Chapter 10.20
FUNERAL ESCORT SERVICES

Sections:

10.20.010  Purpose.

10.20.020  Permit required.

10.20.030  Authorized traffic direction.

10.20.040  Permit procedure.

10.20.050  Denial of permit.

10.20.060  Permit issuance – Nontransferability.

10.20.070  Indemnify and hold harmless.

10.20.080  Liability insurance.

10.20.090  Procedure for permit denial and revocation.

10.20.100  Traffic safety instruction program.

10.20.110  Official insignia.

10.20.120  Permissible guidelines.

10.20.010 Purpose.

It is the purpose of this chapter to use the power conferred to local agencies by Section 21100(e) of the California Vehicle Code to authorize the appointment of persons other than traffic officers to direct traffic in such prescribed situations and locations as may require traffic direction for orderly traffic flow. (Ord. 1609 § 2, 3-27-90. Formerly § 17-130).

10.20.020 Permit required.

No person shall stop traffic at intersections or otherwise violate this Code while leading or escorting a vehicular funeral procession without first obtaining a permit pursuant to this chapter. (Ord. 1609 § 2, 3-27-90. Formerly § 17-131).

10.20.030 Authorized traffic direction.

(a) Any person issued a valid funeral escort permit pursuant to this chapter and leading or otherwise escorting a vehicular funeral procession shall obey all traffic laws, including all speed laws, except that such person is authorized to stop cross-traffic to enable all vehicles in the funeral procession to proceed together as an unbroken chain through intersections controlled by:

(1) Stop signs, providing that the permittee physically remains in the intersection until all funeral procession vehicles have cleared the intersection; or

(2) Signal lights, providing that the lead vehicle in the procession enters the intersection with a green light and the permittee physically remains in the intersection at all times when the light is not green.

(b) A permittee is authorized to direct traffic in the manner specified in this section only while wearing an official insignia issued by the Chief of Police and while carrying a valid permit issued to him/her as an individual pursuant to the provisions of this chapter.

(c) The Chief of Police may order the revocation of a funeral escort permit, in accordance with the procedure specified in SCCC 2.115.110, if the permittee has directed traffic in a manner contrary to that specified in this section. (Ord. 1609 § 2, 3-27-90. Formerly § 17-132).

10.20.040 Permit procedure.

Applications for a funeral escort permit shall be filed with the Chief of Police and shall contain the following information:

(a) Name and address of applicant.

(b) Proof of insurance in compliance with the requirements for the insurance determined from time to time by the City Council by resolution.

(c) Proof of satisfactory completion of a traffic safety program of instruction, as described in SCCC 10.20.100.

(d) Proof that the applicant holds a valid California vehicle operator's license, properly endorsed for the type of vehicle the applicant intends to use while directing vehicular funeral processions.

(e) Permit and insignia fees, as established by resolution of the City Council.

(f) Such other information as may be required by the Chief of Police. (Ord. 1609 § 2, 3-27-90. Formerly § 17-133).

10.20.050 Denial of permit.

Permits authorized by this chapter may be denied by the Chief of Police upon submission of the original or renewal application upon the following grounds:

(a) The application is incomplete; or

(b) Applicant has been convicted of a crime (and the time for appeal has elapsed) or an order granting probation is made, suspending the imposition of sentence (irrespective of the entry of a subsequent order under Penal Code Section 1203.4); provided, however, that the permit may be denied upon this ground only if the crime is substantially related to the qualifications, functions, or duties associated with leading or otherwise escorting a vehicular funeral procession. (Ord. 1609 § 2, 3-27-90. Formerly § 17-134).

10.20.060 Permit issuance – Nontransferability.

Funeral escort permits shall be issued by the tax and license administrator and shall expire on the anniversary date of issuance in the calendar year following the date of issuance, unless sooner revoked. Permits shall not be transferable. (Ord. 1609 § 2, 3-27-90. Formerly § 17-135).

10.20.070 Indemnify and hold harmless.

The funeral escort permittee, or his/her funeral escort service employer, shall assume all responsibility for his/her activity and operation. The funeral escort permittee, or his/her funeral escort service employer, shall protect, defend, indemnify and hold harmless the City, its City Council, officers, employees, agents, and successors from and against all claims, injury, liability, loss, damage (including punitive damages), cost, and expense (including all costs and reasonable attorneys' fees in providing the defense to any claim or cause of action), however same may be caused or claimed to be caused, that arise directly or indirectly from his/her activity in providing escort service to a vehicular funeral procession. (Ord. 1609 § 2, 3-27-90. Formerly § 17-136).

10.20.080 Liability insurance.

During the term of a permit issued pursuant to this chapter, the permittee, or his/her funeral escort service employer, shall maintain in full force and effect at the permittee's or his/her employer's own cost a comprehensive auto and general liability insurance policy with the following characteristics.

(a) In an amount to be set, from time to time, by resolution adopted by the City Council with restrictions on self-insured limits;

(b) Issued by an admitted insurer or insurers as defined by the California Insurance Code;

(c) Providing that the City, its City Council, its officers, employees, agents, and successors are to be "named insured" under the policy;

(d) Covering all losses and damages as specified in SCCC 10.20.070;

(e) Stipulating that the policy will operate as primary insurance and that no other insurance effected by the City or other named insured will be called on to contribute to a loss covered thereunder; and

(f) Providing that no cancellation, change in coverage, or expiration by the insurance company or the insured shall occur during the term of the funeral escort service permit without thirty (30) calendar days' written notice to the City prior to the effective date of such cancellation or change in coverage.

In the event of the failure of any permittee or his/her funeral escort service employer to maintain in effect such insurance policy, the Director of Finance shall order the cancellation of the permit. (Ord. 1609 § 2, 3-27-90. Formerly § 17-137).

10.20.090 Procedure for permit denial and revocation.

(a) The Chief of Police may refuse to issue or renew, or may revoke, a funeral escort service permit only after a hearing granted upon at least three calendar days' written notice given to the permittee. Such notice shall specify the specific grounds for the proposed action. At the hearing, to be held before the City Manager or his/her designee, the permittee shall be given the opportunity to present witnesses and documentary evidence, to be represented by counsel, and to examine all witnesses presented. Issuance of a written notice of cancellation by an insurance company shall be conclusive proof at the hearing of the effective cancellation of an insurance policy. A decision of the City Manager or his/her designee revoking or upon denying the permit shall be effective upon the effective date of the cancellation of said insurance or upon the date when the written decision is signed by the City Manager or his/her designee, whichever is earlier. The taking or pendency of an appeal under subsection (b) shall not stay the effectiveness of such decision.

(b) If the permittee is dissatisfied with the decision of the City Manager, or his/her designee, in ordering the revocation or denial of the permit, such person may appeal to the City Council by filing a notice of appeal in writing with the City Clerk within five calendar days of the date of the order of the City Manager or his/her designee. The balance of the appeal hearing process will be pursuant to SCCC 2.115.110. (Ord. 1609 § 2, 3-27-90. Formerly § 17-138).

10.20.100 Traffic safety instruction program.

Each applicant shall submit to the Chief of Police evidence of the curriculum, including instructional materials and skills taught and practiced, of an instructional program of traffic safety that the applicant has satisfactorily completed. The Chief of Police shall review and approve each submitted instructional program if the Chief reasonably believes that the program provided the applicant sufficient training to direct traffic as specified in SCCC 10.20.030 in a safe and lawful manner. (Ord. 1609 § 2, 3-27-90. Formerly § 17-139).

10.20.110 Official insignia.

The Chief of Police shall approve an official insignia, which must be worn by all permittees while directing traffic in the manner specified in SCCC 10.20.030. (Ord. 1609 § 2, 3-27-90. Formerly § 17-140).

10.20.120 Permissible guidelines.

The Chief of Police shall prepare written guidelines for distribution to permittees. Such guidelines shall be advisory to permittees and recommend procedures to ensure safe vehicular funeral processions. (Ord. 1609 § 2, 3-27-90. Formerly § 17-141).