HomeMy WebLinkAboutORD NO 1775 ORDINANCE NO. 1775 NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD ENACTING COMPREHENSIVE RULES REGU-
LATING THE CONDUCT OF PARADES WITHIN THE CITY
OF BAKERSFIELD, PROUIDING STANDARDS FOR THE
ISSUANCE OR DENIAL OF PERMITS FOR PARADES AND
LIKE ACTIVITIES, AND AUTHORIZING THE TRAFFIC
.. AUTHORITY TO TEMPORARILY CLOSE STREETS IN THE
CITY OF BAKERSFIELD WHEN PUBLIC SAFETY AND
PROTECTION REQUIRE SUCH CLOSURE.
WHEREAS, the conduct of parades within the City of
Bakersfield from time to time creates traffic conditions which
constitute a hazard to pedestrian and vehicle traffic; and
WHEREk~ the conduct of parades within the City of
Bakersfield requires the provision of additional traffic officers
to direct and control traffic under parade conditions; and
WHEREAS, the regulation and control of parades is there-
fore necessary for the regulation and control of traffic, the
prevention of crime and the protection of the health and welfare of
the citizens of the City of Bakersfield; and
WHEREAS, Vehicle Code Section 21101(f) authorizes local
authorities to adopt ordinances to temporarily close a portion of
any street for celebrations, parades, local special events and
other purposes when, in the opinion of local authorities having
jurisdiction, such closing is necessary for the safety and pro-
tection of persons who are to use that portion of the street during
the temporary closing; and
WHEREAS, Vehicle Code Section 21102 authorizes local
authorities to adopt ordinances to close streets crossing or divid-
ing any school ground or grounds when such closing is necessary for
the protectiorL of those persons attending school; and
WHEREAS, there exist in the City of Bakersfield certain
school grounds divided by streets, and on occasion public events
and situations require the temporary closing of a street or
portion thereof for the safety and protection of those persons
using the street.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City
of Bakersfield as follows:
SECTION 1.
That Section 11.04.240 of the Municipal Code of the City
of Bakersfield is hereby repealed.
SECTION 2.
That Chapter 11.16 PARADES is hereby added to the Municipal
Code of the City of Bakersfield as follows:
CHAPTER 11.16
PARADES
Sections:
11.16.010 Definitions.
11.16.020 Permit required.
11.16. 030 Application for permit.
11.16.040 Application--Time for consideration.
11.16.050 Permit--Issuance of.
11.16.060 Contents of application.
11.16.070 Contents of pe~,-mit.
11.16.080 Request for hearing.
11.16.090 Traffic Authority may consider late applications.
11.16.100 Officials to be notified.
11.16. 110 Interference with parade.
11.16. 120 Throwing of advertising matter from parade units
prohibited.
11.16. 130 Violations--a misdemeanor.
11.16.140 Severability.
11.16.010. Definitions. Parade means any mmrch or procession
consisting of persons, animals or vehicles, or combination thereof,
except funeral procession, upon any public street, public sidewalk,
public alley, or other public place, which does not comply with
normal and usual traffic regulation or controls.
11.16.020 Permit required. No person shall conduct, manage or
participate in any parade without a written permit from the Traffic
Authority of the City of Bakersfield.
11.16.030 Application for permit. Any person desiring to conduct
or manage a parade shall, in not less than thirty (30) nor more than .
ninety (90) days before the date on which it is proposed to conduct
such parade, file an application with the Traffic Authority for a
pe rmi t.
If such parade is designed to be helped by and on behalf
of or for any organization other than the applicant, the applicant
for such permit shall file a communication in writing for such
organization, authorizing the applicant to apply for such permit
on its behalf.
11.16.040 Application time for consideration. The Traffic
Authority shall, within eight (8) days after the filing of an
application for a parade permit, act thereon.'
11.16.050 Permit - Issuance of. (a) No permit shall be issued
authorizing the conduct of a parade which the Traffic Authority
finds is proposed to be held for the sole purpose of advertising
any products, goods, wares, merchandise, or event and is designed
to be held for private purposes.
(b) The Traffic Authority shall issue the permit if,
after consulting with the City Mmnager and appropriate department
heads, it finds that:
1. The conduct of such parade will not substantially
interrupt the safe and orderly movemmnt and other
traffic contiguous to its route;
2. The conduct of such parade will not require the
difference of so great a number of police officers
of the City to properly police the line O~ movement
e
and the areas contiguous thereto, as .~o?prevent~normal
police protection to the City;
3. The conduct of such parade will not interfere with
the movement of fire fighting equipment on route to
a fire;
4. The conduct of such parade is not reasonably likely
to cause injury to persons or property, d~.-ca.u, se
disorderly conduct or tend_to create a' dist..u, rbance;
5. The congestion of persons, animals, and vehicles at
assembly points of the parade will not unduly inter-
fere with proper fire and police protection of, or
ambulance service to, areas contiguous to such
assembly areas;
6. Such parade will move from its point of origin to its
point of termination expeditiously and without stopping
on route.
11.16.060 Contents of application. Each application for a permit
shall contain the following data:
(a) Date.
(b) Organization applying for permit.
(c) The event.
(d) The route.
(e) Proposed starting time.
(f) Proposed completion time.
(g) Proposed number of units in parade and character
of its units.
(h) Size of units in parade.
11.16.070 Contents of permit. In each permit the Traffic
Authority shall prescribe:
(a) Starting time.
(b) Minimum speed.
(c) Maximum speed.
4.
(d) The maximum interval of space to be maintained
between the units of such parade.
(e) The maximum number of units to be permitted in
said parade and the maximum size of such units.
(f) What portions of the street are to be traversed
by parade.
(g) The maximum length of parade and miles in fractions
thereof.
(h)The maximum amount of time during which said
parade may be conducted.
(i) The route of said parade.
11.16.080 .R..equest for hearing. If the Traffic Authority
disapproves the application for a parade permit there must be
mailed to the applicant within fifteen (15) days after the date
upon which the application was filed a notice of the action denying
the permit stating the reasons for the denial. Where a denial has
been made by the Traffic Authority, an applicant shall have the
right to appeal the denial of the parade permit to the City Council
by filing a written notice thereof with the City Clerk within five
(5). days of receipt of the notice of such action of denial by the
Traffic Authority. The decision of the City Council after hearing
on such appeal shall be final.
11.16.090 Traffic Authority may consider late applications. For
good cause, the Traffic Authority shall have power in its discretion
to consider any application to conduct a parade which is filed less
than thirty (30) days before the parade is to be conducted.
11.16.100 Officials to be notified. I~-m-~-mdiately upon the
granting of a parade permit the Traffic Authority shall send a
copy thereof to the following:
(a) The City Manager.
(b) The Fire Chief.
(c) The Superintendent .of Transit' of the City of..Bakersfield.
(d) The Director of Public Works.
5.
(e) The Postmaster of the Bakersfield Post Office.
(f) The General Manager or responsible head of each
public transportation utility the regular routes
of whose vehicles will be affected by the route
of the proposed parade.
11.16.110 Interference with parade. No person shall, without
the consent of permittee, join or participate in a parade nor in
any manner interfere with its orderly conduct.
11.16.120 Throwing of advertising matter from parade units
prohibited. No person shall throw any advertising material,
product samples, candy or any other item from a parade unit or
line of march° If samples of items or candy or materials are to
be given away to the crowd along the line of march, those items
shall be handed to members of the crowd on the side of the line of
march.
11.16.130 Violations--a misdemeanor. Any person who wilfully
violates, or who wilfully fails or refuses to comply with any of
the provisions of this chapter, or who shall wilfully counsel, aid,
or abet any such violation or failure to comply, shall be guilty
of a misdemeanor and upon conviction shall be punishable by a fine
not exceeding Three Hundred Dollars ($300.00) or by imprisonment
in the County Jail for ninety (90) days or by both such fine and
imp r i s o ~men t.
11.16.140 Severability. If any section, subsection, sentence,
clause, or phrase 'of this chapter is for any reason held to be
unconstitutional or invalid, such decision shall not affect the
validity of the remaining sections of this chapter. The City
Council hereby declares that it would have passed this chapter and
each section, subsection, sentence, clause, and phrase thereof
irrespective of the fact that any one or more sections, subsections,
sentences, clauses, or phrases be declared unconstitutional or
invalid.
SECTION 3.
That Section 11.04.0.31 be and the same is hereby added
to the Municipal Code to read as follows:
11.04.0.31 Temporary Street Closing. (a) The Traffic Authority,
in the exercise of its discretion, with all due regard for the
orderly flow of traffic, may temporarily close all or any portion
of any street in the City of Bakersfield when in its opinion such
closing is necessary for the safety and protection of persons who
are to use that portion of the street during the temporary closing.
(b) No temporary closing of any portion of a street
pursuant to Subsection (a) shall be effective until signs giving
notice of the closing are posted at all entrances to the streets
or parts thereof affected, or such closing is indicated by the
lawful commands of a Police Officer.
SECTION 4.
This ordinance shall become effective thirty days from
and after the date of its passage.
o0o
I HEREBY CERTIFY that the foregoing Ordinance was
passed and adopted by the Council of the City of Bakersfield at a
regular meeting thereof held on the 10th day ofFebruar¥ , 1969,
by the following vote:
AYES: COUNCILMEN HEISEY,.,~ilm~IG,, REES. RUCKER, STIERN, YE'I"rER, WHII'rEMORE
A~SENT COUNCILMEN:
A~STAIN'.NG COUNCILMEN: 7'~ cg~'~'~--""~
Marian S. Irvin
CITY CLERK and Ex-Officio Clerk of the
Council of the City of Bakersfield
APPROVED:
Kenneth W. Hoa~la~d CITY ATTORNEY'
Affidavit of IIosting ®ri inan es
STATE OF C2~LIFORNIA,~ ss.
County of Kern ~
MARIAN S. IR¥IN, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and
that on ............... ..1..l..~..h.....d..a.~.....o..~....F...e...b..r...u..a...r.~. .................. ,1~...9..... she posted on the Bulletin Board
at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City
at a meeting thereof duly held on......1..0...t...h._..d...a.3[....o..f.....F...e...b..r...u...a.?.~ .......... 19....6...9., which ordinance
was' numbered ........... .1...7..7...5.. .................. New Series, and entitled:
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD ENACTING CO~/PHEHENSIVE RULES
HEGULATING THE CONDUCT OF PARADES WITHIN
THE CITY OF BAKERSFIELD, PROVIDING STANDARDS
FOR THE ISSUANCE OR DENIAL OF PERMITS FOR
PAHADES AND LIKE ACTIVITIES, AND AUTHORIZING
THE TRAFFIC AUTHORITY TO TEMPORARILY CLOSE
STREETS IN THE CITY OF BAKERSFIELD WHEN
PUBLIC SAFETY AND PROTECTION HEQUIHE SUCH
CLOSURE.
Subscribed and sworn to before me this
Notary Public in and for the County of Kern, State o{ California
~.~ W~TER W. SMITH ~
~[~ "OTA.Y PUBL,C-CAUFORN{A }
- ~AhT[R W. SMITH