Bakersfield Municipal Code Ch. 10.76 Parades

Sections:

10.76.020 Permit required. 10.76.030 Application—Issuance. 10.76.040 Permit—Application—Time for consideration. 10.76.050 Regulations. 10.76.060 Notification of city officials. 10.76.065 Notification of affected businesses. 10.76.070 Revocation. 10.76.080 Appeal.

• Prior history: Prior code §§ 11.16.010—11.16.130 and Ords. 2607, 2691 and 2947.

Whenever used in this chapter, unless a different meaning clearly appears from the context, the words set out in this section shall have the following meanings:

A. “Parade” means any march or procession consisting of persons, animals or vehicles, or combinations thereof, except funeral processions, upon any public street, public sidewalk, public alley or other public place, which does not comply with normal and usual traffic regulation or controls.

B. “Person” means any individual, partnership, corporation, organization, or association of any nature whatsoever.

C. “Traffic authority,” for purpose of this chapter only, means the chief of police or designee. (Ord. 3866 § 1, 1998)

It is unlawful for any person to conduct a parade in or upon any public street, public sidewalk, public alley or other public place in violation of this chapter, or without having first procured and maintained a valid permit from the traffic authority. (Ord. 3866 § 1, 1998)

A. Applications for permits under this section shall be made on forms to be furnished by the city, shall be submitted no less than ten business days prior to the event nor more than ninety calendar days prior to the event, shall be signed under penalty of perjury by an authorized representative of the applicant organization and shall require the following information:

1. The name, mailing address, and telephone number of the organization applying for and conducting the
parade and of the parade chairperson;

2. The name of the parade, including names of each sponsoring or sanctioning organization;

3. Applicant’s Proposed Parade Route. Applicants may request one of the five standard parade routes
suggested by the traffic authority and set forth in the Bakersfield Police Department Parade Manual on file at
the office of the traffic authority. Applicants may also propose a different parade route not specified below.
Any proposed routes, regardless of whether it is one of the suggested routes below or is not listed below, will
be evaluated according to the criteria in subsection B. The suggested parade routes are generally identified
as:

a. The “L” Street corridor;

b. The “F” Street corridor;

c. The Truxtun Avenue corridor;

d. The East California Avenue corridor; and

e. The Baker Street corridor.

4. The proposed date, starting time, and estimated completion time;

5. The location of the assembly area and of the disbanding area;

6. Proposed number and size of the units in the parade, including a description of any sound amplification
equipment to be used;

7. Prior permits held by any named organization and whether such permits were ever revoked or
suspended and the reasons therefor; and

8. The business tax certificate number of the applicant organization, or letter granting tax-exempt status to
the applicant organization.

B. The traffic authority or his or her designee shall examine each application and shall determine whether the criteria listed below are met. If they are met, the traffic authority or his or her designee shall issue a parade permit conditioned upon the applicant’s agreement to comply with the terms of such permit. The criteria to be determined by the traffic authority or his or her designee are:

1. That the application is complete and truthful;

2. That the parade will be conducted in accordance with all laws of the city and the state;

3. That the conduct of such parade will not require police protection in excess of what the city can
reasonably provide;

4. That operation of the parade at such location will not present any substantial hazard to vehicular or pedestrian traffic, nor impede the movement of emergency vehicles;

   5. That the applicant has not had a permit, issued under this section, revoked, unless the city manager finds that the reasons for such revocation are unrelated to this application;

   6. That the parade is not being held for the sole purpose of advertising any products, goods, wares, merchandise or event;

   7. That the conduct of the parade will not constitute an unreasonable burden on city employees or resources, nor create an unreasonable disturbance to the neighboring areas;

   8. That the parade will move from its starting point to its finish line expeditiously;

   9. That such parade will not interfere with, or conflict with, another parade or special event for which a permit has been issued or for which no permit is required.

C. All permits issued pursuant to this chapter shall be valid only as to those dates, times, and locations listed on the permit, unless earlier revoked.

D. Permits may be issued with conditions to ensure that the event will be operated in a safe and legal manner. Such conditions may include, but shall not be limited to:

1. The date, starting time and maximum length of time during which the parade may be conducted;

2. The minimum speed and maximum speed of the parade;

3. The maximum space to be maintained between the units of the parade;

4. The maximum number of units to be permitted in the parade and the maximum size of such units;

5. The route to be taken by the parade; and

6. The maximum length of the parade. (Ord. 4467 § 1, 2007; Ord. 4343 § 1, 2006; Ord. 3866 § 1, 1998)

The traffic authority shall, not later than eight days after receipt of an application, issue or deny the parade permit. Denial of a permit shall be accompanied by statement of the basis for denial. (Ord. 4343 § 2, 2006; Ord. 3866 § 1, 1998)

A. One official of the applicant, designated on the application, shall be in charge of, and responsible for, the parade.

B. No person shall, without the consent of the permittee, join or participate in a parade nor in any manner interfere with its orderly conduct.

C. No person shall throw any advertising materials, product samples, candy, or any other item from a parade unit or line of march.

D. If samples of items or candy or materials are to be given away to the crowd along the line of march, those items shall be handed to members of the crowd on the side of the line of march.

E. The applicant(s) shall save, hold harmless, and indemnify the city, its officers, agents, employees and volunteers from all claims, demands, damages, judgments, costs or expenses in law or equity that may at any time arise from or is in any way related to any work performed by applicant(s), his or her agents or employees under the terms of any permit issued under this chapter. (Ord. 3866 § 1, 1998)

Immediately upon the granting of a parade permit the traffic authority shall send a copy thereof to the following:

A. The city manager;

B. The fire chief;

C. The superintendent of transit of the city;

D. The director of public works;

E. The postmaster of the Bakersfield post office;

F. The general manager or responsible head of each public transportation utility the regular routes of which vehicles will be affected by the route of the proposed parade. (Ord. 3866 § 1, 1998)

At least three days prior to the parade for which a permit has been issued, the organization sponsoring the parade shall attempt to notify all businesses located along the corridor where the parade will be held of the date, time and duration of the parade. Such notification may be written or telephonic. (Ord. 4343 § 3, 2006)

Any permit issued pursuant to this chapter may be immediately revoked by the traffic authority whenever he or she finds:

A. That false or misleading statement(s) were made on the application; or

B. That the applicant has done any act related to the application involving dishonesty, fraud, or deceit with the intent to substantially benefit himself, herself or another, or substantially injure another; or

C. That the permit holder has violated any provision of this chapter or any other applicable law; or

D. That any of the terms or conditions of such permit have been violated. (Ord. 3866 § 1, 1998)

A. Should any applicant be dissatisfied with the decision of the traffic authority not to grant a permit or for the revocation of a permit, then such applicant may, no later than ten days after notice of such decision is deposited in the United States mail, addressed to the applicant or permittee at the address provided on the application, make written objection to the city manager setting forth the grounds for dissatisfaction, whereupon the city manager shall hear such objections no later than three weeks following the filing of the objection with the city clerk. The applicant shall be given written notice no less than three days prior to such hearing. The city manager may, upon such hearing, sustain, suspend, or overrule the decision of the traffic authority, which decision shall be final and conclusive.

B. Pending the hearing before the city manager, the decision of the traffic authority shall remain in full force and effect and any reversal thereof by the city manager shall not be retroactive but shall take effect as of the date of the city managers decision. (Ord. 4061 § 4, 2002; Ord. 3866 § 1, 1998)

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications which can be given effect without the invalid provision or application, and to that end the provisions of this act are severable. (Ord. 3866 § 1, 1998)