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HomeMy WebLinkAboutNS-1259 Not AdoptedNot Cc-'idered at this time 6/~/' JLC:JJ:ar ORDINANCE NO. NSJ SECTIONS lO-11 THROUGH OF PARADES AND ASSE SETTING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANA AMENDING SECTIONS 10-7 THROUI THE CONDL 'ING ON PUBLIC PROPERTY Al FOR THE ISSUANCE OF AND THE CITY COUNCIL OF THE CITY OF SANTA ANA iS ORDAIN AS FOLLOWS: SECTION l: That Section 10-7 of the S~ Code is hereby~o read as follows: Aha Municipal Sec. 10-7. Assemblages and Statement of Intent. public property - It is the purpose of this or unreasonable interference with the or pedestrian travel on public ri and use of buildings open to the public SECTION 2: That Sect~ Code is hereby~o read as e to regulate obstruction age of vehicular traffic and with the ingress, egress rally. .8 of the Santa Ana Municipal Sec. 10-8. Defini l. "Parade": As us( march or procession consis thereof, upon any public building or other place op( ~ this article, parade means any rally, )eople, animals or vehicles or combination ghway, sidewalk, alley, park, parkway, the public generally. a number of persons exhibit, or take part open air public mi sidewalk, alle pl ace open used in this article the term assembly means ether for a common purpose to conduct, perform, musical, theatrical, dramatic representation, )bate, or lecture upon any public road, highway, rkway, building or land owned by the city or other generally. 3. "P~ authorization from ments set forth ir ': As used in this article, permit means a written )e chief of police evidencing fulfillment of the require- this ordinance. 4. '~erso~": As used in this article, person is any person, firm, partnership, a~ociat~on, corporation, company or organization of any kind. / . / SECTION 3. That Section 10-9 of the Santa Ana Municipal Code is hereby a~ende~d as follows: / Sec. 10-9. Requirements for a Permit. / 1. No person, firm, partnership, association, corporation, company or orga~qization may conduct a parade or assembly at a place open to the publi~/unless a permit as provided for in this ordinance has been issued. / 2, Every person, firm, partnership, association, corporation, con, any or organization who files an application, as provided herein, shall p~ to.t.h~ C)t~ of Santa Ana the sum of Twenty-Five Dollars ($25.00), cashiers ct~ certified check ormoney order payable to the City of Santa Ana, which shall be paid at the time the application is filed. This sum is for the purpose of paying the cost of processing such application and is non-refundable. ORDINANCE NO. NS- 1259 PAGE TWO If at any point prior to the parade or assembly, during the parade, or assembly, or after the parade or assembly, there is a need for expenditures by the city in the form of man hours or equipment, the cost shall be paid by the applicant. SECTION 4: That Section 10-10 of the Santa Ana Municipal Code is hereby~o read as follows: Sec. 10-tO. Application for a Permit. 1. A person seeking issuance of a permit shall file an with the Chief of Police or his designate on forms provided. ~lication 2. Any person desiring to organize, produce, direci , manage, institute or carry on a parade or assembly shall, not than twenty (20) nor more than one hundred eighty (180) days befoF the date on which it is proposed to conduct such parade or assembly, with the Chief of Police a verified application for permit. 3. Such application shall contain the names the sponsoring organization, the parade or assembly chai addresses and telephone number of the applicant and pa man. applicant, and the home or assembly chair- 4. The application shall also contain a )tion and map of the assembly area, disbanding area and the route be travelled. In addition, the application shall contain a reasonable estimaI the assembly time, the starting time, and the disbanding time of th or assembly. The application shall also contain where applicable the maximum parade length; the total number of bands, and/or musical and the total number of sound amplification units, including those that mounted on vehicles or portable; the total number of marching ur and the number of members in each unit; the number of animals, if and type; the number of floats if any, their size, type, method of powe~ and the expected space between each unit; and the maximum number of peF who will participate in the parade or assembly. 5. Upon receipt of a application, the chief of police shall transmit a copy of such application the following: a. City Manager.~ b. Director of/~ublic Works. / c. Fire Chi%. d. Traffi~Engineer. Each of t~te above shall review the activity proposed to be conducted, and other f~ts, circumstances and information relating to such application, and with~h ten (10) days after the filing of each application, make a written reporT to the chief of police. The chief of police shall within fifteen (15)/days after such filing, grant a permit, unless the standards in Section lO-12 o/f this ordinance have not been complied with. The refusal of any permit by/the chief of police may be appealed ~o the City Council within ten (10) days fdom the date of service of written notice of said refusal. Failure to file an appeal, as provided in Chapter 3 of this Code within such ten (10) day period, shall be construed as a waiver of the right to such appeal. ORDINANCE NO. NS- 12S9 PAGE THREE SECTION 5: That the Santa Ana Municipal Code is hereby a~nded by adding Section~to read as follows: Sec. lO-11. Surety or cash bond and insurance. Prior to issuance of any permit under this ordinance/,, the Chief of Police shall require: / · 1. When the parade or assemblage is estimated ~X) exceed 150 persons, the deposit of a surety bond or cash bond in an amouj~t sufficient to guarantee the payment of wages to any city employees tha~might be required to regulate, control or assist in the parade, and to guarantee the cleaning up of the premises or the removal of any debris left as t~te result of the activity for which the permit was issued. When the parse or assemblage is estimated not to exceed 150 persons; no bond shall be ~equired. The applicant, however, remains personally liable for the above-described payments. 2. The applicant provide public li~ility insurance and property damage insurance in the amount of $250,000.00, wr/ftten by an insurance company licensed by the state, and in which the city is/hamed as co-insured. SECTION 6: That the Santa Ana/~unicipal Code is hereby amended by adding Section ~to read as follows:,/' Sec. 10-12. Standard for/I~suance of Permit. The chief of police shal~/issue a permit as provided for here- under unless: · 1. The conduct of the p~rade or assembly will substantially interrupt ~he safe and orderly movement of o~her traffic contiguous to its route, or location. 2. The conduct of me parade or assembly will require the diversion of so great a number of police~officers of the city to properly police the line of movement and the areWs contiguous thereto as to prevent normal police protection to the city. 3. The conce~ration of persons, animals or vehicles at the assembly point will unduly interf/~re with proper fire and police protection of, or ambulance service to, ~(~eas contiguous to such assembly areas.' 4. The c~nduct of such parade or assembly will interfere with the movement of fir/~-fighting equipment enroute to a fire. / 5. T~ conduct of the parade or assembly is reasonably likely to cause injury//to persons or property. 6. / The parade or assembly is to be held for the sole purpose of advertising ~ny product, goods, or event, and is designed to be held purely for privat~/p~ofit. . / SECTION 7. That the Santa Ana Municipal Code is hereby amended by adding Section'~ ''--~J--to read as follows: Sec. lO-13. Denial of Permit and Revocation. The chief of police may deny such permit, and shall make timely notice of denial to the applicant thereof, where: 1. The chief of police after reviewing all reports and pertinent information finds the proposed parade or assembly not to be within the standards above specified in Section 10-12. ORDINANCE NO. NS-1259 PAGE FOUR 2. The chief of police may revoke a ~ermlt, and shall mak~immediate notice of revocation to the holder thereof where, the chief of poli~ after reviewing all reports ~nd pertinent information submitted subsequen~ to the issuance of a permit finds the proposed parade or assembly not to~e within the standards above specified in Section 10-12. / SECTION 8: That the Santa Ana Municipal Code i~ hereby amended by adding Sectio~-~--T~]~F-to read as follows: Sec. lO-14. Appeal, Filing of. Appeal to the City Council shall be madey~nder the provisions of Chapter 3 of the Santa Ana Municipal Code. SECTION 9: That the Santa Ana Munic~al Code is hereby amended by adding Section 10-15 to read as follows: Sec. 10-15. Exceptions to Provisions. No permit shall be required undYer this chapter with respect ? to 1. Any bonafide funeral pr/~cession; 2. A governmental agencJ/~acting within the scope of its function; 3. Picketing by perso~Ys engaged in a labor dispute provided such picketing does not take place ~n the traffic lanes of a traveled roadway, in a public street, alley or pedes~i~ian right-of-way. SECTION lO: Tha~the Santa Aha Municipal Code is hereby amended by adding Section' 10-16 to read/as follows: ? Sec. 10-16. ~iolation of Ordinance. ? Any person ~Who wilfully fails to comply with any provision of this chapter, or any~f the terms, conditions or regulations of the permit issued under the authority of this chapter will be found guilty of a misdemeanor. SECTION/Il: That the Santa Aha Municipal Code is hereby amended by adding Section 10~17 to read as follows: Sec~ 10-17. Penalty. ~y person convicted of a misdemeanor under the provisions of this ordinance shall be punishable by a term not exceeding six (6) months in the county/jail or by a fine not exceeding five hundred dollars ($500) or by both s/dch fine and imprisonment. ~ SECTION 12: If any section, subsection, sentence, clause, phrase or?portion of this or. dinance is for any reason held to be invalid or unconst!(~utional by the dec~sion of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordin- ance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portions thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or u:consti tutional. SECTION 13: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions ORDINANCE NO. NS-12S9 PAGE FIVE of such ordinance relating to the collection of any such license or penalty the penal provisions applicable to any violation thereof, nor to affect ity of any bond or case deposit in lieu thereof, required to be posted, or deposited pursuant to any ordinance and all rights and obligations appertaining shall continue in full force and affect. SECTION 14: The Clerk of the Council shall certif of this ordinance and cause the same to be published in some dai printed in the City of Santa Ana. the passage newspaper SECTION 15: This ordinance shall take from and after the date of its adoption. thirty (30) days PASSED AND ADOPTED by the City Council its meeting held on the day of , 1975. ATTEST: MAYOR CLERK OF THE COUNCIL STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SANTA ANA ) I, FLORENCE of the Council of the Cit duced to said Council at of adopted by the ES, · MALONE, do hereby certify that I am the Clerk Santa Ana; that the foregoing Ordinance was intro- meeting held on the day , 1975, and was at said meeting p~nd vote, to wit: COUNCILMEN: COUNCILMEN: COUNCILMEN: APPRO/V~D AS TO FORM: CHARLES CLERK OF THE COUNCIL