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CI" OF SAN BERNARD. - REQU.T FOR COUNCIL AC~N
From: Ralph H. Prince
Dept: City Attorney
Da~: April 25, 1986
Subject: permi t Issuance for Parades,
Circuses, Rodeos, Carnivals
Synopsis of Previous Council action:
4/24/86
Legislative Review Committee recommended approval of
ordinance.
Recommemted motion:
Waive further first reading of ordinance and layover for final
adoption.
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II' Signature
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Contact person: william Sabourin
Phone:
5055
Supporting !lata attached: Yes
Ward:
N/A
FUNDING REQUIREMENTS:
Amount:
None
Source:
N/A
Finance:
Council Notes:
75-0262
Agenda Item NO~ .
'CI" OF SAN BERNAR.O - REQU.T FOR COUNCIL A~ON
STAFF REPORT
Recent court decisions have called into question the
constitutionality of some provisions of our Parade Ordinance,
particularly those involving free speech and free expression
rights. This ordinance deals with parades and various outdoor
exhibitions.
The attached proposed ordinance amendment provides for issuance of
permits for a circus, rodeo, carnival or other exhibition by the
Chief of Police rather than Mayor and Common Council. Appeal of
the Chief's decision may then be taken to the Mayor and Common
Council in accordance with the provisions of Chapter 2.64, or if
there is insufficient time for an appeal to the Mayor and Common
Council, an appeal may be taken to the City Administrator, or his
designee.
Under the parade permit provisions, the Police Chief will have
authority to issue parade permits. Currently, an application for
a parade permit is submitted to the City Administrator for
approval. The delay entailed in that process renders it subject
to challenge under recent federal court decisions.
The proposed amendment to Chapter 12.56 provides:
1. issuance of a permit by the Chief of Police;
2. the information required in an application;
3. grounds for denial;
4. appeal procedures to the Mayor and Common Council, or if
there is insufficient time for an appeal to the Mayor and
Common Council, an appeal may be taken to the City
Administrator or his designee;
.5. a non-refundable permit application fee to cover the cost of
processing the application in an amount set by resolution;
6. a clean-up deposit (under certain conditions) in an amount
set by resolution;
7. an indemnification agreement;
8. public liability insurance of $1,000,000 bodily injury and
$250,000 property damage; and
9. waiver of insurance requirements if certain conditions are
satisfied.
Upon thorough review of recent court decisions, it is felt that
the proposed ordinance is constitutional and will withstand any
challenge in Court.
75-0264
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ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 5.42
AND AMENDING CHAPTER 12.56 OF THE SAN BERNARDINO MUNICIPAL CODE
3 TO PROVIDE A UNIFORM PROCEDURE FOR THE ISSUANCE OF PERMITS BY THE
CHIEF OF POLICE FOR PARADES. CIRCUSES. RODEOS. CARNIVALS. OR
4 OTHER EVENTS. AND REPEALING SECTIONS 2.02.100 AND 5.04.175.
5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
6
7 SECTION 1. Chapter 5.42 is added to the San Bernardino
8 Municipal Code to read as follows:
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10
.Chapter 5.42
OUTDOOR ENTERTAINMENT
11 5.42.010 Circus. rodeo. carnival. or other exhibition.
12 A. Every person. firm or corporation conducting. managing
13 or carrying on a circus. rodeo or other similar exhibition with a
14 seating capacity of more than four thousand persons shall pay two
15 hundred dollars per day.
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17 or carrying on a circus. rodeo or other similar exhibition having
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B.
Every person. firm or corporation conducting. managing
a seating capacity of four thousand persons or less shall pay one
19 hundred dollars per day.
20 C. Every person. firm or corporation conducting or managing
21 a circus proceaeion or circus parade. and not having a license
22 for conducting. managing or carrying on a circus within the
23 limits of the City shall pay two hundred dollars for each such
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procession or parade. and shall comply with the provisions of
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Chapter 12.56.
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D.
Every person. firm or corporation conducting. managing
27 or carrying on a carnival at which food booths. entertainment
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ri~es, midway attractions, and similar undertakings are
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conducted, except nonprofit or charitable organizations
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conducting such enterprises without a commercial operator, shall
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pay twenty-five dollars per event, or fifty dollars annually. In
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addition, the carnival operator shall be responsible for and
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6 shall tender the established fees pursuant to Section 5.04.370 of
this Code for all individual food booths, rides, midway
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attractions and other concessions to be operated under licensee's
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jurisdiction. Such fees shall be tendered at the time payment
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for the carnival license is sought, except that, where an annual
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license has been obtained, fees for such individual operationB
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12 shall be paid by the carnival operator prior to the opening of
13 each event.
14 5.42.020 Filing of written application.
15 Any applicant for a license under this section shall first
16 file a written application therefor setting forth the following:
17 A. A description of the place or property, including the
18 name and address of its owner, where such business is to be
19 conducted, if an annual license is sought for use in various
20 locations, each separate event shall be subject to review by the
21 Chief of Police as to appropriate location,
22 B. The names and addresses of the owner or operators of the
23 busineBS.
24 5.42.030 Approval of license by Chief of police.
25 The Chief of Police shall consider each application, and if
26 satisfied as to the moral character and integrity of the
27 applicant, and that the site proposed is properly zoned and
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1 suitable for such purpose, he or she shall grant approval of the
2 license applied for, under such conditions as he or she deems
3 appropriate. The conditions may provide that the Chief of Police
4 shall have the power, upon finding that any condition of the
5 license is not being complied with or that the conduct of the
6 event is conducted in violation of state law or municipal
7 ordinance, to immediately revoke such license. Before issuing
8 any such permit, license or other permission to proceed, the
9 Chief of Police shall obtain the recommendations of all
10 departments affected by the proposed activity, and consider the
11 recommendations of such departments. The Chief of Police shall
12 also require, prior to the granting of any such permit, license
13 or permission, that advance Payment be made of all fees, charges
14 and costs to be incurred or expected to be incurred by the City
15 as a result of such activity. No such permit, license or
16 permission shall be granted to any entity without full payment in
17 advance of all costs expected to be incurred by the City, plus
18 any fees or charges otherwise due and payable.
19 5.42.040 Annual citrus fair.
20 The revenue provisions of this section, but not the
21 regulatory provisions thereof, shall apply to activities
22 conducted during the annual citrus fair held under the auspices
23 of the National Orange Show on its show grounds.
24 5.42.050 Appeal of decision of Chief of Police.
25 Any decision of the Chief of Police may be appealed as set
26 forth herein.
27 A. Any applicant aggrieved by the decision of the Chief of
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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 bearing tbe
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' means a march, procession or athletic event
19 consisting of people, animals, vehicles, or any combination
20 thereof, on any City street, sidewalk, alley or other public
21 right-of-way, which 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. Funeral 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. Parades, athletic events or other special events
7 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 form the Chief of Police.
13 12.56.030 Interference with parade.
14 It is unlawful for any person to knowingly join or
15 participate in any parade in violation of any terms of the permit
16 for the parade, join or participate in any permitted parade
17 without the consent of the parade sponsor, or in any manner
18 ipterfere with the progress or orderly conduct of the parade.
19 12.56.040 Permit application procedure.
20 A. Any person desiring to conduct a parade shall file a
21 verified application for a permit at the office of the Chief of
22 police not less than ten working days nor more than six months
23 before the date on which the parade is proposed to be conducted.
24 B. If an application is filed after the filing deadline,
25 the Chief of Police shall immediately investigate to determine if
26 he or she has sufficient time to process the application, to
27 investigate the 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 permit application shall be accompanied by a non-
10 refundable permit application fee in an amount to cover the cost
11 of processing the application, as set by resolution of the Mayor
12 and Common Council.
13 12.56.050 Contents of permit application.
14 A. The application for a parade permit shall provide the
15 following information:
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.
22 3.
23 of the parade.
A statement of the nature or purpose of the event.
The date and the estimated starting and ending time
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. Each float shall be described in
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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, Fire Chief, any
10 affected transit company, and other City departments or entities
11 that will be affected by the parade. Based on the information
Chief of police shall determine and have the power
a condition of the permit the location of water and
policing requirements, traffic routing, provision
facilities, and other conditions reasonably
ensure the safety of participants, spectators, and
17 police and fire personnel, to provide for the public health 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, the Chief of
22 police may impose reasonable requirements concerning the time and
23 place of the parade, the area and manner of assembling and
24 disbanding the parade, the route and spacing of all units, the
25 maximum length of the parade, the maximum and minimum speed, the
26 stops permitted, accommodation of other traffic, the number and
27 type of vehicles, levels of sound amplification and other
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12 supplied, the
13 to specify as
14 aid stations,
15 for sanitary
16 necessary to
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1 requirements found necessary for the protection of persons and
2 property and for control of traffic. The Chief of Police shall
3 develop uniform regulations for parades, which shall be submitted
4 to the Mayor and Common Council for their approval.
5 12.56.070 Issuance or denial of permit.
6 In accordance with standards 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 requested by the applicant or at a
13 time and place so close as 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 safe and orderly movement 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 persons, animals and vehicles for
21 parade purposes will prevent proper police, fire, or ambulance
22 service 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 areas that it will prevent
26 reasonable police protection to the remainder of the City.
27 E. The location of the parade will substantially interfere
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1 with construction or maintenance work scheduled upon or along the
2 City streets or will interfere with a previously granted
3 encroachment permit.
4 F. 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 material detail or the applicant fails to complete
9 the application after having been notified of additional
10 information that is required.
11 H. The applicant fails or refuses to comply with any
12 condition reasonably imposed on the granting of the permit in
13 order to ensure the safety of event participants, members of the
14 Police Department 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 unreasonably interfere
18 with the right of free speech.
19 12.56.080 Alternative to denial.
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When the grounds for denial of an application can be
21 corrected by altering the date, time, duration, route, or
22 location of the event, the Chief of Police shall, instead of
23 denying the application, conditionally approve the application
24 upon the applicant's acceptance of conditions of permit issuance.
25 The conditions imposed shall provide only for such modifications
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of the applicant's proposal as are necessary to achieve
27 compliance with Section 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
i 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. The City Administrator, or
10 his or her designee, shall hold a hearing no later than two
11 business days after the filing of the appeal, and will render his
12 or her decision no later than one business day after hearing 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 impose any conditions upon approval which the
16 Chief of Police could have imposed.
17 12.56.100 Contents of permit.
18 In each permit, the Chief of Police shall prescribe:
19 A. The date, time, route or location,
20 B. Conditions 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,
~ D. Requirements for first aid or sanitary facilities,
26 E. Requirements for use of event monitors and provision of
27 notice of permit conditions to event participants,
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1 F. Restrictions 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,
4 G. Compliance with animal protection ordinances and laws,
5 H. Requirements for sanitary facilities, clean-up and
6 restoration of City property,
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 Revocation 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 Clean-up deposit.
21 A. The sponsor of an event involving the service of food or
22 beverages, erection of structures, use of horses or other large
23 animals, or water and aid stations shall be required to provide a
24 clean-up deposit prior to the issuance of the parade permit. The
~ clean-up deposit shall be in the amount established in a fee
26 resolution adopted by the Mayor and Common Council. The clean-up
27 deposit shall be returned after the parade if the area used for
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1 the parade has been cleaned and restored to the same condition as
2 existed prior to the parade.
3 B. If the property and right-of-way used by the parade has
4 not been properly cleaned and restored, the sponsor of the parade
5 shall be billed for the actual cost to the City of San Bernardino
6 for clean-up and restoration, and the clean-up deposit shall be
7 applied toward payment of the bill. Should the costs exceed the
8 clean-up deposit, the difference shall be due and payable to the
9 City. Any excess of the deposit shall be refunded to the
10 sponsor.
11 12.56.130 Indemnification agreement.
12 Prior to the issuance of a parade permit, the permit
13 applicant and authorized officer of the sponsoring organization,
14 if any, must sign an agreement which shall provide that the
15 permittee/sponsoring organization shall defend the City against,
16 and indemnify and hold the City harmless from, any liability to
17 any persons resulting from any damage or injury occurring in
18 connection with the permitted event proximately caused by the
19 actions of the permittee/sponsoring organization, its officers,
20 employees or agents, or any person who was under the
21 permittee's/sponsoring organization's control insofar as
22 permitted by law. Persons who merely join in a parade are not
23 considered by that reason alone to be "under the control" of the
24 permittee/sponsoring organization.
25 12.56.140 Insurance.
26 A. The applicant/sponsor of a parade must possess or obtain
27 public liability insurance to protect against the loss from
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I liability imposed by law for damages on account of bodily injury
2 and property damage arising from the parade. Such insurance
3 shall name on the policy or by endorsement as additional insureds
4 the City of San Bernardino, its officers, employees, and agents.
5 Insurance coverage must be maintained for the duration of the
6 event.
7 Coverage shall be a comprehensive general liability
8 insurance policy. The minimum limits required shall be one
9 million dollars for each occurrence of bodily injury and two
10 hundred fifty thousand dollars for each occurrence of property
11 damage.
12 If food or non-alcoholic beverages are sold or served at the
13 parade, the policy must also include an endorsement for products
14 liability in an amount of not less than five hundred thousand
15 dollars. If alcoholic beverages are sold or served at the
16 parade, the policy must also include an endorsement for liquor
17 liability in an amount of not less than five hundred thousand
18 dollars.
19 B. A copy of the policy or a certificate of insurance along
20 with all necessary endorsements must be filed with the Director
21 of Risk Management not less than five days before the date of the
22 parade unless said Director for good cause waives the filing
23 deadline. The parade permit shall not be issued by the Chief of
24 Police until after the insurance policy or certificate of
25 insurance along with necessary endorsements have been filed by
26 the applicant/sponsor and approvp.o by said Director.
27 C. The insurance requirements of subsections A and B above
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1 shall be waived by the Chief of Police for parades if the
2 following conditions are satisfied:
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 First Amendment expression, and that he
6 or she has determined that the cost of obtaining insurance is so
7 financially burdensome that it would constitute an unreasonable
8 burden on the right of First Amendment expression, or that it has
9 been impossible to obtain insurance coverage. The statement
10 shall include the name and address of one insurance agent or
11 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 chapter 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 this chapter.-
20 SECTION 3. Sections 2.02.100 and 5.04.175 of the San
21 Bernardino Municipal Code are hereby repealed.
22 I HEREBY CERTIFY that the foregoing ordinance was duly
23 adopted by the Mayor and Common Council of the City of San
meeting thereof, held on
, 198 , by the
24 Bernardino at a
~ the day of
26 following vote, to wit:
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ABSENT:
City Clerk
The foregoing ordinance is hereby approved this day
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12 Approved as to form:
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City At orney
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Mayor of the City of San Bernardino
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