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Home My WebLink About1276 - Parades and Motorcades0 9 N0. 1276 AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 13.16 TO TITLE 13 OF THE NEWPORT BEACH MUNICIPAL CODE REGULATING PARADES AND MOTORCADES ON THE PUBLIC STREETS AND SIDEWALKS The City Council of the City of Newport Beach does ordain as follows: SECTION 1. Chapter 13.16 is added to the Newport Beach Municipal Code to read: Sections: 13.16.010 13.16.020 13.16.030 13.16.040 13.16.050 13.16 060 13.16.070 13.16.080 13.16.090 13.16.100 13.16.110 "Chapter 13.16 PARADES AND MOTORCADES Parade Defined. Motorcade Defined. Parade and Motorcade Permits Required. Parade or Motorcade for Commercial Purpose Prohibited. Interference with Parade or Motorcade. Application for Permit. Issuance or Denial of Permit. Contents of Permit. Appeal Procedure. Officials to be Notified. Revocation of Permit. 13.16.010 Parade Defined. Parade means any march or procession consisting of people, animals or vehicles, or combination thereof, except funeral processions, upon any public street, sidewalk or alley, which does not comply with normal and usual traffic regulations or controls. 13.16.020 Motorcade Defined. Motorcade means an organized procession containing 25 or more vehicles, except funeral processions, upon any public street, sidewalk or alley. 13.16.030 Parade and Motorcade Permits Required. No person shall conduct a parade or motorcade in or upon any public street, sidewalk or alley in the City of Newport Beach, or knowingly participate in any such parade or motorcade unless and until a permit to conduct such parade or motorcade has been obtained from the Chief of Police, or, as hereinafter provided, from the City Council of said City of Newport Beach. 12/10/68 0 • 13.16.040 Parade or Motorcade for Commercial Purpose Prohibited. No permit shall be issued authorizing the conduct of a parade or motorcade which the Chief of Police finds is proposed to be held for the sole purpose of advertising any product, goods, wares, merchandise, or event, and is designed to be held purely for private profit. 13.16.050 Interference with Parade or Motorcade. No person shall knowingly join or participate in any parade or motorcade conducted under permit from the Chief of Police, in violation of any of the terms of said permit, nor knowingly join or participate in any permitted parade or motorcade without the consent and over the objection of the permittee, nor in any manner interfere with its progress or orderly conduct. 13.16.060 Application for Permit. Any person who wants to conduct a parade or motorcade shall apply to the Chief of Police for a permit at least thirty (30) days in advance of the date of the proposed parade or motorcade. The Chief of Police may in his discretion consider any application for a permit to conduct a parade or motorcade which is filed less than thirty (30) days prior to the date such parade or motorcade is to be conducted. The application for such permit shall be made in writing on a form approved by the Chief of Police. In order that adequate arrangements may be made for the proper policing of the parade or motorcade, the application shall contain the following information: (a) The name of the applicant, the sponsoring organization, the parade or motorcade chairman and the addresses and telephone numbers of each. (b) The purpose of the parade or motorcade, the date when it is proposed to be conducted, the location of the assembly area, the location of the disbanding area, route to be traveled and the approximate time when the parade or motorcade will assemble, start and terminate. -2- 11 E (c) A description of the individual floats, marching units, vehicles, bands, including a description of any sound amplification equipment to be used. (d) Such other information as the Chief of Police may deem reasonably necessary. 13.16.070 Issuance or Denial of Permit. A. STANDARDS FOR ISSUANCE. The Chief of Police shall issue a parade or motorcade permit conditioned upon the applicant's written agreement to comply with the terms of such permit unless the Chief of Police finds that: (1) The time, route and size of the parade or motor- cade will disrupt to an unreasonable extent the movement of other traffic. (2) The parade or motorcade is of a size or nature that requires the diversion of so great a number of police officers of the City to properly police the line of move- ment and the areas contiguous thereto that allowing the parade or motorcade would deny reasonable police protection to the City. (3) Such parade or motorcade will interfere with another parade or motorcade for which a permit has been issued. B. STANDARDS FOR DENIAL. The Chief of Police shall deny an application for a parade or motorcade permit and notify the applicant of such denial where: (1) The Chief of Police makes any finding contrary to the findings required to be made for the issuance of a permit. (2) The information contained in the application is found to be false or nonexistent in any material detail. (3) The applicant refuses to agree to abide by or comply with all conditions of the permit. -3- L 0. 13.16.080 Contents of Permit. In each permit the Chief of Police shall specify: (1) The assembly area and time therefor; (2) The starting time; (3) The minimum and maximum speeds; (4) The route of the parade or motorcade; (5) What portions of streets to be traversed may be occupied by such parade or motorcade; (6) The maximum number of platoons or units and the maximum and minimum intervals of space to be maintained between the units of such parade or motorcade; (7) The maximum length of such parade or motorcade in miles or fractions thereof; (8) The disbanding area, and disbanding time; (9) The number of persons required to monitor the parade or motorcade; (10) The number and type of vehicles, if any; (11) The material and maximum size of any sign, banner, placard or carrying device therefor; (12) The materials used in the construction of floats used in any parade shall be of fire retardant materials and shall be subject to such requirements concerning fire safety as may be determined by the Fire Chief; (13) That permittee advise all participants in the parade or motorcade either orally or by written notice, of the terms and conditions of the permit, prior to the t of such parade or motorcade; (14) That the amplification of sound permitted to be emitted from sound trucks, or bull horns, be fixed and not variable; (15) That the parade or motorcade continue to move at a fixed rate of speed and that any willful delay or willful stopping of said parade or motorcade, except when reasonably required for the safe and -4- orderly conduct of the parade or motorcade, shall constitute a violation of the permit; and (16) Such other requirements as are found by the • Chief of Police to be reasonably necessary for the protection of persons or property. All conditions of the permit shall be complied with so far as reasonably practicable. 13.16.090 Appeal Procedure. Upon a denial by the Chief of Police of an application made pursuant to Section 13.16.060 of this Chapter, the applicant may appeal from the determination of the Chief of Police within five (5) days thereafter to the City Council of the City of Newport Beach by filing a written notice of appeal for hearing by the City Council at its next meeting. Upon such appeal, the City Council may reverse, affirm, or modify in any regard the determination of the Chief of Police. • In the event an application is not filed within the required time, as specified in Section 13.16.060, the applicant may request a waiver of such requirement by the City Council at its next regular meeting, or at a special meeting which may be called prior thereto by said City Council to consider such matter, and the City Council, if it finds unusual circumstances and in the exercise of its sound discretion, may waive such requirement. 13.16.100 Officials to be Notified. Immediately upon the granting of a permit for a parade or motorcade, the Chief of Police shall send a copy thereof to the following: (1) The Mayor • (2) The City Manager (3) The Fire Chief (4) The Director of General Services (5) The Public Works Director -5- 0 13.16.110 Revocation of Permit. Any permit for a parade or motorcade issued pursuant to this Chapter may be summarily revoked by the Chief of Police at any time when by reason of disaster, public calamity, riot or other emergency, the Chief of Police determines that the safety of the public or property requires such revocation. Notice of such action revoking a permit shall be delivered in writing to the permittee by personal service or by certified mail." SECTION 2. This ordinance shall be published once in the official newspaper of the City, and the same shall be effective thirty (30) days after the date of its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 10th day of September , 1968,' and was adopted on the 23rd day of December , 19680 by the following vote, to wit: AYES, COUNCILMEN: McInnis, Shelton, Parsons, Marshall, Rogers, Hirth, Gruber, NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Mayor ATTEST: MY Clerk RTFID A17911111NA1 CITY CLERK OF THE CITY W CWPORT OWN • DATEs� ypo / S' THS :aj r 12/3/68