Ordinance 1628
ORDINANCE N0. 1628
AN ORDINANCB OF TBE CITY OF CUPERTINO
AMENDING CHAPTER 10.44 OF THS CUPERTINO
MUNICIPAL CODE RELATING TO PARADES
THE CITY COUNCIL OF THE CITY OF CUPERTINO ORDAINS AS FOLLOWS:
Section I - Amendments
Chapter 10.44 of the Cupertino Municipal Code consisting of
Sections 10.44.010 through 10.44.150, inclusive, is hereby repealed
in its entirety and a new Chapter 10.44, to be entitled "Parades
and Athletic Events," and Sections are hereby enacted to be
numbered and entitled and to read as follows:
Section 10.44.010 - Purpose. This chapter is adopted for the
purpose of regulating parades and athletic events occurring on or
within a City street, parking facility, sidewalk or other public
right-of-way which obstruct, delay or otherwise interfere with the
normal flow of vehicular or pedestrian traffic, or which do not
comply with applicable traffic laws or controls.
Section 10.44.020 - Definitions. Unless the contrary is stated or
clearly appears from the context, the following definitions shall
govern the meaning of the words and phrases used in this chapter.
A. "Aggrieved person" means any person who is adversely affected
by a determination made by a City officer or employee pursuant to
the provisions of this chapter in a manner significantly greater
than the public generally, including, but not limited to, any
applicant whose request for a permit under this chapter fs denied.
B. "Athletic event" means any event in which a group of persons
collectively engage in a sport or form of physical exercise on or
within a city street, parking facility, sidewalk, or other public
right-of-way, including, but not limited to, jogging, running,
walking, bicycling, rollerblading, and roller skating, but
excluding participation in a parade.
C. "City" means the City of Cupertino.
D. "City Manager" means the City Manager of Cupertino or his/her
designee.
E. "Event" means any parade or athletic event.
F. 'Free speech rights" means expressive activity protected by
the First Amendment of the United States Constitution or Article 1,
Section 2 of the California Constitution, provided that such
activity is the principal purpose of the event.
G. 'Person" means any person, firm, partnership, association,
corporation, company or organization of any kind.
B. 'Parade" means any organized march, celebration, or procession
of animals, vehicles or persona on or within a City street, parking
facility, sidewalk or other public right-of-way, but excluding
participation in an athletic event.
Section 10.44.030 - Administration by City Manager. There is
conferred upon the City Manager those powers and duties necessary
for the administration of this chapter, including, but not limited
to, acting on all applications for a permit required by this
chapter, authority to revoke a permit issued pursuant to this
chapter in the manner provided for herein, and the authority to
designate City officers and employees as may be required to carry
out the purpose of this chapter.
Section 10.44.040 - Permit reauired.
A. It shall be unlawful for any person to engage in, participate
in, aid, form, conduct, sponsor or start any parade or athletic
event, unless and until a permit for such event has been approved
and issued by the City Manager.
B. Exceptions. This chapter shall not apply to:
1. Funeral processions;
2. Students going to and from school classes or participating
in educational activities, provided such conduct is under the
immediate supervision and direction of the proper school
authorities;
3. A governmental agency, and its employees, acting within
the scope of its functions.
Section 10.44.050 - Permit application contents.
A. Applications for a permit authorizing an event shall be filed
with the City Manager on forms provided by such officer, and shall
contain all of the following information:
1. The name, address and daytime and evening telephone
numbers of the person filing the application;
2. If the event is to be conducted by an organization, the
name, mailing adddress and telephone number of the organization,
the name, mailing address and telephone number of the president,
leader or other head of the organization and written documentation
of the authority under which the applicant is applying for the
permit on behalf of the organization;
3. The name, mailing address, and telephone number of the
person who will be present and in charge of the event on the day of
the event;
4. The name, mailing address and daytime and evening
telephone numbers of an alternate person to contact if an emergency
arises and the applicant is unavailable;
5. The proposed date and estimated starting and ending time
of the event;
6. The proposed location of the event, including its
boundaries;
7. The estimated number of participants in the event;
S. The type and estimated number of vehicles, animals and
structures that will be used in the event;
9. A description of any sound amplification equipment to be
employed at the event;
10. The number, size, and material of construction of any
signs or banners to be used in the event;
11. The parking requirements for the event;
12. The location of any water, first aid, or comfort stations
to be provided at the event; and
13. A statement as to whether a permit has been requested or
obtained from any other city within which the event shall commence,
terminate, or occur in part.
B. Additional information reauired for parades:
1. The location by streets of any proposed assembly points
for the parade and the time at which units of the parade will begin
to assemble at any such assembly areas;
2. The proposed parade route;
3. The interval space to be maintained between units of the
parade; and
4. The number, type and size of floats or other vehicles.
Section 10.44.055 - Indemnification agreement.
A. indemnification requirements. As a condition precedent to the
issuance of a permit authorizing an event, the permittee shall
enter into an agreement with the City in a form approved by the
City Attorney which shall set forth the undertaking of the
permittee to indemnify the City, hold the City harmless and
reimburse the City from and for any liability, damage or loos
occurring during the course of the event authorized by such permit
where such liability, damage or loss is proximately caused by the
negligent or intentional act or omission of the permittee, any
officer, employee or agent of the permittee, or any person who is
under the permittee's legal control. Additionally, the agreement
shall provide that in the event a claim is made against the City,
arising out of such 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. Such agreement shall be filed with the City Manager
prior to the issuance of the permit.
B. Exception. Any event involving the exercise of free speech
rights shall be exempt from the indemnification requirements set
forth in this section.
Section 10.44.056 - Liability insurance.
A. Insurance requirements. As a condition precedent to the
issuance of a permit authorizing an event, the permittee shall
obtain public liability insurance from an insurance company
licensed to do business in the State of California and having a
financial rating in Best's Insurance Guide of at least "B." Such
insurance shall provide "occurrence" coverage against liabilities
for death, personal injury or property damage arising out of or in
any way connected with the event. Such insurance shall be in the
amount of at least one million dollars ($1,000,000), combined
single limit, and shall name the City and the City's officers,
employees and agents ae additional insureds under the coverage
afforded. Also, such insurance shall be primary and
noncontributing with respect to any other insurance available to
the City and shall include a severability of interest (cross-
liability) clause. Proof of such insurance, in a form approved by
the City Manager, shall be filed with the City Manager prior to the
issuance of the permit and such insurance shall be maintained
throughout the course of the event authorized by the permit.
B. Bxception. Any event involving the exercise of free speech
rights shall be exempt from the insurance requirements set forth in
this section.
Section 10.44.060 - Permit application filing aeriod.
A. An application for a permit shall be filed with the City
Manager at least 15 working days prior to the date of the proposed
event.
B. Late Applications. The City Manager, where good cause is
shown, shall allow the filing of an application less than 15
working days prior to the date of the proposed event. "Good cause"
exists where the applicant seta forth facts showing circumstances
sufficient to justify the delay based on a reasonably prudent
person standard. Lack of knowledge of the filing period does not
constitute "good cause."
Section 10.44.070 - Permit application fee. Unless waived by the
City Council, every application for a permit authorizing an event
shall be accompanied by an application fee in the amount of sixty
dollars ($60.00); provided that, no fee shall be charged where the
event involves an exercise of free speech rights.
Section 10.44.075 - Reimbursement of costs.
A. As a condition precedent to the issuance of a permit
authorizing an event, the permittee shall make a deposit, in an
amount designated by the City Manager, with the City for the
reimbursement of the reasonable costs incurred by the City for
traffic control and other functions related to the event. If the
City's actual expenses should later prove to be more than the
amount deposited, the difference shall be paid to the City by the
permittee. If the City's actual expenses should later prove to be
less than the amount deposited, the excess of the deposit shall be
refunded to the permittee.
B. Exception. Any event involving the exercise of free speech
rights shall be exempt from paying .a deposit and reimbursing the
City's costa as set forth in this section.
Section 10.44.080 - Action on germit application. The City Manager
shall approve or deny an application for a permit within two (2)
working days after receipt of the application. If the City Manager
finds that grounds for denying the permit pursuant to Section
10.44.090 do not exist, the City Manager shall approve the
application.
Section 10.44.090 - Permit - Grounds for denial. The City Manager
shall deny the application for a permit if the City Manager finds
any one of the following:
A. The person applying for the permit has failed to complete the
application, including the failure to submit the application fee
where required pursuant to Section 10.44.070;
B. The information contained in the application is found to be
false in any material respect;
C. An application for another event to be held on the same date
as that requested by the applicant has been previously filed or
approved, and such other event is so close in time and lcoation to
the event proposed by the applicant as to cause undue traffic
congestion or to place the City in a position of being unable to
meet the need for police services for both events;
D. 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 or disrupt the use of a street at
its peak traffic time;
E. 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 from reaching areas contiguous to the event;
F. The size of the event will require the diversion of so many
police officers to ensure that participants stay within the
boundaries or route of the event and to protect participants in the
event, that police protection to the rest of the City will be
seriously jeopardized;
G. The event consists of a parade that will not move from its
point of origin to its point of termination expeditiously and
without unreasonable delays;
B. The location of the event will substantially interfere with
construction or maintenance work previously scheduled to take place
on or along the City street, parking facility, sidewalk or other
public right-of-way to be occupied by the event;
I. 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 event will substantially
disrupt the educational activity of such school or class;
J. The material on parade floats is not noncumbustible or flame
retardant, or motorized parade floats and towing apparatus are not
provided with a minimum 2-A, 10-B:C rated portable fire
extinguisher readily accessible to the operator, as provided in
Uniform Fire Code Section 11.304;
K. The application is not timely submitted and there is
insufficient time to investigate and process the application
pursuant to the time-lines of this chapter;
L. The event is to be held for the purpose of advertising
products and for private profit.
Section 10.44.100 - Permit - issuance or denial notice. After the
City Manager has determined whether an application for a permit
should be approved or denied, the City Manager shall immediately
attempt to notify the applicant orally, and shall immediately
notify the applicant and the City Attorney in writing of the
decision. Both the oral and the written notifications shall
describe, with particularity, the facts and reasons for any denial.
If the application is approved, the City Manager shall immediately
send a copy of the permit to the following:
A. Applicant;
B. Sheriff of Santa Clara County;
C. Director of Public Works;
D. Other public officials responsible for functions deemed
likely to be affected by the event; and
E. Any public transportation or other untility, the regular
routes of whose vehicles will be affected by the route of the
proposed event.
Section 10.44.110 - Permit -contents. Each permit shall state the
following:
A. Starting time;
B. Maximum and minimum speed;
C. Maximum and minimum intervals of space to be maintained
between units of the event;
D. The portions of the streets to be traversed that may be
occupied by the event; and
E. Maximum length of the event in miles or fractions
thereof.
Section 10.44.120 - Cordoning off the raute or site of an event.
The City's Director of Public Works is authorized to place
barricades on or within the City's streets, parking facilities,
sidewalks or other public rights-of-way, and to undertake other
action as may be necessary to cordon off the route or site of an
event authorized by a permit. In addition, the Director of Public
Works is authorized to post the route or site of such event as a
no-parking zone for the duration of the event, and may do so
sufficiently in advance of the event as may be necessary to prevent
vehicles from parking along the route or at the site of the event.
Section 10.44.130 - Public conduct during an authorized event.
A. No person shall physically obstruct, impede, hamper or
otherwise interfere with any event authorized by a permit or with
any person, animal or vehicle participating in or used in the
event.
B. No person shall drive a vehicle between vehicles or persons
traversing the route of a parade or athletic event authorized by a
permit when such vehicles or persons are in motion.
C. No person shall park along or within any portion of the route
or site of an event authorized by a permit, when the route or site
has been posted as a no-parking zone by the City in the manner
authorized by this chapter.
Section 10.44.140 - Appeal. Any aggrieved person may appeal the
City Manager's decision to the City Council by filing a notice of
appeal with the City Clerk within forty-eight hours of oral or
written notification of the City Manager's decision, whichever
occurs first. The notice of appeal shall be on a form provided by
the City Clerk and shall state the reasons why the appellant
believes that the decision does not comply with the provisions of
this chapter, and shall set forth the relief requested. The appeal
shall be heard and decided by the City Council at its first regular
or adjourned regular meeting on or after the day following the
filing of the notice of appeal. The City Council's decision shall
be final.
Section 10.44.150 - Revocation of permit.
A. Mandatory revocation. The City Manager shall revoke a permit
authorizing an event if the City Manager finds that there were
grounds for denying the permit, as set forth in Section 10.44.090,
which were first disclosed or otherwise made known to the City
Manager after issuance of the permit and such facts were not
discoverable by the exercise of due diligence by the City Manager
prior to the issuance of the permit.
B. Discretionary revocation. The City Manager may revoke a
permit authorizing an event if the City Manager determines that the
event is being conducted in violation of the terms of the permit or
that event participants have violated any applicable law or
regulation; provided, that this subsection shall not authorize the
revocation of a permit because of the need to protect participants
from the conduct of others unless there are insufficient resources
available to provide necessary police protection; and provided
further that the City Manager shall not revoke a permit pursuant to
this subsection unless and until the City Manager advises the
permittee or responsible event participants of such violation and
provides a reasonable opportunity to correct such violation.
C. Notice of revocation. When the City Manager finds grounds to
revoke a permit prior to the date of the event, the City Manager
shall immediately serve a written notice of such decision on the
permittee and shall provide copies of the notice to the Mayor, the
City Attorney and all other City officers charged with carrying out
any responsibilities under this chapter. Bowever, where the City
Manager learns of the facts justifying revocation within twenty-
four hours of the event, the City Manager shall announce the
decision to revoke the permit at the site of the event.
Thereafter, the City Manager shall deliver written notice of such
action to the permittee, the Mayor and the City Attorney.
D. Bearing on revocation. The permittee shall have a right to a
hearing before the City Council at its first regular or adjourned
regular meeting on or after the day following the filing of a
notice appealing the revocation, provided that the event is
scheduled at least forty-eight hours after the notice of appeal is
filed. The City Council shall issue a final decision orally at the
conclusion of the hearing and shall also notify the permittee in
writing of its decision.
E. Content of notice of revocation. Any notification of action
by the City Manager taken pursuant to this section, whether oral or
written, shall describe with particularity the facts and reasons
for the decision.
Section 10.44.160 - Emergency suspension of authorized event. The
City Manager shall temporarily suspend an event authorized by a
permit whenever there is a fire or other emergency that requires
the event to be temporarily suspended to protect public safety.
When an event is temporarily suspended pursuant to this section,
the City Manager shall notify in writing the applicant, the Mayor
and the City Attorney within twenty-four hours after the
suspension, describing with particularity the facts and the reasons
for the suspension.
Section 10.44.170 - Judicial review - Denial or revocation of
Narmit. In the event of denial or revocation of a permit involving
the exercise of free speech rights, the City shall file an action
in the Superior Court of the State of California in Santa Clara
County, seeking a declaration of the validity of the denial or
revocation. The action shall be filed as soon as practicable, but
not later than two (2) court days after such denial or revocation
becomes final. The City shall request, at the time of filing, that
the matter be heard by the court as soon as possible, but not later
than two (2) court days after filing.
Section 10.44.180 - Violation - Misdemeanor. Any violation of the
provisions of this chapter, including any violation of the terms of
a permit approved and issued in the manner provided by this
chapter, shall be unlawful and punishable as a misdemeanor.
Section II - Enforcement
This ordinance shall be in full force and effect thirty (30)
days after the date of its passage and adoption. The City Clerk is
hereby authorized and instructed to file a certified copy of this
ordinance upon its becoming effective with the Sheriff's Office of
the County of Santa Clara, State of California.
Section III - Publication
The City Clerk shall cause this ordinance to be published at
least once in a newspaper of general circulation published and
circulated in the City within fifteen (15) days after its passage,
in accordance with Section 36933 of the Government Code; shall
certify to the adoption of this ordinance and shall cause this
s •
ordinance and her/his certification, together with proof of
publication, to be entered in the Book of Ordinances of the Council
of this City.
INTRODUCED at a regular meeting of the City Council this 1
day of ~, 1993, and ENACTED at a regular meeting of the City
Council this 7th day of September, 1993, by the following votes
Vote: Members of the City Council:
Ayes: Dean, Goldman. Koppel, Sorensen. Szabo
Noes: None
Absent: Nona
Abstain: None
~~~
City Cler
APPROVED:
Mayor, City o Cu a no
1
STATE OF CALff ORNIA )
...COUNTY OF SANTA CLA-RA )
"CITY OF CUPERTTNO )
~ I, KII~I M. SMITH, City Clerk and ex-officio Cleric of the City Cameil of We City
of Cupertino, California, do hereby certify a attached to be a full, true, and correct cxrpy
~`sd enacted on -~+-~-+-F 7 /943.
of Ordinance No.
~ WITNESS VVfiEREOF, I have hereunto set my hand and seal this /3 ~Fh
day of ~eT be/ , 1993.
~•
KIM M. SMITH. City Cterlt and ex-
officioClot of,theCity ~our-icil
Cupertino, Cr(liiom~