Kern County Municipal Code Ch. 12.32 Parades

The following words shall have the following meaning when used in this chapter unless it clearly appears from the context that a different meaning is intended. All other words and/or phrases shall be given ordinary meaning.

A. "Highway" means any public street, highway, alley, sidewalk, public park or other public property in the unincorporated area of the county of Kern.

B. "Parade" means any organized formation or procession of persons or vehicles, or both.

C. "Person" means any individual, group of individuals, club, association, partnership or corporation.

D. "Vehicle" means any automobile, truck, airplane, cart, trailer, wagon or other means of transportation or conveyance.

(Prior code §§ 2285, 2289)

It is unlawful for any person, as defined in subsection (C) of Section 12.32.010 of this chapter, to organize, hold or participate in any parade upon any highway without first obtaining a permit therefor as provided in this chapter.

(Prior code § 2286)

Such permit shall be requested by a written application upon a form which shall be prepared by the sheriff of the county. Such form shall provide space for, and the application thereon shall contain, the following information:

A. Name of person desiring permit;

B. Time and place, including the route and termini of said parade;

C. Approximate or estimated number of persons and vehicles which will participate;

D. For what purpose the parade will be held;

E. The sheriff's approval or disapproval, and his reasons therefor.

(Prior code § 2287)

Any person desiring to hold a parade shall file an application for a permit not less than thirty (30) days nor more than one (1) year before the date on which such parade is proposed to be conducted.

The application shall be filed with the sheriff. Upon receipt, the sheriff shall review the application, and shall approve the permit if, from consideration of the application or such other information as the sheriff may otherwise obtain, the sheriff finds that:

A. The parade will not result in the undue or unmanageable obstruction or hindrance of the traffic on the routes where it is desired to be held or contiguous thereto;

B. The conduct of the parade is not reasonably likely to cause a breach of the peace or a riot, property damage, or other disorderly or unlawful conduct;

C. The sheriff has facilities to properly supervise and prepare for the parade in regard to the other traffic on and the rights of the public in the route where it is desired to be held; and

D. The parade will not conflict with other parade permits already granted.

The sheriff may specify the conditions, relating to the foregoing matters, as the sheriff sees fit to prescribe.

Once the application has been filed, the permit shall be approved, conditionally approved, or denied within ten (10) business days. A permit which is not acted upon within ten (10) business days shall be considered approved.

Upon showing of good cause by an applicant, the sheriff may consider an application which is filed less than thirty (30) days before the date the parade is proposed to be conducted, provided that there shall be no appeal from the sheriff's determination for such applications.

(Prior code § 2288)

(Ord. No. G-8666, § 2, 10-11-16)

No permit shall be denied because of the danger of riot or breach of the peace, property damage, or other disorderly and unlawful conduct unless the evidence shows facts supporting proof of such danger.

(Prior code § 2290)

(Ord. No. G-8666, § 3, 10-11-16)

The sheriff shall have the authority to cancel, postpone, or terminate a parade at any time, if in the opinion of the sheriff, weather or any other conditions are present which may significantly affect the safety of event participants or vehicular traffic, or if the applicant violates any condition of the permit.

(Ord. No. G-8666, § 4, 10-11-16)

The applicant has the right to appeal to the board of supervisors any conditions of the permit, or the nonissuance of a permit.

In order to initiate an appeal, the permit applicant shall file a written notice with the clerk of the board of supervisors within five (5) business days of a denial of application or receipt of a conditionally approved permit. The appeal shall be considered at the first regular meeting of the board to be determined in accordance with the established agenda scheduling procedure.

(Ord. No. G-8666, § 5, 10-11-16)