Chapter 12.88


12.88.010    Person Defined.

12.88.020    Permit—Required.

12.88.030    Permit—Provisions Applicable to Managers and Participants.

12.88.040    Application for Permit—Contents.

12.88.050    Permit—Issuance Conditions.

12.88.060    Alternate Dates, Times and Routes.

12.88.070    Permit—Contents.

12.88.080    Permit Rejection—Notice.

12.88.090    Appeal Procedure.

12.88.100    Notification to City Manager and Others.

12.88.110    Revocation of Permit.

12.88.130    Violation—Penalty.

12.88.010 Person Defined.

As used in this chapter, the word “person” means and includes any individual, firm, copartnership, corporation, city, and city and county, municipality, district, or other political subdivision. (Ord. 89-12, 6/27/89)

12.88.020 Permit—Required.

A person shall not conduct, manage or participate in any parade unless he first procures from the Police Department a permit pursuant to this chapter. (Ord. 89-12, 6/27/89)

12.88.030 Permit—Provisions Applicable to Managers and Participants.

A person shall not conduct, manage, or participate in any way in any parade in violation of or in any manner contrary to the provisions of such permit. (Ord. 89-12, 6/27/89)

12.88.040 Application for Permit—Contents.

A.    Any person desiring to conduct or manage a parade shall, within ten (10) days before the date on which it is proposed to conduct such a parade, file with the Police Department a verified application on a form furnished by the Police Department, setting forth the following information:

1.    The name of the person or organization wishing 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 the authorized and responsible head of such organization;

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

4.    The name, address and telephone number of the person or organization to whom the permit is desired to be issued;

5.    The date when such parade is to be conducted;

6.    The route to be traveled, the starting point, and the termination point;

7.    The approximate number of persons who, and animals and vehicles which, will constitute such parades; the type of animals, and a description of the vehicles;

8.    The hour when such parade will start and terminate;

9.    Whether such parade will occupy all or only one-half of the width of the streets proposed to be traversed;

10.    A description of assembly and disassembly areas and streets to be used by such parade;

11.    The time at which units of the parade will begin to assemble at any such assembly area;

12.    The interval of space to be maintained between units of such parade; and

13.    Any other information necessary to enable the Police Department to protect the health, safety or welfare of the applicant and citizens.

B.    If such parade is desired to be held by and on behalf of or for any organization other than the applicant, the applicant for such permit shall file with the Police Department a communication in writing from such organization, authorizing the applicant to apply for such permit on its behalf. (Ord. 89-12, 6/27/89)

12.88.050 Permit—Issuance Conditions.

The Police Department shall issue a permit for a parade if, from a consideration of the application, or such other information as the Police Department may otherwise obtain, or both, the Police Department finds that:

A.    The conduct of such parade will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route;

B.    The conduct of such parade will not require the diversion of so great a number of officers to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection to the rest of the City;

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

D.    The conduct of such parade will not interfere with the movement of firefighting equipment en route to a fire;

E.    The conduct of such parade is not reasonably likely to cause injury to persons or property;

F.    Such parade will move from its point of origin to its point of termination expeditiously and without stopping en route;

G.    The conduct of such parade will not obstruct any construction or maintenance work scheduled to take place upon public roads. (Ord. 89-12, 6/27/89)

12.88.060 Alternate Dates, Times and Routes.

If the conduct of the parade on the proposed date, time and route is found by the Police Department to conflict with any of the requirements of this chapter, he may suggest an alternate date, time and route. If the applicant desires to accept the proposed date, time and route, he may, within one day, file a notice of acceptance with the Police Department, and the Police Department shall proceed to issue the permit. (Ord. 89-12, 6/27/89)

12.88.070 Permit—Contents.

Such permits shall prescribe the following:

A.    Starting time;

B.    Minimum speed;

C.    Maximum speed;

D.    Maximum interval of space to be maintained between the units of such parade;

E.    What portions of the streets to be traversed may be occupied by such parades; and

F.    The maximum length of such parades in miles or fractions thereof. (Ord. 89-12, 6/27/89)

12.88.080 Permit Rejection—Notice.

The Police Department shall within seven days after the filing of such application, act thereon. If the Police Department finds that such permits should not be issued, he shall immediately notify the City of such finding, together with the reasons therefor, and shall mail within three days after the date on which the application is filed a notice of his action denying the permit, stating in general terms the reason for denial of such permit. (Ord. 89-12, 6/27/89)

12.88.090 Appeal Procedure.

A.    Upon a denial by the Police Department of an application made pursuant to Section 12.88.040, the applicant may appeal from the determination of the sheriff within five days thereafter to the Council by filing a written notice of appeal for hearing by the Council at its next regular meeting. Upon such appeal, the Council may reverse, affirm or modify in any regard the determination of the Police Department.

B.    In the event an application is not filed within the required time, the applicant may request a waiver of such requirement by the Council at its next regular meeting, or at a special meeting which may be called prior thereto by the Council to consider such matter, and the Council, if it finds unusual circumstances and in the exercise of its sound discretion, may waive such requirement. (Ord. 89-12, 6/27/89)

12.88.100 Notification to City Manager and Others.

A.    Upon receipt of an application to hold a parade, the Police Department shall forward one copy of the application to the City Manager.

B.    Upon approval of a permit, the Police Department shall notify the engineer, fire chief and health officer of the City, as well as all public utilities to be affected by the proposed parade. (Ord. 89-12, 6/27/89)

12.88.110 Revocation of Permit.

Any permit for a parade issued pursuant to this chapter may be revoked by the Police Department at any time when by reason of disaster, public calamity, riot or other emergency or because of an unusual change in circumstances, or because the permit was issued through mistake or inadvertence, the sheriff determines that the safety and convenience of the public or property requires such revocation. Notice of such action revoking a permit shall be delivered immediately after the revocation in writing to the permittee by personal service or by certified mail. (Ord. 89-12, 6/27/89)

12.88.130 Violation—Penalty.

Any person violating any provision of this chapter is guilty of a misdemeanor. (Ord. 89-12, 6/27/89)