Modesto Municipal Code Ch. 8 Regulation of Parades

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 street, alley, park 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.

(Added by Ord. 364-C.S., effective 3-10-60)

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.

(Added by Ord. 364-C.S., effective 3-10-60)

Any person desiring to conduct or manage a parade shall, not less than fifteen (15) nor more than sixty (60) 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 chairman 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, the starting point and the termination point;

(g) The approximate number of persons who, and animals and vehicles which, will constitute such parade; the type of animals; and a general description of the vehicles;

(h) The time when such parade will start and terminate;

(i) Whether such parade will occupy all or only a portion of the width of the streets proposed to be traversed;

(j) The location by streets of any assembly area or areas for such parade;

(k) The time at which units of the parade will begin to assemble at any such assembly area or areas.

(Added by Ord. 364-C.S., effective 3-10-60)

The Chief of Police shall issue a permit as provided for hereunder when, from a consideration of the application and from such other information as may otherwise be obtained, he finds that:

(a) The conduct of such parade will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route;

(b) The conduct of such parade will not require the diversion of so great a number of police officers of the City to properly police the line of movement and the areas contiguous thereto, as to prevent normal police protection to the City;

(c) The concentration of persons, animals and vehicles at assembly points of the parade will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such assembly areas;

(d) The conduct of such parade will not unduly interfere with the movement of fire-fighting equipment en route to a fire or other emergency equipment;

(e) The conduct of such parade is not reasonably likely to cause injury to person or property or to provoke disorderly conduct or create a disturbance; and

(f) Such parade is not to be held for the sole purpose of advertising the goods, wares or merchandise of a particular business establishment or vendor; provided, however, that the provisions of this subsection shall not prohibit a parade held for the purpose of promoting or publicizing a commercial or trade event of a general nature.

A processing fee shall be paid at the time the permit application is submitted, which fee shall be an amount as established from time to time by resolution of the City Council.

(Added by Ord. 364-C.S., amended by Ord. 2534-C.S., § 1, effective 9-10-87)

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 chairman 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, the starting point and the termination point;

(g) The approximate number of persons who, and animals and vehicles which, will constitute such parade; the type of animals; and a general description of the vehicles;

(h) The time when such parade will start and terminate;

(i) Whether such parade will occupy all or only a portion of the width of the streets proposed to be traversed;

(j) The location by streets of any assembly area or areas for such parade; and

(k) The time at which units of the parade will begin to assemble at any such assembly area or areas.

(Added by Ord. 364-C.S., effective 3-10-60)

The Chief of Police shall act upon the application for a parade permit within five (5) days after the filing thereof. If the Chief of Police disapproves the application, he shall mail to the applicant within ten (10) days after the date upon which the application was filed, a notice of his action, stating the reasons for his denial of the permit. Such notice shall be mailed to the applicant at his address as given therein.

(Added by Ord. 364-C.S., effective 3-10-60)

Any person who has been denied a permit by the Chief of Police may appeal to the Council in accordance with the provisions of Chapter 4 of Title 1 of this Code.

(Added by Ord. 364-C.S., effective 3-10-60)

The Chief of Police in denying an application, may authorize the conduct of such parade on a date, at a time, or by a route different from that named by the applicant; and if the applicant desires to accept the proposed date, time and route, he shall, within two (2) days after notice of the action of the Chief of Police, file a notice of acceptance with the Chief of Police. The Chief of Police shall thereupon issue a permit. Such permit shall conform to the requirements of this chapter.

(Added by Ord. 364-C.S., effective 3-10-60)

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

(Added by Ord. 364-C.S., effective 3-10-60)

Immediately upon the granting of a parade permit, the Police Chief shall send a copy thereof to the following:

(a) The Fire Chief;

(b) The City Manager;

(c) The Public Works Director;

(d) The Parks, Recreation and Neighborhoods Director;

(e) The Community Development Director;

(f) The Postmaster of the Modesto Post Office; and

(g) Any public transportation or other utility, the regular routes of whose vehicles will be affected by the route of the proposed parade.

(Added by Ord. 364-C.S., amended by Ord. 3128-C.S., § 8, and Ord. 3364-C.S., § 7, effective 12-9-04)

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.

(Added by Ord. 374-C.S., effective 3-10-60)