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.