Petaluma City Municipal Code,
STREETS AND OTHER PUBLIC PLACES,
pages 1331 through 1339

CHAPTER 13.32

PARADES AND OTHER SPECIAL EVENTS ON CITY STREETS,
SIDEWALKS AND OTHER CITY PROPERTY

13.32.010 Title of chapter

This chapter shall be known and may be cited as the "Petaluma Parade and Other Special Events Ordinance." (Ord. 1585 NCS §3, 1984.)

13.32.020 Purpose.

This section establishes the standards for the issuance of a permit for parades, athletic events, and other special events in the city. (Old. 1585 NCS §3, 1984.)

13.32.030 Definitions as used in this chapter.

1. A. "Applicant" means any person or organization who seeks a special event permit from the chief of police to conduct or sponsor an event governed by this section.
2. "Athletic event" means an occasion on which a group of persons collectively engage in a sport or form of physical exercise on a city street, sidewalk or other city-owned land and improvements, which obstructs, delays or interferes with the normal flow of pedestrian or vehicular traffic, or does not comply with traffic laws and controls. Athletic events include bicycle and foot races.
3. "Block party" means a festive gathering on a residential street requiring a closure of a street, or a portion thereof, to vehicular traffic, and use of the street for the festivity including barbecues, picnics, music or games.
4. "Chief of police" means the chief of police or his authorized deputy.
5. "Event" means a parade, athletic event or other special event.
6. "Other special event" means a street fair, art and craft show, carnival, block party, soap box derby, rally, and other special events which occur on a city street, sidewalk or other city-owned land and improvements which obstructs, delays or interferes with the normal flow of pedestrian or vehicular traffic, or does not comply with traffic laws and controls.
7. "Parade" means a march or procession consisting of persons, animals or vehicles, or combination thereof, on any city street, sidewalk or other city-owned land and improvements which obstructs, delays or interferes with the normal flow of pedestrian or vehicular traffic, or does not comply with traffic laws or controls.
8. "Permit application fee" means the nonrefundable fee to be paid by the special event permit applicant to cover the full costs (or portion hereof) of processing and investigating special event applications, and administering the special event permit program.
9. "Permittee" means any person or organization who has been issued a special events permit by the chief of police.
10. "Sidewalk" means that portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.
11. "Street" has the same meaning as in Section 1.04.010(T) of this code and includes all city streets, highways, alleys, courts and squares.
    (Ord. 1585 NCS §3 (part), 1984.)

13.32.040 Permit required and exceptions.

Any person desiring to sponsor a parade, athletic event or other special event on a city street, sidewalk or other city owned land and improvements in the city shall first obtain a special event permit from the chief of police. A special event permit is not required for the following:

1. Parades, athletic events or other special events which occur exclusively on city property under the jurisdiction of the Petaluma parks and recreation department. Those events are governed by Chapter 13.28 of this code;
2. Funeral processions;
3. Parades involving a total of thirty or fewer pedestrians marching along a parade route which is restricted to marching on sidewalks, and crossing streets only at pedestrian crosswalks in accordance with traffic regulations and controls. Pedestrians participating in the parade shall cross crosswalks in units of ten or less, and shall allow vehicles to pass between each unit.
   (Ord. 1585 NCS §3 (part), 1984.)

13.32.050 Application procedure -- Fee

1. Any person desiring to sponsor a parade, athletic event or other special event not exempted by Section 13.32.040 shall apply for a special event permit by filing a verified application with the chief of police on a form supplied by the chief of police not less than thirty days nor more than ninety days before the event date.
2. Upon a showing of good cause, the chief of police shall consider an application which is filed after the filing deadline if there is sufficient time to process and investigate the application, and obtain police services for the event. Good cause can be demonstrated by the applicant showing that the circumstance which gave rise to the permit application did not reasonably allow the participants to file within the time prescribed, and that the event is for the purpose of exercising the right of free speech.
3. The application for a permit shall be accompanied by a nonrefundable permit application fee in the amount established by city council resolution.
   (Ord. 1585 NCS §3 (part), 1984.)

13.32.060 Contents of application

The application for a special event permit shall provide the following information:

1. All events:
   1. The name, address, and telephone number of the applicant and an alternative contact person,
   2. If the event is proposed to be sponsored by an organization, the name, address and telephone number of the organization, and the authorized head of the organization. If requested by the chief of police, written authorization to apply for the special event permit by an officer of the organization,
   3. The name, 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 nature/purpose of the event,
   5. Date and time (starting and ending) of the event,
   6. Location of the event, including its boundaries,
   7. Estimated number of participants in the event,
   8. The type and number of vehicles, animals and structures which will be used at the event. Whether there will be water aid stations at the event,
   9. Description of any sound amplification equipment which will be used at the event,
   10. Whether any food or beverages will be sold at the event,
   11. Whether monitors will be employed at the event,
   12. Parking requirements for the event;
2. Additional information required for parades, races and other events occurring along a route:
   1. The assembly point for the event, the time at which units of the parade or other event will begin to assemble,
   2. The route to be traveled,
   3. Whether the parade or other event will occupy all or only a portion of the streets proposed to be traversed,
   4. Maximum length or components of parade in miles or portions thereof,
   5. The number, type, size and material of any floats or banners;
3. Supplemental Information: Such supplemental information as the chief of police shall find necessary, under the particular circumstances of a special event application, to determine whether to approve or conditionally approve an application pursuant to Sections 13.32.080 and 13.32.090.
   (Old. 1585 NCS §3 (part), 1984.)

13.32.070 Action on application.

The chief of police shall approve, conditionally approve or deny an application for the grounds specified in Section 31.32.080. Such action shall be taken no later than ten days after receiving a completed application unless time is waived by the applicant. Notice of the chief of police's decision shall be delivered personally to the applicant or mailed to the applicant's address. If the application is denied, the chief of police shall inform the applicant of the grounds for the denial in writing, or the reasons for a change in the date, time, route or location of the event, and of his right of appeal. If the chief of police refuses to consider a late application under section 13.32.050(B), the chief of police shall inform the applicant of his reason for the refusal, and of his fight of appeal. (Ord. 1585 NCS §3 (part), 1984.)

13.32.080 Grounds for denial of application for a special event permit.

1. The chief of police shall approve an application for a special event permit unless he determines from consideration of the application; or other pertinent information, that any of the following conditions exist:
   1. Information contained in the application, or supplemental information requested from the applicant, is found to be false in any material detail;
   2. The applicant fails to complete the application form after having been requested to do so;
   3. The sole purpose of the event is advertising of any product, goods, wares, merchandise or event, and is designed to be held for private profit and not for First Amendment expression;
   4. Another special event permit application has been received prior in time, or has already been approved, to hold another event at the same time and place requested by the applicant, or so close in time and place as to cause undue traffic congestion, or the police department is unable to meet the needs for police services for both events;
   5. The time, route or size of the event will substantially interrupt the safe and orderly movement of traffic contiguous to the event site or route, or disrupt the use of a street at a time when it is usually subject to great traffic congestion;
   6. The concentration of persons, animals and vehicles at the site of the event, or the assembly and disbanding areas around an event, will prevent proper police, fire or ambulance services to areas contiguous to the event;
   7. The size or nature of the event will require the assignment of so great a number of city police officers to properly police the line of movement of an event, or the boundaries or areas contiguous to an event, as to prevent normal police protection to the rest of the city. Nothing in this section authorizes denial of a permit because of the need to protect participants from the conduct of others, if reasonable permit conditions can be imposed to allow for adequate protection of event participants with the number of police officers available to police the event;
   8. The location of the event will substantially interfere with any construction or maintenance work scheduled to take place upon or along the city streets, or a previously granted encroachment permit;
   9. The event shall occur at a time when a school is in session at a route or location adjacent to the school or class thereof, and the noise created by the activities of the event would substantially disrupt the educational activities of the school or class thereof.
2. When the grounds for denial of an application for permit specified in subsections (A)(4) through (A)(9) of this section, can be corrected by altering the date, time, duration, route or location of the event, the chief of police shall instead of denying the application conditionally approve the application upon the applicant's acceptance of conditions for permit issuance.
   (Ord. 1585 NCS §3 (part), 1984.)

13.32.090 Permit conditions.

The chief of police may condition the of a special events permit by imposing reasonable requirements concerning the place and manner of the event, and such requirements as are necessary to protect the safety of persons and property, and the control of traffic; provided, that such conditions shall not unreasonably restrict the right of free speech. Such conditions include:

1. Alteration of the route, time or location of the event proposed on the event application;
2. Conditions concerning the area of assembly and disbanding of parades or other events occurring along a route;
3. Conditions concerning accommodation of pedestrian or vehicular traffic, including restricting the event to only a portion of a street transversed;
4. Requirements for the use of traffic cones or barricades;
5. Requirements for provision of first aid or sanitary facilities;
6. Requirements for the use of event monitors, and providing notice of permit conditions to event participants;
7. Restrictions on the number and type of vehicles, animals or structures at the event, and inspection and approval of floats and other decorated vehicles for fire safety by the Petaluma fire department;
8. Compliance with animal protection ordinances and laws;
9. Requirements for use of garbage containers, cleanup and restoration of city property;
10. Restrictions on use of amplified sound;
11. An application for a special event permit to conduct a block party may be conditioned on notice and approval by fifty percent of the residents of dwellings along the affected street(s). Block parties must be located in a cul-de-sac to be approved;
12. Compliance with any relevant ordinance or law and obtaining any legally required permit or license;
13. Requiring proof of permission to use private property for a portion of the event. (Ord. 1585 NCS §3 (part), 1984.)

13.32.100 Appeal procedure.

1. The applicant shall have the right to appeal to the city council a permit denial, permit condition, refusal to waive filing deadlines or a decision pertaining to fees or insurance coverage under this chapter. Notice of appeal shall be filed with the city clerk, stating the grounds for the appeal. A notice of appeal shall be made on a form prescribed by the city clerk and shall be fried with the city clerk stating the ground for appeal. Regular meetings of the city council are scheduled in accordance with Section 2.04.010 of this code (usually the first and third Monday of each month). The appeal must be filed no later than noon on Monday preceding a city council meeting to be placed on the next regular meeting agenda. The decision of the city council is final.
2. If there is insufficient time for a timely appeal to be heard by the city council prior to the date on which event is scheduled, the applicant may at his/her option, request the city clerk to schedule the appeal before the city manager. The city manager shall hold a hearing no later than three business days after the filming of the appeal, and shall render his decision no later than two business days after hearing the appeal.
   (Ord. 1585 NCS §3 (part), 1984.)

3.32.110 Permit issuance.

The chief of police shall issue the special permit once the application has been approved, and the applicant has agreed in writing to comply with the terms and conditions of the permit, and the following sections of this chapter have been complied with:

1. Section 13.32.120 (pertaining to indemnification);
2. Section 13.32.130 (pertaining to insurance);
3. Section 13.32.140 (pertaining to cleanup deposits);
4. Section 13.32.150 (pertaining to traffic control fees).
   (Ord. 1585 NCS §3 (part), 1984.)

13.32.120 Indemnification agreement.

Prior to the issuance of a special event permit, the permit applicant and authorized officer of the sponsoring organization (if any) must sign an agreement to reimburse the city for any costs incurred by it in repairing damage to city property in connection with the event proximately caused by the action of the permittee/sponsoring organization, its officers, employees or agents, or any person who was or reasonably should have been under the permittee's sponsoring organization's control. The agreement shall also provide that the permittee/sponsoring organization shall defend the city against, and indemnify and hold the city harmless from, any liability to any persons resulting from any damage or injury in connection with the event proximately caused by the actions of the permittee/sponsoring organization, its officers, employees or agents, or any person who was or reasonably should have been under the permittee's/sponsoring organization's control. (Ord. 1585 NCS §3 (part), 1984.)

13.32.130 Insurance.

1. The applicant/sponsor of an event must possess or obtain liability insurance to protect against loss from liability imposed by law for damages on account of bodily injury and property damage arising from the event. Such insurance shall name on the policy or by endorsement as additional insured the city, its officers, employees and agents. Insurance coverage must be maintained for the duration of the event.
2. Coverage shall be provided by a comprehensive general liability insurance policy in an amount prescribed by city council resolution. The insurance coverage afforded by the policy shall provide at a minimum the equivalent of insurance coverage provided by Insurance Services Office (ISO) comprehensive general liability insurance coverage. If food or nonalcoholic beverages will be sold or distributed at the event, the comprehensive general liability coverage must include products liability coverage. If alcoholic beverages will be sold or distributed at the event, the policy must also include coverage for liquor liability.
3. A copy of the policy or a certificate of insurance along with all necessary endorsements must be filed with the city no less than five calendar days prior to the event unless the chief of police for good cause waives the filing deadline.
4. The insurance requirements of subsections A, B and C of this section shall be waived by the chief of police for nonathletic events if the following conditions are satisfied:
   1. The applicant or an officer of the sponsoring organization signs a verified statement that he believes the event's purpose is First Amendment expression, and that he has determined that the cost of obtaining insurance is so financially burdensome that it would constitute an unreasonable burden on the right of First Amendment expression, or that it has been impossible to obtain insurance coverage.
      The statement shall include the name of an insurance agent licensed to do business in California who has investigated the costs of such insurance, or state that the applicant/sponsor has reviewed the insurance premium for the required coverage under a city held special events insurance policy.
   2. The city may, at its discretion, determine to require the applicant/sponsor to apply for insurance coverage for the event under a policy selected by the city. The applicant/sponsor must provide any information pertinent to qualifying for the insurance coverage. The premium for the insurance coverage will be paid for by the city rather than the applicant/sponsor.
      (Ord. 1585 NCS §3 (part), 1984.)

13.32.140 Cleanup deposits for certain special events.

The applicant/sponsor of an event involving the sale of food or beverages, erection of structures, horses or other large animals, or water aid stations will be required to provide a cleanup deposit prior to the issuance of special event permit. The cleanup deposit shall be returned after the event if the area used for the permitted event has been cleaned and restored to the same condition as existed prior to the event.

If the property used for the event has not been properly cleaned or restored, the applicant/sponsor shall be billed for the actual cost by the city for cleanup and restoration, and the cleanup deposit (or a portion thereof) shall be applied to payment of the bill. If the applicant/sponsor disputes the bill he may appeal to the director of public works within five clays after the receipt of the bill. Should there be any unexpended balance on deposit after completion of the work, this balance shall be refunded to the applicant/sponsor. (Ord. 1585 NCS §3 (part), 1984.)

13.32.150 Traffic control fees -- Use of preestablished routes.

1. Assignment of Police Officers for Traffic Control. The chief of police may require the assignment of overtime officers to provide traffic control at the event. Traffic control by officers includes cleaning the event route or site of unauthorized vehicles, diversion of traffic around the event and direction of pedestrian and vehicular traffic along the route of the event.
2. Payment and Computing of Traffic Control Fees. If overtime officers will be assigned for traffic control at the event, the applicant/sponsor of the event shall be required to prepay the estimated costs of providing the officers prior to the issuance of the event permit. The traffic control fees will be computed by determining the number of police officers who will be required for traffic control, the number of hours the officers will be on duty, and the city's full costs of providing officers on an hourly basis as established by city fee schedule.
3. An Applicant May Request Assignment of Officers. An applicant may request assignment of overtime officers for policing and/or traffic control at the event. Assignment of overtime officers at the request of an applicant/sponsor is discretionary with the chief of police and is subject to availability of overtime officers. The applicant/sponsor shall be required to prepay the estimated costs of providing the officers prior to the issuance of the event permit.
4. Waiver of Traffic Control Fees for Certain Events. Traffic control fees shall be waived by the chief of police for the first four hours that overtime police officers are assigned to provide traffic control at the following events: (1) events sponsored by non-profit youth organizations; (2) for First Amendment events whose primary purpose is First Amendment expression. The applicant/-sponsor of the event must sign a verified statement that he believes the event's purpose is First Amendment expression, and the cost of traffic control fees is so financially burdensome that it would constitute an unreasonable burden on the right of First Amendment expression. If overtime officers will be assigned for more than four hours, the applicant/sponsor shall be required to prepay traffic control fees for time in excess of four hours as specified in subsection B.
5. Billing and Refunds. If the actual costs to the city of providing police officers pursuant to subsections B, C or D on the day of the event is in excess of the applicant/sponsor's police fee deposit, the applicant/sponsor shall be billed for the difference. If the actual costs of providing police services pursuant to subsections B, C or D is less than the applicant/sponsors deposit, the applicant/sponsor shall be refunded the difference.
6. Preestablished Routes. The chief of police may determine certain preestablished routes for parades and other special events within the city, and predetermine the number of officers required for traffic control along those routes.
   (Ord. 1585 NCS §3 (part), 1984.)

13.32.160 Duties of permittee/sponsor of event.

1. Each permittee/sponsor of an event shall comply with all terms, and conditions of the special event permit.
2. Each permittee/sponsor of an event shall ensure that the person leading a parade or other event along a route, or the person in charge of any other event carries the special event permit on his person for the duration of the event.
3. Each permittee/sponsor of an event shall ensure the area used for the permitted event is cleaned and restored to the same condition as existed prior to the event, immediately following the completion of the event.
   (Ord. 1585 NCS §3 (part), 1984.)

13.32.170 Unlawful to sponsor or participate in an event without a permit.

It is unlawful for any person to sponsor or conduct a parade, athletic event or other special event requiring a special event permit unless a permit has been issued for the event. It is unlawful for any person to participate in such an event with the knowledge that the sponsor of the event has not been issued the required permit. Nor shall any person interfere with or disrupt a lawful parade, athletic event or other special event. (Ord. 1585 NCS §3 (part), 1984.)

13.32.180 Unlawful to exceed scope of permit.

The special event permit authorizes the permittee/sponsor to conduct only such event as is described in the permit, and in accordance with the terms and conditions of the permit. It is unlawful for the permittee/sponsor to willfully violate the terms and conditions of the permit, or for any event participant with knowledge thereof, to willfully violate the terms and conditions of the permit. (Ord. L585 NCS §3 (part), 1984.)

13.32.190 Penalties.

The violations of any provision of this chapter is an infraction, and is punishable upon conviction as provided in Section 1.104.060 of the code. Such violations may also be addressed in a civil action. (Ord. 1585 NCS §3 (part), 1984.)