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ORDINANCE 1362ORDINANCE NO. 1362 AN ORDINANCE REPEALING SECTIONS 7 -8 -1 AND 7 -8 -2 OF THE EL SEGUNDO MUNICIPAL CODE REGARDING PARADES AND ADDING A NEW CHAPTER 8 TO TITLE 8 OF THE EL SEGUNDO MUNICIPAL CODE ENTITLED "USE OF PUBLIC STREETS AND OTHER RIGHTS OF WAY FOR PARADES, ATHLETIC EVENTS, BLOCK PARTIES AND PUBLIC ASSEMBLIES." The city council of the city of El Segundo does ordain as follows: SECTION 1: Chapter 8 to Title 7 of the ESMC, entitled Parades, consisting of §§ 7 -8 -1 to 7 -8- 2 is repealed. SECTION 2: A new Chapter 8 is added to Title 8 of the ESMC to read as follows: "Chapter 8 USE OF PUBLIC STREETS AND OTHER RIGHTS OF WAY FOR PARADES, ATHLETIC EVENTS, BLOCK PARTIES AND PUBLIC ASSEMBLIES. 8 -8 -1: Purpose. 8 -8 -2: Definitions. 8 -8 -3: Administration by Director. 8 -8 -4: Notices. 8 -8 -5: Permit requirements. 8 -8 -6: Exceptions. 8 -8 -7: Fees. 8 -8 -8: Right of Administrative Review. 8 -8 -9: Time for Administrative Review. 8 -8 -10: Commencement of Administrative Review. 8 -8 -11: Administrative Review. 8 -8 -12: City Council Appeal. 8 -8 -13: Application For Permit — Form And Content — All Events. 8 -8 -14: Additional Information Required for Parades. 8 -8 -15: Additional Information Required for Block Parties. 8 -8 -16: Supplemental Information Required by the Director. 8 -8 -17: Action on Permit Application — Review by City Officers. 8 -8 -18: Time Requirements — Events. 8 -8 -19: Time Requirements — Block Parties. 8 -8 -20: Time Requirements — Free Speech Event. 8 -8 -21: Action on Permit Application — Permit Issuance. Page 1 of 20 8 -8 -22: Action on Permit Application — Permit Denial. 8 -8 -23: Alternative time, place, or manner. 8 -8 -24: General Permit Conditions — Indemnification Agreement. 8 -8 -25: General Permit Conditions — Liability Insurance. 8 -8 -26: General Permit Conditions — Notice To Adjoining Property Owners. 8 -8 -27: Special Permit Conditions. 8 -8 -28: Subsequent Conditions. 8 -8 -29: Permit Revocation. 8 -8 -30: Emergency Suspension of Authorized Event. 8 -8 -31: Cordoning Off the Route or Site of an Event. 8 -8 -32: Public Conduct during an Authorized Event. 8 -8 -1: Purpose. This chapter is adopted pursuant to the city's police powers and California Vehicle Code § 21101(e), and any succeeding statute, for the purpose of regulating parades, athletic events, block parties and public assemblies on or within a city street, parking facility, sidewalk or other public rights -of -way that obstruct, delay or otherwise interfere with the normal flow of vehicle or pedestrian traffic, or which do not comply with applicable traffic laws or controls. 8 -8 -2: Definitions. Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this chapter. A. "Athletic event" means any event where a group of persons collectively engage in a sport or form of physical exercise on or within a city street, parking facility, sidewalk, or other public right -of -way, including, without limitation, jogging, running, walking, racing, bicycling, rollerblading, and roller skating. B. "Block party" means a noncommercial social gathering on a local, not arterial or collector, street or area requiring partial or complete street closure to vehicular traffic and use of the street for the festival. C. "City Manager" means the city manager or designee. D. "Director" means the city of El Segundo's director of recreation and parks, or designee. E. "Event" means any parade, athletic event, block party or public assembly that may require partial or complete street closure to vehicular traffic and use of the street for the event. F. "Free speech" means activity protected by the First Amendment of the United States Constitution and/or Article 1, Section 2 of the California Constitution Page 2 of 20 provided that such activity is a significant part of the event. G. "Group" means two or more individuals. H. "In writing" means telegram, facsimile or any other written document. I. "Parade" means any organized march or organized procession of animals, vehicles or persons on or within a city street, parking facility, sidewalk or other public right -of -way. " Permittee" means a person or entity to which the city issues a permit pursuant to this chapter. K. "Public assembly" means any group of people participating in an organized activity on or within a city street, parking facility, sidewalk or other public right - of -way, other than a group of people participating in an athletic event, block party or parade. L. "Public safety officer" has the same definition as set forth in Government Code § 3301, and any successor statute. 8 -8 -3: Administration by Director. The director will receive applications, issue and revoke permits, and otherwise implement this chapter according to the procedures herein. 8 -8 -4: Notices. A. Where the provisions of this chapter require that an applicant /permittee be served with notice, such notice will be deemed served when personally delivered to such applicant/permittee or five days following deposit in the first class U.S. Mail, addressed to such applicant/permittee at the applicant/permittee's last known address. B. Unless otherwise provided, written notification to a permittee /applicant of a permit decision will state with particularity the basis for such decision. 8 -8 -5: Permit requirements. A. It is unlawful for any person to conduct, sponsor, or knowingly participate in any event on or within any city street, sidewalk, parking facility, or other public right - of -way that obstructs or interferes with the normal flow of vehicular or pedestrian traffic or which does not comply with applicable traffic laws or controls. Page 3 of 20 B. Activity in subsection (A) of this Section is permissible when a permit for such an event is obtained pursuant to this chapter. A permit is not deemed issued until the director receives the applicant's written acceptance in accordance with this chapter. 8 -8 -6: Exceptions. A special event pen-nit is not required for a parade consisting of a vehicular funeral procession or wedding procession. 8 -8 -7: Fees. A. Except as otherwise provided by federal, state, or local laws, or other city council authorized restrictions, all fees applicable to this chapter including, without limitation, fees for using public property, will be established by city council resolution. B. Charges will be imposed for city services provided to a permittee other than public safety and emergency services. Such charges will be determined by the applicable servicing city department(s) and will be based on the actual cost incurred by the city in providing such services. Such service charges will include, without limitation, charges for labor, supervision, overhead, administration and the use of any and all city equipment, supplies, and the like. Additional charges may be imposed to cover the cost of extraordinary permit investigation and staff costs, if the director determines this necessary. C. Traffic Control Fee. Permittee will pay the city a fee in an amount equal to the city's total estimated costs for providing all of the personnel and materials, including, without limitation, public safety personnel, necessary to control and monitor pedestrian and vehicular traffic for such event. Such fee will be paid by the permittee before the director issues a permit. The traffic control fee may be waived by the director for any permit authorizing an event involving an exercise of free speech rights. Such waiver may be granted only upon a showing of the applicant's inability to pay, which will be supported by a financial declaration. D. Fee Waivers. Upon an applicant's request, the director may, but is not required to, seek a fee waiver from the city council for an event. Fees may only be waived for the following applicants: 1. Non - profit groups with current Internal Revenue Code 501(c)(3) status or 501(c)(6) status, government agencies, and public schools; or 2. Community service groups or organizations without current Internal Revenue Code 501(c)(3) status or 501(c)(6) status where the city council, Page 4 of 20 by resolution, determines that the proposed event provides services that meet community needs and it is in the public interest to waive such fees. ADMINISTRATIVE APPEALS 8 -8 -8: Right of Administrative Review. Except as otherwise provided, an applicant may request administrative review of the director's decision pursuant to this chapter. 8 -8 -9: Time for Administrative Review. A. Except as otherwise provided, a request for review must be commenced within five (5) days from the date on which written notice of the director's decision is served on the applicant /permittee. B. If request is untimely, the director may, nevertheless, extend the time for commencing such review for good cause shown. 8-8-10: Commencement of Administrative Review. A request for administrative review will be on a form provided by the director and contain the following information: A. The name, address and telephone number of the person making the request; B. A description of the decision, determination or order which is the subject of the review, and the date such decision, determination or order was made or issued; C. A brief description of all grounds for making the request; and D. Such other information as may be required by the director. 8-8-11: Administrative Review. A. Upon request for administrative review being filed, the director will provide a copy of the notice to the city manager within two (2) business days. B. Upon receiving a request for review from the director, the city manager will review the request and, within ten (10) days of receiving the request notice, provide the appellant with a written notification that: The director's decision is affirmed; 2. The director's decision is modified; Page 5 of 20 3. The director's decision is reversed and a permit is issued or issued without special conditions. C. The city manager may, but is not required to, conduct a hearing at a time and place determined at the city manager's sole discretion. D. In addition to other provisions of this chapter, any notification to the requestor must set forth any modifications of the director's decision. 8-8-12: City Council Appeal. Unless otherwise provided, an applicant may appeal the city manager's decision to the city council within ten (10) days of that decision as provided elsewhere in this code or by city policy and procedure. PERMIT APPLICATIONS 8-8-13: Application For Permit — Form And Content — All Events. A. Permit applications will be filed by an individual. B. Permit applications will be in a form prescribed by the director and, for all events, will contain all of the following information: 1. The name, mailing address, and daytime and evening telephone numbers of the person filing the application; 2. If the event is to be conducted by an organization, the name, mailing address, and daytime telephone number of the organization; and if requested by the director, written documentation of the authority under which the applicant is applying for the permit on behalf of the organization; 3. The name, mailing address, and daytime telephone number of the person who will be present during, and responsible for, the event; 4. The name, mailing address, and daytime and evening telephone number of any workers to be employed during the event; 5. The name, mailing address, and daytime and evening telephone number of an alternate person to contact if an emergency arises and the applicant is unavailable; 6. The nature of the event; Page 6 of 20 7. The proposed date and estimated starting and ending time of the event; 8. The proposed location of the event, including its boundaries; 9. The estimated number of participants in the event; 10. The type and estimated number of vehicles, animals and structures that will be used in the event; 11. A description of any sound amplification equipment to be employed at the event; 12. The number, size, and material of construction of any signs or banners to be used in the event; 13. The parking requirements for the event; 14. The location of any water, first aid, or comfort stations to be provided at the event; 15. The type and number of any vendors who will sell food, beverages or other goods or services at the event for which a business license is required by this code; and 16. The type of entertainment. 8-8-14: Additional Information Required for Parades. In addition to the information required in this chapter, every application for a parade will include the following information: A. The time when units of the parade will begin to assemble; B. The proposed assembly point for the parade; C. The proposed parade route; D. The interval space to be maintained between units of the parade; E. The estimated duration of the event; and F. The number, types and size of floats. 8-8-15: Additional Information Required for Block Parties. In addition to the information Page 7 of 20 required by this chapter, every applicant for a block party will include the following information: A. How many occupied houses are within the proposed block party boundaries; B. Drawing of the street layout, block party boundaries and proposed barricades; and C. Petition of at least 2/3 of the property owners /residents on the street within the affected area must show their consent in writing. The petition must clearly state the time, date, place and sponsor of the event. Petitioner information must include name, address, telephone and signature. 8-8-16: Supplemental Information Required by the Director. In addition to the information required this chapter, applications for all permits authorizing an event will include such supplemental information which the director may find reasonably necessary, given the nature of the event, in order to determine whether to approve or deny a permit authorizing such event in the manner hereinafter provided by this chapter. ACTION ON PERMIT APPLICATIONS 8- 8- 17:Action on Permit Application — Review by City Officers. A. After an event permit application is filed, the director will immediately forward the application to directors, or designees (collectively "reviewing officers "), whose departments are affected by the proposed event for their recommendations. The reviewing officers may include, without limitation: The fire chief, 2. The police chief; and 3. The public works director. B. Upon receiving an application, the reviewing officers will consider the application, conduct any necessary investigation, and provide the director with written recommendations regarding: 1. Any special conditions for a permit; 2. Whether, based on the scope of the proposed event, a pre -event operational meeting is required. Should such a meeting be necessary, the Page 8 of 20 director will notify the applicant of the time and place of the meeting within a reasonable time before the event; and 3. Any additional recommendations. C. The reviewing officers must complete their review within the time that the director must make a decision on the application. 8-8-18: Time Requirements — Events. A. Except as provided in this chapter, completed applications for a permit authorizing an event will be filed in the director's office at least: Fifty (50) days before the date of such event to ensure administrative and city council appeals; 2. Thirty (30) business days before the date of such event, in which case the opportunity for a city council appeal is deemed waived; or 3. A lesser time period approved by the director provided that there is sufficient time to process the application pursuant to this chapter. Any applicant submitting an application pursuant to this section less than thirty (30) days before an event is deemed to have waived the administrative review and city council appeal. B. Except as provided in this chapter, completed applications for a permit authorizing an event will be denied, approved, or conditionally approved by the director within fifteen (15) business days after receiving the completed application. Following his/her decision, the director will promptly attempt to notify the applicant orally, and will provide written notification to the applicant and the city manager. C. Unless otherwise provided, the applicant's acceptance of the approval or conditional approval must be received by the director within five (5) business days after the applicant was served with notification of the decision. Failure of affected persons to receive actual notice of an event after permittee has provided reasonable notice will not invalidate a permit. 8-8-19: Time Requirements — Block Parties. A. Completed applications for a permit authorizing a block party: Page 9 of 20 Will be filed in the director's office at least fifteen (15) business days before the date of such event or ten (10) business days if the applicant wishes to waive his/her administrative review rights; 2. Will be denied, approved, or conditionally approved by the director within seven (7) business days after receiving the application. The director will promptly attempt to notify the applicant orally and provide written notification to the applicant and city manager. B. Applicant's acceptance of the approval or conditional approval must be received by the director within Five (5) business days after the applicant is served with notice. Failure to accept the decision or to timely file a request for administrative review will be deemed a withdrawal of the application. C. If the applicant filed a completed application at least fifteen (15) business days before the event and the permit is denied or conditioned, the applicant may request an administrative review to the director in writing within three (3) business days of being served with notice of the decision. D. Applicant will be deemed to have waived his/her administrative review rights should the applicant fail to: Submit a completed application at least fifteen (15) days before the event; 2. Fail to request review of the director's decision. E. The director's decision is a final determination. There will be no right of city council appeal. 8 -8 -20: Time Requirements — Free Speech Event. A. Completed applications for a permit authorizing a free speech event: Will be filed in the director's office at least two (2) business days before the date of such event to ensure an administrative review. The director may, but is not required to, accept a completed application less than two (2) business days before an event upon good cause shown. Applications will not be accepted less than twenty -four (24) hours before an event. Page 10 of 20 2. Will be denied, approved, or conditionally approved by the director within one (1) business day after receiving the application. The director will promptly attempt to notify the applicant orally, and provide written notification to the applicant and city manager. Such notice will provide detailed facts and reasons for any denial or conditional approval. The director will consult with the city attorney's office before denying, or specially conditioning, a permit for a free speech event. B. Applicant's acceptance of the approval or conditional approval must be received by the director at least twenty -four (24) hours before the event. Failure to accept the director's decision or to timely file an administrative review request will be deemed a withdrawal of the application. C. The applicant may appeal to the city manager in writing within one (1) business day of either oral or written notification, whichever is first. D. An administrative hearing will be held at a time and place mutually agreeable to the parties. If the parties cannot agree on the time or place, then it will be held the next business day after the director's decision at 4:00 P.M. in the city manager's office. The city manager will issue a decision orally at the conclusion of the hearing and will also notify the applicant and the director in writing of the city manager's decision. Any notification will describe, with particularity, the facts and reasons supporting the decision. E. The city manager's decision is a final determination. There will be no right of city council appeal. F. Applicant will be deemed to have waived his/her administrative review rights should the applicant fail to: File a completed application at least two (2) days before an event; 2. Seek review of the director's decision; or 3. Attend the administrative hearing personally or through an authorized representative. 8-8-21: Action on Permit Application — Permit Issuance. A. The director will issue a permit if Page 11 of 20 The application was complete in accordance with this chapter; 2. There are no grounds for denying the permit; and 3. Applicant accepts the permit approval or conditional approval in writing. B. Use of any permit issued pursuant to this chapter will conform to the general permit conditions of this chapter and, if applicable, special permit conditions reasonably deemed necessary by the director to protect public, safety or welfare. Such special conditions may include, without limitation, conditions for controlling pedestrian or vehicle traffic and for protecting public or private property. 8-8-22: Action on Permit Application — Permit Denial. A permit may be denied for the following reasons: A. The application is incomplete; B. The applicant failed to provide reasonable supplemental application information requested by the director; C. Information submitted by the applicant is materially false; D. Applicant seeks approval for an event that is so close in time and location to another event scheduled for the same date as to cause unreasonable traffic congestion or to overextend public safety or emergency services; E. The event's time, route, or method will unreasonably interrupt the safe and orderly movement of traffic contiguous to the site or route of the event; F. The concentration of persons, animals, or vehicles at the event, or at the site of an assembly or disbanding, prevents public safety or emergency services from reaching areas at or contiguous to the event; G. The size of the event will overextend public safety or emergency services to the extent that the safety of event participants, attendees, or the remainder of the city will be seriously jeopardized; This provision does not authorize denying a permit because of the need to protect participants from the conduct of others if reasonable permit conditions can be imposed; Page 12 of 20 H. The event consists of a parade that will not move from its point of origin to its point of termination in four (4) hours or less, or an amount of time otherwise approved by the director; The location of the event will substantially interfere with construction or maintenance work previously scheduled to take place on or along the city street, parking facility, sidewalk or other public right -of -way to be occupied by the event; J. The event will occur along a route or location adjacent to a hospital or extended care facility, and the noise created by the event would substantially disrupt the operation of the hospital or extended care facility or disturb the patients within; K. The event will occur at a time when a school is in session and along a route or at a location adjacent to the school or a class thereof, and the noise created by the activities of the event will substantially disrupt the educational activity of such school or class; L. The decorative material on parade floats is not fire resistive or flame retardant or motorized parade floats and towing apparatus are not provided with portable fire extinguisher readily accessible to the operator, as provided in the latest adopted edition of the Uniform Fire Code, or any similar provision in subsequent revisions of such code; M. The application is not timely submitted and there is insufficient time to investigate and process the application pursuant to the timelines herein. 8-8-23: Alternative time, place, or manner. If the director denies a permit for an event that would be acceptable by changing the event's time, place, or manner, then the director will inform the applicant of such alternatives. Should the applicant accept the alternative time, place, or manner then the director will issue a permit in accordance with this chapter. PERMIT CONDITONS 8 -8 -24: General Permit Conditions — Indemnification Agreement. Permittee will enter into a hold harmless agreement with the city which will, in part, indemnify city, its officers, employees, and agents, from any liability arising from permittee's event in a form approved by the city attorney's office. Such agreement will be filed with the director before issuance of the permit. 8-8-25: General Permit Conditions — Liability Insurance. Page 13 of 20 A. Insurance Requirements. Permittee will obtain liability insurance from an insurance company licensed to do business in the state of California and having a financial rating in Best's Insurance Guide of not less than "A VII." Such insurance will provide "occurrence" coverage against liabilities for death, personal injury or property damage arising out of or in any way connected with such event. Such insurance will be based upon the size and nature of the event, the risks foreseeably involved, and will be in the amount prescribed by city council resolution or city policy. Insurance will name the city and the city's elected and appointed officials, officers, and employees as additional insureds under the coverage afforded. In addition, such insurance will be primary and noncontributing with respect to any other insurance available to the city and will include a severability of interest (cross- liability) clause. If alcoholic beverages are sold or served at the event, the policy must also include and endorsement for liquor liability in an amount not less than $1,000,000. B. Certificates of Insurance. A copy of the policy or a certificate of insurance along with all necessary endorsements, in a form approved by the city's risk manager, must be filed with the director not less than five (5) business days, except as otherwise provided in this chapter, before the date of the event unless the director for good cause waives the filing deadline. C. Waiver of Insurance Requirements. The insurance required by this section must be waived by the director for any permit authorizing an event involving an exercise of free speech rights. 8 -8 -26: General Permit Conditions — Notice To Adjoining Property Owners. The permittee will attempt to notify all affected persons, by any reasonable means, regarding the event's nature, date, and time as specified by the director. Failure of the permittee to give such notice will not invalidate a permit. 8 -8 -27: Special Permit Conditions. A. Grounds for Special Permit Conditions. The director may condition a permit with reasonable requirements concerning the time, place, or manner of holding such event as necessary to protect the safety of persons and property or to control vehicular and pedestrian traffic in and around the site of the event, provided that these requirements will not be imposed in a manner that will unreasonably restrict the exercise of free speech rights. B. Conditions may include, without limitation, the following: Page 14 of 20 1. Assembly or disbanding area for a parade; 2. Accommodating an event's pedestrian and vehicular traffic, including restricting events to city sidewalks, portions of a city street, parking facility, or other public right -of -way; Avoiding substantial interference with public safety and/or emergency service access; 4. The number and type of vehicles, animals, or structures to be displayed or used in the event; 5. Inspection and approval by city personnel of stages, booths, floats and other structures or vehicles to be used or operated in the event, in order to ensure that such structures or vehicles are safely constructed and can be safely operated; 6. A cleaning deposit if the event includes using structures, displaying or using horses or other large animals, operation of water stations, food sales, beverage sales, and/or or sale of other goods or services; 7. Provision and use of traffic cones and barricades; 8. Provision and operation of first aid stations or sanitary facilities, including handicap- accessible sanitary facilities; 9. Provision and use of garbage containers, and the cleanup and restoration of the site of the event at the termination of the event; 10. Use of sound amplification equipment, and restrictions on the amount of noise generated by motors and other equipment used in the course of the event; 11. The manner for providing notice of permit conditions to event participants; 12. Provision and use of emergency services ; 13. Alternate sites, times, dates or modes for exercising free speech rights; Page 15 of 20 14. The manner of which alcohol sales and service, if any, will be conducted and proof of valid ABC license.. 8-8-28: Subsequent Conditions. A. Grounds for Special Permit Subsequent Conditions. The director may condition previously issued permits upon learning or discovering facts not previously disclosed or reasonably discoverable. B. Notice of Special Permit Subsequent Conditions. Should subsequent conditions be required, the director will serve written notice on the permittee of this decision. When acting upon information obtained twenty -four (24) hours before an event, the director may orally inform the permittee, and city personnel overseeing the event, of the new conditions. C. Except where otherwise provided, a permittee may seek administrative review of imposition of subsequent conditions to the city manager as provided in this chapter. The city manager's decision is a final determination. There will be no right of city council appeal. D. Except where otherwise provided, an applicant conducting a free speech event may appeal the decision to impose subsequent conditions through a hearing before the city manager. The city manager's decision is a final determination. There will be no right of city council appeal. 1. An applicant is entitled to an appeals hearing provided the applicant appeals the director's decision within twenty -four (24) hours of receiving notice of such conditions and the event's purpose is for free speech. 2. The hearing will be at the city manager's office at 4:00 P.M. the next business day after the hearing is requested, unless otherwise agreed upon. The city manager will issue a decision orally at the conclusion of the hearing and will also notify the applicant, the director in writing of the city manager's decision. Any notification will describe, with particularity, the facts and reasons supporting the decision. PERMIT REVOCATION /SUSPENSION 8 -8 -29: Permit Revocation. A. The director will revoke an event permit upon learning or discovering facts requiring permit denial not previously disclosed or reasonably discoverable. Page 16 of 20 B. The director may revoke an event permit when the permittee or event violates the permit's terms and conditions, or when event participants violate applicable laws or regulations; provided, however, that this subsection will not authorize revoking a permit because of the need to protect participants from the conduct of others; and, provided further, that the director will not revoke a permit without warning the permittee and allowing him/her to correct the violation(s) within a reasonable time. C. If the director revokes a permit before the date of the event, the director will immediately serve written notice of revocation on the permittee and will provide copies of the notice to all city personnel charged with carrying out any responsibility under this chapter. If the director revokes a permit on the day of the event after learning of facts justifying revocation less than twenty -four (24) hours before the event commenced, the director will announce such action to the event participants, to those city officers and employees monitoring or controlling traffic during the event, and to the person in charge of the event, if such person can be located at the site of the event. Written notice will be delivered after such action to the permittee and city manager. D. An applicant is entitled to an appeals hearing before the city manager provided The applicant appeals the director's decision within forty -eight (48) hours of receiving notice of such conditions; and 2. The event is scheduled at least forty -eight (48) hours after the hearing time. 3. The hearing will be at the city manager's office at 4:00 P.M. the day after the hearing is requested, unless otherwise agreed upon. The city manager will issue a decision orally at the conclusion of the hearing and will also notify the applicant, the director in writing of the city manager's decision. 4. Content of Notices of Revocation. Any notification of action, whether oral or written, will describe with particularity the facts and the reasons for the decision. E. The city manager's decision is a final determination. There will be no right of city council appeal. F. The director or city manager can only revoke a permit for a free speech event after consulting with the city attorney's office. Page 17 of 20 8 -8 -30: Emergency Suspension of Authorized Event. The city manager and any sworn public safety officer may temporarily suspend an event whenever there is an emergency that requires such action to protect public safety. Should this occur, the permittee and event participants will immediately comply with the suspending officer's instructions. The director will immediately attempt to notify the applicant orally and will notify the applicant and the city manager in writing, within twenty -four (24) hours after the suspension, citing with particularity the facts and the reasons for the suspension. CONDUCT OF A PERMITTED EVENT 8 -8 -31: Cordoning Off the Route or Site of an Event. The director of public works, or designee, is authorized and directed to establish traffic and crowd control devices on or within the city's streets, parking facilities, sidewalks, or other public rights -of -way, and to undertake other actions necessary to cordon off the route or site of an event. In addition, the director of public works, or director, will, when appropriate, cause the route or site of such event to be posted as a no- parking zone for the duration of the event and sufficiently in advance thereof as may be necessary to prevent vehicles from parking along the route or at the site of the event. 8 -8 -32: Public Conduct during an Authorized Event. A. Interference with Event. It is unlawful to physically obstruct, impede, hamper or otherwise interfere with any event authorized by a permit or with any person, animal or vehicle participating or used in such event. B. Driving Through the Site of Parade or Athletic Event. It is unlawful to drive a vehicle between vehicles or persons traversing the route of a parade or athletic event authorized by a permit when such vehicles or persons are in motion. C. Prohibited Parking. It is unlawful to park along or within any portion of the route or site of an event authorized by a permit, when the route or site had been posted as a no- parking zone by the director in the manner authorized by this chapter." SECTION 3. Repeal of any provision of the El Segundo Municipal Code will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. Page 18 of 20 SECTION 4: If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the city council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 5: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of El Segundo's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 6: This Ordinance will become effective thirty (30) days following its passage and adoption. PASSED AND ADOPTED this3rd day of June , 2003. Mike Gordon, Mayor Page 19 of 20 ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 1362 was duly introduced by said City Council at a regular meeting held on the 20th day of mad, , 2003, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 3rd day of June , 2003, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cindy M rtesen, City Clerk Gordon, Jacobs, Gaines, McDowell, Wernick None None None APPROVED AS F Mark D. Hen , Ci oY By: arl H. Berger Assistant City •. orp Page 20 of 20 CITY OF EL SEGUNDO AFFIDAVIT OF POSTING: STATE OF CALIFORNIA } COUNTY OF LOS ANGELES } ss CITY OF EL SEGUNDO } ORDINANCE NO. 1362 AN ORDINANCE REPEALING SECTIONS 7 -8 -1 AND 7-8 -2 OF THE EL SEGUNDO MUNICIPAL CODE REGARDING PARADES AND ADDING A NEW CHAPTER 8 TO TITLE 8 OF THE EL SEGUNDO MUNICIPAL CODE ENTITLED "USE OF PUBLIC STREETS AND OTHER RIGHTS OF WAY FOR PARADES, ATHLETIC EVENTS, BLOCK PARTIES AND PUBLIC ASSEMBLIES." I, Cathy Domann, declare as follows: That I am the Deputy City Clerk, acting as a Secretary to the El Segundo City Council; that a copy of the document listed above for the meeting of June 3, 2003, was posted at the following conspicuous place, City Hall Front Window, on June 5, 2003, at 4:45 p.m. I declare under the penalty of perjury that the foregoing is true and correct. Executed on June 5, 2003. djyhcl/Y1n,,- (Signature)