Montebello Municipal Code Ch. 12.17 Parades and Public Demonstrations

This chapter is adopted for the purpose of regulating parades and public demonstrations or gatherings of more than twenty-five people occurring on or within a city street, parking facility, sidewalk or other public right-of-way which obstruct, delay or otherwise interfere with the normal flow of vehicular or pedestrian traffic, or which do not comply with applicable traffic laws or controls.

(Ord. 2097 § 1 (part), 1994)

"Applicant" means any person or organization who seeks a special event permit from the city to conduct or sponsor an event governed by this chapter. An applicant must be eighteen years of age or older.

"Chief of police" means the chief of police or his/her designee.

"City manager" means the city manager or his/her designee.

"Event route" means a route (course of travel) along designated streets, sidewalks or other street rights-of-way for use by special events.

"Parade" means a march or procession consisting of persons, animals or vehicles, or combination thereof, on any city street, sidewalk, alley or other street right-of-way, which obstructs, delays or interferes with the normal flow of pedestrian or vehicular traffic, or does not comply with traffic laws or controls.

"Permit application fee" means the fee to be paid by the special event permit applicant at the time the application is filed with the finance department. A fee schedule shall be set up by the city council and shall cover the actual full costs (or a portion thereof) of processing and investigating special event applications, and administering the special event permit program.

"Permittee" means any person or organization who has been issued a special event permit by the city.

"Public demonstrations or gatherings" means a group of people participating in an organized activity (other than public employees acting within the course and scope of their employment) on or within city limits.

"Special event" means a parade or a public demonstration or gathering of twenty-five or more people.

(Ord. 2097 § 1 (part), 1994)

Any person desiring to conduct or sponsor a parade or a public demonstration or gathering or more than twenty-five people in the city shall first obtain a special event permit from the city. A special event permit shall not be required for the following:

A. Parades or other special events which occur exclusively on city property under the jurisdiction of the department of parks and recreation;

B. Funeral processions.

(Ord. 2097 § 1 (part), 1994)

A. Any applicant desiring to sponsor a parade or a public demonstration or gathering of more than twenty-five people shall apply for a special event permit by filing a verified application with the finance department on a form supplied by the finance department. Applications shall be submitted not less than ten calendar days before the special event date.

B. Upon a showing of good cause, the city manager shall consider an application which is filed after the filing deadline, if there is sufficient time to process and investigate the application and obtain police services for the event. Good cause can be demonstrated by the applicant showing that the circumstances which gave rise to the permit application did not reasonably allow the participant(s) to file within the time prescribed, and that the special event is for the purpose of exercising the right of free speech.

C. The application for a permit shall be accompanied by a non-refundable permit application fee in the amount set by city council resolution.

(Ord. 2097 § 1 (part), 1994)

The application for a special event permit shall provide the following information:

A. Public Demonstrations or Gatherings of More than Twenty-Five People.

1. The name, address and telephone number of the applicant and an alternative contact person;

2. If the special event is proposed to be sponsored by an organization, the name, address and telephone number of the organization, and the authorized head of the organization;

3. The name, address and telephone number of the person who will be present and in charge of the special event on the day of the event;

4. The nature/purpose of the special event;

5. Date and estimated starting and ending time of the special event;

6. Location of the special event including its boundaries;

7. Estimated number of participants in the special event;

8. The type and estimated number of vehicles, animals and structures which will be used at the special event and whether there will be water aid stations at the event;

9. Description of any sound amplification equipment which will be used at the special event;

10. Whether any food or beverages will be sold at the special event;

11. Whether monitors will be employed at the special event;

12. Parking requirements for the special event.

B. Additional Information Required for Parades and Public Demonstrations or Gatherings of More than Twenty-five People occurring Along a Route.

1. The assembly point for the special event; the time at which units of the parade or public demonstration or gathering will begin to assemble;

2. The route to be traveled;

3. Whether the parade or public demonstration or gathering will occupy all or only a portion of the streets proposed to be traversed;

4. The intervals of space to be maintained between units of a parade or public demonstration or gathering;

5. The number, types and size of floats, if applicable;

6. Material and maximum size of any signs or banners to be carried along the route.

C. Supplemental Information. Any supplemental information which the city shall find reasonably necessary, under the particular circumstances of the special event application, to determine whether to approve or conditionally approve a special event permit pursuant to Sections 12.17.080 and 12.17.090.

(Ord. 2097 § 1 (part), 1994)

The city manager shall approve, conditionally approve or deny an application for the grounds specified in Section 12.17.080. Such action shall be taken not later than ten calendar days after receiving a completed application for the special event. If the application is denied, or conditionally approved, the city manager shall inform the applicant of the grounds for denial in writing, or the reason for a change in the date, time, route or location of the special event, and his/her right to appeal. If the city manager relied on information about the special event other than that contained in the application, he/she shall inform the applicant what information he/she considered. The applicant shall be notified of any permit conditions at the time the application is approved and of his/her right of appeal of the permit conditions. If the city manager refuses to consider a late application under Section 12.17.050(B), the city manager shall inform the applicant of his/her reason(s) for the refusal, and of his/her right of appeal.

(Ord. 2097 § 1 (part), 1994)

A. The city manager shall approve an application for a special event permit unless he/she determines from a consideration of the application, or other pertinent information, that:

1. Information contained in the application, or supplemental information requested from the applicant, is found to be false in any material detail.

2. The applicant fails to complete the application form after having been notified of the additional information or documents required.

3. The sole purpose of the event is advertising of any product, good, ware, merchandise or event, and is designed to be held solely for private profit.

4. Another special event permit application has been received prior in time, or had already been approved, to hold another special event at the same time and place requested by the applicant, or is so close in time and place as to cause undue traffic congestion, or the police department is unable to meet the needs for police services for both special events.

5. The time, route or size of the special event will substantially interrupt the safe and orderly movement of traffic contiguous to the event site or route, or disrupt the use of a street at a time when it is usually subject to great traffic congestion.

6. The concentration of persons, animals and vehicles at the site of the special event, or the assembly and disbanding areas around the special event, will prevent proper police, fire or ambulance services to areas contiguous to the special event.

7. The size of the special event will require diversion of so great a number of police officers of the city to insure that participants stay within the boundaries or route of the special event, or to protect participants in the special event, as to prevent normal protection to the rest of the city. Nothing herein authorizes denial of a permit when additional peace officers would be available to the city under applicable state law and mutual aid plans, if requested by the city in advance of the special event. Nothing herein authorizes denial of a permit because of the need to protect participants from the conduct of others, if reasonable permit conditions can be imposed to allow for adequate protection of special event participants with the number of police officers available to police the special event.

8. The special event, if moving along a route, will not move from its point of origin to its point of termination in three hours or less.

9. The location of the special event will substantially interfere with any construction or maintenance work scheduled to take place upon or along the city streets, or a previously granted encroachment permit.

10. The special event shall occur at a time when a school is in session at a route or location adjacent to the school or class thereof, and the noise created by the activities of the special event would substantially disrupt the educational activities of the school or class thereof.

B. When the grounds for denial of an application for permit specified in subsections (A)(4) through (A)(10) of this section can be corrected by altering the date, time, duration, route or location of the special event, the city manager shall instead of denying the application conditionally approve the application upon the applicant's acceptance of conditions for permit issuance. The conditions imposed shall provide for only such modification of the applicant's proposed special event as are necessary to achieve compliance with subsections (A)(4) through (A)(10) of this section.

(Ord. 2097 § 1 (part), 1994)

The city manager may condition the issuance of a special event permit by imposing reasonable requirements concerning the time, place and manner of the special event, and such requirements as are necessary to protect the safety or persons and property, and the control of traffic; provided such conditions shall not unreasonably restrict the right of free speech. Such conditions include, but are not limited to:

A. Alteration of the date, time, route or location of the special event proposed on the event application;

B. Conditions concerning the area of assembly and disbanding of parade or other special events occurring along a route;

C. Conditions concerning accommodation of pedestrian or vehicular traffic, including restricting the special event to only a portion of a street;

D. Requirements for the use of traffic cones or barricades;

E. Requirements for provision of first aid or sanitary facilities;

F. Requirements for use of security personnel, and providing notice of permit conditions to special event participants;

G. Restrictions on the number and type of vehicles, animals or structures at the special event, and inspection and approval of floats, structures and decorated vehicles for fire safety by the fire department;

H. Compliance with animal protection ordinances and laws;

I. Requirements for use of garbage containers, cleanup and restoration of city property;

J. Restrictions on use of amplified sound;

K. Compliance with any relevant ordinance or law and obtaining all required city, county, state or federal licenses or permits.

(Ord. 2097 § 1 (part), 1994)

A. The applicant shall have the right to appeal the denial of a permit or a permit condition. The applicant shall also have the right to appeal the amount of fees and deposits imposed pursuant to Section 12.17.140 and Section 12.17.150, or a determination regarding insurance policy as set forth in Section 12.17.130. A notice of appeal shall be filed by the applicant within ten days after mailing or personal delivery of a notice of denial or permit condition with the city clerk setting the grounds for the appeal. The appeal must be filed no later than noon, one calendar week preceding a city council meeting, to be placed on the next regular meeting's agenda. the city council shall hear the applicant or a designated representative, receive any relevant information and documents, and act on the appeal at its next regular meeting. The decision of the city council is final.

B. If there is insufficient time for a timely appeal to be heard by the city council prior to the date on which the special event is scheduled, the applicant may, at his/her option, request that the city clerk schedule the appeal before the city manager. The city manager of his/her designee shall hold a hearing no later than two business days after the filing of the appeal, and will render his/her decision no later than one business day after hearing the appeal. If the appeal is heard before the city manager, the city manager's decision if final.

(Ord. 2097 § 1 (part), 1994)

The finance department shall issue the special event permit once the application has been approved, and the applicant has agreed in writing to comply with the terms and conditions of the permit, and the following sections have been complied with:

A. Section 12.17.120 pertaining to indemnification;

B. Section 12.17.130 pertaining to insurance;

C. Section 12.17.140 pertaining to police traffic/pedestrian control fees;

D. Section 12.17.150 pertaining to cleanup deposits (when applicable).

(Ord. 2097 § 1 (part), 1994)

Prior to the issuance of a special event permit, the permit applicant and authorized officer of the sponsoring organization (if any), must sign an agreement to reimburse the city for any costs incurred by it in repairing damage to city property occurring in connection with the permitted special event proximately caused by the actions of the permittee/sponsoring organization, its officers, employees, or agents, or any person who was under the permittee's/sponsoring organization's control insofar as permitted by law. The agreement shall also provide that the permittee/sponsoring organization shall defend the city against, and indemnify and hold the city harmless from, any liability to any persons resulting from any damage or injury occurring in connection with the permitted event proximately caused by the action of the permittee/sponsoring organization, its officers, employees or agents, or any person who was under the permittee's sponsoring organization's control insofar as permitted by law. Persons who merely join in a parade or public demonstration or gathering of more than twenty-five people are not considered by that reason alone to be "under control" of the permittee/sponsoring organization.

(Ord. 2097 § 1 (part), 1994)

A. The applicant/sponsor of a special event must possess or obtain a comprehensive general liability insurance policy to protect against loss from liability imposed by law for damages on account of bodily injury and property damage arising from the special event. Such insurance shall name on the policy or by endorsement as additional insured the city, its officers, employees and agents. Insurance coverage must be maintained for the duration of the event.

Minimum limits required:

1. $250,000.00 each person bodily injury,

$500,000.00 each occurrence bodily injury,

$100,000.00 each occurrence property damage, or

2. $600,000.00 each occurrence combined single-limit bodily injury and property damage.

B. A copy of the policy or certificate of insurance along with all necessary endorsements must be filed with the risk manager no less than five days before the date of the special event unless the risk manager for good cause waives the filing deadline. The special event permit shall not be issued by the finance department until after the insurance policy or certificate of insurance along with necessary endorsements have been filed by the applicant/sponsor and approved by the risk manager.

C. The insurance requirements of subsection A of this section shall be waived by the city manager for special events involving the exercise of free speech rights.

(Ord. 2097 § 1 (part), 1994)

A. Prepayment of Fees. Upon approval of an application for a special event permit, the chief of police shall provide the applicant with a statement of the estimated cost of providing police officers for traffic/pedestrian control at the special event. The applicant/sponsor of the special event shall be required to prepay the traffic/pedestrian control fees prior to the issuance of a special event permit. Traffic/pedestrian control by officers includes, but is not limited to, clearing the special event route or site of unauthorized vehicles, diversion of traffic around the special event, and directing pedestrian and vehicular traffic along the route of a special event.

B. Computing Traffic/Pedestrian Control Fees. The traffic/pedestrian control fees will be computed by determining the number of police officers who will be required for traffic/pedestrian control in addition to those who would otherwise be on duty at that time, the number of hours the officers will be on duty for the special event, and the city's full cost of providing officers on an hourly basis as established by police department fee schedule. In determining traffic/pedestrian control fees, the chief of police shall establish a fee based on the applicant/sponsor's use of monitors for the special event.

C. Refunds. If the actual cost for traffic/pedestrian control on the date of the special event is less than the estimated cost pursuant to subsection A of this section, the applicant/sponsor will be refunded the difference by the city.

D. Waiver of Fees for First Amendment Expression. Traffic/pedestrian control fees shall be waived by the city manager for events involving the exercise of free speech rights.

(Ord. 2097 § 1 (part), 1994)

A. The applicant/sponsor of a special event involving the sale of food or beverages, erection of structures, horses or other large animals, or water aid stations shall be required to provide a cleanup deposit prior to the issuance of a special event permit. The cleanup deposit shall be in the amount established in a cleanup fee schedule adopted by city council resolution.

B. The cleanup deposit shall be returned after the special event if the area used for the permitted event has been cleaned and restored to the same condition as existed prior to the special event.

C. If the property used for the special event has not been properly cleaned or restored, the applicant/sponsor shall be billed for the actual cost by the city for cleanup and restoration, and the cleanup deposit (or a portion thereof) shall be applied toward payment of the bill. If the applicant/sponsor disputes the bill, he/she may appeal to the director of public works within ten calendar days after receipt of the bill. Should there by an unexpended balance on deposit after completion of the work, this balance shall be refunded to the applicant/sponsor. Should the amount of the bill exceed the cleanup deposit, the difference shall become due and payable to the city upon the applicant's receipt of the bill.

(Ord. 2097 § 1 (part), 1994)

A. Each permittee/sponsor of a special event shall comply with all terms and conditions of the special event permit.

B. Each permittee/sponsor of a special event shall ensure that the person leading a parade, or the person in charge of a public demonstration or gathering of more than twenty-five people, shall carry the special event permit on his/her person for the duration of the special event.

C. Each permittee/sponsor of a special event shall ensure that the area used for the permitted event is cleaned and restored to the same condition as existed prior to the special event, immediately following the completion of the special event.

(Ord. 2097 § 1 (part), 1994)

It is unlawful for any person to sponsor or conduct a parade, or a public demonstration or gathering requiring a special event permit, under Article IV unless a permit has been issued for the special event. It is unlawful for any person to participate in such an event with the knowledge that the sponsor of the special event has not been issued the required permit.

(Ord. 2097 § 1 (part), 1994)

The special event permit authorizes the permittee/sponsor to conduct only such event as is described in the permit, and in accordance with the terms and conditions of the permit. It is unlawful for the permittee/sponsor to willfully violate the terms and conditions of the permit, or for any special event participant with knowledge thereof, to willfully violate the terms and conditions of the permit.

(Ord. 2097 § 1 (part), 1994)

It is unlawful for any person to interfere with or disrupt a lawful parade or public demonstration or gathering.

(Ord. 2097 § 1 (part), 1994)

Any violations of the provisions of this chapter, including any violations of the terms and conditions of a permit approved and issued in the manner provided by this chapter, shall be unlawful and punishable as a misdemeanor.

(Ord. 2097 § 1 (part), 1994)