HomeMy WebLinkAboutORD NO 3866ORDINANCE NO. ~l 8 6 6
AN ORDINANCE OF THE COUNCIL OF THE
CITY OF BAKERSFIELD AMENDING
CHAPTER 10.76 OF THE BAKERSFIELD
MUNICIPAL CODE RELATING TO PARADES.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Chapter 10.76 of the Bakersfield Municipal Code is hereby amended to read as
follows:
Chapter 10.76
Sections:
10.76.010
10.76.020
10.76.030
10.76.040
10.76.050
10.76.060
10.76.070
10.76.080
10.76.090
PARADES
Definitions
Permit required.
Application m Issuance,
Permit -- Application -- Time for consideration.
Regulations.
Notification of city officials,
Revocation.
Appeal,
Severability.
10,76,010 Definitions.
Whenever used in this chapter, unless a different meaning clearly appears from the
context, the words set out in this section shall have the following meanings:
A. "Parade" means any march or procession consisting of persons, animals or
vehicles, or combinations thereof, except funeral processions, upon any public street,
public sidewalk, public alley or other public place, which does not comply with normal and
usual traffic regulation or controls.
B. "Person" means any individual, partnership, corporation, organization, or
association of any nature whatsoever.
C. "Traffic authority," for purpose of this chapter only, means the chief of police
or his/her designee.
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10.76.020 Permit required.
It is unlawful for any person to conduct a parade in or upon any public street, public
sidewalk, public alley or other public place in violation of this chapter, or without having
first procured and maintained a valid permit from the traffic authority.
10.76.030 Application -- Issuance.
A. Applications for permits under this section shall be made on forms to be
furnished by the city, shall be submitted no less than two working days prior to the event
nor more than ninety days prior to the event, shall be signed under penalty of perjury by
an authorized representative of the applicant organization and shall require the following
information:
1 The name, mailing address, and telephone number of the organization
applying for and conducting the parade and of the parade chairman;
2 The name of the parade, including names of each sponsoring or sanctioning
organization;
3 The route;
4 The proposed date, starting time, and estimated completion time;
5 The location of the assembly area and of the disbanding area;
6 Proposed number and size of the units in the parade, including a description
of any sound amplification equipment to be used;
7. Prior permits held by any named organization and whether such permits were
ever revoked or suspended and the reasons therefor; and
8. The business tax certificate number of the applicant organization, or letter
granting tax-exempt status to the applicant organization.
B. The traffic authority or his/her designee shall issue a 2arade permit
conditioned upon the applicant's agreement to comply with the terms of such permit and
if he/she finds:
1. That the application is complete and truthful;
2. That the parade will be conducted in accordance with all laws of the city and
the state;
3. That the conduct of such parade will not require police protection in excess
of what the city can reasonably provide;
4. That operation of the parade at such location will not present any substantial
hazard to vehicular or pedestrian traffic, nor impede the movement of emergency vehicles;
5. That the applicant has not had a permit, issued under this section, revoked,
unless the city manager finds that the reasons for such revocation are unrelated to this
application;
6. That the parade is not being held for the sole purpose of advertising any
products, goods, wares, merchandise or event;
7. That the conduct of the parade will not constitute an unreasonable burden
on city employees or resources, nor create an unreasonable disturbance to the
neighboring areas;
8. That the parade will move from its starting point to its finish line expeditiously;
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9 That such parade will not interfere with, or conflict with, another parade or
special event for which a permit has been issued or for which no permit is required.
D. All permits issued pursuant to this chapter shall be valid only as to those
dates, times, and locations listed on the permit, unless earlier revoked.
E. Permits may be issued with conditions to ensure that the event will be
operated in a safe and legal manner. Such conditions may include, but shall not be limited
to:
1 The date, starting time, and maximum length of time during which the parade
may be conducted;
2 The minimum speed and maximum speed of the parade;
3 The maximum space to be maintained between the units of the parade;
4 The maximum number of units to be permitted in the parade and the
maximum size of such units;
5 The route to be taken by the parade; and
The maximum length of the parade
10.76.040 Permit -- Application -- Time for consideration.
The traffic authority shall, not later than twenty-four hours before the start of the
proposed parade, if such parade is to be held within eight days of the filing of the
application for permit and not later than eight days after filing such application if the
parade is to be held nine or more days after filing such application, issue or deny the
parade permit. Denial of a permit shall be accompanied by statement of the basis for
denial.
10.76.050 Regulations.
A. One official of the applicant, designated on the application, shall be in charge
of, and responsible for, the parade.
B. No person shall, without the consent of the permittee, join or participate in
a parade nor in any manner interfere with its orderly conduct.
C. No person shall throw any advertising materials, product samples, candy, or
any other item from a parade unit or line of march.
D. 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.
E. The applicant(s) shall save, hold harmless, and indemnify the city, its
officers, agents, employees and volunteers from all claims, demands, damages,
judgments, costs or expenses in law or equity that may at any time arise from or is in any
way related to any work performed by applicant(s), his agents or employees under the
terms of any permit issued under this chapter.
10.76.060 Notification of city officials.
Immediately upon the granting of a parade permit the traffic authority shall send a
copy thereof to the following:
A. The city manager;
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C.
D.
E.
F.
The fire chief;
The superintendent of transit of the city;
The director of public works;
The postmaster of the Bakersfield Post Office;
The general manager or responsible head of each public transportation utility
the regular routes of which vehicles will be affected by the route of the proposed parade.
10.76.070 Revocation.
Any permit issued pursuant to this chapter may be immediately revoked by the
traffic authority whenever he/she finds:
A. That false or misleading statement(s) were made on the application; or
B. That the applicant has done any act related to the application involving
dishonesty, fraud, or deceit with the intent to substantially benefit himself or another, or
substantially injure another; or
C. That the permit holder has violated any provision of this ordinance or any
other applicable law; or
D. That any of the terms or conditions of said permit have been violated.
10.76.080 Appeal.
A. Should any applicant be dissatisfied with the decision of the traffic authority
not to grant a permit or for the revocation of a permit, then said applicant may, no later
than ten days after notice of such decision is deposited in the United States mail,
addressed to the applicant or permittee at the address provided on the application, make
written objection to the city council setting forth the grounds for dissatisfaction, whereupon
the council shall hear said objections at a regular meeting no later than three weeks
following the filing of the objection with the city clerk. The applicant shall be given written
notice no less than three days prior to said hearing. The council may, upon said hearing,
sustain, suspend, or overrule the decision of the traffic authority, which decision shall be
final and conclusive.
B. Pending the hearing before the council, the decision of the traffic authority
shall remain in full force and effect and any reversal thereof by the city council shall not
be retroactive but shall take effect as of the date of the council's decision
10.76.090 Severability,
If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid, that invalidity shall not affect other provisions or applications
which can be given effect without the invalid provision or application, and to that end the
provisions of this act are severable.
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SECTION 2.
This Ordinance shall be posted in accordance with provisions of the Bakersfield
Municipal Code and shall become effective thirty (30) days from and after the date of its
passage.
.......... o0o ..........
I HEREBY CERTIFY that the foregoing Ordinance was passed and adop. ted
by the Council of the City of Bakersfield at a regular meeting thereof held on $EPt 8 ~
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CA.I~SON, DEMOND, SMITH, MCDERMOTT, ROWLES, SULLIVAN, SALVAGGIO
COUNCILMEMBER /V/~ ,~
COUNCILMEMBER
COUNCILMEMBER ~ 0 ~-
APPROVEd: $EP l~l 1998
CITY CLERK and EX OFFICI~of the
Council of the City of Bakersfield
APPROVED AS TO FORM:
ROBERT M. SHERFY
CHIEF ASSISTANT CITYATTORNEY
By:
Assistant City Attorney
MGA\bsb
S:\COUNCIL~)rds\01-0698~PARADE ORD -- September 24, 1998
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
County of Kern )
PAMELA A. McCARTHY, 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 the 24TM day of September ,1998 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 3866, passed by the
Bakersfield City Council at a meeting held on September 23, 1998 and entitled:
AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING
CHAPTER 10.76 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO
PARADES.
Is/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
S:\DOCU MEN'I~AOPOSTING
September 24, 1998
Deputy City Clerk