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SR-08-28-1979-6Od/?~ _J Santa Monica, lalifornia, August 21, 1979 T0: Mayor and City Council FROM: City Staff SUBJECT: Proposed Public Parade/Demonstration Ordinance Aus a a ~s~s Introduction The Police Department is seeking a means to avoid the destruction of property and potential injury to officers and citizens by persons engaged in otherwise permissible marches or demonstrations. The adoption of a Municipal Ordinance placing restrictions on the size of placards and thematerials from which they are constructed would achieve the desired objective while satisfying constitutional guidelines. Background - Recent political demonstrations in the City of Beverly Hills which resulted in a confrontation between placard carrying demonstrators and the police prompted the enactment of emergency legislation which placed restrictions on banners carried in parades or marches, The restrictions apply to the size of the "staff" to which the sign is attached, and to the material from which the staff and the actual sign are constructed, The proposed ordinance is similar to that adopted by Beverly Hills in that it makes signs which have obvious characteristics as offensive weapons unlawful. Although challenges to the ordinance may be made on grounds that it abridges the constitutional right to free speech, the U.S. Supreme Court has addressed and upheld similar legislation in Younger v, Harris 401 U.S. 37, 91 S.Ct. 746 (1971), where it was held: Where a statute does not directly abridge free speech, but-- while regulating a subject within the (municipality's) power-- tends to have an incidental effect of inhibiting First Amendment rights, it is well settled that the statute can be upheld if the effect on speech is minor in relation to the need for control of the conduct, and the lack of alternative means for doing so. AU& 2 8 1979 Mayor and City Council` Alternatives August 21, 1979 1. Direct the CityAttorney to prepare a proposed Amendment to Santa Monica Municipal Code Section 4241, similar to the sample Amendment included with this report as Addendum "A", 2. Take no action. Recommendation Approve Alternative "1", directing the City Attorney to prepare an amendment similar or identical to Addendum "A". Prepared by: James F, Keane, Chief of Police JFK:MR:cs ADDENDUM "A" SECTION 4241. Parades (a) Definitions. For purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows: (1) "Parade" shall include any march, demonstration, pro- cession, picket line, rally, gathering, motorcade or promenade. having a common. purpose,. design, destination or goal, upon any public place, and. which, due to the organizors' projected participation of fifteen (15) or more persons, or the organizors' request that the pro- cession, regardless of the number of participants, be exempted from existing vehicular or pedestrian traffic regulations, is likely to impede or interfere with the regular flow of vehicular or pedestrian traffic. (2) "Assembly" shall inllude any march, demonstration, procession, picket line, rally, gathering, motorcade, or promenade which, due to either the organizors' pro- jected participation of less than fifteen (15) persons, or indications that such assembly will not otherwise impede or interfere with the regular flow of vehicular or pedestrian traffic, will not require theissuance of a permit. (b) Permits. No person, group, charitable organization, association or political organization shall hold, manage, conduct, carry on, participate in, or sponsor, any parade as defined in subsection (a)(1) of this Section, without first having applied for and obtained a permit from the Chief of Police with the approval of the City Manager. A copy of this Section shall be provided to the applicant with a copy of the parade permit, and all those persons who have organized or shall-participate or manage said paradeshall be expected to comply with the provisions herein. Ocean Avenue, between the northwest City limits andCOlorado Avenue, shall be the City's official parade route, and the Chief of Police shall issue a permit for a parade on any other street within the City only after the route for such parade is authorized by resolution of the City Council. (c) Prohibitions. The. following prohibitions shall apply to all parades, assemblies, or other events, whether or not exempt from the permit provisions of this Section. (1) It shall be unlawful for any person to engage in any parade or assembly which would constitute a substantial hazard to public safety or which would materially interfere with or endanger the public peace or rights of residents to the quiet, peaceful and unmolested enjoyment of their property.