Modesto Municipal Code Ch. 12 Funeral Processions

Local authorities may adopt rules and regulations by ordinance or resolution to regulate traffic at such locations that may require traffic directions for orderly traffic flow. It is the purpose of this chapter to use the power, conferred to the City of Modesto, pursuant to California Vehicle Code Section 21100(e), to appoint persons other than traffic officers to direct and regulate traffic for a funeral procession.

(Added by Ord. 3220-C.S., § 1, effective 6-7-01)

(1) "Funeral escort" means a uniformed person employed by a mortuary or company to direct the movement of a group of vehicles engaged in a funeral procession.

(2) "Funeral procession" means a group of two or more vehicles traveling in line from a funeral service whether that funeral service is held at a place of worship or another location, to a transportation facility, cemetery, or crematory.

(Added by Ord. 3220-C.S., § 1, effective 6-7-01)

(a) Motor vehicle funeral processions may be led or escorted by private escorts within the City of Modesto in accordance with the requirements of this chapter.

(b) No person shall stop, direct or otherwise direct traffic in intersections while leading or escorting a motor vehicle funeral procession without first obtaining a valid funeral escort permit from the Modesto Police Department.

(Added by Ord. 3220-C.S., § 1, effective 6-7-01)

(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 by Ord. 3220-C.S., § 1, effective 6-7-01)

(a) Any person issued a valid funeral escort permit pursuant to this chapter 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 intersections 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.

(b) A permittee is authorized to direct traffic in the manner specified in this section only while wearing an official insignia approved by the Police Chief and carrying a valid permit issued to him or her as an individual pursuant to this chapter.

(c) The Police Chief may order the immediate suspension or revocation of a funeral escort permit if the permittee has not directed traffic in the manner specified in this section.

(Added by Ord. 3220-C.S., § 1, effective 6-7-01)

The Police Chief shall approve an official insignia which must be worn by all permittees while directing traffic in the manner specified in Section 3-12.04.

(Added by Ord. 3220-C.S., § 1, effective 6-7-01)

(a) Applications for a funeral escort permit shall be filed with the Police Chief on forms provided by the Modesto Police Department and shall contain or be accompanied by the following:

(1) Name and address of applicant, and the applicant's funeral escort service employer if the applicant is employed by such a service;

(2) Proof of liability insurance in compliance with this chapter;

(3) Proof of satisfactory completion of a traffic safety program of instruction as required under this chapter;

(4) 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;

(5) Payment of permit, insignia and inspection fees as established by the schedule of fees resolution of the City Council;

(6) Proof that the vehicle to be used in the course of conducting escorts has been inspected by the Modesto Police Department to insure that it meets the equipment and safety requirements as set forth by the Police Chief;

(7) An indemnification and hold harmless agreement as required by this chapter, signed by the applicant and the applicant's funeral escort service employer; and

(8) Such other information as may be required by the Police Chief.

(b) If all the requirements for approval of a funeral escort permit are met, then the Police Chief shall issue a permit within fourteen (14) days of submission of the completed application.

(c) The funeral escort permit shall be valid for a period of two (2) years from the date of issuance and such permits shall not be transferable.

(Added by Ord. 3220-C.S., § 1, effective 6-7-01)

Funeral escort permits issued pursuant to this chapter may be denied, suspended or revoked by the Police Chief upon any of the following grounds:

(a) The application is incomplete or illegible;

(b) The applicant has knowingly made false statements on the application;

(c) The applicant has been convicted of a crime, and the time for appeal has elapsed, 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 operating motor vehicles or with leading or otherwise escorting a motor vehicle funeral procession;

(d) Failure to meet any of the requirements of this chapter;

(e) The applicant's unlawful or negligent operation of a motor vehicle during the three years prior to the date of application;

(f) The applicant's unlawful or negligent direction of traffic while escorting a vehicular funeral procession or other motor vehicle procession.

(Added by Ord. 3220-C.S., § 1, effective 6-7-01)

(a) Upon determining the existence of any of the grounds for denial, suspension or revocation in accordance with Section 3-12.08, the Police Chief shall issue a notice of decision to deny, suspend or revoke the permit.

(b) The notice of decision shall state all the grounds and reasons upon which the denial, suspension or revocation is based.

(c) The notice of decision shall be mailed to the applicant or permittee at the address stated on the application or permit. Alternatively, the notice of decision may be delivered to the applicant or permittee or to the address given in the application or permit.

(d) The notice of decision shall advise that denial, suspension or revocation shall become final unless the applicant or permittee files a written request for hearing before the Police Chief within the time period specified in Section 3-12.10 of this chapter.

(Added by Ord. 3220-C.S., § 1, effective 6-7-01)

(a) The written request for a hearing before the Police Chief must be received by the Chief within ten (10) days of the date of mailing of the decision to deny, suspend or revoke the permit.

(b) The Police Chief shall schedule a hearing which shall be held no later than thirty (30) days after receipt of a timely request for hearing.

(c) The notice of hearing shall be mailed to the applicant or permittee no later than ten (10) days prior to the scheduled date of the hearing.

(d) At the hearing before the Police Chief, the applicant or permittee shall be given the opportunity to present witnesses and documentary evidence and to cross-examine witnesses.

(e) The hearing will be conducted informally and the technical rules of evidence shall not apply. Any and all other evidence which the Chief of Police deems reliable, relevant and not unduly repetitious may be considered.

(f) The applicant or permittee may be represented by any other person.

(g) 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.

(Added by Ord. 3220-C.S., § 1, effective 6-7-01)

Within twenty (20) days after the hearing, the Police Chief shall mail a written decision sustaining, reversing or modifying his or her initial decision to the applicant or permittee at the address stated in the application or permit.

(Added by Ord. 3220-C.S., § 1, effective 6-7-01)

If the permittee is dissatisfied with the decision of the Police Chief to deny, suspend, or revoke the permit, such person may appeal to the City Manager by filing a notice of appeal in writing with the City Manager's Office within fifteen (15) days of the date of the order of the Police Chief. The City Manager or his designee shall hold a hearing within thirty (30) days of the receipt of the notice of appeal. The permittee shall be accorded the same hearing rights provided in Section 3-12.10. The City Manager or his or her designee may sustain, reverse or modify the order of the Police Chief. The decision of the City Manager or his or her designee shall be final.

(Added by Ord. 3220-C.S., § 1, effective 6-7-01)

The funeral escort permittee or his or her funeral escort service employer 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 active negligence of the City. The permittee or his or her funeral escort server 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 a vehicular funeral procession.

(Added by Ord. 3220-C.S., § 1, effective 6-7-01)

During the term of a permit issued pursuant to this chapter, the permittee or his or her funeral escort service employer shall maintain in full force and effect at the permittees or his or her employer's own cost a comprehensive auto and general liability insurance policy:

(a) In an amount no less than five hundred thousand dollars ($500,000.00) single limit per occurrence; and

(b) Issued by an admitted insurer or insurers as defined by the California Insurance Code; and

(c) Providing that this City, its officers, employees and agents are to be named as insureds under the policy; and

(d) Covering all losses and damages as specified in Section 3-12.13 of this chapter; and

(e) Stipulating 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; and

(f) Providing 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 (30) 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, the Police Chief shall order the cancellation of the permit as provided in this chapter.

(Added by Ord. 3220-C.S., § 1, effective 6-7-01)

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 or 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 this chapter in a safe and lawful manner.

(Added by Ord. 3220-C.S., § 1, effective 6-7-01)

(a) A permittee seeking renewal of his or her funeral escort permit shall meet all the requirements for a permit renewal that applicants are required to meet in order to first obtain a funeral escort permit.

(b) All provisions of this chapter applicable to first-time applicants shall apply to a permittee applying for renewal of a funeral escort permit.

(Added by Ord. 3220-C.S., § 1, effective 6-7-01)

(a) The Police Chief may prepare and issue written regulations for distribution to applicants and permittees regarding the implementation of the provisions of this chapter, including but not limited to, the safe and lawful conduct of funeral escort services, and the maintenance of insignia, uniforms, motor vehicles and equipment used in escorting funeral processions.

(b) Such regulations shall be binding upon applicants and permittees. Permittees shall comply with these written regulations as a term and condition of the permit.

(Added by Ord. 3220-C.S., § 1, effective 6-7-01)

Persons participating in private funeral processions or other processions within the City without police escort must obey all state and City traffic laws, except as specifically authorized in this chapter.

(Added by Ord. 3220-C.S., § 1, effective 6-7-01)