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HomeMy WebLinkAbout851 - OrdinancesORDINANCE NO. 851 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AMENDING CHAPTER (SECTION) 8.44 OF THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING A PARADES AND ASSEMBLIES ORDINANCE THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 8.44 of the Rancho Cucamonga Municipal Code is hereby amended as follows: Chapter 8.44 -PARADES AND ASSEMBLIES 8.44.010 -Permit required. No person shall engage in, conduct, or carry on the activity of a parade or assembly upon a public street or any other public place that does not comply with normal and usual traffic regulations and controls and inhibits the usual flow of vehicular or pedestrian traffic without a permit issued. The permit may authorize the use of sound amplifying equipment in conjunction with a parade or assembly without an additional permit issued. 8.44.020 -Definitions. ASSEMBLY: Any meeting, demonstration, picket line, rally, gathering, or group of one-hundred (100) or more persons having a common purpose, design, or goal, upon any public street, sidewalk, alley, park, or other public place, which assembly substantially inhibits the usual flow of pedestrian or vehicular travel or which occupies any public area, other than a "parade," as defined in this section. PARADE: Any march, demonstration, procession, motorcade, or promenade consisting of persons having a common purpose, design, or goal, upon any public place, which march, demonstration, procession, motorcade, or promenade does not comply with normal and usual traffic regulations or control. 8.44.030 -Exemptions. A. The following types of events are exempt from the permit application provisions of this chapter shall not apply to the following: (1) Funeral processions. (2) Spontaneous parades or assemblies occasioned by news or affairs coming into public knowledge within three (3) days of such parade or assembly, provided that the organizers thereof give written notice to the City at least twenty four (24) hours prior to such parade or assembly. Such written notice shall contain all of the following information: (a) The name, address and telephone number of the person or persons seeking to conduct the parade or assembly, who shall be considered a permittee for the purposes of this chapter; (b) The name, address and telephone number of the headquarters of the organization, if any, and of the organizer or responsible head of such organization, by whom or on whose behalf the parade or assembly is proposed to be conducted; (c) The name, address and telephone number of the person who will chair the parade or assembly and who will be responsible for its conduct; (d) The location and date of the proposed parade or assembly, including the assembly area, disbanding area, and the route to be traveled; (e) A good faith estimate of the approximate number of persons who will be participating in the parade or assembly; (f) A good faith estimate of the approximate number of persons who will be observing the parade or assembly, if known. (g) The time at which the parade or assembly will start and conclude; (h) The type of security or other arrangements that will be provided to assure that participants are properly directed; and (i) A statement to be signed by the permittee that he or she will hold harmless and indemnify the City of Rancho Cucamonga, its elected officials, officers, employees and agents from any damages which may arise as a result of the conduct of the parade or assembly. B. The City Manager or the City Manager's designee may only deny permission of a spontaneous parade or assembly by making a specific finding pursuant to subsection A of section 8.44.050 within eighteen (18) hours after submission of the notice pursuant to subsection A(2) of section 8.44.030. If such a finding cannot be made, the permit shall be automatically approved. C. If permission is denied, the City Manager or City Manager's Designee shall immediately provide notice of the denial, including the relevant finding pursuant to subsection A of section 8.44.050, in all of the following manners: (1) By telephone to the permittee; (2) By written notice to the permittee; and (3) If the permittee provides a fax number, by fax. 8.44.040 -Application for permit. A. A person seeking issuance of a permit pursuant to this chapter shall file an application with the City Manager or the City Manager's Designee on forms supplied by the City. B. The application shall be filed with the City Manager or the City Manager's Designee in accordance with the following time limitations: (1) Not less than four (4) days prior to the date of the parade or assembly if the parade or assembly is proposed to take place in whole or in part on, in or along the roadway portion (other than within crosswalks) of the following streets in the City of Rancho Cucamonga: Ordinance No. 851 -Page 2 of 8 Fourth St., Arrow Rt., Foothill Blvd., Church St., Base Line Rd. 19'" St., Carnelian St., Archibald Ave., Hermosa Ave., Haven Ave., Milliken Ave., Day Creek Blvd.. Etiwanda Ave. (2) Not less than four (4) days prior to the date of the parade or assembly if the parade or assembly is proposed to take place in whole or in part on, in or along the roadway portion (other than within crosswalks) of any other street in a commercial zone within the City of Rancho Cucamonga; (3) Not less than three (3) days prior to the date of the parade or assembly if the parade or assembly is proposed to take place in a residential zone, or outside of the roadway in a commercial zone, but within the sidewalk or any other portion of the public right of way; or (4) Not less than two (2) days prior to the date of the parade or assembly if the parade or assembly is proposed to take place in whole or in part on, in or along any park or other publicly owned traditional public forum in the City of Rancho Cucamonga not governed by subsections B(1) through B(3) of this section. C. The application shall include, but shall not be limited to, the following information: (1) The name, address and telephone number of the person or persons seeking to conduct the parade or assembly, who is the permittee for the purposes of this chapter; (2) The name, address and telephone number of the headquarters of the organization, if any, and of the organizer or responsible head of such organization, by whom or on whose behalf the parade or assembly is proposed to be conducted; (3) The name, address and telephone number of the person who will chair the parade or assembly and who will be responsible for its conduct; (4) The location and date of the proposed parade or assembly, including the assembly area, disbanding area, and the route to be traveled; (5) An estimate of the approximate number of persons who will be participating in the parade or assembly; (6) An estimate of the approximate number of persons who will be observing the parade or assembly; (7) The time when the parade or assembly will start and conclude; (8) The type of security or other arrangements that will be provided to assure that participants are properly directed; (9) The minimum and maximum speeds that the parade is to travel, if applicable; (10)The maximum number of platoons or units, if any, in the parade or assembly, and the maximum and minimum interval of space to be maintained between the units of such parade or assembly; Ordinance No. 851 -Page 3 of 8 (11)The maximum length of such parade or assembly in mites or fractions thereof; (12)The number and type of vehicles in the parade or assembly, if any; (13)Whether any of the participants in the parade or assembly will be wearing any type of mask or other face covering; (14)A statement to be signed by the permittee that he or she will hold harmless and indemnify the City of Rancho Cucamonga, its elected officials, officers, employees and agents from any damages which may arise as a result of the conduct of the parade or assembly for which the permit is sought; and (15)Written permission from a private property owner's for his or her property to be used for the purpose of parade or assembly set up or dispersal, if applicable. D. Within twenty four (24) hours of the submission of the application, the City Manager or the City Manager's Designee must notify the applicant, in writing, whether the application is complete. If no such notice is given within twenty four (24) hours after submission, the application will be deemed to be complete. 8.44.050 -Specific criteria for issuance or denial of permission or a permit. A. The City Manager or City Manager's Designee shall without undue delay issue a permit upon reviewing and receiving an application submitted as required by section 8.44.040, or shall grant permission for a noticed parade pursuant to subsection B of section 8.44.030, unless there is a finding of any of the following: (1) False Information The information contained in the notice or application is intentionally misleading or false; (2) Simultaneous Events The parade or assembly is proposed for a time and location for which another parade or assembly permit has been previously issued; (3) Traffic & Pedestrian Safety Conflicts (a) The parade or assembly is proposed to take place in the roadway portion of any street in a commercial zone between the hours of eight o'clock (8:00) A.M. and ten o'clock (10:00) A. M. or between the hours of four o'clock (4:00) P.M. and six thirty o'clock (6:30) P.M., Monday through Friday, unless the parade or assembly will occur on a national holiday; (b) The parade or assembly will require the simultaneous closure of the roadway portion of more than two (2) streets that run in a generally north and south direction between the hours of seven o'clock (7:00) A.M. and eight o'clock (8:00) P.M., Monday through Friday, or between the hours of ten o'clock (10:00) A.M. and six o'clock (6:00) P.M. on Saturday, unless the parade or assembly will occur on a national holiday; (c) The parade or assembly will require the simultaneous closure of the roadway portion of more than two (2) streets that run generally in an east Ordinance No. 851 -Page 4 of 8 and west direction between the hours of seven o'clock (7:00) A.M. and eight o'clock (8:00) P.M., Monday through Friday, or between the hours of ten o'clock (10:00) A.M. and six o'clock (6:00) P.M. on Saturday, unless the parade or assembly will occur on a national holiday; (d) The parade or assembly, by itself or in combination with other parades or assemblies, will require closure of the roadway portion of any street in a commercial zone for more than three (3) hours in any one day between the hours of seven o'clock (7:00) A.M. and eight o'clock (8:00) P.M., Monday through Friday; (e) The proposed route or location of the parade or assembly traverses a street or other public right of way that was scheduled for maintenance, construction or repair prior to the application for that parade or assembly permit, and the conduct of the parade or assembly would interfere with such maintenance, construction or repair or the maintenance, construction or repair would represent a threat to the health or safety of the participants in the parade or assembly; (4) The proposed area for the assembly or for the set up or dispersal of a parade could not physically accommodate the number of participants expected to participate in the parade or assembly, as reflected in the application completed submitted pursuant to subsection C of section 8.44.040; or (5) The parade or assembly would result in a violation of any federal, state or local law or regulation B. If the City Manager or the City Manager's Designee makes a finding pursuant to subsection A of this section, he or she shall deny permission or a permit to conduct the parade or assembly; otherwise, the permit shall be approved. C. As a condition of the issuance of a permit under the provisions of this chapter, the City Manager or the City Manager's Designee may require that the parade or assembly be limited to a portion of the width of the street or right of way upon which the applicant seeks to conduct the parade or assembly, provided that such limitation does not limit or interfere with the conduct of the parade or assembly or cause the parade or assembly to violate any other provision of this chapter or any other federal, state or local law or regulation. 8.44.060 -Nondiscrimination. The official designated by the City to act on permit applications shall uniformly consider each application upon its merits, shall not discriminate in granting or denying applications, and shall not deny any permit based upon a subject matter or viewpoint expressed in the parade or assembly. 8.44.070 -Notice of issuance or denial of permit. A. The City Manager or the City Manager's Designee shall approve or deny the permit application within the following time limitations, and shall notify in writing the applicant of the action taken: (1) If the permit is sought under the provisions of subsection 8.44.0406(1) or B(2), within two (2) days after submission of the application; or Ordinance No. 851 -Page 5 of 8 (2) If the permit is sought under the provisions of subsection 8.44.0406(3) or B(4), within twenty four (24) hours after submission of the application. B. If the permit is denied, the notice of denial shall set forth the findings for denial pursuant to subsection A of section 8.44.050. 8.44.080 -Interference with parade or assembly. No person shall knowingly: A. Join or participate in any parade or assembly conducted under permit from the City in violation of any of the terms of said permit; B. In any manner interfere with the progress or orderly conduct of a permitted parade or assembly. 8.44.090 -Prohibitions. The following prohibitions shall apply to all demonstrations, rallies, picket lines, parades and assemblies: A. It shall be unlawful for any person to ride, drive, or cause to be ridden or driven any animal or any animal drawn vehicle upon any public street, unless specifically authorized by a permit. B. It shall be unlawful for any person to carry or possess any projectile launcher or other device which is commonly used for the purpose of launching, hurling, or throwing any object, liquid, material or other substance. C. It shall be unlawful for any person to carry, possess or wear, any gas mask or similar device designed to filter all air breathed and that would protect the respiratory tract and face against irritating, noxious or poisonous gases. D. It shall be unlawful for any person to fail to abide by the instructions of a traffic control officer given for the purpose of accommodating traffic, including emergency vehicles, through and across a parade, demonstration, rally, picket line or assembly. E. It shall be unlawful for any person to ignite and/or burn any open flame device, bonfire, recreational fire, cooking fire, warming fire, sign, flag or effigy without first obtaining a permit from the Fire District. An open flame device includes, but is not limited to, a portable or stationary torch, road flare or fusee, fuel fired lantern, signal flare or sky lantern but not a candle smaller that 12" in height. Nothing in this section shall prohibit a disabled person from carrying a cane, walker, or similar device necessary for providing mobility so that the person may participate in a demonstration, rally, picket line, parade or assembly. 8.44.100 -Content of permit. A. The City Manager or City Manager's Designee shall state in the parade or assembly permit all of the required information provided in the approved application pursuant to subsection C of section 8.44.040. The parade or assembly permit shall also state any condition imposed pursuant to subsection C of section 8.44.050. Ordinance No. 851 -Page 6 of 8 B. The chairperson of the parade or assembly, as designated in the application, shall at all times during the parade or assembly, including during assembly and dispersal, keep and maintain a copy of the permit upon his or her person. C. The permittee shall advise all participants in the parade or assembly of the terms and conditions of the permit prior to the commencement of the parade or assembly. 8.44.110 -City's costs to be paid by person or organization responsible for parade or assembly. A permittee under the provisions of this chapter shall reimburse the City for all traffic control costs incurred in connection with diverting traffic due to the closure of streets. These costs shall be established by the City Council by resolution. No fee shall be charged based upon the need for security or increased police protection due to the nature of the parade or assembly. 8.44.120 -Violation. Any violation by the permittee or any participant in a parade or assembly of the terms or conditions of a parade or assembly permit issued pursuant to this chapter or of a parade or assembly notice pursuant to section 8.44.030 is a misdemeanor. 8.44.130 -Judicial review. Any permittee may seek judicial review of any decision made pursuant to this chapter." SECTION 2. Severability. If any clause, phrase, or portion of this ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every clause, phrase, or portion thereof, irrespective of the fact that any one or more clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 3. The City Clerk shall certify to the passage of this ordinance and shall cause same to be published pursuant to state law within fifteen (15) days after its passage, and this ordinance shall become effective thirty (30) days after its passage. Please see thelollowiag page Ior /ormal atlop7lon, cerUf/cat/on antl signatures Ordinance No. 851 -Page 7 of 8 PASSED, APPROVED, AND ADOPTED this 16th day of November 2011. AYES: Buquet, Michael, Spagnolo, Williams NOES: Alexander ABSENT: None ABSTAINED: None ATTEST: nice C. Reynolds, ity Clerk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the Council of the City of Rancho Cucamonga held on the 2ntl day of November 2011, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 16'h day of November 2011. Executed this 17'" day of November 2011, at Rancho Cucamonga, California. J nice C. Reynolds, C y Clerk Ordinance No. 851 -Page 8 of 8