HomeMy WebLinkAboutOrd 06-08 Parades & Events Muni Cd
ORDINANCE NO. 06-08
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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REPEALING CHAPTER 5.12 OF THE DUBLIN MUNICIPAL CODE
RELATING TO PARADES AND ADDING CHAPTER 5.12
RELATING TO PARADES AND EVENTS
RECITALS
WHEREAS, the City of Dublin Municipal Code Chapter 5.12 provides for the regulation of
parades within the City of Dublin ("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 mindful of current jurisprudence regarding the regulation of
parades on streets, sidewalks, alleys and other public right of way and has determined that the designation
of parade routes will allow the Chief of Police to review applications for parades involving expressive
activity expeditiously; and
WHEREAS, because the City does not have management or administrative staff available during
weekends and holidays, the Chief of Police will be unable to act within 12 hours on an application for a
parade involving expressive activity that is received after noon on a Friday or a day before a legal holiday;
and
WHEREAS, the time periods 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, sidewalks, alleys, or other public ways, prevent dangerous and unlawful
uses of public property and regulate vehicular and pedestrian traffic; and
WHEREAS, this ordinance does not require a permit for a spontaneous event in public places
other than streets, sidewalks, alleys, or other public ways, thus allowing expressive activities to be
conducted in such places in a timely manner; and
WHEREAS, the City Council desires to repeal the existing regulations pertaining to parades and
replace such regulations to clarify the permit requirements.
NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows:
Section 1. Chapter 5.12 of the Dublin Municipal Code is hereby repealed.
Section 2. Chapter 5.12 of the Dublin Municipal Code is hereby added to read as follows:
Ord No. 06-08, Adopted 2/5/08, Item 4.7
Page 1 of 10
Chapter 5.12. PARADES AND EVENTS
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.
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.
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.
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;
Ord No. 06-08, Adopted 2/5/08, Item 4.7
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B. Parades sponsored by the City or hosted in conjunction with the City, including the St. Patrick's
Day Parade (and 5K run).
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.
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.
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.
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 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 are 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 are
included within the designated parade route as established pursuant to Section 5.12.070, the
application must be filed not less than 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 of 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;
Ord No. 06-08, Adopted 2/5/08, Item 4.7
Page 3 of 10
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.
5.12.090 Permit-Issuance.
A. Review by City Departments. Upon the filing of a 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.l within three (3) calendar days of receipt of a completed
application and shall approve, approve with conditions, or deny applications filed pursuant to
Section 5.15.080 .A.2 within 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.
Ord No. 06-08, Adopted 2/5/08, Item 4.7
Page 4 of 10
1. The Chief of Police or his or her designee shall approve any application for a permit if the
following criteria have been met:
1. The proposed parade will not substantially disrupt vehicular traffic, public
transportation, or pedestrian traffic within the City;
11. The proposed parade will not unreasonably interfere with access to police or fire
stations, or other public safety facilities;
111. 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 prior applicant or for which a parade exempt from
this chapter pursuant to section 5.12.040 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 in the parade;
V11. The application is complete and does not contain fraud, misrepresentation or false
statement;
V111. The applicant has not violated any provision of this chapter;
IX. The applicant's permit has not been previously revoked as provided in this chapter;
x. 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;
Xl. Neither the applicant nor the organization for which the application was submitted
has outstanding debts to the City;
X11. The parade will not violate any federal, state or local law or regulation; and
X111. 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
Section 5.12.090.B.l with reasonable time, place and mariner 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:
Ord No. 06-08, Adopted 2/5/08, Item 4.7
Page 5 of 10
1. 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;
11. Conditions designed to lessen interference with public safety and emergency
servIce access;
111. The number and type of vehicles, animals, or structures to be displayed or used in
the parade;
IV. 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;
v. The provision and use of traffic cones or barricades;
VI. The provision or operation of first aid stations and sanitary facilities, including
sanitary facilities accessible to individuals with disabilities;
V11. The provision of a waste management plan, and the clean up and restoration of the
parade site;
V111. 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;
IX. Noise restrictions;
x. The provision or use of emergency services;
Xl. The obtaining of all applicable business licenses or other necessary permits
required by this code for services or sales provided at the parade;
X11. 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:
1. One or more of the approval criteria set forth in Section 5.12.090.B.l is not or
cannot be met;
11. One or more of the conditions imposed on the permit pursuant to Section
5.12.090.B.2 is not or cannot be met;
111. 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.
Ord No. 06-08, Adopted 2/5/08, Item 4.7
Page 6 of 10
C. Notice of Permit Issuance. Immediately upon the issuance of a parade permit, the Police Chief
shall send a copy thereof to the following:
I. 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 Section 5.12.090.B.3, 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.l or 5.12.080.A.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.
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 & 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
Ord No. 06-08, Adopted 2/5/08, Item 4.7
Page 7 of 10
along a designated parade route, as set forth in Section 5.12.080.A.2, shall pay the deposit at least
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 Section 5.12.100.B 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 ~ 17000 et seq.
E. A government agency acting within the scope of its functions shall be exempt from the
requirements of this section.
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 $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 $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.
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 No. 06-08, Adopted 2/5/08, Item 4.7 Page 8 of 10
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.
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.l or 5.12.080.A.2 may be appealed immediately to
the City Manager.
5.12.150 Public Conduct.
A. No person shall unreasonably hamper, obstruct, or 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.
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.
Section 3. Severability. The provisions of this Ordinance are severable and if any provision,
clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any
person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect
or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the
ordinance or their applicability to other persons or circumstances.
Section 4. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days
following its adoption.
Section 5. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be
posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the
Government Code of the State of California.
Ord No. 06-08, Adopted 2/5/08, Item 4.7
Page 9 of 10
PASSED, APPROVED AND ADOPTED this 5th day of February, 2008, by the following vote:
AYES: Councilmembers Hildenbrand, Oravetz, Sbranti and Scholz, and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None
AT~ { f?-u--
Deputy City Clerk
Ord No. 06-08, Adopted 2/5/08, Item 4.7 Page 10 of 10