Ordinance 901
ORDINANCE NO. 901
AN ORDINANCE OF THE CITY OF GILROY REGULATING PARADES,
MEETINGS, ASSEMBLIES, AND SOUND AMPLIFYING SYSTEMS IN
PUBLIC PLACES, PROVIDING FOR THE ISSUANCE OF PERMITS
THEREFOR, AND PROVIDING PENALTIES FOR ITS VIOLATION.
THE CITY COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS:
SECTION I: PERMIT REQUIRED. It shall be unlawful for any
person to conduct a meeting, assembly, parade or procession, or
use a sound amplifying system of any kind or any other similar
display, or cause or permit the same upon any public street, alley,
park, or any other public grounds in the City unless there has
first been obtained from the City Administrator a permit to do so,
and said permit shall be carried by a person heading or leading
said activity.
SECTION II: EXCEPTIONS. The provisions of this ordinance
shall not apply to:
A. Funeral processions;
B. Students of the schools going to and from classes or
when constituting a part of their educational activities and under
the immediate direction and supervision of the proper school
authorities, nor
C. A governmental agency within the scope of its functions.
SECTION III: APPLICATION FOR PERMIT. Any person desiring
to conduct or manage a meeting, assembly, parade or procession
or use a sound amplifying system shall, not less than ten (10)
nor more than sixty (60) days before the date on which it is
proposed to conduct such parade, meeting or other activity, file
with the City Administrator a verified application on a form
furnished by the City Administrator, setting forth the following
information:
A. The name of the person or organization wishing to conduct
such parade, meeting or other activity.
B. If the parade, meeting or other activity is proposed to
be conducted for, on behalf of, or by an organization, the name,
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address and telephone number of the headquarters of the organiza-
tion, and the authorized and responsible head of such organization;
C. The name, address and telephone number of the person who
will be the chairman of the parade, meeting or other activity and
who will be responsible for its conduct;
D. The name, address and telephone number of the person or
organization to whom the permit is desired to be issued;
E. The date when such parade, meeting or other activity is
to be conducted;
F. The location or the route to be traveled, the starting
point and the termination point;
G. The approximate number of persons who, and animals
and vehicles which will constitute such parade, meeting or other
activity; the type of animals, and a general description of the
vehicles;
H. The time when such parade, meeting or other activity
will start and terminate;
I. Whether such parade will occupy all or only a portion
of the width of the streets proposed to be traversed;
J. The location by streets of any assembly area or areas
for such parade;
K. The time at which units of the parade will begin to
assemble at any such assembly area or areas.
L. Such other information as may be required by the City
Administrator to enable him to make adequate arrangements, as
the circumstances may require, for proper policing of the
proposed activity or public use of the sound amplifying system.
SECTION IV: ISSUANCE OF PERMIT. The City Administrator
shall issue a permit as provided for hereunder when, from a
consideration of the application and from such other information
as may otherwise be obtained, he finds that:
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A. The conduct of such parade, meeting or other activity
will not substantially interrupt the safe and orderly movements
of other pedestrian or vehicle as traffic continguous to its
route;
B. The conduct of such parade, meeting or other activity
will not require the diversion of so great a number of police
officers of the City to properly police the line of movement or
location and the areas contiguous thereto, as to prevent normal
police protection to the City;
C. The concentration of persons, animals and vehicles at
assembly points of the parade or location of the meeting or
other activity will not unduly interefere with proper fire and
police protection of, or ambulance service to, areas contiguous
to such assembly areas or locations;
D. The conduct of such parade or meeting or use of a sound
amplifying system will not have an undue adverse affect upon
schools, hospitals, churches, businesses or residents in the
vicinity of such activity;
E. The conduct of such parade, meeting or other activity
will not unduly interefere with the movement of fire-fighting
equipment enroute to a fire or other emergency equipment;
F. The conduct of such parade, meeting or other activity
is not reasonably likely to cause injury to person or property
or to provoke disorderly conduct or create a disturbance; and
G. Such parade, meeting or other activity is not be be
held for the sole purpose of advertising the goods, wares, or
merchandise of a particular business establishment or vendor;
SECTION V: TERMS OF PERMIT. The permit to be issued by the
City Administrator shall prescribe the following:
A. The name of the person or organization wishing to conduct
such parade, meeting or other activity;
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B. If the parade, meeting or other activity is proposed to
be conducted for, on behalf of, or by an organization, the name
address and telephone number of the headquarters of the organiza-
tion, and of the authorized and responsible for its conduct;
C. The name, address and telephone number of the person
who will be the chairman and who will be responsible for its
conduct;
D. The name, address and telephone number of the person
or organization to whom the permit is desired to be issued;
E. The date when such activity is to be conducted;
F. The location or the route to be traveled, the staring
point and the termination point;
G. The approximate number of persons who, and animals and
vehicles which will constitute such activity; the type of
animal and general description of the vehicles;
H. The time when such activity will start and terminate;
I. Whether such parade will occupy all or only a portion
of the width of the streets proposed to be traversed;
J. The location by streets of any assembly area or areas
for such parade; and
K. The time at which units of the parade will begin to
assemble at any such assembly area or areas.
L. Such other regulations as may be required for proper
policing of the activity or public use of sound amplifying systems.
SECTION VI: NOTICE OF REJECTION. The City Administrator
shall act upon the application for a parade permit within five
(5) days after the filing thereof. If the City Administrator
disapproves the application, he shall mail to the applicant within
five (5) days after the date upon which the application was filed,
a notice of his action, stating the reasons for his denial of
the permit. Such notice shall be mailed to the applicant at his
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address as given therein.
SECTION VII: APPEAL. Any person who has been denied a
permit by the City Administrator may appeal to the Council by
filing a written notice of said appeal within five (5) days
after the mailing by the City Administrator of the notice of
rejection.
SECTION VIII: ALTERNATIVE PERMIT. The City Administrator
in denying an application, may authorize the conduct of such
parade, meeting or other activity on a date, at a time, or at a
location or by a route different from that named by the applicant,
and if the applicant desires to accept the proposed date, time
and location or route, he shall, within two (2) days after notice
of the action of the City Administrator, file a notice of
acceptance with the City Administrator. Such permit shall conform
to the requirements of this ordinance.
SECTION IX: LATE APPLICATIONS. The City Administrator
shall have authority, in his discretion, to consider any applica-
tion for a permit to conduct a parade which is filed less than
ten (10) days before the date such parade is proposed to be
conducted.
SECTION X: OFFICIALS TO BE NOTIFIED. Immediately upon the
granting of a parade permit, the City Administrator shall send
a copy thereof to the following:
A. The Chief of the Gilroy Police Department;
B. The Chief of the Gilroy Fire Department;
C. The Chief of the Gilroy Rural Fire Department;
D. Other public officials responsible for functions deemed
likely to be affected by the parade, meeting or other activity.
E. Any public transportation or other utility, the regular
routes of whose vehicles will be affected by the route of the
proposed parade, meeting or other activity.
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SECTION XI: INTERFERENCE WITH PARADE. No person shall
without the consent of the permittee, join or participate in a
parade, meeting or other activity, nor in any manner interfere
with its progress or orderly conduct.
SECTION XII: VIOLATIONS. Each violation of any provision
of this ordinance and each violation of any of the prescribed
terms under which the permit is issued shall constitute a
misdemeanor and be punishable as such by imprisonment in the
County Jail for not to exceed six (6) months or by a fine of not
to exceed Five Hundred Dollars ($500.00), or by both such fine
and imprisonment. Each violation of this ordinance and each
violation of any of the prescribed terms under which the permit
is issued shall constitute a public nuisance and be subject to
abatement as such.
SECTION XIII: EFFECTIVE DATE. This ordinance shall become
effective thirty (30) days following its adoption.
SECTION XIV: CONFLICTING ORDINANCES. All other ordinances
and parts of ordinances in conflict herewith are hereby repealed.
PASSED AND ADOPTED this 2nd day of November, 1970, by the
following vote:
AYES: COUNCILMEMBERS:
BATREZ, DUFFIN, KENNEDY, PATE,
SILVA, WENTWORTH and GOODRICH
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
None
None
ATT~f1:
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APPROVED: _
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, Mayor
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
heleby certify that the attached Ordinance No. 901 is an original
ordinance, duly adopted by the Council of the City of Gilroy at a
regular meeting of said Counci J held on the 2nd day of November
, 19~, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the City of Gilroy, this 4th day of November
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A~v~?d~..
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,C i ty Clerk of the City of G i I roy