HomeMy WebLinkAboutItem 4.07 Parades & Events Routes
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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Chapter 5 12 be repealed and replaced WIth the proposed Ordmance relatmg to Parades and Events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