Ordinance 1989-02ORDINANCE NO. 89~-2
AN ORDINANCE OF THE CITY OF GILROY AMENDING CHAPTER 13A
OF THE GILROY CITY CODE REGULATING MEETINGS, ASSEMBLIES,
PARADES, SOUND AMPLIFYING SYSTEMS AND LIVE MUSIC.
THE CITY COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS
FOLLOWS:
SECTION I. Chapter 13A of the Gilroy Code is amended
to read as follows:
CHAPTER 13A
MEETINGS, ASSEMBLIES, PARADES, SOUND AMPLIFYING SYSTEMS, LIVE MUSIC
Sec. 13A.1. Permit-Required-Fees: It shall be unlawful
for any person to conduct or sponsor a meeting, concert, live
music, 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 street,~ alley, park, or any other public
or private grounds in the city unless there has first been obtained
from the police department a permit to do so, and said permit
shall be carried by a person heading or leading said activity. Fees
for such permits shall be fixed by Council resolution.
Sec. 13A.2. Same-Exceptions:
shall not app--I~ to:
The provisions of this chapter
(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.
(d) Sound amplifying systems used on private property
where the sound produced does not carry beyond the
property line so as to disturb persons on adjoining
property.
(e) Radios and other sound amplifying systems, wherever
used, when the volume does not exceed the volume of
normal conversational speech.
(f) Meetings, assemblies in residentially zoned areas,
Sec. 13A.3. Application for permit: Any person desiring
to conduct or manage live music, concert, assembly, parade or
procession or use a sound amplifying system shall, not less than
thirtyO.~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 police department a verified application on a form
furnished by the city administrator, setting forth the following
information:
ORDINANCE NO. 89-2 -1-
(~) The name of the person or organimation 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 organiza-
tion, the name, address and telephone number of the
headquarters of the organization, 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 or dates when such parade, meeting or other
activity is to be conducted, and its duration.
(if) The location of the meeting or other activity 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) If a parade, whether such parade will occupy all or
only a portion of the width of the streets proposed to
be traversed.
(j) If a parade, the location by streets of any assembly
area or areas for such parade.
(k) If a parade, the time at which units of the parade will~
begin to assemble at any such assembly area or areas.
(1) Provisions for sanitation and parking.
(m) Such other information as may be required by the
police department to enable it to make adequate
arrangements, as the circumstances may require, for
proper policing of the proposed activity or public
use of the sound amplifying system.
Sec. 13A.4. Issuance~°~rPermit: The police department shall
issue ~ ~e~-~-~ 'as provided hereunder when, from a consideration of
the application and from such other information as may otherwise
be obtained, it finds that:
(a) The activity does not come under the provisions of
Section 1344(c) of this Code; and if it does, the
application shall be referred to the Council.
(b) 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
contiguous to its route or location.
ORDINANCE NO. 89-2 -2-
(c) 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, and Chapter 18C of this Code has been complied
wi th.
(d) The concentration of persons, animals and vehicles at
assembly points of the parade or location of the meet-
ing or other activity will not unduly interfere with
proper fire and police protection of, or ambulance
service to, areas contiguous to such assembly areas or
locations.
(e) The conduct of such parade or meeting or use of a
sound amplifying system will not have an undue adverse
effect upon schools,~ hospitals, churches, businesses or
residents in the vicinity of such activity.
(f) The conduct of such parade, meeting or other activity
will not unduly interfere with the movement of fire-
fighting equipment enroute to a fire or other emer-
gency equipment.
(g) 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
(h) That the applicant has not violated the terms of a
prior permit.
(i) That proper provisions have been provided for sani-
tation and parking.
Sec. 13A.5. Terms of permit: The permit to be issued by
the po-l-fce--d-~rtme-~-~ ~ha-]71 prescribe the following:
(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 organiza-
tion, the name, address and telephone number of the
headquarters of the organization 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 or dates when such activity is to be conducted,
with a maximum duration of One (1) year.
(f) The location or if a parade, the route to be traveled,
the starting point and the termination point.
(g) If a parade, the approximate number of persons who, and
animals and vehicles which will constitute such activity;
the types of animals and general description of the vehicles.
ORDINANCE NO. 89-2 -3-
(h) The time when such activity will start and terminate.
(i) If a parade, whether such parade will occupy all
or only a portion of the width of the streets proposed
to be traversed.
If a parade, the location by streets of any assembly
area or areas for such parade; and
(k) If a parade, the time at which units of the parade will
begin to assemble at any such assembly area or areas.
(1) Requirements for sanitation and parking.
(m) Such other regulations as may be required under local
state or federal law for proper policing of the activity
or public use of sound amplifying system.
Sec. i3A.6. Notice 'of 'rej~ection of application: The police
departments-~-~-fl act upon the applicatl-6n fOr a Parade permit within
five (15) days after the filing thereof. If the police department
disapproves the application, it shall mail to the applicant within
five (5) days after the date upon which the application was filed,
a notice of its action, stating the reasons for its denial of the
permit. Such notice shall be mailed to the applicant at his
address as given therein.
'Sec I3A.7. Ap'peal from denial of permit: Any person who
has been d~ a permit y~--~he polic~-department may appeal
forthwith to the city administrator who shall mail applicant
notice of his action within two (2) days and if again denied,
th~n to the council at their regular meeting by filing a written
notice of said appeal within five (5) days after the mailing by
the city administrator of the notice of rejection.
Sec. 13A.8. Alternative permit: The police department or
city a--d~inistrator 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 police department or city adminis-
trator. Such permit shall conform to the requirements of this chapter.
'Sec. 'I3A.9. Late applications: The police department shall
have au--u-~o~{ty, in~ discretion, to consider any application for
a permit to conduct a meeting, parade or other activity which is
filed less than thirty (30) days before the date such parade is
proposed to be conducted.
Sec. 13A.10. Officials to be notified: Immediately upon the
granting o7 a parade permit, the Police department shall send a copy
thereof to the following:
(ia) The license collector for compliance with Chapter 13
of this Code.
(b) The chief of the Gilroy Fire Department.
ORDINANCE NO. 89-2 -4-
(c) The chief of thm 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 or location of the proposed parade, meeting
or other activity.
Sec. 13A.11. Interference with parade, meeting or other
.ac.tivity: No ~rson shall witho~-~ ~he consent of the' ~ermittee,
3ozn or participate in a parade, meeting or other activity, not
in any manner interfere with its progress or orderly conduct.
Sec. 13A,12, Violations: Each violation of any provision
of thi-~-chapter and each violation of any of the prescribed terms
under which the permit is issued shall be punishable under
Section 1.7 of this Code. Each violation of this chapter 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.
Sec. 13A.13. Revocation: In the event that the Chief of
Police---Y~s reasonable cause to believe and does believe that any
permittee or other person employed by or representing such
permittee is violating any of the provisions of this chapter or
any other law or ordinance relating to the permitted activity,
or is conducting or has conducted or operated such activity so
as to be detrimental to public morals or the public welfare, all
facts and information relating to such alleged violation or conduct
shall be reported to the City Administrator, who may forthwith
revoke such permit, subject to an appeal to the Council, the decision
of which shall be final. The permit shall remain revoked during
the appeal.
SECTION II. Ail other ordinances and parts of ordinances
in conflict herewith are hereby repealed.
SECTION III. This ordinance shall take effect and be in
full force thirty (.30) days from and after its adoption and approval.
PASSED AND ADOPTED this 6th day of February1989 by the
following vote:
AYES:
NOES:
COUNCILMEMBERS:
COUNCILME~ERS:
GAGE. HALE, KLOECKERL ~wS~LEM,
PALME~LEE, VALDEZ and
NONE
ABSENT: COUNCILMEMBERS NONE
ORDINANCE N0.89-2 -5~
May~
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Ordinance No. 89-2 is an original
ordinance, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the 6th day of Feburary , 19 89 ,
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
19 89.
City of ~
(Seal)
6th day of February