Diamond Bar Municipal Code Ch. 10.32 Parades

Footnotes:

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State Law reference— Authority to regulate processions and assemblages, Vehicle Code § 21100(a).

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Person means and includes any individual, firm, copartnership, corporation, city, and city and county, municipality, district, or other political subdivision.

(Ord. No. 14(1989), § 2(15.88.010), 6-27-89)

Cross reference— Definitions generally, § 1.00.070.

A person shall not conduct, manage or participate in any parade unless he first procures from the sheriff a permit so to do.

(Ord. No. 14(1989), § 2(15.88.020), 6-27-89)

A person shall not conduct, manage, or participate in any way in any parade unless a permit has first been procured therefor, and shall not conduct, manage or participate in any parade in violation of or in any manner contrary to the provisions of such permit.

(Ord. No. 14(1989), § 2(15.88.030), 6-27-89)

(a) Any person desiring to conduct or manage a parade shall, within ten days before the date on which it is proposed to conduct such a parade, file with the county sheriff a verified application on a form furnished by the sheriff, setting forth the following information:

(1) The name of the person or organization wishing to conduct such parade.

(2) 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 the authorized and responsible head of such organization.

(3) The name, address and telephone number of the person who will be the parade chairman and will be responsible for its conduct.

(4) The name, address and telephone number of the person or organization to whom the permit is desired to be issued.

(5) The date when such parade is to be conducted.

(6) The route to be traveled, the starting point, and the termination point.

(7) The approximate number of persons who, and animals and vehicles which, will constitute such parades; the type of animals, and a description of the vehicles.

(8) The hour when such parade will start and terminate.

(9) Whether such parade will occupy all or only one-half of the width of the streets proposed to be traversed.

(10) A description of assembly and disassembly areas and streets to be used by such parade.

(11) The time at which units of the parade will begin to assemble at any such assembly area.

(12) The interval of space to be maintained between units of such parade.

(b) If such parade is desired to be held by and on behalf of or for any organization other than the applicant, the applicant for such permit shall file with the sheriff a communication in writing from such organization, authorizing the applicant to apply for such permit on its behalf.

(Ord. No. 14(1989), § 2(15.88.040), 6-27-89)

The sheriff shall issue a permit for a parade if, from a consideration of the application, or such other information as the sheriff may otherwise obtain, or both, the sheriff finds that:

(1) The conduct of such parade will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route.

(2) The conduct of such parade will not require the diversion of so great a number of deputy sheriffs to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection to the rest of the unincorporated territory.

(3) The concentration of persons, animals and vehicles at the assembly areas of the parade will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such assembly areas.

(4) The conduct of such parade will not interfere with the movement of firefighting equipment en route to a fire.

(5) The conduct of such parade is not reasonably likely to cause injury to persons or property.

(6) Such parade will move from its point of origin to its point of termination expeditiously and without stopping en route.

(7) The conduct of such parade will not obstruct any construction or maintenance work scheduled to take place upon public roads.

(Ord. No. 14(1989), § 2(15.88.050), 6-27-89)

If the conduct of the parade on the proposed date, time and route is found by the sheriff to conflict with any of the requirements of this chapter, he may suggest an alternate date, time and route. If the applicant desires to accept the proposed date, time and route, he may, within one day, file a notice of acceptance with the sheriff, and the sheriff shall proceed to issue the permit.

(Ord. No. 14(1989), § 2(15.88.060), 6-27-89)

Such permits shall prescribe the following:

(1) Starting time;

(2) Minimum speed;

(3) Maximum speed;

(4) Maximum interval of space to be maintained between the units of such parade;

(5) What portions of the streets to be traversed may be occupied by such parades; and

(6) The maximum length of such parades in miles or fractions thereof.

(Ord. No. 14(1989), § 2(15.88.070), 6-27-89)

The sheriff shall, within seven days after the filing of such application, act thereon. If the sheriff finds that such permits should not be issued, he shall immediately notify the supervisors of the districts in which such parade was proposed to be held of such finding, together with the reasons therefor, and shall mail within three days after the date on which the application is filed a notice of his action denying the permit, stating in general terms the reason for denial of such permit.

(Ord. No. 14(1989), § 2(15.88.080), 6-27-89)

(a) Upon a denial by the sheriff of an application made pursuant to section 10.32.040, the applicant may appeal from the determination of the sheriff within five days thereafter to the city council by filing a written notice of appeal for hearing by the city council at its next regular meeting. Upon such appeal, the city council may reverse, affirm or modify in any regard the determination of the sheriff.

(b) If an application is not filed within the required time, the applicant may request a waiver of such requirement by the city council at its next regular meeting, or at a special meeting which may be called prior thereto by the city council to consider such matter, and the city council, if it finds unusual circumstances and in the exercise of its sound discretion, may waive such requirement.

(Ord. No. 14(1989), § 2(15.88.090), 6-27-89)

(a) Upon receipt of an application to hold a parade, the sheriff shall forward one copy of the application to the office of the supervisors in whose districts the parade is proposed to be held.

(b) Upon approval of a permit, the sheriff shall be responsible for notifying the city engineer, fire chief and health officer, as well as all public utilities to be affected by the proposed parade.

(Ord. No. 14(1989), § 2(15.88.100), 6-27-89)

Any permit for a parade issued pursuant to this chapter may be revoked by the sheriff at any time when by reason of disaster, public calamity, riot or other emergency or because of an unusual change in circumstances, or because the permit was issued through mistake or inadvertence, and the sheriff determines that the safety and convenience of the public or property requires such revocation. Notice of such action revoking a permit shall be delivered immediately after the revocation in writing to the permittee by personal service or by certified mail.

(Ord. No. 14(1989), § 2(15.88.110), 6-27-89)

Every person violating any provision of this chapter is guilty of a misdemeanor punishable as provided in section 1.04.010.

(Ord. No. 14(1989), § 2(15.88.130), 6-27-89)