Ordinance 2699CITY OF ALAMEDA ORDINANCE NO.
New Series
2699
AMENDING THE ALAEDA MUNICIPAL CODE BY REPEALING SECTION5-29 (PARADES), OF CHAPTER (LICENSES AND PERMITS),
RELATING TO PARADE PERMITS AND ADDING A NEW SECTION 5-29
RELATING TO PERMITS FOR PARADES , ATHLETIC EVENTS AND
PUBLIC ASSEMBLIES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ALAEDA that:
Section 1 The Alameda Municipal Code is hereby amended byrepealing Section 5-29 (Parades) of Chapter V (Licenses and
permi ts), in its entirety.
section 2 The Alameda Municipal Code is hereby amended by
adding a new section 5-29 (Parades, Athletic Events and Public
Assembl ies) to Chapter V (Licenses and Permits), thereof to read:
5-29 PARDES, ATHLETIC EVENTS AND PUBLIC ASSEMBLIES.
5-29.Purpose.
The purpose of this section is to regulate parades , athletic
events and public assemblies occurring on or within a publicstreet, parking facility, sidewalk or other public right-of-waywhich obstruct , delay or otherwise interfere with the normal flow
of vehicular or pedestr fan traffic , or which do not comply withapplicable traff ic laws or controls.
5-29.Definitions.
As used in this section:
a. Appeal Body shall mean either the City Council or an
independent hearing officer selected by the City Attorney or
his/her designee. The City Attorney or his/her designee determines
which Appeal Body shall act in a given case based upon the time
available to set a hearing date.
b. Athletic event shall mean an event in which a group of
persons collectively engage in a sport or form of physical exerciseon or wi thin the public right-of-way. The term "athletic event"includes but is not limited to jogging, running, racing,
bicycling, rollerblading, and roller skating. It does not include
a group of people participating in a parade or public assembly.
c. City Manager shall mean the City Manager or his/herdesignee.
d. Contemporan eous public event or decision shall mean a
public occurrence or decision happening at the time and in the
response to which a parade is planned.
e. Event shall mean a parade , athletic event or publicassembly.
f. Free speech event shall mean an event at which the
expression of free speech rights is a reason for or purpose of theevent. "Free speech rights" means expressive activity protected by
the United states or California Constitution. (Uni ted states
Constitution, First Amendment; California Constitution, Article 1Section 2.
g.
Notify in writing shall mean providing wri tten
notification by first class mail , personal delivery, telegram orfacsimile. If a notification is provided by first class mail , it
shall be deemed received on the fifth day after deposit in the u.mail. If notification is made by personal delivery or by telegram. it shall be deemed received when the records of the process server
telegram company employee or other person effecting the delivery
indicate that a completed delivery was made. If a notification is
made by facsimile , it shall be deemed received when the transcript
of a completed deli very printed by the facsimile machine used to
made the transmission reports that the connection was . completed.
h. Parade shall mean an organized march , procession , pageantreview, ceremony or exhibition of animals , vehicles or . persons or within the public right-of-way, other than a group of people
participating in an athletic event or public assembly. The termparade" does not include public employees acting within the course
and scope of their employment , or a funeral procession.
i. Public assembly shall mean a group of people participating
in an organized activity on or within the public right-of-way,
other than a group of people participating in an athletic event or
parade. It does not include public employees acting wi thin the
course and scope of their employment.
j.
Public right-of-way shall mean a public street , sidewalk,
parking facility, or other public right-of-way.
5-29.Permit Required.
It is unlawful for a person to conduct , sponsor, advertise or
knowingly participate in a parade athletic event or public
assembly on or within the public right-of-way which obstructs
delays or interferes with the normal flow of vehicular
pedestrian traffic or which does not comply with applicable traffic
laws without an event permit. A permit is not deemed issued until
the City Manager has been notified in writing of the applicant I s
acceptance.
5-29.Application - Form and Content.
An application for an event permit shall be in formprescribed by the City Manager and shall contain all of the
information required in this section:a. Non Free Speech Event. Each application for a non free
speech event shall contain all of the following information:1. The name , mailing address , and daytime telephone
number of each of the following:
A. person (s) filing the application;B. if an organization is conducting, sponsoring,or organizing an event, the name , address , and
daytime telephone number of the organization;i. the names of the members of the board
of directors , president , chief executiveofficerleader or other head of theorganization;written documentation that the
organization has authorized submission of
the application for the event;
the person who will be present and in chargeof the event on the day of the event
(including an evening telephone number);
the name of an alternate person to contact ifan emergency arises and the applicant isunavailable (also include evening telephonenumber) .any monitors to be employed during theevent;
nature of the event.
proposed date and estimated starting and ending
ii.
2 . The
3 . The
time of the event.4. The proposed location of the event , including itsboundar ies .
and structures
to be used.8. The number , size , and material of construction of
any signs, banners displays or other equipment to be used.9. The estimated number of parking places that will be
required for the event and the proposed location for the required
parking.
The estimated number of participants.
The type and estimated number of vehicles , animals
that will be
A descr on of any sound amplification equipment
10. The location of any water , first aid , or comfort
station to be provided.11. The type and number of any vendors who will sell
food or beverages at the event. (A peddling permit is required
under Municipal Code Chapter v , Section 5-2).b. In addition to the information required in subsection (a)
of this section , each application for a parade shall contain the
following additional information:1. The time when units of the parade will begin toassemble;
The proposed assembly point for the parade
The proposed parade route;
The interval space to be maintained between units
of the parade i and
The number , type , and size of floats or othervehicles.
c. Free speech event. In addition
required in subsection (a) of this section
subsection (b), an application for a free
contain the following additional information:1. the location(s) at which the person submitting the
application expects to be during both day and night , the telephone
number(s) at such locations , and , if available , the facsimile
telephone numbers at such locations;2. if the application is being submitted on behalf of an
organization, the name of one or more persons authorized to provide
and receive notices concerning the application on behalf of the
organization together with all of the information required in the
preceding paragraph of this subsection.
to the information
and, if applicablespeech event shall
5-29.Application Fee.
Each application for an event permit shall be accompanied by
the applicable application fee. The fee is the amount needed to
defray the administrative costs of processing and reviewing the
application, as established from time to time by resolution of the
City Council.
5-29.Application Procedure and Time Requirements.
a. Non free speech event.The following procedures apply to
an event which is not a free speech event:
1. Filing.The completed application shall be filed in
the office of the City Manager. It shall be filed as early as
possible, but no later than 45 calendar days before the event. An
application may be filed up to 25 calendar days before the eventbut an applicant filing between 25-44 calendar days waives the
right to appeal a decision to deny the application or to impose
conditions upon the application.
2. Ci ty Manaqer I s decision.The City Manager shallapprove, approve subj ect to conditions , or deny the application
within ten calendar days after receipt. The City Manager shallnotify the applicant and the City Attorney of the decision in
writing, and shall attempt to notify the applicant orally. If the
application is denied or approved subj ect to conditions , both theoral and the written notifications shall describe withparticulari ty the reasons for the denial or for any conditions to
the approval.
3. Applicant I s acceptance . The applicant shall notify
the City Manager in wr i ting of the appl icant I s acceptance of theci ty Manager 's approva 1 or conditional approval of its application
within six calendar days after the date upon which the written
notice of the City Manager I s decision was mailed or delivered to
the applicant or the date the applicant was notified orally of theci ty Manager I s decision, whichever occurred earlier. Failure to
file a timely acceptance is deemed an automatic withdrawal of the
application. If the applicant files a written acceptance and
complies with the general permit conditions (Subs. 5-29.8), the
permit issues upon the Ci ty Manager r s receipt of the written
acceptance. The City Manager shall notify the applicant in writing
and the City Council , the City Attorney and Chief of Police orally
or in writing that the permit has been issued.
4. Appeal.An applicant may appeal a decision of the
City Manager to deny or conditionally approve an application by
filing a notice of appeal with the City Clerk not later than six
calendar days following the date the applicant was provided written
notice of the City Manager's decision. The appeal shall be filed
no later than 5: 00 p. m. The appeal shall be filed in the office of
the City Manager if it is filed on a day that City offices are open
for business and shall be filed at the Police Department if filedon a day that City off ices are closed. Failure to file a timely
appeal is deemed an automatic waiver of the appeal. The notice of
appeal shall be in a form prescribed by the City Manager , shall
contain a statement of the reasons why the applicant believes the
City Manager'decision to deny or conditionally approve the
application does not comply with this section , and shall set forththe relief requested. The appeal shall be heard and decided by the
Appeal Body within seven calendar days following the filing of the
notice of appeal , unless continued for good cause. The Appeal Body
shall notify the applicant in writing of its decision within three
calendar days. The applicant shall , wi thin three calendar days
notify the City Manager in writing of its acceptance of the Appeal
Body decision. The applicant'failure to file a timely
acceptance is deemed a withdrawal of the application.
b. Free Speech Event.The following procedures apply to a
free speech event:
1. Filinq.The completed application shall be filed no
later than 5:00 p.m. The application shall be filed in the office
of the City Manager if it is filed on a day that City offices are
open for business and shall be filed at the Police Department filed on a day that City off ices are closed. The application shall
be filed as early as possible , but no later than seven calendar
days before the proposed event. An application may be filed up to
five calendar days before the event , but an applicant f i 1 ing less
than seven calendar days beforehand waives the right to appeal a
decision to deny or conditionally approve an application. If
event is planned in response to a contemporaneous public event or
decision which could not have been known in advance , the applicant
may file an application two days before the proposed event.
2. ci tv Manaqer r s decision.The City Manager shallapprove, approve subj ect to conditions , or deny the application
within two days after receipt. The City Manager shall notify the
applicant and the City Attorney of the decision in writing, and
shall attempt to notify the applicant orally. Both the oral and
the written notifications shall describe with particularity the
reasons for a denial or for any condi tions to the approval.
3. Applicant's acceptance . The applicant shall notify
the City Manager in writing of the applicant I s acceptance within
one day after written notice of the City Manager'decision.
Failure to file timely acceptance is deemed an automatic
withdrawal of the application. If the applicant files a validwri tten acceptance and complies with the general conditions (Subs.5-29.8), the permit issues upon the City Manager r s receipt of the
written acceptance. The city Manager shall notify the applicant
the City Council , the city Attorney, and the Chief of Police that
the permit has been issued.
4. Appeal.An applicant who has filed the initial
application at least seven calendar days before the event may
appeal a decision of the City Manager to deny or to impose
conditions upon a permit approval by filing a notice of appeal
within two days after the earliest date the applicant received oral
or written notice of the City Manager s decision. The notice of
appeal shall be in a form prescribed by the City Manager , shall
contain a statement of the reasons why .the applicant believes the
decision does not comply with this section, and shall set forth the
relief requested. The appeal hearing shall be at a time and place
mutually agreeable to the parties. If the parties cannot agree
the hearing shall be the next day at four o'clock p.m. If that day
is one on which City offices are open for business , the hearing
shall take place in the City Manager s Office. If City offices are
not open , the hearing shall take place at the Police Department.
The Appeal Body shall render a decision within one day and shall
promptly notify the applicant, the City Manager and the City
Attorney both orally and in writing of its decision. Both the oral
and written notification shall describe with particularity the
reasons for the decision. wi thin one day, the applicant shall
notify the City Manager orally and in writing whether it accepts
the Appeal Body I s decision.
5. Judicial review.If the City Manager denies a free
speech event permit , the City shall forthwith file an action in the
Superior Court for a determination on the validity of the denial.
At the time of filing, the City shall request that the court hear
the matter as soon as possible and no later than two court daysafter the filing.
5-29.Determination; Grounds for Approval or Denial.
a. Approval and issuance.The City Manager shall approve an
application for an event permit if it is complete and there are no
grounds for denial under subsection 5-29. 7(b). Such an applicationis approved subj ect to the general conditions set forth subsection 5-29.8 and to the applicab'le special conditions set
forth in subsection 5-29.9 which the City Manager determines to be
necessary to protect the safety of persons and property and tocontrol pedestrian and vehicular traff ic in and around the site of
the event.
b. Grounds for Denial.The City Manager shall deny an
application if any one of the following factors is not adequately
addressed or reasonable conditions cannot satisfy the publicheal th , safety or welfare concerns:1. The person applying for the permit has failed to
complete the application;
2. The information contained in the application is
found to be false in any material respect;3. An application for another event to be held on the
same date as that requested has been previously filed or approved
and the other event is so close in time and location to the event
proposed as to cause undue traffic congestion or to place the City
in a position of being unable to meet the needs for police , fireambulance and public work services for both events;4. The time , route or size of the event will
substantially interrupt the safe and orderly movement of traffic
contiguous to the site or route of the event 1 or disrupt the use ofa street at its peak traffic time , or impede operation of emergencyvehicles;5. The concentration of persons , animals or vehicles at
the site of the event or at the site of an assembly or disbanding
area around the event will prevent proper police , fire or ambulance
services reaching areas contiguous to the event;6. The size of the event will require the diversion of
so many City police officers that police protection to the rest of
the City will be seriously jeopardized. However , the permit may
not be denied because of the need to protect participants from the
conduct of others if reasonable permit conditions can be imposed;7. Gi ven the size and nature of the event thereasonably available number of City police officers and otherpersonnel is not sufficient to ensure the safety of participants orthe attending public;8. The event consists of a parade that will not move
from its point of origin to its point of termination in four hoursor less;9. The locationinterfere with construction
scheduled to take place on oroccupied by the event;10. The event will occur at a time when a school is in
session and along a route or at a location adjacent to the school
or a class thereof, and the noise created by the acti vi ties of theevent will substantially disrupt the educational acti vi ty of theschool or class;11. The decorative material on parade floats is notnoncombustible or flame retardant or motorized parade floats andtowing apparatus are not provided with a minimum rated portable
fire extinguisher readily accessible to the operator , as provided
in Uniform Fire Code; or12. The application is not timely submitted and there
insufficient time to investigate and process the application.
of the event will substantiallyor maintenance work previously
along the public right-of-way to be
5-29.General Permit Conditions.
The following general permi t conditions apply to each event
permit authorized under this subsection:
a. Indemnification.Before a permit is issued for either a
non free speech event or a free speech event , the permittee shall
sign a statement in a form approved by the City Attorney I
indemnifying and holding harmless the City from any liability,
damage or loss occurring during the course of the event authorized
by the permit where the liability, damage or loss is proximately
caused by the negligent or intentional act or omission of the
permi ttee, any officer , employee or agent of the permittee , or any
person who is under the permittee s legal control. In addition
the statement shall provide that if a claim is made against the
City by suit or otherwise arising out of the negligent or
intentional act or omission, the permittee shall defend the City
and shall indemnify the City for any judgment rendered against it
or any sums paid out in settlement or otherwise. The statementshall be filed with the City Manager before the City Managerapproves the permit.
b. Liabili tv Insurance.1. Non free speech events. Before a permit for a non
free speech event is issued, the permittee shall obtain generalliability insurance from an insurance company licensed to do
business in the state of California acceptable by the city. Theinsurance shall provide "occurrence " coverage against liabilities
for death , personal injury or property damage arising out of or in
any way connected with the event. The insurance shall be in the
amount of at least one million dollars , combined single limit , and
shall name the city and the City's officers , employees and agents
as additional insured under the coverage afforded. In addition
such insurance shall be primary and noncontributing with respect to
any other insurance available to the City and shall include a
severabili ty of interest (cross liability) clause. Proof of such
insurance, in a form approved by the City Attorney, shall be filed
with the City Manager before the issuance of the permit and the
insurance shall be maintained in effect throughout the course of
the event.2. Free speech events. No liability insurance shall be
required for a permit author iz ing a free speech event.
c. Traffic control fee.Before the City Manager approves an
application for a permit , the permittee shall pay to the City a fee
in a designated amount equal to the City's total estimated costs
for providing all of the personnel and materials (including police)
necessary to control and monitor pedestrian and vehicular traffic
in and around the site of the event. The City Manager determines
the traffic control fee based upon: a schedule of traffic control
fees and rates established by resolution of the City Council; the
ci ty Manager'estimate as to the type , number and hours of
personnel and materials necessary; and on the City Manager'
estimate as to the type, number and hours of employment of otherci ty personnel necessary to control or monitor the event. The feeshall not include any amount necessary to monitor or controlbystanders, onlookers or opponents not participating in support of
a free speech event.
5-29.Special permi t Conditions.
The City Manager may condition an event permit upon thepermittees compliance with reasonable requirements concerning the
time , place and manner of conducting the event , as necessary toprotect the safety of persons and property or to control vehicular
and pedestrian traffic in and around the site of the event. Theconditions may not be imposed in a manner that will unreasonably
restrict the exercise of free speech rights. The conditions mayinclude, but are not limited to requirements concerning the. following:a. The assembly or disbanding area for a parade;b. The accommodation of pedestrian and vehicular traffic in
and around the site of an event , including restricting the locationof an event and the provision and use of traffic cones andbarr icades ;c. The number and type of vehicles , animals , or structuresto be used or displayed in the event;d. ci ty safety inspection and approval of stages , booths,floats and other structures or vehicles to be used or operated in
the event;e. The provision and use of garbage containers , and thecleanup and restoration of the site of the event;f. A deposit for cleanup if the event will include theerection of structures , the participation of animals , the operationof water aid stations or the sale or donation of food beverages;
g.
The provision and operation of first aid stations andsani tary facilities including disabled-accessible sanitaryfacilities h. Restrictions on the amount of noise generated by sound
ampl if ication equipment , motors and other equipment;i. The provision of a notice of permit conditions to eventparticipants;
j.
Automobile insurance for vehicles in a parade theinsurance form and amount to be determined by the City Attorney.
5-29.Subsequent Conditions.
The City Manager may amend or add to the conditions of apreviously issued permit when the City Manager determines necessary to protect the safety of persons or property, or tocontrol vehicular and pedestrian traffic , if the material factsnecessi tating the conditions were first made known to the CityManager after issuance of the permit. Any conditions imposed after
the original issuance of a permit shall comply with the provisions
of subsections 5-29.8 and 5-29.9 of this section. If the cityManager imposes subsequent conditions , the City Manager shallpromptly notify in writing the permittee , the City Attorney and all
other City officers affected by the change , stating the reasons forit. If necessary, the City Manager shall also notify all parties
and the event participants orally.
If the permit involves a free speech event and time permits
the permittee may request a hearing on the subsequent conditions.
The permittee shall make the request to the City Manager within 24
hours of receiving the subsequent conditions and must request a
hearing at least 48 hours before the event. The matter shall be
heard by the Appeal Body, at the City offices at four o clock p.
unless otherwise agreed. The Appeal Body shall render a decision
orally at the conclusion of the hearing. The Appeal Body shall
also notify in writing the permittee , the City Manager and the City
Attorney of the decision and the reasons for it.
5-29.Permit Revocation.
a. Mandatorv revocation.The City Manager shall revoke an
event permit if the City Manager determines that there were grounds
for denying the permit under subsection 5-29.7 which were not made
known to the City Manager until after issuance of the permit.
The City Manager shall also revoke an event permit if the City
Manager determines that the event is being conducted in violation
of the permit conditions or other applicable law or regulation.
The city Manager may not revoke a permit until the City Manager
advises the permittee of the violation and provides a reasonable
opportunity to correct it.
b. Limitation on power to revoke.A permit may not berevoked because of the need to protect participants from the
conduct of others, unless there are insufficient resources toprovide necessary police protection.
c. Notice.If the City Manager decides to revoke a permit
before the date of the event , the City Manager shall promptly
notify in writing the permittee , the City Attorney and all otherci ty officers charged with carrying out responsibilities under thissection. If the City Manager has learned of the facts justifying
revocation wi thin 24 hours of the event and decides to revoke thepermit, the City Manager shall announce that decision to the eventparticipants, to those City officers and employees monitoring or
controlling traffic during the event , and to the person in charge
at the event , if that person can be located. Thereafter , the City
Manager shall notify in writing the permittee and City Attorney.
Each written or oral notice shall describe with particularity the
reasons for the decision.
d. Hearing.When the City Manager is able to and does revoke
a permit at least 48 hours before the event , the permittee may
request a hearing. The hearing shall be held before the Appeal
Body within 24 hours of the permittee I s request. The hearing shall
be at the City off ices at four 0 clock p. m. unless otherwiseagreed. The Appeal Body shall issue its decision orally at the
conclusion of the hearing and shall notify in writing the
permi ttee the City Manager and the ci ty Attorney. Thenotificationwhether oral or written shall describe withparticulari ty the reasons for the decision.
e. Judicial review.If the City revokes a free speech eventpermit, the City shall forthwith file an action in the Superior
Court for a determination on the validity of the revocation. At
the time of filing, the City shall request that the court hear the
matter as soon as possible and no later than two court days afterthe filing.
5-29.Emergency Suspension.
The City Manager or a City police officer may temporarily
suspend an event whenever required to protect public safety becauseof a fire , earthquake , or other emergency. When an event
temporarily suspended , the permittee and event participants shallimmediately comply with the suspending off icer' s instructions. TheCity Manager shall immediately attempt to notify the permitteeorally and shall notify in writing the permittee and the City
Attorney. The written notice shall be delivered wi thin twenty-four
hours after the suspension , and shall describe with particularity
the reasons for the suspension.
5-29.Cordoning Off the Route or Site.
The City Manager is authorized and directed to placebarricades on or wi thin the public rights-of-way, and to undertake
such other actions as may be necessary to cordon off the route or
site of an authorized event. When appropriate , the City Manager
shall post the route or site as a no-parking zone in advance and
for the duration of the event.
5-29.Notice to Adj oining Property Owners.
The City Manager shall give written notice of the nature , date
and time of an authorized event as soon as possible before the date
of the event to all property owners adjoining the public right of
way where the event is to occur. The notice may be by a methoddef ined in subsection 5-29.2 to "notify in writing", by publ iShingin a newspaper of general circulation , or by posting along theroute or at the site of the event. The provisions of thissubsection pertaining to notice shall be directory only and the
failure of the City Manager to give such notice does not invalidate
a permit.
5-29.PUblic Conduct During Event.
a. Interference with Event.No person shall physicallyobstruct, impede , hamper or otherwise interfere with an authorized
event or with any person, animal or vehicle participating or used
in the event.
b. Drivinq throuqh Site of Parade or Athletic Event.
person shall drive a vehicle between vehicles or persons traversingthe route of an authorized parade or athletic event when the
vehicles or persons are in motion.
c. Prohibited Parkinq.No person shall park along or within
any portion of the route or site of an authorized event when theroute or site has been officially posted as a no-parking zone.
29-16 Designated Parade Routes.
In order to implement the provisions of this Section , the CityCouncil may adopt resolution or resolutions establishing
designated parade routes within the City as well as the traffic
control fees to be charged for parades conducted along such parade
routes pursuant to a permit issued under this section.
29-17 Violations.
A violation of this section , including a violation of permit
condi tions , is unlawful and punishable as a misdemeanor.
section . If any section , subsection , sentence , clause , or
phrase of this ordinance is for any reason held to be invalid or
unconsti tutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of the ordinance. The City Council hereby
declares that it would have passed this ordinance and each section
subsection , sentence , clause , and phrase thereof irrespective of
the fact that any one or more sections , subsections , sentences
clauses or phrases be declared invalid or unconstitutional.
Section 4 This ordinance shall be in full force and effect
from and after the expiration of thirty (30) days from the date of
its final passage.
Attest:
tU/ttLci ty Clerk
, the undersigned , hereby certify that the foregoing Ordinance was
duly and regularly adopted and passed by the Council of the City of
Alameda in regular meeting assembled on the 5th day
of September , 1995 , by the following vote to wit:
AYES:councilmembers Arnerich , DeWitt, Lucas, Mannix
and President Appezzato -
None.NOES:
ABSENT:None.
ABSTENTIONS:None.
IN WITNESS , WHEREOF , I have hereunto set my hand and affixed the
official seal of said City this
--
day of September , 1995.
d1 ;;LDian B. Felsch , City Clerkci ty of Alameda