HomeMy WebLinkAbout04/16/2002, PH 2 - PARADES AND SPECIAL EVENTS ORDINANCE council n 4/16/02
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CITY OF SAN LUIS' OBISPO
FROM: Jeffrey G. Jorgense
Prepared By: Gilbert A. rujillo
SUBJECT: PARADES AND SPECIAL EVENTS ORDINANCE
CAO RECOMMENDATION
1. Introduce for first reading an Ordinance repealing Municipal Code Chapter 5.76 entitled
"Parades and Special Events" in its entirety; and
2. Introduce for first reading an Ordinance adding a new Chapter 5.80 to the Municipal
Code entitled"Parades and Assemblies"; and
3. Introduce for first reading an Ordinance adding Section 1.20.060 to Chapter 1.20 of the
Municipal Code providing for prompt judicial review of City decisions for activities
protected by the First Amendment of the United States Constitution; and
4. Direct staff to return to the Council at the time of final adoption of Chapter 5.80 with a
new fee resolution in accordance with new Municipal Code Section 5.80.110; and
5. Direct staff to continue researching and developing a parade ordinance and to return to
the Council with recommendations for a permanent ordinance.
DISCUSSION
Repeal Chapter 5.76
The federal court in Mardi Gras v. City of San Luis Obispo issued a Preliminary Injunction
holding that,portions of the City's Ordinance were unconstitutional and could not be severed
from the Ordinance. The Court found that the Ordinance would not be functional once the
unconstitutional provisions were removed. The Preliminary Injunction, which prohibits the City
from applying or enforcing Chapter 5.76 in its entirety,remains in full force and effect. The next
step in this litigation is for the Court to set a trial date and briefing schedule for a permanent
injunction.
In order to resolve this lawsuit as quickly as possible, the City Attorney's Office recommends
that the Council repeal Chapter 5.76 in its entirety.
New Chapter 5.80
In order to provide the City with some immediate control of its streets, the City Attorney's Office
recommends that the Council adopt a new parade ordinance as a stopgap measure. Staff has
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Council Agenda Report—Parades and Special Events
Page 2
reviewed a number of ordinances from various jurisdictions. Chapter 5.80 is modeled on the
City of Beverly Hills' ordinance. We believe Chapter 5.80 is a reasonable time, place and
manner ordinance that will provide an interim permit scheme, which will survive a constitutional
challenge. The proposed ordinance is content neutral, vests no discretion in the decision makers,
provides specific criteria for issuance or denial of a permit, provides for short time frames
ranging from six (6) days to 24 hours to apply for a permit, and prohibits a fee based upon the
need for security or increased police protection. Unfortunately, this proposed Ordinance does not
adequately address the City's legitimate concerns regarding public safety and the recovery of
extraordinary law enforcement costs. The City Attorney's Office is continuing to research this
issue, which is discussed in more detail below under the"Permanent Ordinance"title.
There is always a risk that in adopting a new parade ordinance, a new legal challenge may be
brought testing its constitutionality. We believe the proposed ordinance is legally defensible and
that the risk of a new constitutional challenge is low.
New Section 1.20.060
The City Attorney's Office recommends that the Council add Section 1.20.060 to the Municipal
Code providing for prompt judicial review of City decisions on activities protected by the First
Amendment of.the United States Constitution. The California Legislature added Code of Civil
Procedure Section 1094.8 in view of the holding in Baby_Tam & Co., Inc..v. City of Las Vegas
(1998) 154 F.3d 1097 [Held: a decision to issue or deny a permit must be made within a brief,
specified, and reasonably prompt period of time, which time period should be set forth in the
ordinance.].
Section 1.20.060 provides that any interested party may seek judicial review of a final City
decision regarding the issuance, revocation, suspension, or denial of a permit or license for an
activity protected by the First Amendment of the United States Constitution in accordance with
Code of Civil Procedure Section 1094.8. It is appropriate to include this new section in Chapter
1.20 entitled "Appeals Procedure" since it could apply to a wide range of permits or decisions in
addition to parades (e.g., adult business zoning applications, etc.). The proposed parade
ordinance at Section 5.80.130 references this Section for internal consistency.
New Fee Resolution
The proposed parade ordinance at Section 5.80.110 provides that a permittee shall reimburse the
City for all traffic control costs incurred in connection with diverting traffic due to the closure of
the streets and that these costs shall be established by the City Council by resolution. It further
provides that no fee shall be charged based upon the need for security or increased police
protection due to the nature of the parade or assembly.
The City's existing fee Resolution (No. 9251 — 2001 Series) authorizes law enforcement costs as
determined by City staff. City staff would typically determine law enforcement costs based upon
the need for increased police protection due to the nature of the parade. The Court in the Mardi
Gras litigation specifically disapproved of this application of the existing Ordinance on the
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Council Agenda Report—Parades and Special Events
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grounds that it vested too much discretion on City staff to impose costs based upon the content of
the speech. Accordingly, the City Attorney's Office is recommending that Council direct staff to
return to Council at the time of final adoption of Chapter 5.80 with a new fee resolution in
accordance with new Municipal Code Section 5.80.110 and the Court's ruling in the Mardi Gras
v. City litigation.
Permanent.Ordinance
Finally, the City Attorney's Office recommends that Council direct staff to continue to research,
study and develop a permanent ordinance that will attempt to address the City's concerns and
survive a constitutional challenge. This will provide the City Attorney's Office with the time
necessary to fully review the constitutional issues, consult with other jurisdictions which have
confronted this issue and allow for ample public input, including representatives of Mardi Gras.
The City has a legitimate concern in attempting to recover its extraordinary law enforcement
costs, which it deems necessary to preserve the public peace and safety. There is a fundamental
policy question involved: should the public/taxpayer shoulder the extraordinary law enforcement
costs that result from a particular parade or event? The City Attorney's Office is continuing to
research the City's ability to recover law enforcement costs in a content neutral/constitutional
ordinance. One of the issues in crafting such an ordinance is that no fee may be charged based
upon the need for security or increased police protection due to the nature of the parade or
assembly.
CONCURRENCES
The Police Chief, Parks and Recreation Director and Public Works Director concur in the
recommendations.
FISCAL IMPACT
There will be significant impacts on the City's authority to recover fees for Police Department
personnel as well as for outside police services involved in keeping the peace and order of
parades, assemblies and special events. As a result of the Mardi Gras litigation, First Night has
refused to pay the City for its law enforcement costs in the amount of$9,400.00 for the event it
sponsored last year. At this time, the City will not be able to recover any law enforcement costs
for such events. The Council may be asked to address the costs of law enforcement personnel for
crowd control of special events and parades as part of the upcoming budget process.
ALTERNATIVES
1. The Council may decline to repeal Chapter 5.76. This alternative would not resolve the
Mardi Gras v. City lawsuit and may result in a trial with Mardi Gras seeking a permanent
injunction. The Council could stipulate to a permanent injunction which would avoid the need
for a trial or any further litigation with respect to Chapter 5.76. This alternative would leave the
City without an enforceable parade ordinance to regulate the use of its streets.
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Council Agenda Report—Parades and Special Events
Page 4. __
2. The Council may decline to adopt a parade ordinance as a stopgap measure and direct
staff to return to Council with recommendations for a permanent ordinance. This alternative
would leave the City without the ability to control the use of its streets for parades until such time
as a permanent ordinance is adopted.
3. The Council may decline to regulate in this area and not adopt a parade ordinance. This
action is not recommended because the City would not be able to impose reasonable time, place
and manner "restrictions in the use of its streets for parades and assemblies.
ATTACHMENTS
1. Ordinance Repealing Chapter 5.76
2. Ordinance Adding New Chapter 5.80
3. Ordinance Adding New Section 1.20.060
Attachment 1
ORDINANCE NO. (2002 Series)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
REPEALING CHAPTER 5.76 OF THE SAN LUIS OBISPO
MUNICIPAL CODE IN ITS ENTIRETY
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Chapter 5.76 of the San Luis Obispo Municipal Code is hereby repealed in
its entirety.
SECTION 2. A summary of this ordinance, approved by the City Attorney, together
with the names of the Council members voting for and against it, shall be published at least five
days prior to its final passage, in the Telegram-Tribune, a newspaper published and circulated in
this City. This ordinance will go into effect at the expiration of thirty (30) days after its final
passage.
INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis
Obispo at a meeting held on the day of 2002, upon motion
of seconded by and on the
following roll call vote:
AYES:
NOES:
ABSENT:
Mayor Allen Settle
ATTEST:
Lee Price, City Clerk
APPROVED AS TO FORM:
Jeffrey G. Jorgensen, City Att mey
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Attachment 2
ORDINANCE NO.. (2002 Series)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADDING CHAPTER 5.80 TO THE SAN LUIS OBISPO
MUNICIPAL CODE REGARDING PARADES AND ASSEMBLIES
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Chapter 5.80 of the San Luis Obispo Municipal Code is hereby added to
read as follows:
Chapter 5.80
PARADES AND ASSEMBLIES
Sections:
5.80.010 Permit required
5.80.020 Definitions.
5.80.030 Exemptions
5.80.040 Application for Permit
5.80.050 General Criteria for Issuance or Denial of Permit
5.80.060 Non-discrimination
5.80.070 Notice of Issuance or Denial of Permit
5.80.080 Interference with Parade or Assembly
5.80.090 Prohibitions
5.80.100 Content of Permit
5.80.110 City's costs to be Paid by Person or Organization
Responsible for Parade or Assembly
5.80.120 Violation
5.80.130 Judicial Review
5.80.010 Permit required.
No person shall engage in, conduct,or carry on the activity of a parade or assembly
without a permit issued under the provisions of Chapter 5.80 of this Title.
5.80.020 Definitions.
(a) "Parade" shall mean any march, demonstration, procession, motorcade, or promenade
consisting of persons, animals, or vehicles; or a combination thereof, having a common purpose,
design, destination, or goal; upon any public place, which parade, march, demonstration,
procession, motorcade, or promenade does not comply with normal and usual traffic regulations
or control
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Ordinance No. (2002) Attachment 2
Page 2
(b) "Assembly" shall mean any meeting, demonstration, picket line, rally, gathering, or
group of one hundred and fifty (150) or more persons, animals, or vehicles, or a combination
thereof, having a common purpose, design, or goal, upon any public street, sidewalk, alley, park,
or other public place, which assembly substantially inhibits the usual flow of pedestrian or
vehicular travel or which occupies any public area, other than a parade, as defined in subsection
(a) of this Section.
5.80.030 Exemptions.
The permit application provisions of this Chapter shall not apply to the following:
(a)Funeral processions.
(b) Spontaneous parades or assemblies occasioned by news or affairs coming into public
knowledge within three (3) days of such parade or assembly, provided that the organizers thereof
give written notice to the City at least twenty-four(24) hours prior to such parade or assembly.
Such written notice shall contain all of the following information:
(1) The name, address and telephone number of the person or persons
seeking to conduct the parade or assembly. This person or these persons shall be considered a
permittee for the purposes of this Chapter.
(2) The name, address and telephone number of the headquarters of the
organization, if any, and of the organizer or responsible head of such organization by whom or on
whose behalf the parade or assembly is proposed to be conducted.
(3) The name, address and telephone number of the person who will
chair the parade or assembly and who will be responsible for its conduct.
(4) The location and date of the proposed parade or assembly, including
the assembly area, disbanding area, and the route to be traveled.
(5) An estimate of the approximate number of persons who will be
participating in the parade or assembly and.an estimate of the approximate number of persons
who will be observing the parade or assembly.
(6) The time at which the parade or assembly will start and conclude.
(7) The type of security or other arrangements that will be provided to
assure that participants are properly directed.
(c) The City Administrative Officer or the City Administrative Officer's designee
may deny permission to conduct the parade or assembly within eighteen hours of the submission
of the notice pursuant to subsection (b) if the City Administrative Officer or the City
Administrative Officer's designee makes a finding requiring denial pursuant to subsection (b) of
Section 5.80.050. If the City Administrative Officer makes a finding requiring denial pursuant
to that subsection, the City Administrative Officer shall immediately provide notice of the denial,
including the reason for the denial, by telephone to the permittee and shall also provide written
notice of the denial including the reason for the denial. If the permittee provides a fax number
for the purpose of receiving notices, the City Administrative Officer shall provide written notice
of the denial by fax immediately upon making the denial decision.
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Ordinance No. (2002) Attachment 2
Page 3
5.80.040 Application for Permit.
(a) A person seeking issuance of a permit pursuant to this Chapter shall file an
application with the City Administrative Officer or the City Administrative Officer's designee, on
forms supplied by the City.
(b) The application shall be filed with the City Administrative Officer or the City
Administrative Officer's designee in accordance with the following time limitations;
(1) Not less than six (6)days prior to the date of the parade or assembly
if the parade or assembly is proposed to take place in whole or in part on, in or along the roadway
portion (other than within crosswalks) of the following streets in the City of San Luis Obispo:
Higuera Street, Marsh Street, Monterey Street, Broad Street;
(2) Not less than four(4) days prior to the date of the parade or assembly
if the parade or assembly is proposed to take place in whole or in part on, in or along the roadway
portion (other than within crosswalks) of any other street in a commercial zone within the City of
San Luis Obispo;
(3) Not less than three (3) days prior to the date of the parade or
assembly if the parade or assembly is proposed to take place in a residential zone, or outside of
the roadway in a commercial zone, but within the sidewalk or any other portion of the public
right of way;
(4) Not less than two (2) days prior to the date of the parade or assembly
if the parade or assembly is proposed to take place in whole or in part on, in or along any park or
other publicly owned traditional public forum in the City of San Luis Obispo not governed by
subsections (b)(1) through (b)(3).
(c) The application shall include, but shall not be limited to, the following
information:
(1) The name, address and telephone number of the person or persons
seeking to conduct the parade or assembly.
(2) The name, address and telephone number of the headquarters of the
organization, if any, and of the organizer or responsible head of such organization by whom or on
whose behalf the parade or assembly is proposed to be conducted.
(3) The name, address and telephone number of the person who will
chair the parade or assembly and who will be responsible for its conduct.
(4) The location and date of the proposed parade or assembly, including
the assembly area, disbanding area, and the route to be traveled.
(5) An estimate of the approximate number of persons who will be
participating in the parade or assembly and an estimate of the approximate number of persons
who will be observing the parade or assembly.
(6) The hours when the parade or assembly will start and conclude.
(7) The type of security or other arrangements that will be provided to
assure that participants are properly directed.
(8) The minimum and maximum speeds that the parade is to travel, if
applicable, and the maximum number of platoons or units, if any, in the parade or assembly and
the maximum and minimum interval of.space to be maintained between the units of such parade
or assembly.
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Ordinance No. (2002) Attachment 2
Page 4
(9) The maximum length of such parade or assembly in miles or
fractions thereof.
(10) The number and type of vehicles in the parade or assembly, if any.
(11) A statement to be signed by the person seeking the permit that the
permittee will hold harmless and indemnify the City of San Luis Obispo, its elected officials,
officers, employees and agents from any damages which may arise as a result of the
conduct of the parade or assembly for which the permit is sought. Each permit shall expressly
provide that the permittee agrees to defend, protect, indemnify and hold the City, its officers,
employees, agents, and volunteers free and harmless from and against any and all claims,
damages, expenses, loss or liability of any kind or nature whatsoever arising out of, or resulting
from, the alleged acts or omissions of permittee, its officers, agents, or employees in connection
with the permitted event or activity; and the permit shall expressly provide that the permittee
shall, at permittee's own cost, risk and expense, defend any and all claims and all legal actions
that may be commenced or filed against the City, its officers, agents, employees, or volunteers,
and that the permittee shall pay any settlement entered into and shall satisfy any judgment that
may be rendered against the City, its officers, agents, employees, or volunteers as a result of the
alleged acts or omissions of permittee or permittee's officers, agents, or employees in connection
with the uses, events, or activities under the permit.
(12) If the assembly or the parade set-up or dispersal is to be conducted
on private property, the applicant must submit with the application proof of the property owner's
permission for the property to be used for that purpose..
(d) Within twenty-four(24) hours after the submission of the application, the City
Administrative Officer or the City Administrative Officer's designee must notify the applicant, in
writing, whether the application is complete. If no such notice is given within twenty-four(24)
hours after submission, the application will be deemed to be complete.
5.80.050 General criteria for issuance or denial of permit.
(a) The following criteria shall apply to issuance or denial of a parade or assembly
permit.
(b) The permit shall be issued by the City Administrative Officer or the City
Administrators designee unless there is a finding that:
(1) The information contained in the application is false or intentionally
misleading; or
(2) The parade or assembly is proposed for a time and location for which
another parade or assembly permit has been previously issued; or
(3) The proposed route or location of the parade or assembly traverses a street
or other public right-of-way that was scheduled for maintenance, construction or repair prior to
the application for that parade or assembly permit and the conduct of the parade or assembly
would interfere with such maintenance, construction or repair or the maintenance, construction or
repair would represent a threat to the health or safety of the participants in the parade or
assembly; or
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Ordinance No. (2002) Attachment 2
Page 5
(4) The proposed area for the assembly or for the set-up or dispersal of a
parade could not physically accommodate the number of participants expected to participate in
the parade or assembly, as reflected in the application completed and submitted pursuant to the
requirements of this Chapter; or
(5) The parade would result in a violation of any federal, state or local law or
regulation.
Upon making any finding set forth in this subsection, the City Administrative Officer or
the City Administrative Officers designee shall deny the permit application.
(c) As a condition of the issuance of a permit under the provisions of this Chapter,
the City Administrative Officer or the City Administrative Officer's designee may require that the
parade or assembly be limited to a portion of the width of the street or right of way upon which
the applicant seeks to conduct the parade or assembly, provided that such limitation does not
limit or interfere with the conduct of the parade or assembly or cause the parade or assembly to
violate any other provision of this Chapter or any other federal, state or local law or regulation.
5.80.060 Non-discrimination.
The official designated by the City to act on permit applications shall uniformly consider
each application upon its merits and shall not discriminate in granting or denying applications;
and, shall not deny any permit based upon political or religious grounds or reasons.
5.80.070 Notice of issuance or denial of permit.
(a)The City Administrative Officer or the City Administrator's designee shall approve or
deny the permit application and shall provide notice to the applicant of the action taken by
telephone and by written notice or facsimile, if the applicant provides a fax number, within the
following time limitations:
If the permit is sought under the provisions of Sections 5.80.040(b)(1) or(2), within
two (2) days after submission of the application. If the permit is sought under the provisions of
Sections 5.80.040(b)(3) and (4), within twenty-four(24) hours after submission of the
application.
(b) If the permit is denied, the notice of denial shall set forth the reasons for denial.
5.80.080 Interference with parade or assembly.
No person shall knowingly join or participate in any parade or assembly conducted under
permit from the City, in violation of any of the terms of said permit, nor knowingly join or
participate in any permitted parade or assembly without the consent of the permittee, nor in any
manner interfere with its progress or orderly conduct.
5.80.090 Prohibitions.
The following prohibitions shall apply to all demonstrations, rallies, picket lines, parades
and assemblies.
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Ordinance No. (2002) Attachment 2
Page 6
(a) It shall be unlawful for any person to carry or possess, while participating in any
parade or assembly, any length of lumber, wood, or wood lath greater than one foot in length,
unless such object is of wood, is blunted at its ends, and is one-fourth (1/4") inch or less in
thickness and two (2") inches or less in width, or if not generally rectangular in shape, such
object shall not exceed three-fourths (3/4") inch in its thickest dimension.
(b) It shall be unlawful for any person to carry or possess any length of plastic pipe
or metal greater than one foot in length or greater than one quarter inch (1/4") in its thickest
dimension.
(c)It shall be unlawful for any person to carry any sign, poster, plaque, or notice,
whether or not mounted on a length of wood as specified in subsection (a) of this Section, unless
such sign, poster, plaque, or notice is constructed solely of a cloth, paper, or cardboard material
no greater than one quarter inch (1/4") in thickness.
(d) It shall be unlawful for any person to ride, drive, or cause to be ridden or driven
any animal or any animal-drawn vehicle upon any public street, unless specifically authorized by
a permit.
(e)It shall be unlawful for any person to carry or possess any projectile launcher or
other device which is commonly used for the purpose of launching, hurling, or throwing any
object, liquid, material or other substance.
(f) It shall be unlawful for any person to carry,.possess or wear, any gas mask or
similar device designed to filter all air breathed and that would protect the respiratory tract and
face against irritating, noxious or poisonous gases.
(g) It shall be unlawful for any person to fail to abide by the instructions of a traffic
control officer given for the purpose of accommodating traffic, including emergency vehicles,
through and across a parade route, demonstration, rally, picket line or assembly.
Nothing in this Section shall prohibit a disabled person from carrying a cane, walker, or
similar device necessary for providing mobility so that the person may participate in a
demonstration, rally, picket line, parade or assembly.
5.80.100 Content of permit.
In each permit, a copy of which shall be maintained and kept upon the person in charge of
the parade or assembly at the parade or assembly site at all times during the parade or assembly,
including during assembly and dispersal, the City.Administrative Officer or the City
Administrative Officer's designee, shall set forth the following information as that information is
set forth in the approved application:
(a)The name, address and telephone number of the person to whom the permit is
issued.
(b)The names, addresses and telephone numbers of the sponsoring organization,if
any.
(c)The name, address and telephone number of the chairperson of the parade or
assembly.
(d)The date for which the parade or assembly is scheduled.
(e)The assembly area for the parade or assembly.
(f)The starting and ending time for the parade or assembly.
Ordinance No. (2002) Attachment 2
Page 7
(g)The minimum and maximum speeds at which the parade is to progress, if
applicable.
(h)The route which the parade or assembly will take.
(i)The maximum number of platoons or units, if any, in the parade or assembly and
the maximum and minimum interval of space to be maintained between the units of such parade
or assembly.
0)The maximum length of such parade or assembly in miles or fractions thereof.
(k)The disbanding area for the parade or assembly and the disbanding time.
(1)The number and type of vehicles in the parade or assembly, if any.
(m)Whether participants in the parade or assembly shall be wearing masks.
(n)The type of security or other arrangements that will be provided to assure
participants are properly directed.
The parade or assembly permit shall also set forth any condition imposed pursuant to
Section 5.80.050(c). Additionally,,the permittee shall advise all participants in the parade or
assembly, of the terms and conditions of the permit, prior to the commencement of the parade or
assembly.
5.80.110 City's costs to be paid by person or organization responsible for
parade or assembly.
A permittee under the provisions of this Chapter shall reimburse the City for all traffic
control costs incurred in connection with diverting traffic due to the closure of streets. These
costs shall be established by the City Council by resolution. No fee shall be charged based upon
the need for security or increased police protection due to the nature of the parade or assembly.
5.80.120 Violation.
Any violation of this Chapter or the terms or conditions of a parade or assembly permit by
the permittee or any participant in a parade or assembly is a misdemeanor.
5.80.130 Prompt Judicial Review.
Any applicant or permittee pursuant to this Chapter may seek judicial review of any
decision made pursuant to this Chapter in accordance with the provisions of Section 1.20.060 of
this Code.
SECTION 2. Severability.
These regulations and the various parts thereof are declared to be severable. If any part
or provisions of these regulations or application thereof to any person or circumstances are
declared by the courts to be unconstitutional or invalid, such decision shall not affect or impair
the validity of the chapter as a whole, or any portion thereof other than the section so declared to
be unconstitutional or invalid. The Council declares that it would have enacted the remainder of
these regulations even without any such part, provision or application declared to be
unconstitutional or invalid.
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Ordinance No. (2002) Attachment 2
Page 8
SECTION 3. A summary of this ordinance, approved by the City Attorney, together
with the names of the Council members voting for and against it, shall be published at least five
days prior to its final passage; in the Telegram-Tribune; a newspaper published and circulated in
this City. This ordinance will go into effect at the expiration of thirty (30) days after its final
passage:
INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis
Obispo at a meeting held on the day of 2002, upon motion
of seconded by and on the
following roll call voter
AYES:
NOES:
ABSENT:
Mayor Allen Settle
ATTEST:
Lee Price, City Clerk
APPROVED AS TO FORM:
Jeffrey G. Jorgensen, City Attorney
a-�
Attachment 3
ORDINANCE NO. (2002 Series)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO ADDING SECTION 1.20.060 TO CHAPTER 1.20
OF THE SAN LUIS OBISPO MUNICIPAL CODE
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Section 1.20.060 is hereby added to the San Luis Obispo Municipal Code to read as
follows:
1.20.060 Prompt Judicial Review.
Any interested party may seek judicial review of a final City decision regarding the issuance,
revocation, suspension, or denial of a permit or license for an activity protected by the First Amendment
of the United States Constitution in accordance with the terms and procedures provided by California
Code of Civil Procedure Section 1094.8.
SECTION 2. A summary of this ordinance, approved by the City Attorney, together with the
names of the Council members voting for and against it, shall be published at least five days prior to its
final passage, in the Telegram-Tribune, a newspaper published and circulated in this City. This ordinance
will go into effect at the expiration of thirty (30) days after its final passage.
INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at a
meeting held on the day of 2002, upon motion of
seconded by and on the following roll
call vote:
AYES:
NOES:
ABSENT:
Mayor Allen Settle
ATTEST:
Lee Price, City Clerk
APPROVED AS TO FORM:
c
effrey G. Jorgensen, City Attorney
NG AGENDA
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Mardi Gras San Luis Obispo
Mann 67riR P.O.Box 14409
Sen Luis Obispo.CA 93406
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April 15,2002SLO CITY COUNCIL D5L10
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San Luis Obispo city Council ✓37wn s
RE:Response to"PARADES AND SPECIAL EVENTS ORDINANCE"( Recorrmiendation
Dear Honorable Council Members,
MGSLO supports the City Staff recommendation to repeal 5.76 and thereby resolve the c urrwd
litigation between MGSLO and The City of San Luis Obispo.Furthermore,MGSLO tentatively supports
the adoption of the proposed 5.80"Parades&Assemblies"ordinance as well as the 120.060 addition.
Regarding continued research and development of a permanent parade ordinance, MGSLO asks that
the City Council and Staff direct their attention to the following issues:
Parades;public art and exuberant public celebrations such as Mann Gras and First Night have existed
in communities throughout recorded history. They may not be daily activities, but they are regular,
traditional, healthy and necessary human activities and deserve,the same tax-funded police protection
that any other nominal activity in our city would deserve. Approximately 2000 community members
participate in the Mardi Gras parade. Parade attendance numbers range from 40%to 70%of the citys
population. It is a community event in the truest sense. These parficipants and spectators are
members of the public who pay taxes,and maintaining public order at an event such as Mardi Gras is a
valid use of public funds.
In recent years,there has been a disturbing increase in inappropriate and destructive behavior among
a minority of the public(who are often young and intoxicated)attending special events. It is unfortunate
that our community,along with the rest of the nation, is affected by this social phenomenon. However,
as is dearly stated, in Ken Hampian's Feb 13,2002 letter to City Council,the SLOMG Parade,and its
organizers,are not the problem. Law enforcement issues arise not from parade participards,but from a
small number of third party spectators that make up a minority of the larger parade audience.
it is MGSLO's firm position that the cancellation, interference or even the lack of support of special
events by City Government is a completely inadequate and inappropriate way for our Government to
deal with increasing difficulties associated with public celebrations. Part of the purpose of municipal
governments is to provide support for public celebrations and creative expression. Social problems
must be addressed separately and directly.
The staff report makes two references to"a legitimate concern for the recovery of extraordinary law
enforcement casts." It is MGSLb's position that any attempt to charge event organizers(individually or
collectively)for the cost of maintaining order among third-party members of the public is unethical and
will ultimately be deemed illegal. "...while the City of San Luis Obispo clearly has a significant interest
in maintaining order,this interest does not permit it to charge applicants for that order." [Judge Audrey
B.Collins in"RE:PLAINTIFFS APPLICATION FOR PRELIMINARY INJUNCTION]. Further,MGSLO
maintains that that such costs might well be mitigated though creative problem solving with special
attention given to the town and gown situation.
The torn of the staff report raises concern that the City may intend to continue its practice of designing
for the worst-case scenario with maximum police personnel and equipment,and then publicly blaming
event organizers for the exorbitant costs and potential problems.
• Page 2 April 15,2002
Rather,MGSLO calls on the City Council to direct its staff to:
1) Recognize that Special Events are a normal and necessary human activity that entrance and
strengthen a community,and that maintaining public order associated with such events is the
responsibility of municipal government
2) Working with event organizers,investigate other more creative effective and economical public
safety solutions that have proven successful in other communities. The involvement of
interested City Council members would be helpful in this process.
3) Ensure that the"traffic control"fees billed to event organizers under 5.80 are done so fairly and
do riot drive up costs so as to threaten the viability of a new or existing Special Event
4) Make public a thorough and detailed accounting of costs and their justifications where those
casts are publicly attributed(via press or otherwise)to a particular event
Special Everts are things of intangible yet extraordinary value. They provide for expression of
creativity,celebration of joy and life,and the creation and strengthening of community ties and business
relations.
While one might argue whether or not Special Events are worth the cost of maintaining public order
(they are!), how high is the cost of allowing a minority of hoodlums to take these things of value away
from our community against its will? This,we feel,is a price far too high to be paid.
March Gras organizers want to continue working with the City to meet the challenge.We ask them to
work with us and to be open to creative alternatives for designing the evert so we can continue to offer
one of the most popular events in San Luis Obispo,the Mardi Gras parade.
Sincerely,
Mann Gras of San Luis Obispo
Thanks in advance for consideration of our input,
-Dave Lewicki
dlevAcki@freecase.com
805.547.1325
93 Broad Street
San Luis Obispo, CA, 93405