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Ordinance - 1799• ORDINANCE NO. 1799 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING CERTAIN SECTIONS OF CHAPTER 19, ARTICLE V OF THE WEST COVINA MUNICIPAL CODE RELATING TO PARADES. The City Council of the City of West Covina does hereby ordain as follows: SECTION 1. The West Covina Municipal Code relating to requirements is hereby amended to read as follows: Section 19-131. Required. No person shall engage in, participate in, aid, form, or start any parade, unless a parade permit shall have been obtained from the chief of police. Section 19-132. Exemptions. This division shall not apply to: (a) Funeral Processions; (b) Students going to and from school classes or participating in school activities, providing such conduct is under the immediate direction and supervision of the proper school authorities; (c) A governmental agency acting within the scope of its functions. Section 19-133. Application. (a) Generally. A person seeking issuance of a parade permit shall file an application with the chief of police on forms provided by such officer. (b) Filing period. An application for a parade permit shall be filed with the chief of police not less than twenty (20) days nor more than four (4) months before the date on which it is proposed to conduct the parade. (c) (12) If the parade is designed to be held by, and on behalf of or for, any person other than the applicant, the applicant for such permit shall file with the chief of police a communication in writing from the person proposing to hold the parade, authorizing the applicant to apply for the permit on his behalf. (c) (13) Any additional information which the chief of police shall find reasonable necessary to a fair determination as to whether a permit should be issued, provided such information is relevant under applicable provisions of state and federal law and relates to the time, place, manner and duration of the parade. (d) Late applications. The chief of police, where good cause is shown therefor, shall have the authority to consider any application 10 hereunder which is filed less than twenty (20) calendar days before the date such parade is proposed to be conducted. (e) Estimated expenses. Any costs incurred by the city directly associated with the conducting of a parade shall be paid by the applicant. This amount, if any, shall be determined by the chief of police prior to the filing of an application. The estimated expenses shall be accepted as a deposit by the finance director when the application is filed. C, lJ (f) Certificate of insurance. A certificate of insurance must be presented with an endorsement indicating the City of West Covina is an additionally named insured in the amount specified by the risk manager at $1 million CSL and CGL or as otherwise specified by the risk manager. Section 19-134. Standards for issuance. The chief of police shall issue a permit as provided for hereunder when, from a consideration of the application and from such other information as my otherwise be obtained, he finds that: Section 19-135. Approval or rejection. (a) The chief of police shall approve or disapprove the application for a parade permit according to the standards set out in Section 19-134 of this article. (b) The chief of police shall mail to the applicant, without delay, a notice of the action of the chief of police. If the application is rejected, the notice must state the reasons for the rejection. If the application is approved, the parade permit will suffice as notification of approval. (c) Any person may appeal such 19-136. SECTION 2. Section 19-136. as follows: Section 19-136. aggrieved by the action of the chief of police a decision to the city council pursuant to Section Repealed in its entirety and amended to read Appeal procedure. All appeals to the city council shall be in writing and shall state the reasons therefor. The appeal shall be filed with the city clerk within ten (10) days after the date of personal service or deposit in the United States postal service of the written decision of the chief of police as set out in Section 19-135 (b). Within thirty (30) days thereafter, the appeal shall be heard by the city council at a public hearing. The city clerk shall give notice of the time and date of the hearing. At the hearing, the city council may consider any and all evidence, oral or written, regarding issuance of the permit under the standards set out in Section 19-134. The decision of the city council shall be final, and shall be provided to the appellant in writing within 15 days of the hearing. SECTION 3. Section 19-139. Revocation The chief of police shall have the authority to revoke a parade permit issued under this division upon violation of the standards for issuance as herein set forth, or upon failure to comply with the terms, directions or conditions of the permit. adoption. SECTION 4. Effective date. This ordinance shall be effective 30 days from the date of its - 2 - • • PASSED AND APPROVED this 28thday of NovemhPr , 1988• MAYOR ATTEST: ti CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF WEST COVINA ) I, Janet Berry , City Clerk of the City of West Covina, do hereby certify that the foregoing Ordinance No. 1799 was regularly introduced and.placed upon its first reading at a regular meeting of the City Council on the 14th day of November , 1988. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 28th day of November , 1988, by the following vote, to wit: AYES: Councilmembers: Tarozzi, McFadden, Lewis, Bacon, Manners NOES: Councilmembers: None ABSENT: Councilmembers: None APPROVED AS TO FORM: cc i� o—tu4--k . Off° . Wa nna Cho . CITY ATTORNE - 3 - V CITY CLERK CERTIFICATION • I, JANET BERRY, City Clerk of the City of West .Covina, State of California, do hereby certify that a true and accurate copy of Ordinance No. was published, pursuant to law, in the San Gabriel Valley Tribune, a newspaper of general circulation published and circulated in the City of West Covina. Janet Berry, ity Clerk City of West Covina, California DATED:. /02