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HomeMy WebLinkAboutOrdinance #1497 ORDINANCE NO. 1497 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING THERETO CHAPTER 79 RELATING TO PARADES The City Council of the City of Huntington Beach does ordain as follows: SECTION 1 . The Huntington Beach Ordinance Code is hereby amended by adding thereto Chapter 79 , Articles 790, 791, 792 and 793, being sections 7900 through 7933, to read as follows : CHAPTER 79 PARADES ARTICLE 790 . General 791. Permit 792 . Appeal 793 • Penalty ARTICLE 790 GENERAL 7900 . DEFINITIONS . As used in this article, parade means any march, parade, procession or public assembly consisting of persons or animals or vehicles or any combination thereof, upon any public or quasi-public street , road, highway , sidewalk, alley, park, parkway, pier, beach, building or other public or quasi- public place, which obstructs or unreasonably interferes with the free passage of vehicular traffic or pedestrian travel. ARTICLE 791 PERMIT 7910 . PERMIT REQUIRED. No person shall organize, produce, direct, conduct, manage, institute or carry on any parade without a permit, first had and obtained from the City Administrator, and no person shall participate in any parade for which no permit has first been issued by the City Administrator. No person shall pro- mote, advertise, encourage or solicit attendance to or partici- pate in a parade for which a permit is required by this chapter, 1. it for which no permit has been issued or for which a permit has been refused, suspended or revoked under the authority of this chapter. 7910 . 1. INTERFERENCE WITH PARADE. No person shall know- ingly join or participate in any parade conducted under permit, as required by this chapter, in violation of any of the terms , conditions or regulations of said permit, or knowingly join or participate in any permitted parade or any parade held under Section 7923 of this chapter without the consent and over the objection of the permittee, nor in any manner interfere with its progress or orderly conduct . 7910 . 2 . APPLICATION FOR PERMIT. Any person desiring to organize, produce, direct, conduct, manage, institute or carry on a parade shall, not less than forty (40) nor more than one hundred eighty (180) days before the date on which it is proposed to con- duct such parade, file with the Chief of Police a verified appli- cation for permit . Such application must be prepared, signed, verified and filed by a responsible person, not less than twenty- one (21) years of age . If such application indicates that the sponsor of such parade is an organization, the application shall be prepared, signed, verified and filed by an officer of such organization, who is not less than twenty-one (21) years of age . (a) Such application shall contain the names of the appli- cant , the sponsoring organization, the parade chairman and the addresses and telephone numbers of each; the drivers license number and the thumb print of the applicant and the parade chair- man. If the parade is to be sponsored by an organization, a copy of the charter or articles of incorporation of such organization, and a complete list of the full names and addresses of the officers of such organization, and the address of the headquarters , office or principal place of business of such organization shall be in- cluded in such application. The application shall also contain a detailed description and map of the assembly area, disbanding area and the route to be travelled; the assembly time, the start- ing time, and so far as reasonably practical, the disbanding time; the maximum parade length; the total number of bands , sound ve- hicles or musical units, if any, their type and number of members in each unit; the total number of public address units , including those that are stationary, mounted on vehicles or portable, the total number of marching units, if any, their type and number of members in each unit; the number of animals, if any, and type; the number of floats , if any, their size, type and method of power; and the space between their units and their speed; and the maxi- mum number of persons who will participate in the parade . (b) If such parade is designed to be held by, on behalf of or for any organization other than the applicant, the applicant for such permit shall file a communication in writing from such organization, authorizing the applicant to apply for such permit 2 . on its behalf. 7911. PERMIT-PROCESSING FEE. A permit-processing fee in the amount of Twenty-five Dollars ($25 . 00) shall be paid to the Chief of Police at the time each parade permit application is filed. Checks should be made payable to the City of Huntington Beach. Such fee is not refundable . The Chief of Police shall transmit such fee forthwith to the city Finance Director. 7912 . APPLICATION. Upon receipt of each application for permit, the Chief of Police shall transmit a copy of such appli- cation to the following: (a) City Administrator (b ) Director of Public Works (c) Fire Chief (d) Traffic Engineer Each of whom shall investigate the persons involved with, and the activity proposed to be conducted, and other facts , cir- cumstances and information relating to such application, and each such department concerned shall, within ten (10 ) days after the filing of each application, make a written report to the City Administrator who shall within fifteen (15) days after such filing, either grant or refuse a permit, as hereinafter provided. The granting or refusal of any permit by the City Admin- istrator shall be final unless appealed to the City Council within ten (10 ) days from the date of service of written notice of the decision of the City Administrator on the application. Failure to file an appeal, as hereinafter provided, within such ten (10 ) day period, shall constitute a waiver of the right to such appeal. 7912 . 1. SURETY OR CASH BOND AND INSURANCE. Prior to the issuance of any permit under this chapter, the City Administrator may require : (a) The deposit of a surety or cash bond in an amount suf- ficient to guarantee the cleaning up of the premises or the re- moval of any debris left as the result of the activity for which the permit was issued. If, after investigation, the City Admin- istrator determines that an unusual number of policemen, or special officers , will be required to patrol such parade, the City Admin- istrator may require the deposit of a surety or cash bond in an amount sufficient to pay the additional costs of said patrol . (b ) That applicant provide public liability insurance and property damage insurance written by an insurance company accept- able by the City Administrator in such reasonable limits as shall be required by the City Administrator, and in which the city is named as co-insured. 3 . 7912 . 2 . CONDITIONS TO GRANT OF PERMIT. As a condition of granting such permit , the City Administrator may impose reason- able terms and regulations concerning the time and place of such parade ; the area and manner of assembling and disbanding such parade ; the route and spacing of all units of such parade; the maximum number of persons who shall participate therein; the maximum length thereof, the maximum and minimum speed thereof; the stops permitted, if any; the accommodation of other traffic; the number and type of vehicles , if any; and such other require- ments as are found by the City Administrator to be reasonably necessary for the protection of persons or property and control of other traffic . 7913 . ISSUANCE OF PERMIT. The City Administrator shall issue the permit conditioned upon applicant ' s written agreement to comply with the terms and regulations of such permit unless the City Administrator shall find that : (a) The time, route and size of the parade will disrupt the movement of other traffic to an unreasonable extent; or (b) The parade is of a size or nature that requires the di- version of so great a number of police officers of the city to police the line of movement properly and the areas contiguous thereto, as to prevent reasonable police protection to the city; or (c ) That the permittee has not provided for the services of monitors , who must be over twenty-one (21) years of age , to con- trol the orderly conduct of the parade in conformity with such permit; or (d) That the permittee has failed to provide reasonable means of informing all the persons participating therein of terms and conditions and regulations of such permit; or (e) The concentration of persons, animals , and vehicles at assembly and disbanding areas and along the parade route will prevent proper fire and police protection or ambulance service; or (f) Such parade will not move from its assembly area to its disbanding area expeditiously or without stopping en route except when reasonably required for the same and orderly conduct of the parade; or (g) Such parade will interfere with another parade for which a permit has been granted or a parade for which no permit is required by this chapter. 7913 . 1. DENIAL OF PERMIT. The City Administrator shall deny such parade permit, and notify the applicant thereof, where : 4 . (a) The City Administrator makes any finding specified in the foregoing section as cause for not issuing such permit; or (b) Any material facts or information contained in the application are found to be false or nonexistent; or (c ) The applicant refuses to agree to abide by or comply with all conditions and regulations of the permit; or (d) Applicant has failed to file the surety or cash bond or liability insurance and property damage insurance required by the City Administrator under authority of this chapter. 7913 . 2 . RECONSIDERATION AFTER APPLICATION. The City Admin- istrator may reconsider all or part of the application for permit or of any permit, theretofore granted, either upon motion of applicant or City Administrator after five (5) days written notice thereof to applicant . Such motion for reconsideration shall not be a condition precedent to judicial review. 7914 . CONTENTS OF PERMIT. In each permit, the City Admin- istrator shall prescribe : (a) The assembly area and time therefor; (b) The starting time; (c) The minimum and maximum speeds ; (d) The route of the parade; (e) What portions of streets to be traversed maybe occupied by such parade; (f) The maximum number of persons who shall participate in the parade; the maximum number of platoons or units and the maxi- mum and minimum interval of space to be maintained between the units of such parade; (g) The maximum length of such parade in miles or fractions thereof; (h) The disbanding area and disbanding time; (i) The number of persons over the age of twenty-one (21) years required to monitor the parade; (j ) The number and type of vehicles , if any; (k) The material and maximum size of any sign, banner, placard or carrying device therefor; 5 • (1) That permittee advise all participants in the parade, either orally or by written notice, of the terms and conditions of the permit, prior to the commencement of such parade; (m) That the amplification of sound permitted to be emitted from sound trucks , or bull horns, be fixed and not variable; (n) That the parade continue to move at a fixed rate of speed and that any wilful delay or wilful stopping of said parade, except when reasonably required for the safe and orderly conduct of the parade, shall constitute a violation of the parade permit; (o) Such other terms and regulations as are found by the City Administrator to be reasonably necessary for the protection of persons or property . All terms and regulations of the permit shall be complied with so far as reasonably practicable . 7914 .1. REQUEST FOR ALTERNATIVES . If the denial of permit is based in whole or in part on the date, hour, or route of travel, the applicant may submit with his motion for reconsidera- tion or appeal, a proposed alternative date , route of travel or hour. 7915 . LATE APPLICATIONS. The City Administrator shall have authority, in his discretion, to consider any application for a permit to conduct a parade which is filed less than forty (40 ) days before the date such parade is proposed to be conducted. 7916 . OFFICIALS TO BE NOTIFIED. Immediately upon the granting of a parade permit , the City Administrator shall send a copy thereof to the following: (a) The City Attorney (b) Director of Public Works (c) Fire Department (d) Chief of Police (e) City Clerk (f) City Traffic Engineer 7917 . PARADE PROHIBITED. No permit shall be issued authorizing the conduct of a parade which the City Administrator finds is proposed to be held for the sole purpose of advertising any product , goods , wares, merchandise, or event, and is designated to be held purely for private profit . 7918 . REVOCATION OF PERMIT . Any permit for a parade issued hereunder may be summarily revoked by the City Administrator at any time ; (a) When by reason of actual or threatened disaster, public 6 . calamity, riot or other emergency, the City Administrator reasonably determines that the safety of persons or property demands such revocation; or (b) When the City Administrator has reasonable cause to believe that any material term, condition, restriction or regu- lation of the permit has been or is being violated. ARTICLE 792 APPEAL 7920 . APPEAL. FILING OF. Any appeal to the City Council shall set forth fully the grounds upon which the appeal is based, shall be in writing and shall be filed with the City Clerk who shall present a copy of the appeal to the City Council, and for- ward copies thereof to the City Administrator and the City At- torney . The City Administrator shall submit to the City Council the record of the case appealed. 7921. SAME. ACTION OF COUNCIL. Within thirty (30) days after filing of the appeal with the City Clerk, the City Council shall consider the appeal at a regular meeting. Written notice of the time and place the City Council will consider the appeal shall be mailed by the City Clerk to the applicant at least ten (10 ) days before the date set for hearing, unless applicant shall waive said notice in writing. In any appeal, the City Council shall consider the applica- tion, the record of the case submitted by the City Administrator and other pertinent information presented, and may deny or grant the permit subject to conditions , terms or regulations authorized by this chapter. The City Clerk shall, within three ( 3) days after decision of the Council, notify the applicant in writing of the decision of said Council. 7922 . SAME. The City Council may, in its own motion, made within twenty days after the decision of the City Admin- istrator, review the issuance, denial, suspension or revocation of any permit, or review any condition, term or regulation attached thereto . If, after review, the City Council determines that the matter should be considered on appeal before the City Council, it shall order the City Clerk to notify the applicant, City Administrator, the City Attorney and other affected parties of the time and place of such consideration, as hereinabove provided. After such consideration, the City Council may deny or grant the permit subject to conditions , terms or regulations authorized by this chapter. 7 . 7923 . EXCEPTIONS TO PROVISIONS . No permit shall be re- quired under this chapter with respect to : (a) Any parade sponsored by, or held under the auspices of, the City of Huntington Beach; (b) Any bona fide funeral procession the purpose of which is to transport the remains of a deceased person to a place of burial or cremation . ARTICLE 793 PENALTY 7931 . VIOLATION OF ORDINANCE. Any person who violates or wilfully fails to comply with any provision of this chapter, or any of the terms, conditions or regulations of the parade permit issued under the authority of this chapter, is guilty of a mis- demeanor. 7932. PENALTY. Any person convicted of a misdemeanor under the provisions of this chapter shall be punishable by im- prisonment in the city jail of the City of Huntington Beach, or in the county jail of Orange County, as a judge of a court of competent jurisdiction may direct , not exceeding six (6) months , or by fine not exceeding Five Hundred Dollars ($500 . 00) , or by both such fine and such imprisonment . 7933 • SEVERABILITY. If any subsection, subdivision, sen- tence, clause, phrase, or portion of this chapter, or the applica- tion thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter or its application to other persons . The City Council hereby declares that it would have adopted this chapter and each subsection, subdivision, sentence , clause, phrase or portion thereof, irrespective of the fact that any one or more subsections , subdivisions, sentences , clauses , phrases, or portions or the application thereof to any person, be declared invalid or unconstitutional . SECTION 2 . The City Clerk shall certify to the passage and adoption of this ordinance, and cause same to be published within fifteen days in the Huntington Beach News , a weekly newspaper of general circulation, printed and published in Huntington Beach, California. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th 8 . day of May, 1969 • Mayor ATTEST: GL..c,c�i City erk APPROVED AS TO FORM: City Attorney 9 • 1 Ord. ND. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss : CITY OF HUNTINGTON BEACH ) I , PAUL C. JONES, The duly elected, qualified, and acting City Clerk of the City of Huntington Beach and ex- officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 12th day of May 19 69 , and was again read to said City Council at a regular meeting thereof held on the 19thday of May , 19 69 and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Shipley, Bartlett, McCracken, Coen, , Green NOES: Councilmen: None ABSENT: Councilmen: Matney, Kaufman Cit er and -officio Clerk of the City Council of the City of Huntington Beach, California I, PAUL C. JONES, CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council, do hereby certity that this ordinance has been published it the Huntington Beach Newr- on ncthe � 19---��---- tn a City (barter of said City. r. ity lerk . - po uty City Clerk p