Fresno Municipal Code Art. 24 City of Fresno Parade and Other Special Events

This article shall be known as the City of Fresno Parade and Other Special Events Ordinance.

(Added Ord. 87-76, § 3, eff. 6-16-87).

It is the purpose of this article to establish standards for the issuance of a permits for parades, athletic events, and other special events in the City of Fresno including a coordinated process for managing the event to protect the health and safety of event patrons, residents, workers, and other visitors, to prohibit illegal activities from occurring at such events, and to protect the rights of special event permit holders. It is the intent of the City Council to protect the rights of people to engage in Expressive Activity in the City's public spaces, and to establish reasonable time, place, and manner regulations for these activities. It is further intended to create mechanisms for cost recovery and use charges, to the extent authorized by law, while not unduly impacting the viability of such events.

(Added Ord. 87-76, § 3, eff. 6-16-87; Am. Ord. 2018-39, § 1, eff. 7-27-18).

(a) "Applicant" shall mean any person or organization that seeks a special event permit from the Controller to conduct or sponsor an event governed by this chapter. An applicant must be 18 years of age or older.

(b) "Athletic Event" shall mean an occasion in which a group of persons collectively engage in a sport, or form of physical exercise, and which is conducted on any city street, sidewalk, alley, or other public right-of-way, or other property owned or controlled by the city, which obstructs, delays, impedes, impairs or interferes with the usual, normal and free pedestrian or vehicular use, or does not comply with traffic laws and controls. Athletic events include, but are not limited to, bicycle and foot races.

(c) "Block Party" shall mean a festive gathering on a residential street requiring a closure of a street, or portion thereof, to vehicular traffic, and use of the street for the festivity including barbecues, picnics, music, games or dances.

(d) "Controller" shall mean ex-officio treasurer of the city.

(e) "Event" shall mean a parade, athletic event, or other special event.

(f) "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 opinions, views, or ideas protected under the First Amendment to the United States Constitution and Article I of the California Constitution. Expressive Activity may include, but is not limited to, parades, public oratory, and the distribution of literature.

(g) "Parade Route" shall mean a route (course of travel) along designated streets, sidewalks or other street rights-of-way which shall be pre-established by the City Manager for use by parades or special events whose primary purpose is Expressive Activity. Each Parade Route shall specify the number of officers to be assigned for police crowd and traffic control. Parade Routes shall be published on the city's website, along with the fee schedule for police, crowd, and traffic control services.

(h) "Other Special Event" shall mean street fair, art and craft show, carnival, block party, or other neighborhood activity, picnic, dance, promotional or fund raising activities, community celebrations, and other special events which occur on any city street, sidewalk, alley, or other public right-of-way, or other property owned or controlled by the city, or any event, so as to impede, obstruct, impair, delay, or interfere with the usual, normal and free pedestrian or vehicular use, or which requires, in the judgment of the Chief of Police, the deployment of peace officers for crowd and/or traffic control.

(i) "Parade" shall mean and include a parade, march, procession, pageant, review, ceremony, or exhibition consisting of persons, animals, or vehicles, or a combination thereof, which is conducted in, or upon, or along any portion of any city street, sidewalk, alley, or other public right-of-way, or other property owned or controlled by the city, which obstructs, delays, impedes, impairs or interferes with the usual, normal and free pedestrian or vehicular use, or does not comply with traffic laws or controls.

(j) "Permit Application Fee" shall mean the fee to be paid by the special event permit applicant at the time the application is filed with the Controller. A fee schedule shall be authorized or established by resolution of the Council and shall cover the actual full costs (or a portion thereof) of processing and investigating special event applications.

(k) "Permittee" shall mean any person or organization that has been issued a special events permit by the Controller.

(l) Any authority or responsibility assigned to a city official under this chapter may be delegated to and exercised by an authorized subordinate of that official, with the approval of the City Manager.

(Added Ord. 87-76, § 3, eff. 6-16-87; Am. Ord. 88-32, §§ 1, 2, eff. 3-25-88; Am. Ord. 2018-39, § 2, eff. 7-27-18).

Any person desiring to conduct or sponsor a parade, athletic event, or other special event on city property or right of way, shall first obtain a special event permit from the Controller. However, a special event permit is not required for the following:

(a) Parades, athletic events or other special events that occur exclusively on city property under the jurisdiction of the city Parks, After School, Recreation and Community Services Department (those events are governed by Chapter 5, Article 5, of this Code.); or any events taking place pursuant to a lease or other agreement with the city.

(b) Funeral processions;

(c) Parades, marches, walks, demonstrations, and gatherings that take place on city sidewalks (including pedestrian street crossings) and other public property made available for Expressive Activities, where every participant fully complies with all laws, including but not limited to vehicular and pedestrian traffic laws, noise regulations, and all lawful direction from law enforcement authorities. For any such activity under this paragraph in which it is reasonably anticipated or for which the organizer becomes aware the number participating will exceed 50 individuals, the organizer of the activity shall provide notice to the Chief of Police at least 48 hours in advance of the activity, or as soon as the organizer becomes aware the event may exceed 50 people. Any activity otherwise exempt from obtaining a parade permit under this paragraph may be terminated and participants ordered to disperse by the Chief of Police if, after warning the participants and providing them with an opportunity to comply, participants are not in compliance with the regulations set forth in this paragraph.

(d) Spontaneous events, which are prompted, occasioned, or generated by news or affairs coming into public knowledge less than forty-eight hours prior to such event, may be conducted on the public grounds of City Hall, and any other area designated by Council resolution, the City Manager, or as published on the city's website. If practicable, the organizers should give notice to the City Manager at least eight hours prior to the event informing the city of the date and time of the event, and providing an estimate of the approximate number of persons who will be participating.

(e) If, in connection with any event organized pursuant to subsection (c) or (d) of Section 14-2404, any event organizer, or the organizer's officers, employees, agents, or any other person under the organizer's control, is arrested or cited for any unlawful activity, for eighteen months following the arrest or citation, events organized by the event organizer, whether a natural person or organization, or the person arrested or cited, will be required to obtain a permit, even if the event would otherwise be exempt under subsection (c) or (d) of Section 14-2404.

(Added Ord. 87-76, § 3, eff. 6-16-87; Am. Ord. 2018-39, § 3, eff. 7-27-18).

(a) Any person desiring to sponsor a parade, athletic event, or other special event not exempted by Section 14-2404, shall apply for a special event permit by filing a verified application with the Controller on a form supplied by the Controller. If the application is for a parade or other special event along a Parade Route, the application should be filed not less than thirty calendar days before the date on which the event is to occur. All other applications shall be submitted not less than sixty calendar days before the event date.

(b) Upon a showing of good cause, the Controller shall consider an application which is filed after the filing deadline if there is sufficient time to process and investigate the application, and obtain police services for the event. Good cause can be demonstrated by the applicant showing that the circumstances which gave rise to the permit application did not reasonably allow the participants to file within the time prescribed, and that the event is for the purpose of engaging in Expressive Activity.

(c) The application for a permit shall be accompanied by a nonrefundable permit application fee as set forth in the Master Fee Schedule.

(d) Any indigent natural person who cannot apply for a permit because of an inability arising from such indigence to pay the application fee shall not be required to pay the fee. Applications for indigent status shall be made upon application for the permit, and shall be accompanied by such relevant information and documentation as is reasonably necessary to verify indigence and to verify participation in the group or organization promoting the event. For purposes of this Section 14-2405(d), an indigent person is one who is eligible for county relief pursuant to Section 17000 et seq. of the Welfare and Institutions Code, or his or her gross household income is 125% or less of the federal poverty line.

(e) An organization in which a majority of its members meet the criteria for indigent status, as established in subsection (d) of this Section 14-2405, shall also be eligible for application fee waiver.

(Added Ord. 87-76, § 3, eff. 6-16-87; Am. Ord. 2018-39, § 4, eff. 7-27-18).

The application for a special event permit shall provide the following information:

(a) All Events:

(1) The name, address, and telephone number of the applicant and an alternate contact person.

(2) If the event is proposed to be sponsored by an organization, the name, address and telephone number of the organization, and the authorized head of the organization. If requested by the Controller, written authorization to apply for the special event permit by an officer of the organization.

(3) The name, 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 nature/purpose of the event.

(5) Date and estimated starting and ending time of the event.

(6) Location of the event including its boundaries.

(7) Estimated number of participants in the event.

(8) The type and estimated number of vehicles, animals, and structures which will be used at the event.

(9) Description of any sound amplification equipment which will be used at the event.

(10) Whether any food or beverages will be sold at the event.

(11) Whether monitors or private security will be employed at the event.

(12) Parking requirements for the event.

(b) Additional information required for parades, races, and other events occurring along a route:

(1) The assembly point for the event, the time at which units of the parade or other event will begin to assemble.

(2) The route to be traveled.

(3) Whether the parade or other event will occupy all or only a portion of the streets proposed to be traversed.

(4) The intervals of space to be maintained between units of a parade or other event.

(5) The number, types, and size of floats.

(6) Material and maximum size of any signs or banners to be carried along the route.

(c) Supplemental Information: Any supplemental information which the Controller shall find reasonably necessary, under the particular circumstances of the special event application, to determine whether to approve, or conditionally approve, a special event permit pursuant to Sections 14-2408 and 14-2409.

(Added Ord. 87-76, § 3, eff. 6-16-87).

The Controller shall approve, conditionally approve, or deny an application for the grounds specified in Section 14-2408. Such action shall be taken no later than five city-business days after receiving a completed application for an event along a pre-established Parade Route. Action on all other special event applications shall be taken no later than ten city-business days after receiving a completed application. If the application is denied, or conditionally approved, the Controller shall inform the applicant of the grounds for denial in writing, or the reason for a change in the date, time, route, or location of the event, and the applicant's right of appeal. If the Controller relied on information about the event other than that contained in the application, the Controller shall inform the applicant in writing what information the Controller considered. The applicant shall be notified of any permit conditions at the time the application is approved and of the applicant's right of appeal of the permit conditions. If the Controller refuses to consider a late application under Section 14-2405(b), the Controller shall inform the applicant in writing of the Controller's reason for the refusal, and of the applicant's right of appeal. The Controller shall send the written notice of decision within two City-business days of making the decision.

(Added Ord. 87-76, § 3, eff. 6-16-87; Am. Ord. 2018-39, § 5, eff. 7-27-18).

(a) The Controller or his or her designee shall approve an application for a special event permit unless he or she determines from a consideration of the application, or other pertinent information, any of the following which shall also be justification for the Controller to revoke a previously issued permit:

(1) Information contained in the application, or supplemental information requested from the applicant, is found to be false in any material detail;

(2) The applicant fails to complete the application form within five calendar days after having been notified of the additional information or documents required;

(3) The sole purpose of the event is advertising of any product, good, ware, merchandise or event, and is designed to be held solely for private profit and not for Expressive Activity;

(4) Another special event permit application has been received prior in time, or has already been approved, to hold another event at the same time and place requested by the applicant, or so close in time and place as to cause undue traffic congestion, or the police department is unable to meet the needs for police services for both events;

(5) The time, route, or size of the event will substantially interrupt the safe and orderly movement of traffic contiguous to the event site or route, or disrupt the use of a street between the hours of 7:00 a.m. and 10:00 a.m., or between the hours of 4:00 p.m. and 6:00 p.m., Monday through Friday, unless event will occur on a national holiday;

(6) The concentration of persons, animals, and vehicles at the site of the event, or the assembly and disbanding areas around an event, will prevent proper police, fire, or ambulance services to areas contiguous to the event;

(7) The size of the event will require diversion of so great a number of police officers of the city to ensure that participants stay within the boundaries or route of the event, or to protect participants in the event, as to prevent normal protection to the remainder of the city. Nothing herein authorizes denial of a permit when additional peace officers would be available to the city under applicable State law or mutual aid plans, if requested by the city in advance of the event. Nothing herein authorized denial of a permit because of the need to protect participants from the conduct of others, if reasonable permit conditions can be imposed to allow for adequate protection of event participants with the number of police officers available to police the event;

(8) The parade, or other special event moving along a route, will not move from its point of origin to its point of termination in three hours or less unless approved by the Police Department;

(9) The location of the event will substantially interfere with any construction or maintenance work scheduled to take place upon or along the city streets, or along any public right of way, or where construction work is scheduled in connection with a previously granted encroachment permit;

(10) The event shall occur at a time when a school is in session at a route or location adjacent to the school or class thereof, and the noise created by the activities of the event would substantially disrupt the educational activities of the school or class thereof;

(11) The applicant fails to comply with any conditions of approval including, but not limited to:

(i) Payment of any fees, charges, or deposits due to the city; or

(ii) Submittal of an indemnification agreement or proof of insurance to the extent required; or

(12) The applicant fails to agree as a condition of permit issuance that if city property is destroyed or damaged by reason of permittee's event, and the damage or destruction is directly attributable to the permittee or persons under the control of the permittee, the permittee shall reimburse the city for the actual replacement or repair of the cost of the destroyed or damaged property;

(13) The applicant has damaged city property, and has not paid in full for such damage, or has other outstanding and unpaid debts related to a prior special event permit issued by the city.

(b) When the grounds for denial of an application for permit specified in subsections (a)(4) through (a)(13) above, can be corrected by altering the date, time, duration, route, or location of the event, the Controller shall instead of denying the application conditionally approve the application upon the applicant's acceptance of conditions for permit issuance. The conditions imposed shall provide for only such modification of the applicant's proposed event as are necessary to achieve compliance with subsections (a)(4) through (a)(13) above.

(Added Ord. 87-76, § 3, eff. 6-16-87; Am. Ord. 2018-39, § 6, eff. 7-27-18).

The Chief of Police may also condition the issuance of a special events permit by imposing reasonable requirements concerning the time, place, and manner of the event, and such requirements as are necessary to protect the safety of persons and property, and the control of traffic, provided such conditions shall not unreasonably restrict the right of free speech, and provided no consideration may be given to the perspective of the speaker. If the Chief of Police imposes conditions on the issuance of a special events permit, the Chief of Police shall inform the applicant in writing of the reasons for the conditions, and the applicant's right of appeal. Such conditions include:

(a) Alteration of the date, time, route or location of the event proposed on the event application;

(b) Conditions concerning the area of assembly and disbanding of parade or other special events occurring along a route;

(c) Conditions concerning accommodation of pedestrian or vehicular traffic, including restricting the event to only a portion of a street traversed;

(d) Requirements for the use of traffic cones, signage, or barricades;

(e) Requirements for provision of first aid or sanitary facilities;

(f) Requirements for use of event monitors, and providing notice of permit conditions to event participants;

(g) Restrictions on the number and type of vehicles, animals, or structures at the event;

(h) Compliance with animal protection ordinances and laws;

(i) Requirements for use of garbage containers, cleanup and restoration of city property;

(j) Restrictions on use of amplified sound;

(k) An application for a special event permit to conduct a block party may be conditioned on notice and approval by fifty percent of the residents of dwellings along the affected street(s).

(l) Compliance with any relevant ordinance or law and obtaining any legally required permit or license.

(Added Ord. 87-76, § 3, eff. 6-16-87; Am. Ord. 2018-39, § 7, eff. 7-27-18).

(a) The applicant shall have the right to appeal the denial of a permit or a permit condition, including, but not limited to, any fees associated with a permit condition, to the City Manager by filing a written notice of such appeal with the City Manager within five city-business days of the decision if the applicant wishes to keep the original event date set forth in the application, or within ten city-business days if the applicant chooses to change the date of the event to accommodate a longer appeal period. The City Manager shall decide the appeal within five city-business days. The City Manager's decision may be appealed to the administrative hearing officer, pursuant to Sections 1-401 et seq. of this Code. The applicant shall also have the right to appeal the amount of clean-up deposits imposed pursuant to Section 14-2415, or a determination by the city that the applicant's insurance policy does not comply with the requirements specified in Section 14-2413.

(b) The hearing under Chapter 1, Article 4 shall be held no later than five business days after the filing of the appeal of the City Manager's decision, and the decision shall be rendered no later than two business days after the date of the hearing.

(c) In the event the appeals process extends beyond the original event date set forth in the application, the applicant may select a new date for the event and update its existing application without resubmitting a new application.

(Added Ord. 87-76, § 3, eff. 6-16-87; Am. Ord. 88-32, § 3, eff. 3-25-88; Am. Ord. 98-65, § 27, eff. 10-1-98; Am. Ord. 2005-14, § 44, eff. 4-9-05; Am. Ord. 2018-39, § 8, eff. 7-27-18).

The Controller shall issue the special events permit once the application has been approved, and the applicant has agreed in writing to comply with the terms and conditions of the permit, and the following sections of this ordinance have been complied with:

(a) Section 14-2412 pertaining to indemnification.

(b) Section 14-2413 pertaining to insurance.

(c) Section 14-2415 pertaining to cleanup deposits (when applicable).

(Added Ord. 87-76, § 3, eff. 6-16-87; Am. Ord. 88-32, § 4, eff. 3-25-88).

Prior to the issuance of a special event permit, the permit applicant and authorized officer of the sponsoring organization (if any), must sign an agreement to reimburse the City of Fresno for any costs incurred by it in repairing damage to city property occurring in connection with the permitted event proximately caused by the actions of the permittee/sponsoring organization, its officers, employees, or agents, or any person who was, under the permittee's/sponsoring organization's control insofar as permitted by law. The agreement shall also provide that the permittee/sponsoring organization shall hold harmless, indemnify and defend the City of Fresno, its officials, members, agents and employees against any claims, costs, damages, demands, liability and notices, or any of these, arising or resulting from any damage or injury proximately caused by actions of the permittee/sponsoring organization in connection with the permitted event. Persons who merely join in a parade or event are not considered by that reason alone to be "under the control" of the permittee/sponsoring organization.

(Added Ord. 87-76, § 3, eff. 6-16-87; Am. Ord. 2018-39, § 9, eff. 7-27-18).

(a) The applicant/sponsor of an event must possess or obtain public liability insurance to protect against loss from liability imposed by law for damages on account of bodily injury and property damage occurring in connection with the permitted event proximately caused by the actions of the permittee, its officers, employees, or agents, or any person who was, under the permittee's control insofar as permitted by law. Persons who merely join in a parade or event are not considered by that reason alone to be "under the control" of the permittee. Such insurance shall name on the policy or by endorsement as additional insureds the City of Fresno, its officers, employees, and agents. Insurance coverage must be maintained for the duration of the event. Coverage shall be a comprehensive general liability insurance policy with minimum limits of $1 million per occurrence, $2 million aggregate.

If food or non-alcoholic beverages are sold or served at the event, the policy must also include an endorsement for products liability in an amount not less than $250,000. If alcoholic beverages are sold or served at the event, the policy must also include an endorsement for liquor legal liability in an amount not less than $1 million per occurrence, $2 million aggregate.

(b) A copy of the policy or a certificate of insurance along with all necessary endorsements must be filed with the Controller no less than five days before the date of the event unless the Controller for good cause waives the filing deadline. The special event permit shall not be issued by the Controller until after the insurance policy or certificate of insurance along with necessary endorsements have been filed by the applicant/sponsor and approved by the Controller.

(c) The insurance requirements of subsections (a) and (b) above shall be waived by the Controller for nonathletic events if the applicant or an officer of the sponsoring organization signs a verified statement that he or she believes the event's purpose is Expressive Activity, as defined in Section 14-2403, and the applicant or officer produces satisfactory evidence that complying with the insurance provision would preclude the proposed event from occurring. The statement shall include the name and address of at least one insurance agent or other source for insurance coverage contacted to determine insurance premium rates for insurance coverage.

(Added Ord. 87-76, § 3, eff. 6-16-87; Am. Ord. 2018-39, § 10, eff. 7-27-18).

(a) Prepayment of Fees. Upon approval of an application for a special event permit, the Chief of Police shall provide the applicant with a statement of the estimated cost of providing police officers for crowd and traffic control at the event. The applicant/sponsor of the event shall be required to prepay the crowd and traffic control fees prior to the issuance of a special event permit. Traffic and crowd control by officers includes clearing the event route or site of unauthorized vehicles, diversion of traffic around the event, and directing pedestrian and vehicular traffic along the route of an event.

(b) Computing Traffic Control Fees. The traffic control fees will be computed by determining the number of police officers who will be required for crowd and traffic control in addition to those who would otherwise be on duty at that time, the number of hours the officers will be on duty for the event, and the city's actual cost of providing officers on an hourly basis as established by the Police Department fee schedule. In determining crowd and traffic control fees, the Council shall establish fees upon the recommendation of the Chief of Police based on the applicant/sponsor's use of monitors for the event.

(c) Refunds or Underpayments. If the actual cost for crowd and traffic control on the date of the event is less than the estimated cost pursuant to subsection (a) above, the applicant/sponsor will be promptly refunded the difference by the Controller. Should the actual cost to the city by reason of the event exceed the estimated cost, the applicant/sponsor shall pay the balance upon demand by the Controller.

(d) Pre-established Parade Routes and Fees. Pre-established Parade Routes shall specify the number of officers assigned for police traffic control on those routes. The fee schedule for police crowd and traffic control services shall be made available to the public.

(e) Waiver of Fees. Crowd and traffic control fees shall be waived by the Chief of Police for Expressive Activities if the following conditions are satisfied:

(1) The applicant or an officer of the sponsoring organization signs a verified statement that he or she believes the event's purpose is Expressive Activity, as defined in Section 14-2403, and the applicant qualifies as indigent pursuant to Section 14-2405(d) or (e); and

(2) The applicant or sponsor selects one of the pre-established Parade Routes.

(f) The Council may establish by resolution(s) policies and procedures that may authorize additional designated Parade Routes or locations and/or fee waiver programs for Expressive Activities.

(Added Ord. 87-76, § 3, eff. 6-16-87; Am. Ord. 2018-39, § 11, eff. 7-27-18).

(a) The applicant/sponsor of an event involving the sale of food or beverages, erection of structures, horses or other large animals, or water aid stations shall be required to provide a cleanup deposit prior to the issuance of a special event permit. The cleanup deposit shall be in the amount established in the Master Fee Resolution.

(b) The cleanup deposit shall be returned to the applicant/sponsor after the event if the area used for the permitted event has been cleaned and restored to the same condition as existed prior to the event.

(c) If the property used for the event has not been properly cleaned or restored, the applicant/sponsor shall be billed for the actual cost incurred by the city for cleanup and restoration, and the cleanup deposit, or a portion thereof, shall be applied toward payment of the bill. If the applicant/sponsor disputes the bill, he may appeal to the city Controller within five days after receipt of the bill. Should there be any unexpended balance on deposit after completion of the work, this balance shall be refunded to the applicant/sponsor. Should the amount of the bill exceed the cleanup deposit, the difference shall become due and payable to the city upon the applicant's receipt of the bill.

(a) The applicant/sponsor of an event shall comply with all terms, and conditions of the special event permit.

(b) Each permittee/sponsor of an event shall ensure that the person leading a parade or other event along a route, or the person in charge of any other event shall carry the special event permit on his person for the duration of the event.

(c) Each permittee/sponsor of an event shall ensure the area used for the permitted event is cleaned and restored to the same condition as existed prior to the event, immediately following the completion of the event.

(Added Ord. 88-66, § 2, eff. 6-10-88).

It shall be unlawful for any person to sponsor or conduct a parade, athletic event or other special event requiring a special event permit, under Section 14-2404, unless a permit has been issued for the event. It is unlawful for any person to participate in such an event with the knowledge that the sponsor of the event has not been issued the required permit. Nor shall any person interfere with or disrupt a lawful parade, athletic event, or other special event.

(Added Ord. 87-76, § 3, eff. 6-16-87).

The special event permit authorized the permittee/sponsor to conduct only such event as is described in the permit, and in accordance with the terms and conditions of the permit. It is unlawful for the permittee/sponsor to willfully violate the terms and conditions of the permit, or for any event participant with knowledge thereof, to willfully violate the terms and conditions of the permit.

(Added Ord. 87-76, § 3, eff. 6-16-87).

Any person willfully violating any provision of the Parade and Other Special Events Ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine as set forth in the Master Fee Schedule for each violation of the Ordinance. Upon election of the City Attorney, such violations may be addressed by either prosecution as an infraction or administrative citation pursuant to Sections 1-308 et seq. of this Code. Appeal of an administrative citation may be made pursuant to Sections 1-308 et seq. Violators may be liable for penalties in the amount set forth in the Master Fee Schedule and for the actual full costs incurred by the city, including but not limited to attorney's fees, police services and/or traffic control provided for, or because of, the event.

(Added Ord. 87-76, § 3, eff. 6-16-87; Am. Ord. 2018-39, § 12, eff. 7-27-18).