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HomeMy WebLinkAboutItem 6.6 Parades Events Muni Code C~lY CLERK FIle # D~[3J~}[:2]!m AGIENDA STATIEMIENT cnrv COUNC~l MlElEr~NG DATIE JalU1uary ~5, 2008 SUBJJECl' A l''f ACHMENTS RECOMMENDA'HON 1 ~~ 4 5 FINANCIAL 81' A l'EMENl' None ][) E8CRllJPTI ON Pubhc Heanng Repealtng and Re-enactmg Dublin MUnIcIpal Code Chapter 5 12, RelatlOg to Parades and Events and Adoptmg ResolutIOn EstablIshmg DesIgnated Parade Routes Report Prepared by Elzzabeth H Sliver Cay Attorney, Diane Lowart Parks & Commumty Services Director and Amy Cunmngham SenIOr AdmImstratlve Analyst I 2 Dublin MUnICIpal Code Chapter 5 12 Draft OrdInance RepealIng Chapter 5 12 ofthe Dublin MUnICIpal Code RelatIng to Parades and Adding Chapter 5 12 Relating to Parades and Events Proposed Resolution Establishmg Designated Parade Routes within the City with map attached as ExhibIt A 3 Receive Staff presentatIon, Open publIc heanng, Receive publIc testimony, Close public heanng and deliberate, and Waive reading and INTRODUCE the Ordinance Repealmg Chapter 5 12 ofthe Dubhn MUnICIpal Code Relating to Parades and Addmg Chapter 5 12 Re1atmg to Parades dnd Events (Attachment 2) and Adopt the Resolution Estabhshmg Parade Routes (Attachment 3) At ItS March 22,2006 Goals and ObJectlves meetmg, the CIty CouncIl revIewed and approvcd wIth high pnonty the proposed comprehensive update to ccrtam chapters of the Dublin MUnICIpal Code (DMC) One chapter proposed for revIew IS DMC Chapter 5 12 (Attachment 1 ), whIch establishes regulatIOns relatmg to parades wlthm the CIty of Dublin (the HCIty") Chapter 5 12 was carned forth from the Alameda County Code upon the CIty'S mcorporatIon, and has not been amended SInce that time Due to several developments III the law relatIng to the regulatIOn of parades, Staff proposes that the current Chapter 5 12 be repealed and replaced with the proposed Ordmance reldtmg to Parades and Events (Attachment 2) COpy 'fO Fl11al SlfRpt Parades Ord ] 14 1015 Page 1 of7 b.te, Hl'EM NO 0- Scope of the Proposed Ordmance The proposed Ordmance regulates parades occumng on, upon, or along any street, sIdewalk, alley or other public way, Just as the current ordmance does However, the proposed Ordmance clanfies the definItion of "parade" to mean any parade, march, demonstratIOn, assembly, ceremony, show, reView, exhIbition, pageant, motorcade, athlettc event or processIOn of any kmd, or any simIlar dIsplay, whIch IS to assemble or travel m UnIson on, upon, or along any portIOn of any publIc street, sIdewalk, alley or other publtc way and WhICh 1) does not comply wIth the normal and usual traffic regulatIOns or controls, or 2) IS lIkely to Impede, obstruct, Imp au or mterfere With the free use of such pubhc street, sidewalk, alley, or othcr pubhc way Thus, parades mclude a wIde vanety of events that occur wIthin any street, sidewalk, alley or other publIc way For example, the proposed Ordmance applIes to athlettc events, such as lOK races, marathon races and bicycle races In additIOn, the proposed Ordmance applies to marches and parades that mvolve "expressive actiVIty," - parades that Involve the commUnIcatIOn of OpinIOnS, VIews or Ideas -- which are protected by the First Amendment's guarantees of freedom of speech and assembly (Long Beach Lesbwn and Gay Pnde, Inc v Cztyof Long Beach (1993) 14 Cal App 41h 213, 324 (Long Beach)) Due to the constttutIonal concerns ImplIcated m the regulatIon of parades, the proposed Ordmance treats differently those parades InvolvIng expreSSIve acttvlty and those parades that do not mvolve expressIvc acttvlty Whlle the same apphcatton reqUirements and procedures are generally applicable to both types of parades, the followmg table proVIdes a companson of those proposed permlttmg regulations that treat non-expressIve actIvity parades and expressIve acttvlty parades differently Thesc differences are dIscussed III greater detail throughout the staff report Please see page 5 of this staffreport for a dISCUSSion of the effect of the proposed Ordmance on the City's eomffion and recumng paradcs 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 wlshmg to conduct expressive acttvIty parades III a ttmely manner and the CIty'S mterest III ensunng It has the services necessary to protect the publIc and parade partiCIpants Permlttmg Parades Not Involvmg Parades Involvmg ExpreSSive Activity Reeulahons ExpreSSive ActiVIty Tmllng of pemnt Apphcant musl apply not less Ihan 30 0 If apphcant does not choose Cily-dcslgnated parade apphcatlOn calendar days nor more than I year route, applicant musl apply not less than 5 calendar before parade days before parade 0 If app Itc ant chooses City deSignated parade route, apphcant must apply not less Ihan 48 hours before parade ActIOn on perrrut ChIef of Pohce must approve approve 0 Ifapphcant does not choose CIty-desIgnated parade apphcatlOn with condlhons, or deny apphcatlOn route, ChIef of Police must approve approve wIth wlthm 10 days of recelvmg complete condItIons, or deny applicatIon wlthm 3 days of appltcatton recelvmg complete apphcatiOn 0 Ifapphcanl chooses Clty deSignated parade route, Chief of PolIce must approve, approve wIth condItIOns or deny appltca!ton wl!hm 12 hours of rccclvmg complete apphcatlOll (longer !tme perIods are provlded If the apphcatlOll IS received after lloon on a FrIday or the day before a hohday) Page 2 of7 ServIce charges Apphcant must pay service charges for Applicant must pay service charges except for pohce the actual cost the Oty lllCurS 10 protectlOo cosls 10 protect parade participants and connectIOn With the pemut observers Indigent persons that cannot PdY the service charges may apply for a W31ver of the service charges Government a.genCles exempt Insurance reqUIrements Apphcaots must obtam public hablhty Applicants need nol proVide Insurance, unless there IS a and property damage msurance 10 the speCific demonstrable hIstory of personal illJllry or amount of $1 000 000 combmed smgle property damage clamlS agamst the applicant liITlll Application Procedure The current ordmance reqUires that an apphcatIOn for a parade permit contam several Items of mformatIOn, IncludIng contact mformatlon for the appltcant and orgalllzatlOn, If apphcable, date and time for the parade, estlmated numbers of persons, vehicles, anImals and structures m the parade, the location of assemb 1 y 0 f the parade, and other In formatl on The proposed Ordmance carnes forth thIS reqUIred mformatlOn, and addItionally reqUIres mformatIOn such as locatIOn of dIsassembly ofthe parade and parkmg reqUIrements for parade partiCIpants In addItIOn, the proposed Ordmance carnes forth the applicatIOn fee requlfement of the current ordmance, whIch IS currently set at $90 per appbcatIOn, pursuant to the Master Fee Schedule effective July 1, 2006, and whIch WIll remam the same for fiscal year 2007/2008 The current ordInance requlfes an appltcatlon 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 Involve expressive actiVIty, but reduces the advance notice reqUired for parades mvolvIng expressive activity The advance notIce requlfement for parades mvolvmg expressIve activity vanes dependmg on the amount of time necessary for the CIty to prepare for the parade The proposed Ordmance reqUires the CIty CouncIl to deSignate certaIn parade routes In 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 appltcant need only gIve 48 hours advance notice to the CIty The 48-hour advance notice comphes WIth the standard upheld by the Nmth CIrCUIt (Santa Momca Food Not Bombs v City of Santa Momca (2006) 450 F 3d 1022, 1045 (Santa MOnica) ) Alternatively, If the applicant chooses not to use the deSIgnated parade route, the applicant 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-deSIgnated parade route However, such a reqUirement would appear to comport wIth the Nmth CircUit's reasonIng 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 apphes to actiVIty occumng m pubhc streets, SIdewalks, alleys or other publIc ways, and does not apply to publIc spaces such as City parks and the City Hall entrance In addition, the City does not Impose any permIttmg 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, III the City's parks and pubhc spaces, so long as such spontaneous activity does not occur In the streets, SIdewalks, alleys or other public ways In other words, the proposed Ordinance docs not foreclose opportumtIes for persons to engage III expreSSIve actiVIty through spontaneous events, such as a spontaneous labor protest or protest of some publIc event Page 3 of? ActIOn on Permit ApphcatlOn The current ordmance reqUIres permIt Issuance upon a findmg that the parade Will not adversely affect the publIc health, safety or welfare, gIVIng broad dIscretton to the declSlon-maker, but does not set forth the basIs for dellJal of d permit and does not establish a deadlme for actIOn on the permIt applIcatIOn Conversely, the proposed Ordmance provIdes that the ChIef of PolIce shall approve, approve WIth condlttons or deny an apphcatlOn for a parade permIt wlthm 10 days of receIvmg a completed apphcatton, except that applicattons for parades mvolvmg expressIve activIty must be approved, approved wIth conditIOns, or denIed wlthm three days of reCeIVIng a completed apphcatIOn, or wlthm 12 hours lfthe designated parade route IS used unless the appltcatIOn IS receIved after noon on a Fnday or a day before a legal holIday, In whIch case the Chief of Police must act by one o'clock pm on the followmg busmess day Because the CIty does not have management or admmIstrattve staff aVaIlable dunng weekends and holidays, the ChIef of PolIce may be unable to act wIthIn 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 Chief 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 facIlttate speedy review and actton on an applicatIOn First Amendment junsprudence lImits the dIscretIOn that a government offiCial may have over hcensmg parades Thus, the proposed Ordmance provIdes that the ChIef must approve the apphcatIOn If It meets the several cntena enumerated In Sectton 5 12090 B 1, whIch Includes a reqUirement that the proposed parade WIll not substanttally disrupt vehIcular traffic, pubhc transportatton or pedestnan traffic, not , unreasonably mterfere WIth access to police or fire statIons or other pubhc safety facIlittes, and WIll have avaIlable suffiCIent on-street and/or off-street parkIng to accommodate participants It IS Important to note that the proposed OrdInance provIdes that, m evaluatIng the applIcatIOn, no consideration shall be given to the content ofthe speech or message of the parade In addItIOn, the proposed Ordmance provides the Chief ofPohce an option to approve a permIt WIth the conditions enumerated m Section 5 12090 B 2, whIch mclude the accommodatton of the parade's pedestnan and vehIcular traffic, mc1udmg the restnctIon of parade partIeIpants to City Sidewalks, or portIOns of City streets or other publIc ways Fmally, the proposed Ordmance provIdes that the ChIef must deny any appltcatton that does not meet the approval cntena or any condIttons Imposed on the permIt, or If the applicant has not paId any apphcable fees under the OrdInance Ordinance Imposes ServIce Charges In addItIon to the parade permIt applIcatIon fee, the proposed Ordmance Imposes service charges on the appltcant, which represent the actual cost the CIty Incurs In connection WIth the actIvIttes for whIch the permIt IS reqUired, mc1udmg, but not lImited to, costs assocIated With fire safety, traffic and pedestnan control, street closures, admlnIstratton and coordmatlOn of City services, and admInIstrative and overhead expenses The current ordmance does not reqUIre the payment of such costs Upon receIpt of a complete applIcatIOn, the servIce charges WIll be esttmated by the Chief ofPohce, the Director of PublIc Works, the Duector of Parks & CommunIty ServIces, and the Fire ChIef The applicant must pay, In advance ofthe parade, a cash depOSit or other adequate secunty to cover the total estImated servICe charges Although a CIty can Impose servIce charges, It cannot charge for the cost ofpohce protectIOn of those engaged In or observIng a parade that Involves expreSSIve acttvIty (see Long Beach Lesbwn supra 14 Cal App 4th at p 335), so the defimtIOn of "Service Charges" excludes those costs Page 4 of7 In addition, an mdlgent person who mtends to engage 10 expressive actiVIty and cannot pay the servIce charges may apply for a WaIver upon venficatlon ofmdlgent StdtUS, as set forth m the Ordmance Government agencIes are also exempt from the service charge reqUirement The proposed OrdInance 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 fndemOlficatlOn and Insurance ReqUirements The Nmth CIrCUIt upheld Santa MOllIca's IndemnIficatIOn proVIsIon III Its CommUnIty Events Ordmance, despite the fact that the provIsIOn appltes to those engaged m expressIve actIVity (Santa MOnica. supra 450 F 3d at p 1056) Thus, the proposed OrdInance reqUIres an apphcant to execute a hold harmless agreement In a form approved by the CIty Attorney to protect the CIty from claims ansmg out of the permItted parade Conversely, the Court of Appeal struck down Long Beach's msurance reqUIrement because It applIed to expressive activity (Long Beach Lesbwn supra 14 Cal App 4th at p 342) Thus, the proposed Ordmance reqUIres the appltcant to obtam publtc habIlIty and property damage Insurance m an amount of at least $1,000,000 combmed smgle lImIt, except that appltcants who mtend to engage In expreSSIve actiVIty need not proVIde such msurance, unless there IS a specific demonstrable hIStOry of personal mJury or property damage claIms bemg awarded agalllst the applicant attnbutable to the applIcant's conduct of prevIous parades In the CIty that are SImilar to the proposed parade The current ordInance does not address IndemmficatIon or Insurance reqUIrements Conduct of Parade The proposed Ordmance carnes forth the current ordInance'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 OrdInance on the CIty'S Common and Recumng Parades Dublin PolIce ServIces receIves about 10 applIcations for parade permIts each year The CIty rarely receives applicatIOns for parade permIts to engage In expressIve activity Based on a reVIew ofDubhn Police records, It appears that the most recent applIcant for a parade permit to engage III expressIve actl VI ty was submitted on behal f 0 f March fOf Jesus In 1995 and 2 000 To the extent that a parade permIt applIcant Intends to engage III expreSSIve actiVIty, the permIttmg regulatIOns applIcable to expressIve activIty parades as descnbed III thIs staffreport shall apply Parade permIt applIcatIOns for non-expressIve actiVIty are much morc common For example, the CIty has III the past receIved apphcatIOns for several athletIC events, such as the Top Hat ClassIc bIcycle event on behalf of the Multiple SclerosIs SOCIety, the Cmderella ClaSSIC bicycle event on behalf of the Valley Spokesmen BIcycle Tounng Club, the fundraIsmg walk on behalfofDublm Umted Soccer, and a 10K run sponsored by the Deputy Shenff's AssociatIOn called the Jml Break Run Parade applIcants would be responsible for the servIce charges Incurred by the CIty III 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 of 200 persons usmg the City deSignated pafade routc would be about $6,000 to Page 5 of? $9,000 A parade of this scope and partlclpatJOo would reqUire the closure of CIty streets, mstallatlOn of temporary bamcades, and Staff time (pnmanly MCE and Police) to prepare the route and prOVIde traffic control servIces dunng the event, The recumng parades, as they have been conducted hIstoncalIy, have reqUired little to no CIty services, typIcally, the recuITlng parades have not requued such thmgs as road closures, traffic control aSSistance or clean-up services If these events are conducted m the same manner In 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 ofDubhn Umfied School DIstnct would be exempt from the payment of servIce charges (I e Dublm High School Homecommg Parade, Wells MIddle School Tour de SPCA (marchmg band)) In addition, parades hosted by the City or III conjUnctIon WIth the City are exempt from the proposed Ordmance Thus, the St Pdtnck's Day parade IS exempt from the proposed Ordmance, as the Lion's Club hosts the parade In conjUnctlOn WIth the CIty Fmally, weddmg and funeral proceSSIons are exempt from the current and proposed Ordinance III the mterest of pubhc pohcy Appltcants would also be responsible for provIdmg msurance and mdemmficatIon m compliance With the proposed Ordmanee, whIch would amount to about $200 to $250 for a Similar parade Most applicants prOVide proof of msurance when they apply already as Illsurance IS reqUIred by many other cItIes ResolutIOn DcsmnatlOg Paradc Routes Within the City As discussed above, the proposed Ordmance prOVIdes that the City CouncIl shall establish a deSignated parade route wlthm the City, upon r_ecommendatIon of the City Manager DeSignatIon of parade routes enables the City to antIcipate applicatIOns for parades along these routes, and be prepared for deployment of servIces and estimation of costs mcurred III dehvenng such servIces Although no court has reVIewed the constltutlonaltty of deSIgnated parade routes, the establIshment of such a route would seem to comport WIth the Nmth CIrcUIt's reasonIng that cItIes need ttme to coordmate vanous demands on pubhc nghts-of- way, and several CalIfornia CIties have successfully adopted such deSignated parade routes (Santa MOnica supra 450 F 3d at p 1045) The proposed resolutIon deslgnatmg a parade route reflects the recommendatIOn of the CIty Manager (Attachment 3) The resolution would estabhsh 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 dddItlonal deSIgnated parade routes for proposal to the City Council However, the establIshment of deSIgnated parade routes does not preclude apphcants 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 prohlbltlOn of parade locatIon would most hkely VIolate the reqUirement that parade regulatIOns be narrowly-tailored to serve the CIty's sIgnIficant governmental mterest III preservmg the pubhc health, safety and welfare (Santa MOnica supra 450 F 3d at pp 1037-38) In the event that the CIty CouncIl mtroduces the proposed parades ordmance, Staffwtll return to CouncIl WIth the proposed resolutIOn establIshmg the deSIgnated parade route (Attachment 3) so that It can be adopted when the ordmance IS adopted and WIll take effect on the same day Page 60f7 RECOMMENDA TION Staffrecommends that the City CouncIl 1) Receive Staff presentatIOn, 2) Open publIc heanng, 3) ReceIve public testimony, 4) Close public heanng and dehberate, and 5) Waive readmg and INTRODUCE the Ordmance Repealmg Chapter 5 12 of the Dublm MUnICIpal Code Relatmg to Parades and Addmg Chapter 5 12 Relatmg to Parades and Events (Attachment 2) 866643 v 12 Page 7 of7 SectIOns 5 12 OIlO 5 12 020 5 12 030 5 120410 5 12 050 5 12 060 5 12 070 5 12 080 512090 5 12 100 Chapter 5 12 PARADES PermIt-Required DefimtlOns PermIt-ApphcatJOn procedure Permit-ConditIOns for Issuance Permit -Contents Notice to county officIals and other officials Appeal-Form or permit Duties or permittee Public conduct durmg parades Permit-RevocatIOn 5 12010 Permit required No person shall engage or particIpate In aId, form, or start any parade In the county unless a parade permIt shall have been obtaIned from the Shenff A To the extent allowed bv law per- mIt fees therefor shall be charged by the Shenff m the amo unt established bv reso- lutIon of the Board of SupervIsors upon recommendation of the Shenff B ExceptIons This chapter shaU not apply to 1 WeddIng or funeral proceSSIOns 2 Students gOIng to and from school classes or partlclpatlllg In authonzed educatIonal actiVIties, provldIng such conduct IS under the Immediate direc- tion and supervisIon of the proper school authonttes 3 A governmental agencv actIng WIthIn the scope of lts functions I~ 17 5 12 010 4 Anv vehIcular processlOn con- ducted Wlthm five (5) days of an electIOn, whIch processIOn IS In support of or III oppOSItIon to any candIdate or ballot measure to be voted on at SaId electIOn (Ord 13 9 1 (part), 1982 \1 5-16 1, Alameda County Code) 5 12 020 Defimtlons County' means the umncorporated area of the county of Alameda, state of Cahforma 'Parade" means any parade march, ceremony show, exhIbit, pageant, or processIon of any kmd or any SImIlar dIsplay, consIsting of more than ten (10) vehicles or more than twenty (20) per- sons proceedIng on foot or othervllse, In or upon any street hIghway, road thor- oughfare, or alley of the county Parade permIt" means a permit reqUIred bv this chapter 'Person ' means any person firm, partnership, aSSOCIation, corporatIon, company, or organIzation of any kmd Shenff' means the Shenff of the county of Alameda, state of CalIfornIa (Ord 13 9 1 (part), 1982 \1 5-16 0, Alameda County Code) 5 12030 Permlt-<\pphcatlon procedure A person seekmg Issuance of a parade permIt shall file an applIcation WIth the ShentT A. Filmg Penod An apphcatIon for a parade permIt shall be filed Wlth the Sher- lff no less than twenty (20) days nor more than thIrty (30) days before the date on whIch It IS proposed to conduct the parade 131 Jtuy\1F6" (, i/ ~I V~ 'i7 ATTACHMENT 1 5 12 030 B Content of ApplicatIOn The applIcatton for a parade permIt shall set forth the followmg mformatIOn 1 The name, address and telephone number of the person or persons seekmg to conduct such parade, 2 If the parade IS proposed to be con- ducted, on behalf of, or bv an orgamza- tIon, the name, address and telephone number of the headquarters of the orga. nIZatIOn, and of the authonzed and responsIble heads of such orgamzatlOn 3 The name, address and telephone n umber 0 f the perso n 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- Ing pOint and the termmatIon pomt, 6 The approXImate number of per- sons who, and anImals and vehicles WhICh, wIll constttute such parade, the type of ammals and descnptlons of the vehIcles, 7 The hours when such parade shall start and termmate, 8 A statement as to whether the parade wIll occu py all or 0 nl v 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 assemblv areas for such parade, 10 The ttme at which umts of the parade will begm to assemble at any such assembly area or areas, II The mterval of space to be mam- tamed between umts of such parade, 12 If the parade IS deSIgnated to be held bv, or on behal f of, an v perso n other ;; i JI than the applIcant, the applIcant for such permIt shall me WIth the Shenff a com- mumcatIOn m wntmg from the person proposmg to hold the parade, authonz~ mg the applIcant to apply for the permIt on hIS behalf, 13 Any additIOnal Illformatton WhICh the Shenff shall find reasonably necessary to a fatr determmatIOn of the regulatIOn and conduct of such parade C Late ApplicatIons The Shenff, where good cause IS shown therefor, shall have the authoflty to consIder any applicatIOn hereunder whIch IS filed less than twenty (20) days before the date such parade IS proposed to be conducted (Ord 13 9 I (part), 1982 9 5-16 2, Alameda County Code) 5 12 040 Permit-Conditions for Issuance A Upon receIpt of an application for a parade permit the Shenff shall forward a copy of the appltcatIOn to the Director of PublIc Works, the County Director of Health Care ServIces, the Fire ChIefs of the affected areas, the CIVil Defense Office, and any countv department or any other pubhc agency which may be affected by the operatIOn and conduct of such parade The ShenfT shall request comments from said departments relat- Ing to the operatIOn and conduct of the pubhc busmess and welfare requestmg the opImon of saId department heads of the effect, If any of the conduct of such parade upon traffic control, emergency vehIcle movement mc1udmg but not lim- Ited to ambulances and the like, the movement of fire fightmg eqUipment en route to a fire and such other matters as 132 are or may hereinafter be subject to the con trol and dIrection of such department heads B Wntten replIes shall be submItted to the Shenff from the departments Illvolved wlthm ten (10) days before actIOn IS reqmred to be taken on such permIt and consIdered m relatIOn to the matter set forth m the applIcatIOn, and m relation to the standards contamed m SectIOn 5 12050 If the wntten replies or mformatIOn the Shenff receIves as the result of his own investIgatiOn of the per- mit mdlcate that the operations of the departments mvolved or the public health, welfare or safety will not be adversely affected by the conduct and operatIon of the proposed parade, the Shenff shall Issue the parade permIt as applied for If any of the wntten replIes mcludmg any mformatlon the Shenff ma v recel ve as the resul t 0 f his own In ves- tIgatIon of the permit indicate that the pubhc safety, health and welfare may be matenally hampered by the conduct and operatIOn of the proposed parade the ShenfT shall Issue a parade permit alter- mg any of the appropnate Items set forth m SectIOn 5 12 030 B so as to Insure that the pubhc safety, health and welfare will not beJeopardIzed by the conduct ofsuch parade (Ord 13 S 1 (part), 1982 !? 5-163, Alameda County Code) 5 12 050 Permit-Contents Each parade permit shall state the fol- 10Wlng informatIOn A.. Date starting and termmatlOn time B Mllllmum speed C MaXImum speed, r 3 ~ 17 5 12 040 D MaxImum mterval of space to be mamtamed between the umts of the parade, E The pomons of streets, roads, hIgh- 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 mformatlon or condI- tIOns as the ShenfT shall find necessary to the enforcement of the terms and condi- tIOns of the permit (Ord 13!? [ (part), 1982 !? 5-166, Alameda County Code) 5 12060 NotIce to county offiCials and other officla.ls Immediately upon the Issuance of a parade permit the Shenff shall send a copy thereof to the fOllowmg A The ChaIrman of the Board of Supervisors, B The Dlstnct Attorney, C The FIre Chiefs of the affected areas D The Dtrector of the Department of PublIc Works, E The DIrector ofClvtl Defense, F Any other county offiCIal or depart- ment head who has replied to the shenfT as heremabove set forth (Ord 13!? 1 (part), 1982 ~ 5-165 Alameda County Code) 512070 Appeal-Form of permit The applIcant or any aggneved person mcludmg 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 wnhlll 133 5 12 070 three (3) days after Issuance by the Shenff and shall be presented to the Board for determmatIOn The Board may hear addItlOnal eVIdence and may sustam or modIfy the decIsIon of the Shenff conSIS- tent WIth the standards set forth m Sec- tIon 5 12 050 and the matter con tamed In the apphcatlOn The decIsIOn of the Board shall be final (Ord 13 S I (part), 1982 S 5-164, Alameda County Code) 5 12 080 Duties of permittee A penmttee 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 act! vtty shall carry the parade permit upon hiS person dunng the conduct of the parade (Ord 13 S I (part), 1982 S 5-16 7 Alameda County Code) 5 12 090 Public conduct dunng parades A Interference No person shall unreasonably hamper obstruct or Impede or Illterfere wIth any parade or 41)7 parade assembly or wIth any person, vehIcle or ammal partICIpating or used In a parade B Dnvmg Through Parades Except for emergencv vehIcles, no dnver of a vehIcle, bus or trackless trolley shall dn ve between the vehIcles, ammals or persons compnsmg a parade when such vehIcles, ammals or persons are III motIOn and are consplcuouslv deSignated as a parade C ParkIng on Parade Route The Shenff shall have the authonty, when reasonably necessary, to prohIblt or restnct the parkmg of vehIcles along a street highway, road, thoroughfare or allev, or part thereof consu tu U ng a part of the route of the parade The Department of PublIc Works shall post signs to such effect as directed by the Shenff and It shall be unlawful for any person to park or leave unattended any vehIcle III VIO- lation thereof (Ord l3 9 I (part) 1982 9 5-168 Alameda County Code) 5 12 100 PermIt-RevocatIOn The Shenff shall have the authonty to revoke the permIt Issued hereunderwhen any of the operatIOns or conduct of such parade VIOlate any of the condItIons lIsted III the contents of the permIt (Ord 13 9 I (part) 1982 S 5-169, Alameda County Code) 134 5~ 17 ORDINANCE NO - OS' AN ORlmNANCE OF THE CITY OF DUBlLIN REPEALING CHAPTER 512 Of THE DUBlLIN MUNICIJP AlL CODE RELA T[NG TO PARADES AND ADDING CHAPTER 512 RElLAT[NG TO PARADES AND EVENTS RECITALS WHEREAS, the City of Dubhn 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 Counctlls mllldful of current Junspmdence regardlllg the regulatton of parades on streets, sIdewalks, alleys and other publIc nght of way and has determmed that the deslgnatIOn of parade routes wIll allow the ChIef of Poltce to review applIcattons for parades Illvolvmg expreSSIve actIvity expedlttously, and WHEREAS, because the CIty does not have management or admmIstrattve staff avatlable dunng weekends and hohdays, the ChIef of PolIce wIll be unable to act wlthm 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, and WHEREAS, the ttme penods to apply for an expreSSIve acttvIty 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 pubhc ways, prevent dangerous and unlawful uses of publtc property and regulate vehIcular and pedestnan traffic, and WHEREAS, thIS ordmance does not reqUIre a permIt for a spontaneous event m public places other than streets, sidewalks, alleys, or other pubhc ways, thus allowmg expreSSlve actIvIttes to be conducted m such places m a tImely manner, and WHEREAS, the City CouncIl deSIres to repeal the eXIstIng regulatIons pertammg to parades and replace such regulations to c1anfy the permit reqUIrements NOW, THEREFORE, the CIty CouncIl of the CIty of Dublin does hereby ordam as follows Section 1 Chapter 5 12 of the DublIn MUlllclpal Code IS hereby repealed SectIOn 2 Chapter 5 12 of the Dublm MUnICIpal Code IS hereby added to read as follows Page 1 of 11 ATTACHMENT 2 0cr;f}7 Chapter 512 PARADES AND EVENTS 5 12 010 Purpose The purpose of this chapter IS to rcgulate parddes occumng 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 multtple uses of such property 5 12 020 DefillltlODs For the purposes ofthls chapter, the words set out m thIS sectton shall have the followmg meanmgs A "ExpressIve ACtIVIty" means conduct, the sole or pnncIpal object of whIch IS the expression, dIssemmatIOn, or commUnIcatton of opmlOn, Views, or Ideas by verbal, vIsual, hterary, 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, demonstratton, assembly, ceremony, show, reVIew, exhIbitIOn, pageant, motorcade, athletIc event or proceSSIOn of any kmd, or any SImIlar display, which IS to assemble or travel 10 umson on, upon, or along any portion of any public street, Sidewalk, alley or other pubhc way and WhICh 1) does not comply With the normal and usual traffic regulations or controls, or 2) IS hkely to Impede, obstruct, Impair or mterfere WIth the free use of such public street, SIdewalk, alley, or other pubhc way D "Service Charges" means the actual costs that the CIty Incurs m connectIOn With actIVIties for whIch a permit IS reqUITed pursuant to thIs chapter, mcludmg, but not lImited to, costs assocldted WIth fire safety, traffic and pedestnan control, the closure of any street, SIdewalk, alley or other pubhc way, the dIvertmg of traffic, admmlstratlOn or coordlllatlon of City services, the proVISIOn of support personnel, eqUIpment, matenals and supphes, and admmIstrattve and overhead expenses Service Charges shaH not Illclude costs Illcurred by the City to proVide Pohce protectIOn to those engaged m or observmg ExpreSSive ACttVIty E "Street, Sidewalk, Alley, or Other Pubhc Way" means and mcludes all streets, highways, avenues, lanes, SIdewalks, alleys, and other publIc ways III the City open to public use for purposes of vehicular or pedestnan travel 512030 JPermIt ReqUIred Page 2 of 11 7 rr:!]7 It IS unlawful for any person to conduct or cause to be conducted, serve as a Parade OrganIzer, or knowmgly parhclpate or engage m a parade unless a wntten permIt for such parade has been Issued and apphcable fees have been paId pursuant to this chapter 512040 PermIt-Exceptions The followmg achVIhes are exempt from the permIt reqUirement set forth m Section 5 12030 A Weddmg and funeral processIOns, B Parades sponsored by the CIty or hosted m conjUnctIOn wIth the CIty, mcludmg the St Patnck'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 obtam a permIt from the ChIef of Police 512 070 DeSignated parade routes To Implement the provIsIOns of thIS chapter, the CIty CounCIl shall, by resoluhon, estabhsh a deSignated parade route or routes wIthm the CIty, upon recornrnendahon of the CIty Manager 5 12 080 Permit-Application A Place and Time for Fl/mg Apphcahons shall be filed wIth the Police Chief at the Dublm Police Department The apphcatlOn 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 ofthe parade, except that applicatIOns for a parade permit mvolvmg ExpressIve ActIVIty shall be filed as follows If the parade Involves use of any street, SIdewalk, alley, or other pubhc way that are not mcluded wlthm the desIgnated parade route as estabhshed pursuant to Sechon 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 wIthm the deSIgnated parade route as establIshed pursuant to Sechon 5 12070, the applIcatIOn must be filed not less than 48 hours pnor to the parade Page 3 of I ] g co;y I '7 B Form and Contents ApplIcants for permits under this chapter must file a sworn applicatIOn III wntmg on a form to be furnished by the ChIef ofPohce, which shall set forth the followmg mformatIon 1 The name, home and busmess addresscs and home, business, and mobIle telephone numbers, If available, of the applIcant, 2 The name, home and busmess addresses and home, busmess, and mobIle telephone numbers, If available, of the Parade OrganIzer, 3 Ifthe 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, busmess addresses, and business and mobIle telephone numbers of the president or other head of the orgamzatlon, and documentatIOn of the authonty under whIch the appltcant IS applymg for the permIt on behalf of the orgamzatlon, 4 The proposed date when the parade IS to be conducted, 5 The startmg and endmg ttme of the parade, 6 A wntten descnptIOn ofthe route to be traveled, along WIth a map of the route, mcludmg the startmg pOint and the termmatlon pomt, 7 The locatton at WhICh the parade WIll assemble and the location at whIch the parade Will dl sassem b Ie, and, If such area( s) I nvo lve the use of pn vate property, eVidence of wntten permissIon ofthe 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 ttme at whIch the parade WIll disassemble, 9 The esttmated number of persons who WIll participate m the parade, laThe type and estImated number of vehIcles, ammals or structures that WIll be used In the parade, 11 A statcment 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 mterval of space to be mamtaIned between UnIts of such parade, 14 The parkIng requIrements for the parade partIcIpants, 15 Any addlttonal mformatIOn that the ChIef ofPoltce shall find reasonably necessary to make a faIr determInatIOn of the regulatIOn and conduct of such parade Page 4 of 11 q ~/7 C ApplIcatIOn Fee All apphcatlons shall be submItted WIth payment of a nonrefundable fee pursuant to resolution of the City CounCil 512090 Permlt-hsuance A ReVieW by City Departments Upon the filmg of a complete application for a parade penmt, the ChIef ofPoltce, or hIS or her deSignee, shall ImmedIately forward the applicatIOn to the DIrector of PublIc Works, the Duector of Parks and Commumty 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 ofPoltce shall approve, approve With condl tIOns, or den y an app hcatIon for a parade p ermI t WI thm ten (10) calendar days of receipt of a completed application, except that the ChIef shall approve, approve With conditIOns, or deny apphcatlOns 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 apphcatIons filed pursuant to Section 5 15080 A 2 wIthm 12 hours of receipt of a completed applicatIOn unless the apphcatlOn IS receIved after noon on a Fnday or legal hohday, m which case the ChIef ofPohce shall act by one o'clock on the followmg busmess day 1 The ChIef ofFohce or hIS or her deSIgnee shall approve any applicatIon for a permIt If the followmg cntena have been met The proposed parade Will not substantially disrupt vehicular traffic, publtc transportatIOn, or pedestflan traffic wIthm the CIty, H The proposed parade WIll not unreasonably mterfere WIth access to pohce or fire stations, or other publIc safety facilities, III The proposed parade would not present unreasonable danger to the health, safety or welfare ofthe applIcant, spectators, CIty employees, or members of the pubhc, 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 apphcant 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 parkmg to accommodate parade partiCipants, VI The proposed area for the assembly or route o[the parade Will phYSIcally accommodate the number of partICIpants expected to participate m the parade, Page 5 of 1 ] Iv c;f ) 1 Vll The application IS complete and does not contalll fraud, misrepresentation or false statement, Vlll The applicant has not vIOlated any provIsIon OfthlS chapter, IX The applicant's permIt has not been previously revoked as provIded m thIS chapter, X The applIcant has complied with aU apphcable licensure reqUIrements, ordmances, or regulattons of the City concemlllg the sale, offenng for sale, or dIstnbutton of any food or beverage, goods, or serVIces, Xl NeIther the applIcant nor the orgamzatton for which the applIcatIOn was submItted has outstandmg debts to the City, XII The parade wIll not vIOlate any federal, state or local law or regulatIOn, and XIll The applIcant IS legally competent to contract or to sue dOd be sued 2 The ChIef ofPohce or his or her desIgnee may condition any permit approved pursuant to SectIOn 5 12090 B 1 wIth reasonable tIme, place and manner regulattons to protect the public health, safety and welfare, to facilitate multtple uses of public property, to prevent dangerous, unlawful or ImpermIssIble uses of public property, and to regulate vehicular and pedestnan traffic, provIded that such condlttons shall not be Imposed m a manner that wIll unreasonably restnct Expressive Acttvlty or other conduct protected by the CaltfomIa or UnIted States Constitutions Condlttons that may be Imposed on a parade permIt mclude, but are not lImited to I The accommodatton of the parade's pedestnan and vehIcular traffic, mcludmg the restnctIOn of parade partIcIpants to City sIdewalks, or portIOns of CIty streets or other publIc ways, 11 Condlttons designed to lessen mterference with publIc safety and emergency service access, III The number and type of vehicles, anImals, or structures to be dIsplayed or used III the parade, IV The IllspectIOn and approval by CIty personnel of stages, booths, floats, structures, vehIcles or eqUIpment to be used or operated III the parade to ensure that such ltems are properly constructed, may be safely operated, and conform to all applIcable laws and regulatIOns, Page 6 of 11 /I i- 11 v The prov1S1on and use of traffic cones or bamcades, VI The provIsIOn or operation of first aid stattons and sanItary facillhes, mcludmg sanItary facIlitIes accessible to mdlvlduals with dlsabtlltIes, VB The prOVISIOn of a waste management plan, and the clean up and restoration ofthe parade SIte, V111 A cleamng depOSIt If the parade mcludes operation of water statIOns, food or beverage dIstnbutlon 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, Xl The obtammg of all applicable busmess lIcenses or other necessary permIts reqUIred by thIS code for services or sales provIded at the parade, XlI The prohibition of alcohol sales or consumption at the parade 3 The ChIef ofPobce or hIS or her desIgnee shall deny any applicatIon for a permIt Ifhe or she finds any ofthe followmg One or more of the approval cntena set forth III Section 5 12090 B lIS 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 12080 C, IV The applIcant has not paId the depOSit for the Service Charges pursuant to SectIOn 5 12 1 00 C NotIce of Perml! Issuance bnrnedtately upon the Issuance of a parade permIt, the Pohce ChIef shall send a copy thereof to the followmg 1 The appltcant, 2 The Parade OrganIzer, If dIfferent from apphcant, 3 The CIty Manager, 4 The DIrector ofPubhc Works, Page 7 of 11 I ~ ~ 17 5 The DIrector of Parks and Commumty Servlccs, 6 The FIre Chief, and 7 The Traffic Safety CommIttee o Notice of PermIt Denial If a permIt apphcatlOn IS demed pursuant to SectIOn 5 12 090 B 3, the Chief of Police shall provide the apphcallt with notice of demaJ by deposJtmg wntten notice In the first~c1ass US maIl, postage prepaId, addressed to the apphcant, not later than three (3) calendar days followmg the decIsion to deny the permit, except that m addItion to the wntten notice of dental the ChIef of Pohce shall promptly attempt to orally notify applIcants who have filed applications pursuant to SectIOns 5 12 080 A 1 or 5 12080 A 2 of such demal, WhICh notificatIOn must con tam 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 ofthe appeal procedure set forth 10 Section 5 12 140 E Content Neutral ReView In decIdmg whether to approve an applicatIon for permIt, no consideration shall be gIVen to the content of the speech or message of the parade 512100 Service Charges A In addItIon to the permIt applicatIOn fee set forth m SectIOn 5 12 080 C, an applicant shall pay the CIty for all Service Charges mcurred m connectIOn WIth or due to the activItIes under the perm] t If CI ty 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 Followmg the receIpt ofa complete applIcatIon, the ChIefofPohce shall determme, WIth recommendatIOns from the DIrector of PublIc Works, the DIrector of Parks & Commumty ServIces, and the FIfe 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 deterrnmed 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 Illcurred m connection WIth the permIt, except that an applIcant who tntends to engage m expressive acttvlty 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 blllmgs for Senllce 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 Page 8 of 11 /3c;f 11 perrmttee shall pay the dIfference to the City wlthm ten (10) calendar days ofbemg mVOlced 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 wlthm SIxty (60) calendar days after permitted parade D An mdlgent natural person who mtends to engage m ExpreSSive ACtivIty and clatms an mabIlIty to pay ServIce Charges due to mdlgency may havc such charges watved upon apphcatIon and venficatIOn of mdlgent status ApplIcatIOn for mdlgent status shall be made at the time of permIt applIcatIon and shall be accompanIed by such relevant mformatIon and documentatlOn as may, m the OpInIOn of the City Manager or hIS or her deSignee, be reasonably necessary to venfy such status For purposes of thIS section, an mdIgent natural person means a person elIgible for relIef and support pursuant to CalI form a Welfare and Institutions Code S 17000 et seq E A government agency actmg wIthm thc scope of Its functIOns shall be exempt from the reqUirements of thIS section 5] 2 110 llndemmficatlOn and Insurance A IndemmficatIOn Agreement Each apphcant shall execute a hold harmless agreement m a form approved by the City Attorney agreemg to defend, protect, mdemmfy and hold the CIty, ItS officcrs, 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 aflsmg out of, or resultmg from, the alleged acts or omISSlOns of permIttee, Its officers, agents or employees m cormectlOn WIth the permItted parade B Insurance Pnor to the Issuance of a permIt, the applIcant shall obtam general lIabIhty msurance from an msurance company lIcensed to do busmess m the state of CalIfornIa and havmg a ratmg m Best's Insurance GUide of at least "B' Such msurance shall be m a form approved by the CIty Manager or hIS or her deSIgnee and shall be III an amount of at least $1,000,000 combmed smgle limIt If the applIcant Intends to use vehicles m activities assocIated With the permIt, the applIcant shall obtam automobtle habIlIty Insurance from an msurance company lIcensed to do busmess In the state ofCalIfornla and havmg a ratmg m Best's insurance GUIde of at least "B" m an amount of at least $1,000,000 per aCCIdent Proof of mSUfance shall be filed WIth the ChIef of Police and such msurance shall rematn m full force and effect for the duratIOn of the permItted parade ApplIcants who mtend to engage In ExpreSSive ActiVIty are exempt from the provIsIOns of thIs Section, unless there IS a specIfic demonstrable history of personal mJury or property damage claIms bemg awarded agamst the applIcant attnbutable to the applicant's conduct of prevIOUS parades m the City that are Similar to the proposed parade 512 120 Permlt--Use A permittee shall comply WIth an permit condItions, and With all apphcable laws and ordmances The Parade Orgamzer or other person headmg or leadmg the parade shall carry the parade permIt Page 9 of 11 /4 ~ /7 upon hIS or her person dunng the conduct of the parade, and shall exhIbit the permIt upon the request of any City officIal 512 130 Permlt--Revocatlon Penmts Issued under the provlSlons of thIS chapter may be revoked by the ChIef ofPohce at any ttme based on any grounds of permit dental, as set forth m SectIOn 5 12090 B 3 5 12 140 AppeallProcedure Any person exceptmg to the denIal or revocatIOn of a penmt apphed for or held by hIm or her pursuant thIs chapter shall have the nght to appeal to the City Manager m accordance wIth SectIon 1 04050, except that apphcattons filed pursuant to SectIons 5 12 080 A 1 or 5 12 080 A 2 may be appealed Immediately to the CIty Manager 5 12 150 Public Conduct A No person shall uilleasonably hamper, obstruct, or Impede or mterfere wIth any parade or with any person, vehIcle, or anImal partIcIpatmg or used III a parade B Except for emergency vehIcles, no dnver of a vehicle shall dnve between the vehicles, anImals or persons compnsmg a parade when such vehIcles, aOlmals or persons are conspIcuously desIgnated as a parade C The ChIef of PolIce shall have the authonty, when necessary for the safety and protectIOn of parade particIpants and observers, to prohibIt or restnct the parkmg of vehIcles along the street or part thereof constItutIng a part of the route of a parade The Chief ofPohce 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 III VIolatIOn thereof 512160 VIOlatIOn-Penalty Any vIOldtton of the prOVISions ofthls chapter shall constttute an mrractlOn and may be pUl1lshed as such m accordance With SectIOn 1 04030 SectIOn 3 SeverabIlIty The provlSlons of thIS Ordmance are severable and If any prOVISIon, clause, sentence, word or part thereof IS held Illegal, mvalId, unconstItutIOnal, or mapphcable to any person or circumstances, such Illegabty, invalIdity, unconstttuttonallty, or mapphcablhty shall not affect or ImpdIr any of the remammg proVISIons, clauses, sentences, secttons, words or parts thereof of the ordmance or their apphcahIhty to other persons or c Irc ums tances SectIOn 4 Effective Date This Ordmance shall take effect and be enforced thIrty (30) days followmg Its adoptIOn Page 10 of II /5~/1 Section 5 Postmg The City Clerk of the CIty of Dublm shall cause thIS Ordinance to be posted m at least three (3) pubhc places m the CIty of Dublin m accordance with Section 36933 afthe Government Code of the State ofCahfomta PASSED, APPROVED AND ADOPTED thIS _ day of ,2008 AYES NOES ABSENT ABST AIN JanetLockhart,~ayor ATTEST Carolyn Parkmson, Intenm CIty Clerk 859945_13 DOC 1141015 Page 11 of 11 /6 ~ /7 RJESOLUTION NO I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ESTABLISHING DESIGNATED PARADE ROUTES WHEREAS, the Dublm MUnIcipal Code Chapter 5 12 relatmg to parades and events provides that the CIty Counctl shall, by resolutIOn, estabhsh a desIgnated parade route or routes wlthm the CIty, upon recommendatIOn of the CIty Manager, and WHEREAS, the City Manager recommends the desIgnated parade route descnbed m the attached ExhIbIt A NOW, THEREFORE, the City Council of the CIty of Dublm does RJESOlLVE that the parade route descnbed III the attached ExhIbIt A shan be the deSignated parade route wlthm the CIty of Dublm, as reqUIred by Dublm MUlllcIpal Codc SectIon 5 12 070 relatmg to parades and events PASSED, APPROVED, AND ADOPTED thIs _ day of followmg vote 2008, by the AYES NOES ABSIENT ABST AffN Janet Lockhart, Mayor ATTEST Intenm CIty Clerk 866R58_4 DOC 1141015 Page 1 of 1 ATTACHMENT 3 CIty of Dublin Designated Parade Route t11 ~rt!:;11 \\ ~ 1/ ~~ ~~~~ r4 t .,~ , , ~', .f ,.,1_ 1 '" l I.IJ: 'I" , 1%:41 (1 ~ : , . t-l "'\. ..:'+ i:J (: ~ l l~~ _ ~+.............t~~~\~'i.~ +:-,ll.J,::"+) ,!"', ~.. +.{;,t~.., ,- ~. :- : v _"~'"'C~~l~,,~eENffRAL PARKW~Y .~~, . ~,.}t.,,:rv . _t' l:~~ S;~~~:1 , '. ", ::;', :+~.:I';I..~ .0 ~':'<( 1'0' ~,::.~", "k, <:( , f.'....:e:::... + ;~:<(: .. .~""") .<( '. (f) :~ en ~ 'l', ..., I~' ,1.'>\i:'. "~ jl'~ ~. u > , ':: 11/: ~. 1+ v~~ ~ \ " ' ~~- t:~ \ 1, .',", ',ilj' .. I~, ~ c ~ t , .~ ~ < '~~+..I.+ ,.:'n~l fl: ,:" " ,....::. ". .'. ..:;'I~F'r. ~.... ',' -:"','::r ~ ..-'~ ":0-" '; '--'" ""..' '. -(DUBlIN'BOULEVARD '.:;;.' ".1'..':: _ ..''f: '+~~~,fl1.- Ji'.)..i:~...~~ ,"- _::)..;: .... ,/ ~iI ~,_.'t.. " ,. f ~ ~ ., fr" Exhibit A I : = Parade Route o , 500 , 1 000 . Feet ~