2004.)

.010 Each permittee hereunder shall comply with all terms, conditions and provisions of the permit, and with all applicable laws of the State of California and the City of Anaheim.

.020 Each permittee shall ensure that the person in charge of the parade will at all times carry such permit on his or her person during the conduct of the parade. (Ord. 5919 § 17 (part); June 8, 2004.)

.010 The Chief of Police may revoke a parade permit issued pursuant to this chapter, if the Chief of Police finds that any term, condition, restriction or limitation of such permit has been violated, or if the Chief of Police finds that, as a result of changed circumstances, any one or more of the standards specified in this chapter has not been satisfied.

.020 Notice of such action revoking a permit shall be delivered in writing to the permittee by personal service or by certified mail.

.030 Appeal from any such revocation may be taken within the same time and manner as specified in Section14.24.050 of this chapter. (Ord. 5919 § 17 (part); June 8, 2004.)

No person shall knowingly join or participate in any parade conducted under permit from the Chief of Police in violation of any 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. 5919 § 17 (part); June 8, 2004.)

The provisions of Section 1094.8 of the California Code of Civil Procedure shall govern any application for administrative mandamus, based upon a final decision rendered under the provisions of this chapter. (Ord. 5919 § 17 (part); June 8, 2004.)