Thousand Oaks Municipal Code Ch. 5 Parade Regulations and Permits

For the purposes of this chapter, “parade” shall mean any march or procession consisting of persons, animals, or vehicles, or combinations thereof, upon any public street, sidewalk, alley, or other public place, which parade does not comply with normal and usual traffic regulations or controls.

(§ 1, Ord. 347-NS, eff. February 22, 1973)

No person shall conduct, manage, or participate in any parade without a written permit from the City Manager.

(§ 1, Ord. 347-NS, eff. February 22, 1973, as amended by § I, Ord. 489-NS, eff. August 22, 1974)

No person shall knowingly join or participate in any parade conducted pursuant to a permit from the City Manager in violation of any of the terms of such permit, nor knowingly join or participate in any permitted parade without the consent and over the objection of permittee, nor in any manner interfere with the progress or orderly conduct of a parade.

(§ 1, Ord. 347-NS, eff. February 22, 1973, as amended by § I, Ord. 489-NS, eff. August 22, 1974)

Any person desiring to conduct or manage a parade shall, not less than twelve (12) nor more than one hundred eighty (180) business days before the date on which it is proposed to conduct such parade, file a verified application for a permit.

(a) Such 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, the disbanding area, and the route to be traveled; the assembly time; and the starting time; and

(2) So far as reasonably practicable, the disbanding time; the maximum parade length; the total number of bands, sound vehicles, or musical units, if any, their type, and the number of members in each unit; the total number of marching units, if any, their type, and the number of members in each unit; the number of animals, if any, and type; the number of floats, if any, their size, type, and how powered; and the space between the units and their speed.

(b) If such 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.

(§ 1, Ord. 347-NS, eff. February 22, 1973, as amended by § 13, Ord. 1374-NS, eff. April 26, 2001)

Cross-reference:

See also § 4-5.14

Upon the filing of the application, it shall be referred by the City Clerk to the Police Department for investigation, report, and recommendation. Such investigation shall be completed and such report and recommendation made in writing to the City Manager within ten (10) business days after the filing of the application unless the applicant requests or consents to an extension of such time period. If the recommendation shall be adverse to the applicant, the grounds for such recommendation shall be set forth. At the time of the filing of such report and recommendation with the City Manager, a copy thereof shall be served personally or by certified mail on the applicant, accompanied by a notice that the applicant may request to be heard, when the City Manager considers such application, by filing a written request therefor with the City Manager within three (3) days after the service of such notice and that failure to do so will constitute a waiver of his right to such hearing. The City Manager shall act to grant or deny such application on or before two (2) business days after the filing of such Police Department recommendation unless the time for such granting or denial of the permit shall be waived by the applicant in writing.

(§ 1, Ord. 347-NS, eff. February 22, 1973, as amended by § I, Ord. 489-NS, eff. August 22, 1974, and § 14, Ord. 1374-NS, eff. April 26, 2001)

(a) If the applicant requests a hearing, the City Manager shall conduct such hearing. The City Manager shall determine the time and place of the hearing, which shall be as soon as the calendar of business will permit and in no event later than seven (7) business days after the filing of such request for a hearing unless the applicant requests or consents to a later time for such hearing. Notice of the time and place of such hearing shall be given to all parties at least three (3) business days prior to such hearing.

(b) Where the hearing is before the City Manager, no member who did not hear the evidence or who has not read or heard the record or proceedings shall vote on the decision.

(c) The decision of the City Manager shall be in writing and shall contain findings of fact and a determination of the issues presented, together with the decision of the City Manager to grant or deny the permit for a parade. The decision shall become effective upon delivery.

(d) The decision of the City Manager relative to the issuance or denial of a parade permit shall be subject to appeal to the Council in accordance with the provisions of Chapter 4 of Title 1 of this Code.

(§ 1, Ord. 347-NS, eff. February 22, 1973, as amended by § I, Ord. 489-NS, eff. August 22, 1974, and § 15, Ord. 1374-NS, eff. April 26, 2001)

(a) The Council may adopt, by resolution, uniform rules and regulations to carry out the purposes of this chapter, based upon the standards set forth in this chapter, concerning the maximum sizes of any sign, banner, or placard to be carried in any parade and the type of materials to be used in any sign, placard, or carrying device therefor. As a condition of granting such permit, the City Manager may impose reasonable requirements concerning the time and place of such parade; the area and manner of assembling and disbanding such parade; the route of spacing of all units of such parade; the maximum length thereof; the maximum and minimum speed thereof; the stops permitted, if any; the accommodation of other traffic; the number and type of vehicles, if any; and such other requirements as are found by the City Manager to be reasonably necessary for the protection of persons or property and the control of other traffic.

(b) No permit shall be issued, nor shall any permit be valid, until the applicant has furnished to the City Clerk a certificate of insurance from a licensed liability insurance carrier in the State certifying that the applicant has been insured for liability coverages (bodily injury and property damage) for the event contemplated by the permit application. Any such certificate shall show that the City has been named as an additional insured for the purpose contemplated by the permit and that such insurance will not be cancelled without ten (10) days’ advance written notice served upon the City Clerk. The limits of liability and the form of the insurance shall be in an amount and in a form approved by the City Attorney.

(§ 1, Ord. 347-NS, eff. February 22, 1973, as amended by § I, Ord. 489-NS, eff. August 22, 1974)

Upon standards uniformly applied under similar conditions, the City Manager shall issue the permit conditioned upon the applicant’s written agreement to comply with the terms of such permit unless the City Manager finds that:

(a) The time, route, and size of the parade will disrupt to an unreasonable extent the movement of other traffic; or

(b) The parade is of a size or nature that requires the diversion of so great a number of police officers of the City to properly police the line of movement and the areas contiguous thereto as to prevent reasonable police protection to the City; or

(c) The permittee has not provided for the services of monitors to control the orderly conduct of the parade in conformity with such permit; or

(d) The permittee has failed to provide reasonable means for informing all the persons participating therein of the terms and conditions of such permit; or

(e) The concentration of persons, animals, and vehicles at assembly and disbanding areas and along the parade route will prevent proper fire and police protection or ambulance service; or

(f) Such parade will not move from its assembly area to its disbanding area expeditiously or not without stopping en route except when reasonably required for the same and orderly conduct of the parade; or

(g) Such parade will interfere with another parade for which a permit has been granted.

(§ 1, Ord. 347-NS, eff. February 22, 1973, as amended by § I, Ord. 489-NS, eff. August 22, 1974)

The City Manager shall deny such parade permit and notify the applicant thereof where:

(a) The City Manager makes any finding specified in Section 4-5.08 of this chapter as cause for not issuing such permit; or

(b) The applicant after due notice fails to appear at the hearing; or

(c) The facts contained in the application are found to be false or nonexistent in any material detail; or

(d) The applicant refuses to agree to abide by or comply with all the conditions of the permit.

(§ 1, Ord. 347-NS, eff. February 22, 1973, as amended by § I, Ord. 489-NS, eff. August 22, 1974)

The City Manager may order a reconsideration of all or part of the application for a permit, or of any permit theretofore granted, either upon his own motion, with five (5) days’ written notice thereof to the applicant, or upon the request of the applicant. A motion for reconsideration shall not be a condition precedent to judicial review.

(§ 1, Ord. 347-NS, eff. February 22, 1973, as amended by § I, Ord. 489-NS, eff. August 22, 1974)

In each permit the City Manager shall prescribe:

(a) The assembly area and the time therefor;

(b) The starting time;

(c) The minimum and maximum speeds;

(d) The route of the parade;

(e) What portions of streets to be traversed may be occupied by such parade;

(f) The maximum number of platoons or units and the maximum and minimum intervals of space to be maintained between the units of such parade;

(g) The maximum length of such parade in miles or fractions thereof;

(h) The disbanding area and disbanding time;

(i) The number of persons required to monitor the parade;

(j) The number and type of vehicles, if any;

(k) The material and maximum size of any sign, banner, placard, or carrying device therefor;

(1) That the permittee advise all participants in the parade, either orally or by written notice, of the terms and conditions of the permit prior to the commencement of such parade;

(m) That the amplification of sound permitted to be emitted from sound trucks or bull horns be fixed and not variable;

(n) That the parade continue to move at a fixed rate of speed and that any wilful delay or wilful stopping of such parade, except when reasonably required for the safe and orderly conduct of the parade, shall constitute a violation of the parade permit; and

(o) Such other requirements as are found by the City Manager to be reasonably necessary for the protection of persons or property. All conditions of the permit shall be complied with so far as reasonably practicable.

(§ 1, Ord. 347-NS, eff. February 22, 1973, as amended by § I, Ord. 489-NS, eff. August 22, 1974)

If the recommendation for the denial of a permit is based in whole or in part on the date, hour, or route of travel, the applicant may submit with his request to be heard a proposed alterative date, route of travel, or hours.

(§ 1, Ord. 347-NS, eff. February 22, 1973)

Within twenty-four (24) hours after the completion of a hearing on an application for a permit, the City Manager shall make his order denying or granting such application and shall, by personal service or certified mail, notify the applicant of his action. If the City Manager denies such application, he may authorize the conduct of such parade on a date, at a time, or over a route different from that named by the applicant, and, if the applicant desires to accept the proposed date, time, and route, he shall, within three (3) days after notice of the action of the City Manager, file a notice of acceptance with the City Manager.

The City Manager shall thereupon issue a permit. Such permit shall conform to the requirements of Section 4-5.11 of this chapter.

(§ 1, Ord. 347-NS, eff. February 22, 1973, as amended by § I, Ord. 489-NS, eff. August 1974)

The City Manager shall consider any application for a permit to conduct a parade which is filed less than ten (10) business days before the date such parade is proposed to be conducted if the Police Department has sufficient resources available prior to the proposed date of the parade to investigate, report, and make a recommendation on the application to the City Manager and it appears on the face of the application that:

(a) The time, route, and size of the parade shall not disrupt to an unreasonable extent the movement of other traffic;

(b) The parade is of a size or nature that does not require the diversion of so great a number of police officers of the City to properly police the line of movement and the areas contiguous thereto as to prevent reasonable police protection to the City;

(c) The permittee has provided for the services of monitors to control the orderly conduct of the parade in conformity with such permit;

(d) The permittee has provided reasonable means for informing all the persons participating therein of the terms and conditions of such permit;

(e) The concentration of persons, animals, and vehicles at assembly and disbanding areas and along the parade route will not prevent proper fire and police protection or ambulance service;

(f) Such parade will move from its assembly area to its disbanding area expeditiously or not without stopping en route except when reasonably required for the same and orderly conduct of the parade; and

(g) Such parade will not interfere with another parade for which a permit has been granted.

(§ 1, Ord. 347-NS, eff. February 22, 1973, as amended by § I, Ord. 489-NS, eff. August 22, 1974, and § 16, Ord. 1374-NS, eff. April 26, 2001)

Immediately upon the granting of a parade permit, the City Manager shall send a copy thereof to the following:

(a) The Fire Chief;

(b) The Director of the local emergency hospital;

(c) The Chief of Police;

(d) The Public Works Director;

(e) The Postmaster of the Thousand Oaks Post Office; and

(f) The general manager or responsible head of each public transportation utility, the regular routes of whose vehicles will be affected by the route of the proposed parade.

(§ 1, Ord. 347-NS, eff. February 22, 1973, as amended by § I, Ord. 489-NS, eff. August 22, 1974)

No permit shall be issued authorizing the conduct of a parade which the City Manager finds is proposed to be held for the sole purpose of advertising any product, goods, wares, merchandise, or event and which parade is designed to be held purely for private profit.

(§ 1, Ord. 347-NS, eff. February 22, 1973, as amended by § 1, Ord. 489-NS, eff. August 22, 1974)

Any permit for a parade issued pursuant to the provisions of this chapter may be summarily revoked by the City Manager at any time when, by reason of disaster, public calamity, or other emergency, the City Manager determines that the safety of persons or property demands such revocation.

(§ 1, Ord. 347-NS, eff. February 22, 1973, as amended by § I, Ord. 489-NS, eff. August 22, 1974)

Any applicant for a parade permit shall pay to the City Clerk the sum of Ten and no/100ths ($10.00) Dollars at the time of filing any application for a parade permit.

(§ 1, Ord. 347-NS, eff. February 22, 1973)

The wilful violation of any of the terms or conditions of the parade permit by the permittee or any participant in such parade shall be a violation of this Code pursuant to Section 1-2.01 of Chapter 2 of Title 1 of this Code.

(§ 1, Ord. 347-NS, eff. February 22, 1973, as amended by § X, Ord. 770-NS, eff. February 26, 1981)

If any section, subdivision, sentence, clause, phrase, or portion of this chapter, or the application thereof to any person, 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 or its application to other persons. The Council hereby declares that it would have adopted the provisions of this chapter, and each section, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subdivisions, sentences, clauses, phrases, or portions, or the application thereof to any person, be declared invalid or unconstitutional.

(§ 1, Ord. 347-NS, eff. February 22, 1973)