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HomeMy WebLinkAboutORD 1266ORD 1266ÛyÁ åw @äÚyÿŠU 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 Sections 97.105 through 97.112 of the Baldwin Park Municipal Code are hereby repealed.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 @äÚyÿŠU 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 @äÚyÿŠU 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 @äÚyÿŠU 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 @äÚyÿŠU 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 @äÚyÿŠU 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 @äÚyÿŠU 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 @äÚyÿŠU 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 @äÚyÿŠU 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 @äÚyÿŠU 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