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HomeMy WebLinkAbout1972-03-07; City Council; 6043; CMC 8.17 adds - Parade permits! 1 2 3 4 5 6 7 8 9 10 ,/ 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDINANCE NO. 6043 AN ORDINANCE OF THE CITY OF CARLSBAD ADDING CHAPTER 8.17 TO TITLE 8 OF THE CARLSBAD MUNICIPAL CODE PROYIDING FOR PARADE PERMITS. The City Council of the City of Carlsbad does ordain as follows: SECTION 1. PARADE PERMITS, ADDING CHAPTER 8.17 TO TITLE 8 OF THE CARLSBAD MUNICIPAL CODE,to read as follows: Section 8.17.010: PERMIT REQUIRED. "It shall be unlawful for any person to hold, manage, conduct, aid, participate in, form, start or carry on, any parade, march cer- emony, show exhibition, pageant or procession of any kind or any other similar display or cause or permit the same upon any public street, alley, park, sidewalk, or any other public grounds in the city unless there has first been obtained from the City Manager, a permit to do so. Section 8.17.011: APPLICATION FOR PERMIT. Any person desiring to conduct or manage a parade shall, not less than thirty (30) days before the date on which it is proposed to conduct such parade, file with the City Manager a verified application on a form furnished by the city, setting forth the foll owing information: (a) The name of the person or organization wishing to conduct such parade. I ! (b) If the parade is proposed to be conducted for, on 1 behalf of or by any organization, the name, address and .27 i/ telephone number of the headquarters of the organization and the authorized and responsible head of such organization. 28 29 30 31 32 8 (c) The name, address and telephone number of the person who will be the parade chairman and will be responsible for its conduct. -1 - 3 4 5 6 7 ii be issued. (e) The date when such parade is to be conducted. (f) The route to be traveled, the starting point and the termination point. (9) The approximate number of persons who, and 8 9 animals and vehicles which will constitute such parade; and type of animals, and a general description of the 10 I 12 13 14 vehicles. (h) The time when such parade will start and terminate. (i) Whether such parade will occupy all or only a portion of the width of the streets proposed to be traversed. (j) The location by streets of any assembly area or to assemble at any such assembly area or areas. Section 8.17.012: ISSUANCE OF PERMIT. The City Manager shall issue a permit as provided for hereunder when, after consideration of the application and after such other information as may otherwise be obtained, he finds that; (a) The conduct of such parade will not substantially interfere with the safe and orderly movements of otherscon- tiguous to its route. I (b) The conduct of such parade will not require the 15 16 32 17 18 19 20 21 22 service to areas contiguous to such assembly areas. ' - 2- 23 24 25 areas for such parade; and (k) The time at which units of the parade will begin diversion of so great a number of police officers to properly 26 I/ .27 28 29 30 31 police the line of movement and the areas contiguous thereto, as to prevent normal police protection to the city. (c) The concentration of persons, animals and vehicles at assembly points of the parade will not unduly interfere with proper fire and police protection of, or ambulance II I 6 7 81 9 10 11 32 13 15 orderly conduct or create a disturbance, and (f) Such parade is not to be held for the sole purpose of advertising the goods, wares, or merchandise of a particular business establishment or vendor. Section 8.17.013: TERMS OF PERMIT. The permit to be issued by the City Manager shall prescribe the following: (a) The name of the person or organization wishing to 16 22 23 24 25 26 28 .27 29 30 31 32 17 i responsible for its conduct. (d) The name, address and telephone number of the person or organization to whom the permit is desired to be issued. I 1 (e) (f) The date when such parade is to be conducted. The route to be traveled, the starting point and the termination point. (9) The approximate number of persons who, and animals and vehicles which will constitute such parade; and the type of animals and general description of the vehicles. I 1 (h) The time when such parade will start and terminate. ’ -3- 18 19 20 (b) If the parade is proposed to be conducted for, on or behalf of, or by an organization, the name, address and telephone number of the headquarters of the organization, and of the authorized and responsible head of such organization. (c) The name, address and telephone number of the person who will be the parade chairman and will be 8 9 10 13. 12 13 24 15 16 1'7 18 20 21 22 23 24 25 26 .27 28 29 3c 31 32 (i) Whether such. parade wtll occupy all or only a portion of the width of the streets proposed to be traversed, (j) The location by streets of any assembly area or areas for such parade; and (k) The time at which units of the parade will begin to assemble at any such assembly area or areas. Section 8.17.014: NOTICE OF REJECTION. The City Manager shall act upon the application for a parade permit within fifteen (15) days. If the City Manager disapproves the application, he shall cause to be mailed to the applicant dithin five (5) days after his decision, a notice of his action. Such notice shall be mailed to the applicant at his address as given on the application. Section 8.17.015: REQUEST FOR HEARING. If the denial of a permit is based in whole or in part dpon the date, hour or route of travel, the applicant may submit a new request proposing alternate dates, hours or routes of travel. dhen a permit is denied, the applicant may within fifteen (15) days 3f such action appeal to the City Council, filing a petition therefore with the City Clerk. Such denial shall become final if an appeal is not filed. The City Council shall designate a time for hearing the petition. The City Council may approve or dis- approve the denial of the permit. The decision of the City Council shall be final as to all issues involved. Section 8.17.016: ALTERNATE PERMIT. Within twenty-four (24) hours after completion of a hearing or denial of a permit, the City Manager shall make his order denying or granting said application or the alternative application if any, and shall notify the applicant of his action. The City Manager, in denying such application, may authorize the conduct of such parade on a date, at a time, or over a route different from that named by the applicant, and if the applicant desires to accept -4- .. 1 2 1 c 4 E U E 7 e 9 10 Il. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 .27 28 29 30 31 32 0 the proposed date, time and route, he shall, within two (2) days after notice of the action of the City Manager, file a notice of 3cceptance with the City Manager. The City Manager shall thereupon issue a permit, setting forth the terms in conformance Mith Section 8.17.013. Section 8.17.017: LATE APPLICATION. The City Manager may consider late applications. The City Yanager shall have authority, in his discretion, to consider any 3pplication for a permit to conduct a parade which is filed less than thirty (30) days before the date such parade is proposed to be conducted. Section 8.17.018: OFFICIAL TO BE NOTIFIED. Immediately upon the granting of a parade permit, the City llanager shall send a copy thereof to the following: 1. The Chief of the Fire Department. 2. The Chief of Police. 3. Director of Public Works. Section 8.17.019: INTERFERENCE WITH PARADE. No person shall, without the consent of the permittee, join ir participate in a parade, nor in any manner interfere with its irogress. Section 8.17.020: DELEGATION OF DUTIES. The City Manager, in his discretion, may delegate any or all if his functions hereunder, subject to all of the conditions 7ereto, to the Chief of Police. Section 8.17.021: VIOLATIONS. A MISDEMEANOR. It shall be unlawful for any person to violate any pro- vision or to fail to comply with any of the requirements of this 3rdinance. Any person violating any of the provisions or failing to comply with any of the requirements of this ordinance shall be guilty of a misdemeanor and shall be punished by a fine of not nore than $500, or by imprisonment for a period of not more than - 5- 2 3 4 5 6 8 9 10 II 12 13 SECTION 2. All former ordinances or parts thereof con- flicting or inconsistent with the provisions of this ordinance are hereby repealed. I SECTION 3. EFFECTIVE DATE: This Ordinance shall take I I effect and be in force on the thirty-first (31) day from and after 14 15 its adoption. SECTION 4. PUBLICATION: The City Clerk of the City of finally passed, approved and adopted at a regular meeting held on the 7th day of March, 1972, by the following vote, to wit: Carlsbad is hereby directed to cause this Ordinance to be published once in.the Carlsbad Journal, a newspaper published and of general circulation in said City of Carlsbad. First read at a regular meeting of the City Council of the City of Carlsbad held on the 15th day of February, 1972, and /I 18 19 AYES : Cmn. .Dunne, McComas, Jardine, Castro and Lewis. NOES : None. ABSENT: None. 20 21 22 24 25 26 28 29 30 31 32 - 6-