Chapter 5.12
PARADES AND EVENTS
Sections:
5.12.050 Enforcement officer designated.
5.12.060 Place of registration.
5.12.070 Designated parade routes.
5.12.110 Indemnification and insurance.
5.12.010 Purpose.
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. 6-08 § 2 (part))
5.12.020 Definitions.
For the purposes of this chapter, the words set out in this section shall have the following meanings:
A. “Expressive activity” means conduct 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.
B. “Parade organizer” means any person who conducts, manages, promotes, organizes, aids or solicits attendance at a parade.
C. “Parade” means any parade, march, demonstration, assembly, 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.
D. “Service charges” means the actual costs that the city incurs in connection with activities for which a permit is required pursuant to this chapter, including, but not limited to, costs associated with fire safety, traffic and pedestrian control, the closure of any street, sidewalk, alley or other public way, the diverting of traffic, administration or coordination of city services, the provision of support personnel, equipment, materials and supplies, and administrative and overhead expenses. Service charges shall not include costs incurred by the city to provide police protection to those engaged in or observing expressive activity.
E. “Street, sidewalk, alley, or other public way” means and 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. 6-08 § 2 (part))
5.12.030 Permit required.
It is unlawful for any person to conduct or cause to be conducted, serve as a parade organizer, or knowingly participate or engage in a parade unless a written permit for such parade has been issued and applicable fees have been paid pursuant to this chapter. (Ord. 6-08 § 2 (part))
5.12.040 Permit exceptions.
The following activities are exempt from the permit requirement set forth in Section 5.12.030:
A. Wedding and funeral processions;
B. Parades sponsored by the city or hosted in conjunction with the city, including the St. Patrick’s Day Parade (and 5K run). (Ord. 6-08 § 2 (part))
5.12.050 Enforcement officer designated.
It shall be the duty of the Chief of Police of the city, or his or her designee, to enforce the provisions of this chapter. (Ord. 6-08 § 2 (part))
5.12.060 Place of registration.
The applicant for a permit under this chapter must register and obtain a permit from the Chief of Police. (Ord. 6-08 § 2 (part))
5.12.070 Designated parade routes.
To implement the provisions of this chapter, the City Council shall, by resolution, establish a designated parade route or routes within the city upon recommendation of the City Manager. (Ord. 6-08 § 2 (part))
5.12.080 Permit—Application.
A. Place and Time for Filing. Applications shall be filed with the Police Chief at the Dublin Police Department. The application for a permit under this chapter shall be filed not less than thirty (30) calendar days, nor more than one (1) year, before the proposed date of the parade, except that applications for a parade permit involving expressive activity shall be filed as follows:
1. If the parade involves use of any street, sidewalk, alley or other public way that is not included within the designated parade route as established pursuant to Section 5.12.070, the application must be filed not less than five (5) calendar days prior to the parade.
2. If the parade involves the use of any street, sidewalk, alley, or other public way that is included within the designated parade route as established pursuant to Section 5.12.070, the application must be filed not less than forty-eight (48) hours prior to the parade.
B. Form and Contents. Applicants for permits under this chapter must file a sworn application in writing on a form to be furnished by the Chief of Police, which shall set forth the following information:
1. The name, home and business addresses and home, business, and mobile telephone numbers, if available, of the applicant;
2. The name, home and business addresses and home, business, and mobile telephone numbers, if available, of the parade organizer;
3. If the parade is to be conducted by or on behalf of an organization, the name, address and telephone number of the organization, and the name, business addresses, and business and mobile telephone numbers of the president or other head of the organization, and documentation of the authority under which the applicant is applying for the permit on behalf of the organization;
4. The proposed date when the parade is to be conducted;
5. The starting and ending time of the parade;
6. A written description of the route to be traveled, along with a map of the route, including the starting point and the termination point;
7. The location at which the parade will assemble and the location at which the parade will disassemble; and, if such area(s) involve the use of private property, evidence of written permission of the private property owner and/or lessee for such use;
8. The time at which the parade will begin to assemble at any such assembly area or areas, and the estimated time at which the parade will disassemble;
9. The estimated number of persons who will participate in the parade;
10. The type and estimated number of vehicles, animals or structures that will be used in the parade;
11. A statement as to whether the parade will occupy all or only a portion of the width of any street, sidewalk, alley, or other public way proposed to be traveled;
12. The maximum and minimum speeds of the parade;
13. The interval of space to be maintained between units of such parade;
14. The parking requirements for the parade participants;
15. Any additional information that the Chief of Police shall find reasonably necessary to make a fair determination of the regulation and conduct of such parade.
C. Application Fee. All applications shall be submitted with payment of a nonrefundable fee pursuant to resolution of the City Council. (Ord. 6-08 § 2 (part))
5.12.090 Permit—Issuance.
A. Review by City Departments. Upon the filing of complete application for a parade permit, the Chief of Police, or his or her designee, shall immediately forward the application to the Director of Public Works, the Director of Parks and Community Services, and the Fire Chief for purposes of review for compliance with this section and estimation of service charges pursuant to Section 5.12.100.
B. Action on Permit Application. The Chief of Police shall approve, approve with conditions, or deny an application for a parade permit within ten (10) calendar days of receipt of a completed application, except that the Chief shall approve, approve with conditions, or deny applications filed pursuant to Section 5.12.080(A)(1) within three (3) calendar days of receipt of a completed application and shall approve, approve with conditions, or deny applications filed pursuant to Section 5.12.080(A)(2) within twelve (12) hours of receipt of a completed application unless the application is received after noon on a Friday or legal holiday, in which case the Chief of Police shall act by one o’clock on the following business day.
1. The Chief of Police 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 or for which a parade exempt from this chapter pursuant to Section 5.12.040 shall occur;
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;
j. The applicant has complied with all applicable licensure requirements, ordinances, or regulations of the city concerning the sale, offering for sale, or distribution of any food or beverage, goods, or services;
k. Neither the applicant nor the organization for which the application was submitted has outstanding debts to the city;
l. The parade will not violate any federal, state or local law or regulation; and
m. The applicant is legally competent to contract or to sue and be sued.
2. The Chief of Police or his or her designee may condition any permit approved pursuant to subsection (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 number and type of vehicles, animals, or structures to be displayed or used in the parade;
d. The inspection and approval by city personnel of stages, booths, floats, structures, vehicles or equipment to be used or operated in the parade to ensure that such items are properly constructed, may be safely operated, and conform to all applicable laws and regulations;
e. The provision and use of traffic cones or barricades;
f. The provision or operation of first aid stations and sanitary facilities, including sanitary facilities accessible to individuals with disabilities;
g. The provision of a waste management plan, and the clean up and restoration of the parade site;
h. A cleaning deposit if the parade includes operation of water stations, food or beverage distribution or sales, sales of other goods or services, display or use of horses or other large animals;
i. Noise restrictions;
j. The provision or use of emergency services;
k. The obtaining of all applicable business licenses or other necessary permits required by this code for services or sales provided at the parade;
l. The prohibition of alcohol sales or consumption at the parade.
3. The Chief of Police or his or her designee shall deny any application for a permit if he or she finds any of the following:
a. One or more of the approval criteria set forth in subsection (B)(1) of this section is not or cannot be met;
b. One or more of the conditions imposed on the permit pursuant to subsection (B)(2) of this section is not or cannot be met;
c. The applicant has not paid the application fee pursuant to Section 5.12.080(C);
d. The applicant has not paid the deposit for the service charges pursuant to Section 5.12.100.
C. Notice of Permit Issuance. Immediately upon the issuance of a parade permit, the Police Chief shall send a copy thereof to the following:
1. The applicant;
2. The parade organizer, if different from applicant;
3. The City Manager;
4. The Director of Public Works;
5. The Director of Parks and Community Services;
6. The Fire Chief; and
7. The Traffic Safety Committee.
D. Notice of Permit Denial. If a permit application is denied pursuant to subsection (B)(3) of this section, the Chief of Police shall provide the applicant with notice of denial by depositing written notice in the first-class U.S. mail, postage prepaid, addressed to the applicant, not later than three (3) calendar days following the decision to deny the permit, except that in addition to the written notice of denial the Chief of Police shall promptly attempt to orally notify applicants who have filed applications pursuant to Sections 5.12.080(A)(1) or (2) of such denial, which notification must contain:
1. A statement of the facts upon which the denial is based;
2. Alternative parade parameters that may be acceptable such as a different date, time, parade route, or conditions that may cure the basis for denial; and
3. A statement of the appeal procedure set forth in Section 5.12.140.
E. Content Neutral Review. In deciding whether to approve an application for permit, no consideration shall be given to the content of the speech or message of the parade. (Ord. 6-08 § 2 (part))
5.12.100 Service charges.
A. In addition to the permit application fee set forth in Section 5.12.080(C), an applicant shall pay the city for all service charges incurred in connection with or due to the activities under the permit. If city property is damaged or destroyed as a result of the parade, the permittee shall reimburse the city for the actual repair or replacement costs of the damaged or destroyed property.
B. Following the receipt of a complete application, the Chief of Police shall determine, with recommendations from the Director of Public Works, the Director of Parks and Community Services, and the Fire Chief, as necessary, the estimated amount of service charges. At least three (3) calendar days prior to a parade, the applicant shall pay to the city a cash deposit, or other adequate security as determined by the City Manager or his or her designee, in an amount sufficient to cover the total service charges that the Police Chief estimates will be incurred in connection with the permit, except that an applicant who intends to engage in expressive activity along a designated parade route as set forth in Section 5.12.080(A)(2) shall pay the deposit at least twenty-four (24) hours prior to the parade.
C. City departments shall submit the final invoices and billings for service charges to the city no later than twenty (20) calendar days after the permitted parade. If the deposit submitted pursuant to subsection B of this section is less than the final service charges, the permittee shall pay the difference to the city within ten (10) calendar days of being invoiced for such charges by the city. If the deposit is more than the final service charges, the city shall refund the difference to the permittee within sixty (60) calendar days after permitted parade.
D. An indigent natural person who intends to engage in expressive activity and claims an inability to pay service charges due to indigency may have such charges waived upon application and verification of indigent status. Application for indigent status shall be made at the time of permit application and shall be accompanied by such relevant information and documentation as may, in the opinion of the City Manager or his or her designee, be reasonably necessary to verify such status. For purposes of this section, an indigent natural person means a person eligible for relief and support pursuant to California Welfare and Institutions Code Section 17000 et seq.
E. A government agency acting within the scope of its functions shall be exempt from the requirements of this section. (Ord. 6-08 § 2 (part))
5.12.110 Indemnification and insurance.
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. 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 a form approved by the City Manager or his or her designee and shall be in an amount of at least one million dollars ($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 one million dollars ($1,000,000) per accident. Proof of insurance shall be filed with the Chief of Police and such insurance shall remain in full force and effect for the duration of the permitted parade. Applicants who intend to engage in expressive activity are exempt from the provisions of this section, 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. 6-08 § 2 (part))
5.12.120 Permit—Use.
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. 6-08 § 2 (part))
5.12.130 Permit—Revocation.
Permits issued under the provisions of this chapter may be revoked by the Chief of Police at any time based on any grounds of permit denial, as set forth in Section 5.12.090(B)(3). (Ord. 6-08 § 2 (part))
5.12.140 Appeal procedure.
Any person excepting to the denial or revocation of a permit applied for or held by him or her pursuant this chapter shall have the right to appeal to the City Manager in accordance with Section 1.04.050, except that applications filed pursuant to Sections 5.12.080(A)(1) or (2) may be appealed immediately to the City Manager. (Ord. 6-08 § 2 (part))
5.12.150 Public conduct.
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 Chief of Police shall have the authority, 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. The Chief of Police or Director of Public Works shall post signs to such effect and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof. (Ord. 6-08 § 2 (part))
5.12.160 Violation—Penalty.
Any violation of the provisions of this chapter shall constitute an infraction and may be punished as such in accordance with Section 1.04.030. (Ord. 6-08 § 2 (part))