Yuba County Municipal Code Ch. 8.10 Parades

The following shall have the following meaning when used in this Chapter unless it clearly appears from the context that a different meaning is intended. All other words or phrases shall be given their ordinary meaning:

(1) Event means an organized gathering of people for social occasions such as neighborhood block parties, street fairs and school carnivals.

(2) Highway means any public street, highway, alley, sidewalk, public park, or other public property, in the unincorporated area of the County of Yuba.

(3) Parade means any organized formation or procession of persons or vehicles, or both other than a funeral procession.

(4) Person means any individual group of individuals, club, association, partnership or corporation.

(5) Public Works Director means the Director of the Public Works Department within the Community Development and Services Agency.

(6) Vehicle means any automobile, truck, airplane, cart, trailer, wagon, float, or other means of transportation or conveyance.

(Prior Code, § 8.10.010; Ord. No. 827; Ord. No. 1164)

It shall be unlawful and a misdemeanor for any person to organize, hold or participate in any parade or event upon any highway without first obtaining a permit therefor as hereinafter provided.

(Prior Code, § 8.10.020; Ord. No. 827; Ord. No. 1164)

A parade and event permit shall be requested by a written application on a form provided by the Public Works Director. The following information shall be provided on the application form:

(1) Name of the person desiring the permit.

(2) Time and place, including the route and termini of said parade or event.

(3) Approximate or estimated number of persons and vehicles which will participate.

(4) For what purpose said parade or event will be held.

(5) If applicant is other than a natural person the name and address of the authorized representative.

(6) Whether or not any roads will need to be closed.

(7) Whether or not a parade permit issued to the applicant has ever been suspended, cancelled or revoked.

(Prior Code, § 8.10.030; Ord. No. 827; Ord. No. 1164)

Said application shall be filed with the Public Works Director at least 30 days prior to the parade and shall be accompanied by a nonrefundable fee in the amount established by Section 13.20.600. The applicant shall declare under penalty of perjury that the information contained in the application is true.

(Prior Code, § 8.10.040; Ord. No. 827; Ord. No. 1164)

(a) Upon receipt, the Public Works Director may send the application to the Highway Patrol for its review and recommendation to be completed at least two weeks prior to the parade or event. The Public Works Director shall:

(1) State the reasons therefore;

(2) Approve; or

(3) Approve subject to certain specified conditions.

(b) The Public Works Director shall also note on the application the estimated costs to the County for any services required to be performed. The public works director shall grant the application upon finding:

(1) The conduct of the parade or public assembly will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route or location.

(2) The conduct of the parade or public assembly will not require the diversion of so great a number of law enforcement officers to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection to the County.

(3) The conduct of such parade or public assembly will not require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of the County other than that to be occupied by the proposed line of march and areas contiguous thereto.

(4) 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.

(5) The conduct of such parade or public assembly will not interfere with the movement of firefighting equipment en route to a fire.

(6) The conduct of the parade or public assembly is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct or create a disturbance.

(7) The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route.

(Prior Code, § 8.10.050; Ord. No. 827; Ord. No. 1164)

Upon approval of the permit the Department of Public Works shall give notice of such permit to all emergency agencies in the area of the parade of the time and location of the parade.

(Prior Code, § 8.10.060; Ord. No. 827; Ord. No. 1164)

Prior to issuance of the permit, a certificate of public liability insurance, naming the County of Yuba, its officers, agents and employees as additional insureds, in the amount of $300,000.00 combined single limit shall be filed with the Department of Public Works.

(Prior Code, § 8.10.070; Ord. No. 827; Ord. No. 838; Ord. No. 1164)

Any person not satisfied with the action of the Director of Public Works hereunder, shall, within ten calendar days, file an appeal, in writing, to the Board of Supervisors. The Board of Supervisors shall hear the appeal within 30 days of the filing date. There shall be no charge for any appeal specified herein.

(Prior Code, § 8.10.080; Ord. No. 1164)

If any section, subsection, sentence, clause, phrase, provision or portion of this Chapter, or the application thereof to any person or circumstances, 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 or provisions of this Chapter or their applicability to distinguishable situations or circumstances. In enacting this Chapter, it is the desire of the Board of Supervisors to validly regulate to the full measure of its legal authority in the public interest, and to that end, the Board of Supervisors declares that it would have adopted this Chapter and each section, subsection, sentence, clause, phrase, provision, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof might be declared invalid or unconstitutional in whole or in part, as applied to any particular situation or circumstances, and to this end the provisions of this Chapter are intended to be severable.

State Law reference— Similar provisions, Government Code § 23.