HomeMy WebLinkAboutORD-14-80 REGULATE PROCESSIONSilANGR CITY NEWS: please publish Wednesday. March 26, 1980 only and send PROOF
IIn<I PROOF OF PUBLICATION to City Clerk, P.O. Box 449, Orange, California 92666.
MARILYN J. JENSEN. CITY CLERK
ORDINANCE NO. 14-
80 AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE ADDING SECTIONS 5.59.010
THROUGH 5.59.050 TO THE ORANGE MUNICIPAL CODE
TO REGULATE
PROCESSIONS.WHEREAS, the City Council of the City of Orange desires
to insure that activities conducted in the public right-
of-way will be
conducted safely; and WHEREAS, the City Council of the City of
Orange desires to insure that processions do not unduly disturb
the convenience
of the public.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY
OF ORANGE DOES
ORDAIN AS
FOLLOWS:SECTION I:Section 5.59.
010 procession" Defined sections 5.59.010 through 5.59.050 are hereby
added to the Orange Municipal Code to
read as follows:The word "procession" as used in
this chapter is defined to mean a motorcade, parade or
congregation of two or more vehicles or persons on or along
a public right-of-way, including but not limited
to, streets and sidewalks,which obstructs either vehicular
or pedestrian traffic and draws attention to the vehicles or
persons for reasons other than safety. The provisions of this
chapter shall not
apply to funeral processions.Section 5.
59.030 Procession Permit Section 5.59.
020 Procession Permit Required No person, firm or corporation
may conduct or participate in a procession unless a permit as
provided for in this
chapter has been issued.Upon application made to the Chief of
the Police of the City of Orange and a determination made
by the Chief of Police that the procession as applied
for in said application will not unduly disturb the convenience
of the public, a permi t to conduct such
procession shall be granted.In making the determination that
the convenience of the public will not be unduly disturbed
by a procession, the Chief of Police shall
consider the following factors:a) Time
of the proposed procession.b) Place
J-
cl The manner in which the proposed procession is to be
held.
d) Other proper uses of the streets such as construction
or maintenance or pedestrian traffic and construction
or maintenance on the streets involved in the proposed
procession route.
Every person, firm or corporation who files an
applicat~on, as provided herein, shall pay to City the
s';lm of hve dc;>llaJ?s (~5. O?), which shall be paid at the
t~me t~e appl~cat~on ~s f~led. This sum is for the purpose
of pay~ng for the cost of processing such application and
is nonrefundable.
Section 5.59.040 Payment for City Personnel
Prior to the issuance of the procession permit referred
to in Section 5.59.030, the Chief of Police may determine
the number of private patrol employees or police officers
needed for the traffic control purposes for said procession
and employees in other City departments for traffic control,
cleanup and repair of the right-of-way along
the procession route. When the number of said police officers
and employees is determined, the Chief of Police may also
determine the estimated cost of providing said police officers
and employees including equipment and traffic control devices)
and inform the person, firm or corporation conducting
said procession of such estimated costs. Upon approval of such
permit and payment of said estimated costs by the person,
firm or corporation conducting said procession,
the procession permit referred to in section 5.59.030 shall
be issued.vlhen the estimated costs become final, the person,
firm or corporation conducting said procession shall pay to
the City the actual costs expended as well as any
amount which exceed the estimated cost. In the event that
the estimated costs exceed the final actual costs, the excess
will be refunded to the person, firm or corporation who
provided the costs to conduct
the procession.Section 5.59.050 APpeal to
City Council Any person, firm or corporation who is aggrieved
by the denial (or granting) of a permit as provided in
this chapter shall have the right to file a written appeal with
the City Council. Such appeal shall be filed with the
City Clerk within five (5) days after the denial (or granting)
of said procession permit. The City Council shall
determine whether said permit should be granted or denied and
such determination shall be final
and conclusive.
SECTION II:If any section, subsection, sentence, clause, phra~
e or.portion of this ordinance is for any reason held to be ~nval ~
d or unconstitutional by the decision of any court of
com~etent Jurisdiction such decision shall not affect the vahdity
of the remaining po~tions of this ordinance. The City Council of
t~e C~ty of Orange hereby declares that it would have adopted
th~s ordinance and each section, subsection, sentence,
clause, phrase or portion thereof irrespective of the fact that anyone
or more ections, subsecti~ns, clauses, phrases, or portions
be declared lnval id
or
I--i'118
SECTION III:
This ordinance shall be published once within fifteen (15)
days afte:- its P'7ssagein, the Orange City News, a newspaper of general
c~rculat~on, publ~shed and circulated in the City of Orange,
and shall take effect thirty (30) days from and after the
date of its final passage.ADOPTED
this 18th day of March 1980.JC--~ ,,
0 ~Mayor of
the City 0 Orange ATTEST:4Y'
Clty
Clerk
t the it~f Orange STATE OF
CALIFORNIA )COUNTY OF
ORANGE ) s s CITY OF
ORANGE )I, MARILYN
J. JENSEN, City Clerk of the City of Orange, California,DO HEREBY
CERTIFY that the foregoing ordinance was introduced at a regular meeting
of the City Council held on the 11th day of March,1980, and
thereafter at a regular meeting of said City Council duly held on the
18th day of March 1980, was duly passed and adopted by the following vote,
to wit:9~Marilyn
J.
Jensen City Clerk
of the City of Orange AYES: COUNCILMEN:
BARRERA, SMITH, MAYOR HOYT, PEREZ.NOES: COUNCILMEN:
NONE.ABSENT: COUNCILMEN:
BEAM.WITNESS my
hand and seal this 19th day of March, 1980,3-