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HomeMy WebLinkAbout4.07 Parades & Events Routes C~lV CllE~rA\ f~~e # D~[I]~<>~[Q] AGIE~DA sr A TIEMIENT C~lJl( COIU~C~l MIEIET~U\!IG DA TIE lFeron.~B1ry 5, 2008 SUBJECT A 1"f ACHMENTS RECO~ENDAT~l FINANCIAl. S'f A l'EMENT DE SCRDJ?'fJI ON AdoptIOn of Ordmance RepealIng and Re-enactmg DublIn MunICIpal Code Chapter 5 12, Relatmg to Parades and Events, and AdoptIOn of ResolutIOn Estabhshmg DesIgnated Parade Routes Report Prepared by Ehzabeth H Szlver City Attorney, Drane Lowarf, Parks & CommunIty ServIces Dlrector, and Amy Cunmngham, SenIOr AdmInIstratIve Analyst 1 2 Dubhn MUlllClpal Code Chapter 5 12 Draft OrdInance Repealmg Chapter 5 12 of the Dublm I MuniCIpal Code Relatmg to Parades and Addmg Chapter 5 12 RelatIng to Parades and Events Proposed ResolutIon EstablIshmg Designated Parade Routes WIthtn the CIty With map attached as Exlnblt A 3 Wftlve the readmg and ADOPT the Ordmance RepealIng Chapter 5 12 of the Dublm Municipal Code Relatmg to Parades and Addmg Chapter 5 12 Relatmg to Parades and Events (Attachment 2), and Adopt the Resolution Estabhshmg Parade Routes (Attachment 3) None At Its March 22, 2006 Goals and ObjectIves meetmg, the CIty CounCil reviewed and approved WIth high pnonty the proposed comprehenslve update to certam chapters of the Dublm MuniCipal Code (DMC) One chapter proposed for review IS DMC Chapter 5 12 (Attachment I), whIch establIshes regulatIOns relatmg to parades WithIn the CIty of DublIn (the "CIty") Chapter 5 12 was carned forth from the Alameda County Code upon the City's mcorporatIOn, and has not been amended smce that tIme Due to several developments m the law relatmg to the regulatIOn of parades, Staff proposes that the current Chapter 5 12 be repealed and replaced WIth the proposed Ordmance relatmg to Parades and Events (Attachment 2) COpy 'I 0 ------_________________________w_____________________~-------------~--------------~_____________R____._______ Final StfRpt Parades Ord DOC 114 1015 Page 1 of7 4.1 lI'fEM: NO CJ On January 15, 2008, the CouncIl held a publIc hearmg on the proposed ordmance repealIng and reenactmg Chapter 5 12 FollOWIng the publIc heanng, the Council wftlved the readmg and mtroduced the Ordmance Repealmg Chapter 5 12 of the Dublm Mumclpal Code Relatmg to Parades and Addmg Chapter 5 12 Relatmg to Parades and Events (Attachment 2) Scope of the Proposed OrdInance The proposed Ordmance regulates parades occurnng on, upon, or along any street, Sidewalk, alley or other publIc way, Just as the current ordInance does However, the proposed Ordmance clarIfies the defimtlOn of "parade" to mean any parade, march, demonstratIOn, assembly, ceremony, show, reView, exlnbltlon, pageant, motorcade, athletIC event or processIOn of any kmd, or any Similar display, whIch IS to assemble or travel m umson 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, lmpalr or mterfere With the free use of such publIc street, SIdewalk, alley, or other pubhc way Thus, parades mclude a Wide variety of events that occur WIthtn any street, Sidewalk, alley or other pubhc way For example, the proposed OrdInance apphes to athletiC events, such as 10K races, marathon races and bicycle races In addltIon, the proposed Ordmance applIes to marches and parades that mvolve "expressIve actIvity," - parades that mvolve the commUnIcatIOn of OpinIOnS, views or Ideas -- whIch are protected by the FIrst Amendment's guarantees of freedom of speech and assembly (Long Beach Lesbzan and Gay Pnde, lnc v City of Long Beach (1993) 14 Cal App 4th 213, 324 (Long Beach)) Due to the constItutIOnal concerns Imphcated m the regulatIOn of parades, the proposed Ordmance treats differently those parades mvolvmg expreSSIve actIvity and those parades that do not mvolve expressive actlvIty WhIle the same applIcatIOn requIrements and procedures are generally applIcable to both types of parades, the follOWIng table provIdes a comparIson of those proposed permIttmg regulatIOns that treat non-expressIve actIvlty parades and expressive actIvlty parades differently These differences are discussed m greater detaIl throughout the staff report Please see page 5 of thiS staff report for a dISCUSSIOn of the effect of the proposed Ordmance on the City'S common and recurnng parades Please also note that the proposed Ordmance mcludes deSignated parade routes, whIch are dIscussed later m thIs staff report The purpose of deSIgnated parade routes IS to balance the mterests of persons WIshIng to conduct expressive actIvity parades m a tImely manner and the CIty'S mterest m enSUrIng It has the servIces necessary to protect the publIc and parade partIclpants Permlttnng Re lations Ttmmg ofpernut applIcatIOn Parades Not Involvmg Ex reSSIVe Actlvl ApplIcant must apply not less than 30 calendar days, nor more than I year before parade ActIon on permIt applIcatIon ChIef of PolIce must approve, approve WIth conditIOns, or deny applIcatIon wlthm 10 days of recelvmg complete applIcatIOn Page 2 of7 Parades Involvmg ExpreSSive ActiVity o If applIcant does not choose CIty deSIgnated parade route, applIcant must apply not less than 5 calendar days before parade o If appltcant chooses Ctty deSignated parade route, applIcant must apply not less than 48 hours before arade o If applIcant does not choose City-deSignated parade route ChIef of PolIce must approve, approve WIth condItIons, or deny apphcatlOn wlthm 3 days of recelvmg complete apphcatlOn o If appltcant chooses CIty deSIgnated parade route, ChIef of PolIce must approve, approve WIth condItIons or deny appltcatlOn wlthm 12 hours of recelvmg complete applIcatIOn (longer tIme penods are rovIded If the a IIcatlon IS receIved after noon on a Fnday or the day before a holIday) ServIce charges Apphcant must pay servIce charges for Appltcant must pay servIce charges except for polIce the actual cost the CIty Incurs In protectIOn costs to protect parade partIcIpants and connectIon WIth the penmt observers IndIgent persons that cannot pay the servIce charges may apply for a waIver of the servIce charges Government agencIes exempt Insurance reqUIrements ApplIcants must obtaIn publtc lIabIlIty ApplIcants need not prOVIde msurance, unless there IS a and property damage Insurance In the speCIfic demonstrable hIStOry of personal Injury or amount of$I,OOO,OOO combmed sIngle property damage claims agamst the apphcant lImIt ApplIcatIOn Procedure The current ordmance reqUIres that an applIcatIOn for a parade permit contftlll several Items of mformatIOn, mcludmg contact mformatIOn for the applIcant and organizatIOn, If applIcable, date and tIme for the parade, estImated numbers of persons, vehicles, anImals and structures m the parade, the locatIOn of assembly of the parade, and other mformatIOn The proposed Ordmance carnes forth thiS reqUIred mformatIOn, and additIOnally requues mformatIOn such as locatIOn of disassembly of the parade and parkmg reqUIrements for parade partICipants In additIOn, the proposed Ordmance carnes forth the applIcatIOn fee reqUIrement of the current ordmance, wluch IS currently set at $90 per applIcatIOn, pursuant to the Master Fee Schedule effectIve July 1,2006, and which Will remam the same for fiscal year 2007/2008 The current ordmance requues an apphcatIOn for a parade permIt to be filed not less than 20 days before the date of the parade However, due to federal and state court deCISIons challengmg muniCipal parade ordmances, the proposed Ordmance Imposes a notIce reqUIrement of 30 calendar days for parades that do not mvolve expressive actIVity, but reduces the advance notIce reqUired for parades mvolvmg expressive actiVity The advance notIce reqUIrement for parades mvolvmg expresslve actIvlty vanes dependmg on the amount of tIme necessary for the City to prepare for the parade The proposed Ordmance requues the City CouncIl to deSignate certam parade routes m the City, as discussed below, which have been studied by CIty Departments for servICe prOVISIOn If an applIcant chooses to use the CIty CouncIl deSignated parade route, the applIcant need only give 48 hours advance notIce to the City The 48-hour advance notIce complIes WIth the standard upheld by the Nmth CUCUlt (Santa MOnIca Food Not Bombs v Czty of Santa MOnIca (2006) 450 F 3d 1022, 1045 (San fa MOnIca) ) AlternatIvely, If the applIcant chooses not to use the deSIgnated parade route, the apphcant must give the City five calendar days' notIce, to prOVIde the City tIme to prepare for the parade No court has addressed a five-day notIce reqUIrement Imposed on applIcants who choose a non-deslgnated parade route However, such a reqUIrement would appear to comport With the Nmth CIrCUIt'S reasolllng that cItIes reqUIre tIme to coordmate the vanous demands on the streets, mcludmg services for parades (Ibid) It should also be noted that the proposed Ordmance applIes to actIvlty occUITlng m pubhc streets, Sidewalks, alleys or other publIc ways, and does nof apply to publIc spaces such as City parks and the City Hall entrance In addItIon, the Clty does not Impose any permlttmg reqUirements on the use of City parks and the City Hall entrance for purposes of expreSSIve aCtIVIty Thus, persons may engage m spontaneous events, generally defined as events occasIOned by news or affaIrS commg mto publIc knowledge less than 48 hours pnor to such event, m the CIty'S parks and publIc spaces, so long as such spontaneous actIvity does not occur m the streets, Sidewalks, alleys or other publIc ways In other words, the proposed Page 3 of7 Ordmance does not foreclose opportumtIes for persons to engage m expressive activity through spontaneous events, such as a spontaneous labor protest or protest of some pubhc event ActIOn on Penmt ApphcatIOn The current ordmance reqmres permit Issuance upon a findmg that the parade will not adversely affect the publIc health, safety or welfare, glvmg broad discretion to the declSlon-maker, but does not set forth the basIs for dernal of a permit and does not establIsh a deadlme for actIOn on the permit applIcatIOn Conversely, the proposed Ordmance prOVides that the Cruef of PolIce shall approve, approve With conditions or deny an applIcatIOn for a parade permIt WItrun 10 days of recelvmg a completed applIcation, except that applIcatIOns for parades mvolvmg expressive actiVIty must be approved, approved With conditions, or defiled WIthtn three days ofreceIvmg a completed applIcatIOn, or WIthm 12 hours If the desIgnated parade route is used unless the applIcatIOn IS received after noon on a Fnday or a day before a legal holIday, m wruch case the Chief of PolIce must act by one o'clock p m on the follOWIng busrness day Because the Clty does not have management or admlfilstratIve staff avaIlable durmg weekends and holIdays, the ChIef ofPohce may be unable to act wlthtn 12 hours on an applIcatIOn for a parade mvolvmg expreSSIve actIvity that IS received after noon on a Fnday or a day before a legal holIday City Staff WIll prOVide the Cruef of PolIce With general estimates of costs, dependmg on the size of a parade If It is conducted on the deSIgnated parade route, so as to faCilItate speedy review and actIOn on an apphcatIOn First Amendment JUrIsprudence lImits the discretIOn that a government offiCial may have over hcensmg parades Thus, the proposed Ordmance proVIdes that the Cruef musf approve the applIcatIOn If it meets the several cntena enumerated m SectIOn 5 12 090 B 1, whIch mcludes a reqmrement that the proposed parade WIll not substantially disrupt verucular traffic, publIc transportatIOn or pedestrian traffic, not unreasonably mterfere WIth access to polIce or fire stations or other publIc safety faCIlItIes, and wlll have avaIlable suffiCIent on-street and/or off-street parkmg to accommodate partiCIpants It IS Important to note that the proposed Ordmance prOVides that, rn evaluatmg the applIcatIOn, no consideratIOn shall be gIven to the content of the speech or message of the parade In additIon, the proposed Ordmance proVides the Cruef of PolIce an optIon to approve a permit With the conditIOns enumerated m SectIOn 5 12090 B 2, wruch mclude the accommodatIOn ofthe parade's pedestrian and verucular traffic, rncludmg the restnctIOn of parade partiCipants to City SIdewalks, or portIOns of City streets or other pubhc ways Fmally, the proposed Ordrnance prOVides that the Clnef must deny any applIcatIOn that does not meet the approval cntena or any conditions lmposed on the permlt, or If the applIcant has not pmd any applIcable fees under the Ordmance Ordmance Imposes Servlce Charges In addition to the parade permit applIcation fee, the proposed Ordmance Imposes servIce charges on the applIcant, which represent the actual cost the City mcurs m connectIOn WIth the actiVItIes for which the permit lS reqmred, mcludmg, but not lImited to, costs associated WIth fire safety, traffic and pedestnan control, street closures, admmIstratIOn and coordrnatIOn of City services, and admmlstratIve and overhead expenses The current ordmance does not reqmre the payment of such costs Upon receIpt of a complete applIcatIOn, the service charges Will be estImated by the ChIef of Pohce, the Director of PublIc Works, the Director of Parks & Community Services, and the Fire ChIef The applIcant must pay, m advance of the parade, a cash depOSIt or other adequate secUrIty to cover the total estImated service charges Page 4 of7 Although a Clty can lmpose service charges, It cannot charge for the cost of polIce protectIOn of those engaged m or observmg a parade that mvolves expressIve actlvlty (see Long Beach Lesbzan, supra, 14 Cal App 4th at p 335), so the defirutlOn of "ServICe Charges" excludes those costs In addItIon, an mdlgent person who mtends to engage m expreSSIve actIVIty and cannot pay the service charges may apply for a WaIver upon venficatlOn of mdlgent status, as set forth m the Ordmance Government agencles are also exempt from the servIce charge reqUIrement The proposed Ordmance reqUIres the applIcant to reimburse the CIty for actual repaIr or replacement costs m the event that CIty property IS damaged or destroyed by the permitted parade IndemruficatlOn and Insurance ReqUIrements The Nmth ClfCUIt upheld Santa Moruca's mdemruficatlOn provIslOn m Its CommunIty Events Ordmance, despite the fact that the proVISion applIes to those engaged m expressIve actlvIty (Santa MOnIca supra, 450 F 3d at p 1056) Thus, the proposed Ordmance reqUIres an applIcant to execute a hold harmless agreement m a form approved by the CIty Attorney to protect the CIty from claIms arlSlng out of the permI tted parade Conversely, the Court of Appeal struck down Long Beach's msurance reqUIrement because It apphed to expresSlve actIVIty (Long Beach Lesbzan, supra 14 Cal App 4th at p 342) Thus, the proposed Ordmance reqUIres the applIcant to obtam publIc habIhty and property damage msurance m an amount of at least $1,000,000 combmed smgle lImIt, except that applIcants who mtend to engage m expressIve actlvlty need not prOVide such msurance, unless there IS a speCIfic demonstrable htstory of personal mJury or property damage clftlms bemg awarded agamst the applIcant attnbutable to the applIcant's conduct of prevlOus parades m the City that are SImIlar to the proposed parade The current ordmance does not address mdemmficatlOn or msurance reqUIrements Conduct of Parade The proposed Ordmance carnes forth the current ordmance's reqUIrement that, once a permit has been obtamed and applIcable fees have been paid, no one shall mterfere WIth the parade WIth vehicles or otherWIse, and that the ChIef of PolIce has the authonty to prohIbit and restnct parkmg along the route of the parade Effect of Proposed Ordmance on the City'S Common and Recurrmg Parades Dublm Pohce ServIces receives about 10 applIcatlOns for parade permits each year The CIty rarely receIves apphcatIons for parade permIts to engage m expreSSIve actlvIty Based on a review of Dublm Pohce records, It appears that the most recent applIcant for a parade permIt to engage m expreSSIve actiVIty was submitted on behalf of March for Jesus m 1995 and 2000 To the extent that a parade permIt applIcant mtends to engage m expressive actlvlty, the permIttmg regulatlOns applIcable to expressive actIVity parades as descnbed m thts staff report shall apply Parade permIt applIcatlOns for non-expressIve actlvlty are much more common For example, the CIty has m the past receIved apphcatlOns for several athletIc events, such as the Top Hat ClaSSIC bicycle event on behalf of the Multlple SclerOSIS SocIety, the Cmderella ClasS1C bicycle event on behalf of the Valley Page 5 of7 Spokesmen BIcycle Tounng Club, the fundrmsmg walk on behalf of DublIn Umted Soccer, and a IOK run sponsored by the Deputy Shenffs ASSocIatIOn called the JaIl Break Run Parade apphcants would be responsIble for the servIce charges mcurred by the CIty m connectIOn with the parade The amount of service charges would depend on the SIze and locatIOn of the event For example, the service charges assessed for a parade of200 persons usmg the CIty deSIgnated parade route would be about $6,000 to $9,000 A parade ofthts scope and partIcIpatIOn would reqUlre the closure of CIty streets, InstallatIOn of temporary bamcades, and Stafftlme (pnmarlly MCE and PolIce) to prepare the route and proVIde traffic control servIces durmg the event, The recurrmg parades, as they have been conducted hIstoncally, have reqUlred lIttle to no CIty servlces, typIcally, the recumng parades have not reqUlred such thmgs as road closures, traffic control assistance or clean-up servIces If these events are conducted m the same manner m the future there would contmue to be mmlmal or no service charges mcurred The proposed ordmance exempts parades sponsored by a government agency actmg wlthm the scope of ItS functIOns from the payment of service charges For example, parade permIt applIcatIOns submitted on behalf of Dublm Urufied School DIstnct would be exempt from the payment of service charges (I e DublIn HIgh School HomecomIng Parade, Wells Middle School Tour de SPCA (marchmg band)) In addItIon, parades hosted by the City or m conjunctIOn With the CIty are exempt from the proposed Ordmance Thus, the St Patnck's Day parade IS exempt from the proposed Ordmance, as the LIOn's Club hosts the parade m conjunctIOn WIth the CIty Fmally, weddIng and funeral processIOns are exempt from the current and proposed Ordmance m the mterest of publIc pohcy ApplIcants would also be responsIble for provIdmg msurance and Indemmficatlon m complIance WIth the proposed Ordmance, wruch would amount to about $200 to $250 for a SimIlar parade Most applIcants proVIde proof of msurance when they apply already as msurance IS reqUlred by many other CItIes ResolutIOn DeSIgnatmg Parade Routes wItrun the CIty As discussed above, the proposed Ordmance prOVIdes that the CIty CouncIl shall estabhsh a deSignated parade route Wlthm the City, upon recommendatIOn of the Clty Manager DeSignatIOn of parade routes enables the CIty to antICIpate apphcatlOns for parades along these routes, and be prepared for deployment of servIces and estImatIOn of costs mcurred m dehverIng such servIces Although no court has reviewed the constItutlOnahty of deSignated parade routes, the estabhshment of such a route would seem to comport With the Nmth CIrcUlt's reasorung that CIties need tlme to coordmate vanous demands on pubhc nghts-of- way, and several CalIfornIa cltles have successfully adopted such deSIgnated parade routes (Sanfa MOnIca supra 450 F 3d at p 1045) The proposed resolutIOn desIgnatmg a parade route reflects the recommendatIOn of the CIty Manager (Attachment 3) The resolutlon would establIsh a deSIgnated parade route around a portIOn of Emerald Glen Commumty Park, along Gleason Dnve, TassaJara Road and Central Parkway As the City contmues to develop, the City WIll examme addltlonal deSignated parade routes for proposal to the City CounCil However, the establIshment of deslgnated parade routes does not preclude applIcants from requestmg a parade route dIfferent from one deSignated by the City CouncIl As discussed above, parades mvolve the constItutIOnally-protected nght to freedom of speech and assembly, and any blanket prohlbItlon of parade locatlon would most lIkely VIolate the requIrement that parade regulatIOns be narrowly-taIlored to serve the City'S sIgmficant governmental mterest m preservmg the publIc health, safety and welfare (Sanfa MOnIca, supra 450 F 3d at pp 1037-38) Page 60f7 RECOMMENDA l'ION Staff recommends that the City CouncIl 1) Wftlve readmg and ADOPT the Ordmance Repealmg Chapter 5 12 of the DublIn MunicIpal Code RelatIng to Parades and Addmg Chapter 5 12 Relatmg to Parades and Events (Attachment 2), and 2) Adopt the ResolutIOn EstablishIng Designated Parade Routes wlthm the City WIth map attached as Exhibit A (Attachment 3) Page 7 of7 SectlODS 5 12 010 5 12 020 5 12 030 5 12 0410 5 12 050 5 12 060 5 12 070 5 12 080 5 12 090 5 12100 Chapter 5 12 PARADES Permit-Required DefimtJons Pemllt-Apphcatlon procedure Pernut-Condlt:IODs for Issuance Permit-Contents Notice to county officials and other offiCials Appeal-Form of permlt Duties of permittee Pubhc conduct durmg parades Perml t- Revocation 5 12 ono Permit reqUired No person shall engage or partICipate 10 aId, form, or start any parade In the county unless a parade permIt shall have been obtamed from the ShenfT A To the extent allowed by law, per- mit fees therefor shall be charged by the ShenfT m the amount establIshed by reso- lution of the Board of Supervisors upon recommendatIon of the Shenff B ExceptIons ThiS chapter shall not apply to 1 Weddmg or funeral processIOns, 2 Students gOlllg to and from school classes or particIpatIng In authonzed educattonal acttVItles, provIdmg such conduct IS under the ImmedIate duec- Uon and supervIsIOn of the proper school authontIes, 3 A governmental agencv actmg WIthm the scope of Its functions, ,~ '7 5 12 010 4 Any vehIcular processIOn con- ducted wrthIn five (5) days of an electIon, whIch processIOn IS In support of or In opposItIon to any candidate or ballot measure to be voted on at saId electIon (Ord 13 9 I (part), 1982 9 5-16 1, Alameda County Code) 5 12 020 DefmIhons 'County" means the umncorporated area of the county of Alameda, state of CalIforma 'Parade means any parade, march, ceremony, show, exhibit, pageant, or processIOn of any kmd, or any simIlar display, conSIStIng of more than ten (to) vehIcles or more than twenty (20) per- sons proceedmg on foot or othel"Wlse, lD or upon any street. hIghway, road, thor- oughfare, or alley of the county 'Parade permIt means a permIt reqUIred by thIS chapter "Person" means any person, firm, partnershIp, aSSOCIatIon, corporatIon, company, or orgamzatIon of any kmd Shenff' means the Shenff of the county of Alameda, state of CalIforma (Ord 13 9 1 (part), 1982 g 5-160, Alameda County Code) 512030 Permlt-ApphcatIon procedure A person seekmg Issuance of a parade permtt shall file an apphcatlOn WIth the Shenff A F dmg Penod An applIcatIon for a parade permIt shall be filed WI th the Sher~ Iffno less than twenty (20) days nor more than thirty (30) days before the date on which 11 IS proposed to conduct the parade 131 ffUn 1f: Y 1 rJ-} 5/ Off~ M..~ ATTACHMENT 1 <J 5 12 030 B Content of ApplIcatIOn The apphcanon for a parade perm.lt shall set forth the followmg mformatlon 1 The name, address and telephone n um ber of the person or persons seelo.ng to conduct such parade, 2 If the parade IS proposed. to be con- ducted, on behalf of, or by an organlZa- t1On, the name, address and telephone number of the headquarters of the orga- niZatIOn, and of the authonzed and responsIble heads of such orgamzatIon, 3 The name, address and telephone number of the person or persons who WIll be responsible for the conduct of the parade, 4 The date when the parade IS to be conducted 5 The route to be traveled, the start- 109 pomt and the ternunatlon pomt, 6 The appro Xl mate number of per- sons who, and ammals and VehIcles WhiCh, wIll constItute such parade, the type of ammals and descnptIons of the vehIcles, 7 The hours when such parade shall start and termmate, 8 A statement as to whether the parade WIll occupy aU oronly a portIOn of the WIdth of the streets, roads, hIghways, alleys or thoroughfares proposed to be traveled, 9 The locatIons by streets, roads highways, alleys or thoroughfares of any assembly areas for such parade, 10 The time at WhICh umts of the parade Will begIn to assemble at any such assembly area or areas, II The Interval of space to be mam- tamed between umts of such parade, 12 If the parade IS deSIgnated to be held by, or on behalf of, any person other c:? :f II than the applIcant, the applIcant for such permIt shall file With the ShenfT a com~ mumcatlon In wntlDg from the person proposmg to hold the parade, authonz- mg the applIcant to apply for the perm.lt on rus behalf, 13 Any additIonal infOrmatIon whIch the ShenfT shall find reasonably necessary to a fau determmatlon of the regulat.J.on and conduct of such parade C Late ApplIcations The Shenff, where good cause IS shown therefor, shall have the authonty to conSIder any apphcatIon hereunder which IS filed less than twenty (20) days before the date such parade IS proposed to be conducted (Ord 13 S I (part), 1982 S 5-16 2, Alameda County Code) 5 12 040 PermIt-ConditIons for Issuance A Upon receIpt of an applIcation for a parade Demut the Shenff shall forward a copy of the applIcatIOn to the Duector of Pubhc Works, the County DIrector of Health Care ServIces, the FIre ChIefs of the affected areas, the CIVIl Defense Office, and any county department or any other pubhc agency which may be affected by the operatIon and conduct of such parade The Shenff shall req uest comments from said departments relat- 109 to the operation and conduct of the pubhc busmess and welfare requesung the opmIon of said department heads of the effect, If any, of the conduct of such parade upon traffic control, emergency vehIcle movement mcludmg but not lIm- Ited to ambulances and the hke, the movement of fire fightmg eqUIpment en route to a fire and such other maneI:'; as 132 are or may heremafter be subject to the control and drrernon of such department heads B Wntten replIes shall be subrmtted to the ShenfT from the departments Involved wIthm ten (10) days before actIon IS requIred to be taken on such permit and considered 10 relatIon to the matter set forth 10 the apphcatlOn, and In relatIon to the standards contaIned In Sernon 5 12050 If the wntten rephes or 1OformatIon the ShenfT receIves as the result of his own InVestIgatIon of the per- mIt IndIcate that the operatlOns of the departments lOvolved or the pubhc health, welfare or safety w1l1 not be adversely affected by the conduct and operatlon of the proposed parade, the Shenff shall issue the parade permIt as apphed for If any of the wntten replIes 1OcludlOg any 1OformatlOn the Shenff may receive as the result of hIS own 1Oves- tlgatlon of the permIt IndIcate that the pubhc safety, health and welfare may be matenally hampered by the conduct and operatlOn of the proposed parade the Shenff shall Issue a parade permit alter- Ing any of the appropnate Items set forth In Sernon 5 12030 B so as to Insure that the pubhc safety, health and welfare wIll not be JeopardIzed by the conduct of such parade (Ord 13 ~ 1 (part), 1982 95-163 Alameda County Code) 5 12 050 Penmt-Contents Each parade permIt shall state the fol- lowmg InformatIon A Date startmg and termInatIOn tIme B MImmum speed, C MaxImum speed, r 3t:;f/7 5 12 040 D MaxImum mterval of space to be mamtamed between the umts of the parade, E The portIons of streets, roads, lngh- ways, alleys, or thoroughfares to be tra- versed that may be occupIed by the parade, F The maxImum length of the parade In mIles or fractIons thereof, G Such other InfOrmatlOn or cond1- tlOns as the Shenff shall find necessary to the enforcement of the terms and condI- tIons of the permIt (Ord 13 9 1 (part), 1982 95-166, Alameda County Code) 5 12 060 Nonce to county offiCIals and other offiCIals ImmedIatelv upon the issuance of a parade permIt, the Shenff shall send a copy thereof to the follOWIng A The ChaIrman of the Board of SupervISOrs B The DIstnct Attorney, C The Fire ChIefs of the affected areas, D The Director of the Department of Pubhc Works, E The Director of Clvtl Defense, F Any other county OffiCIal or depart- ment head who has replIed to the Shenff as hereInabove set forth (Ord 13 9 1 (part), 1982 9 5-165 Alameda County Code) 5 12 070 Appeal-Form of permIt The apphcant or any aggneved person includIng but not lImIted to any county officer department, board or commIS- SIon affected by the permIt shall have the nght to appeal the form of the parade permIt to the Board of Supervisors of the county The appeal shall be taken Wlthm 133 5 12 070 three (3) days after Issuance by the Shenff and shall be presented to the Board for determInatIon The Board may hear addrtIonal eVIdence and may sustaIn or modIfy the deCIsIon of the Shenff COnsIS- tent With the standards set forth 10 Sec- tIon 5 12050 and the matter contaIned 10 the apphcatIon The deCISIon of the Board shall be final (Ord 13 9 1 (part), 1982 9 5-16 4, Alameda County Code) 5 12 080 Dunes of permittee A permittee hereunder shall comply WIth all permit directIons and COndItIOns and WIth all applIcable laws and ordI- nances A PossessIOn of PermIt The parade chaIrman or other person headmg or leadIng such actIvIty shall carry the parade permIt upon hiS person dunng the conduct of the parade (Ord 139 1 (part), 1982 95-16 7, Alameda County Code) 5 12 090 Pubbc conduct durmg parades A Interference No person shall unreasonably hamper, obstruct, or Impede or Interfere WIth any parade or 134 Lj 117 parade assembly or With any person, vehIcle or arumal partICIpatIng or used 10 a parade B DnVIng Through Parades Except for emergency vehIcles, no dnver of a vehIcle, bus or trackless trolley shall dnve between the vehIcles, ammals or persons compnsIng a parade when such vehIcles, anImals or persons are 10 motion and are conspIcuously deSIgnated as a parade C ParkIng on Parade Route The ShenfT shall have the authonty, when reasonably necessary, to prohibit or restnct the parlang of vehicles along a street, hIghway, road, thoroughfare or alley, or part thereof constltutmg a part of the route of the parade The Department of PublIc Works shall post SIgns to such effect as dIrected by the ShenfT and It shall be unlawful for any person to park or leave unattended any vehicle 10 VIO- latIon thereof (Ord 1391 (part), 1982 9 5-168, Alameda County Code) 512100 Permit-RevocatIon The Shenff shall have the authonty to revoke the permIt Issued hereunder when any of the operations or conduct of such parade VIolate any of the condItions lIsted m the contents of the permIt (Ord 13 9 1 (part), 1982 9 5-169, Alameda County Code) 5~ 17 ORDINANCE NO - 01 AN ORDINANCE OF THE CITY OF DUBLIN REPEALING CHAPTER 5 12 OF THE DUBLIN MUNICIPAL CODE RELATING 'fO PARADES AND ADDING CHAPTER 512 RELATING TO PARADES AND EVENTS RECITALS WHEREAS, the CIty of Dubhn MumcIpal Code Chapter 5 12 provIdes for the regulatIon of parades WithIn the Clty of Dublm ("CIty"), and WHEREAS, parades upon any street, Sidewalk, alley, or other publIc way are subject to content-neutral tIme, place, and manner regulatIons, and WHEREAS, the CIty CounCil IS mmdful of current Junsprudence regardmg the regulatIon of parades on streets, SIdewalks, alleys and other publIc nght of way and has determmed that the deslgnatlOn of parade routes Will allow the ChIef of PolIce to reVIew apphcatlOns for parades mvolVIng expressIve actIvIty expedItIously, and WHEREAS, because the City does not have management or adnurustratIve staff avaIlable dunng weekends and holIdays, the ChIef of PolIce Will be unable to act WithIn 12 hours on an apphcatIon for a parade mvolvmg expressive actIvity that IS received after noon on a Fnday or a day before a legal holIday, and WHEREAS, the tIme penods to apply for an expressIve actIvity parade permit on a deSIgnated route WIll allow the ChIef of PolIce the time and resources to protect the publIc health, safety and welfare, faCIlItate multIple uses of streets, sldewalks, alleys, or other publIc ways, prevent dangerous and unlawful uses ofpubhc property and regulate vehIcular and pedestnan traffic, and WHEREAS, thts ordmance does not reqUIre a perrmt for a spontaneous event m publIc places other than streets, Sidewalks, alleys, or other pubhc ways, thus allowmg expreSSIve actiVItIes to be conducted m such places m a tImely marmer, and WHEREAS, the CIty CouncIl deSIres to repeal the eXlstmg regulatIons pertalmng to parades and replace such regulatIons to clanfy the perrmt requIrements NOW, THEREFORE, the City CounCIl ofthe CIty of Dublm does hereby ordam as follows SectIOn 1 Chapter 5 12 of the Dublm MumcIpal Code IS hereby repealed SectIon 2 Chapter 5 12 of the DublIn MumcIpal Code IS hereby added to read as follows Page 1 of 11 ATTACHMENT 2 0~}7 Chapter 5 12 PARADES AND EVENTS 5 12 010 Purpose The purpose of this chapter IS to regulate parades occurnng 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 pedestnan traffic, and facIlItate mulnple uses of such property 5 12 020 DefinItIons For the purposes ofthts chapter, the words set out m thts sectIOn shall have the followmg meamngs A "ExpressIve ActIVity" means conduct, the sole or pnnclpal object ofwlnch IS the expreSSIOn, dIssemmatIon, or commumcatIOn of oplIllon, Views, or Ideas by verbal, Visual, lIterary, or audItory means B "Parade Orgamzer" means any person who conducts, manages, promotes, orgamzes, aIds or solICits attendance at a parade C "Parade" mearls arlY parade, march, demonstratIOn, assembly, ceremony, show, reView, exlnbInon, pageant, motorcade, athletic event or proceSSIon of arlY kmd, or arlY SImIlar dIsplay, wlnch IS to assemble or travel In umson on, upon, or along any portIOn of any publIc street, Sidewalk, alley or other publIc way and wlnch 1) does not comply WIth the normal arid usual traffic regulations or controls, or 2) IS lIkely to Impede, obstruct, Imparr or mterfere WIth the free use of such publIc street, SIdewalk, alley, or other publIc way D "ServIce Charges" means the actual costs that the City mcurs m connection WIth actIVities for wlnch a pernut IS reqUIred pursuant to thts chapter, mcludmg, but not hrmted to, costs assOCiated With fire safety, traffic arid pedestnan control, the closure of any street, SIdewalk, alley or other publIc way, the dlvertmg of traffic, adrmmstratlOn or coordmatIOn of City services, the prOViSion of support personnel, eqUIpment, matenals and supphes, arid adrmmstratIve and overhead expenses ServIce Charges shall not Inc1ude costs mcurred by the CIty to prOVide PolIce protection to those engaged m or observmg ExpreSSive ActiVity E "Street, Sidewalk, Alley, or Other PublIc Way" means arid mc1udes all streets, lnghways, avenues, lanes, Sidewalks, alleys, and other publIc ways m the City open to publIc use for purposes of velncular or pedestnan travel 512 030 Perrmt ReqUired Page 2 of 11 7 a:f )7 It IS unlawful for any person to conduct or cause to be conducted, serve as a Parade Orgaruzer, or knowmgly particIpate or engage m a parade unless a wntten perrmt for such parade has been Issued and applIcable fees have been paid pursuant to tlus chapter 5 12 040 Pernut-ExceptIons The followmg actIVitIes are exempt from the permIt requrrement set forth m SectIon 5 12030 A Weddmg and funeral proceSSIOns, B Parades sponsored by the City or hosted m cOnjunctIOn With the City, mc1udmg the St Patnck's Day Parade (and 5K run) 5 12 050 Enforcement Officer DeSignated It shall be the duty of the Cluef of PolIce of the CIty, or hIs or her deSignee, to enforce the provlSlons of thts chapter 5 12 060 Place of regIstratIon The applIcant for a permit under tlus chapter must register and obtam a perrmt from the Cluef of PolIce 5 12 070 DeSIgnated parade routes To Implement the proVisions ofthts chapter, the CIty CounCil shall, by resolutIon, establIsh a deSIgnated parade route or routes WIthm the CIty, upon recommendatIon of the City Manager 5 12 080 Pernut-ApplIcatIon A Place and Tzme for Fzlzng ApplIcatlons shall be filed With the PolIce Cluef at the Dublm PolIce Department The applIcatIon for a permit under this chapter shall be filed not less than thirty (30) calendar days, nor more than one year, before the proposed date of the parade, except that applIcations for a parade perrmt mvolvmg ExpressIve ActIVity shall be filed as follows 1 If the parade mvolves use of any street, SIdewalk, alley, or other publIc way that are not mc1uded Wlthm the deSIgnated parade route as establIshed pursuant to SectIon 5 12070, the applIcatIon must be filed not less than five (5) calendar days pnor to the parade 2 If the parade mvolves the use of any street, SIdewalk, alley, or other publIc way that are mcluded wItlun the deSIgnated parade route as establIshed pursuant to SectIOn 5 12070, the applIcatIOn must be filed not less than 48 hours pnor to the parade Page 3 of 11 g~/7 B Form and Contents ApplIcants for permits under this chapter must file a sworn applIcatIOn m wntIng on a form to be funushed by the ChIef of PolIce, whIch shall set forth the followmg mformatlon 1 The name, home and busmess addresses and home, busmess, and mobIle telephone numbers, If aVaIlable, of the applIcant, 2 The name, home and bUSIness addresses and home, busmess, and mobIle telephone numbers, If aVaIlable, of the Parade Orgaruzer, 3 If the parade IS to be conducted by or on behalf of an orgamzatIon, the name, address and telephone number of the orgaruzatIOn, and of the name, bUSIness addresses, and busmess and mobile telephone numbers of the preSIdent or other head of the orgaruzatlon, and documentatIon ofthe authonty under whIch the applIcant IS applymg for the permIt on behalf of the orgaruzatIOn, 4 The proposed date when the parade IS to be conducted, 5 The startmg and endmg tIme of the parade, 6 A wntten descnptIOn of the route to be traveled, along With a map of the route, mcludmg the startIng pomt and the termInatIOn pomt, 7 The locatIOn at WhICh the parade WIll assemble and the locatIOn at wlnch the parade Will dIsassemble, and, If such areaCs) mvolve the use of pnvate property, eVIdence of wntten permISSIOn of the pnvate property owner and/or lessee for such use, 8 The time at whIch the parade Will begm to assemble at any such assembly area or areas, and the estImated trme at wlnch the parade WIll disassemble, 9 The estimated number of persons who WIll partIcipate m the parade, 10 The type and estrmated 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 mmnnum speeds of the parade, 13 The mterval of space to be mamtaIned between unItS of such parade, 14 The parkmg requIrements for the parade partICIpants, 15 Any addItIonal InfOrmatIOn that the ChIef ofPohce shall find reasonably necessary to make a fair determInation of the regulatIon and conduct of such parade Page 4 of 11 qaJI1 C ApphcatlOn Fee All applIcatIons shall be subrmtted With payment of a nonrefundable fee pursuant to resolutIOn of the City CounCIl 5 12 090 Permit-Issuance A Revzew by Czty Departments Upon the filIng of a complete apphcatIOn for a parade permit, the ChIef of PolIce, or hIs or her desIgnee, shalllmmedtately forward the apphcatIOn to the DIfector of PublIc Works, the DIfector of Parks and Commumty Services, and the FIfe ChIef for purposes of review for comphance With thts sectIon and estImatIon of ServIce Charges pursuant to SectIon 5 12 100 B ActlOn on Permzt ApplzcatlOn 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 apphcatIOn, except that the ChIef shall approve, approve WIth condItIons, or deny applIcatIOns filed pursuant to SectIOn 5 12080 A 1 WIthm three (3) calendar days of receipt of a completed applIcatIOn and shall approve, approve With conditIons, or deny applIcatIOns filed pursuant to SectIon 5 15080 A 2 WIthm 12 hours of receIpt of a completed applIcatIon unless the applIcatIon IS received after noon on a Fnday or legal holIday, m whIch case the ChIef ofPohce shall act by one o'clock on the follOWIng busmess day 1 The ChIef of PolIce or hIs or her deSIgnee shall approve any applIcatIOn for a permIt If the follOWIng cntena have been met I The proposed parade WIll not substantIally dtsrupt vehIcular traffic, publIc transportatIon, or pedestnan traffic wIthtn the CIty, 11 The proposed parade WIll not unreasonably mterfere WIth access to pohce or fire statIOns, or other publIc safety faCIhtIes, III 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, IV The parade IS not proposed for a tIme and place for whIch another parade permit has been or Will be Issued to a pnor applIcant or for whIch a parade exempt from thts chapter pursuant to sectIon 5 12040 shall occur, v There IS suffiCIent on-street and/or off-street parkIng to accommodate parade partiCipants, VI The proposed area for the assembly or route of the parade wIll phYSIcally accommodate the number of partICIpants expected to partICIpate m the parade, Page 5 of 11 Iv c;f } '7 Vll The applIcatIon IS complete and does not contaIn fraud, mIsrepresentatIon or false statement, Vlll The applIcant has not vIolated any proViSIon ofthts chapter, IX The applIcant's permIt has not been preViously revoked as provided m thiS chapter, X The applIcant has complIed WIth all applIcable lIcensure reqUirements, ordmances, or regulatIOns of the City concermng the sale, offenng for sale, or dlstnbutIOn of any food or beverage, goods, or semces, XI NeIther the applIcant nor the orgamzatIOn for whIch the applIcatIOn was subnntted has outstandIng debts to the CIty, Xli The parade Will not vIolate any federal, state or local law or regulatIon, and XlIl The applIcant IS legally competent to contract or to sue and be sued 2 The ChIef of Po lIce or lus or her deSignee may conditIOn any permit approved pursuant to SectIOn 5 12090 B I WIth reasonable tIme, place and manner regulatIOns to protect the publIc health, safety and welfare, to facllItate multIple uses of publIc property, to prevent dangerous, unlawful or Impenmsslble uses of publIc property, and to regulate velucular and pedestnan traffic, proVlded that such conditIons shall not be Imposed m a manner that WIll unreasonably restnct ExpreSSive ActIVlty or other conduct protected by the CalIforma or Ulllted States ConstItutIOns CondItIons that may be Imposed on a parade permIt mclude, but are not lImited to I The accommodatIon of the parade's pedestnan and velucular traffic, Includmg the restnctIon of parade partICIpants to City SIdewalks, or portIons of City streets or other publIc ways, 11 CondItIOns deSigned to lessen mterference With publIc safety and emergency servIce access, III The number and type of vehIcles, ammals, or structures to be dIsplayed or used ill the parade, IV The mspectIOn 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, Page 6 of 11 1/ 1 /'1 v The prOViSion and use of traffic cones or bamcades, VI The prOVISIOn or operatIon of first aid statIOns and samtary facIlIties, Includmg samtary facIlItIes accessible to mdlVlduals wIth dIsabIlItIes, VII The prOVIsIOn of a waste management plan, and the clean up and restoratIon of the parade Site, VIll A cleamng 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 ammals, IX NOIse restnctIons, X The proVIsIOn or use of emergency services, XI The obtaImng of all applIcable bUSIness lIcenses or other necessary penruts reqUired by thts code for services or sales prOVided at the parade, XlI The prohtbltIon of alcohol sales or consumptIOn at the parade 3 The Chtef of PolIce or hts or her deSIgnee shall deny any applIcatIon for a permit Ifhe or she fmds any of the followmg I One or more of the approval cntena set forth m SectIOn 5 12 090 B 1 IS not or cannot be met, 11 One or more of the condItIons rmposed on the penmt pursuant to SectIon 5 12 090 B 2 IS not or cannot be met, III The applIcant has not paid the applIcatIon fee pursuant to SectIon 5 12 080 C, IV The applIcant has not paId the depOSIt for the ServIce Charges pursuant to SectIon 5 12 100 C Notzce of Permzt Issuance Immediately upon the Issuance of a parade penmt, the PolIce Chtefshall send a copy thereof to the followmg 1 The applIcant, 2 The Parade Orgamzer, If dIfferent from applIcant, 3 The CIty Manager, 4 The DIrector of PublIc Works, Page 7 of 11 I;; ~ /7 5 The Drrector of Parks and Commuruty ServIces, 6 The Frre ChIef, and 7 The Traffic Safety CommIttee D Notzee of Permzt Denzal If a penmt applIcatIOn IS demed pursuant to SectIon 5 12090 B 3, the ChIef of PolIce shall provide the applIcant With notIce of demal by deposItmg wntten notIce In the first-class US mall, postage prepaId, addressed to the applIcant, not later than three (3) calendar days followmg the deCISion to deny the penrut, except that m additIon to the wntten notIce of demal the ChIef of PolIce shall promptly attempt to orally notIfy applIcants who have filed applIcatIOns pursuant to SectIOns 5 12 080 A 1 or 5 12 080 A 2 of such demal, whIch notIficatIOn must contam 1 A statement of the facts upon whIch the demalIS 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 demal, and 3 A statement of the appeal procedure set forth In SectIOn 5 12 140 E Content Neutral Revzew In decIdmg whether to approve an applIcatIon for penmt, no conSIderatIon shall be gIven to the content of the speech or message of the parade 512100 ServIce Charges A In addItIon to the penrut applIcatIOn fee set forth m SectIon 5 12080 C, an applIcant shall pay the City for all Service Charges Incurred In connectIon With or due to the actIVitIes under the penrut If CIty property IS damaged or destroyed as a result of the parade, the penmttee shall reImburse the CIty for the actual reparr or replacement costs of the damaged or destroyed property B Followmg the receipt of a complete applIcatIon, the ChIef of PolIce shall determme, With recommendatIons from the DIrector of PublIc Works, the Drrector of Parks & Cornmuruty Services, and the Frre ChIef, as necessary, the estImated amount of ServIce Charges At least three (3) calendar days pnor to a parade, the applIcant shall pay to the CIty a cash depOSIt, or other adequate secunty as determIned by the City Manager or hIs or her deSIgnee, m an amount suffiCient to cover the total ServIce Charges that the PolIce ChIef estImates Will be mcurred m connectIOn WIth the permIt, except that an applIcant who mtends to engage m expressIve actIvity along a deSIgnated parade route, as set forth m SectIon 5 12080 A 2, shall pay the depOSit at least 24 hours pnor to the parade C City departments shall submIt the fInal mVOIces and bIllIngs for ServIce Charges to the CIty no later than twenty (20) calendar days after the penmtted parade If the depOSIt submItted pursuant to SectIOn 5 12 100 B IS less than the final ServIce Charges, the Page 8 of 11 13 ~ 17 permIttee shall pay the difference to the City WIthm ten (10) calendar days ofbemg mVOIced 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 mdlgent natural person who Intends to engage In ExpreSSive ActIVity and clarms an mabIlIty to pay Service Charges due to mdIgency may have such charges Waived upon applIcatIOn and venficatIon of IndIgent status ApphcatIOn for mdIgent status shall be made at the tIme ofpemut applIcatIOn and shall be accomparued by such relevant mformatlOn and documentatIOn as may, In the opmlOn of the CIty Manager or lus or her deSIgnee, be reasonably necessary to verIfy such status For purposes oftlns sectIon, an mdlgent natural person means a person ehgIble for relIef and support pursuant to CalIfOrnIa Welfare and InstItutwns Code g 17000 et seq E A government agency actIng WIthIn the scope of ItS functIons shall be exempt from the reqUirements of tlus sectIon 512110 IndemmficatIOn and Insurance A IndemmficatIOn Agreement Each applIcant shall execute a hold harmless agreement ill a form approved by the Crty Attorney agreeIng to defend, protect, Indemmfy and hold the City, ItS officers, employees, agents, and volunteers free and harmless from and agamst any and all claIms, damages, expenses, loss or lIabIlIty of any kmd or nature whatsoever ansmg out of, or resultIng from, the alleged acts or OIDlSSIons of penruttee, Its officers, agents or employees In connectIOn WIth the permItted parade B Insurance Pnor to the Issuance of a permit, the applIcant shall obtam general lIabilIty msurance from an Insurance company hcensed to do busmess In the state of CalIfOrnIa and haVIng a ratIng m Best's Insurance GUIde of at least "B .. Such Insurance shall be III a form approved by the City Manager or ills or her deSIgnee and shall be ill an amount of at least $1,000,000 combmed smgle lImIt If the applIcant Intends to use vehIcles III actIvItIes asSOCiated WIth the permIt, the applIcant shall obtaIn automobile lIabilIty msurance from an msurance company licensed to do busilless ill the state of Cahforma and haVing a ratIng m Best's Insurance GUlde of at least "B" In an amount of at least $1,000,000 per aCCident Proof of msurance shall be filed WIth the Chief of PolIce and such Insurance shall remaIn m full force and effect for the duratIOn of the penrutted 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 attnbutable to the applIcant's conduct of prevIous parades 10 the City that are Similar to the proposed parade 512120 PermIt-Use A permIttee shall comply WIth all permIt condItIons, and With all applIcable laws and ordmances The Parade Orgaruzer or other person headmg or leadmg the parade shall carry the parade permit Page 9 of 11 14 ~ I, upon hIS or her person dunng the conduct of the parade, and shall exlubIt the penrut upon the request of any City officIal 512 130 Penmt--RevocatlOn PermIts Issued under the provIsIQns ofth.ts chapter may be revoked by the Clnef of PolIce at any tIme based on any grounds of permit derual, as set forth In SectIOn 5 12 090 B 3 512 140 Appeal Procedure Any person exceptIng to the derual or revocatIon of a permit apphed for or held by hIm or her pursuant tlns chapter shall have the nght to appeal to the City Manager m accordance WIth SectIOn 1 04 050, except that applIcatIons filed pursuant to SectIons 5 12 080 A 1 or 5 12080 A 2 may be appealed rmmemately to the City Manager 5 12 150 PublIc Conduct A No person shall unreasonably hamper, obstruct, or Impede or mterfere With any parade or WIth any person, vehtcle, or antmal partlclpatmg or used m a parade B Except for emergency velncles, no dnver of a vehIcle shall dnve between the vehIcles, arumals or persons compnSIng a parade when such velucles, antmals or persons are conspicuously deSIgnated as a parade C The Clnef of PolIce shall have the authonty, when necessary for the safety and protectIon of parade partICipants and observers, to prohIbIt or restnct the parkIng of vehIcles along the street or part thereof constItutmg a part of the route of a parade The Chtef of PolIce or Drrector of PublIc Works shall post SignS to such effect and It shall be unlawful for any person to park or leave unattended any velncle In VIOlatIon thereof 512160 Violation-Penalty Any VIOlatIOn of the provISIons oftlns chapter shall constItute an mfractIon and may be purnshed as such m accordance With SectIon 1 04 030 SectIOn 3 SeverabilIty The prOViSions of thIs Ordmance are severable and If any prOVISIOn, clause, sentence, word or part thereof IS held Illegal, mvalId, unconstltutIonal, or mapplIcable to any person or crrcumstances, such IllegalIty, mvahdIty, unconstItutIonalIty, or mapplIcablhty shall not affect or Imparr any of the remamIng provlSlons, clauses, sentences, sectIOns, words or parts thereof of the ordInance or their applIcabIlIty to other persons or CIrcumstances SectIon 4 EffectIve Date ThIs Ordmance shall take effect and be enforced tlurty (30) days followmg ItS adoptIon Page 10 of 11 /5 ~ 11 SectIOn 5 PostIng The CIty Clerk of the City of Dubhn shall cause thIs Ordmance to be posted In at least three (3) pubhc places In the City ofDubhn m accordance WIth SectIon 36933 of the Government Code of the State of Call forma PASSED, APPROVED AND ADOJPTED thIs _ day of ,2008 AYES NOES ABSENT ABST AIN J arret Lockhart, Mayor ATTEST Carolyn Parkmson, Intenm CIty Clerk 859945 13 DOC 1141015 Page 11 of 11 /6 ~ /7 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IDUBLIN ESTABLISHING DESIGNATED PARADE ROUTES WHEREAS, the Dublm MUlllclpal Code Chapter 5 12 relatmg to parades and events proVIdes that the City CouncIl shall, by resolutIOn, establIsh a deSignated parade route or routes wIthIn the City, upon recommendatIOn of the CIty Manager, and WHElREAS, the CIty Manager recommends the deSignated parade route descnbed In the attached Exhtblt A NOW, THEREFORE, the CIty CounCIl of the City of Dublm does RESOLVE that the parade route descnbed m the attached ExlnbIt A shall be the deSIgnated parade route WIthIn the City of Dublm, as requITed by DublIn MurncIpal Code SectIOn 5 12 070 relatmg to parades and events PASSED, APPROVED, AND ADOPTED thIS _ day of follOWIng vote 2008, by the AYES NOES ABSENT ABSTAIN Janet Lockhart, Mayor ATTEST Intenm City Clerk 866858_4 DOC 1141015 Page 1 of 1 ATTACHMENT 3 C~ty of Dub~~n Designated Parade Route Exhibit A o I 500 . 1000 . Feet . EXHIIIUl' A