Chapter 10.10 — TEMPORARY STREET CLOSURES

• Editor's Note: Prior ordinance history: Ordinance Nos. 2593, 3008 and 3364.

(a) A temporary street closure is: (1) any march, demonstration, procession or motorcade consisting of persons, animals, or vehicles or a combination thereof upon the streets, parks or other public grounds within the city with an intent of attracting public attention that interferes with or has a tendency to interfere with the normal flow or regulation of traffic upon the streets, parks or other public grounds; or (2) any meeting, demonstration, picket line, rally or gathering of more than twenty-five persons for a common purpose as a result of prior planning that interferes with or has a tendency to interfere with the normal flow or regulation of pedestrian or vehicular traffic or occupies any public area in a place open to the general public.

(b) A temporary street closure that exceeds one city block in length or obstructs more than one intersection in the city, whether or not such occurrence is moving, and which is not conducted, managed or sponsored for commercial or advertising purposes or profit shall be designated Class A.

(c) A temporary street closure not exceeding one city block or one intersection on other than arterial or collector streets, in the city of Palo Alto, and along which at least two-thirds of the area is in a residential zone, and to which a majority of owners, residents or tenants of properties fronting upon such area consent, which is sponsored solely by such residents, tenants or owners, and is not for commercial or advertising purposes or profit shall be designated Class B.

(Ord. 4406 § 1 (part), 1997)

It is unlawful for any person to participate in, advertise for or in any way attempt to promote, organize, control, manage, solicit, or induce participation in a temporary street closure unless a permit is first obtained from the chief of police. No person shall violate any of the terms of a permit for temporary street closure or this chapter, nor join or participate in any permitted activity under this chapter over the objection of the permittee, nor in any manner interfere with the progress or orderly conduct of a temporary street closure. Notwithstanding the provisions of Section 9.04.010, a permit for temporary street closure issued by the chief of police may allow consumption of alcoholic beverages pursuant to and during the life of the permit.

(Ord. 4406 § 1 (part), 1997)

This chapter shall not apply to the following:

(a) Funeral processions;

(b) Students going to and from school classes or participating in educational activities, provided that such conduct is under the immediate direction and supervision of the proper school authorities;

(c) A governmental agency acting within the scope of its functions; and

(d) Spontaneous events occasioned by news or affairs coming into public knowledge within three days of such temporary street closure, provided that the organizer thereof gives written notice to the city at least twenty-four hours prior to such temporary street closure.

(Ord. 4406 § 1 (part), 1997)

Applications for permits shall be made on a form supplied by the city and shall contain the following information:

(a) Name of the person or persons and organization sponsoring a temporary street closure. If an organization, the application shall contain the names of the president or chairperson, and all other persons: (1) having an interest or position of management or control in such organization, and (2) who are or will be engaged in organizing, promoting, controlling, managing or soliciting participation in such temporary street closure;

(b) The residence and business address and phone numbers of each person and organization listed in subsection (a);

(c) The date, and beginning and ending hours of such temporary street closure;

(d) The proposed route, or such intersections or blocks in which such closure will occur;

(e) Estimated number of persons who will participate;

(f) Purpose of the temporary street closure;

(g) Whether parking is requested to be restricted or prohibited during such closure;

(h) Quantity, wattage, decibel output and general information about all sound amplification equipment to be used;

(i) Whether or not charity, gratuity, or offering will be solicited or accepted, or sales of food, beverages or other merchandise will occur;

(j) Whether such temporary street closure will occupy all or only a portion of streets or intersections involved;

(k) Estimated number of animals, equestrian units, animal-drawn conveyances, floats, vehicles, bicycles, motorized displays, and identifiable marching units such as bands, color guards and drill teams to participate;

(l) Locations of assembly and dispersal of all persons and units listed in subsections (e) and (k);

(m) Whether a permit has been requested or obtained from any other jurisdiction in which the activity shall commence, terminate or occur in part;

(n) Such other information as the chief of police deems reasonably necessary in order to carry out his or her duties under this chapter. Applicants for Class B temporary street closures need not furnish items (k), (l), and (m) above.

(Ord. 4406 § 1 (part), 1997)

The temporary street closure application shall be filed not less than ten nor more than one hundred eighty days in advance of the proposed date of such closure. Failure to file within such period is sufficient grounds for denial of a permit. The chief of police may waive the minimum ten-day filing period and accept an application filed within a shorter period if, after due consideration of the date, time, place, and nature of the temporary street closure, the anticipated number of participants, and the city services required in connection with the event, the chief of police determines that the waiver will not present a hazard to public safety.

(Ord. 4406 § 1 (part), 1997)

(a) The chief of police shall determine whether and to what extent additional police protection is reasonably necessary for the temporary street closure for traffic control and public safety. The chief of police shall base this decision on the size, location, duration, time and date of the event, the expected sale or service of alcoholic beverages, the number of streets and intersections blocked, and the need to detour or preempt citizen travel and use of the streets and sidewalks. The speech content of the event shall not be a factor in determining the amount of police protection necessary. If possible, without disruption of ordinary police services or compromise of public safety, regularly scheduled on-duty personnel will police the event. If additional police protection for the temporary street closure is deemed necessary by the chief of police, he or she shall so inform the applicant for the permit. The applicant then shall have the duty to secure the police protection deemed necessary by the chief of police at the sole expense of the applicant.

(b) Persons seeking a temporary street closure for the sole purpose of public issue speech protected under the First Amendment are not required to pay for any police protection provided by the city.

(Ord. 4406 § 1 (part), 1997)

In the event that a charitable solicitation, collection or gratuity is involved, or food, beverages, or other merchandise is to be sold, Chapters4.10 or 4.30, whichever is applicable, shall be complied with prior to issuance of a permit under this chapter. Any use of candles, torches, fires, or other combustible substances shall be in accordance with Title 15 of the Palo Alto Municipal Code.

(Ord. 4406 § 1 (part), 1997)

(a) The chief of police shall issue a permit when, from a consideration of the application and from such other information as may otherwise be

lawfully obtained, he or she finds that:

(1) The conduct of the temporary street closure will not substantially interrupt the safe and orderly movement of other pedestrian or vehicular traffic contiguous to its route or location;

(2) The conduct of the temporary street closure will not require the diversion of so great a number of police officers to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection of the city;

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

(4) The conduct of the temporary street closure is not reasonably likely to cause injury to persons or property;

(5) The temporary street closure is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route;

(6) Adequate sanitation and other required health facilities are or will be made available in or adjacent to any public assembly areas;

(7) There are sufficient parking places near the site of the temporary street closure to accommodate the number of vehicles reasonably expected;

(8) The applicant has secured the police protection required by the permit;

(9) The temporary street closure is not for the primary purpose of advertising any product, goods or event that is primarily for private profit, and the temporary street closure itself is not primarily for profit. The prohibition against advertising any product, goods or event shall not apply to signs identifying organizations or sponsors furnishing or sponsoring exhibits or structures used in the temporary street closure;

(10) No temporary street closure permit application for the same time and location is already granted or has been received and will be granted;

(11) No temporary street closure permit application for the same time and location is already granted or has been received and will be granted, and the police resources required for that prior temporary street closure are so great that in combination with the subsequent proposed application, the resulting deployment of police services would have an immediate and adverse effect upon the welfare and safety of persons and property;

(12) No event is scheduled elsewhere in the city where the police resources required for that event are so great that the deployment of police services for the proposed temporary street closure would have an immediate and adverse effect upon the welfare and safety of persons and property; and

(13) The applicant has made a false, misleading or fraudulent statement of material fact in the application for a permit or in any other document required pursuant to this chapter.

The chief of police shall act promptly upon a timely filed application for a temporary street closure permit but in no event shall grant or deny a permit less than forty-eight hours prior to the event. If the chief of police disapproves the application, he or she shall notify the applicant either by personal delivery or certified mail at least forty-eight hours prior to the event of his action and state the reasons for denial.

The chief of police, in denying an application for a temporary street closure permit, may authorize the conduct of the temporary street closure at a date, time, location, or route different from that named by the applicant. An applicant desiring to accept an alternate permit shall, within five days after notice of the action of the chief of police, file a written notice of acceptance with the chief of police.

An alternate temporary street closure permit shall conform to the requirements of, and shall have the effect of, a temporary street closure permit issued under this chapter.

(Ord. 4406 § 1 (part), 1997)

Upon a denial of a permit by the chief of police, the applicant may appeal by filing the application within seventy-two hours or two city working days, whichever is longer, with the city manager, who shall set the appeal for hearing within forty-eight hours. After holding a hearing, the city manager may reverse, affirm or modify in any respect the determination of the chief of police. Following an appeal the applicant may immediately seek a review of the city manager's decision in a court of competent jurisdiction.

(Ord. 4406 § 1 (part), 1997)

The chief of police shall have the authority to revoke a temporary street closure permit immediately upon violation of the conditions or standards for issuance as set forth in this chapter or when a public emergency arises such that the police resources required for that emergency are so great that deployment of police services for the temporary street closure would have an immediate and adverse effect upon the welfare and safety of persons or property. Notice of revocation of a permit shall be delivered in writing to at least one person named upon the permit by personal service or by certified mail, or if the closure has commenced, orally or written by personal contact or service or by telephone. Continuance of a temporary street closure after such notice has been delivered is unlawful.

(Ord. 4406 § 1 (part), 1997)

(a) It shall be unlawful for any person to stage, present, or conduct any temporary street closure without first having obtained a permit as herein provided.

(b) It shall be unlawful for any person to participate in a temporary street closure for which the person knows a permit has not been granted.

(c) It shall be unlawful for any person in charge of, or responsible for the conduct of, a duly licensed temporary street closure to knowingly fail to comply with any condition of the permit.

(d) It shall be unlawful for any person to engage in any temporary street closure activity that would constitute a substantial hazard to the public safety or that would materially interfere with or endanger the public peace or rights of residents to the quiet and peaceful enjoyment of their property.

(e) It shall be unlawful for any person participating in any temporary street closure to carry or possess any length of metal, lumber, wood, or similar material for purposes of displaying a sign, poster, plaque or notice, unless such object is one-fourth inch (1/4") or less in thickness and two

inches or less in width, or if not generally rectangular in shape, such object shall not exceed three-fourths inch (3/4") in its thickest dimension.

(f) It shall be unlawful for any person to carry any sign, poster, plaque, or notice, whether or not mounted on a length of material as specified in subsection (e) of this section, unless such sign, poster, plaque, or notice is constructed or made of a cloth, paper, or cardboard material.

(g) It shall be unlawful for any person participating in a temporary street closure to utilize sound amplification equipment at decibel levels that exceed those limits imposed by Chapter 9.10.

(h) It shall be unlawful for any person to ride, drive, or cause to be ridden or driven any animal or any animal-drawn vehicle upon any public street, unless specifically authorized by the permit.

(Ord. 4406 § 1 (part), 1997)

(a) No person shall unreasonably hamper, obstruct or impede, or interfere with any temporary street closure or with any person, vehicle or animal participating or used in a temporary street closure.

(b) No driver of a vehicle shall drive between the vehicles or persons comprising a temporary street closure when such vehicles or persons are in motion and are conspicuously designated as a temporary street closure.

(c) The chief of police shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a street constituting a part of the route of a temporary street closure. The chief of police shall post signs to that effect, and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof.

(Ord. 4406 § 1 (part), 1997)

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter.

(Ord. 4406 § 1 (part), 1997)