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HomeMy WebLinkAboutNS-1426EJC:adg 11/1/77 ORDINANCE NO. NS- 1426 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING THE SANTA ANA MUNICIPAL CODE SECTIONS 10-7 THROUGH 10-10 AND ADDING SECTIONS 10-11 THROUGH 10-19 REGULATING THE CONDUCTING OF PARADES ORDAIN AS Municipal Municipal Municipal THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES FOLLOWS: SECTION 1: That section 10-7 of the Santa Ana Code is hereby amended to read as follows: Section 10-7. Definitions As used in this article, the following definitions shall apply: (a) "Parade" means any parade, march, procession, ceremony, exhibition, or pageant of any kind, consisting of people, animals or vehicles, or combination thereof, upon any public street, side- walk or alley, which does not comply with normal and usual traffic regulations and controls. (b) "Person" means and includes any individual, firm, partnership, association, corporation, company, or organization of any kind. SECTION 2: That section 10-8 of the Santa Ana Code is hereby amended to read as follows: Section 10-8. Permit Required It shall be unlawful for any person to conduct a parade or knowingly participate in any such parade unless and until a permit to conduct such parade has been obtained pursuant to the provisions of this article. SECTION 3: That section 10-9 of the Santa Ana Code is hereby amended to read as follows: Section 10-9. Application for Permit (a) Each application for a permit to conduct a parade shall be accompanied by proof that a non- refundable fee as established by resolution of the City Council has been deposited with the Department of Finance for the purpose of paying the cost of processing said application. (b) Any person desiring to conduct a parade shall apply to the City Manager for a permit at least thirty (30) days in advance of the date of the proposed parade. The City Manager may, for good cause shown, consider any application for a permit to conduct a parade which is filed less than thirty (30) days prior to the date such parade is to be conducted. The application for such permit shall be on a form provided by the City Manager, shall be verified, and shall contain the following in- formation: ORDINANCE NO. NS-1426 PAGE TWO Municipal (1) The name, address and telephone number of the person seeking to conduct a parade; (2) If the parade is proposed to be con- ducted for, on behalf of or by an organi- zation, the name, address and telephone number of the headquarters of the organi- zation, and of the responsible officer of such organization; (3) the name, address and telephone number of the parade chairman, or the person other- wise responsible for its conduct; (4) the date on which the parade is to be held; (5) the route to be travelled, including the starting point and termination point; (6) the approximate number of persons, animals, and vehicles taking part in the parade, in- cluding the type of animals and description of vehicles; (7) the approximate hours at which the parade will start and terminate; (8) whether such parade will occupy all or only one-half of the width of the streets proposed to be traversed; (9) the location by streets of assembly and disassembly of such parade; (10) the time at which units of the parade will begin assembly in the assembly area; (11) the maximum length of the components of the parade; (12) such additional information as the City Manager shall deem reasonably necessary in determining whether or not the permit shall issue under the standards set forth below. SECTION 4: That section 10-10 of the Santa Ana Code is hereby amended to read as follows: Section 10-10. Costs and Indemnity Prior to issuance of any permit under this ordinance, -- the City Manager shall require: ORDINANCE NO. NS- 1426 Page three (a) That the applicant and any other persons, organizations, firms or corporation on whose behalf the application is made, by filing such application do represent, stipulate, contract and agree that they will jointly and severally indemnify and hold the City of Santa Ana and its officers and employees harmless against liability for any and all claims for damage to property, or injury to, or death of persons arising out of or resulting from the issuance of the permit or the conduct of the parade or its participants. (b) That no parade permit shall be issued un- less the applicant therefore shall obtain a comprehensive general liability insurance policy or policies, issued by an insurance company or companies authorized to do business in the State of California, with coverage that includes the assembly area, the parade route, the disbanding area of the parade, and any other area used by the participants of the parade. The City of Santa Ana, its officers and employees shall be named as additional insureds on said policy or policies. The policy limits of said insurance policy or policies shall be not less than one million dollars ($1,000,000) combined single limit for both bodily injury and property damage; however, if the parade is composed of pedes- trians only and not including any vehicles or animals, said insurance policy or policies limits shall instead be not less than three hundred thousand dollars ($300,000) combined single limit for both bodily injury and property damage or not less than: Property damage for each occurrence .................. $100,000 Bodily injury or death for each person ............. and for each occurrence ...... $100,000 $300,000 Said policy or policies shall also contain a provision that no termination, cancellation or change of coverage of insured or additional insured shall be effective until after ten (10) days notice thereof has been given in writing to the Clerk of the Council of the City of Santa Ana. SECTION 5: The Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 10-11, which said section reads as follows: Section 10-11. Notification Upon receipt of the application, the City Managershall transmit a copy of such application to the following: Chief of Police, Director of Public Works, Fire Chief, Traffic Engineer, and the Orange County Transit District. Each of ORDINANCE NO. NS- 1426 Page four the foregoing may review and provide a written report to the City Manager within ten (10) days after the filing of such application. Immediately upon granting of a permit, the City Manager shall transmit a copy thereof to each of the above departments. SECTION 6: The Santa Aha Municipal Code is hereby amended by adding a section, to be numbered 10-12, which said section reads as follows: Section 10-12. Issuance of Permit The City Manager shall issue a permit for a parade upon a finding that: (a) The conduct of the parade will not substantially interrupt the safe and orderly movement of traffic in the area of its route; (b) the conduct of the parade will not require the diversion of so great a number of police officers of the City so as to prevent the normal police protection of the City; (c) the concentration of persons, animals and vehicles in the parade will not unreasonably interfere with proper fire and police protection, or ambulance service to areas in the vicinity of the parade, its assembly area or other areas of the City; (d) the conduct of the parade is not reasonably likely to cause injury to persons or property, provoke disorderly conduct or create a disturbance; (e) the parade is scheduled to move from its point of origin to its point of termination expedi- tiously and without unreasonable delays enroute; (f) the conduct of such parade will not inter- fere with the movement of firefighting equipment enroute to a fire. SECTION 7: The Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 10-13, which said section reads as follows: Section 10-13. Denial of Permit The City Manager shall deny an application for a parade permit and notify the applicant of such denial where: (a) The City Manager makes any findings contrary to the findings required to be made for the issuance of a permit; (b) the information contained in the application is found to be false in any material detail. ORDINANCE NO. NS- 1426 Page five The City Manager shall within fifteen (15) days after the filing of such application act thereon. If the City Manager finds that such permit should not be issued, he shall mail within such time a notice of his action denying the permit, stating in general terms the reasons for his denial of the permit. SECTION 8: The Santa Aha Municipal Code is hereby amended by adding a section, to be numbered 10-14, which said section reads as follows: Section 10-14. Appeal Any person aggrieved by such action of the City Manager shall have the right to appeal as provided in Chapter 3 of the Santa Ana Municipal Code. SECTION 9: The Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 10-15, which said section reads as follows: Section 10-15. Contents of Permit Each parade permit issued shall specify the following information: (a) The assembly area and time therefor; (b) The starting time of the parade; (c) The minimum and maximum speeds to be maintained by vehicles in the parade, if any; (d) The maximum length of components of the parade in miles or fractions thereof; (e) The maximum interval of space to be maintained between units of the parade; (f) The specific portions of streets that may be occupied by the parade; (g) The disassembly area and time therefor; (h) Such other requirements as are found by the City Manager to be reasonably necessary for the protection of persons or property. SECTION 10: The Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 10-16, which said section reads as follows: Section 10-16. Conduct of Permittee ORDINANCE NO. NS- 1426 Page six Each permittee hereunder shall comply with all terms, conditions and provisions of the permit and with all applicable laws of the State of California and the City of Santa Aha. Each permittee shall ensure that the person in charge of the parade will at all times carry such permit on his person during the conduct of the parade. SECTION 11: The Santa Aha Municipal Code is hereby amended by adding a section, to be numbered 10-17, which said section reads as follows: Section 10-17. Exceptions The provisions of these sections shall not apply to funeral processions or to governmental agencies acting within the scope of their authorized functions. SECTION 12: The Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 10-18, which said section reads as follows: Section 10-18. Revocation of Permit The City Manager may revoke a parade permit issued pursuant to this ordinance if he finds that any term, condition, restriction or limit- ation of such permit has been violated, or if he finds that as a result of changed circum- stances any one or more of the standards specified in section 10-12 has not been satis- fied. Notice of such action revoking a permit shall be delivered in writing to the permittee by personal service or by registered mail. Appeal to the City Council from any such re- vocation may be taken as hereinbefore specified in section 10-14. SECTION 13: The Santa Aha Municipal Code is hereby amended by adding a section, to be numbered 10-19, which said section reads as follows: Section 10-19. Interference No person shall knowingly join or participate in any parade conducted under permit from the City Manager in violation of any terms of said permit, nor knowingly join or participate in any permitted parade without the consent and over the objection of the permittee, nor in any manner interfere with its progress or orderly conduct. ORDINANCE NO. NS-1426 Page seven SECTION 14: If any section, subsection, sentence, clause, phrase or portion of this ordinance 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 ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, sub- section, sentence, clause, phrase or portion thereof irrespec- tive of the fact that any one or more section, subsections, sentences, clauses, phrases or portions to be declared invalid or unconstitutional. SECTION 15: 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 of such ordinance relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations there- under appertaining shall continue in full force and effect. ADOPTED by the City Council of the City of Santa Ana on the 5th following vote: AYES: NOES: day of June , 1978 by the COUNCILMEN: Ward, Brandt, Bricken, 0rtiz~ Yamamoto, Evans~ Garthe COUNCILMEN: None ATTEST: ABSENT: CLERK OF THE COUNCIL APPROVED AS TO FORM: