The County of Santa Clara - SCC Public Portal

SEARCH SCCgov

AGENCIES & DEPTS

SANTA CLARA COUNTY CODE OF ORDINANCES: CHAPTER VII. PARADES*

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

Previous heading / Next heading / Table of Contents

__________

CHAPTER VII.
PARADES*

------------

Editor's note--Section 2 of Ord. No. NS-519.5, enacted Oct. 21, 1986, added a new Ch. VII, §§ B3-145--B3-159, as herein set forth. Section 1 of the ordinance repealed Ch. IV of Div. B13 which pertained to parades. Subsequently, Ord. No. NS-502.7, § 4, adopted Sept. 14, 2004, amended Ch. VII, in its entirety, to read as herein set out in §§ B3-145--B3-158. Prior to inclusion of said ordinance, Ch. VII pertained to similar subject matter. See also the Code Comparative Table.

------------

Sec. B3-145. Definitions.

For the purpose of this chapter, unless the context clearly requires a different meaning, the term "parade" means a march or procession of any kind by a group of individuals associated for that purpose, other than a funeral procession, in or upon any public highway or public place solely within the unincorporated area of the county.

(Ord. No. NS-502.7, § 4, 9-14-04)

Sec. B3-146. License required.

No person, partnership, association, corporation or other entity shall hold, manage, conduct, carry on, or cause or permit to be held, managed or conducted or carried on any parade without first obtaining a license from the Zoning Administrator pursuant to this chapter. A license shall not be required where the parade partially traverses the incorporated portion of any city within the county and from which municipal entity a valid and current parade license is obtained.

(Ord. No. NS-502.7, § 4, 9-14-04)

Sec. B3-147. Application for license.

Written application for the license required by this chapter shall be filed with the Planning Office at least 90 days prior to the time indicated therein for the parade. The Zoning Administrator may, depending upon unusual circumstances and as long as all required notice requirements are complied with, waive the application time limits and accelerate the process set forth herein. Such application shall be accompanied by a fee in an amount established by resolution of the Board of Supervisors, and shall be signed by all the sponsors of the parade. The application shall contain all of the following:

(a) The names, addresses, driver's license numbers, birthdates and telephone numbers of the sponsors. If the application is made by a partnership, the names, addresses, driver's license numbers and birthdates of all partners shall be included. If the applicant is a corporation or other business entity, the application shall be signed by the president and all other officers required to bind the corporation, and shall contain the names, addresses, driver's license numbers and birthdates of all officers. The address and telephone number of the principal place of business of the applicant shall also be included.

(b) The route proposed for the parade and a description of the real property to be used for the starting and stopping points of the parade and parking or other uses incidental to the parade.

(d) A detailed description of the manner for the cleanup of the parade route and all other areas used for related activities as required by Section B3-155.

(e) An estimate of the number of persons and vehicles in the parade.

(f) Such further information as may be required by the Zoning Administrator.

(Ord. No. NS-502.7, § 4, 9-14-04)

Sec. B3-148. Summary license issuance.

Upon the filing of a complete application and payment of the license fee, the Planning Office shall refer an application for a parade license to the Zoning Administrator. The Zoning Administrator shall either approve the application and issue the license, or notify the applicant that a referral and public hearing pursuant to Section B3-149 is required. A public hearing is required when the Zoning Administrator, on the basis of the complete application and supporting documentation, cannot determine with reasonable certainty all of the following:

(a) That the proposed route, time or duration of the parade would not substantially interrupt the safe and orderly movement of traffic and would not unreasonably interfere with fire or Sheriff protection in the area; and

(b) That the proposed manner of conducting the parade is not reasonably likely to cause serious injury to persons, damage to property or provoke a riot or major disorder.

If a parade license is summarily approved under this section, the license may contain restrictions and conditions pursuant to Section B3-151(c).

(Ord. No. NS-502.7, § 4, 9-14-04)

Sec. B3-149. Referral, notice and hearing.

(a) If a public hearing is required, the Planning Office shall refer the application to the Sheriff, the Roads and Airports Department, the Department of Environmental Health, the Fire Marshal, and any other persons, entities or agencies deemed appropriate for investigation and recommendation.

(b) The Zoning Administrator shall set a date and time for a public hearing on the application for a parade license, which hearing shall be held not later than 45 days following submittal of a complete application. Notice of such hearing shall be mailed at least ten days prior to the hearing to the sponsors at their principal place of business as provided on the application and to any other person who has filed a written request for notice with the Zoning Administrator. Notice of the hearing shall also be published in a newspaper of general circulation within the county ten days prior to the hearing.

(c) Each applicant and any other interested person shall have the opportunity to review all records, papers, files and other evidence relating to the application for a parade license at least five days prior to the time set for public hearing on the application.

(Ord. No. NS-502.7, § 4, 9-14-04)

Sec. B3-150. Action by the Zoning Administrator.

(a) At the time and place set for public hearing on the application for a parade license, the Zoning Administrator shall consider the recommendations of the Sheriff and the other officials and agencies investigating the application pursuant to Section B3-149(a) and all records, papers, files and any other relevant evidence. The Zoning Administrator shall either continue the hearing, hold the matter under advisement or render a decision granting or denying the application.

(b) The Zoning Administrator may refuse to issue a parade license after consideration of the application, the recommendations of the Sheriff and the County officials investigating the application pursuant to Section B3-149(a) and any other relevant papers, records, and files, on any of the following grounds:

(1) The proposed route, time or duration of the parade would substantially interrupt the safe and orderly movement of traffic or would unreasonably interfere with fire or Sheriff protection in the area; or

(2) The proposed manner of conducting the parade is reasonably likely to cause serious injury to persons, damage to property or provoke a riot or major disorder; or

(3) The applicant knowingly made a material misstatement of fact in the license application.

(c) If a parade license is approved, the Zoning Administrator may include such restrictions and conditions in the license regulating the time, place, duration or manner of conducting the parade as are reasonable and necessary under the circumstances to protect the public health, safety or welfare including, without limitation, that the applicant agree in writing to indemnify and defend the County for any damages or costs that may be incurred related to the parade; that the applicant provide evidence of adequate insurance coverage; and that the applicant provide agreements and security in an amount, form and manner as are required to secure compliance with any or all of the conditions of the license.

(d) Upon approval of a parade license, the Zoning Administrator shall prepare and forward to the applicant written notice that a license has been granted, and a statement of any conditions attached thereto. A copy of the notice shall be sent to the Sheriff, the Transportation Agency, and the County officials investigating the application pursuant to Section B3-149(a). The Zoning Administrator's decision shall not become final until the 15-calendar-day period during which an appeal can be made to the Board of Supervisors has elapsed without an appeal having been filed.

(Ord. No. NS-502.7, § 4, 9-14-04)

Sec. B3-151. Appeal.

(a) Within 15 calendar days after the decision of the Zoning Administrator on an application for a parade license pursuant to a public hearing, any person dissatisfied with the decision may appeal to the Board of Supervisors by filing an appeal application with the Planning Office. The appeal application shall be accompanied by a nonrefundable fee in an amount established by resolution of the Board of Supervisors. A copy of the appeal application shall be forwarded to the Sheriff, the Zoning Administrator and the County officials investigating the application pursuant to Section B3-149.

(b) The Clerk of the Board of Supervisors shall fix the time and place for the appeal to be heard by the Board of Supervisors. Notice of such hearing shall be mailed at least ten days prior to the hearing to the appellant and the applicant, and to any other person who has filed a written request for such notice. Notice of such hearing shall also be published in a newspaper of general circulation within the county ten days prior to the hearing.

(d) The Zoning Administrator shall transmit to the Clerk of the Board of Supervisors all records, minutes, papers and files which constitute the record from which the appeal is made.

(e) The Board of Supervisors shall hear and decide the license application as if no other hearing had been held and, based on the standards set forth in Section B3-150(b), may approve, disapprove or conditionally approve the application. The decision of the Board of Supervisors on appeal is final.

(f) The Clerk of the Board of Supervisors will inform the appellant, the applicant, the Planning Office, the Sheriff, and the County officials investigating the application pursuant to Section B3-149(a) whether the appeal has been granted or denied.

(Ord. No. NS-502.7, § 4, 9-14-04)

Sec. B3-152. Issuance of license.

Following the granting of a parade license and, in the case of approval by means of a public hearing, the lapse of the 15-calendar-day period in which to appeal such grant, the Planning Office shall issue the license. A parade license is valid only for the date, hours and route approved and is not renewable.

(Ord. No. NS-502.7, § 4, 9-14-04)

Sec. B3-153. Summary suspension.

The Sheriff or designee or any authorized representative of the County may suspend the operation of a parade prior to the expiration of the license and prior to any hearing for the revocation thereof by the Board of Supervisors if there is a riot, major disorder, or violation of this chapter, Code or federal or state law which seriously endangers public health, safety or order. Following issuance of a suspension order and within 30 days thereafter, a hearing to revoke, reaffirm or conditionally reaffirm the license shall be held in accordance with Section B3-154. Any license holder whose parade license is suspended pursuant to this section shall not conduct a parade under the license unless and until the Zoning Administrator, or the Board of Supervisors on appeal, reaffirms or conditionally reaffirms the license under Section B3-154. The Sheriff or designee or the authorized representative of the County shall prepare and forward a report on a suspension pursuant to this section to the Zoning Administrator prior to the hearing.

(Ord. No. NS-502.7, § 4, 9-14-04)

Sec. B3-154. Revocation, reaffirmation or conditional reaffirmation.

Any license issued under this chapter may be reaffirmed, conditionally reaffirmed, or revoked on the Zoning Administrator's motion or based on a referral from the Board of Supervisors, the Sheriff, the District Attorney or any other County officer or department head to the Zoning Administrator. Except as provided in Section B3-153, a public hearing on the revocation, reaffirmation, or conditional reaffirmation will be held and notice will be given in accordance with Section B3-149. The Zoning Administrator may revoke or conditionally reaffirm any parade license on any of the following grounds:

(a) That the license was obtained by fraud or that false, misleading or fraudulent statements of material facts were made in the application for the license or in any other document submitted pursuant to this chapter.

(b) That any person making use of the license is violating or has violated any conditions of the license.

(c) That changed circumstances have given rise to new facts or conditions that would have been grounds for denial of the original application or for modified or additional license conditions.

(d) That an inadvertent error or omission in establishing the original conditions requires modifying or adding to the license conditions, within the perimeters established in Section B3-150(c), but the license shall not be revoked because of the error or omission.

(e) That the license holder has violated, or caused or permitted any other person to violate any provision of this Code or any state or federal law in connection with the parade and which seriously endangers public health, safety or welfare.

An appeal to the Board of Supervisors from the decision of the Zoning Administrator under this section may be made within 15 calendar days after the decision and in accordance with the procedures in Section B3-151.

(Ord. No. NS-502.7, § 4, 9-14-04)

Sec. B3-155. Cleanup.

The sponsors of the parade shall keep the parade route, the surrounding real property and all other areas used for activities related to the parade free from and remove from such real property all debris, trash, garbage, refuse, vector and animal harboring or breeding sources or other waste. Within 18 hours after the termination of the parade, the sponsors of the parade shall clean up, remove from the parade route and surrounding real property and other areas used for parade activities, and properly dispose of all debris, trash, garbage, refuse, vector and animal harboring or breeding sources or other waste.

(Ord. No. NS-502.7, § 4, 9-14-04)

Sec. B3-156. Nontransferability of license.

A license granted under this chapter shall be required for each and every separate parade. The license shall not be transferable either as to the licensee or location. Any attempt to transfer the license shall automatically render it invalid.

(Ord. No. NS-502.7, § 4, 9-14-04)

Sec. B3-157. Unlawful acts.

It shall be unlawful and a crime to:

(a) Hold or conduct a parade without first obtaining a license for the holding or conducting of the parade pursuant to this chapter; or

(b) Knowingly and fraudulently obtain a license for the conducting of a parade with the intent not to comply with the provisions of the license; or

(c) Conduct or hold a parade without complying with all of the conditions of the license or the provisions of this chapter.

(Ord. No. NS-502.7, § 4, 9-14-04)

Sec. B3-158. Criminal penalty.

The violation of any provision of this chapter shall be a misdemeanor punishable by a fine of not more than $1,000.00 or by imprisonment in the County jail for not more than six months, or by both such fine and imprisonment. A separate offense shall be deemed to have been committed for each day or portion of a day that a violation continues.

(Ord. No. NS-502.7, § 4, 9-14-04)