Redding Municipal Code Ch. 11.48 Funeral Escort Services

It is the purpose of this chapter to use the power conferred to local agencies by Section 21100(e) of the California Vehicle Code to authorize the appointment of persons other than traffic officers to direct traffic in such prescribed situations and locations as may require traffic direction for orderly traffic flow.

(Ord. 2414 § 1 (part), 2008)

For purposes of this chapter, the following definitions shall apply:

"Funeral escort" means a uniformed person or persons directing the movement of a group of vehicles engaged in a funeral procession.

"Funeral procession" means a group of two or more vehicles traveling in line from a funeral service, whether that funeral service is held at a place of worship or another location, to a transportation facility, cemetery or crematory.

(Ord. 2414 § 1 (part), 2008)

No person shall stop traffic at intersections or otherwise violate this code while leading or escorting a vehicular funeral procession without first obtaining a permit pursuant to this chapter.

(Ord. 2414 § 1 (part), 2008)

A. Any person issued a valid funeral escort permit pursuant to this chapter and leading or otherwise escorting a vehicular funeral procession shall obey all traffic laws, including all speed laws, except that such person is authorized to stop cross-traffic to enable all vehicles in the funeral procession to proceed together as an unbroken chain through intersections controlled by:

1. Stop signs, providing that the permittee physically remains in the intersection until all funeral procession vehicles have cleared the intersection; or

2. Signal lights, providing that the lead vehicle in the procession enters the intersection with a green light and the permittee physically remains in the intersection at all times when the light is not green.

B. A permittee is authorized to direct traffic in the manner specified in this section only while wearing an official insignia issued by the chief of police and while carrying a valid permit issued to him or her as an individual pursuant to the provisions of this chapter.

C. The chief of police may order the immediate suspension or revocation of a funeral escort permit if the permittee has not directed traffic in the manner specified in this section.

(Ord. 2414 § 1 (part), 2008)

Applications for a funeral escort permit shall be filed with the chief of police or his or her designee and shall contain the following information:

A. Name and address of each member or the organization that will be escorting as well as the applicant's funeral escort service employer if the applicant is employed by such service;

B. Proof of liability insurance in compliance with the requirements for the insurance determined from time to time by the city council by resolution;

C. Proof of satisfactory completion of a traffic safety program of instruction, as described in Section 11.48.110;

D. Proof that the applicant holds a valid California vehicle operator's license, properly endorsed for the type of vehicle the applicant intends to use while directing vehicular funeral processions;

E. Permit and insignia fees, as established by the city's fee schedule;

F. Such other information as may be required by the chief of police or his or her designee; and

G. A copy of the current city of Redding business license issued to the funeral escort service provider.

(Ord. 2414 § 1 (part), 2008)

Permits authorized by this chapter may be denied by the chief of police or his or her designee upon submission of the original or renewal application upon the following grounds:

A. The application is incomplete;

B. Applicant has been convicted of a felony, crime, or an order granting probation is made, suspending the imposition of sentence (irrespective of the entry of a subsequent order under Penal Code Section 1203.4); provided, however, that the permit may be denied upon this ground only if the crime is substantially related to the qualifications, functions or duties associated with leading or otherwise escorting a vehicular funeral procession;

C. The applicant's unlawful or negligent direction of traffic while escorting a vehicular funeral procession or other motor vehicle procession;

D. Failure to maintain a current city of Redding business license; or

E. Failure to maintain responsible driving record.

(Ord. 2414 § 1 (part), 2008)

A. Funeral escort permits shall be issued by the Redding police department and shall expire on the anniversary date of issuance in the calendar year following the date of issuance, unless sooner revoked. Permits shall not be transferable.

B. Applicant must submit funeral procession route three days prior to the event to be approved by police chief or his or her designee.

(Ord. 2414 § 1 (part), 2008)

The funeral escort permittee, or his or her funeral escort service employer, shall assume all responsibility for his or her activity and operation. The funeral escort permittee, or his or her funeral escort service employer, shall protect, defend, indemnify and hold harmless the city, its city council, officers, employees, agents, and successors from and against all claims, injury, liability, loss, damage (including punitive damages), cost, and expense (including all costs and reasonable attorneys' fees in providing the defense to any claim or cause of action), however same may be caused or claimed to be caused, that arise directly or indirectly from his or her activity in providing escort service to a vehicular funeral procession.

(Ord. 2414 § 1 (part), 2008)

During the term of a permit issued pursuant to this chapter, the permittee, or his or her funeral escort service employer, shall maintain in full force and effect, at the permittee's or his or her employer's own cost, a comprehensive auto and general liability insurance policy with the following characteristics:

A. In an amount to be set, from time to time, by resolution adopted by the city council with restrictions on self-insured limits;

B. Issued by an admitted insurer or insurers as defined by the California Insurance Code;

C. Providing that the city, its city council, its officers, employees, agents, and successors are to be "named insured" under the policy;

D. Covering all losses and damages as specified in Section 11.48.080;

E. Stipulating that the policy will operate as primary insurance and that no other insurance effected by the city or other named insured will be called on to contribute to a loss covered thereunder; and

F. Providing that no cancellation, change in coverage, or expiration by the insurance company or the insured shall occur during the term of the funeral escort service permit without thirty calendar days' written notice to the city prior to the effective date of such cancellation or change in coverage.

In the event of the failure of any permittee or his or her funeral escort service employer to maintain in effect such insurance policy, the funeral escort permit shall be considered to be suspended as a matter of law from the date of cancellation or a lapse of the required insurance. The chief of police may reinstate the permit when the suspended permittee provides the city of Redding with proof of insurance as required by this section.

(Ord. 2414 § 1 (part), 2008)

The chief of police or his or her designee may refuse to issue or renew, or may revoke, a funeral escort service permit only after a hearing granted upon at least three calendar days' written notice given to the permittee. Such notice shall specify the specific grounds for the proposed action. At the hearing, to be held before the city manager or his or her designee, the permittee shall be given the opportunity to present witnesses and documentary evidence, to be represented by counsel, and to examine all witnesses presented. Issuance of a written notice of cancellation by an insurance company shall be conclusive proof at the hearing of the effective cancellation of an insurance policy. A decision of the city manager or his or her designee revoking or upon denying the permit shall be effective upon the effective date of the cancellation of said insurance or upon the date when the written decision is signed by the city manager or his or her designee, whichever is earlier.

(Ord. 2414 § 1 (part), 2008)

Each applicant shall submit to the chief of police evidence of the curriculum, including instructional materials and skills taught and practiced, of an instructional program of traffic safety. The chief of police shall review and approve each submitted instructional program as outlined in Section 11.48.040.

(Ord. 2414 § 1 (part), 2008)

The chief of police shall approve an official insignia, uniform and any equipment, which must be worn by all permittees while directing traffic in the manner specified in Section 11.48.040. The chief of police shall also approve vehicular equipment regulations including a color and/or insignia scheme. The uniform color shall be dissimilar to those worn by sworn city of Redding police officers.

(Ord. 2414 § 1 (part), 2008)

The chief of police may prepare and issue written regulations for distribution to applicants and permittees regarding the implementation of the provisions of this chapter, including but not limited to, the safe and lawful conduct of funeral escort services, and the maintenance of insignia, uniforms, motor vehicles and equipment used in escorting funeral processions. Such regulations shall be binding upon applicants and permittees. Permittees shall comply with these written regulations as a term and condition of the permit.

(Ord. 2414 § 1 (part), 2008)