HomeMy WebLinkAbout26-City Clerk
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ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTERS
5.42 AND 12.56 OF THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE
THAT A BUSINESS LICENSE FEE SHOULD BE CHARGED ONLY FOR A
CIRCUS, RODEO OR OTHER SIMILAR EXHIBITION, EXCLUDING
PROFESSIONAL BASEBALL GAMES, WHERE FOOD BOOTHS, ENTERTAINMENT
RIDES, MIDWAY A'l"l'RACTIONS, AND THE LID, ARE CONDUCTED; TO
ELIMINATE THE PROVISION OF A NON REFUNDABLE PERMIT APPLICATION
FEE; TO ELIMINATE THE PROVISION OF A CLEAN-UP DEPOSIT; TO
PROVIDE FOR A DEPOSIT FOR USE OF BARRICADES; AND REPEALING
SECTION 12.56.040 SUBSECTION C.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1. Section 5.42.010 of the San Bernardino
Municipal Code i. amended to read a. follow.:
"5.42.010 Circu., rodeo, carnival, or other exhibition.
Every person, firm or corporation conducting, managing or
carrying on a circus, rodeo, carnival, or other exhibition,
excluding professional baseball games, at which food booths,
entertainment rides, midway attractions, and similar
undertakings are conducted, except nonprofit or charitable
organizations conducting such enterprises without a commercial
operator, shall pay twenty-five dollars per event, or fifty
20 dollars annually. In addition, the operator shall be
21 responsible for and shall tender the established fees pursuant
22 to Section 5.04.370 of this Code for all individual food
23 booths, rides, midway attractions and other concessions to be
24 operated under licensee's juriSdiction. Such fees shall be
25 ~endered at the time payment for the license is sought, except
26 that, where an annual license has been obtainedr fees for such
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individual operations shall be paid by the operator prior to
the opening of each event."
SECTION 2. Section 5.42.030 of the San Bernardino
Municipal Code is amended to read as follows:
"5.42.030 Approval of license by Chief of Police.
The Chief of Police shall consider each application, and
if satisfied as to the moral character and integrity of the
applicant, and that the site proposed is properly zoned and
suitable for such purpose, he or she shall grant approval of
the license applied for, under such conditions as he or she
deems appropriate. The conditions may provide that the Chief
of police shall have the power, upon finding that any
condition of the license is not being complied with or that
the conduct of the event is conducted in violation of state
law or municipal ordinance, to immediately revoke such
license. Before issuing any such permit, license or other
permission to proceed, the Chief of Police shall obtain the
recommendations of all departments affected by the proposed
activity, and consider the recommendations of such
departments. The Chief of Police shall also require, prior to
the granting of any such permit, license or permission, that
advance payment be made of all fees contained in Section
5.42.010."
SECTION 3. Section 12.56.120 of the San Bernardino
Municipal Code is amended to read as follows:
"12.56.120. Deposit - Barricades.
2/2/87
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The sponsor of an event desiring use of barricades shall
be required to provide a deposit prior to the issuance of the
parade permit. The deposit shall be in the amount established
by resolution adopted by the Mayor and Common Council."
SECTION 4. section 12.56.040 Subsection C of the San
Bernardino Municipal Code is hereby repealed.
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I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the city of San
Bernardino at a
meeting thereof, held on
, 1987, by the following
the
day of
vote, to wit:
AYES:
council Members
NAYS:
ABSENT:
City Clerk
2/2/87
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6 Approved as to form:
The foreqoinq ordinance is hereby approved this
day 0
, 1987.
Mayor of the City of San Bernardino
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v4~.IflO~-r?
City' ttorney
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1 ORDINANCE NO. ~ ~5';;;L,
2 ORDINANCJ OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 5.42
AND AMBNDING CHAPTBR 12.56 OF THE SAN BERNARDINO MUNICIPAL CODE
3 TO PROVIDB A UNIFORM PROCEDURE FOR THE ISSUANCE OF PERMITS BY THE
4 CHIEr or POLICB rOR PARADBS, CIRCUSES, RODBOS, CARNIVALS, OR
OTHER EVENTS, AND REPEALING SECTIONS 2.02.100 AND 5.04.175.
5 THE MAYOR AND COMMON COUNCIL OF THB CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS.
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i SECTION 1. Cbapter 5.42 is added to the San Bernardino
8 Municipal Code to read as followss
9 .Chapter 5.42
10 OOTDOOR ENTBRrAINMBNr
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exhibition.
5.42.010
rodeo, carnival, 0
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17 or carrying on
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12 A. Bvery person,
13 or carry:l.,nC) on a circus,
r 4 seatin9 c:~,.,~.city of more
15 hundred 1l0Hars per day.
corporat conductin9, aana9in9
similar exhibition with a
ousand persons sball pay two
B.
r.vea:y
orporation conductin9, mana9ing
other similar exhibition having .
a seatin9 capacity of four
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hundred dollars per day.
C. Every person,
a circus proce..lon or
for conduc~in9, aan&9
limits of tbe City
or carryin9 on a
managin9
not having a license
within the
pay two hundred dol
for each such
procession ~r par e, and shall comply with tb provisions of
Chapter 12..~5.
D.
rson, firm or corporation conduct n9, managing
a carnival at whicb food booths, ent
or carrY1n9
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a comm.rcial op.rator, shall
or fifty dollars annually. In
be responsible for and
pursuant to S.ction 5.04.370 of
midway
b. op.rated under licensee's
at the tim. payment
i. .OU9ht, that, where .n annual
ed, f.e. for .uch individual oper.tion.
r to the openin9 of
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9 juri.diction.
10 for the carnival
11 lic.n.e has b.en
12 shall be paid by the
13 each event.
14 5.42.020 rilin9 of written applic.tion.
15 Any applicant for a license under this section shall first
16 file a written application therefor s.ttin9 forth the followin9:
17 A. A description of tbe place or property, includin9 the
18 name and addre.. of its own.r, wb.re such busin.ss is to be
19 conducted, if an annual licen.e is SOU9bt for u.e in various
20 locations, each .eparate ev.nt shall b. subject to r.view by the
21 Cbi.f of pOllc.... to appropriate location,
22 B. Tb. n.... and addr..... of tbe own.r or operators of the
23 bu.in....
24 5.42.030 Approval of licen.e by Chi.f of polic..
25 Th. Cbief of police . .acb application, and if
26 satisfied a. to the int.9rity of the
27 applicant, and that the sit
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rid.s, midway attractions,
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2 conduct.d, except nonprofit
3 conductin9 sucb .nterpr is.s
pay twenty-five dollars p.r e
addition, the carnival operato
sball t.nder the .stablished
this Code for all individua
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1 suitable for
2 license applied for, under
3 appropriate.
4 shall have the
5 license is not
6 event is conducted in v
i ordinance, to immediately
8 any such permit, license or
9 Chief of police shall obtai
10 departments affected by t e
11 recommendations of such epartment .
12 also require, prior
13 or permission, that
14 and costs to be in
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16 permission
17 advance of
18 any fees or arges otherwise due and
19 5.42.040 Annual citrus fair.
20 Tbe revenue provisions of this section, but not the
21 r~ulatory provisions thereof, sball apply to activities
22 conducted durin9 tbe annual citrus fair beld under tbe auspices
23 of tbe National Orange Sbow on its sbow 9rounds.
24 5.42.050 Appeal of decision of Chief of police.
25 Any decision of the Cbief of police may be appealed as set
26 fortb berein.
27 A. Any applicant a99rieved by tbe decision of tbe Chief of
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approval of the
or sbe deems
tbe Cbief of Police
, upon findin9 th any condition of the
that the conduct of the
municipal
sucb license. Before isSUin9
proceed, the
e recommendations of all
activity, and consider tbe
Tbe Cbief of Police sball
any sucb permit, license
payment made of all fees, charges
expected to e incurred by the City
activity. No such pe mit, license or
9ranted to any entity payment in
tbe City, plus
he or she shall
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1 police with reference to the issuance, conditional issuance or
2 denial of a permit, may appeal to the Common Council in
3 accordance with the provisions of Chapter 2.64.
4 B. If there is insufficient time for a timely appeal to be
5 heard by the Common Council prior to the date on which the event
6 is scheduled, the applicant may, at his or her option, request an
7 appeal before the City Administrator. The City Administrator, or
8 his or her designee, shall hold a hearing no later than two
9 business days after the filing of the appeal, and will render his
10 or her decision no later than one business day after bearin9 the
11 appeal. If the appeal is heard before the City Administrator,
12 the City Administrator's decision shall be final. The City
13 Administrator may impose any conditions upon approval which the
14 Chief of police could have imposed.-
15 SECTION 2. Chapter 12.56 of the San Bernardino Municipal
16 Code is amended to read as follows:
17 -12.56.010 Definition of parade.
18 'Parade' .eans a march, procession or athletic event
19 consisting of people, ani.als, vehicles, or any combination
20 thereof, on any City street, sidewalk, alley or other public
21 right-of-way, wbich interferes with the normal flow of pedestrian
22 or vehicular traffic or does not comply with traffic laws or
23 controls.
24 The definition of parade does not include the following:
25 A. runeral processions.
26 B. parades of forty or fewer pedestrians marching along a
27 route which is restricted to sidewalks and crossing streets only
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1 at pedestrian crosswalks or street corners in accordance with
2 traffic regUlations and controls, provided that pedestrians
3 participating in the parade shall cross streets in units of
4 fifteen or fewer persons and allow vehicles to pass between such
5 units.
6 C. Parade., athletic events or other special events
i occurring exclusively on City property for which another type of
8 City permit is Obtained.
9 12.56.020 permit required.
10 It is unlawful for any person to conduct, manage or
11 participate in any parade without a written permit first having
12 been secured forll tbe Cbief of police.
13 12.56.030 Interference witb parade.
14 It is unlawful for any person to knowingly join or
15 participate in any parade in violation of any terms of tbe permit
16 for tbe parade, join or participate in any permitted parade
17 witbout the consent of the parade sponsor, or in any manner
18 interfere with tbe progress or orderly conduct of tbe parade.
19 12.56.040 permit application procedure.
20 A. Any person desiring to conduct a parade sball file a
21 verified appllcation for a permit at the office of the Chief of
22 pollee not less than ten working days nor more tban six months
23 before the date on whicb tbe parade is proposed to be conducted.
24 B. If an application is filed after the filing deadline,
25 tbe Cbief of police shall immediately investigate to determine if
26 be or she has sufficient time to process tbe application, to
27 investigate tbe effect of the parade on traffic and other
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1 conditions, and to obtain pOlice services for the event. The
2 applicant may demonstrate that the circumstances giving rise to
3 the parade did not reasonably allow the participants to file for
4 a permit within the time prescribed and that imposition of the
5 time limitation would unreasonably restrict the right of free
6 speech. If such a demonstration is made to the reasonable
7 satisfaction of the Chief of Police, he or she shall issue a
8 permit despite the lack of ten days' advance notice.
9 C. The appHcaU
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11 of proce..ing
12 and Co_on Co
13 12.56.050 Contents of permit application.
14 A. The application for a parade permit shall provide the
15 following information I
16 1. The name, address, and telephone number of the
17 applicant, the sponsoring organization, the parade chairperson,
18 and an alternate contact person. The Chief of Police may require
19 a written authorization from an officer of the sponsoring
20 organization.
21 2. A state.ent of the nature or purpose of the event.
22 3. The date and the estimated starting and ending time
23 of the parade.
24 4. The location of the proposed parade assembly area,
25 disbanding area, and the route proposed for the parade.
26 5. The type and estimated number of participants,
27 vehicles, animals, and floats. Bach float shall be described in
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by a non-
the cost
n of the Mayor
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1 terms of its width, height, power source, and speed. The number
2 of participants in each marching unit shall be given and any
3 sound amplifying equipment proposed for use shall be described.
4 6. The training and instructions to be given to parade
5 participants, the number and location of parade monitors to be
6 employed or utilized, and arrangements for parking which will be
i made.
8 B. Copies of the parade application shall be furnished by
9 the Chief of Police to the City Administrator, Pire Chief, any
10 affected transit company, and other City departments or entities
11 that will be affected by the parade. Based on tbe information
12 supplied, the Chief of police sball determine and have tbe power
13 to specify as a condition oftbe permit tbe location of water and
14 aid stations, policing requirements, traffic routing, provision
15 for sanitary facilities, and other conditions reasonably
16 necessary to ensure tbe safety of participants, spectators, and
17 police and fire personnel, to provide for tbe public bealth and
18 safety and to ensure minimum interference with business of the
19 public.
20 12.56.060 conditions to permit.
21 As a condition to granting a parade permit, tbe Cbief of
22 police may impo.e reasonable require..nts concerning the time and
23 place of tbe parade, the area and manner of assembling and
24 disbanding the parade, the route and spacing of all units, the
25 maximum lengtb of the parade, tbe maximum and minimum speed, the
26 stop. permitted, accommodation of otber traffic, the number and
27 type of vehicles, levels of sound amplification and other
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1 requirement. found nece.sary for the protection of persons and
2 property and for control of traffic. The Chief of police shall
3 develop uniform regulation. for perade., which shall be submitted
4 to the Mayor and Co-.on Council for their approval.
5 12.56.070 Issuance or denial of per.it.
6 In accordance with standard. uniformly applied to similar
7 conditions, the Chief of police shall issue the permit
8 conditioned upon the applicant's written agreement to comply with
9 any terms of the permit, unless the permit is denied on any of
10 the following grounds,
11 A. An application received prior in time has been approved
12 for the same time and place reque.ted by the applicant or at a
13 time and place so close a. to cause undue traffic congestion or
14 exceed the ability of the City to provide police and other
15 services for both events.
16 B. The time, route, or size of the event will substantially
17 interrupt the .afe and orderly move.ent of traffic in contiguous
18 areas or will disrupt the use of streets at a time of usual
19 traffic congestion.
20 C. The concentration of person., animals and vehicles for
21 parade purpose. will prevent proper police, fire, or ambulance
22 .ervice to contiguous areas.
23 D. The parade is of a size or nature that requires a
24 diversion of so great a number of police officers to police the
25 line of march and contiguous area. that it will prevent
26 rea.onable police protection to the re.ainder of the City.
27 E. The location of the parade will substantially interfere
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1 with con.truction or maintenance work scheduled upon or along the
2 City streets or will interfere with a previously granted
3 encroachment permit.
4 P. The time, route and size of the parade will unreasonably
5 disrupt the movement of other traffic.
6 G. Information contained in the application or any
7 supplemental information furnished is found to be intentionally
8 false in any mat.rial detail or th. applicant fails to complete
9 th. application aft.r having b..n notified of additional
10 information that i. r.quired.
11 B. The applicant fail. or refu.e. to comply with .ny
12 condition re..on.bly impo.ed on the gr.nting of the permit in
13 order to en.ure the ..fety of event p.rticipants, members of the
14 Police Dep.rtment or the public, or to ensure the orderly flow of
15 traffic, or to avoid the likelihood of harm to public or private
16 property, provided that nothing in this section authorizes the
17 Chief of police to impose conditions which unre..onably interfere
18 with the right of fre. .pe.ch.
19 12.56.080 Altern.tiv. to denial.
20 When the ground. for denial of an application can be
21 corrected by.ltering the dat., time, duration, route, or
22 loc.tion of tbe event, the Chief of Polic. .hall, inst.ad of
23 d.nying the .pplic.tion, condition.lly .pprove the .pplication
24 upon the applic.nt'. .cc.pt.nce of condition. of permit issuance.
25 The condition. impo.ed .h.ll provide only for .uch modifications
26 of the .pplic.nt'. propo.al a. .r. n.c....ry to .chi.ve
27 compli.nc. with s.ction 12.56.070.
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1 12.56.090 Appeal.
2 A. Any applicant aggrieved by the decision of the Chief of
3 police with reference to the issuance, conditional issuance or
4 denial of a permit, may appeal to the Common Council in
5 accordance with the provisions of Chapter 2.64.
6 B. If there is insufficient time for a timely appeal to be
7 heard by the Common Council prior to the date on which the event
8 is scheduled, the applicant may, at his or her option, request an
9 appeal before the City Administrator. Tbe City Administrator, or
10 his or her designee, shall hold a hearing no later than two
11 business days after tbe filing of the appeal, and wi~l render bis
12 or her decision no later than one business day after bearing the
13 appeal. If the appeal is heard before the City Administrator,
14 the City Administrator's decision shall be final. The City
15 Administrator may iapose any conditions upon approval which the
16 Chief of police could have imposed.
17 12.56.100 Contents of permit.
18 In each permit, tbe Chief of Police sball prescribe:
19 A. The date, ti.e, route or location,
20 B. Coa4itions concerning time and place of assembly, start,
21 finish and disbanding of the parade,
22 C. Conditions concerning accommodation of pedestrian or
23 vehicular traffic, spectators, and the portion of streets to be
24 traversed,
25 D. aequire.ents for first aid or sanitary facilities,
26 B. aequirements for use of event monitors and prOVision of
27 notice of permit conditions to event participants,
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1 P. aestrictions on the number and type of vehicles,
2 animals, or structures in the parade and inspection of floats,
3 structures, and decorated vehicles for fire safety I
4 G. Compliance with animal protection ordinances and lawsl
5 H. aequirements for sanitary facilities, clean-up and
6 restoration of City propertYI
7 I. Restrictions on use of amplified sound, and
8 J. Such other requirements as are found to be reasonably
9 necessary for the protection of persons and property.
10 12.56.110 aevocation of permit.
11 Any permit for a parade issued pursuant to this chapter may
12 be summarily revoked by the City Administrator or Mayor and
13 Common Council at any time or by the Chief of Police on the date
14 of the parade when by reason of a present or prospective
15 disaster, riot, pUblic calamity, or other emergency, it is
16 determined that the safety of persons or property requires such
17 revocation. When any permit is revoked pursuant to the
18 provisions of this chapter, the permit shall be reinstated as
19 soon as the conditions constituting the emergency have abated.
20 12.56.120
21 A. The sponsor
22 beverages, ecea:lon 0
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2.
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clean-up deposit
clean-up deposit
resolution adopted
deposit shall be r
event involving the service of food or
use of horses or other large
shall be required to provide a
the issuance of the parade permit. The
the amount established in a fee
Common Council. The clean-up
parade if the area used for
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1 tb. par ad. bas b
2 .xisted prior to
3 B. If tb. pr
4 not been properly c
5 sball b. billed for
6 for clean-up and r
7 applied toward pa
restored to the same condition as
8 clean-up d.posi t ,
9 City. Any nc.s
10 sponsor.
11 12.56.130 IDd.-nificatioa .'[....at.
12 Prior to tb. is.u.nc. of a parade permit, tb. per.it
13 applic.nt and autborized offic.r of tb. sponsoring organization,
14 if any, must sign an agre.m.nt wbich shall provide tbat the
15 permitt.e/sponsoring organization shall d.fend the City against,
16 and indemnify and hold the City harmless from, any liability to
17 any p.rsons r.sulting from any damage or injury occurring in
18 conn.ction witb tb. permitted .v.nt proximately caused by the
19 actions of tb. per.itt../sponsoring organization, its officers,
20 employ.e. or .,.nt., or any penon wbo wa. und.r the
21 per.itt..../.pon.oring olganization's control insofar as
22 permitted by 1.". penons wbo m.rely join in a parade an not
23 con.id.red by tb.t r.a.onalone to b. .und.r the control. of the
24 p.rmitt../.pon.oring organization.
25 12.56.140 Insuranc..
26 A. Tb. applicant/spon.or of a par ad. must po.s.ss or obtain
27 public liability insuranc. to prot.ct against the loss from
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right-of-way used by the parade has
aned and re.tored, the sponsor of the parade
he actual cost to the City of San Bernardino
and tbe clean-up deposit shall be
Should tbe costs exceed the
sball be due and payable to the
shall be refunded to the
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1 liability i.po.ed by law for damages on account of bodily injury
2 and prop.rty damag. arising from the parade. Such insurance
3 sball name on the policy or by .ndors...nt as additional insureds I
4 the City of San B.rnardino, its offic.rs, employe.., and agents.
5 Insuranc. coverage mu.t b. maintained for the duration of the
6 .vent .
7 Cov.rag. .ball b. a compr.h.n.iv. g.neral liability
8 insuranc. policy. Th. minimum limit. required .hall b. one
9 million dollars for .ach occurr.nc. of bodily injury and two
10 hundred fifty thou.and doll.r. for ..ch occurr.nc. of property
11 dam.g..
12 If food or non-.lcoholic b.ver.g.s .r. .old or ..rv.d ,at th.
13 p.rade, the policy must .1.0 includ. an .ndor....nt for product.
14 liability in .n amount of not l..s than five hundred thousand
15 doll.rs. If alcoholic bev.rag.s .re sold or served at the
16 parade, the policy must al.o includ. an .ndors.m.nt for liquor
17 liability in an amount of not l.s. th.n five hundred thousand
18 doll.rs.
19 B. A copy of tb.policy or . c.rtific.t. of in.urance along
20 with .11 n.c....ry .ndor..m.nt. mu.t b. filed witb the Director
21 of Ri.k M.n.g...nt not le.. tb.n five d.y. b.fore tb. d.te of the
22 par ad. unl... ..id Director for good c.u.. w.iv.. the filing
23 de.dlin.. Tbe p.rad. permit .h.ll not b. i..ued by the Chief of
2. Police until .ft.r tb. in.ur.nce policy or c.rtific.t. of
25 in.ur.nc. .long witb n.c....ry .ndor....nt. h.ve been filed by
26 the .pplic.nt/.ponsor .nd approvp.d by said Director.
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C.
Tb. insur.nc. r.quire..nt. of .ubsection. A and B above
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1 sball be waived by the Chief of police for parades if the
2 following conditions are satidiec!:
3 1. The applicant or an officer of the sponsoring
4 organization signs a verified statement that he or she believes
5 the parade's purpose is Pirst Amendment espression, and that he
6 or she has determined that the cost of obtaining insurance is so
7 financially burdensome tbat it would constitute an unreasonable
8 burden on the right of Pirst Amendment espression, or tbat it has
9 been impossible to obtain insurance coverage. Tbe statement
10 shall include the name and address of one insurance agent or
1] other source of insurance coverage contacted to determine
12 insurance premium rates for insurance coverage.
13 12.56.150 Penalties.
14 Any person violating any provision of this cbapter is guilty
15 of an infraction, which upon conviction thereof, is punishable in
16 accordance with the provisions of Section 1.12.010 of this Code.
17 Criminal prosecution for a violation of this chapter does not
18 preclude the City from pursuing any available civil remedies
19 arising from any activity regulated by tbis cbapter.-
20 S~IOR 3. Sections 2.02.100 and 5.04.175 of the San
21 Bernardino Municipal Code are hereby repealed.
22 I SZRlBY CBRTIPY that tbe foregoing ordinance was duly
23 adopted by the Mayor and CODon Council of the City of San
24 Bernardino at a .eeting tbereof, held on
25 the I ;#, day of L?nhy , 198 t , by the
26 following vote, to witl
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AYES.
NAYS,
ABSEN'l'.
City Clerk
The foregoing ordinance i. hereby approved this
day
, 198
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Mayor of the City of San Bernardino
12 Approved a. to form.
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City At orney
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