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HomeMy WebLinkAboutOrdinances_1931_CCv0001.pdf ORDINANCE NO. 1931 AN ORDINANCE AMENDING CHAPTERS 44, 72, 75 AND 93 OF THE REDLANDS ORDINANCE CODE RELATING- TO THE USE, MAINTENANCE, AND CONSTRUCTION OF STREETS, SIDEWALKS AND OTHER PDHLIC PLACES THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN as follows. SECTION 1 , Section 44101 of the Redlands Ordinance; Code is hereby amended` to reach as follows: 1144101 . APPLICATION FOR PERMIT PARADES. Any person who desires to con- duct a parade shall apply to the Chief of Police for a permit at least three 3) days in advance of the proposed parade. The application for such permit shall he made in writing on a form approved and provided by the Chief of Police. In order that adequate arrangements may be made for the proper policing of the parade, the application shall contain the following information: (a) The name, address and telephone number of the person requesting the permit . If the parade is proposed to be conducted for, on behalf of or by an organi- zation, the name, address and tele- phone number of the headquarters- of the 'organization, and of the autho- rized head of such organization. (b) The name, address, and telephone number of the person who will be ,the parade chairman and who will be responsible for its conduct : (c) The purpose of the parade. (d) The date when the parade is to be conducted. (e) The hours the parade will start and terminate. ( f) The route of the parade. (g) The approximate number of persons who, and the number and kind of vehicles and animals which will constitute the parade. (h) The location of the assembly area of the parade. ( i) The location of the dis- persal area of the parade. ( j ) The plans for the assembly and dispersal of the parade, includ- ing the times thereof. (k ) A statement as to whether the parade will occupy all or only a portion of the public property, street, highway or public right of way proposed to be traversed. (1) A statement indicating what provisions for sanitary facili- ties at the assembly and dispersal areas have been made. (m) Such other information as the Chief of Police may require . " SECTION 2. Section 44102 of the Redlands Ordinance Code is hereby repealed. SECTION 3 . Section 44103 of the Redlands Ordinance Code is hereby amended to read as follows : -2- 44103 . ISSUING OF PERMITS PARADES. If there are no prior applica- tions for a parade at the same time and place as the applicant ' s proposed parade, the Chief of Police shall issue a permit granting the application, subject to the provisions of Section 44105 . In the event that there is a prior application for a parade to be held at the same time and place, the Chief of Police may deny the later applicant ' s permit. The appli- cant shall be notified in writing of the action of the Chief of Police in granting or denying the permit no later than two ( 2) days after the filing of the applica- tion. In the event the application is denied, the written notice of such denial shall set forth the reasons therefor . " SECTION 4 . Section 44104 of the Redlands Ordinance Code is hereby amended to read as follows : "44104 . APPLICATION FOR PERMIT - PUBLIC ASSEMBLY. Application may be made by any person for a permit to hold a public assembly. The application for such public assembly shall be in writing and filed with the Chief of Police at least forty-eight ( 48) hours in advance of the date of the proposed public assembly. The application shall contain the following information: (a) The time and place. (b) The name of the person or organization requesting the permit. (c) Such other information as may be required by the Chief of Poiice to enable him to make adequate arrangements, as circum- stances may require, for the proper policing of the proposed public assembly. -3- The Chief of Police shall forthwith issue a permit granting the application, unless a prior application for the same time and place has been made, in which event another time and place may be selected. Upon the selection of an alternative time and place by the applicant, the Chief of Police shall forthwith grant a permit for the public assembly, subject to the provisions of Section 44105. In the event the appli- cation is denied, the written notice of such denial shall set forth the reasons therefor . " SECTION 5. Section 44106 of the Redlands ordinance Code is hereby amended to read as follows: 1144106. APPEAL. Upon a denial by the Chief of Police of an application made pursuant to Section 44101 or Section 44104, the applicant may appeal within two ( 2) days thereafter to the City Council by filing his application and a copy of the notice of denial with the City Clerk, and requesting a hearing. The City Clerk shall set the appeal for hearing by the Council at its next regular meeting. Upon such appeal, the Council may reverse, affirm or modify in any regard the determination of the Chief of Police. To carry out the judgment of the Council upon appeal, the Chief of Police shall be directed to act in conformity with the judgment of the Council. " SECTION 6 . Section 72205 of the Redlands Ordinance Code is hereby amended to read as follows: -4- "7 2205. AMPLIFIED SOUND IN CITY PARKS. (a) Purpose. The Council enacts this legislation for the sole purpose of securing and promoting the public health, comfort , safety, and welfare of its citizenry. While recognizing that certain uses of sound amplifying equipment are pro- tected by constitutional rights of free speech and assembly, the Coun- cil nevertheless feels obligated to reasonably regulate the use of sound amplifying equipment in order to protect the correlative constitu- tional rights of the citizens of this community to privacy and free- dom from the public nuisance of loud and unnecessary sound. (b) Permit Required for Am2li- fiers. It shall be unlawful for any person to install , use, and operate within a park a loudspeaker or any sound amplifying equipment for the purposes of giving instructions, directions, talks,, addresses, or lectures, or of transmitting music to any persons or assemblages of persons in said park, or in the vicinity thereof, except when installed, used, or operated in compliance with one of the following provisions: 1. By authorized law enforcement or park and recreation personnel; or 2 . Under a reservation or permit issued by the Community Services Administrator, and when operated in accordance with terms of said reservation or permit. (C� Grantinq or Denial f Permit. In---d-e-t-e- o r-mi-ni-n—g-w-ge-t-Fe—r to grant or deny a permit, the Community Services Administrator shall be guided by the following considerations: -5- 1 . The constitutional free speech and assembly rights of all persons, including the applicant ; 2 The passible effects upon the peaceable passage or presence of persons in the park ; d The potential for disorder or unlawful injury to persons or property; 4 . The potential inva- sion of other persons rights of privacy; . The passible unlawful breach or disturbance of of the peace; and 6 . Any actual conflict with other scheduled park uses or events. The Community Services Administrator` shall not deny a permit on the basis of any dislike for or disagreement with the content of any proposed talks, addresses , lectures , or musical pre- sentations . The Community Services A.dministtator may, however, deny a permit for any such events which are designed for the purpose of advocating'. imminent lawless conduct. (d) Appeal. Upon denial by the Community Services Administrator of an application made pursuant to this sec- tion, the applicant may appeal to the City Council within two ( ) days there- after by filing his application and a copy of the notice of denial with the City Clerk, and requesting a hearing. The City Clerk: shall set the appeal for hearing by the. Council at its next regular meeting. Upon such appeal, the Council may reverse, affirm or modify in any regard the determination of the Community Services Administrator . -6- To carry out the judgment of the Council upon appeal, the Community Services Administrator shall be directed to act in conformity with the judgment of the council. (e) Power Source for Arnpli- fiers . Amplifiers pefffii t-ted in parks shall be operated only through a power source provided by the Parks Department . ( f) Regulation of Amplifier Volume . If , at any time, the Police Department determines that the sound produced by an amplifier in a park is unreasonably interfering with other persons using said park or with nearby residents in the com- fortable and reasonable enjoyment of their premises , an officer shall request the person in charge of the assembly, or any other person appearing to be involved in the pro- duction of the sound, to immediately reduce the level thereof . If the sound is not reduced within five ( 5 ) minutes to a level satisfactory to the officer, he shall immediately contact the Parks Department standby person to curtail the power source. " SECTION 7. Section 72217 of the Redlands Orlinance Code is hereby amended to read as follows : "72217. SELLING. No person shall sell or offer for sale any merchandise , article or thing, except by permit from the community Services Administrator. The provisions of Section 72205 (c) and (d) shall govern the issuance or denial of a permit under this section. " -7- SECTION B . Section 72218 of the Redlands Ordinance Code is hereby amended to read as follows : "72218 . COMMERCIAL ACTIVITY. No person shall practice, carry on, conduct , or solicit for any trade, occupation, business or profession . " SECTION 9 . Section 72219 of the Redlands Ordinance Code is hereby amended to read as follows : "72219 . LOITERING AT NIGHT. No person shall stay, remain or loiter in any public park between the hours of eleven (11 :00) o' clock P.M. and seven (7 :00) o'clock A.M. of the following day without permission of the Community Services Administrator. The provisions of Section 22705 (c) and (d) shall govern the granting or denial of such permission. " SECTION 10 . Section 72220 of the Redlands Ordinance Code is hereby amended to read as follows : 1172220 . MEETINGS . No person shall hold any meeting, service, concert, exercise , parade or exhibition in any public park without first obtaining a permit from the Community Services Administrator. The provisions of Section 72205 (c) and (d) shall govern the issuance of denial of a permit under this section. " SECTION 11 . Section 75000 of the Redlands Ordinance Code is hereby amended to read as follows : -8- "75000 EXCESSIVE NOISE. It is unlawful to make or cause to be made any unusual and excessively loud noise upon any street within the City limits of this City, except in connection with a law- fully conducted parade, or as otherwise permitted by law or by order of the Chief of Police. This section shall not apply to law enforcement personnel during the course of their official duties or to the operator of any emergency vehicle. " SECTION 12 . Section 75003 of the Redlands ordi- nance Code is hereby amended to read as follows : "75003 . OBSTRUCTING STREETS, SIDE- WALKS WITHOUT PERMIT. It is unlawful to obstruct the free passage or use of any portion of any roadway, street or side- walk , without first obtaining a permit to do so from the Street Superintendent . In determining whether to issue such a permit, the Street Superintendent shall be guided by the following considera- tions : 1 . The conditions of vehicle and pedestrian traffic in the affected area; 2 . The effect upon stores, offices and other places of business in the area; 3 . The effect upon resi- dences, hospitals, churches, schools, and other educational- institutions ducationalinstitutions in the area; 4. The importance of or need for the obstructing activity; and 5. The general requirements of the public health, safety and welfare. " -9- SECTION 13 . Sections 75008 and 75009 of the Redlands Ordinance Code are hereby repealed. SECTION 14. Section 75010 of the Redlands Ordi- nance Code is hereby amended to read as follows : "75010 . OBSTRUCTION OF DITCHES, GUTTERS. It is unlawful to construct or maintain any dam or obstruction in or across any public wastewater or storm- water ditch, channel or gutter in this City, or to construct or maintain over or across any such ditch, channel or gutter , any bridge, crossing or covering without permission being first obtained from the City Manager. Such permission shall not unreasonably be withheld, and shall be granted only upon such conditions as are necessary to protect the public health, safety and general welfare. " SECTION 15 . Section 93100 of the Redlands Ordi- nance Code is hereby amended to read as follows: "93100 . PUBLIC HEARING. The Coun- cil may from time to time call public hearings to ascertain whether the public necessity, health, safety or welfare requires the removal of poles , overhead wires and associated overhead structures within designated areas of the City and the underground installation of wires and facilities for supplying electric, commu- nication, or similar or associated service. The Council shall call such hearings only upon making a determination that the City or a public utility has _10- voluntarily agreed to pay over 50% of all costs of conversion, excluding costs of users # connections to underground elec- tric or communication facilities, or upon receiving a petition which satisfies the requirements of Section 93100A. The City Clerk shall notify all affected property owners, as shown on the last equalized assessment role, and all utilities con- cerned by mail of the time and place of such hearings at least fifteen ( 15) days prior to the date thereof. Each such hearing shall be open to the public and may be continued from time to time. At each such hearing, all persons interested shall be given an opportunity to be heard. The decision of the Council shall be final and conclusive . " SECTION 16 . Article 931 of the Redlands Ordinance Code is hereby amended by the addition of new Section 93100A, which shall read as follows : "93100A. INITIATION OF PROCEEDINGS BY PETITION. Proceedings for a conver- sion may be initiated by petition. The petition shall : 1 . Describe the proposed assessment district , as provided in Section 5181 of the California Streets and Highways Code; 2. Generally describe the proposed conversion; and 3 . Request that proceedings for such conversion be taken. The petition shall be signed by not less than five owners of assessable land in the proposed assessment district, as shown by the last equalized assessment role used by the City, owning lands con- stituting more than one-half of the area _11- of all assessable lands within the pro- posed assessment district. The petition shall be filed with the City Clerk, who shall thereupon check or cause said peti- tion to be checked. if the petition is signed by the requisite number of quali- fied signers, the Clerk shall execute a certificate of sufficiency and present said petition and certificate to the City Council . " SECTION 17 . This Ordinance shall be in force and take effect as provided by law. SECTION 18 . The Mayor shall sign this ordinance, and the City Clerk shall certify to the adoption of this ordinance and shall cause it or a summary of it to be pub- lished once in the Redlands Daily Facts, a newspaper of general circulation printed and published in this City. Mayor of the City of Redlands ATTEST: City-'Clerk, _1 - 00 I, Lorrie Poyzer, City Clerk of the City of Redlands , hereby certify that Ordinance No. 1931 was duly adopted by the City Council at a regular meeting thereof held on the 15th day of April 1986 , by the following vote : AYES: Councilmembers Larsen, Johnson, Wormser; Mayor Beswick NOES: None ABSENT: Councilmember DeMirjyn City Clerk, City, Redlands