West Covina Municipal Code § 19-138 Contents

Footnotes:

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Cross reference— Licenses and business regulations, Ch. 14.

No person shall engage in, participate in, aid, form, or start any parade, unless a parade permit shall have been obtained from the chief of police.

(Code 1960, § 3195.1; Ord. No. 1799, § 1, 11-28-88)

This division shall not apply to:

(1) Funeral processions;

(2) Students going to and from school classes or participating in school activities, providing such conduct is under the immediate direction and supervision of the proper school authorities;

(3) A governmental agency acting within the scope of its functions.

(Code 1960, § 3195.1; Ord. No. 1799, § 1, 11-28-88)

(a) Generally. A person seeking issuance of a parade permit shall file an application with the chief of police on forms provided by such officer.

(b) Filing period. An application for a parade permit shall be filed with the chief of police not less than twenty (20) days nor more than four (4) months before the date on which it is proposed to conduct the parade.

(c) Contents. The application for a parade permit shall set forth the following information:

(1) The name, address and telephone number of the person seeking to conduct such parade;

(2) If the parade is proposed to be conducted for, on behalf of, or by an organization, the name, address and telephone number of the headquarters of the organization, and of the authorized and responsible heads of such organization;

(3) The name, address and telephone number of the person who will be the parade chairman and who will be responsible for its conduct;

(4) The date when the parade is to be conducted;

(5) The route to be traveled, the starting point, and the termination point;

(6) The approximate number of persons who, and animals and vehicles which, will constitute such parade; the type of animals, and description of the vehicles;

(7) The hours when such parade will start and terminate;

(8) A statement as to whether the parade will occupy all or only a portion of the width of the streets proposed to be traversed;

(9) The location by streets of any assembly areas for such parade;

(10) The time at which units of the parade will begin to assemble at any such assembly area or areas;

(11) The interval of space to be maintained between units of such parade;

(12) If the parade is designed to be held by, and on behalf of or for, any person other than the applicant, the applicant for such permit shall file with the chief of police a communication in writing from the person proposing to hold the parade, authorizing the applicant to apply for the permit on his behalf.

(13) Any additional information which the chief of police shall find reasonably necessary to a fair determination as to whether a permit should be issued, provided such information is relevant under applicable provisions of state and federal law and relates to the time, place, manner and duration of the parade.

(d) Late applications. The chief of police, where good cause is shown therefor, shall have the authority to consider any application hereunder which is filed less than twenty (20) calendar days before the date such parade is proposed to be conducted.

(e) Estimated expenses. Any costs incurred by the city directly associated with the conducting of a parade shall be paid by the applicant. This amount, if any, shall be determined by the chief of police prior to the filing of an application. The estimated expenses shall be accepted as a deposit by the finance director when the application is filed.

(f) Certificate of insurance. A certificate of insurance must be presented with an endorsement indicating the City of West Covina is an additionally named insured in the amount specified by the risk manager at one million dollars CSL and CGL or as otherwise specified by the risk manager.

(Code 1960, § 3195.2; Ord. No. 1501, §§ 2—7, 11-10-80; Ord. No. 1799, § 1, 11-28-88)

The chief of police 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, it finds that:

(a) The conduct of the parade will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route;

(b) The conduct of the parade will 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 normal police protection to the city;

(c) The conduct of such parade will not require the diversion of so great number of ambulances as to prevent normal ambulance service to portions of the city other than that to be occupied by the proposed line of march and areas contiguous thereto;

(d) The concentration of persons, animals, and vehicles at assembly points of the parade will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such assembly areas;

(e) The conduct of such parade will not interfere with the movement of fire-fighting equipment enroute to a fire;

(f) The conduct of the parade is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct or create a disturbance;

(g) The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonably delays enroute;

(h) The parade is not to be held for the sole purpose of advertising any product, goods or event, and is not designed to be held purely for private profit.

(Code 1960, § 3195.3; Ord. No. 1799, § 1, 11-28-88)

(a) The chief of police shall approve or disapprove the application for a parade permit according to the standards set out in section 19-134 of this article.

(b) The chief of police shall mail to the applicant, without delay, a notice of the action of the chief of police. If the application is rejected, the notice must state the reasons for the rejection. If the application is approved, the parade permit will suffice as notification of approval.

(c) Any person aggrieved by the action of the chief of police may appeal such a decision to the city council pursuant to section 19-136.

(Code 1960, § 3195.4; Ord. No. 1501, §§ 8—10, 11-10-80; Ord. No. 1799, § 1, 11-28-88)

All appeals to the city council shall be in writing and shall state the reasons therefor. The appeal shall be filed with the city clerk within ten (10) days after the date of personal service or deposit in the United States postal service of the written decision of the chief of police as set out in section 19-135(b). Within thirty (30) days thereafter, the appeal shall be heard by the city council at a public hearing. The city clerk shall give notice of the time and date of the hearing. At the hearing, the city council may consider any and all evidence, oral or written, regarding issuance of the permit under the standards set out in section 19-134. The decision of the city council shall be final, and shall be provided to the appellant in writing within fifteen (15) days of the hearing.

(Ord. No. 1799, § 2, 11-28-88)

Editor's note— Ord. No. 1799, § 2, adopted November 28, 1988, repealed § 19-136, alternate permit, in its entirety and enacted new provisions therefor. Former § 19-136 derived from the Code of 1960, § 3195.5; and Ord. No. 1501, § 11, adopted November 10, 1980.

Editor's note— Section 19-137, relating to notice to city officials upon the granting of a parade permit, derived from Code 1960, § 3195.6, was repealed by § 12 of Ord. No. 1501, adopted Nov. 10, 1980.

Each parade permit shall state the following information:

(a) Starting time;

(b) Minimum speed;

(c) Maximum speed;

(d) Maximum interval of space to be maintained between the units of the parade;

(e) The portions of the streets to be traversed that may be occupied by the parade;

(f) The maximum length of the parade in miles or fractions thereof;

(g) Such other directions and conditions as the city council shall find necessary to the enforcement of this article;

(h) Amount to be paid or deposited to cover estimated expenses to the city caused by the parade.

(Code 1960, § 3195.7)

The chief of police shall have the authority to revoke a parade permit issued under this division upon violation of the standards for issuance as herein set forth, or upon failure to comply with the terms, directions or conditions of the permit.

(Code 1960, § 3195.10; Ord. No. 1799, § 2, 11-28-88)