Chapter 4-18
REGULATIONS CONCERNING FUNERAL PROCESSIONS
Sections:
4-18-103 Permits: Applications.
4-18-104 Permits: Background investigations.
4-18-105 Permits: Conditions: Approval or rejection of application.
4-18-110 Supplemental regulations.
4-18-111 Rules governing funeral processions.
4-18-112 Traffic control and direction.
4-18-101 Definitions.
“Funeral escort” shall mean an unarmed uniformed person employed directly or indirectly by a mortuary, cemetery, funeral home, funeral service provider or company to direct the movement of a group of vehicles engaged in a funeral procession.
“Funeral procession” shall mean a group of two (2) or more vehicles traveling in line from a funeral service whether that funeral service is held at a place of worship or other location, to a transportation facility, cemetery, or crematory.
“Official insignia” shall mean an official symbol, identifying mark, badge, or emblem approved by the Chief of Police or his or her designee.
(1131-CS, Added, 12/10/09)
4-18-102 Permit required.
No person shall stop, direct or otherwise regulate traffic in intersections while leading or escorting a funeral procession without first obtaining a valid funeral escort permit from the Turlock Police Department.
(1131-CS, Added, 12/10/09)
4-18-103 Permits: Applications.
Any person desiring to obtain a funeral escort permit within the City of Turlock shall file a written application, on the form provided by the City of Turlock, with the Turlock Police Department. In addition, each applicant must be fingerprinted for the purpose of a background check. The costs for fingerprinting shall be the responsibility of the applicant. Such application shall include the following information:
(a) The name, residence address and telephone number of the applicant;
(b) The applicant’s date of birth, weight, height, color of eyes and hair, and proof that the applicant holds a valid California Vehicle Operator’s License, properly endorsed for the type of vehicle the applicant intends to utilize while directing funeral processions;
(c) The name under which the applicant operates if employed by a business or operating as an independent business and the business address and telephone number of the funeral escort service;
(d) The year, make, model, color, V.I.N. number, and license number of every vehicle/motorcycle that will be operated by the applicant while providing funeral escort services within the City of Turlock and proof that each vehicle has been inspected by the Turlock Police Department to ensure it meets equipment and safety requirements as set forth by local, State and Federal laws;
(e) The name of each city, county, and state, including the specific addresses therein, in which the applicant has been engaged in or has conducted funeral escort services, or has been employed as a funeral escort service provider within the last five (5) years;
(f) A statement of all felonies, misdemeanors, infractions (including moving traffic violations), and excluding parking violations for which the applicant has been convicted within the last five (5) years;
(g) Proof of completion of a traffic safety program of instruction as required under this chapter;
(h) Payment of permit and inspection fees as established by resolution of the City Council for funeral escort service providers;
(i) Proof of liability insurance in the amounts set forth in Chapter 1-6 TMC;
(j) That the applicant has signed a hold harmless agreement.
(1131-CS, Added, 12/10/09)
4-18-104 Permits: Background investigations.
The Chief of Police shall cause to be conducted an investigation of each application by a funeral escort service provider, and a finding of such investigation shall be attached to the application.
(1131-CS, Added, 12/10/09)
4-18-105 Permits: Conditions: Approval or rejection of application.
The Chief of Police or his or her designee, upon consideration of an application by a funeral escort service provider and the investigation reports and documents attached thereto, shall approve or reject the application in accordance with the provisions of this chapter if it is found:
(a) That the vehicles described in the application and proposed to be operated by the funeral escort service provider meet the minimum standards set forth in this chapter;
(b) That the applicant meets all the requirements of this chapter and all other applicable laws and regulations;
(c) That the applicant is at least eighteen (18) years of age and has provided the Chief of Police or his or her designee evidence of the curriculum, including instruction of materials and skills taught and practiced or an instructional program of traffic safety which the applicant has satisfactorily completed providing sufficient training to direct traffic as specified in this chapter in a safe and lawful manner;
(d) That the applicant has not been convicted within five (5) years immediately preceding the application of a crime substantially related to the qualifications, functions or duties associated with operating motor vehicles or with leading or otherwise escorting a funeral procession;
(e) That the applicant has submitted proof of insurance coverage in the amount required by the City’s Risk Management Authority;
(f) The applicant has met all other conditions established by the City Council or the Chief of Police in order to ensure the public health, safety, and general welfare;
(g) That the information submitted by the applicant is correct and complete.
(1131-CS, Added, 12/10/09)
4-18-106 Indemnity.
The funeral escort permittee or his or her funeral escort service employer shall assume all responsibility for his or her activity and operation, shall bear all losses and damages directly or indirectly resulting to him or her, any subcontractor, the City or City employees that are the result of the performance or character of the operation, unforeseen difficulties, accidents, occurrences or other causes not predicated on active negligence of the City. The permittee or his or her funeral escort service employer shall assume the defense of and indemnify and save harmless the City, its officers and employees from all claims, loss, damage, injury, and liability of every kind, nature and description, including punitive damages, directly or indirectly arising from the escorting of a funeral procession.
(1131-CS, Added, 12/10/09)
4-18-107 Permits: Terms.
(a) The Chief of Police may grant a funeral escort permit to an individual person for a period not to exceed one (1) year from the date of issuance and may renew a funeral escort permit for an additional period not to exceed one (1) year from the date of reissuance.
(b) The provisions of this chapter applicable to first-time applicants shall apply to a permittee applying for renewal of a funeral escort permit.
(c) Permits are non-transferable.
(1131-CS, Added, 12/10/09)
4-18-108 Permits: Revocation.
Any permit issued pursuant to the provisions of this chapter may be revoked by the Chief of Police or his or her designee for any of the reasons that follow, after ten (10) days’ written notice to the permittee specifying the grounds for the proposed revocation and requiring him/her to appear and show cause why such permit should not be revoked:
(a) Non-compliance with any of the conditions of this chapter;
(b) The permittee’s unlawful or negligent direction of traffic while escorting a funeral procession or other motor vehicle procession;
(c) Upon the suspension or revocation of the permittee’s California Vehicle Operator’s License or endorsement for the type of vehicle the permittee utilizes while directing funeral processions.
(1131-CS, Added, 12/10/09)
4-18-109 Permits: Appeals.
(a) Any applicant for, or holder of, a permit whose application is rejected or whose permit is suspended or revoked, as provided in this chapter, may appeal such decision pursuant to the provisions of Chapter 1-4 TMC.
(b) In the event of a rejection or revocation, applicant may not reapply for a twelve (12) month period following final action.
(1131-CS, Added, 12/10/09)
4-18-110 Supplemental regulations.
(a) Provisions of this chapter shall be deemed as supplemental to the business license tax and any other pertinent laws and ordinances of the City of Turlock.
(b) The Chief of Police may prepare and issue written regulations for distribution to applicants and permittees regarding implementation of the provisions of this chapter, including, but not limited to, the safe and lawful conduct of funeral escort services, and the maintenance of insignia, uniforms, motor vehicles and equipment used in escorting funeral processions. Such regulations shall be binding upon applicants and permittees. Permittees shall comply with these written regulations as a term and condition of the permit.
(1131-CS, Added, 12/10/09)
4-18-111 Rules governing funeral processions.
(a) Each vehicle participating in a funeral procession shall be operated with its headlights and, if so equipped, its emergency flashers turned on.
(b) No operator of any vehicle shall drive between the vehicles comprising a funeral procession, provided the vehicles comprising such procession are conspicuously so designated by having their headlights and, if so equipped, emergency flashers turned on.
(c) Within one (1) hour of the start of a vehicle funeral procession, a permittee escorting such procession shall notify the Turlock Police Dispatch via telephone of the route the procession will travel and the estimated starting and ending times of the procession.
(1131-CS, Added, 12/10/09)
4-18-112 Traffic control and direction.
(a) Any person issued a valid funeral escort permit pursuant to this chapter and leading or escorting a vehicle 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, at intersections controlled by:
(1) Stop signs, providing that the permittee remains in the intersection until all funeral procession vehicles have cleared the intersection.
(2) Signal lights; provided, that the lead vehicle in the procession enters the intersection with a green light and the permittee remains in the intersection at all times when the procession is proceeding through the intersection.
(b) A permittee is authorized to stop, direct or otherwise regulate traffic in the manner specified in this section only while wearing a uniform and an insignia approved by the Chief of Police or his or her designee and carrying a valid permit issued to him or her as an individual pursuant to this chapter.
(c) The Chief of Police or his or her designee may order the immediate suspension or revocation of a funeral escort permit if the permittee has not directed traffic in the manner specified in this section.
(1131-CS, Added, 12/10/09)
4-18-113 Private processions.
Persons participating in private funeral processions or other processions within the City without police escort must obey all State and City traffic laws, except as specifically authorized in this chapter.
(1131-CS, Added, 12/10/09)