Chapter 11.62

PRIVATE FUNERAL ESCORT SERVICES

Sections:

• 11.62.010 Permit required for private funeral escorts.

• 11.62.040 Denial, suspension or revocation of permit.

• 11.62.050 Notice of decision to deny, suspend or revoke permit.

• 11.62.060 Procedure for hearing before the chief of police.

• 11.62.070 Decision of the chief of police after hearing.

• 11.62.080 Appeals to appeals hearing board.

• 11.62.090 Nontransferability of permits.

• 11.62.100 Indemnity and hold harmless.

• 11.62.110 Liability insurance.

• 11.62.120 Traffic safety instruction program.

11.62.130 Permit renewal procedures.

11.62.140 Official insignia.

• 11.62.150 Regulations.

11.62.160 Private processions must obey all traffic laws.

• A. Motor vehicle funeral processions may be led or escorted by private escorts within the City of San José in accordance with the requirements of this chapter.

• B. No person shall stop, obstruct or otherwise direct traffic in intersections while leading or escorting a motor vehicle funeral procession without first obtaining a valid funeral escort permit pursuant to this chapter.

• (Ord. 23675.)

• A. Any person holding a valid funeral escort permit pursuant to this chapter and leading or otherwise escorting a motor vehicle 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, at intersections controlled by:

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

  2. Signal lights, providing that the lead vehicle in the procession enters the intersection with a green light and the permittee remains in the intersections at all times when the light is not green until all funeral procession vehicles have cleared the intersection.

• B. A permittee is authorized to direct traffic in the manner specified in this section only while wearing the uniform and using the equipment authorized by the chief of police for this purpose, and while carrying on the permittee's person a valid funeral escort permit.

• 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. 23675.)

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§ 11.62.050

• A. Applications for a funeral escort permit shall be filed with the chief of police on forms provided by the chief of police, and shall contain or be accompanied by the following:

  1. Name and address of applicant, and the applicant's funeral escort service employer if the applicant is employed by such a service;

  2. Proof of liability insurance in compliance with this chapter;

  3. Proof of satisfactory completion of a traffic safety program of instruction, as described in Section 11.62.120, and satisfactory completion of a written traffic safety test issued by the chief of police;

  4. 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;

  5. Payment of permit, insignia and inspection fees, as established by the schedule of fees resolution of the city council;

  6. Proof that the vehicle to be used in the course of conducting escorts has been inspected by the chief of police to ensure that it meets the equipment and safety requirements set forth by the chief of police;

  7. An indemnification and hold harmless agreement as set forth in Section 11.82.10 of this chapter signed by the applicant and the applicant's funeral escort service employer; and

  8. Such other information as may be required by the chief of police.

• B. If all the requirements for approval of a funeral escort permit are met, then the chief of police shall issue a permit within fourteen days of submission of the completed application.

• C. The funeral escort permit shall be valid for a period of two years from the date of issuance.

• (Ord. 23675.)

Funeral escort permits issued pursuant to this chapter may be denied, suspended or revoked by the chief of police upon any of the following grounds:

• A. The application is incomplete or illegible;

• B. The applicant has knowingly made false statements on the application;

• C. The applicant has been convicted of a crime, and the time for appeal has elapsed, 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 operating motor vehicles or with leading or otherwise escorting a motor vehicle funeral procession;

• D. Failure to meet any of the requirements of this chapter;

• E. The applicant's unlawful or negligent operation of a motor vehicle during the three years prior to the date of application;

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

• (Ord. 23675.)

• A. Upon determining the existence of any of the grounds for denial, suspension or revocation in accordance with Section 11.62.040, the chief of police shall issue a notice of decision to deny, suspend or revoke the permit.

• B. The notice of decision shall state all the grounds and reasons upon which the denial, suspension or revocation is based.

• C. The notice of decision shall be mailed to the applicant or permittee at the address stated on the application or permit. Alternatively, the

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notice of decision may be delivered to the applicant or permittee or to the address given in the application or permit.

• D. The notice of decision shall advise that the denial, suspension or revocation shall become final unless the applicant or permittee files a written request for hearing before the chief of police within the time period specified in Section 11.62.060 of this chapter.

• (Ord. 23675.)

• A. The written request for a hearing before the chief of police must be received by the chief of police within ten days of the date of mailing the decision to deny, suspend or revoke the permit.

• B. The chief of police shall schedule a hearing which shall be held no later than thirty days after receipt of a timely request for hearing.

• C. The notice of hearing shall be mailed to the applicant or permittee not later than ten days prior to the scheduled date of the hearing.

• D. At the hearing before the chief of police, the applicant or permittee shall be given the opportunity to present witnesses and documentary evidence and to cross-examine witnesses.

• E. The hearing will be conducted informally and the technical rules of evidence shall not apply. Any and all other evidence which the chief of police deems reliable, relevant and not unduly repetitious may be considered.

• F. The applicant or permittee may be represented by another person.

• G. 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.

• (Ord. 23675.)

Within twenty days after the hearing, the chief of police shall mail a written decision sustaining,

reversing or modifying his or her initial decision to the applicant or permittee at the address stated in the application or permit.

(Ord. 23675.)

• A. If an applicant or permittee is dissatisfied with the written decision of the chief of police, he or she may file an appeal to the appeals hearing board.

• B. The appeal must be in writing and received by the secretary of the appeals hearing board within fifteen days of the date of the police chief's hearing decision.

• C. The appeal hearing shall be conducted in conformance with Part 29 of Chapter 2.08 and the rules and regulations of the appeals hearing board.

• (Ord. 23675.)

Funeral escort permits shall be issued by the chief of police in the names of individual persons actually conducting such escorts and shall expire two years from the date of issuance. Permits shall not be transferable or assignable. (Ord. 23675.)

• A. As a term and condition of the funeral escort permit, the funeral escort permittee and his or her funeral escort service employer shall assume all responsibility for his or her activity and operation, shall bear all losses and damages directly or indirectly resulting to him or her, any subcontractor, the city or its officers, agents and employees, that are the result of the performance or character of the operation, unforeseen difficulties, accidents, occurrences or other causes, regardless of the active or passive negligence of the city, its officers, agents or employees.

• B. As a term and condition of the permit, the permittee and his or her funeral escort service employer shall assume the defense of and in-

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demnify and hold harmless the city and its officers, agents and employees from all claims, loss, damage, injury and liability of every kind, nature and description, including punitive damages, directly or indirectly arising from the escorting of a motor vehicle funeral procession.

• (Ord. 23675.)

• A. During the term of a funeral escort 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 motor vehicle liability insurance policy and a comprehensive general liability insurance policy:

  1. In an amount not less than one million dollars single limit per occurrence; and

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

  3. Providing that the City of San José, its officers, employees and agents are to be named as additional insureds under the policies; and

  4. Covering all losses and damages as specified in this chapter; and

  5. Stipulating that the policies 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

  6. 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 days written notice to the city prior to the effective date of such cancellation or reduction in coverage.

• B. Proof of insurance shall be provided as required by the office of the risk manager.

• C. 1. In the event of failure of any permittee or his or her funeral escort employer to maintain in effect the required insurance policies, 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.

2. The chief of police may reinstate the permit when the suspended permittee provides the chief of police with proof of insurance as required by this section.

(Ord. 23675.)

• A. Each applicant for a funeral escort permit shall submit to the chief of police evidence of satisfactory completion of an instructional program of traffic safety.

• B. Evidence of successful completion of an instructional program of traffic safety shall include, but not be limited to, instructional materials received by the applicant from the program, test scores, and grades received by the applicant.

• C. The chief of police shall review and approve each submitted instructional program if the chief reasonably believes that the program provides the applicant sufficient training to safely direct traffic.

• (Ord. 23675.)

• A. A permittee seeking renewal of his or her funeral escort permit shall meet all the requirements for a permit renewal that applicants are required to meet in order to first obtain a funeral escort permit.

• B. All provisions of this chapter applicable to first-time applicants shall apply to a permittee applying for renewal of a funeral escort permit.

• (Ord. 23675.)

The chief of police shall approve an official insignia, uniform and any equipment which shall be

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worn by all permittees while directing traffic in the manner specified in Section 11.61.020. The chief of police shall also approve vehicular equipment regulations including a color and/or insignia scheme. (Ord. 23675.)

• A. The chief of police may prepare and issue written regulations for distribution to applicants and permittees regarding the implementation of the provisions of Chapter 11.62, 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.

• B. 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. 23675.)

Persons participating in private funeral processions or other processions within the city without police escort must obey all state and city traffic laws, except as specifically authorized by this chapter.

(Ord. 23675.)