Duarte Municipal Code Ch. 11.24 Parades

As used in this chapter the word "person" shall mean and include any individual, firm, copartnership, corporation, city, city and county, municipality, district or other political subdivision.

(Ord. 118 § 1; October 14, 1963)

A person shall not conduct, manage or participate in any parade unless he first procures a permit to do so pursuant to this chapter.

(Ord. 118 § 2; October 14, 1963)

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. 118 § 3; October 14, 1963)

Any person desiring to conduct or manage a parade shall, thirty days before the date on which it is proposed to conduct such a parade, file with the county sheriff, acting as the police agency of the city of Duarte, a verified application on a form furnished by the sheriff setting forth the following information:

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

(b) 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.

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

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

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

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

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

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

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

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

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

If such parade is designed 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. 118 § 4; October 14, 1963)

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:

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

(b) 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 remainder of the city of Duarte.

(c) 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.

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

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

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

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

(Ord. 118 § 5; October 14, 1963)

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 alternative date, time and route. If the applicant desires to accept the proposed date, time and route, he may, within five days file a notice of acceptance with the sheriff; and the sheriff shall proceed to issue the permit.

(Ord. 118 § 6; October 14, 1963)

Such permits shall prescribe 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 streets to be traversed may be occupied by such parades.

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

(Ord. 118 § 7; October 14, 1963)

The sheriff shall within ten days after the filing of such application act thereon. If the sheriff finds that such permit should not be issued, he shall immediately notify the city administrator of such findings, together with the reasons therefor and shall mail within ten 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. 118 § 8; October 14, 1963)

The applicant for such permit may within seven days after notice of rejection of such application is mailed, file with the city clerk a request for hearing, upon such application.

(Ord. 118 § 9; October 14, 1963)

The city clerk, upon receipt of a request for hearing filed in the time and manner provided in Section 11. 24. 090, shall set the matter for hearing before the city council at the next regular meeting of the city council. The city clerk shall give to the applicant written notice by first class mail of the date, time and place of the hearing. At such hearing, the applicant shall have the right to be heard and to present witnesses on his behalf, The determination of the city council as to the granting or denial of the permit shall be final.

(Ord. 118 § 10; October 14, 1963)

Upon receipt of an application to hold a parade, the sheriff shall forward one copy of the application to the city administrator.

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

(Ord. 118 § 11; October 14, 1963)

The sheriff shall have authority, in his discretion, to consider any application for a parade which was filed less than thirty days before the date on which such parade is proposed to be conducted.

(Ord. 118 § 12; October 14, 1963)

Any person, firm or corporation violating any provision of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable as provided in Section 1. 04. 100 of this code.

(Ord. 118 § 14; October 14, 1963)