Fresno Municipal Code Art. 21 Funeral Processions

It is the purpose of this article to use the power conferred to local agencies by Section 21100(e) of the California Vehicle Code which authorizes the appointment of persons other than traffic officers to direct traffic in such prescribed situations and locations as may require traffic direction for orderly traffic flow.

(Added Ord. 86-18, § 2, eff. 3-7-86).

(a) Each vehicle participating in a funeral procession shall be operated with its headlights and, if so equipped, its emergency flashers turned on.

(b) No operator of any vehicle shall drive between the vehicles comprising a funeral procession, provided that the vehicles comprising such procession are conspicuously so designated by having their headlights and, if so equipped, emergency flashers turned on.

(c) The directing of all vehicles and traffic on any street over which such funeral procession or parade wishes to pass shall be subject to rules and regulations promulgated by the Police Department.

(Added Ord. 86-18, § 2, eff. 3-7-86).

No person shall stop traffic at intersections or otherwise lead or escort a vehicular funeral procession without first obtaining a permit pursuant to this article.

(Added Ord. 86-18, § 2, eff. 3-7-86).

(a) Any person issued a valid funeral escort permit pursuant to this article and leading or escorting a vehicular funeral procession shall obey all traffic laws, including all speed laws, except that such person is authorized to stop cross-traffic, to enable all vehicles in the funeral procession to proceed together as an unbroken chain, at intersections controlled by:

(1) Stop signs, providing that the permittee remains in the intersection until all funeral procession vehicles have cleared the intersection.

(2) Signal lights, providing that the lead vehicle in the procession enters the intersection with a green light and the permittee remains in the intersection at all times when the procession is proceeding through the intersection.

Notwithstanding the above, an escort rider will not be required to remain in an intersection until the procession passes through if the City, its officers, employees, and agents are named as an insured under the insurance policy provided pursuant to Section 14-2109.

(b) A permittee is authorized to direct traffic in the manner specified in this section only when using a vehicle conspicuously designated "Funeral Escort," wearing an official insignia issued by the Police Chief, and carrying a valid permit issued to him or her as an individual pursuant to this article. No permittee shall wear a uniform similar to that of a Fresno Police Officer.

(c) The Finance Director may order the revocation of a funeral escort permit, in accordance with the procedure specified in Section 14-2110, if the permittee has directed traffic in a manner contrary to that specified in this section.

(Added Ord. 86-18, § 2, eff. 3-7-86).

Applications for a funeral escort permit shall be filed with the city Licensing Division, and shall contain the following:

(a) Name and address of applicant.

(b) Proof of insurance in compliance with Section 14-2109.

(c) Proof of satisfactory completion of a traffic safety program of instruction, as described in Section 14-2111.

(d) Proof that the applicant holds a valid California vehicle operator's license, properly endorsed for the type of vehicle the applicant intends to use while directing vehicular funeral processions.

(e) Permit and insignia fees, as established by resolution of the Council.

(f) Such other information as may be required by the Police Chief or Finance Director. (Added Ord. 86-18, § 2, eff. 3-7-86).

Permits authorized by this article may be denied by the Finance Director upon original or renewal application upon the following grounds:

(a) The application is incomplete; or

(b) Applicant has been convicted of a crime, and the time for appeal has elapsed, or when an order granting probation is made suspending the imposition of sentence, irrespective of the entry of a subsequent order under California Penal Code Section 1203.4; provided, however, that the permit may be denied upon this ground only if the crime is substantially related to the qualifications, functions or duties associated with leading or otherwise escorting a vehicular funeral procession. (Added Ord. 86-18, § 2, eff. 3-7-86).

Funeral escort permits shall be issued by the Finance Director and shall expire on September 30 of the calendar year following the date of issuance unless sooner revoked. Permits shall not be transferable. (Added Ord. 86-18, § 2, eff. 3-7-86).

The funeral escort permittee and his or her funeral escort service employer, if any, shall assume all responsibility for his or her activity and operation, shall bear all losses and damages directly or indirectly resulting to him or her, any subcontractor, the city or city employees that are the result of the performance or character of the operation, unforeseen difficulties, accidents, occurrences or other causes not predicated on negligence of the city. The permittee or his or her funeral escort service employer shall assume the defense of and indemnify and save harmless the city and its officers and employees from all claims, loss, damage, injury, and liability of every kind, nature and description, including punitive damages, directly or indirectly arising from the escorting of a vehicular funeral procession. (Added Ord. 86-18, § 2, eff. 3-7-86).

During the term of a permit issued pursuant to this article, the permittee or his or her funeral escort service shall maintain in full force and effect at the permittee's or his or her employer's own cost a comprehensive auto and general liability insurance policy in an amount no less than Three Hundred Thousand Dollars ($300,000.00) single limit per occurrence, and the funeral home engaging the escort service shall maintain in full force and effect such a policy in an amount no less than Five Hundred Thousand Dollars ($500,000.00) single limit per occurrence, which policies shall:

(a) Be issued by an admitted insurer or insurers as defined by the California Insurance Code.

(b) Cover all losses and damages as specified in Section 14-2108 of this article.

(c) Stipulate that the policy will operate as primary insurance and that no other insurance effected by the city or other named insured will be called on to contribute to a loss covered thereunder.

(d) Provide that no cancellation, change in coverage, or expiration by the insurance company or the insured shall occur during the term of the funeral escort service permit, without thirty days' written notice to the city prior to the effective date of such cancellation or change in coverage.

In the event of failure of any permittee or his or her funeral escort employer to maintain in effect such insurance policy, or in the event such permittee escorts a funeral procession for a funeral home which does not have in effect a policy of insurance as required herein, the Finance Director shall order the cancellation of his or her permit as provided in this Section and Section 14-2110. (Added Ord. 86-18, § 2, eff. 3-7-86).

(a) The Finance Director may revoke, refuse to issue, or refuse to renew a funeral escort service permit only after a hearing granted upon three days' written notice to the permittee. Such notice shall specify the specific ground for the proposed action. At the hearing, to be held by the Finance Director or his designee, the permittee shall be given the opportunity to present witnesses and documentary evidence, to be represented by counsel and to examine all witnesses presented. Issuance of a written notice of cancellation by an insurance company shall be conclusive proof at the hearing of the effective cancellation of an insurance policy. A decision of the Finance Director revoking or denying the permit shall be effective upon the effective date of the cancellation of said insurance or the date when the written decision is signed by the Finance Director, whichever is earlier. The taking or pendency of an appeal under subsection (b) shall not stay the effectiveness of such decision.

(b) If the permittee is dissatisfied with the decision of the Finance Director in ordering the revocation or denial of the permit, such person may file an appeal under Chapter 1, Article 4. If no appeal is filed in the time provided, the decision shall be considered final. (Added Ord. 86-18, § 2, eff. 3-7-86; Am. Ord. 2005-14, § 43, eff. 4-9-05).

Each applicant for a funeral escort permit shall submit to the Police Chief or his designee evidence of the curriculum, including instruction of materials and skills taught and practiced, of an instructional program of traffic safety which the applicant has satisfactorily completed. The Police Chief or his designee shall review and approve each submitted instructional program if the Police Chief or his designee reasonably believes that the program provided the applicant sufficient training to direct traffic as specified in section 14-2104 in a safe and lawful manner. (Added Ord. 86-18, § 2, eff. 3-7-86).

The Police Chief shall approve an official insignia which must be worn by all permittees while directing traffic in the manner specified in Section 14-2104. (Added Ord. 86-18, § 2, eff. 3-7-86).