Oakland |
Code of Ordinances |
Title 12. STREETS, SIDEWALKS AND PUBLIC PLACES |
Chapter 12.44. ASSEMBLIES AND PARADES |
Article II. Parades |
§ 12.44.180. Traffic control fees—Use of pre-established event routes.
A.
Prepayment of Fees. Upon approval of an application for a parade permit, the Chief of Police shall provide the applicant with a statement of the estimated cost of providing police officers for traffic control at the parade. The applicant/sponsor shall be required to prepay the traffic control fees prior to the issuance of a parade permit. Traffic control includes clearing the parade route or site of unauthorized vehicles, diversion of traffic around the parade, and directing pedestrian and vehicular traffic along the route of the parade.
B.
Computing Traffic Control Costs. The traffic control costs shall be computed by determining the number of police officers who will be required for traffic control beyond that which would otherwise be required at that time multiplied by the number of hours for which such additional service is rendered at the rate of the city's full cost of providing officers on an hourly basis as established by the Police Department's fee schedule.
C.
Refunds or Additional Charges. If the actual cost for traffic control on the date of the parade is less than the estimated cost pursuant to subsection A of this section, the applicant/sponsor will be promptly refunded the difference by the city. If more police hours are required than originally charged, the sponsor will be billed the additional costs.
D.
Pre-Established Parade Routes and Fees. The City Council, upon the recommendation of the Chief of Police shall pre-establish several parade routes within the city. The routes shall specify the number of officers assigned for police traffic control on the routes. The pre-established routes and the fee schedule for police traffic control services shall be made available to the public.
E.
Free Speech Routes and Waiver of Fees. Traffic control fees will be waived by the Chief of Police if the following conditions are satisfied:
1.
The applicant/sponsor signs a verified statement that he or she believes the parade's purpose is First Amendment expression, and that the cost of traffic control fees is so financially burdensome that it would constitute an unreasonable burden on the right of First Amendment expression.
2.
The applicant or sponsor selects one of the pre-established free speech parade routes.
3.
The size of the parade can be controlled by one to four officers over a two-hour period.
(Prior code § 3-6.08 (§ 17))