Chapter 5.80
PARADES AND ASSEMBLIES

Sections:

5.80.010    Permit required.

5.80.020    Definitions.

5.80.030    Exemptions.

5.80.040    Application for permit.

5.80.050    General criteria for issuance or denial of permit.

5.80.060    Nondiscrimination.

5.80.070    Notice of issuance or denial of permit.

5.80.080    Interference with parade or assembly.

5.80.090    Prohibitions.

5.80.100    Content of permit.

5.80.110    City’s costs to be paid by person or organization responsible for parade or assembly.

5.80.120    Violation.

5.80.130    Prompt judicial review.

5.80.010 Permit required.

No person shall engage in, conduct, or carry on the activity of a parade or assembly without a permit issued under the provisions of this chapter. (Ord. 1414 § 1 (part), 2002)

5.80.020 Definitions.

A. “Parade” shall mean any march, demonstration, procession, motorcade, or promenade consisting of persons, animals, or vehicles, or a combination thereof, having a common purpose, design, destination, or goal, upon any public place, which parade, march, demonstration, procession, motorcade, or promenade does not comply with normal and usual traffic regulations or control.

B. “Assembly” shall mean any meeting, demonstration, picket line, rally, gathering, or group of one hundred fifty or more persons, animals, or vehicles, or a combination thereof, having a common purpose, design, or goal, upon any public street, sidewalk, alley, park, or other public place, which assembly substantially inhibits the usual flow of pedestrian or vehicular travel or which occupies any public area, other than a parade, as defined in subsection A of this section. (Ord. 1414 § 1 (part), 2002)

5.80.030 Exemptions.

The permit application provisions of this chapter shall not apply to the following:

A. Funeral processions.

B. Spontaneous parades or assemblies occasioned by news or affairs coming into public knowledge within three days of such parade or assembly; provided, that the organizers thereof give written notice to the city at least twenty-four hours prior to such parade or assembly. Such written notice shall contain all of the following information:

1. The name, address and telephone number of the person or persons seeking to conduct the parade or assembly. This person or these persons shall be considered a permittee for the purposes of this chapter;

2. The name, address and telephone number of the headquarters of the organization, if any, and of the organizer or responsible head of such organization by whom or on whose behalf the parade or assembly is proposed to be conducted;

3. The name, address and telephone number of the person who will chair the parade or assembly and who will be responsible for its conduct;

4. The location and date of the proposed parade or assembly, including the assembly area, disbanding area, and the route to be traveled;

5. An estimate of the approximate number of persons who will be participating in the parade or assembly and an estimate of the approximate number of persons who will be observing the parade or assembly;

6. The time at which the parade or assembly will start and conclude;

7. The type of security or other arrangements that will be provided to assure that participants are properly directed.

C. The city administrative officer or the city administrative officer’s designee may deny permission to conduct the parade or assembly within eighteen hours of the submission of the notice pursuant to subsection B of this section if the city administrative officer or the city administrative officer’s designee makes a finding requiring denial pursuant to Section 5.80.050(B). If the city administrative officer makes a finding requiring denial pursuant to that subsection, the city administrative officer shall immediately provide notice of the denial, including the reason for the denial, by telephone to the permittee and shall also provide written notice of the denial including the reason for the denial. If the permittee provides a fax number for the purpose of receiving notices, the city administrative officer shall provide written notice of the denial by fax immediately upon making the denial decision. (Ord. 1414 § 1 (part), 2002)

5.80.040 Application for permit.

A. A person seeking issuance of a permit pursuant to this chapter shall file an application with the city administrative officer or the city administrative officer’s designee, on forms supplied by the city.

B. The application shall be filed with the city administrative officer or the city administrative officer’s designee in accordance with the following time limitations:

1. Not less than six days prior to the date of the parade or assembly if the parade or assembly is proposed to take place in whole or in part on, in or along the roadway portion (other than within crosswalks) of the following streets in the city of San Luis Obispo: Higuera Street, Marsh Street, Monterey Street, Broad Street;

2. Not less than four days prior to the date of the parade or assembly if the parade or assembly is proposed to take place in whole or in part on, in or along the roadway portion (other than within crosswalks) of any other street in a commercial zone within the city of San Luis Obispo;

3. Not less than three days prior to the date of the parade or assembly if the parade or assembly is proposed to take place in a residential zone, or outside of the roadway in a commercial zone, but within the sidewalk or any other portion of the public right-of-way;

4. Not less than two days prior to the date of the parade or assembly if the parade or assembly is proposed to take place in whole or in part on, in or along any park or other publicly owned traditional public forum in the city of San Luis Obispo not governed by subsections (B)(1) through (3) of this section.

C. The application shall include, but shall not be limited to, the following information:

1. The name, address and telephone number of the person or persons seeking to conduct the parade or assembly;

2. The name, address and telephone number of the headquarters of the organization, if any, and of the organizer or responsible head of such organization by whom or on whose behalf the parade or assembly is proposed to be conducted;

3. The name, address and telephone number of the person who will chair the parade or assembly and who will be responsible for its conduct;

4. The location and date of the proposed parade or assembly, including the assembly area, disbanding area, and the route to be traveled;

5. An estimate of the approximate number of persons who will be participating in the parade or assembly and an estimate of the approximate number of persons who will be observing the parade or assembly;

6. The hours when the parade or assembly will start and conclude;

7. The type of security or other arrangements that will be provided to assure that participants are properly directed;

8. The minimum and maximum speeds that the parade is to travel, if applicable, and the maximum number of platoons or units, if any, in the parade or assembly and the maximum and minimum interval of space to be maintained between the units of such parade or assembly;

9. The maximum length of such parade or assembly in miles or fractions thereof;

10. The number and type of vehicles in the parade or assembly, if any;

11. A statement to be signed by the person seeking the permit that the permittee will hold harmless and indemnify the city of San Luis Obispo, its elected officials, officers, employees and agents from any damages which may arise as a result of the conduct of the parade or assembly for which the permit is sought. Each permit shall expressly provide that the permittee agrees 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 event or activity; and the permit shall expressly provide that the permittee shall, at permittee’s own cost, risk and expense, defend any and all claims and all legal actions that may be commenced or filed against the city, its officers, agents, employees, or volunteers, and that the permittee shall pay any settlement entered into and shall satisfy any judgment that may be rendered against the city, its officers, agents, employees, or volunteers as a result of the alleged acts or omissions of permittee or permittee’s officers, agents, or employees in connection with the uses, events, or activities under the permit;

12. If the assembly or the parade set-up or dispersal is to be conducted on private property, the applicant must submit with the application proof of the property owner’s permission for the property to be used for that purpose.

D. Within twenty-four hours after the submission of the application, the city administrative officer or the city administrative officer’s designee must notify the applicant, in writing, whether the application is complete. If no such notice is given within twenty-four hours after submission, the application will be deemed to be complete. (Ord. 1414 § 1 (part), 2002)

5.80.050 General criteria for issuance or denial of permit.

A. The following criteria shall apply to issuance or denial of a parade or assembly permit.

B. The permit shall be issued by the city administrative officer or the city administrator’s designee unless there is a finding that:

1. The information contained in the application is false or intentionally misleading; or

2. The parade or assembly is proposed for a time and location for which another parade or assembly permit has been previously issued; or

3. The proposed route or location of the parade or assembly traverses a street or other public right-of-way that was scheduled for maintenance, construction or repair prior to the application for that parade or assembly permit and the conduct of the parade or assembly would interfere with such maintenance, construction or repair or the maintenance, construction or repair would represent a threat to the health or safety of the participants in the parade or assembly; or

4. The proposed area for the assembly or for the set-up or dispersal of a parade could not physically accommodate the number of participants expected to participate in the parade or assembly, as reflected in the application completed and submitted pursuant to the requirements of this chapter; or

5. The parade would result in a violation of any federal, state or local law or regulation.

Upon making any finding set forth in this subsection, the city administrative officer or the city administrative officer’s designee shall deny the permit application.

C. As a condition of the issuance of a permit under the provisions of this chapter, the city administrative officer or the city administrative officer’s designee may require that the parade or assembly be limited to a portion of the width of the street or right-of-way upon which the applicant seeks to conduct the parade or assembly; provided, that such limitation does not limit or interfere with the conduct of the parade or assembly or cause the parade or assembly to violate any other provision of this chapter or any other federal, state or local law or regulation. (Ord. 1414 § 1 (part), 2002)

5.80.060 Nondiscrimination.

The official designated by the city to act on permit applications shall uniformly consider each application upon its merits and shall not discriminate in granting or denying applications, and shall not deny any permit based upon political or religious grounds or reasons. (Ord. 1414 § 1 (part), 2002)

5.80.070 Notice of issuance or denial of permit.

A. The city administrative officer or the city administrator’s designee shall approve or deny the permit application and shall provide notice to the applicant of the action taken by telephone and by written notice or facsimile, if the applicant provides a fax number, within the following time limitations:

1. If the permit is sought under the provisions of Section 5.80.040(B)(1) or (2), within two days after submission of the application.

2. If the permit is sought under the provisions of Section 5.80.040(B)(3) and (4), within twenty-four hours after submission of the application.

B. If the permit is denied, the notice of denial shall set forth the reasons for denial. (Ord. 1414 § 1 (part), 2002)

5.80.080 Interference with parade or assembly.

No person shall knowingly join or participate in any parade or assembly conducted under permit from the city, in violation of any of the terms of said permit, nor knowingly join or participate in any permitted parade or assembly without the consent of the permittee, nor in any manner interfere with its progress or orderly conduct. (Ord. 1414 § 1 (part), 2002)

5.80.090 Prohibitions.

The following prohibitions shall apply to all demonstrations, rallies, picket lines, parades and assemblies:

A. It shall be unlawful for any person to carry any sign, poster, plaque, or notice, unless such sign, poster, plaque, or notice is constructed solely of a cloth, paper, or cardboard material no greater than one-quarter inch in thickness.

B. It shall be unlawful for any person to ride, drive, or cause to be ridden or driven any animal or any animal-drawn vehicle upon any public street, unless specifically authorized by a permit.

C. It shall be unlawful for any person to carry, possess or wear any gas mask or similar device designed to filter all air breathed and that would protect the respiratory tract and face against irritating, noxious or poisonous gases.

D. It shall be unlawful for any person to fail to abide by the instructions of a traffic control officer given for the purpose of accommodating traffic, including emergency vehicles, through and across a parade route, demonstration, rally, picket line or assembly.

Nothing in this section shall prohibit a disabled person from carrying a cane, walker, or similar device necessary for providing mobility so that the person may participate in a demonstration, rally, picket line, parade or assembly. (Ord. 1414 § 1 (part), 2002)

5.80.100 Content of permit.

In each permit, a copy of which shall be maintained and kept upon the person in charge of the parade or assembly at the parade or assembly site at all times during the parade or assembly, including during assembly and dispersal, the city administrative officer or the city administrative officer’s designee shall set forth the following information as that information is set forth in the approved application:

A. The name, address and telephone number of the person to whom the permit is issued;

B. The names, addresses and telephone numbers of the sponsoring organization, if any;

C. The name, address and telephone number of the chairperson of the parade or assembly;

D. The date for which the parade or assembly is scheduled;

E. The assembly area for the parade or assembly;

F. The starting and ending time for the parade or assembly;

G. The minimum and maximum speeds at which the parade is to progress, if applicable;

H. The route which the parade or assembly will take;

I. The maximum number of platoons or units, if any, in the parade or assembly and the maximum and minimum interval of space to be maintained between the units of such parade or assembly;

J. The maximum length of such parade or assembly in miles or fractions thereof;

K. The disbanding area for the parade or assembly and the disbanding time;

L. The number and type of vehicles in the parade or assembly, if any;

M. Whether participants in the parade or assembly shall be wearing masks;

N. The type of security or other arrangements that will be provided to assure participants are properly directed.

The parade or assembly permit shall also set forth any condition imposed pursuant to Section 5.80.050 (C). Additionally, the permittee shall advise all participants in the parade or assembly of the terms and conditions of the permit prior to the commencement of the parade or assembly. (Ord. 1414 § 1 (part), 2002)

5.80.110 City’s costs to be paid by person or organization responsible for parade or assembly.

A permittee under the provisions of this chapter shall reimburse the city for all traffic control costs incurred in connection with diverting traffic due to the closure of streets. These costs shall be established by the city council by resolution. No fee shall be charged based upon the need for security or increased police protection due to the nature of the parade or assembly. (Ord. 1414 § 1 (part), 2002)

5.80.120 Violation.

Any violation of this chapter or the terms or conditions of a parade or assembly permit by the permittee or any participant in a parade or assembly is a misdemeanor. (Ord. 1414 § 1 (part), 2002)

5.80.130 Prompt judicial review.

Any applicant or permittee pursuant to this chapter may seek judicial review of any decision made pursuant to this chapter in accordance with the provisions of Section 1.20.060 of this code. (Ord. 1414 § 1 (part), 2002)