HomeMy WebLinkAboutNS-1259 Not AdoptedNot Cc-'idered at this time 6/~/'
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ORDINANCE NO. NSJ
SECTIONS lO-11 THROUGH
OF PARADES AND ASSE
SETTING
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANA AMENDING SECTIONS 10-7 THROUI
THE CONDL 'ING
ON PUBLIC PROPERTY Al
FOR THE ISSUANCE OF AND
THE CITY COUNCIL OF THE CITY OF SANTA ANA iS ORDAIN AS
FOLLOWS:
SECTION l: That Section 10-7 of the S~
Code is hereby~o read as follows:
Aha Municipal
Sec. 10-7. Assemblages and
Statement of Intent.
public property -
It is the purpose of this
or unreasonable interference with the
or pedestrian travel on public ri
and use of buildings open to the public
SECTION 2: That Sect~
Code is hereby~o read as
e to regulate obstruction
age of vehicular traffic
and with the ingress, egress
rally.
.8 of the Santa Ana Municipal
Sec. 10-8. Defini
l. "Parade": As us(
march or procession consis
thereof, upon any public
building or other place op(
~ this article, parade means any rally,
)eople, animals or vehicles or combination
ghway, sidewalk, alley, park, parkway,
the public generally.
a number of persons
exhibit, or take part
open air public mi
sidewalk, alle
pl ace open
used in this article the term assembly means
ether for a common purpose to conduct, perform,
musical, theatrical, dramatic representation,
)bate, or lecture upon any public road, highway,
rkway, building or land owned by the city or other
generally.
3. "P~
authorization from
ments set forth ir
': As used in this article, permit means a written
)e chief of police evidencing fulfillment of the require-
this ordinance.
4. '~erso~": As used in this article, person is any person, firm,
partnership, a~ociat~on, corporation, company or organization of any kind.
/ .
/ SECTION 3. That Section 10-9 of the Santa Ana Municipal Code
is hereby a~ende~d as follows:
/
Sec. 10-9. Requirements for a Permit.
/ 1. No person, firm, partnership, association, corporation, company
or orga~qization may conduct a parade or assembly at a place open to the
publi~/unless a permit as provided for in this ordinance has been issued.
/ 2, Every person, firm, partnership, association, corporation,
con, any or organization who files an application, as provided herein, shall
p~ to.t.h~ C)t~ of Santa Ana the sum of Twenty-Five Dollars ($25.00), cashiers
ct~ certified check ormoney order payable to the City of Santa Ana, which
shall be paid at the time the application is filed. This sum is for the
purpose of paying the cost of processing such application and is non-refundable.
ORDINANCE NO. NS- 1259
PAGE TWO
If at any point prior to the parade or assembly, during the
parade, or assembly, or after the parade or assembly, there is a need for
expenditures by the city in the form of man hours or equipment, the cost
shall be paid by the applicant.
SECTION 4: That Section 10-10 of the Santa Ana Municipal
Code is hereby~o read as follows:
Sec. 10-tO. Application for a Permit.
1. A person seeking issuance of a permit shall file an
with the Chief of Police or his designate on forms provided.
~lication
2. Any person desiring to organize, produce, direci ,
manage, institute or carry on a parade or assembly shall, not than
twenty (20) nor more than one hundred eighty (180) days befoF the date
on which it is proposed to conduct such parade or assembly, with the
Chief of Police a verified application for permit.
3. Such application shall contain the names
the sponsoring organization, the parade or assembly chai
addresses and telephone number of the applicant and pa
man.
applicant,
and the home
or assembly chair-
4. The application shall also contain a )tion and map of
the assembly area, disbanding area and the route be travelled. In addition,
the application shall contain a reasonable estimaI the assembly time,
the starting time, and the disbanding time of th or assembly. The
application shall also contain where applicable the maximum parade length;
the total number of bands, and/or musical and the total number of sound
amplification units, including those that mounted on vehicles
or portable; the total number of marching ur and the number of members
in each unit; the number of animals, if and type; the number of floats
if any, their size, type, method of powe~ and the expected space between
each unit; and the maximum number of peF who will participate in the parade
or assembly.
5. Upon receipt of a application, the chief of police shall
transmit a copy of such application the following:
a. City Manager.~
b. Director of/~ublic Works.
/
c. Fire Chi%.
d. Traffi~Engineer.
Each of t~te above shall review the activity proposed to be
conducted, and other f~ts, circumstances and information relating to such
application, and with~h ten (10) days after the filing of each application,
make a written reporT to the chief of police. The chief of police shall
within fifteen (15)/days after such filing, grant a permit, unless the standards
in Section lO-12 o/f this ordinance have not been complied with. The refusal
of any permit by/the chief of police may be appealed ~o the City Council within
ten (10) days fdom the date of service of written notice of said refusal.
Failure to file an appeal, as provided in Chapter 3 of this Code within such
ten (10) day period, shall be construed as a waiver of the right to such
appeal.
ORDINANCE NO. NS- 12S9
PAGE THREE
SECTION 5: That the Santa Ana Municipal Code is hereby a~nded
by adding Section~to read as follows:
Sec. lO-11. Surety or cash bond and insurance.
Prior to issuance of any permit under this ordinance/,, the Chief
of Police shall require:
/
· 1. When the parade or assemblage is estimated ~X) exceed 150
persons, the deposit of a surety bond or cash bond in an amouj~t sufficient
to guarantee the payment of wages to any city employees tha~might be required
to regulate, control or assist in the parade, and to guarantee the cleaning
up of the premises or the removal of any debris left as t~te result of the
activity for which the permit was issued. When the parse or assemblage is
estimated not to exceed 150 persons; no bond shall be ~equired. The applicant,
however, remains personally liable for the above-described payments.
2. The applicant provide public li~ility insurance and property
damage insurance in the amount of $250,000.00, wr/ftten by an insurance company
licensed by the state, and in which the city is/hamed as co-insured.
SECTION 6: That the Santa Ana/~unicipal Code is hereby amended
by adding Section ~to read as follows:,/'
Sec. 10-12. Standard for/I~suance of Permit.
The chief of police shal~/issue a permit as provided for here-
under unless: ·
1. The conduct of the p~rade or assembly will substantially interrupt
~he safe and orderly movement of o~her traffic contiguous to its route, or
location.
2. The conduct of me parade or assembly will require the diversion
of so great a number of police~officers of the city to properly police the
line of movement and the areWs contiguous thereto as to prevent normal police
protection to the city.
3. The conce~ration of persons, animals or vehicles at the assembly
point will unduly interf/~re with proper fire and police protection of, or
ambulance service to, ~(~eas contiguous to such assembly areas.'
4. The c~nduct of such parade or assembly will interfere with
the movement of fir/~-fighting equipment enroute to a fire.
/
5. T~ conduct of the parade or assembly is reasonably likely
to cause injury//to persons or property.
6. / The parade or assembly is to be held for the sole purpose of
advertising ~ny product, goods, or event, and is designed to be held purely
for privat~/p~ofit. .
/ SECTION 7. That the Santa Ana Municipal Code is hereby amended
by adding Section'~ ''--~J--to read as follows:
Sec. lO-13. Denial of Permit and Revocation.
The chief of police may deny such permit, and shall make timely
notice of denial to the applicant thereof, where:
1. The chief of police after reviewing all reports and pertinent
information finds the proposed parade or assembly not to be within the standards
above specified in Section 10-12.
ORDINANCE NO. NS-1259
PAGE
FOUR
2. The chief of police may revoke a ~ermlt, and shall mak~immediate
notice of revocation to the holder thereof where, the chief of poli~ after
reviewing all reports ~nd pertinent information submitted subsequen~ to the
issuance of a permit finds the proposed parade or assembly not to~e within
the standards above specified in Section 10-12.
/
SECTION 8: That the Santa Ana Municipal Code i~ hereby amended
by adding Sectio~-~--T~]~F-to read as follows:
Sec. lO-14. Appeal, Filing of.
Appeal to the City Council shall be madey~nder the provisions
of Chapter 3 of the Santa Ana Municipal Code.
SECTION 9: That the Santa Ana Munic~al Code is hereby amended
by adding Section 10-15 to read as follows:
Sec. 10-15. Exceptions to Provisions.
No permit shall be required undYer this chapter with respect
?
to
1. Any bonafide funeral pr/~cession;
2. A governmental agencJ/~acting within the scope of its function;
3. Picketing by perso~Ys engaged in a labor dispute provided
such picketing does not take place ~n the traffic lanes of a traveled roadway,
in a public street, alley or pedes~i~ian right-of-way.
SECTION lO: Tha~the Santa Aha Municipal Code is hereby amended
by adding Section' 10-16 to read/as follows:
?
Sec. 10-16. ~iolation of Ordinance.
?
Any person ~Who wilfully fails to comply with any provision
of this chapter, or any~f the terms, conditions or regulations of the permit
issued under the authority of this chapter will be found guilty of a misdemeanor.
SECTION/Il: That the Santa Aha Municipal Code is hereby amended
by adding Section 10~17 to read as follows:
Sec~ 10-17. Penalty.
~y person convicted of a misdemeanor under the provisions
of this ordinance shall be punishable by a term not exceeding six (6) months
in the county/jail or by a fine not exceeding five hundred dollars ($500)
or by both s/dch fine and imprisonment.
~ SECTION 12: If any section, subsection, sentence, clause,
phrase or?portion of this or. dinance is for any reason held to be invalid or
unconst!(~utional by the dec~sion of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this ordin-
ance. The City Council of the City of Santa Ana hereby declares that it would
have adopted this ordinance and each section, subsection, sentence, clause,
phrase or portions thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases or portions be declared invalid or
u:consti tutional.
SECTION 13: Neither the adoption of this ordinance nor the
repeal hereby of any ordinance shall in any manner affect the prosecution
for violation of ordinances, which violations were committed prior to the
effective date hereof, nor be construed as affecting any of the provisions
ORDINANCE NO. NS-12S9
PAGE FIVE
of such ordinance relating to the collection of any such license or penalty
the penal provisions applicable to any violation thereof, nor to affect
ity of any bond or case deposit in lieu thereof, required to be posted,
or deposited pursuant to any ordinance and all rights and obligations
appertaining shall continue in full force and affect.
SECTION 14: The Clerk of the Council shall certif
of this ordinance and cause the same to be published in some dai
printed in the City of Santa Ana.
the passage
newspaper
SECTION 15: This ordinance shall take
from and after the date of its adoption.
thirty (30) days
PASSED AND ADOPTED by the City Council its
meeting held on the day of
, 1975.
ATTEST:
MAYOR
CLERK OF THE COUNCIL
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SANTA ANA )
I, FLORENCE
of the Council of the Cit
duced to said Council at
of
adopted by the
ES,
· MALONE, do hereby certify that I am the Clerk
Santa Ana; that the foregoing Ordinance was intro-
meeting held on the day
, 1975, and was at said meeting p~nd
vote, to wit:
COUNCILMEN:
COUNCILMEN:
COUNCILMEN:
APPRO/V~D AS TO FORM:
CHARLES
CLERK OF THE COUNCIL