Chapter 8.70 — PARADES AND EVENTS

Section 8.70.010 Purpose. 8.70.020 Definitions. 8.70.030 Persons obstructing streets. 8.70.040 Obstructing entrances to public assemblages. 8.70.050 Permit required—Parades and events. 8.70.060 Enforcement officer designated. 8.70.070 Permit—Application. 8.70.080 Permit—Issuance. 8.70.090 Amplified sound. 8.70.100 Police Department fees. 8.70.110 Demonstration equipment prohibited. 8.70.120 Indemnification and insurance. 8.70.130 Permit—Use. 8.70.140 Transfer of permit. 8.70.150 Revocation of permit. 8.70.160 Public conduct.

The purpose of this chapter is to regulate parades occurring on, upon, or along any city street, sidewalk, alley, or other public way to ensure the safety of parade participants and observers, promote the free flow of vehicular and pedestrian traffic, and facilitate multiple uses of such property. (Ord. 09-17, passed 12-15-2009)

The following words and terms when used in this chapter shall have the meanings herein ascribed to them. EXPRESSIVE ACTIVITY. The sole or principal object of which is the expression, dissemination, or communication of opinion, views, or ideas by verbal, visual, literary, or auditory means. PARADE. Any parade, march, rally, protest, picketing, assembly, vigil, ceremony, show, review, exhibition, pageant, motorcade, athletic event or procession of any kind, or any similar display, which is to assemble or travel in unison on, upon, or along any portion of any public street, sidewalk, alley or other public way and which: (1) Does not comply with the normal and usual traffic regulations or controls, or (2) Is likely to impede, obstruct, impair or interfere with the free use of such public street, sidewalk, alley, or other public way.

PARADE ORGANIZER. Any person who conducts, manages, promotes, organizes, aids or solicits attendance at a parade. STREET, SIDEWALK, ALLEY, OR OTHER PUBLIC WAY. Includes all streets, highways, avenues, lanes, sidewalks, alleys, and other public ways in the city open to public use for purposes of vehicular or pedestrian travel. (Ord. 09-17, passed 12-15-2009)

No person shall loiter or stand or sit in or upon any public street, highway, lane, alley, sidewalk or crosswalk in the city so as to, in any manner, hinder or obstruct the free passage therein of persons or vehicles passing along the same, or so as, in any manner, to annoy or molest persons passing along the same. (Ord. 09-17, passed 12-15-2009)

No person shall loiter or stand or sit in or at the entrance to any church, hall, theater or any place of public assemblage in the city so as to, in any manner, obstruct the entrance. (Ord. 09-17, passed 12-15-2009)

No person shall hold, manage, conduct, carry on or cause or permit to be held, conducted or carried on, any parade, march or procession of any kind; or hold, conduct or address any assemblage, meeting or gathering of persons or make or deliver any public speech, lecture or discourse or conduct or take part in any public debate or discussion; or make any display of or use, beat or operate any wind instrument, stringed instrument or musical instrument in or upon any public street, sidewalk, public park or public place in the city without having first obtained from the City Manager a written permit so to do. Funeral processions are exempt from obtaining permits. (Ord. 09-17, passed 12-15-2009)

It shall be the duty of the City Manager, or his or her designee, to enforce the provisions of this chapter. (Ord. 09-17, passed 12-15-2009)

Every person desiring to carry on, engage in or do any acts set forth or regulated by this chapter shall first make a written application to and secure from the City Manager a written permit therefore and which permit shall be signed by the applicant if he or she be an individual, or by the managing agent thereof if the applicant be a firm, corporation or association. (A) Place and time for filing. Applications shall be filed with the City Clerk's Office and shall be filed not less than ten calendar days before the proposed date of the parade. (B) Application fee. All applications, except for events that qualify as an expressive activity, shall be submitted with payment of a nonrefundable fee. (Ord. 09-17, passed 12-15-2009)

(A) Review by City Manager. Upon the filing of complete application for a parade permit, the City Manager, or his or her designee, shall review for compliance with this section. (B) Action on permit application. (1) The City Manager, or his or her designee, shall approve any application for a permit if the following criteria have been met: (a) The proposed parade will not substantially disrupt vehicular traffic, public transportation, or pedestrian traffic within the city; (b) The proposed parade will not unreasonably interfere with access to police or fire stations, or other public safety facilities; (c) The proposed parade would not present unreasonable danger to the health, safety, or welfare of the applicant, spectators, city employees, or members of the public;

(d) The parade is not proposed for a time and place for which another parade permit has been or will be issued to a prior applicant; (e) There is sufficient on-street and/or off-street parking to accommodate parade participants; (f) The proposed area for the assembly or route of the parade will physically accommodate the number of participants expected to participate in the parade; (g) The application is complete and does not contain fraud, misrepresentation or false statement; (h) The applicant has not violated any provision of this chapter; (i) The applicant's permit has not been previously revoked as provided in this chapter. (2) The City Manager, or his or her designee, may condition any permit approved pursuant to division (B)(1) of this section with reasonable time, place and manner regulations to protect the public health, safety and welfare, to facilitate multiple uses of public property, to prevent dangerous, unlawful or impermissible uses of public property, and to regulate vehicular and pedestrian traffic; provided, that such conditions shall not be imposed in a manner that will unreasonably restrict expressive activity or other conduct protected by the California or United States Constitutions. Conditions that may be imposed on a parade permit include, but are not limited to: (a) The accommodation of the parade's pedestrian and vehicular traffic, including the restriction of parade participants to city sidewalks, or portions of city streets or other public ways; (b) Conditions designed to lessen interference with public safety and emergency service access; (c) The provision and use of barricades and/or police escort; (d) Noise restrictions. (3) The City Manager and the Chief of Police, or their designees, shall review for approval any applications for expressive activity. (Ord. 09-17, passed 12-15-2009)

Any event proposing the amplification of sound must comply with § 6.40.050 of Chapter 6.40 of Title 6 of this Code. A separate administrative fee will be applied for processing an amplified sound permit. (Ord. 09-17, passed 12-15-2009)

Additional fees may be imposed by the Police Department, if it is requested by the applicant or determined by the Chief of Police that police escorts are needed for the event. (Ord. 09-17, passed 12-15-2009)

(A) No person shall carry or possess while participating in any demonstration, rally, picket line or public assembly, any length of lumber, wood, or wood lath unless that object is one-quarter inch or less in thickness and two inches or less in width, or if not generally rectangular in shape, such objects shall not exceed one-half inch in its thickest dimension. (B) No person shall carry or possess while participating in any demonstration, rally, picket line or public assembly, any metal standards or poles, or objects with sharpened, pointed or jagged surfaces. (Ord. 09-17, passed 12-15-2009)

(A) Indemnification agreement. Each applicant shall execute a hold harmless agreement in a form approved by the City Attorney agreeing to defend, protect, indemnify and hold the city, its officers, employees, agents, and volunteers free and harmless from and against any and all claims, damages, expenses, loss or liability of any kind or nature whatsoever arising out of, or resulting from, the alleged acts or omissions of permittee, its officers, agents or employees in connection with the permitted parade. (B) Insurance. (1) Prior to the issuance of a permit, the applicant shall obtain general liability insurance from an insurance company licensed to do business in the state of California and having a rating in Best's Insurance Guide of at least "B." Such insurance shall be in an amount of at least $1,000,000 combined single limit. If the applicant intends to use vehicles in activities associated with the permit, the applicant shall obtain automobile liability insurance from an insurance company

licensed to do business in the state of California and having a rating in Best's Insurance Guide of at least "B" in an amount of at least $1,000,000 per accident. Proof of insurance shall be filed with Human Resources/Risk Management and such insurance shall remain in full force and effect for the duration of the permitted parade. (2) Applicants who intend to engage in expressive activity are exempt from providing insurance, unless there is a specific demonstrable history of personal injury or property damage claims being awarded against the applicant attributable to the applicant's conduct of previous parades in the city that are similar to the proposed parade. (Ord. 09-17, passed 12-15-2009)

A permittee shall comply with all permit conditions, and with all applicable laws and ordinances. The parade organizer or other person heading or leading the parade shall carry the parade permit upon his or her person during the conduct of the parade and shall exhibit the permit upon the request of any city official. (Ord. 09-17, passed 12-15-2009)

All permits issued pursuant to this chapter shall be nontransferable and nonassignable and shall be for one act or action and for but one place or course. (Ord. 09-17, passed 12-15-2009)

The City Manager or Chief of Police shall have the authority to revoke any permit granted by it, without notice, for any violations of these regulations or if deemed for the best interests of the public peace, health and safety of the city and the inhabitants thereof. (Ord. 09-17, passed 12-15-2009)

(A) No person shall unreasonably hamper, obstruct, impede or interfere with any parade or with any person, vehicle, or animal participating or used in a parade. (B) Except for emergency vehicles, no driver of a vehicle shall drive between the vehicles, animals, or persons comprising a parade when such vehicles, animals or persons are conspicuously designated as a parade. (C) The city shall, when necessary for the safety and protection of parade participants and observers, to prohibit or restrict the parking of vehicles along the street or part thereof constituting a part of the route of a parade. (Ord. 09-17, passed 12-15-2009)