Article II — Parades

This article shall be known as the Oakland parade ordinance.

(Prior code § 3-6.08 (§ 1))

This article establishes the standards for the issuance of a permit for parades in the city.

(Prior code § 3-6.08 (§ 2))

As used in this section:

"Applicant" means any person, firm, association, corporation, organization, club, or ad hoc committee who seeks a parade permit from the Chief of Police to conduct or sponsor a parade governed by this section. An applicant must be eighteen (18) years of age or older.

"Chief of Police" means the Chief of Police or his or her other authorized designee.

"Float" means a decorated motorized or mobile cart, vehicle, or structure used to carry an exhibit in a parade.

"Free speech route" means a route (course of travel) along designated streets, sidewalks or other street rights-of-way which are pre-established, pursuant to Section 12.44.180 by resolution of the City Council for use by parades held for the primary purpose of First Amendment expression. No traffic control fees pursuant to Section 12.44.180 will be charged for parades utilizing a free speech route, in the event applicant satisfies the conditions for waiver of fees specified in Section 12.44.180E.

"Parade" means a march or procession consisting of persons, animals or vehicles, or a combination thereof, on any city street, sidewalk, alley, or other street right-of-way, which might block fire hydrants; obstruct, delay, or interfere with the normal flow of pedestrian or vehicular traffic; or which otherwise does not comply with traffic laws or controls.

"Permit application fee" means the fee to be paid by the permit applicant at the time the application is filed with the Chief of Police. A fee schedule shall be set by the City Council and shall cover the actual full costs of processing and investigating parade applications, and administering the parade permit program.

"Permittee" means any person or organization who has been issued a parade permit by the Chief of Police.

(Prior code § 3-6.08 (§ 3))

Any person desiring to conduct or sponsor a parade in the city shall first obtain a parade permit from the Chief of Police. A parade permit is not required for the following:

A.

Parades, athletic events or other special events under the jurisdiction of the Oakland Department of Parks and Recreation which occur exclusively in a park;

B.

Funeral processions.

(Prior code § 3-6.08 (§ 4))

A.

Each permittee of a parade shall comply with all terms and conditions of the parade permit.

B.

Each permittee of a parade shall ensure that the person in charge of the parade shall be identifiable and shall carry the parade permit on his or her person for the duration of the parade.

C.

Each permittee of a parade shall ensure the area used for the permitted parade is cleaned and restored immediately following the completion of the parade, to the same condition as existed prior to the parade.

D.

Each permittee will ensure that no enticements such as candy, balloons, toys, etc. will be thrown, handed, or given away to on-lookers during the duration of the parade.

(Prior code § 3-6.08 (§ 5))

A.

It is unlawful for any person to sponsor or conduct a parade requiring a permit, under Section 12.44.060, unless a permit has been issued for the parade. It is unlawful for any person to participate in such a parade with the knowledge that the sponsor of the parade has not been issued the required permit.

B.

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

(Prior code § 3-6.08 (§ 6))

The parade permit authorizes the permittee/sponsor to conduct a parade only 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 wilfully violate the terms and conditions of the permit, or for any parade participant with knowledge thereof, to willfully violate the terms and conditions of the permit.

(Prior code § 3-6.08 (§ 7))

A.

Any person desiring to sponsor a parade shall apply for a permit by filing a verified application with the Chief of Police on a form supplied by the Chief of Police.

B.

If the application is for a parade along a free-speech route, the application shall be filed not less than ten days but not more than ninety (90) days before the date on which the parade is to occur. All other applications shall be submitted not less than thirty (30) days but not more than ninety (90) days before the date of the parade.

C.

Upon a showing of good cause, the Chief of Police shall consider an application which is filed after the final filing deadline, provided that there is sufficient time to process and investigate the application and obtain police services for the parade. Good cause can be demonstrated by the applicant showing that the circumstance which gave rise to the permit application did not reasonably allow the participants to file within the time prescribed, and that the parade is for the purpose of exercising the right of free speech.

D.

Each application for a permit shall be accompanied by a nonrefundable permit application fee in the amount set by City Council resolution.

(Prior code § 3-6.08 (§ 9))

The application for a parade permit shall provide the following information:

A.

All events: the name, address, telephone number, and date of birth of applicant and an alternative contact person. If the parade is proposed to be sponsored by one or more organizations, the name, address and

telephone number of the organizations, and the president(s) of the organization. If requested by the Chief of Police, written authorization to apply for the parade permit shall be provided by an officer of the requesting organization(s);

B.

The name, address and telephone number of the person who will be present and in charge on the day of the parade;

C.

The nature and purpose of the parade;

D.

The proposed date and estimated starting and ending time of the parade;

E.

Location of the parade including its route and boundaries;

F.

Estimated number of persons in the parade, and, in addition, the type and estimated number of vehicles, animals, and structures which will be used at the event;

G.

Description of any sound amplification equipment which will be used at the parade;

H.

Whether any food or alcoholic and/or nonalcoholic beverages will be sold at the parade;

I.

Whether monitors will be utilized at the parade;

J.

Parking contingencies planned for the parade;

K.

The assembly point for the parade and the time at which units of the parade will begin to assemble;

L.

The route to be traveled;

M.

Whether the parade will occupy all or only a portion of the streets proposed to be traveled;

N.

The number, types, and size of floats;

O.

Maximum size of and material used for any signs or banners to be carried on the route;

P.

Location and description of any reviewing stand;

Q.

Cleanup activities planned;

R.

Any supplementary information which the Chief of Police shall find reasonably necessary, under the particular circumstances of the parade application to determine whether to approve or conditionally approve the permit pursuant to Sections 12.44.130 and 12.44.140.

(Prior code § 3-6.08 (§ 10))

A.

The Chief of Police shall approve, conditionally approve, or deny an application for the grounds specified in Section 12.44.130. Such action shall be taken not later than five days after the filing of a complete application for a parade along a free speech route or fifteen (15) days after the filing of a complete application for all other parades. The applicant shall be notified of any permit conditions at the time the action on the application is taken.

B.

If the application is denied or conditionally approved, at the time of taking action on the permit, the Chief of Police shall inform the applicant in writing of the grounds for denial, or of the reason for the imposition of conditions, and of the right of appeal.

C.

If the Chief of Police relied upon information regarding the parade other than that which was contained in the application, he or she shall inform the applicant of the additional information considered.

D.

If the Chief of Police refuses to consider a late application under Section 12.44.100C, the Chief of Police shall inform the applicant of the reason(s) for the refusal, and of the right of appeal.

(Prior code § 3-6.08 (§ 11))

A.

The Chief of Police shall approve an application for a parade permit unless he or she determines from a consideration of the application, or other pertinent information, that:

Information contained in the application, or supplementary information requested from the applicant, is false in any material detail; or

The applicant has failed to provide a complete application form after having been notified of the requirement of producing additional information or documents; or

The sole purpose of the parade is for private profit and not for First Amendment expression, such as for the advertising of any product, good, ware, merchandise or event; or

Another complete permit application has been previously filed for another parade at the same time and place requested by the applicant, or so close in time and place as to cause traffic congestion or a demand for police services which the Police Department is unable to meet; or

The time, route, or size of the parade will substantially interrupt the safe and orderly movement of pedestrian or vehicular traffic in the immediate vicinity of the parade site or route, or disrupt the use of a street at a time when it is usually subject to great traffic congestion; or

The concentration of persons, animals and vehicles at the site of the parade, or at the assembly and disbanding areas will prevent proper police, fire, ambulance, or other essential public services to areas contiguous to the parade; or

The size or duration of the parade will require diversion of so great an amount of city police services that providing for the minimum level of police services to other areas of the city is jeopardized; provided that:

a.

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 parade

participants with the number of the police officers available to police the parade; or

The parade will not move from its point of origin to its point of termination in three hours or less; or

The parade 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; or

The parade will occur at a time and place where the noise created by the activities of the parade will substantially disturb or disrupt the activities of such institutions as schools and hospitals; or

Sponsors have failed to indemnify the city for previous parade costs.

B.

When the grounds for denial of an application for a permit specified in subsections (A)(4) through (A)(10) of this section can be corrected by altering the time, place, and manner of the parade, as authorized by Section 12.44.140, the Chief of Police shall, instead of denying the application, conditionally approve the application provided that the applicant accepts such conditions for permit issuance. The conditions imposed shall provide for only such modification of the applicant's proposed parade as are necessary to achieve compliance with subsections (A)(4) through (A)(11) of this section.

(Prior code § 3-6.08 (§ 12))

The Chief of Police may condition the issuance of a parade permit by imposing reasonable requirements concerning the time, place, and manner of the parade, as necessary to protect the safety of all persons and property, provided that such conditions shall not unreasonably restrict the right of free speech. Such conditions include:

A.

Alteration of the date, time, or route of the parade proposed on the permit application;

B.

Alteration of the location of the assembly and disbanding areas of the parade;

C.

Accommodation of pedestrian or vehicular traffic, including restricting the parade to only a portion of a street traversed;

D.

Requirements for the use of traffic cones or barricades;

E.

Compliance with all ordinances or laws and obtaining all legally required permits or licenses;

F.

Requirements for the training and use of monitors;

G.

Restrictions on the number and type of vehicles, animals, or structures at the parade, and prior inspection and approval of floats, structures, and decorated vehicles for fire safety by the Oakland Fire Department;

H.

Compliance with animal protection ordinances and laws;

I.

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

J.

Restrictions on the use of amplified sound;

K.

Requirements for providing first aid or sanitary facilities;

L.

Requirements for notice of permit conditions to parade participants.

(Prior code § 3-6.08 (§ 13))

A.

The applicant shall have the right to appeal one or more permit conditions or the denial of a permit. The applicant shall also have the right to appeal the amount of fees, or cleanup deposits imposed pursuant to Section 12.44.190.

B.

A notice of appeal stating the grounds for the appeal shall be filed with the City Clerk within five days after mailing or personal delivery of a notice of denial or notice of permit condition(s).

C.

If an applicant files an appeal, the City Manager or his or her designee shall hold a hearing no later than two business days after the filing of the appeal, and will render a decision no later than one business day after hearing the appeal. The City Manager's decision is final.

(Prior code § 3-6.08 (§ 14))

The Chief of Police shall issue the parade permit once:

A.

Final action has been taken on the application pursuant to Sections 12.44.120A or 12.44.150C; and

B.

Where conditions have been imposed, the applicant has agreed in writing to comply with the terms and conditions of the permit; and

C.

The following sections of this article have been complied with:

Section 12.44.170 pertaining to indemnification;

Section 12.44.180 pertaining to police traffic control costs;

Section 12.44.190 pertaining to cleanup deposits (when applicable).

(Prior code § 3-6.08 (§ 15))

A.

Prior to the issuance of a parade permit, the permit applicant and president or designee of the sponsoring organization(s) (if any), must sign an agreement to reimburse the city for any costs insofar as permitted by law, arising from the repair of damage to city property proximately caused at the parade by the actions of the permittee, sponsoring organization, its officers, employees, or agents, or any person who was under the permittee's or sponsoring organization's control.

B.

The agreement shall also provide that the permittee and/or 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 parade proximately caused by the actions of the permittee and/or sponsoring organization, its officers, employees or agents, or any person who was under the permittee's and/or sponsoring organization's control.

C.

Persons who merely join in a parade are not considered by that reason alone to be "under the control" of the permittee or sponsoring organization.

(Prior code § 3-6.08 (§ 16))

A.

Prepayment of Fees. Upon approval of an application for a parade permit, the Chief of Police shall provide the applicant with a statement of the estimated cost of providing police officers for traffic control at the parade. The applicant/sponsor shall be required to prepay the traffic control fees prior to the issuance of a parade permit. Traffic control includes clearing the parade route or site of unauthorized vehicles, diversion of traffic around the parade, and directing pedestrian and vehicular traffic along the route of the parade.

B.

Computing Traffic Control Costs. The traffic control costs shall be computed by determining the number of police officers who will be required for traffic control beyond that which would otherwise be required at that time multiplied by the number of hours for which such additional service is rendered at the rate of the city's full cost of providing officers on an hourly basis as established by the Police Department's fee schedule.

C.

Refunds or Additional Charges. If the actual cost for traffic control on the date of the parade is less than the estimated cost pursuant to subsection A of this section, the applicant/sponsor will be promptly refunded the difference by the city. If more police hours are required than originally charged, the sponsor will be billed the additional costs.

D.

Pre-Established Parade Routes and Fees. The City Council, upon the recommendation of the Chief of Police shall pre-establish several parade routes within the city. The routes shall specify the number of officers assigned for police traffic control on the routes. The pre-established routes and the fee schedule for police traffic control services shall be made available to the public.

E.

Free Speech Routes and Waiver of Fees. Traffic control fees will be waived by the Chief of Police if the following conditions are satisfied:

The applicant/sponsor signs a verified statement that he or she believes the parade's purpose is First Amendment expression, and that the cost of traffic control fees is so financially burdensome that it would constitute an unreasonable burden on the right of First Amendment expression.

The applicant or sponsor selects one of the pre-established free speech parade routes.

The size of the parade can be controlled by one to four officers over a two-hour period.

(Prior code § 3-6.08 (§ 17))

A.

The applicant/sponsor of a parade involving horses or other large animals, water aid stations, the sale of food or beverages, or erection of structures, shall be required to provide a cleanup deposit prior to the issuance of a parade 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 parade if the area used for the parade has been cleaned and restored to the same condition as existed prior to the parade.

C.

If the property used for the parade has not been cleaned or restored, the permittee 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.

D.

If the permittee disputes the bill, he or she may appeal to the Director of Public Works within five days after receipt of the bill. Should there be any unexpended balance on deposit after completion of the work, this balance shall be refunded to the permittee. 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.

(Prior code § 3-6.08 (§ 18))

Any person wilfully violating any provision of the parade ordinance codified in this article shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not to exceed five

hundred dollars ($500.00) for each violation of the article and/or up to six months imprisonment in the county jail. (See Section 1.28.010A of this code.)

(Prior code § 3-6.08 (§ 8))