Article 2 — PARADES

This article shall be known and may be cited as the Parade Ordinance of the City of Oakley.

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

• a. "Chief of Police" shall mean the Chief of Police of the City of Oakley or his/her designee.

• b. "Parade" shall mean any parade, march, ceremony, show, exhibition, pageant, or procession of any kind, or any similar display in or upon any street, park, or other public place in the City.

• c. Parade "permit" shall mean a permit as required by this article.

• d. "Person" shall mean any person, firm, partnership, or association, company, or organization of any kind.

• e. "Vehicle" shall mean a device by which any person or property may be propelled, moved, or drawn upon a highway or road, whether moved by a motor, exclusively by human power or used exclusively upon stationary rails or tracks.

• a. No person shall engage in, participate in, aid, form, or start any parade unless a parade permit shall first have been obtained from the Chief of Police pursuant to the provisions of this article.

• b. Exceptions. This article shall not apply to:

  • 1. Funeral processions;
  • 2. Students going to and from school, classes, or participating in educational activities, providing such conduct is under the immediate direction and supervision of the proper school authorities;
  • 3. A government agency acting within the scope of its functions.

A person seeking issuance of a parade permit shall file an application with the Chief of Police or his/her designee on forms provided by the City.

• a. Filing Period. An application for a parade permit shall be filed with the Chief of Police not less than 30 days or more than one year before the date on which it is proposed to conduct the parade. Parades for the purpose of exercising the right of free speech and/or religious expression should file an application as soon as practicable before the parade but at least five days prior to the event unless good cause is shown (such as a circumstance relating to

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City of Oakley, CA

PUBLIC HEALTH, SAFETY, AND WELFARE

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§ 4.16.208

the purpose of the parade which arose after the application deadline).

• b. Contents. The application for a parade permit shall set forth the following information:

  • 1. The name, address and telephone number of the person seeking to conduct such parade;
  • 2. If the parade is proposed to be conducted for, on behalf of, or by an organization, the name, address and telephone of the headquarters of the organization, and the authorized and responsible heads of such organization;
  • 3. The name, address and telephone number of the person who will be the parade chairperson and who will be responsible for its conduct;
  • 4. The date when the parade is to be conducted;
  • 5. The route to be traveled, the starting point and the termination point;
  • 6. The approximate number of persons who, and animals and vehicles which, constitute such parade, the types of animals and descriptions of the vehicles;
  • 7. The hours when such parade will start and terminate;
  • 8. A statement as to whether the parade will occupy all or only a portion of the width of the streets proposed to be traversed;
  • 9. The location by streets of any assembly areas for such parade;
  • 10. The time at which units of the parade will begin to assemble at any such assembly area or areas;
  • 11. The interval of space to be maintained between units of such parade;
  • 12. If the parade is designed to be held by and on behalf of or for any person other than the applicant, the applicant for such permit shall file with the Chief of Police a communication in writing from the person proposing to hold the parade authorizing the applicant to apply for the permit on his/her behalf;
  • 13. Any additional information which the Chief of Police shall find reasonably necessary to a fair determination as to whether a permit should be issued.

• c. Late Applications. The Chief of Police, when good cause is shown therefore, shall have the authority to consider any application hereunder which is filed less than 30 days before the date such parade is to be held.

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

• 1. The conduct of the parade will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route;
  • 2. The conduct of the parade will not require a diversion of so great a number of police officers of the City to properly police the right of movement in the areas contiguous thereto as to prevent normal police protection to the City;

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§ 4.16.212

• 3. The conduct of such parade will not require the diversion of so great a number of ambulances as to prevent normal ambulance services to portions of the City other than that to be occupied by the proposed line of march and areas contiguous thereto;
• 4. 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;
• 5. The conduct of such parade will not interfere with the movement of firefighting equipment en route to a fire;
• 6. The conduct of the parade is not reasonably likely to cause injury to persons or property, or provoke disorderly conduct or create a disturbance;
• 7. The parade is scheduled to move from its point of origin to its point of termination expeditiously without unreasonable delays en route;
• 8. The parade is not to be held for the sole purpose of advertising a product, goods or event, and is not designed to be held purely for private profit.

• a. Application Fee. All applications for permits under the provisions of this article shall be accompanied by an application fee. No application fee paid under this article shall be refunded. Such fees shall be established by resolution of the City Council.

• b. Cleanup Deposit. The Chief of Police may require a cash deposit to be made prior to the issuance of a permit, in order to guarantee that applicant will perform a final cleanup of all areas where the parade will be conducted. The deposit shall not exceed the actual costs estimated to be necessary to accomplish the cleanup. Final cleanup shall be completed, to the satisfaction of the City Engineer, within 24 hours after cessation of the event. If the applicant fails to complete the cleanup within the specified period of time, or if the work is not performed to the satisfaction of the City Engineer, the City may perform the cleanup itself, either through the use of City employee or through contract. In the event the cleanup cost exceeds the amount of the security deposit, the applicant shall be liable to the City for payment of such excess cost. Upon certification by the City Engineer that the final cleanup has been satisfactorily completed, the cleanup deposit or any remaining balance thereof, shall be mailed to the applicant at his/her address shown on the application.

The Chief of Police shall act upon the application for a parade permit within seven days after the filing thereof. The Chief of Police shall refer the application for the permit required by this article to the City Engineer, City Engineer and Parks and Recreation Director for investigation and report as necessary. The Police Chief shall examine all applications and shall make or cause to be made such further investigation of the application and the applicant as deemed necessary in order to perform his/her duties under this article. In approving any permit, the Chief of Police may attach such conditions of approval as may be necessary to assure compliance with the provisions of this article. The Chief of Police shall notify the applicant of his/her decision by depositing notice of such decision in the first-class U.S. mail, postage prepaid, addressed to the applicant, not later than five days following the date of such decision. A notice of denial of an application must contain a statement of the facts upon which the denial is based and must contain a statement

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of the appeal procedure contained in Section 4.16.214.

Any person aggrieved by the decision of the Chief of Police shall have the right to appeal the decision to the City Manager. Such appeal shall be taken by filing a written notice of appeal with the City Clerk within 10 days of the date of the Chief of Police’s decision. A failure to file a timely appeal shall render the Chief of Police’s decision final. The City Manager shall set a time and place for a hearing on the appeal within five days of the filing of the appeal. The City Manager’s determination following the hearing shall be in writing and shall be sent to the parade applicant. The decision of the City Manager shall be final and conclusive.

The Chief of Police or City Manager in denying an application for a parade permit shall be empowered to authorize the conduct of the parade on a date, at a time, or over a route different from that named by the applicant. An applicant desiring to accept an alternative permit shall within five days after notice of the action of the Chief of Police or City Manager file a written notice of acceptance with the Chief of Police. An alternate permit shall conform to the requirements, and shall have the effect of a parade permit under this article.

Each parade permit shall state the following information:

• a. Starting time;

• b. Minimum speed;

• c. Maximum speed;

• d. Maximum interval of space to be maintained between the units of the parade;

• e. The portions of the streets to be traversed which may be occupied by the parade;

• f. Maximum length of the parade in miles or fractions thereof;

• g. Such other information as the Chief of Police shall find necessary to the enforcement of this article.

A permittee hereunder shall comply with all permit directions and conditions, and with all applicable laws and ordinances. A parade chairperson or other person heading or leading such activity shall carry the parade permit upon his/her person during the conduct of the parade.

• a. Interference. No person shall unreasonably hamper, obstruct or impede or interfere with any parade or parade assembly, or with any person, vehicle or animal participating or used in a parade.

• b. Driving Through Parades. No driver of a vehicle shall drive between the vehicles or persons

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§ 4.16.226

comprising a parade when such vehicles or persons are in motion and are conspicuously designated as a parade.

• c. Parking On Parade Route. The Chief of Police shall have the authority when reasonably necessary to prohibit or restrict the parking of vehicles along the highway or part thereof constituting a part of the route of a parade. The Chief of Police shall post signs to such effect and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof.

The Chief of Police shall have the authority to revoke a parade permit issued hereunder upon application of the standards for issuance as herein set forth.

A violation of the provisions of this article shall be deemed a misdemeanor.

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City of Oakley, CA

PUBLIC HEALTH, SAFETY, AND WELFARE

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