Pinole Municipal Code Ch. 10.70 Parades

PARADE. Any march, athletic event, demonstration, or procession for an event consisting of persons, animals or vehicles or any combination thereof upon a public street, sidewalk, alley or other public place which does not comply with normal or usual traffic regulations or control. (Ord. 481 § 1(part), 1986).

The word “parade,” as used in this chapter, shall not apply to any of the following:

A. A funeral procession;

B. A governmental agency acting within the scope of its functions;

C. Students going to and from school classes or participating in educational activities, provided such activity is under the immediate supervision of school authorities authorized by the school district to approve and supervise such activity. (Ord. 481 § 1(part), 1986).

A. Any person desiring to conduct a parade, except as provided in Section 10.70.040, shall file an application with the chief of police not less than fifteen days prior to the proposed assembly time for the parade. Application shall be on forms provided by and available at the police department.

B. Said application shall contain:

1. The name of the applicant, the sponsoring organization, the parade chairman and the addresses and telephone numbers of each; the assembly area, disbanding area, and the route to be traveled; the assembly time, and the starting time;

2. So far as is reasonably practicable, the anticipated number of parade participants, the disbanding time; the maximum parade length; the total number of bands, sound vehicles or musical units, if any, with the type and number of members in each a unit; the number of animals, if any, and type; the number of floats, if any, with their type, size, and method of moving; and the space between the units and their speed;

3. The purpose of the parade. This application requirement is intended to allow the police chief to anticipate and provide for additional police services, if necessary, to protect the safety or parade participants and bystanders. No denial of a parade permit shall be based on the purpose given for the parade, if such purpose is constitutionally protected;

4. A statement as to whether a permit has been requested or obtained from any other jurisdiction within which said parade shall commence, pass or terminate.

C. If such a parade is designed to be held by and on behalf of, or for, any organization other than the applicant, the applicant for such permit shall file a communication in writing from such organization, authorizing the applicant to apply for such permit on its behalf. (Ord. 481 § 1(part), 1986).

Prior to the issuance of a parade 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 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 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. Persons who merely join in a parade or event are not considered by that reason alone to be “under control” of the permittee/sponsoring organization. (Ord. 481 § 1 (part), 1986).

A. The applicant/sponsor of an event must possess or obtain public liability insurance to protect against loss from liability imposed by law for damages on account of bodily injury and property damage arising from the event. Insurance coverage must be maintained for the duration of the event.

B. Coverage shall consist of the following:

1. General Liability. The applicant/sponsor shall maintain general liability coverage with a minimum one million dollar combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this event or the general aggregate limit shall be twice the required current limit.

2. Worker's Compensation Insurance. The applicant/sponsor shall maintain Worker's Compensation and Employers Liability insurance for all of its employees as required by the Labor Code and employer's liability limits of one million dollars per accident.

3. Automobile Liability. The applicant/sponsor shall maintain automobile liability insurance covering bodily injury and property damage in an amount of not less than one million dollars combined single limit for each occurrence.

C. Endorsements. A copy of the policy or certificate of insurance, along with all the necessary endorsements, must be filed with the chief of police no less than five days before the date of the event unless the chief of police for good cause waives the filing deadline. The following endorsements must be indicated on the policy and/or the certificate:

1. The city, its board, officers and employees are additionally insured under the policy as to the activities and operations being performed under this agreement and/or license;

2. The coverage is primary and no other insurance carried by applicant/sponsor will be called upon to contribute to a loss under this coverage;

• 3. The policy covers blanket contractual liability;
• 4. The policy limits of liability are provided on an occurrence basis;
• 5. The policy covers broad form property damage liability;
• 6. The policy covers personal injuries as well as bodily injury liability;

7. If alcoholic beverages are sold or served, the products liability coverage must include a liquor liability endorsement;

8. The policy covers products and completed operations;

9. The policy covers use of non-owned automobiles;

10. The coverage shall not be canceled nor materially altered unless thirty days' written notice is given to licensor.

D. The special event permit shall not be issued until after the insurance policy or certificate of insurance, along with necessary endorsements, have been filed by the applicant/sponsor and approved by the chief of police.

E. The insurance requirements of subsections A through C of this section shall be waived by the chief of police for nonathletic events if the following conditions are satisfied:

1. The applicant or an office of the sponsoring organization signs a verified statement that he or she believes the event's purpose is First Amendment expression, and that he or she has determined that the cost of obtaining insurance is so financially burdensome that it would constitute an unreasonable burden on the right of First Amendment expression; or

2. That it has been impossible to obtain insurance coverage. The statement shall include the name and address of one insurance agent or other source for insurance coverage contacted to determine insurance premium rates for insurance coverage. (Ord. 581 § 1, 1996: Ord. 481 § 1(part), 1986).

A. Any application received less than fifteen days before the proposed parade is a late application. The chief of police shall deny issuance of a parade permit to late applicants unless he or she finds one of the following conditions to be present:

1. Prior application was impossible since the parade is in response to an event of national or state importance which occurred less than fifteen days before the proposed parade date.

2. The applicant used due diligence but was not able to apply for a parade permit in a timely manner due to circumstances beyond his or her control.

B. When the chief of police finds one of the above conditions to exist, he or she shall consider the application and base his or her decision on the criteria enumerated in Section 10.70.080 of this chapter. (Ord. 481 § 1(part), 1986).

The chief of police shall act on applications in the following manner:

A. Applications received not less than fifteen days before the proposed parade shall be acted upon at least seven days prior to the-proposed assembly time for the parade.

B. Late applications shall be acted upon at least one day prior to the proposed assembly time for the parade. (Ord. 481 § 1(part), 1986).

A. Permits may be denied or revoked by the chief of police only upon his or her determination that one or more of the following conditions exist:

1. There is insufficient time for the police department to make necessary preparations or inquiry concerning traffic control or other public safety matters prior to the proposed parade date;

2. That the number of persons who would be seriously inconvenienced would be grossly disproportionate to the number of participants in the parade;

3. That the parade will occur between the hours of 6:30 a.m. to 9:30 a.m. or 4:00 p.m. to 7:00 p.m., Monday through Friday or on any day between the hours of 10:00 p.m. and 6:30 a.m. the next day;

4. That the parade will exceed three hours' duration;

5. That the parade will unduly interfere with ingress to, egress from, or travel on a freeway, state designated highway, or main thoroughfare of the city;

6. That the application is incomplete for failure to contain the information required in Section 10.70.030(B) of this chapter;

7. That the application contains a false statement as to a material fact;

8. That a significant number of the parade participants intent to engage in or provoke violence;

9. That the parade will conflict with a previously scheduled parade;

10. That safe conduct of the parade would require the diversion of so great a number of city police officers as to impair the normal police protection of the city;

11. That adequate clean up of litter or debris resulting from the parade has not been assured by the applicant when such litter debris, is a foreseeable and likely result of the parade;

12. That the parade is to be held for the principal purpose of advertising a product or event for private profit;

13. That the parade activity or parade route would unreasonably interfere with proper fire or police protection within an area of the city.

B. Written reasons shall be given to an applicant by the chief of police on the original application form to explain denial or revocation of a permit. (Ord. 481 § 1(part), 1986).

Any denial or revocation of a permit on the grounds of the unacceptability of the time, route, or sites (assembly or disbanding) of the proposed parade shall contain a counter-proposal of alternative acceptable times, routes and sites. (Ord. 481 § 1(part), 1986).

Any parade permit issued shall contain the information given in the application along with any restrictive conditions imposed by the chief of police in the interest of public safety, health or welfare. The permit shall be carried by the person heading or leading the parade who shall show it upon demand to any member of the police department. (Ord. 481 § 1(part), 1986).

The chief of police has authority to post signs prohibiting or restricting the parking of vehicles on any street or highway or part thereof constituting part of the parade route. It is unlawful for any person to park or leave unattended a vehicle in violation thereof. (Ord. 481 § 1(part), 1986).

If a grandstand, vehicle or other type of structure is to be used for parade viewing purposes, a building permit must be secured from the building official prior to the issuance of a parade permit by the chief of police. (Ord. 481 § 1(part), 1986).

Immediately upon granting or revoking a permit, the chief of police shall send a copy to:

A. City Manager;

B. Public works director;

C. Fire department. (Ord. 481 § 1(part), 1986).

A. It is unlawful for any person to conduct, manage, or participate in any parade which is not authorized by a written permit from the chief of police.

B. It is unlawful for any person to knowingly join or participate in any parade conducted under permit from the chief of police in violation of any of the terms of said permit, or in any manner interfere with the progress or orderly conduct of such permitted parade. (Ord. 481 § 1(part), 1986).

Any person affected or dissatisfied by any action of the chief of police in the administration of this chapter may, within five days after notification of such action, file an appeal with the City Manager by written notice to the City Clerk. The City Manager, after hearing the appeal, shall approve, modify or overrule the action of the chief of police. The decision of the City Manager shall be final. (Ord. 481 § 1(part), 1986).

If any section, subsection, sentence, clause, phrase, or portion of this chapter is for any reason held to be 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. The City Council declares that it would have adopted this chapter and each portion thereof, irrespective of the fact that any one portion be declared invalid or unconstitutional. (Ord. 481 § 1(part), 1986).

Any person, firm or corporation who shall do any act prohibited by this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not

exceeding five hundred dollars or by imprisonment in the county jail for a period not to exceed six months, or by both such fine and imprisonment. (Ord. 481 § 1(part), 1986).