Bakersfield Municipal Code Ch. 5.24 Funeral Escort Services

Sections: 5.24.010 Permit—Required. 5.24.020 Permit—Application—Investigation—Issuance or denial—Appeal. 5.24.030 Permit—Revocation. 5.24.040 Uniform and equipment. 5.24.050 Carrying of identification card required. 5.24.060 Rank and title. 5.24.070 Duty to report. 5.24.080 Motorcycles. 5.24.090 Rules and regulations. 5.24.100 Issuance.

It is unlawful for any person, firm, or corporation, who is not a mortuary or funeral home to carry on, conduct or maintain the business of escorting funeral processions in the city, without having first obtained a permit from the city manager of the city to do so. (Prior code § 7.15.010)

A. No such permit shall be granted except upon the written application of the person, firm or corporation desiring the same. Said application shall be signed by the applicant and shall specify the location of the place of business of said applicant. Said application must be endorsed by at least three reputable citizens of the city. Said application shall be referred to the chief of police, who shall make or cause to be made an investigation as to the character of the applicant. When the applicant files his or her application he or she also shall supply, in writing, the following information:

1. The name and address of the applicant and the names and addresses of any employees of the applicant
in such business;

2. If the applicant is a partnership, the name and address of all partners;

3. If the applicant is a corporation, the names and addresses of the corporate officers and manager, and a
certified copy of the resolution authorizing such application;

4. A description of the methods of operation;

5. Such other information pertinent to the business as either the city manager or chief of police may
require.

B. The chief of police shall, within two weeks after such referral, report thereon to the city manager. After receiving such report and a recommendation by the chief, the city manager shall grant or deny a permit to said applicant to engage in such business. Every such permittee shall also possess a valid, current, unrevoked license for such business issued by the city under Chapter 5.02.

C. In the event that the permit is denied, the applicant may appeal such decision to the city council, if he or she files, within five days from notification of such denial, a written appeal, in the office of the city clerk. Notification of denial may be given to the applicant either personally or by mail and shall be deemed to have been received by the applicant upon delivery or two days after mailing to applicant at the address shown upon his or her application.

D. Upon proper appeal having been filed, the city council shall hear such appeal within thirty days of such filing and shall render its decision to grant or deny the permit either upon conclusion of the hearing or within thirty days thereafter. (Prior code § 7.15.020)

A. Whenever it appears to the city manager that the person, firm or corporation to whom a permit under this chapter has been issued is conducting, maintaining, operating, managing or carrying on the business of escorting funeral processions in violation of any section of this chapter or in an improper, irregular or unlawful manner, such permit may be revoked upon five days’ notice to the permittee.

B. It is unlawful for any such person, firm or corporation, whose permit has been so revoked, to continue to carry on, conduct or maintain the business of escorting funeral processions within the city, until such time as said permit is renewed.

C. The permittee, whose permit has been revoked by the city manager, may appeal such decision to the city council in accordance with the procedures set forth in subsections C and D of Section 5.24.020. (Prior code § 7.15.030)

A. A funeral escort is required to wear a uniform while acting as such.

B. He or she shall not wear any uniform or badge which is in imitation of or can be mistaken for, an official police uniform or badge of the city or an official sheriff’s uniform or badge of the county, or an official uniform or badge of the Highway Patrol.

C. No funeral escort shall wear, while acting as such, any uniform or badge other than one approved by the chief of police.

D. He or she shall not carry, while engaged in his duties, any firearm, handcuff, baton, or similar police equipment. (Prior code § 7.15.040)

A. It is unlawful for any person to act as a funeral escort, within the city, either as an employee of a permittee under this chapter, or otherwise, unless such funeral escort has upon his or her person at all times while engaged in his duties as such, an identification card issued to him or her by the chief of police.

B. The permittee shall furnish to the chief such information concerning persons employed by the permittee as funeral escorts as may be required by the chief and a current list of all such employees shall be furnished. No identification card shall be issued to any such employee not on such current list. Such identification card may be withheld for a period of five working days and may be denied or recalled by the chief of police for cause deemed to be in the best interest of the city and for the general welfare. The permittee shall not permit any person to escort a funeral procession unless and until such person has been issued such identification card and shall not permit any person whose identification card has been recalled to perform such service. (Prior code § 7.15.050)

A funeral escort shall not assume or use any rank or title similar to any rank or title used by the police department, sheriff’s office or highway patrol. (Prior code § 7.15.060)

A. A funeral escort shall not perform official police or investigation activities, but shall immediately report every violation of law and every unusual occurrence to the chief of police.

B. A funeral escort shall make a full report of such violation or other occurrence without unnecessary delay to the chief of police. (Prior code § 7.15.070)

A funeral escort shall not use any motorcycle or similar vehicle in the performance of his or her duties as such unless he or she first obtains a certificate of inspection issued by the police department certifying that such motorcycle is in good mechanical condition and is of the color and type specified by the chief of police. (Prior code § 7.15.080)

A. The chief of police is authorized to promulgate rules and regulations consistent with this chapter, for all funeral escort services, concerning procedures of operation of such service, such as routing of procession, identification of participating vehicles, number of escorts required for procession, mode of travel of vehicles in the procession, speed, etc.

B. When such rules and regulations are in written form and distributed to all permittees under this chapter, they shall be obeyed by all funeral escorts.

C. Failure to obey such rules and regulations may result in recalling of identification cards, revocation of permit, or both. (Prior code § 7.15.090)

All permittees under this chapter shall secure and maintain public liability insurance and property damage insurance within the following limits:

Public liability, one occurrence, five hundred thousand dollars;

Public liability, all occurrences, one million dollars;

Property damage, one hundred thousand dollars. (Prior code § 7.15.100)