HomeMy WebLinkAboutORD 1266ORD 1266ÛyÁ åw @äÚyÿ Š U
èô URGENCY
ORDINANCE NO. 1266
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF BALDWIN PARK, CALIFORNIA,
REPEALING SECTIONS 97.105 THROUGH 97.112 OF,
AND ADDING SECTIONS 97.105 THROUGH 97.111 TO
THE BALDWIN PARK MUNICIPAL CODE RELATING TO
PERMITS FOR GROUP GATHERINGS PARADES AND
DEMONSTRATIONS
WHEREAS, on or prior to 1983, the City Council adopted regulations pertaining
to parade and demonstration permits, some of which have been rendered
unenforceable by court decisions since that time when applied to events which involve
expression protected by the First Amendment to the United States Constitution; and
WHEREAS, the City has recently been the locus of demonstrations and parades
which involve such expressive activity, some of which have resulted in injury to persons;
and
WHEREAS, the City has been advised that further demonstration and/or parade
activity is being planned to occur on June 25; and
WHEREAS, the City Council desires to establish clear rules and regulations for
the conduct of such activity, consistent with the constitutions of California and the
United States, so as to assure to the extent possible that such demonstration and/or
parade activity will not impose a detriment to the public health, safety, or welfare, nor
result in further injury to persons or property, while assuring that the opportunity for
such activity remains available.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. Sections 97.105 through 97.112 of the Baldwin Park Municipal
Code are hereby repealed.
SECTION 2. Sections 97.105 through 97.111 are hereby added to the Baldwin
Park Municipal Code to read as follows:
PARADE AND DEMONSTRATION PERMITS
97.105 DEFINITIONS
For purposes of this subchapter Sections 97.015 through 97.111),
the following definitions shall apply:
A) Business day" shall be any day in which the administrative
offices of the City of Baldwin are open for business.
B) Chief Executive Officer" means the Chief Executive Officer
of the City of Baldwin Park or his/her designee.
ORD 1266ÛyÁ åw @äÚyÿ Š U
èô Urgency Ordinance 1266
C) Demonstration" means a group gathering for the purpose of Page 2
expressive activity.
D) Expressive activity" means conduct, the sole or principal
object of which is the expression, dissemination or communication by
verbal, visual, literary or auditory means of opinion, views or ideas.
Expressive activity includes, but is not limited to, public oratory and the
distribution of literature.
E) Group gathering" means any formation, procession, or
congregation of persons who intend to or do assemble, travel in unison, or
both assemble and travel in unison, for any purpose in or on any public
place.
F) Public place" means any public property which is
recognized by law as a public forum, including without limitation any park,
plaza, street, alley, highway, thoroughfare or sidewalk.
G) Spontaneous demonstration" means a demonstration
occasioned by news or other information which has come into public
knowledge within five 5) days before such demonstration.
97.106 PERMIT REQUIRED
A) No person shall hold, manage, conduct or cause to be
conducted, or participate or take part in any group gathering in, on, or
upon any public place without first obtaining a permit therefor in the
manner specified in this subchapter.
B) The following group gatherings shall be exempt from the
permit required by Subsection A) of this Section:
1. Any group gathering consisting of not more than thirty
five 35) persons which takes place in a public place
and in a manner that complies with all regulations,
laws, or controls governing the use of such public
place, including but not limited to any applicable
traffic regulations.
2. Funeral processions not otherwise exempt pursuant
to paragraph 1 above, if conducted by a licensed
mortuary or funeral home, and provided the Chief
Executive Officer has been provided notice of the
proposed date, time, and route of such procession
not less than two business days prior to the
procession occurring;
ORD 1266ÛyÁ åw @äÚyÿ Š U
èô Urgency Ordinance 1266
Page 3
3. Any group gathering not otherwise exempt pursuant
to paragraph 1 above which is conducted or
sponsored by a governmental entity and which takes
place solely within or on property owned by such
governmental entity.
97.107 CONDITIONS TO PERMIT
A) The Chief Executive Officer may condition any permit issued
pursuant to this subchapter with reasonable requirements concerning the
time, place, or manner of holding a group gathering as set forth in
Subsection D) of Section 97.109.
B) Conditions which may be imposed on a permit include, but
are not limited to, the following:
1. The establishment of an assembly and/or disbanding
area for a group gathering which involves traveling in
unison;
2. The accommodation of the pedestrian and vehicular
traffic which will result from the group gathering,
including, but not limited to, requiring the use of traffic
cones or barricades or city personnel to direct such
traffic;
3. The restriction of persons not in vehicles to such
designated portions of a public place as necessary to
assure their personal safety or the safety of the
public;
4. Conditions designed to avoid or lessen interference
with public safety functions or emergency service
access;
5. Inspection and approval by City personnel of any
stage, booth, or other structure proposed for use in
connection with the group gathering to ensure that
such structures are safely constructed and conform to
the requirements of all applicable codes;
6. The provision and use of first aid stations or sanitary
facilities, including handicap accessible facilities;
7. Restrictions on the use of sound amplification
ORD 1266ÛyÁ åw @äÚyÿ Š U
èô Urgency Ordinance 1266
equipment or other noise generating machinery as Page 4
necessary to cause the conduct of the participants in
the group gathering to comply with applicable noise
regulations;
8. The provision of a waste management plan, and
requirements for the clean-up and restoration of the
site of the group gathering;
9. The manner in which the permittee must provide
notice of permit conditions to participants in the group
gathering;
10. A requirement that the permittee provide notice of the
group gathering to businesses and residences which
abut the proposed location(s) of the group gathering
or are directly across the street from the proposed
location(s) of the group gathering;
11. The designation of alternate sites, times, dates, or
modes for expressive activity which will reasonably
reduce or mitigate adverse impacts on the public
health and safety.
C) Issuance of a permit pursuant to this subchapter does not
obligate or require the City to provide any City services, equipment, or
personnel in support of a group gathering. If such services, equipment, or
personnel are required as a condition of approval, the permittee shall be
responsible to reimburse the city for the actual cost of such services,
equipment, or personnel as set forth in Section 97.110.
D) No condition shall be imposed in a manner that will
unreasonably restrict expressive activity or other activity protected by the
California or United States Constitutions.
97.108 PERMIT APPLICATION
A) The application for a permit to conduct a group gathering
shall be filed on the form provided by the City with the Chief Executive
Officer.
B) Except as set forth in this subsection for spontaneous
demonstrations, each application for a permit for any group gathering
which involves any use of a public place regularly utilized for vehicles,
including but not limited to the crossing of streets by pedestrian
participants traveling in unison, must be filed not less than seven 7)
ORD 1266ÛyÁ åw @äÚyÿ Š U
èô Urgency Ordinance 1266
business days immediately prior to the date of the group gathering. Page 5
Except as set forth in this subsection for spontaneous demonstrations,
each application which involves only the use of a public place from which
vehicular access is barred must be filed not less than three 3) business
days immediately prior to the date of the group gathering. Each
application for a spontaneous demonstration may be filed not later than
5:00 p.m. of the second business day immediately preceding the date of
the proposed spontaneous demonstration.
C) Each application shall contain full, complete and detailed
information as to the following:
1. The name, address, and telephone number of the
person or persons seeking to conduct the group
gathering. If the person is an organization, the name,
address, and telephone number of the individual to be
contacted shall also be included;
2. A certification that the applicant shall be financially
responsible for any city fees, charges, or costs that
may be lawfully imposed for the group gathering;
3. A statement of the purpose of the group gathering;
4. A statement of any fees to be charged to participants
or spectators in connection with the group gathering;
5. The proposed location of the group gathering,
including a plot plan depicting the placement of any
temporary structures or facilities. If the group
gathering involves traveling in unison, the proposed
location of the assembly and disbanding areas and
the route to be taken, including a map and written
narrative, shall be provided;
6. The date of the group gathering;
7. The time when the group gathering is to be conducted
including the approximate times for assembly for and
disbanding of the group gathering;
8. The approximate number of persons, and the
approximate number and type of any animals or
vehicles that will participate in the group gathering;
9. A description of any amplification equipment to be
ORD 1266ÛyÁ åw @äÚyÿ Š U
èô Urgency Ordinance 1266
used at the group gathering; Page 6
10. A description of any other noise generating machinery
to be used at the group gathering;
11. A description of any equipment or service necessary
to conduct the group gathering with due regard for the
health and safety of the participants and the public;
12. The number of persons proposed or required to
monitor or facilitate the group gathering and to
provide control and direction for use of the public
place;
13. Provisions, if any, for first aid or emergency medical
services, or both, based upon risk factors inherent in
the group gathering activities;
14. Provisions, if any, for food and/or beverage
distribution to the participants in the group gathering;
15. Provisions for clean-up and disposal of any debris or
waste generated by the group gathering.
97.109 PERMIT APPROVAL
A) Within two business days after the filing of an application for
any group gathering other than a spontaneous demonstration, the Chief
Executive Officer shall review it and either approve, conditionally approve,
or deny the application. The Chief Executive Officer shall review and
either approve, conditionally approve, or deny an application for a
spontaneous demonstration by 5:00 p.m. of the business day immediately
preceding the date of the proposed spontaneous demonstration.
B) The Chief Executive Officer shall make his/her determination
on whether to approve, conditionally approve, or deny the application on
the basis of the standards set forth in this Section. In making such
determination, no consideration shall be given to any message or the
content of any expressive activity connected with the group gathering, the
identity or associational relationships of the organizer of the group
gathering or its members or affiliates, or any assumptions or predictions
as to response by any spectators to any expressive activity connected
with the group gathering.
C) The Chief Executive Officer shall issue the permit
unconditionally if he finds that the following criteria have been met:
ORD 1266ÛyÁ åw @äÚyÿ Š U
èô Urgency Ordinance 1266
Page 7
1. The proposed use of the public place is not governed
by or subject to any other permit procedures or to any
other applicable laws, rules, or regulations governing
the use of such public place;
2. The group gathering will not substantially interrupt
public transportation or other vehicular traffic in the
area of its location or constitute or create a traffic
hazard;
3. The activity to be conducted by the participants in the
group gathering will not result in or lead to injury to
person or property;
4. The group gathering will not interfere with
construction or development scheduled to occur at
the public place on the date of the group;
5. The group gathering will not substantially interfere
with other authorized and permitted uses of the public
place proposed for use;
6. The group gathering will not unreasonably interfere
with access to police or fire stations or other public
safety facilities;
7. The proposed location(s) for the group gathering can
physically accommodate the number of participants
expected.
D) If the Chief Executive Officer determines that one or more of
the findings required by Subsection C) above cannot be met, he shall
determine whether the imposition of any one or more of the conditions set
forth in Section 97.107 on the time, place, or manner of conduct of the
group gathering can cause such criteria to be met. In such case, he shall
issue the permit subject to the applicable condition(s).
E) The Chief Executive Officer shall deny the application if:
1. the application contains incomplete, false or
misleading information, or
2. the applicant or the person or entity on whose behalf
the application for the permit was made has on the
prior occasion of a group gathering damaged City
property and has not paid in full for such damage or
has other outstanding and unpaid debts to the City
ORD 1266ÛyÁ åw @äÚyÿ Š U
èô Urgency Ordinance 1266
resulting from a prior group gathering; or Page 8
3. the Chief Executive Officer determines that one or
more of the findings required by Subsection C)
above has not been met and there is no permissible
condition which may be imposed on the time, place or
manner of conduct of the group gathering so as to
cause the findings set forth in Subsection C) above
to be met.
F) The Chief Executive Officer shall give prompt notice of
his/her approval, conditional approval, or denial of the application to the
applicant by telephone, followed by written confirmation of the decision.
Such notice shall include notice of any cost deposits required pursuant to
Section 97.110 and/or insurance required pursuant to Section 97.111.
Any decision to conditionally approve or deny an application shall be
accompanied by detailed facts and reasons for such determination.
97.110 FEES AND COST RECOVERY
A) Each application shall be accompanied by a nonrefundable
permit application fee in an amount established by resolution of the City
Council.
B) If any condition of approval requires the permittee to obtain
and utilize services, equipment or personnel to be provided by the City,
the Chief Executive Officer shall provide the permittee with an estimate of
the cost thereof, based upon the actual cost to the City of providing such
service, equipment, or personnel for the time(s) and in the place(s)
required. The permit shall not be issued until such time as the permittee
has posted with the City a deposit in the total amount of the estimated
cost.
C) If a group gathering includes the use of horses or other
large animals, the operation of water stations, or food or beverage
distribution or sales, a deposit reasonably calculated to cover the cost of
cleaning the public place after the conclusion of the group gathering may
be required. The permit shall not be issued until such time as the
permittee has posted such deposit with the City.
D) The City shall keep true and accurate records of the actual
costs of services, equipment, personnel, or clean-up incurred in
connection with the group gathering. Such costs shall include all costs
incurred by the City in anticipation of the group gathering, even if the
event is cancelled. If the actual costs are less than the deposit, any
excess funds shall be promptly refunded to the permittee. If the actual
costs exceed the deposit, the City shall send notice to the permittee of the
amount due, which shall be due and payable within ten 10) days of the
ORD 1266ÛyÁ åw @äÚyÿ Š U
èô Urgency Ordinance 1266
Page 9
date of notice.
E) Any indigent natural person who intends to organize a
demonstration who cannot obtain a permit because of an inability arising
from such indigence to pay the costs or obtain the insurance required by
this subchapter may request the Chief Executive Officer to recommend
alternatives to the scale, time, place, or conduct of the demonstration that
would result in less costs being incurred or insurance not being required.
Upon receipt of such request, the Chief Executive Officer shall make
his/her best efforts to advise the indigent natural person of such
alternatives and shall modify or waive such costs and/or insurance upon
acceptance by such person or such alternatives. Application for indigent
status shall be made at the time of permit application and shall be
accompanied by such relevant information and documentation as may, in
the opinion of the Chief Executive Officer, be reasonably necessary to
verify such status. For purposes of this subchapter, an indigent natural
person shall be a person who meets the standards of eligibility to proceed
in court in forma pauperis.
97.111 INDEMNIFICATION; INSURANCE
A) Each permit shall expressly provide that the permittee
agrees to protect, indemnify, and hold harmless the City, and its officers,
employees, and agents from and against any and all claims, damages,
expenses, losses, or liability of any kind or nature whatsoever arising out
of, or resulting from the alleged acts or omissions of the permittee or its
officers, employees, or agents connected with the permitted group
gathering, and to defend, at the permittee's own cost, risk, and expense,
any and all claims or legal actions that may be commenced or filed
against the City, or its officers, employees or agents as a result of the
alleged acts or omission of permittee or permittee's officers, employees,
or agents connected with the permitted group gathering.
B) No permit shall be issued until the permittee has provided
evidence satisfactory to the Chief Executive Officer that the permittee has
procured a policy of insurance from a reliable insurance company
authorized to do business in the State of California, which policy includes
the City, its officers, employees and agents as named insureds or
additional named insureds, and which provides the coverage that the
Chief Executive Officer determines to be necessary, reasonable, and
adequate under the circumstances. In making such determination, the
Chief Executive Officer shall consider only the following factors: 1) those
physical factors arising from the manner in which the group gathering is
held which create the risk of injury to the participants or spectators of the
group gathering, including, but not limited to, the number of participants,
the location of the group gathering, and the absence or presence of
vehicular traffic in proximity to the group gathering; 2) whether the risk
ORD 1266ÛyÁ åw @äÚyÿ Š U
èô Urgency Ordinance 1266
can be lessened or eliminated by adjusting the time, date, place, or Page 10
planned manner of conduct related to the group gathering; and 3) if so,
whether the applicant is willing to make such adjustments.
SECTION 3. This ordinance is an urgency ordinance, required for the immediate
preservation of the public peace, health or safety. The City Council declares that the
facts constituting the urgency are those set forth in the recitals hereto, including but not
limited to the need to enact provisions to mitigate to the greatest extent possible the
potential for further personal injury at any demonstration within the City. This ordinance
has been passed by a four-fifths vote of the City Council, and shall become effective
immediately.
SECTION 4. The City Clerk shall certify to the passage of this ordinance and
shall have it published in accordance with the provisions of state law.
PASSED AND APPROVED this 15th day of June, 2
M U L NO
M R
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss:
CITY OF BALDWIN PARK
I, ROSEMARY M. RAMIREZ, Chief Deputy City Clerk of the City of Baldwin
Park, do hereby certify that the foregoing Ordinance was duly adopted by the City
Council at a regular meeting on June 15, 2005 by the following vote:
AYES: COUNCILMEMBERS: Marlen Garcia, David J. Olivas, Bill Van
Cleave, Mayor Pro Tern Ricardo Pacheco, and
Mayor Manuel Lozano
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: CO CILMEMBERS: NONE
ROSEMARY M. IREZ, CMC
CHIEF DEPUTY CITY CLERK
BIB]
38657-U01
ORD-U02
1266-U02
LI2-U03
FO8535-U03
FO62476-U03
DO75127-U03
C5-U03
ORDINANCES-U03
10/19/2005-U04
ROBIN-U04