Cupertino Municipal Code Ch. 10.44 Parades and Athletic Events

This chapter is adopted for the purpose of regulating parades and athletic events occurring on or within a City street, parking facility, sidewalk or other public right-of-way which obstruct, delay or otherwise interfere with the normal flow of vehicular or pedestrian traffic, or which do not comply with applicable traffic laws or controls.

(Ord. 1628, § 1 (part), 1993)

Unless the contrary is stated or clearly appears from the context, the following definitions shall govern the meaning of the words and phrases used in this chapter:

A. “Aggrieved person” means any person who is adversely affected by a determination made by a City officer or employee pursuant to the provisions of this chapter in a manner significantly greater than the public generally, including but not limited to any applicant whose request for a permit under this chapter is denied.

B. “Athletic event” means any event in which a group of persons collectively engage in a sport or form of physical exercise on or within a City street, parking facility, sidewalk or other public right-of-way which obstructs, impairs or interferes with the public’s free use of such street, parking facility, sidewalk or other public property, including but not limited to jogging, running, walking, bicycling, rollerblading and rollerskating, but excluding participation in a parade.

C. “City” means the City of Cupertino.

D. “City Manager” means the City Manager of Cupertino or his/her designee.

E. “Event” means any parade or athletic event.

F. “Free speech rights” means expressive activity protected by the First Amendment of the United States Constitution or the California Constitution, Article 1, Section 2, provided that such activity is the principal purpose of the event.

G. “Person” means any person, firm, partnership, association, corporation, company or organization of any kind.

H. “Parade” means any organized march, celebration, demonstration or procession of animals, vehicles or persons on or within a City street, parking facility, sidewalk or other public right-of-way which obstructs, impairs or interferes with the public’s free use of such street, parking facility, sidewalk or other public property, but excluding participation in an athletic event.

(Ord. 1640, § 1, 1993; Ord. 1628, § 1 (part), 1993)

There is conferred upon the Director of Community Development those powers and duties necessary for the administration of this chapter including but not limited to acting on all applications for a permit required by this chapter, authority to revoke a permit issued pursuant to this chapter in the manner provided for herein, and the authority to designate City officers and employees as may be required to carry out the purpose of this chapter.

(Ord. 1731, (part), 1996; Ord. 1628, § 1 (part), 1993)

A. It shall be unlawful for any person to engage in, participate in, aid, form, conduct, sponsor or start any parade or athletic event, unless and until a permit for such event has been approved and issued by the Director of Community Development.

B. Exceptions. This chapter shall not apply to:

1. Funeral processions;

2. Students going to and from school classes or participating in educational activities, provided such conduct is under the immediate supervision and direction of the proper school authorities;

3. A governmental agency, and its employees, acting within the scope of its functions.

(Ord. 1731, (part), 1996; Ord. 1628, § 1 (part), 1993)

A. Applications for a permit authorizing an event shall be filed with the Director of Community Development on forms provided by the City and shall contain all of the following information:

1. The name, address and daytime and evening telephone numbers of the person filing the application;

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

3. The name, mailing address, and telephone number of the person who will be present and in charge of the event on the day of the event;

4. The name, mailing address and daytime and evening telephone numbers of an alternate person to contact if an emergency arises and the applicant is unavailable;

5. The proposed date and estimated starting and 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 that will be used in the event;

9. A description of any sound amplification equipment to be employed at the event;

10. The number, size and material of construction of any signs or banners to be used in the event;

11. The parking requirements for the event;

12. The location of any water, first aid, or comfort stations to be provided at the event; and

13. A statement as to whether a permit has been requested or obtained from any other City within which the event shall commence, terminate or occur in part.

B. Additional information required for parades:

1. The location by streets of any proposed assembly points for the parade and the time at which units of the parade will begin to assemble at any such assembly areas;

2. The proposed parade route;

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

4. The number, type and size of floats or other vehicles.

(Ord. 1731, (part), 1996; Ord. 1628, § 1 (part), 1993)

A. Indemnification Requirements. As a condition precedent to the issuance of a permit authorizing an event, the permittee shall enter into an agreement with the City in a form approved by the City Attorney which shall set forth the undertaking of the permittee to indemnify the City, hold the City harmless and reimburse the City from and for any liability, damage or loss occur-ring during the course of the event authorized by such permit where such liability damage or loss is proximately caused by the negligent or intentional act or omission of the permittee, or any person who is under the permittee’s legal control. Additionally, the agreement shall provide that in the event a claim is made against the City, arising out of such negligent or intentional act or admission, the permittee shall defend the city and shall indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise. Such agreement shall be filed with the Director of Community Development prior to the issuance of the permit.

B. Exception. Any event involving the exercise of free speech rights shall be exempt from the indemnification requirements set forth in this section.

(Ord. 1731, (part), 1996; Ord. 1628, § 1 (part), 1993)

A. Insurance Requirements. As a condition precedent to the issuance of a permit authorizing an event, the permittee shall obtain public liability insurance from an insurance company licensed to do business in the State of California and having a financial rating in Best’s Insurance Guide of at least “B.” Such insurance shall provide “occurrence” coverage against liabilities for death, personal injury or property damage arising out of or in any way connected with the event. Such insurance shall be in the amount of at least one million dollars, combined single limit, and shall name the City and the City’s officers, employees and agents as additional insured under the coverage afforded. Also, such insurance shall be primary and noncontributing with respect to any other insurance available to the City and shall include a severability of interest (crossliability) clause. Proof of such insurance, in a form approved by the Director of Community Development, shall be filed with him or her prior to the issuance of the permit and such insurance shall be maintained throughout the course of the event authorized by the permit.

B. Exception. Any event involving the exercise of free speech rights shall be exempt from the insurance requirements set forth in this section.

(Ord. 1731, (part), 1996; Ord. 1628, § 1 (part), 1993)

A. An application for a permit shall be filed with the Director of Community Development at least fifteen working days prior to the date of the proposed event.

B. Late Applications. The Director of Community Development, where good cause is shown, shall allow the filing of an application less than fifteen working days prior to the date of the proposed event. “Good cause” exists where the applicant sets forth facts showing circumstances sufficient to justify the delay based on a reasonably prudent person standard. Lack of knowledge of the filing period does not constitute good cause.

(Ord. 1731, (part), 1996; Ord. 1628, § 1 (part), 1993)

Unless waived by the City Council, every application for a permit authorizing an event shall be accompanied by an application fee in the amount of sixty dollars; provided that no fee shall be charged where the event involves an exercise of free speech rights.

(Ord. 1628, § 1 (part), 1993)

A. As a condition precedent to the issuance of a permit authorizing an event, the permittee shall make a deposit in an amount designated by the Director of Community Development with the City for the reimbursement of the reasonable costs incurred by the City for traffic control and other functions related to the event. If the City’s actual expenses should later prove to be more than the amount deposited, the difference shall be paid to the City by the permittee. If the City’s actual expenses should later prove to be less than the amount deposited, the excess of the deposit shall be refunded to the permittee.

B. Exception. Any event involving the exercise of free speech rights shall be exempt from paying a deposit and reimbursing the City’s costs as set forth in this section.

(Ord. 1731, (part), 1996; Ord. 1628, § 1 (part), 1993)

The Director of Community Development shall approve or deny an application permit within two working days after receipt of the application. If the Director finds that grounds for denying the permit pursuant to Section 10.44.090 do not exist, he or she shall approve the application.

(Ord. 1731, (part), 1996; Ord. 1628, § 1 (part), 1993)

The Director of Community Development shall deny the application for a permit if he or she finds any one of the following:

A. The person applying for the permit has failed to complete the application, including the failure to submit the application fee where required pursuant to Section 10.44.070;

B. The information contained in the application is found to be false in any material respect;

C. An application for another event to be held on the same date as that requested by the applicant has been previously filed or approved, and such other event is so close in time and location to the event proposed by the applicant as to cause undue traffic congestion or to place the City in a position of being unable to meet the need for police services for both events;

D. The time, route or size of the event will substantially interrupt the safe and orderly movement of traffic contiguous to the site or route of the event or disrupt the use of a street at its peak traffic time;

E. The concentration of persons, 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 from reaching areas contiguous to the event;

F. The size of the event will require the diversion of so many police officers to ensure that participants stay within the boundaries or route of the event and to protect participants in the event that police protection to the rest of the City will be seriously jeopardized;

G. The event consists of a parade that will not move from its point of origin to its point of termination expeditiously and without unreasonable delays;

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

I. The event will occur at a time when a school is in session and along a route or at a location adjacent to the school or a class thereof, and the noise created by the event will substantially disrupt the educational activity of such school or class;

J. The material on parade floats is not noncombustible or flame retardant, or motorized parade floats and towing apparatus are not provided with a minimum 2-A, 10-B:C rated portable fire extinguisher readily accessible to the operator, as provided in Uniform Fire Code Section 11.304;

K. The application is not timely submitted and there is insufficient time to investigate and process the application pursuant to the time lines of this chapter.

(Ord. 1731, (part), 1996; Ord. 1628, § 1 (part), 1993)

After the Director of Community Development has determined whether an application for a permit should be approved or denied, he or she shall immediately attempt to notify the applicant orally and shall immediately notify the applicant and the City Attorney in writing of the decision. Both the oral and the written notifications shall describe, with particularity the facts and reasons for any denial. If the application is approved, the Director shall immediately send a copy of the permit to the following:

A. Applicant;

B. Sheriff of Santa Clara County;

C. Director of Public Works;

D. Other public officials responsible for functions deemed likely to be affected by the event; and

E. Any public transportation or other utility, the regular routes of whose vehicles will be affected by the route of the proposed event.

(Ord. 1731, (part), 1996; Ord. 1628, § 1 (part), 1993)

Each permit shall state the following:

A. Starting time;

B. Maximum and minimum speed;

C. Maximum and minimum intervals of space to be maintained between units of the event;

D. The portions of the streets to be traversed that may be occupied by the event; and

E. Maximum length of the event in miles or fractions thereof.

(Ord. 1628, § 1 (part), 1993)

The Director of Public Works is authorized to place barricades on or within the City’s streets, parking facilities, sidewalks or other public rights-of-ways and to undertake other action as may be necessary to cordon off the route or site of an event authorized by a permit. In addition the Director of Public Works is authorized to post the route or site of such event as a no-parking zone for the duration of the event, and may do so sufficiently in advance of the event as may be necessary to prevent vehicles from parking along the route or at the site of the event.

(Ord. 1731, (part), 1996; Ord. 1628, § 1 (part), 1993)

A. No person shall physically obstruct, impede, hamper or otherwise interfere with any event authorized by a permit or with any person, animal or vehicle participating in or used in the event.

B. No person shall drive a vehicle between vehicles or persons traversing the routs of a parade or athletic event authorized by a permit when such vehicles or persons are in motion.

C. No person shall park along or within any portion of the route or site of an event authorized by a permit, when the route or site has been posted as a no-parking zone by the City in the manner authorized by this chapter.

(Ord. 1628, § 1 (part), 1993)

Any aggrieved person may appeal the Director of Community Development’s decision to the City Council by filing a notice of appeal with the City Clerk within forty-eight hours of oral or written notification of the Director's decision, whichever occurs first. The notice of appeal shall be on a form provided by the City Clerk and shall state the reasons why the appellant believes that the decision does not comply with the provisions of this chapter, and shall set forth the relief requested. The appeal shall be heard and decided by the City Council at its first regular or adjourned regular meeting on or after the day following the filing of the notice of appeal. The City Council’s decision shall be final.

(Ord. 1731, (part), 1996; Ord. 1628, § 1 (part), 1993)

A. Mandatory Revocation. The Director of Community Development shall revoke a permit authorizing an event if he or she finds that there were grounds for denying the permit, as set forth in Section 10.44.090, which were first disclosed or otherwise made known to the Director after issuance of the permit and such facts were not discoverable by the exercise of due diligence by the Director prior to the issuance of the permit.

B. Discretionary Revocation. The Director of Community Development may revoke a permit authorizing an event if he or she determines that the event is being conducted in violation of the terms of the permit or that event participants have violated any applicable law or regulation; provided that this subsection shall not authorize the revocation of a permit because of the need to protect participants from the conduct of others unless there are insufficient resources available to provide necessary police protection; and provided further that the Director shall not revoke a permit pursuant to this subsection unless and until he or she advises the permittee or responsible event participants of such violation and provides a reasonable opportunity to correct such violation.

C. Notice of Revocation. When the Director of Community Development finds grounds to revoke permit prior to the date of the event, he or she shall immediately serve a written notice of such decision on the permittee and shall provide copies of the notice to the City Manager, the Mayor, the City Attorney and all other City officers charged with carrying out any responsibilities under this chapter. However, where the Director of Community Development learns of the facts justifying revocation within twenty-four hours of the event, he or she shall announce the decision to revoke the permit at the site of the event. Thereafter, the Director of Community Development shall deliver written notice of such action to the permittee, the City Manager, the Mayor and the City Attorney.

D. Hearing on Revocation. The permittee shall have a right to a hearing before the City Council at its first regular or adjourned regular meeting on or after the day following the filing of a notice appealing the revocation, provided that the event is scheduled at least forty-eight hours after the notice of appeal is filed. The City Council shall issue a final decision orally at the conclusion of the hearing and shall also notify the permittee in writing of its decision.

E. Content of Notice of Revocation. Any notification of action by the Director of Community Development taken pursuant to this section, whether oral or written, shall describe with particularity the facts and reasons for the decision.

(Ord. 1731, (part), 1996; Ord. 1628, § 1 (part), 1993)

The Director of Community Development shall temporarily suspend an event authorized by a permit whenever there is a fire or other emergency that requires the event to be temporarily suspended to protect public safety. When an event is temporarily suspended pursuant to this section, the Director of Community Development shall notify in writing the applicant, the City Manager, the Mayor and the City Attorney within twenty-four hours after the suspension, describing with particularity the facts and the reasons for the suspension.

(Ord. 1731, (part), 1996; Ord. 1628, § 1 (part), 1993)

Any violation of the provisions of this chapter, including any violation of the terms of a permit approved and issued in the manner provided by this chapter, shall be unlawful and punishable as a misdemeanor.

(Ord. 1628, § 1 (part), 1993)