San Rafael Municipal Code Ch. 19.30 Assemblies and Parades in Public Streets and Rights-of-Way

As used in this chapter:

A. "Assembly" means the assembling or coming together of a number of persons for a particular purpose.

B. "Expressive activity" shall have that meaning set forth in Section 19.20.020 of this Code.

C. "Funeral procession" means a single direct movement from a mortuary or church to the place of burial of a human body, under direction of an authorized funeral director.

D. "March" means a planned or organized gathering of a group of persons, or which may reasonably be expected to result in the gathering of a group of persons, upon any public street, which gathering travels through, across and/or along public streets.

E. "Parade" means a planned or organized procession of any kind.

(Ord. No. 1998, § 6(Exh. B), 8-16-2021)

Except as otherwise provided in this chapter or other applicable law, an event permit shall be required to be obtained from the San Rafael Police Department for the following activities:

A. A parade, procession, march or assembly consisting of persons, animals, vehicles, or any other combination thereof, which is to assemble or travel in unison on any public street, highway, alley, sidewalk or other city-designated public right-of-way and which either: (1) may impede, obstruct, impair or interfere with the free use of such public street, highway, alley, sidewalk, or other public way owned, controlled or maintained by the city; or (2) does not comply with normal or usual traffic regulations or controls.

B. Event permits shall be on forms provided by the city and shall require insurance and indemnification from the permittee.

C. Events permits requiring the consent of other governmental or private entities shall not be issued where such consent is not provided.

D. Nothing in this section shall require persons or entities to obtain a permit for expressive activities or spontaneous events. Permit requirements for expressive activities and regulations regarding spontaneous events are set forth in chapter 19.40 of this Code.

(Ord. No. 1998, § 6(Exh. B), 8-16-2021)

This chapter shall not apply to any of the following:

A. Funeral processions.

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

C. Expressive activities as that term is defined in chapter 19.40 of this Code.

D. Activities subject to permits pursuant to chapter 19.20 of this Code.

(Ord. No. 1998, § 6(Exh. B), 8-16-2021)

Application for permits under this chapter must be filed with the chief of police not less than ninety (90) days in advance of a proposed parade, and not less than seven (7) days in advance of a proposed public march or assembly. Late applications may be accepted if filed sufficiently in advance of the date of the proposed activity to enable the chief of police to determine that said activity will meet the requirements set forth in Section 19.30.050. The application shall be in writing and shall give the following information:

A. The name, address and telephone number of the person requesting the permit. If the activity is proposed to be conducted for, on behalf of, or by any organization, the name, address and telephone number of the headquarters of the organization and the authorized head of such organization shall be stated.

B. The name, address and telephone number of the person who will be directly in charge of and responsible for the activity.

C. The purpose of the activity.

D. The date, time and location or route of the proposed activity.

E. The approximate number of persons who will participate in the activity, and the number and kind of vehicles, equipment and animals, which will be used.

F. Plans for the dispersal of the activity, including the times and locations thereof.

G. A statement as to whether the activity will occupy all or only a portion of the streets proposed to be traversed.

H. A statement as to whether a permit has been requested or obtained from any other city within which said activity shall commence, terminate or occur in part.

(Ord. No. 1998, § 6(Exh. B), 8-16-2021)

The chief of police or their designated representative shall issue a permit as provided for hereunder when, from a consideration of the application and from such other information as may otherwise be obtained, they find that:

A. The activity will not substantially interrupt the safe and orderly movements of traffic in areas of the city beyond the direct vicinity of the proposed activity.

B. The activity will not require the diversion of so great a number of police officers to properly police the activity and the areas contiguous thereto, as to prevent normal police protection to the city.

C. The concentration of persons, animals and vehicles will not unduly interfere with proper fire and police protection of, or ambulance service to, areas where the activity will take place, areas contiguous to such area or the remainder of the city.

D. The activity will not unduly interfere with the movement of fire-fighting equipment en route to a fire, or the movement of other emergency equipment.

E. The proposed activity includes sufficient security and/or safety mechanisms and protocols so as protect the general health, safety and welfare of the activity participants and the public at large.

F. Such activity is not to be held for the sole purpose of advertising the goods, wares, or merchandise of a particular business establishment or vendor.

G. The activity as proposed, will not violate any applicable law.

(Ord. No. 1998, § 6(Exh. B), 8-16-2021)

A. The chief of police, or their designated representative, shall condition the permit on the activity complying with the findings set forth in section 19.30.050. The chief of police, or their designated representative shall require the payment for additional police personnel required for proper management of the activity.

B. Each permittee shall execute a hold harmless agreement in a form approved by the city agreeing to defend, indemnify and hold harmless the city against losses and liabilities incurred from conduct of the permittee or its officers, employees, agents, and invitees.

C. The permittee shall procure and maintain in full force and effect during the term of the permit a policy of insurance which policy includes the city, its boards, officers, agents, employees and volunteers as additional insureds and which provides the standard coverage required by the city.

(Ord. No. 1998, § 6(Exh. B), 8-16-2021)

If a prior permit application shall have been made for an activity proposed to be held at the same time or place, the chief of police or their designated representative may refuse approval of the later application. In case of such refusal, they shall forthwith send the applicant a written notice that they may apply for an alternate time and place.

(Ord. No. 1998, § 6(Exh. B), 8-16-2021)

Written notice of the issuance or denial of a permit shall be provided to the applicant by the chief of police or their designated representative within ten (10) days of receipt of a completed application. If a permit is denied said written notice shall state the reasons for denial.

(Ord. No. 1998, § 6(Exh. B), 8-16-2021)

The applicant shall have the right to appeal the denial of a permit to the city manager. A notice of appeal shall be filed with the city clerk within two (2) days after receipt of notice of the denial. The city manager shall act upon the appeal within thirty (30) days following receipt of notice of appeal. It may affirm or modify the action of the chief of police or their designated representative. The city manager's decision shall be final.

(Ord. No. 1998, § 6(Exh. B), 8-16-2021)

The permittee shall be responsible for the removal of all written materials and other property, including restoring the city street, sidewalk, and/or right-of-way in which the activity occurred to its original condition prior to the activity. The permittee shall be responsible for any damage resulting from the activity.

(Ord. No. 1998, § 6(Exh. B), 8-16-2021)

A. A permittee hereunder shall comply with all terms and conditions of said permit and with all applicable laws and ordinances.

B. The written permit obtained pursuant to this chapter shall be carried by the person heading or leading the activity for which the permit was issued.

(Ord. No. 1998, § 6(Exh. B), 8-16-2021)

The chief of police or their designated representative may revoke any permit issued hereunder if (1) the permittee fails to comply with the terms and conditions of said permit, and any other local, state or federal laws governing the activity, or (2) if the activity, because of the manner in which it is being conducted, is jeopardizing those elements of the public safety or welfare set forth in Section 19.30.050.

(Ord. No. 1998, § 6(Exh. B), 8-16-2021)

A. It is unlawful for any person to unreasonably obstruct, impede or interfere with any parade, procession, march or assembly or with any person, vehicle or animal participating in such a parade, meeting or assembly for which a permit has been granted in accordance with the provisions of this chapter.

B. The chief of police shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a highway or part thereof constituting a part of the route of a parade, procession, march or assembly. The chief of police shall post signs to such effect, and it is unlawful for any person to park or leave unattended any vehicle in violation thereof.

(Ord. No. 1998, § 6(Exh. B), 8-16-2021)