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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, C.l0/ 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: -2- 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; -3- 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 -4- 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. -5- 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: ,.0 ?U(;t/mU!/' '? ./ APPROVED: _ -7~~~~~-t , Mayor -6- '" ~~~ . .. .. 'f . .. - 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 ,.-, A~v~?d~.. , 19 lQ..... ,C i ty Clerk of the City of G i I roy