La Puente Municipal Code Ch. 3.08 Parades

Sections:

• 3.08.010 Definitions.

• 3.08.020 Permit required.

• 3.08.030 Exemptions.

• 3.08.040 Application.

• 3.08.050 Fees and service charges.

• 3.08.060 General criteria for issuance or denial.

• 3.08.070 Nondiscrimination.

• 3.08.080 Notice of issuance or denial of permit.

• 3.08.090 Appeal.

• 3.08.100 Restrictions.

• 3.08.110 Term.

• 3.08.120 Modification, revocation or suspension.

• 3.08.130 Judicial review.

• 3.08.140 Violations.

*Prior ordinance history: Ord. 1 §§ 3200—3204.

For purposes of this chapter, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply:

“Assembly” means any meeting, demonstration, picket line, rally, gathering, or group of twenty-five or more persons, animals, or vehicles, or a combination thereof, having a common purpose, design, or goal, upon any public street, sidewalk, alley, park, or other public place, which assembly substantially inhibits the usual flow of pedestrian or vehicular travel or which occupies any public area, other than a parade, as defined in this section.

“Authorized city official” means the official designated by the city to act on the application for a permit to conduct a parade or hold an assembly.

“Parade” means any march, demonstration, procession, motorcade, or promenade consisting of persons, animals, or vehicles, or a combination thereof, having a common purpose, design, destination, or goal; upon any public place, which parade, march, demonstration, procession, motorcade, or promenade does not comply with normal and usual traffic regulations or control.

(Ord. 790 § 2 (part), 1999)

It is unlawful for any person to engage in, conduct or carry on a parade or assembly without a permit which designates the time, place and route of such event.

(Ord. 790 § 2 (part), 1999)

The provisions of this chapter do not apply to the following:

(a) Funeral processions; or

(b) Spontaneous events occasioned by news or affairs coming into public knowledge within three days of such parade or assembly provided that the organizers thereof give written notice to the city at least twenty-four hours prior to such parade or assembly.

(Ord. 790 § 2 (part), 1999)

Applications for a parade or assembly permit must be filed with the city a minimum of twenty calendar days prior to the date of the proposed parade or assembly and shall be accompanied by the payment of the application fee, which is established by resolution of the city council. The application shall contain the following information:

(a) A description of the proposed use, event or activity;

(b) The street or other public property and the specific area or areas which will be utilized in connection with the proposed use, event or activity;

(c) The manner in which the public property will be utilized;

(d) The date or dates and the specific times that the public property is to be utilized for the described use, event or activity;

(e) Insofar as reasonably practicable, the maximum parade length; the total number of bands, sound vehicles or musical units, if any, their type and number of members in each unit; the total number of marching units, if any, their type and the number of members in each unit; the number of animals, if any, and the type; the number of floats, if any, their size, type and how powered; and the space between the units and their speed;

(f) The name, address and telephone number of the person, entity or organization sponsoring or conducting the proposed use, event or activity. If the 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 a communication in writing from such organization, authorizing the applicant to apply for such permit on its behalf; and

(g) The name, address and telephone number of the person or persons to be contacted regarding the permit application.

(Ord. 790 § 2 (part), 1999)

(a) Fees. The permit application fee, daily fee and other additional fees for use of city streets or other city- owned or controlled property will be established by resolution of the city council. Other than the application fee, which is nonrefundable and shall be paid when the application is submitted to the city, the total amount of the fees due for the entire permit period shall be paid to the city at least three business days prior to the date when the permit becomes effective.

(b) Service Charge. In addition to application fees, daily fees and any other fees, a permittee shall reimburse the city for the reasonable cost of related city services (including, but not limited, to traffic control, fire safety, clean-up, and trash hauling). If city property is destroyed or damaged by reason of permittee’s use, event or activity, the permittee shall reimburse the city for the actual replacement or repair cost of the destroyed or damaged property.

(1) The final invoice and billing for such reimbursements will be sent within ten business days after the expiration date of the permit.

(2) At least three business days prior to the date any permit is to become effective, the applicant shall pay to the city a cash deposit in an amount sufficient to cover the total city departmental charges which the authorized city official estimates will be incurred in connection with the permit.

(c) Refund. If a permittee is unable to hold or conduct a parade or assembly because of inclement weather or some other cause not within the permittee’s control, the permittee may submit a written request for refund of such fees provided such request is within ten calendar days after the date the parade or assembly was to have taken place. The authorized city official may authorize a refund of the fees or a pro rata portion thereof, except the nonrefundable application fee, which have been paid by the permittee to the city.

(d) Restrictions. All fees and service charges will relate to the size of the parade or assembly and its impact on normal traffic. They will not be based on the content of the message expressed, the size of the crowd or the crowd’s reaction to the message.

(Ord. 790 § 2 (part), 1999)

The permit will be issued by the authorized city official unless there is a finding that:

(a) The information contained in the application is false or intentionally misleading;

(b) The parade or assembly will endanger public health, welfare or safety for the reasons set forth in this subparagraph (b), and that reasonable adjustments to the community traffic control, street and property maintenance, or police, fire, or ambulance protection would not alleviate such danger:

(1) The time, duration, route, and size of the parade or assembly will substantially and unreasonably disrupt the movement of traffic;

(2) The parade or assembly is of a size or nature that it will require the diversion of such a great number of Los Angeles County sheriff’s department deputies to properly police the line of movement or assembly area and the areas contiguous thereto, as to impair reasonable police protection to the city;

(3) The permittee failed to provide for the services of sufficient monitors to control the orderly conduct of the parade or assembly;

(4) The permittee failed to provide a reasonable means of informing all the persons participating therein of the terms and conditions of such permit;

(5) The concentration of persons, animals, or vehicles, or a combination thereof, is such as to prevent proper police, fire and ambulance services;

(6) The parade will not progress from its assembly area to its disbanding area as expeditiously as reasonably required for the safe and orderly conduct of the parade;

(7) The parade or assembly will interfere with another parade or assembly for which a permit has been granted; or

(8) The parade or assembly will result in harm to persons or property.

(Ord. 790 § 2 (part), 1999)

Nothing in this chapter shall be construed as granting to the authorized city official, or to any other person, the discretion or authority to grant, deny, revoke, renew or suspend any application by reason of either approval or disapproval of the philosophy, opinions, or beliefs of the applicant, or of the person such applicant represents, or for any other reasons not specifically set forth in Section 3.08.060 of this Chapter.

(Ord. 790 § 2 (part), 1999)

(a) Within five business days after the filing of the permit application, the authorized city official will issue or deny the permit and will notify the applicant of the action taken.

(b) If the permit is denied, the authorized city official will set forth the reasons for such denial. Where the parade or assembly could be authorized at alternative times, places, manner, or duration, the notice will also contain information to that effect.

(Ord. 790 § 2 (part), 1999)

Any final decision of the authorized city official may be appealed to the city manager by the applicant, permittee, or any person affected by the decision. The appeal shall be made in writing, shall be filed within five business days after mailing or personal delivery of a notice of denial or revocation, and shall set forth the specific grounds for the appeal. The city manager, or the city manager’s designee, shall hear the aggrieved person or designated representative, receive relevant information and documents, and act on the appeal within three business days of receiving the appeal. The city manager’s decision shall be final.

(Ord. 790 § 2 (part), 1999)

The following prohibitions apply to all parades and assemblies.

(a) No person shall engage in any parade or assembly which would constitute a substantial hazard to the public safety or which would materially interfere with or endanger the public peace or rights of residents to the quiet, peaceful, and unmolested enjoyment of their property.

(b) While participating in any parade or assembly, no person shall carry or possess any length of metal, lumber, wood, or wood lath, unless such object is of wood and is one-fourth inch or less in thickness and two inches or less in width, or if not generally rectangular in shape, such object shall not exceed three-fourths inch at its thickest dimension.

(c) No person shall carry any sign, poster, plaque, or notice, whether or not mounted on a length of wood as specified in subsection (b) of this section, unless such sign, poster, plaque, or notice is constructed or made of a cloth, paper, or cardboard material.

(d) No person shall ride, drive, or cause to be ridden or driven any animal or any animal-drawn vehicle upon any public street, unless specifically authorized by the permit.

(e) No person shall knowingly join or participate in any parade or assembly under a permit from the city in violation of the terms of the permit.

(f) No person shall knowingly join or participate in any parade or assembly without the consent and over the objection of the permittee.

(Ord. 790 § 2 (part), 1999)

Any permit issued under this chapter will not be for a period of more than two consecutive days except as otherwise provided in this code.

(Ord. 790 § 2 (part), 1999)

Any permit issued under this chapter may be modified, revoked or suspended in accordance with the provisions in Sections 5.08.100 and 5.08.110 of this code.

(Ord. 790 § 2 (part), 1999)

Any interested party may seek judicial review of a final city decision regarding a permit issued under this chapter in accordance with the provisions in Section 5.08.140 of this code.

(Ord. 790 § 2 (part), 1999)

A violation of any of the provisions of this chapter is a misdemeanor which is punishable by the general penalty of Section 1.08.040 of this code.

(Ord. 790 § 2 (part), 1999)