Chico Municipal Code Ch. 14.50 Use of Streets and Sidewalks for Parades and Public Assemblies

This chapter is adopted pursuant to the municipal affairs provisions of the city Charter for the purpose of regulating parades and public assemblies occurring on or within a city street or other public right-of-way which cause the temporary closure of any public street to vehicular traffic which is not a part of the parade or public assembly.

(Ord. 2275)

The following definitions shall govern the construction of the words and phrases used in this chapter.

A. Parade. The term “parade” means any march or procession of persons, animals or vehicles on or within a city street, sidewalk or other public right-of-way, except athletic events subject to Chapter 14.55 of this code, and for any public street is temporarily closed to vehicular traffic other than that which is a part of the parade.

B. Public Assembly. The term “public assembly” means any organized activity on or within a city street, sidewalk or other public right-of-way which the public is invited to observe or participate in, except athletic events subject to Chapter 14.55 of this code, for which any public street is temporarily closed to vehicular traffic.

C. Event. The term “event” means a parade or public assembly which is the subject of a permit application filed pursuant to this chapter.

(Ord. 2275)

The term “director,” as used in this chapter, shall mean the director of the public works department.

(Ord. 2364 §176, Ord. 2439 §99, Ord. 2538)

The director is responsible for the administration of this chapter and shall be assisted by the chief of police and fire chief as set forth in this chapter.

(Ord. 2275, Ord. 2364 §177)

To implement the provisions of this chapter, the city council shall, by resolution, establish designated parade routes as well as the traffic control fees to be charged pursuant to this chapter.

(Ord. 2275)

A. It shall be unlawful for any person to conduct, sponsor, or knowingly participate in any parade or public assembly unless a permit for such event has been issued pursuant to this chapter.

B. This chapter shall not apply to any parade or public assembly conducted exclusively within the boundary of a city park or playground under the jurisdiction of the Bidwell Park and Playground Commission.

(Ord. 2275)

Applications for a permit authorizing a parade or public assembly shall be filed in the office of the director.

A. Parades. Applications for a parade which will take place on a designated parade route shall be filed at least five city business days prior to the date of the event. Applications for a parade with a route other than a designated parade route shall be filed at least twenty-five city business days before the date of the proposed event.

B. Public Assemblies. Applications for a public assembly shall be filed at least five days prior to the date of the event.

(Ord. 2275, Ord. 2364 §178)

Applications for a permit authorizing a parade or public assembly shall be filed on a form prescribed by the director and shall contain all of the following information:

A. Information required for parades and public assemblies.

1. The name, home and business addresses, and home and business telephone numbers of the person filing the application;

2. If the event is to be conducted by an organization, the name, addresses and telephone numbers of the organization, the name, home and business address, and home and business telephone number of the president or other head of the organization, and documentation of the authority under which the applicant is applying for the permit on behalf of the organization;

3. The name, home and business addresses, and home and business telephone numbers of the person who will be present and in charge of the event on the day of the event and any pager or cell phone numbers at which that person can be reached during the event;

4. The parade route to be used, if the event is a parade, or area of public streets to be closed, if the event is a public assembly;

• 5. The proposed date and the starting and estimated ending time of the event;
• 6. The proposed location of the event, including its boundaries;
• 7. The estimated number of participants in the event;
• 8. The type and estimated number of vehicles, animals and structures which will be used;
• 9. A description of any sound amplification equipment proposed to be used;
• 10. The parking requirements for the event participants;
• 11. The location of any water and first aid stations to be provided at the event; and

12. The type and number of any vendors who will sell food or beverages at the event pursuant to a permit issued in the manner provided for in Title 5 of this code.

13. Such other information as the director may reasonably require.

B. Additional Information Required for Parades.

• 1. The time when units of the parade will begin to assemble;
• 2. The proposed assembly point for the parade;
• 3. The interval space to be maintained between units of the parade;
• 4. The estimated number, type, and size of floats;
• 5. The estimated number and type of vehicles;
• 6. The estimated number and type of animals; and

7. The anticipated composition and estimated maximum size of any signs or banners to be carried along the parade route.

(Ord. 2275, Ord. 2364 §179)

Every application for a parade or public assembly permit shall be accompanied by an application fee in an amount established by resolution of the city council.

(Ord. 2275)

Upon the filing of an application for a permit authorizing a parade or public assembly, the director shall immediately forward the application to the chief of police and fire chief. Following the receipt of an application, the chief of police shall review and evaluate the application and report back to the director the number, type, and estimated hours of employment of all police department personnel which will be necessary to control traffic during the event in order to enable the director to compute a traffic control fee for the event.

(Ord. 2275, Ord. 2364 §180)

When a complete application for a permit authorizing a parade on a designated parade route or a public assembly has been received, the director shall approve or deny the application not later than the third business day after the date the completed application was filed. When a complete application is received for a parade proposed to occur on a route other than a designated parade route, the director shall approve or deny the application not later than the fifteenth business day after the completed application was filed.

When an incomplete application is received, the director shall promptly inform the applicant that the application is incomplete and what further information is needed to complete the application. The time for the director to act upon such an application shall not commence until the application is complete.

(Ord. 2275, Ord. 2364 §181)

When the director determines that a completed application has been filed for a permit for a parade or public assembly and that there are no grounds for denying such permit, the director shall approve the permit subject to all the general conditions required by this chapter, plus any special conditions authorized by this chapter and determined by the director to be applicable to the event. Upon approving an application for a permit, the director shall promptly cause a notice of such action to be served on the applicant and provide copies of the notice to the city manager, chief of police and fire chief. The director shall issue a permit authorizing the event to the person or organization designated as the applicant on the application after the applicant has executed the indemnification agreement and paid the traffic control fee required by this chapter as conditions precedent to the issuance of the permit.

(Ord. 2275, Ord. 2364 §182)

A. Grounds for Denial. The director shall deny an application for a permit if the director determines that:

1. The information contained in the application is false in any material respect;

2. An application for another event to be held on the same date and in the same location as requested by the applicant has been previously approved or has been previously filed and may be approved;

3. A license, franchise or other permit has previously been granted to another person for use of the same location on same date;

4. The location of the event or the concentration of participants, 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 to the event or areas contiguous to the event;

5. The event consists of a parade moving along a route which will not move from its point of origin to its point of termination in four hours or less; or

6. The location of the event will substantially interfere with construction or maintenance work previously scheduled to take place on or along the city street, sidewalk or other public right-of-way to be occupied by the event.

B. Notice of Denial. If the director denies an application for a permit, the director shall promptly serve a notice of that determination on the applicant and shall provide copies of such notice to the city manager, city attorney, chief of police and fire chief. The notice shall set forth, with particularity, the reasons for the denial.

(Ord. 2275, Ord. 2364 §183)

A. Application for a Permit for a Parade on a Designated Parade Route or for a Public Assembly.

1. The denial of an application for a permit for a parade on a designated parade route or a public assembly may be appealed to the city manager by filing a written notice of appeal no later than 3:00 p.m. the next city business day after which the director has served a notice of the denial of the permit on the applicant.

2. The city manager shall decide each appeal on the next city business day after the appeal is filed unless the next city business day falls on or after the date of the event, in which case the city manager shall decide the appeal on the date it is filed.

B. Application for Permit for Parade on a Non-Designated Parade Route.

1. The denial of an application for a permit for a parade on a non-designated parade route may be appealed to the city manager by filing a written notice of appeal no later than 5:00 p.m. the third city business day after which the director has served a notice of the denial of the permit on the applicant.

2. The city manager shall decide each appeal no later than the third city business day after which the appeal was filed.

C. All appeals shall be filed on a form prescribed by the director and shall state the specific grounds for the appeal.

D. The decision of the city manager on an appeal shall be final.

(Ord. 2275, Ord. 2364 §184)

Prior to issuance of a permit, the applicant or sponsor for a parade or public assembly permit must sign an agreement to reimburse the city for any costs incurred by it in repairing damage to city property which results from the actions of those sponsoring the event or participants in the event and to defend the city against and indemnify and hold the city harmless from any liability to any person which results from the actions of those sponsoring the event or participating in the event.

(Ord. 2275)

A. Fee Requirements. Prior to the issuance of a permit, the permittee shall pay to the city a traffic control fee in an amount equal to the city’s total estimated costs for providing personnel and materials including, but not limited to, police department personnel necessary to control and monitor pedestrian and vehicular traffic in and around the site of the event. The traffic control fee shall be determined by the director based upon a schedule of traffic control fees and rates established by resolution of the city council; the estimate of the chief of police as to the type, number and hours of employment of police department personnel necessary to control and monitor pedestrian and vehicular traffic in and around the site of the event; and the estimate of the director as to the type, number and hours of employment of other city personnel necessary to control or monitor the event. Such fee shall be paid prior to the issuance of the permit.

B. Waiver of Traffic Control Fee. The traffic control fee shall be waived by the director for any parade or public assembly if the permit applicant establishes that the applicant does not have the financial ability to pay such fee by filing with the director financial statements demonstrating such inability and by filing with the director a declaration executed by the applicant under penalty of perjury attesting to such inability to pay.

(Ord. 2275, Ord. 2364 §185)

Where applicable, the director shall also condition a parade or public assembly permit on the following special conditions:

A. All animals participating in the event be currently vaccinated as required by State law;

B. Prompt clean up of all animal waste;

C. All vehicles participating in the event be licensed and insured, as required by State law;

D. The provision of portable sanitation facilities, including handicap-accessible facilities, for any event with a duration longer than one hour;

E. The provision of garbage containers and the cleanup of all debris and litter from the site of the event within four hours after the conclusion of the event;

F. The provision and use of traffic cones and barricades; and

G. The provision of a notice of permit conditions to event participants.

(Ord. 2275, Ord. 2364 §186)

A. Revocation by Director. The director shall revoke a permit authorizing a parade or public assembly if the director determines that grounds exist for denying the permit which were first disclosed or otherwise made known to the director after issuance of the permit. Upon determining that such grounds exist, the director shall notify the permittee of the grounds for revocation. If the nature of the grounds for revocation are such that the permittee can take action to eliminate the grounds for revocation, and the permittee promptly takes such action, the permit shall not be revoked.

B. Revocation by Director, Chief of Police or Fire Chief. The director, chief of police or fire chief may revoke a permit authorizing a parade or public assembly if the director, chief of police or fire chief determine that an event is being conducted in violation of the terms and conditions of the permit, or where the event participants have violated any applicable law or regulation. This subsection shall not authorize the revocation of a permit because of the need to protect participants from the conduct of others. The director, chief of police or fire chief shall not revoke a permit in the manner provided by this subsection unless the city officer first advises the permittee or responsible event participants of the violation. If the violation is immediately corrected, the permit shall not be revoked.

C. Notice of Revocation. When the director revokes a permit authorizing a parade or public assembly prior to the date of the event, the director shall promptly cause a notice of such action to be served on the permittee and shall provide copies of the notice to the city manager, city attorney and all remaining city officers charged with carrying out any responsibilities under this chapter. However, where the director, chief of police or fire chief revoke a permit authorizing a parade or public assembly on the day of the event, such city officer shall announce that action to the event participants, to the persons engaged in monitoring or controlling traffic during the event, and to the person in charge of the event if such person can be located at the site of the event. Thereafter, the city officer revoking such permit shall cause a written notice of such action to be served on the permittee and shall provide copies of the notice to the city manager and city attorney. The written notice shall set forth, with particularity, the reasons for the revocation.

(Ord. 2275, Ord. 2364 §187)

The director, chief of police, fire chief and any sworn peace officer employed by the city may temporarily suspend a parade or public assembly authorized by a permit issued pursuant to this chapter whenever there is a fire or other emergency which requires the event to be temporarily suspended to protect public safety. When an event is temporarily suspended for this reason, the permittee and event participants shall immediately comply with the suspending officer’s instructions.

(Ord. 2275, Ord. 2364 §188)

The director is authorized and directed to place barricades on or within the city’s streets, sidewalks or other public rights-of-way, and to undertake such other actions as may be necessary to cordon off the route or site of a parade or public assembly. In addition, the director, when appropriate, shall post the route or site of such event as a no parking zone for the duration of the event and sufficiently in advance thereof as may be necessary to preclude vehicles parking along the route or at the site of the event.

(Ord. 2275, Ord. 2364 §189)

The director shall endeavor to give notice of the nature, date and time of any parade or public assembly for which a permit is issued as soon as possible prior to the date of such event to all owners of property adjoining the city street, sidewalk or other public right of way where such event is to occur, either by serving copies of such notice on such property owners, by publishing such notice in a newspaper of general circulation, or by posting such notice along the route or at the site of the event. However, the provisions of this section pertaining to such notice shall be directory only, and the failure of the director to give such notice shall not invalidate a permit.

(Ord. 2275, Ord. 2364 §190)

A. Interference With Parade and Public Assembly. No person shall obstruct, impede, hamper or otherwise interfere with any parade or public assembly authorized by a permit issued in the manner hereinbefore provided by this chapter, nor with any person, animal or vehicle participating or used in such event.

B. Driving Through the Site of Parade. No person shall drive a vehicle between vehicles or persons traversing the route of a parade authorized by a permit issued under this chapter when such vehicles or persons traversing the route of such parade are in motion.

C. Prohibited Parking. No person shall park along or within any portion of the route or site of a parade or public assembly authorized by a permit issued under this chapter which has been posted as a no-parking zone by the director.

(Ord. 2275, Ord. 2364 §191)

Any violation of the provisions of this chapter or of the terms and conditions of a permit approved and issued under this chapter, shall be an infraction punishable by a fine as provided for in Section 1505 of the city Charter.

(Ord. 2275)