Burbank Municipal Code Art. 17 Parades

6-1-1701: DEFINITIONS:

As used in this article, unless the context otherwise clearly indicates, “PARADE” shall mean any organized and structured march or public procession of persons and vehicles, or persons or vehicles, with or without musical accompaniment, and for ceremonial or commemorative purposes, in or upon a public street, mall, or alley. [Formerly numbered Section 29-107; renumbered by Ord. No. 3058, eff. 2/21/87; 3021.]

6-1-1702: PERMIT REQUIRED; EXCEPTIONS:

No person shall engage in, participate in, aid, form, or start any parade, unless a permit to do so has been obtained from the City Manager, and unless such permit is carried by the person heading or leading such activity. The provisions of the ordinance shall not apply to the following:

A. Funeral processions.

B. Students of the schools going to and from classes or when constituting a part of their educational activities and under the immediate direction and supervision of the proper school authorities.

C. Any governmental agency within the scope of its functions.

D. Any event or activity which the Chief of Police determines is unlikely to constitute a substantial or unreasonable hazard or impediment to the normal flow of traffic where such event or activity is planned to be held.

E. Any event or activity, which in the opinion of the City Attorney, is protected against regulation by the provisions of the United States Constitution or the California State Constitution. [Formerly numbered Section 29-108; renumbered by Ord. No. 3058, eff. 2/21/87; 3021.] [Grossman v. City of Portland (1994) 33 F.3d 1200, 1207, Footnote 13]

6-1-1703: APPLICATION FOR PERMIT; TIME OF FILING:

Applications for a parade permit shall be filed with the City Manager not less than thirty (30) days nor more than ninety (90) days before the date on which it is proposed to conduct the parade. Such applications shall be sworn to and shall state:

A. Name Of Organization: The name of the person or organization wishing to conduct such parade;

B. Sponsor: 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 authorized and responsible head of such organization;

C. Parade Chairperson: The name, address and telephone number of the person who will be the parade chairperson and who will be responsible for its conduct;

D. Identity And Address Of Permittee: The name, address and telephone number of the person or organization to whom the permit is desired to be issued;

E. Date: The date when such parade is to be conducted;

F. Route: The route to be traveled, the starting point and the termination point;

G. Size: The approximate number of persons who, and animals and vehicles which, will constitute such parade; the type of animals, and a description of the vehicles;

H. Time: The hour when such parade will start and terminate;

I. Width: Whether such parade will occupy all or only one-half (1/2) of the width of the streets proposed to be traversed;

J. Assembly Area: The location by streets of any assembly or assembly areas for such parade;

K. Time Of Assembly: The time at which units of the parade will begin to assemble at any such assembly area or areas;

L. Interval: The interval of space to be maintained between units of such parade;

M. Authorization Of Applicant: If the parade is designated to be held by, and on behalf of or for, any person other than the applicant, the applicant for such permit shall file with the City Manager a communication in writing from the person proposing to hold the parade, authorizing the applicant to apply for the permit on their behalf. [Formerly numbered Section 29-109; renumbered by Ord. No. 3058, eff. 2/21/87.]

6-1-1704: CITY MANAGER MAY CONSIDER LATE APPLICATIONS:

The City Manager shall have authority, in their discretion, to consider any application for a parade permit which is filed less than thirty (30) days before the date such parade is proposed to be conducted. [Formerly numbered Section 29-110; renumbered by Ord. No. 3058, eff. 2/21/87.]

6-1-1705: ISSUANCE OF PERMIT:

The City Manager shall grant and issue such parade permit if, from a consideration of the application and such other information as may otherwise be obtained, the City Manager finds that:

A. Safety and Traffic: The conduct of such parade will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route;

B. Number of Police Officers: The conduct of such parade will not require the diversion of so great a number of police officers of the City to properly police the line of movement and the areas contiguous thereto, as to prevent normal police protection to the City;

C. Number of Ambulances: The conduct of such parade will not require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of the City other than that to be occupied by the proposed line of march and areas contiguous thereto;

D. Concentration of Persons: The concentration of persons, animals and vehicles at assembly points of the parade will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such assembly areas;

E. Fire Equipment: The conduct of such parade will not interfere with the movement of firefighting equipment en route to a fire;

F. Risk of Injury: The conduct of such parade is not reasonably likely to cause injury to persons or property;

G. Speed: Such parade will move from its point of origin to its point of termination expeditiously and without stopping en route, and

H. Advertising, Private Profit: Such parade is not to be held for the sole purpose of advertising any product, goods, or event, and is not designed to be held purely for private profit. [Formerly numbered Section 29-111; renumbered by Ord. No. 3058, eff. 2/21/87.]

6-1-1706: CONTENTS OF PERMIT:

Each parade permit shall state the following:

A. Starting time;

B. Minimum speed;

C. Maximum speed;

D. Maximum interval of space to be maintained between the units of such parade;

E. What portions of the street to be traversed may be occupied by such parade;

F. Maximum length of such parade in miles or fractions thereof. [Formerly numbered Section 29-112; renumbered by Ord. No. 3058, eff. 2/21/87.]

6-1-1707: PERMIT REJECTION; NOTICE:

The City Manager shall act upon the application for a parade permit within eight (8) days after the filing of the same. If the City Manager disapproves the application, they shall mail to the applicant within ten (10) days after the date upon which such application was filed, a notice of their action, stating in general terms the reasons for their denial of the permit. [Formerly numbered Section 29-113; renumbered by Ord. No. 3058, eff. 2/21/87.]

6-1-1708: ALTERNATIVE PERMIT:

The City Manager in denying any application for a parade permit, may authorize the conduct of such parade on a date, at a time, or over a route different from that named by the applicant, and if the applicant desires to accept the proposed date, time and route, they shall, within two (2) days after notice of the action of the City Manager, file a notice of acceptance with the City Manager. The City Manager shall thereupon issue a parade permit, and such permit shall conform to the requirements of Section 6-1-1706 of this article. [Formerly numbered Section 29-115; renumbered by Ord. No. 3058, eff. 2/21/87.]

6-1-1709: OFFICIALS TO BE NOTIFIED:

Immediately upon the issuance of a parade permit, the City Manager shall send a copy thereof to the following:

A. The Fire Chief;

B. The Chief of Police;

C. The General Manager of Burbank Water and Power;

D. The Public Works Director;

E. Planning Director;

F The Postmaster of the Burbank Post Office;

G. The 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. [Formerly numbered Section 29- 116; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3723, eff. 7/3/07.]