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HomeMy WebLinkAboutNS-2528 - Santa Ana Municipal Code Relating to Parades, Adding Sections 10-22 ...ORDINANCE NO. NS- 2528 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTAANAAMENDING SECTIONS 10-7 THROUGH 10-19 AND ADDING SECTIONS 10-20 AND 10-21 OF THE SANTA ANA MUNICIPAL CODE RELATING TO PARADES, ADDING SECTIONS 10-22 THROUGH 10-22.14 OF THE SANTA ANA MUNICIPAL CODE RELATING TO SPECIAL EVENTS ON CITY OWNED PROPERTY, AND AMENDING SECTION 41-191.5 OF THE SANTA ANA MUNICIPAL CODE RELATING TO JUDICIAL RELIEF FOR PERMIT PROCEEDINGS AFFECTING EXPRESSIVE CONDUCT PJC/4-07-03 THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: Currently, Sections 10-7 through 10-19 of the Santa Ana Municipal Code set forth the permit requirements for conducting a parade within the City of Santa Ana on public property. B. It is appropriate to amend the ordinance to comply with changes in the law. C. It is appropriate to add Section 10-20 to allow for cost recovery and Section 10-21 to make a violation of the chapter a misdemeanor. In order to provide for the temporary use of public property and ensure orderly conduct, it is necessary to establish a permit process for special events held on City owned property by adding Sections 10-22 through 10-22.14 tothe Santa Ana Municipal Code. Currently, Section 41-191.5 sets for the judicial relief for permit proceedings affecting expressive conduct. It is necessary to add Parades and Special Events to those other proceedings affecting expressive conduct for which judicial review is available. F. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of section 418 of the Ordinance No. NS-2528 Page 1 of 15 Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 2. The City Council has reviewed and considered the information contained in the initial study and the negative declaration prepared with respect to this Ordinance. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a Negative Declaration adequately addresses the expected environmental impacts of this Ordinance. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment. The City Council hereby certifies and approves the negative declaration and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1 ), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. Sections 10-7 through 10-19 of the Santa Ana Municipal Code are hereby amended and Sections 10-20 and 10-21 are hereby added relating to parades on public property in the City of Santa Ana: Sec. 10-7. Parades--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, sidewalk 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. Ordinance No. NS-2528 Page 2 of 15 Sec. 10-8. Same--Permit required. No person shall engage in, conduct or carry on the activity of a parade without a permit issued under the provisions of this chapter. Sec. 10-9. Same--Application for permit. (a) Each application for a permit to conduct a parade shall be accompanied by proof that a nonrefundable fee as established by resolution of the city council has been deposited with the Police Department 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 information: (1) The name, address and telephone number of the person seeking to conduct a parade; (2) If the parade is proposed to be conducted for, on behalf of or by an organization, the name, address and telephone number of the headquarters of the organization, and of the responsible officer of such organization; (3) The name, address and telephone number of the parade chairman, or the person otherwise responsible for its conduct (such person shall be present during the entire parade); (4) The date on which the parade is to be held; (5) The route to be traveled, if any, including the starting point and termination point; (6) The approximate number of persons, animals, and vehicles taking part in the parade, including the type of animals and description of vehicles; (7) The approximate hours at which the parade will start and terminate; Ordinance No. NS-2528 Page 3 of 15 (8) Whether such parade will occupy all or only one-half (1/2) of the width of the streets proposed to be traversed; (9) The location by streets or 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 or 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. Sec. '10-10. Costs and indemnity. Prior to issuance of any permit pursuant to section 10-12, the city manager shall require: (a) That the applicant and any other persons, organizations, firms or corporations 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. Sec. '10.'11. Notification. Upon receipt of the application, the city manager shall 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 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. Sec. 10-12.1ssuance of permit. The city manager shall issue a permit for a parade upon a finding that: Ordinance No. NS-2528 Page 4 of 15 (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 a nd 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 expeditiously and without unreasonable delays enroute; (f) The parade is not proposed for a time and location for which another parade permit has been previously issued; (g) The proposed area for the parade or for the set-up or dispersal of the parade could physically accommodate the number of participants expected to participate in the parade, as reflected in the application completed and submitted pursuant to the requirements of this chapter. Sec. 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. The city manager s hall within fifteen (15) days after t he filing o f such application a ct 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 Ordinance No. NS-2528 Page 5 of 15 reasons for his denial of the permit. Failure to act within the specified time period shall be deemed a denial. Sec, 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. Any judicial relief sought upon a final decision shall be in accordance with Section 41-191.5. Sec. 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 fraction 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. Sec. '10-16. Conduct of permittee. (a) 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 Ana. Each permit'tee 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. Ordinance No. NS-2528 Page 6 of 15 (b) Signs-Any signs with supports, shall have supports, which are made of wood, blunt at each end, not exceed 40 inches in length, be 1/~ inch or less in thickness and 2 inches or less in width. (c) No person shall carry, possess or wear any gas mask or similar device designed to filter all air breathed and that would protect the respiratory tract and face against irritating, noxious or poisonous gases. (d) Use of amplification devices shall be prohibited unless specifically allowed via conditions on the permit. Sec. 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. Sec. 10-18. Revocation of permit. The city manager may revoke a parade permit issued pursuant to this ordinance [sections 10-7 through 10-21] if the manager finds that any term, condition, restriction or limitation of such permit has been violated, or if the manager finds that as a result of changed circumstances any one (1) or more of the standards specified in section 10-12 has not been satisfied. Notice of such action revoking a permit shall be delivered in writing to the permittee by personal service or by registered mail. Appeal from any such revocation may be taken as hereinbefore specified in section 10-14. Sec. '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 ordedy conduct. Sec. 10-20. City's costs t o b e p aid b y person o r organization responsible f or parade. A permittee under the provisions of this chapter shall reimburse the city for all traffic control costs incurred in connection with diverting traffic due to the closure of streets. These costs shall be established by the city council by resolution from time to time. No fee shall be charged based upon the need for security or increased police protection due to the nature of the parade. Ordinance No. NS-2528 Page 7 of 15 Sec. 10-21. Penalty for violation Any violation of this chapter or the terms or conditions of a parade permit by the permittee or any participant in a parade is a misdemeanor. Section 4. Sections 10-22 through 10-22.14 of the Santa Ana Municipal Code are hereby added relating to temporary special events held on public property in the City of Santa Ana: Sec. 10-22. Special Events--Definitions. As used in this article, the following definitions shall apply: (a) "Special Event" means the temporary use of public property for the purpose of conducting certain outdoor, short-term events and includes, but is not limited to, promotional or fund-raising activities, athletic or sporting events, art shows, sidewalk sales, live musical events, community celebrations and observances, or neighborhood activities such as block parties, which are conducted in whole or in part on City-owned or controlled public property. The term "special event" does not include events conducted at Eddie West Stadium, to the extent governed by Article 6 of Chapter 2 of this Code, or to events conducted at City parks, recreation or community facilities to the extent governed by Article 6 of Chapter 2 of this Code, or to events conducted at City parks, recreation or community facilities to the extent governed by Chapter 31 of this Code, or to events as governed by Section 41-195.5 of this Code. Sec. 10-22.1. Same--Permit required. No person shall engage in, conduct or carry on the activity of a special event without a permit issued under the provisions of this chapter. Sec. 10-22.2. Same--Application for permit. (a) Each application for a permit to conduct a special event shall be accompanied by proof that a nonrefundable fee as established by resolution of the city council has been deposited with the Police Department for the purpose of paying the cost of processing said application. (b) Any person desiring to conduct a special event shall apply to the city manager for a permit at least thirty (30) days in advance of the date of the proposed special event. The city manager may, for good cause shown, and upon payment of an accelerated processing fee, consider any application for a permit to conduct a special event which is filed less than thirty (30) days prior to the date such special event is to be conducted. Ordinance No. NS-2528 Page 8 of 15 The application for such permit shall be on a form provided by the city manager, shall be verified, and shall contain the following information: (1) The name, address and telephone number of the person seeking to conduct a special event; (2) If the special event is proposed to be conducted for, on behalf of or by an organization, the name, address and telephone number of the headquarters of the organization, and of the responsible officer of such organization; (3) The name, address and telephone number of the special event, or the person otherwise responsible for its conduct (such person shall be present during the special event); (4) The date on which the special event is to be held; (5) The route to be traveled, if any, including the starting point and termination point; (6) The approximate number of persons, animals, and vehicles taking part in the special event, including the type of animals and description of vehicles, and any amplified sound systems to be used; (7) The approximate hours at which the special event will start and terminate; (8) Whether alcohol is to be served or sold; (9) The location by streets or assembly and disassembly of such special event; (10) A petition signed by all the residents or businesses affected by the special event; (11) A site plan showing what public property will be used and where any items will be placed on public property; (12) An agreement that the city shall be compensated for any damage to public property, and that the site shall be cleaned and restored to the condition in which it was found prior to the holding of the special event, or compensate the city for any and all associated clean-up costs; Ordinance No. NS-2528 Page 9 of 15 (13) 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. Sec. 10-22.3. Indemnity and Insurance. Prior to issuance of any permit pursuant to section 10-22.5, the city manager shall require: (a) That the applicant and any other persons, organizations, firms or corporations 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 special event or its participants. (b) Prior to issuance of any permit required by section 10-22.1, the city manager shall require that the applicant shall have obtained a comprehensive general liability insurance policy or policies in a form as approved by the city attorney, issued by an insurance company or companies authorized to do business in the State of California, with coverage that includes the permitted activities and the location in which the filming or taping activities shall occur and any other area used by the applicant. 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 not be less than one million dollars $1,000,000.00) p er occurrence combined s ingle limit for both bodily injury and property damage. 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 Aha. Sec. 10-22.4. Notification. Upon receipt of the application, the city manager shall 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 the foregoing may review and Ordinance No. NS-2528 Page 10 of 15 provide a written report to the city manager within ten (10) days after the filing of such application. Immediately u pon g ranting o f a permit, t he city manager s hall transmit a copy thereof to each of the above departments. Sec. 10-22.5. Issuance of permit. The city manager shall issue a permit for a special event upon a finding that: (a) The conduct of the special event will not substantially interrupt the safe and orderly movement of traffic in the area; (b) The conduct of the special event 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 a nd vehicles in the special event will not unreasonably interfere with proper fire and police protection, or ambulance service to areas in the vicinity of the special event, its assembly area or other areas of the city; (d) The conduct of the special event is not reasonably likely to cause injury to persons or property, provoke disorderly conduct or create a disturbance; (e) The special event is not proposed for a time and location for which another special event permit has been previously issued; (f) The proposed area for the special event or for the set-up or dispersal of the special event could physically accommodate the number of participants expected to participate in the special event, as reflected in the application completed and submitted pursuant to the requirements of this chapter. Sec. 10-22.6. Permit-Granting conditions As a condition to granting such permit, the city manager may impose reasonable terms and regulations conceming: (a) The time and place of such special event; (b) The area and manner of conducting such special event; (c) The maximum number of persons participating therein; Ordinance No. NS-2528 Page 11 of 15 (d) The type of live amplified music; (e) The regulation of traffic, if required; (f) The number and type of signs, banners, and barricades to be provided by applicant, if any, together with a plan of their disposition attached to the application; (g) Whether alcohol shall be allowed; (h)Whether security guards shall be required (the minimum number is to be determined by the chief of police or his authorized representative during the application process. Under special circumstances city police officers may be required in addition to security guards. The applicant will bear the cost of the police officers) (i) And such other requirements as they may find reasonable and necessary for the protection of persons and property. Sec. 10-22.7 Denial of permit. The city manager s hall deny a n application for a special e vent permit a nd notify t he 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. The city manager s hall within f iffeen (15) days after t he filing o f such application a ct 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. Sec. 10-22.8. 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. Any judicial relief sought upon a final decision shall be in accordance with Section 41-191.5. Ordinance No. NS-2528 Page 12 of 15 Sec. 10-22.9. Contents of permit. Each special event permit issued shall specify the following information: (a) The name of the person or organization to whom issued; (b) The address and telephone number of the person or organization named on the permit; (c) The type of activity for which the permit has been issued; (d) The date, hour and location of the special event; (e) Any conditions imposed on the holding of such special event. Sec. 10-22.10, Conduct of permittee. (a) 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 Ana. Each permittee shall ensure that the person in charge of the special event will at all times carry such permit on his person during the special event. (b) Signs-Any signs with supports, shall have supports, which are made of wood, blunt at each end, not exceed 40 inches in length, be ¼ inch or less in thickness and 2 inches or less in width. Sec. 10-22.11. Revocation of permit. The city manager may revoke a special event permit issued pursuant to this ordinance [sections 10-22 through 10-22.14] if the manager finds that any term, condition, restriction or limitation of such permit has been violated, or if the manager finds that as a result of changed circumstances any one (1) or more of the standards specified in sections 10-22.5 and 10-22.6 have not been satisfied. Notice of such action revoking a permit shall be delivered in writing to the permittee by personal service or by registered mail. Appeal from any such revocation may be taken as hereinbefore specified in section 10-22.8. Sec. 10-22.12. Interference. No person shall organize, produce, direct, conduct, manage, institute or carry on any specific event without a permit first had and obtained from the city manager. No person shall promote, advertise, encourage or solicit attendance or otherwise participate in any Ordinance No. NS-2528 Page 13 of 15 way in a special event for which no permit has been issued, or for which such permit has been suspended or revoked Sec. 10-22.13. City's costs to be paid by person or organization responsible for special event. A permittee under the provisions of this chapter shall reimburse the city for all city department service charges incurred in connection with or due to the permittee's activities under the permit. These costs shall be established by the city council by resolution from time to time. Sec. 10-22.14. Penalty for violation Any violation of this chapter or the terms or conditions of a special event permit by the permittee or any participant in a special event is a misdemeanor. Section 5. Section 41-191.5 is hereby a mended to allow for judicial proceedings for permits issued for parades and special events. Sec. 41-191.5 Judicial relief for permits proceedings affecting expressive conduct. The provisions of Section 1094.8 of the California Code of Civil Procedure shall govern any application for administrative mandamus based upon final decisions rendered under the following provisions of this Code: (a) Adult businesses, Chapter 41, Article XVll. (b) Newsracks, Chapter 33, Article 5. (c) Cyber cafes, Section 41-198.200. (d) Parades, Chapter 10, Section 10-7 through 10-21 (e) Special Events, Chapter 10, Section 10-22 through 10-22.14. Section 6. 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 Aha hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Ordinance No. NS-2528 Page 14 of 15 ADOPTED this 2nd day of June 2003. ~yoe~ A. Puli~lo APPROVED AS TO FORM: Joseph W. Fletcher City Attomey Paula Coleman Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Franklin (1) ABSTAIN: Councilmembers: None (0) Alvarez, Bist, Christy, Garcia, Pulido, Solorio (6) None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-2528 to be the original ordinance adopted by the City Council of the City of Santa Ana on June 2, 2003 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: ~////.~ ~' ~.erk o~'~~ City of Santa Ana Ordinance No. NS-2528 Page 15 of 15