Livingston Municipal Code Ch. 9 Parades and Processions

It shall be unlawful for any person to hold, manage, conduct, aid, participate in, form, start or carry on, any parade, march, ceremony, show, exhibition, pageant or procession of any kind or any other similar display, or cause or permit the same upon any public right-of-way, including, but not limited to, streets and sidewalks, alleys, parks or any other public grounds in the city, unless there has first been obtained from the Chief of Police a permit to do so, and said permit shall be carried by a person heading or leading said activity.

(Ord. 287, passed 9-12-1985)

The provisions of this chapter shall not apply to:

(A) Funeral processions;

(B) Students of the schools going to and from classes or when constituting a part of their educational activities and under the immediate direction and supervision of the proper school authorities; nor

(C) A governmental agency within the scope of its functions.

(Ord. 287, passed 9-12-1985)

Any person desiring to conduct or manage a parade shall, not less than ten nor more than 30 days before the date on which it is proposed to conduct such parade, file with the Chief of Police a verified application on a form furnished by the Chief of Police, setting forth the following information:

(A) The name of the person or organization wishing to conduct such parade;

(B) If the parade 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 authorized and responsible head of such organization;

(C) The name, address and telephone number of the person who will be the parade chairperson and will be responsible for its conduct;

(D) The name, address and telephone number of the person or organization to whom the permit is desired to be issued;

(E) The date when such parade is to be conducted;

(F) The route to be traveled; and

(G) The time when such parade will start and terminate.

(Ord. 287, passed 9-12-1985)

(A) Upon application made to the Chief of Police of the city and a determination made by the Chief of Police that the parade will not unduly disturb the convenience of the public, a permit to conduct such procession shall be granted.

(B) In making the determination that the convenience of the public will not be unduly disturbed by a procession, the Chief of Police shall consider the following factors:

• 1. Time of the proposed procession;
• 2. Place of the proposed procession;
• 3. The manner in which the proposed procession is to be held; and

4. Other proper uses of the streets, such as construction or maintenance or pedestrian traffic and construction or maintenance on the streets involved in the proposed procession route.

(Ord. 287, passed 9-12-1985)

The permit to be issued by the Chief of Police shall prescribe the following:

(A) The name of the person or organization wishing to conduct such parade;

(B) If the parade 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 authorized and responsible head of such organization;

(C) The name, address and telephone number of the person who will be the parade chairperson and will be responsible for its conduct;

(D) The name, address and telephone number of the person or organization to whom the permit is desired to be issued;

(E) The date when such parade is to be conducted; and

(F) The route to be traveled, selecting from among one of the following routes:

1. Third Street route between Highway 99 and Park;

2. Peach Street route: Park to Third, Third to Peach, Peach to Eighth, Eighth to D, D to Seventh, Seventh to Front, Front to Third, Third to Park;

3. Hammett Avenue route: Third and Front to Peach, Peach to Hammett, Hammett to F, F to Seventh, Seventh to Front, Front to Third; and

4. Over highway route: Park Street to Third Street, Third to Livingston-Cressey, Livingston-Cressey to Davis Street, Davis Street to Hammett Avenue, and return to Park Street over the same route.

(Ord. 287, passed 9-12-1985; Ord. 299, passed 5-6-1986)

The Chief of Police shall act upon the application for a parade permit within two days after the filing thereof. If the Chief of Police disapproves the application, he or she shall mail to the applicant within five days after the date upon which the application was filed, a notice of his or her action, stating the reasons for his or her denial of the permit. Such notice shall be mailed to the applicant at his or her address given therein.

(Ord. 287, passed 9-12-1985)

(A) Any person who has been denied a permit by the Chief of Police may appeal to the City Council.

(B) In the event any permit hereunder is denied by the City Council, the city, acting by and through its City Attorney (or his or her designee) shall, within five days following such denial, apply to the Superior Court of Merced County, California, for a judicial determination as to whether the proposed activities described in the application may be prohibited, naming the applicant as a party defendant. The city shall exert every reasonable effort to have this issue heard on its merits without delay, and as soon as legally possible. The burden of showing that the proposed activities may be prohibited shall rest on the city.

(Ord. 287, passed 9-12-1985)

The Chief of Police shall have authority, in his or her discretion, to consider any application for a permit to conduct a parade which is filed less than 15 days before the date such parade is proposed to be conducted.

(Ord. 287, passed 9-12-1985)

No person shall, without the consent of the permittee, join or participate in a parade, nor in any manner interfere with its progress or orderly conduct.

(Ord. 287, passed 9-12-1985)

Any person convicted of a violation of any section or provision of this chapter where no other penalty is set forth is guilty of an infraction which is punishable by:

(A) A fine of $50 for the first violation;

(B) A fine of $100 for a second violation during the same fiscal year; and

(C) A fine of $250 for each additional violation during the fiscal year.

(Ord. 287, passed 9-12-1985)