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HomeMy WebLinkAbout12061 2 3 4 5 6 7 8 9 10 11 i 12' 13 14 15 is 17 18 19 20 21 22 23 2~ 25 26 ORDI23AZvCE ~NO. 1 ~ 0 "` ' AN ORDINANCE At~EttDiPIG CHAPTEP. 14 OF THE BUT~'E COUNTY CODE BY THE ADDT'J'i0il. THERETO OF ARTTCLE Iv OF THE BUTTE COUNTY CODE REL1-1TING TO PARADL~'S - The Board of Supervisors of the County of Butte, State of California, DO ORDAIid as follows: • SECTION I The Butte County Code is hereby amended by amending Chapter. 14 by the addition thereto of Article IX, as follows: ARTICLE Iy REGULATION OF PARADES Section 14-20 DEFINITIO?v'S (1) "Sheriff" is the Sheriff of the County of Butte, State of California, .{2) "County" is the unincorporated area of the County of Butte, State~of California. i ~ (3) "Parade" is any parade, march, ceremony, show,. exhibit pageant, or procession of any kind, or any similar ~ display, in or upon any street, Highway-, road thoroughfare, or alley of the County. (4) :'Parade permit" is a permit required by this Articled (5) "Person" is any person, firm, partnership,.asso.ciation, corporation, company, or organization of any kind. Section 14-21 PERMIT REQUTRED - ~ - a ~ No person shall engage or participate in, aid, form, or start any parade in the County unless a parade permit shall have been obtained from the Sheriff. ' (1) Exceptions This Article shall not apply t~:~ (a} Wedding or funeral precessions; 1 2 3 4 5 6 7 8 9 10 ~11 12 13 14 15 . is 17 18 19 20 21 22 23 24 25 26 (b} Students going to and from school classes or , 'participating in authorized educational activities, providing such Conduct is under the immediate direction and supervision of the proper school authorities. (c) A governmental agency acting within the scop e of its functions, (d) Any vehicular procession conducted within five (5) days of an election, which procession is in support of or in opposition to any candidate or ballot measure to be vested on at said election. Section 14-22 APPLICATION A person seeking issuance of a parade permit shall file an application with the Sheriff, ~ (1} Filing Period An application for a parade permit shall be filed with the Sheriff no less than thirty (30) days nor more than sixty {60) days before the .date on which it is proposed to conduct the parade. {2) Content ' : The application for a parade permit shall set forth the following information: _ Ca) The name, address and telephone number of the person or persons seeking to conduct such parade; (b) If the parade is proposed to be conducted, on behalf of, or by any organization, the name, addres 2. 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 and telephone number of the headquarters of the organization, and of the authorized and responsible heads of such organization; (c) The name, address andielephone number of the .person or persons who will be responsible for the conduct of the parade; (d) The date when the parade is to be conducted; (e) The route to be traveled, the starting point and 'the termination point; (f) The approximate number of persons"who,-and ' animals and vehicles which, will constitute such parade; .the type of animals and descriptions of the vehicles; {g) The hours when such .parade shall start and terminat ; (h) A statement as to whether~.the parade will occupy ' all or only-a portion of the width of the streets, roads, highways, :alleys or thoroughfares proposed. to be traveled; {i) The location by streets, roads, highways, alleys or thoroughfares of any assembly areas for such.. parade; (j) The time at which units of the parade will begin to assemble at any such assembly area or areas; (k) The interval of space to be maintained between • units of such parade; ' 3, 1 (1) If the parade is designated to be held by, or '• 2 ~ on behalf of, any person other than the applicant, g the applicant for such permit shall file with 4 the Sheriff a communication in writing from the ~ person proposing to hold the parade, authorizing g the applicant to apply for the permit on his 7 ~ behalf; g (m) Any~additionai information which the Sheriff shall g find reasonably necessary to a fair deterrairn.tion 10 of the regulation and conduct of such paraded ', 11 (3) Late Applications 12 The Sheriff, where good cause is shown therefor,. shall 13 have the authority to consider any application here- 14 ~ under which is filed less than thirty (30) days before 15 the date such parade is proposed to be conductede 16 Section i4~23 CONDITIONS ~'OR ISSUANCE 17 Upon receipt of an application for a parade permit the 18 Sheriff shall forward a copy of said application to the Director of 19 Public Warks, the County Director of Health Care Services, 20 California Highway Patrol, Oroville Office, the fire Chiefs of 21 the affeci~i area, the Civil Defense Office, and any county 22 department or any other public 23 24 2S 26 ~~ _. _ __ .. _ _. 1 agency which may be affected by the operation and conduct of such 2 parade. The Sheriff shall request comments from said departments 3 relating to the operation and conduct of the public business and 4 welfare requesting the opinion of said department heads of the 5 effect, if any, of the conduct of such parade upon traffic 6 control, emergency vehicle movement including but not limited q to ambulances and the like, the movement of fire fighting g equipment en route to a fire and such other.mstters as are or 9 may hereinafter be subject to the control and direction of such 10 department heads, 11Written'replies shall be submitted to the Sheriff from the 12 departments involved within f.ifteen.(15) days before action is 13 required to be taken on such permit and considered in relation to 14 the matter set forth in the application,-and in relation to the 15 standards contained in.Section 14-,26. .If the written replies or 16 information the Sheriff receives as the result of his own investig~ 17 tion of the permit indicate. that the operations of the departments 18 involved or the public health, welfare or safety will not be 7:9 adversely affected by the conduct and operation of the proposed 20 parade, the~Sheriff shall issue the parade permit as applied for. 2I If any of the written replies including any information the 22 Sheriff may receive as the result of his o~,rn investigation of the 23 permit indicate that the public safety, health and welfare may be 24' materially hampered by the conduct and operation of the proposed 25 parade the Sheriff shall issue a parade permit altering any of 26 the appropriate items set forth in Section 14-22(2) so as to 5. 1 insure that the public safety, health and welfare will not be~ 2 j eopardiz~ed~ by the conduct of such parade. 3 Section 14-24 APPEAL PROCEDURE ~ The applicant or any aggrieved person including but not . 6 limited to any county officer, department, board or commission 6 affected by the permit, shall have the right to appeal the form q of the parade permit to the Board of Supervisors of the County. g The appeal shall be taken within three (3) days after issuance g by the Sheriff and shall be presented. to the Board for determina- 10 tion. The Board may hear additional evidence and may sustain or 11 modifty the decision of the Sheriff consistent with the standards 12 set forth in Section 14-23. The decision of the Board shall be 13 final. 14 Section 14-25 NOTICE TO COUNTI~ AND OTI-IER OFFICIALS ~~--_ 15 Immediately upon the issuance of a parade permit, the 16 Sheriff shall send a copy thereof to the following: 17 (1) The members of the Board.of Supervisors;- 18 (2) The District Attorney; . 19 (3) The Fire Chiefs of the affected areas; 20 (4) The Director of the Department of Public Works; 21 (5)- The. Director of Civil Defense; ~ ° 22 (5) Any other county official or department head who has 23 replied to the Sheriff as hereinabove set forth. 24 (7) California Highway Patrol, Oroville Office 25 Section 14-26 CONTENTS OF FERMIT 26 Each parade permit shall .state the following .information; 6. I 1 2 3 4 5 6 7 8 9 to 11 12 13 14 35 16 17 18 19 20 21 22 23 24 25 26 (1) Starting time; . (2) Minimum speed; . (3) Maximum speed; (4) Maximum interval of space to be maintained between the units of the parade; (5) The portions of .streets, roads, highways, alleys, or thoroughfares to be traversed that may be occupied by the parade; (6) The maximum length of the parade. in miles or fractions thereof; (7) Such other information or conditions as the Sheriff shall find necessary to the enforcement of the terms and conditions of the permit.. Section 14-27 DUTIES OF PERMITTEE A permittee hereunder shall comply with all permit directions and conditions and with all applicable laws and ordinances. (1) Possession of Permit The parade chairman or other person heading or leading such activity shall carry the parade permit upon his person during the condv.ct of the parade. Section 14-28 PUBLIC CONDUCT DURING PARADES ' (l) Interference No person shall unreasonably hamper, obstruct, or impede or interfere with any parade or parade assembly or with any person, vehicle or animal participating or used in a paraded ~ '. 7, 1 2 3 4 5 6 7 8 9 10 11 . 12 13 i4 15 16 17 18 19 20 21 22 23 24 25 26 (2) Driving through Parades Except for emergency vehicles or as otherwise directed by a Peace Officer, no driver of a vehicle or bus shall drive between the vehicles, animals or persons comprising a parade when such vehicles, animals or perso are in motion and are conspicuously designated as a parade. (3) Parking on Parade Route The Sheriff shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a street, highway, road,' thoroughfare or alley, or part thereof constituting a part of the route of the parade. The Department of Public Works shall post signs to such effect as directed by the Sheriff and it shall be,unlawful for any person to park or leave unattended any veE~icle in violation thereof, Section 14-29 REVOCATION OF PERMIT The Sheriff shall have the authority to revoke the permit issued hereunder when any of the operations or conduct of such parade violate any of the conditions listed in the contents. of said permit. ~ e Section 14-30 VIOIATIOPd-MISDEMEANOR: P~IALTIES Every person who violates any of the provisions of this Article is guilty of a misdemeanor and upon conviction is punish- able by a fine not to exceed Five Hundred Dollars ($500.00) or by imprisonment not exceeding six (6) months in the County Jail or 8. 1 2 3~ 4 5 6 7 8 9 10 11 12 13 14, 15 I I6 17 18 19' 20 21 22 23 24 25 26 I by both. Every separate act in violation of this Chapter iS•a separate offense, SECTION II This ordnance shall take effect and be in force thirty (30) days from and after the date of its passage and before the expiration of fifteen (15) days after its gassage it shall be published once with the names of the members voting for and against the same in a nezaspaper published in the County of Butte.. PASSED AND ADOPTED by the Butte County Board. of Supervisors this 26th day of October 1971, by the following-vote: AYES• Supervisors Gilman, Madigan Maxon, McKillop, and • Chairman Reynolds NOES• None ABSENT: None NOT VOTING: None ATTEST: 'CLARK A. NELSON, County Clerk and ex\\-of/Ificio Clerk cif the Board ay ~'J - r:, x~YNU~.lisy~ ~na1rman or the County Board of Supervisors ~~ 9.