El Monte Municipal Code Ch. 12.07 Parades and Block Parties

For the purposes of this chapter, the following terms shall have the meanings stated in this section:

"Applicant" means any person who applies for a parade or block party permit pursuant to this chapter.

"Block party" means any organized function or activity designed to utilize an entire street or streets for a specific purpose.

"City" and "city of El Monte" both mean the city of El Monte, California, a municipal corporation located in the county of Los Angeles.

"City Council" means the five (5) member legislative body of the city of El Monte, as defined under Chapter 2.04 (City Council) of Title 2 (Administration and Personnel) of the El Monte Municipal Code.

"Expressive activity" means conduct, the sole or principal object of which is the expression, dissemination or communication by verbal, visual, literary or auditory means of opinion, views or ideas. Expressive activity includes, but is not limited to, public oratory and the noncommercial distribution of literature.

"License and Treasury Division" means the License and Treasury Division of the El Monte Administrative Services Department located at El Monte City Hall East, 11333 Valley Boulevard, El Monte, California 91731.

"Parade" means any parade, march, procession, ceremony, exhibition, or pageant of any kind, consisting of people, animals or vehicles or combination thereof, upon any public street, sidewalk or alley, which does not comply with normal and usual traffic regulations and controls.

"Permit Committee" means the El Monte Permit Committee organized pursuant to Section 5.12.010 of the El Monte Municipal Code.

"Permittee" means any person who has been issued a parade permit pursuant to this chapter.

"Person" means and includes any individual, firm, partnership, association, corporation, company, or organization of any kind.

(Ord. 2656 § 2 (part), 2005: Ord. 2632 § 2 (part), 2004)

No person shall engage in, conduct or carry on the activity of a parade or block party without a parade or block party permit issued pursuant to the provisions of this chapter.

(Ord. 2656 § 2 (part), 2005: Ord. 2632 § 2 (part), 2004)

A. Any person desiring to conduct a parade or block party shall apply to the Permit Committee for a permit at least thirty (30) days in advance of the date of the proposed parade or block party. The City Manager or designee may, for good cause shown, consider any application for a permit to conduct a parade or block party which is filed less than thirty (30) days prior to the date such parade or block party is to be conducted. The application for such permit shall be on a form provided by the Permit Committee, shall be verified, and shall contain the following information:

1. The name, address and telephone number of the person seeking to conduct a parade or block party;

2. If the parade or block party 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 responsible officer of such organization;

3. The name, address and telephone number of the parade or block party chairman, or the individual(s) otherwise responsible for the supervision of the parade or block party (such individual(s) shall be present during the entire parade or block party);

4. The date upon which the parade or block party is to be held;

5. The proposed starting time for such parade or block party and its proposed ending time;

6. The proposed route to be traveled, including the starting point and termination point;

7. The estimated number of persons, animals, and vehicles taking part in the parade or block party, including the type of animals and a description of the vehicles;

8. Whether such parade or block party will occupy all or only one-half of the width of the streets proposed to be traversed;

9. The location by streets to be utilized of assembly and disassembly points for the parade or block party;

10. The time at which units of the parade or block party will begin assembly in the assembly area;

11. The maximum length of the components of the parade or block party;

12. Such additional information as the Permit Committee shall deem reasonably necessary in determining whether or not the permit shall issue under the standards set forth below.

B. Parade or block party permit applications shall be considered filed when they are personally delivered along with all supporting materials to the License and Treasury Division.

(Ord. 2656 § 2 (part), 2005: Ord. 2632 § 2 (part), 2004)

A. Each permit shall expressly provide that the permittee agrees to defend, protect, indemnify and hold free and harmless the city of El Monte, its officers, employees and agents from and against any and all claims, damages, expenses, loss or liability of any kind or nature whatsoever (including damage to property and injury to, or death of persons) arising out of, or resulting from the alleged acts or omissions of the permittee, its officers, agents or employees in connection with the permitted parade or block party; and the permit shall expressly provide that the permittee shall, at the permittee's own cost, risk and expense, defend any and all claims or legal actions that may be commenced or filed against the city of El Monte, its officers, employees or agents, and that the permittee shall pay any settlement entered into and shall satisfy any judgment that may be rendered against the city of El Monte, its officers, employees or agents as a result of the alleged acts or omissions of the permittee or the permittee's officers, agents or employees in connection with the uses, events or activities authorized under the parade or block party permit.

B. As a condition precedent to the issuance of a parade or block party permit, the applicant shall procure general liability insurance from an insurance carrier licensed to do business in the state of California and having a financing 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 parade or block party. Such insurance shall be in the amount of at least two million dollars ($2,000,000.00) combined single limit, and shall name the city of El Monte and its officers, employees and agents as additional insureds under the coverage afforded. Also, such insurance shall be primary and noncontributing with respect to any other insurance available to the city of El Monte and shall include a severability of interest (cross-liability) clause. Evidence in the form of certificates of insurance and endorsements shall be submitted to the Permit Committee upon the submission of the parade or block party permit application. Such insurance shall be maintained and effective at least until the completion of the parade or block party.

C. If the Permit Committee finds, after consultation with the city's Risk Manager, that a particular parade or block party does not present a substantial or significant public liability or property damage exposure for the city of El Monte as proposed or that the parade or block party does not present a substantial or significant public liability or property damage exposure for the city of El Monte with the addition of certain mitigating conditions, the Permit Committee may give a written waiver of the insurance requirements of this section.

D. The insurance requirement set forth under this section shall not be construed to apply to parades or block parties involving expressive activity which enjoys protection under the United States or California constitutions, except that such parades or block parties shall be required to either: (1) agree to indemnify, protect, defend and hold harmless the city of El Monte, its officers and employees against all claims, damages, expenses, loss or liability of any kind or nature whatsoever arising out of, or resulting from, the alleged acts or omissions of the permittee, its officers, agents or employees in connection with the permitted parade or block party; (2) agree to redesign and/or reschedule the parade or block party as proposed to respond to specific risks, hazards and dangers to the public health and safety identified by the Permit Committee as being reasonably foreseeable consequences of the permitted parade or block party; or (3) provide insurance coverage, as required by subsection B of this section.

E. A claim for exclusion and alternative treatment under subsection D of this section shall be filed with and at the same time as an application for a parade or block party permit, and an agreement or proof of insurance, as applicable, shall be provided prior to permit issuance. The Permit Committee may require such proof and documentation as it may deem reasonably necessary to verify the constitutionally protected status of the parade or block party and the applicability of subsection D of this section.

(Ord. 2656 § 2 (part), 2005: Ord. 2632 § 2 (part), 2004)

Upon receipt of the application, the Permit Committee shall transmit notice and a copy of such application to the following:

A. The City Manager;

B. The Chief of Police;

C. The Fire Chief of Los Angeles County or his or her designee;

D. The Code Enforcement Supervisor for the city of El Monte;

E. The Deputy City Manager for Community Services;

F. The Public Works Maintenance Division;

G. The City Engineer; and

H. Any public transportation and/or emergency service provider potentially affected by the closure of public streets.

Each of the foregoing may review and provide a written report to the Permit Committee within five (5) business days after the filing of the parade or block party permit application. Immediately upon the grant of a permit, the Permit Committee shall transmit a copy thereof to each of the departments and organizations in this section.

(Ord. 2656 § 2 (part), 2005: Ord. 2632 § 2 (part), 2004)

A. The Permit Committee (or, in the case of an appeal, the City Council, the City Manager or the City Manager's designee, whichever the case may be) shall issue a permit for a parade or block party upon a finding that:

1. The conduct of the parade or block party will not substantially interrupt the safe and orderly movement of traffic contiguous to its route;

2. The conduct of the parade or block party will not require a diversion of so great a number of police officers to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection to the rest of the city;

3. The concentration of persons, animals and vehicles at the parade or block party or at assembly points of the parade or block party will not unduly interfere with proper fire and police protection of, or ambulance service to, areas in the vicinity of the parade or block party, its assembly area or other areas of the city;

4. The conduct of the parade or block party will not unduly interfere with the movement of firefighting equipment en route to a fire or ambulances responding to emergency calls;

5. The conduct of the parade or block party is not reasonably likely to cause injury to persons or property, provoke disorderly conduct or create a disturbance;

6. The parade or block party is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route;

7. The parade or block party is not proposed for a time and location for which another parade or block party permit or other traffic-generating event has been previously issued;

8. The parade or block party is not proposed for a time and location so close in time and/or location in relation to another permitted parade or block party or traffic-generating event as to cause undue traffic congestion or unduly interfere with proper fire and police protection of, or ambulance service to, areas in the vicinity of the proposed parade or block party and the other parade or block party or traffic-generating event;

9. The area proposed for the parade or block party or for the set-up and dispersal of the parade or block party is capable of physically accommodating the estimated number of parade or block party participants, as reflected in the application submitted pursuant to the requirements of this chapter;

10. The conduct of the parade or block party will not unduly obstruct or interfere with any construction or maintenance work previously scheduled to take place upon or contiguous to any portion of the proposed route.

B. The Permit Committee (or, in the case of an appeal, the City Council, the City Manager or the City Manager's designee, whichever the case may be) shall deny an application for a parade or block party permit where:

1. The Permit Committee, the City Council, the City Manager or the City Manager's designee: (a) makes any finding(s) contrary to the findings required for approval under subsection A of this section, and (b) further finds that such negative findings cannot be sufficiently mitigated by the addition of supplemental conditions; or

2. The information contained in the parade or block party permit application is found to be false in any material respect.

(Ord. 2656 § 2 (part), 2005: Ord. 2632 § 2 (part), 2004)

A. The Permit Committee shall render its decision to approve or deny a parade or block party permit application within fifteen (15) calendar days after the filing of such application.

B. Unless the applicant, or the applicant's representative, is present at the Permit Committee meeting in which the Permit Committee's decision is rendered, the Permit Committee shall notify the applicant of its decision by certified mail, return receipt requested and by facsimile, provided the applicant has provided the Permit Committee with a fax number. The presence of the applicant or a designated representative of the applicant at the meeting in which the Permit Committee's decision is rendered shall constitute actual notice of the decision. Where mailed notice and, if possible, fax notice, is to be given, such notice shall be deposited in the mail and faxed to the applicant within twenty-four (24) hours from the time the decision is rendered.

C. If a parade or block party permit application is approved as proposed or is approved subject to conditions, the applicant shall acknowledge acceptance by filing a written notice of acceptance and by countersigning the permit where indicated.

(Ord. 2656 § 2 (part), 2005: Ord. 2632 § 2 (part), 2004)

A. If a parade or block party permit application is denied because the proposed date, time and/or route is found by the Permit Committee to conflict with any of the approval requirements set forth under Section 12.07.060 of this chapter, the Permit Committee may suggest an alternative date(s), time(s), or route(s) and such other conditions found to mitigate any other negative findings of the Permit Committee.

B. If the applicant wishes to accept an alternative proposal, the applicant shall file a notice of acceptance with the Permit Committee within eight (8) business days (excluding Fridays) after the Permit Committee's decision to deny the application is rendered. Once the applicant has filed a notice of acceptance; countersigned the permit where indicated; and otherwise complied with any other requirements of this chapter, the permit shall be issued.

C. If a notice of acceptance is not filed within the time period provided or if the applicant appeals the Permit Committee's denial, the applicant shall be deemed to have rejected the alternative proposal suggested by the Permit Committee. The Permit Committee's denial of the application shall, thereafter, constitute the Permit Committee's final disposition of the matter.

(Ord. 2656 § 2 (part), 2005: Ord. 2632 § 2 (part), 2004)

A. Any person aggrieved by the Permit Committee's approval or denial of a parade or block party permit application may appeal such decision to the City Council by filing a written notice of appeal. Such notice of appeal shall be filed with the City Clerk within eight (8) business days (excluding Fridays) from the date of the Permit Committee's decision. A hearing on the appeal shall be conducted at the next regularly scheduled City Council meeting held not less than seventy-two (72) hours from the filing date of the notice of appeal. Regular meetings of the City Council are scheduled in accordance with Section 2.04.010 of the El Monte Municipal Code, usually the first and third Tuesday of each month. Notices of appeal and all other supporting materials shall be filed in person with the office of the City Clerk.

B. If the appeal relates to a Permit Committee approval, the notice of appeal shall identify with reasonable specificity those findings and/or permit conditions objected to and the reasons for the objections. If the appeal relates to a Permit Committee denial, the appeal shall identify those findings of the Permit Committee objected to and state the reasons for the objections.

C. At the hearing on the appeal, the City Council shall hear oral and written testimony, including the oral and written testimony of the appellant; receive and consider any relevant information, testimony and documents; and act on the appeal. The City Council shall issue a permit for the parade or block party as proposed if it makes the same findings as are otherwise required of the Permit Committee under Section 12.07.060 of this chapter. The decision of the City Council shall be final.

D. If there is insufficient time for a timely filed appeal to be heard by the City Council prior to the proposed date of a parade or block party, the applicant may, at its option, make a written request that the City Clerk schedule the appeal before the City Manager or the City Manager's designee. The City Manager or the City Manager's designee shall hold a hearing on the appeal no later than the second business day after the filing of the appeal, and shall render his or her decision no later than the next business day after hearing the appeal. The City Manager or the City Manager's designee shall issue a permit for the parade or block party if he or she makes the same findings otherwise required of the Permit Committee under Section 12.07.060 of this chapter. If the appeal is heard before the City Manager or the City Manager's designee, such decision shall be final.

(Ord. 2656 § 2 (part), 2005: Ord. 2632 § 2 (part), 2004)

Each parade or block party permit issued shall specify the following information:

A. The date of the parade or block party;

B. The authorized parade route or block party;

C. The assembly area and the time of assembly;

D. The starting time and ending time of the parade procession or block party;

E. The estimated number of persons expected to participate in the parade or block party;

F. The minimum and maximum speeds to be maintained by vehicles in the parade or block party, if any;

G. The maximum length of components of the parade or block party in miles or fraction thereof;

H. The maximum interval of space to be maintained between units of the parade or block party;

I. The specific portions of streets that are to be maintained between units of the parade or block party;

J. The disassembly area and time therefore;

K. Such other information, as the issuing body shall find necessary for the enforcement of this chapter;

L. Such other standard conditions, as may be required under this chapter;

M. Such other additional conditions, as the issuing body finds necessary to mitigate any negative finding made under Section 12.07.060 of this chapter.

(Ord. 2656 § 2 (part), 2005: Ord. 2632 § 2 (part), 2004)

A. Each permittee hereunder shall comply with all terms, conditions and provisions of the parade or block party permit and with all applicable laws of the state of California and the city of El Monte. Each permittee shall ensure that the person(s) in charge of the parade or block party (i.e., parade or block party officials) will at all times carry a copy of such permit on his or her person during the conduct of the parade or block party.

B. Each permittee shall designate one supervising official to be in overall charge of the parade or block party, and one official to be in charge of the parades or block parties' assembly area. The permittee shall also station one parade or block party official at each entrance of the assembly area, if applicable, and shall also assign at least one parade or block party official for every fifteen (15) parade or block party participants to oversee and direct the safe and orderly movement of the parade or block party procession.

C. If applicable, each permittee shall assign a minimum of two (2) parade or block party officials to the reviewing area to ensure that event units do not spend longer than two (2) minutes at this location.

D. Each permittee shall designate one parade or block party official to be in overall charge of the disassembly area. The permittee shall also station one parade or block party official at each entrance of the disassembly area, if applicable, and at least one parade or block party official for every fifteen (15) parade or block party participants to oversee and control the proper and safe disassembly of the parade or block party participants and any animals or vehicles participating in the parade or block party.

E. The permittee shall ensure that each designated parade or block party official is readily distinguishable through some visible means of identification.

F. The permittee shall ensure that each parade or block party official is provided with specific instructions describing their duties and responsibilities.

G. The permittee shall be responsible for ensuring that any and all vehicles in the parade or block party procession are operated in a safe manner consistent with operational and mechanical requirements of the California Vehicle Code ("CVC"). The use of altered suspensions, occupancy loads and/or modified power sources shall be prohibited. Approval of minor vehicle modifications may be sought and obtained from the appropriate public safety agency (e.g., the California Highway Patrol, the Los Angeles County Fire Department or the El Monte Police Department).

H. Any signs with supports shall have supports, which are made of wood, blunt at each end, not exceeding forty (40) inches in length, be one-fourth inch or less in thickness and two (2) inches or less in width.

I. Use of amplification devices shall be prohibited unless specifically allowed via conditions on the permit.

(Ord. 2656 § 2 (part), 2005: Ord. 2632 § 2 (part), 2004)

The provisions of this chapter shall not apply to funeral processions or to governmental agencies acting within the normal scope of their authorized functions.

(Ord. 2656 § 2 (part), 2005: Ord. 2632 § 2 (part), 2004)

A. The Permit Committee shall revoke a permit authorizing a parade or block party if it finds that there are grounds for denying the permit, which were first disclosed or otherwise made known to the Permit Committee after issuance of the permit and such facts were not discoverable by the exercise of due diligence by the Permit Committee prior to the issuance of the permit.

B. The Permit Committee, the City Manager or the Chief of Police may revoke a permit authorizing an event if it is determined 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 Permit Committee shall not revoke a permit pursuant to this subsection unless and until it advises the permittee of such violation and provides a reasonable opportunity to correct such violation.

C. When the Permit Committee finds grounds to revoke a permit prior to the date of the parade or block party, it shall immediately serve a written notice of such decision on the permittee and shall provide copies of the notice to the City Manager, the City Attorney and all other city officials charged with carrying out any responsibilities under this chapter. However, where the Permit Committee, the City Manager or the Chief of Police learns of the facts justifying revocation within twenty-four (24) hours of the parade or block party, the decision to revoke the permit shall be announced at the site of the parade or block party. Thereafter, the Permit Committee shall deliver written notice of such action to the permittee, the City Manager and the City Attorney.

D. The permittee shall have a right to a hearing before the City Council at its first regularly scheduled meeting on or after the day following the filing of a notice appealing the revocation, provided that the parade or block party is scheduled at least forty-eight (48) hours after the notice of appeal is filed. The hearing on an appeal of a revocation shall be conducted in the same manner as an ordinary appeal under Section 12.07.090 of this chapter.

E. Any notification of action by the Permit Committee taken pursuant to this section, whether oral or written, shall describe with particularity the facts and reasons for the decision.

(Ord. 2656 § 2 (part), 2005: Ord. 2632 § 2 (part), 2004)

The Permit Committee, City Manager or the Chief of Police shall temporarily suspend a parade or block party authorized by a permit whenever there is a fire or other life-threatening emergency that requires the parade or block party to be temporarily suspended to protect public safety. When an event is temporarily suspended pursuant to this section, the Permit Committee, City Manager or the Chief of Police shall notify in writing the permittee within twenty-four (24) hours after the suspension, describing with particularity the facts and the reasons for the suspension.

(Ord. 2656 § 2 (part), 2005: Ord. 2632 § 2 (part), 2004)

No person shall knowingly join or participate in any parade or block party conducted under permit from the Permit Committee in violation of any terms of such permit, nor shall any person knowingly join or participate in any permitted parade or block party without the consent of the permittee, nor in any manner interfere with the parades or block parties progress or orderly conduct.

(Ord. 2656 § 2 (part), 2005: Ord. 2632 § 2 (part), 2004)

A. As a condition precedent to the issuance of a parade or block party permit, the permittee shall make a deposit in an amount designated by the Permit Committee with the city for the reimbursement of the estimated 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 prove to be less than the amount deposited, the excess of the deposit shall be refunded to the permittee.

B. The reimbursement requirement set forth under this section shall not be construed to apply to parades or block parties involving expressive activity which enjoys protection under the United States or California constitutions. A claim for exclusion under this section shall be filed with and at the same time as an application for a parade or block party permit. The Permit Committee may require such proof and documentation, as it may deem reasonably necessary to verify the constitutionally protected status of the parade or block party and the applicability of this section.

(Ord. 2656 § 2 (part), 2005: Ord. 2632 § 2 (part), 2004)

Any violation of this chapter or the terms or conditions of a parade or block party permit by the permittee or any participant in a parade or block party is a misdemeanor.

(Ord. 2656 § 2 (part), 2005: Ord. 2632 § 2 (part), 2004)