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HomeMy WebLinkAboutMC-522 > . . 1 2 3 4 ORDINANCE NO. MC-522 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 5.42 AND AMENDING CHAPTER 12.56 OF THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE A UNIFORM PROCEDURE FOR THE ISSUANCE OF PERMITS BY THE CHIEF OF POLICE FOR PARADES, CIRCUSES, RODEOS, CARNIVALS, OR 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: 9 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. 16 B. Every person, firm or corporation conducting, managing 17 or carrying on a circus, rodeo or other similar exhibition having 18 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 procession 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 24 procession or parade, and shall comply with the provisions of 25 26 Chapter 12.56. D. Every person, firm or corporation conducting, managing 27 or carrying on a carnival at which food booths, entertainment 28 1 ~', . MC-5ZZ'" " 1 rides, midway attractions, and similar undertakings are conducted, except nonprofit or charitable organizations 2 conducting such enterprises without a commercial operator, shall 3 pay twenty-five dollars per event, or fifty dollars annually. In 4 addition, the carnival operator shall be responsible for and 5 shall tender the established fees pursuant to Section 5.04.370 of 6 this Code for all individual food booths, rides, midway 7 attractions and other concessions to be operated under licensee's 8 jurisdiction. Such fees shall be tendered at the time payment 9 for the carnival license is sought, except that, where an annual 10 11 license has been obtained, fees for such individual operations shall be paid by the carnival operator prior to the opening of 12 each event. 13 14 15 5.42.020 Filing of written application. 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 name and address of its owner, where such business is to be 18 conducted; if an annual license is sought for use in various 19 20 locations, each separate event shall be subject to review by the Chief of Police as to appropriate location; 21 22 B. The names and addresses of the owner or operators of the 23 bus iness. 24 25 5.42.030 Approval of license by Chief of Police. 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 28 2 I ..... MC-522 . ",' 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 28 3 MC-522 ] 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 hearing 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' 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 2] 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 26 27 28 A. Funeral processions. B. Parades of forty or fewer pedestrians marching along a route which is restricted to sidewalks and crossing streets only 4 I MC-522. 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 interfere 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 28 5 MC-522' I 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 II 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. A statement 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. Each float shall be described in 28 6 MC...,522 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 7 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 12 supplied, the 13 to specify as 14 aid stations, 15 for sanitary 16 necessary to 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 25 26 27 28 disbanding the parade, the route and spacing of all units, the maximum length of the parade, the maximum and minimum speed, the stops permitted, accommodation of other traffic, the number and type of vehicles, levels of sound amplification and other 7 MC~522 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 28 8 HC-:S22 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. 20 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 26 of the applicant's proposal as are necessary to achieve 27 compliance with Section 12.56.070. 28 9 KC-'522 ] 2 3 4 5 6 12.56.090 Appeal. A. Any applicant aggrieved by the decision of the Chief of Police with reference to the issuance, conditional issuance or denial of a permit, may appeal to the Common Council in accordance with the provisions of Chapter 2.64. 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 is scheduled, the applicant may, at his or her option, request an appeal before the City Administrator. The City Administrator, or ]0 his or her designee, shall hold a hearing no later than two ]1 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; 25 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; 28 8 9 10 MC-522 1 2 3 4 5 6 F. Restrictions on the number and type of vehicles, animals, or structures in the parade and inspection of floats, structures, and decorated vehicles for fire safety; G. Compliance with animal protection ordinances and laws; H. Requirements for sanitary facilities, clean-up and 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 25 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 28 11 MC~522 .' 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 orgonization'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 28 12 MC-522 1 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 ana <'ppr (l'lf'd by said Director. 27 28 C. The insurance requirements of subsections A and B above 13 ,MC-522 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 6 , by the 24 Bernardino at a reQular 25 the 19th day of May 26 following vote, to wit: 27 28 14 KC-522 . . -. 1 2 3 4 5 6 7 8 AYES: Council Members Estrada. Hernandez. Marks, Ouiel. Frazier. Strickler NAYS: None ABSENT: _rQ~P9jl.M~mber Reilly ~~~~ ,/ City Clerk The foregoing ordinance is hereby approved this -2Q~ day of 9 10 11 May , 198 6 12 Approved as to form: ;k~. an Bernardino 13 14 I/'/:/~LJ ~~~ ~ey 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15