HomeMy WebLinkAboutOrdinance - 2414 - Amend Title 11
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ORDINANCE NO. 2414
AN ORDINANCE OF THE CITY OF REDDING AMENDING TITLE II
(VEHICLES AND TRAFFIC), BY ADDING CHAPTER ll.48 (FUNERAL
ESCORT SERVICES)
WHEREAS, the Patriot Guard Riders are a group of motorcycle riders who are often requested
by families of deceased veterans to provide funeral escorts services; and
WHEREAS, in conducting funeral escort services, it is necessary at times to block
intersections to allow the funeral procession to stay together; and
WHEREAS, several months ago, three members from the Patriot Guard Riders met with a
representative from Redding Police Department to discuss codification of a process into the
Municipal Code to formalize the lawful permitting of funeral escort services; and
WHEREAS, the Redding Police Department has considered the request of the Patriot Guard
Riders and has reviewed other city municipal codes which contain permitting processes for funeral
escort services; and
WHEREAS, the Redding Police Department believes the public heath and safety would be
served by incorporating a permit process into the Redding Municipal Code to allow private groups
such as the Patriot Guard Riders and other funeral escorts to provide such services in a regulated
manner.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF REDDING AS FOLLOWS:
Section 1. Title 11 (Vehicle and Traffic) is amended by adding Chapter 11.48 (Funeral
Escort Services) as follows:
Chapter ll.48. FUNERAL ESCORT SERVICES.
ll.48.010 Purpose.
It is the purpose of this chapter to use the power conferred to local agencies by Section
21100(e) of the California Vehicle Code to authorize the appointment of persons other than traffic
officers to direct traffic in such prescribed situations and locations as may require traffic direction
for orderly traffic flow.
ll.48.020 Defmitions:
For purposes ofthis chapter, the following definitions shall apply:
(a) "Funeral escort" shall mean a uniformed person or persons directing the movement of a
group of vehicles engaged in a funeral procession.
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(b) "Funeral procession" shall mean a group of two or more vehicles traveling in line
from a funeral service, whether that funeral service is held at a place of worship or another location,
to a transportation facility, cemetery or crematory.
11.48.030 Permit required.
No person shall stop traffic at intersections or otherwise violate this code while leading or
escorting a vehicular funeral procession without first obtaining a permit pursuant to this chapter.
11.48.040 Authorized traffic direction.
(a) Any person issued a valid funeral escort permit pursuant to this chapter and leading or
otherwise escorting a vehicular funeral procession shall obey all traffic laws, including all speed
laws, except that such person is authorized to stop cross-traffic to enable all vehicles in the funeral
procession to proceed together as an unbroken chain through intersections controlled by:
(l) Stop signs, providing that the permittee physically remains in the intersection until all
funeral procession vehicles have cleared the intersection; or
(2) Signal lights, providing that the lead vehicle in the procession enters the intersection with
a green light and the permittee physically remains in the intersection at all times when
the light is not green.
(b) A permittee is authorized to direct traffic in the manner specified in this section only while
wearing an official insignia issued by the Chief of Police and while carrying a valid permit issued
to himlher as an individual pursuant to the provisions of this chapter.
(c) The Chief of Police may order the immediate suspension or revocation of a funeral escort
permit if the permittee has not directed traffic in the manner specified in this section.
11.48.050 Permit procedure.
Applications for a funeral escort permit shall be filed with the Chief of Police or hislher
designee and shall contain the following information:
(a) Name and address of each member or the organization that will be escorting as well as
the applicant's funeral escort service employer ifthe applicant is employed by such service;
(b) Proof of liability insurance in compliance with the requirements for the insurance
determined from time to time by the City Council by resolution;
(c) Proof of satisfactory completion of a traffic safety program of instruction, as described
in RMC 11.48.110;
(d) Proof that the applicant holds a valid California vehicle operator's license, properly
endorsed for the type of vehicle the applicant intends to use while directing vehicular funeral
processIOns;
(e) Permit and insignia fees, as established by the City's Fee schedule;
(I) Such other information as may be required by the Chief of Police or hislher designee;
and
(g) A copy of the current City of Redding Business License issued to the funeral escort
service provider.
11.48.060 Denial of permit.
Permits authorized by this chapter may be denied by the Chief of Police or hislher designee
upon submission of the original or renewal application upon the following grounds:
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(a) The application is incomplete;
(b) Applicant has been convicted of a felony, crime, or an order granting probation is made,
suspending the imposition of sentence (irrespective of the entry of a subsequent order under Penal
Code Section 1203.4); provided, however, that the permit maybe denied upon this ground only if
the crime is substantially related to the qualifications, functions or duties associated with leading or
otherwise escorting a vehicular funeral procession;
(c) The applicant's unlawful or negligent direction of traffic while escorting a vehicular
funeral procession or other motor vehicle procession;
(d) Failure to maintain a current City of Redding Business License; or
(e) Failure to maintain responsible driving record.
11.48.070 Permit issuance - Nontransferability.
(a) Funeral escort permits shall be issued by the Redding Police Department and shall expire
on the anniversary date of issuance in the calendar year following the date of issuance, unless sooner
revoked. Permits shall not be transferable.
(b) Applicant must submit funeral procession route three (3) days prior to event to be
approved by Police Chief or hislher designee.
11.48.080 Indemnify and hold harmless.
The funeral escort permittee, or hislher funeral escort service employer, shall assume all
responsibility for hislher activity and operation. The funeral escort permittee, or hislher funeral
escort service employer, shall protect, defend, indemnify and hold harmless the City, its City
Council, officers, employees, agents, and successors from and against all claims, injury, liability,
loss, damage (including punitive damages), cost, and expense (including all costs and reasonable
attorneys' fees in providing the defense to any claim or cause of action), however same may be
caused or claimed to be caused, that arise directly or indirectly from hislher activity in providing
escort service to a vehicular funeral procession.
11.48.090 Liability insurance.
During the term of a permit issued pursuant to this chapter, the permittee, or hislher funeral
escort service employer, shall maintain in full force and effect, at the permittee's or hislher
employer's own cost, a comprehensive auto and general liability insurance policy with the following
characteristics.
(a) In an amount to be set, from time to time, by resolution adopted by the City Council with
restrictions on self-insured limits;
(b) Issued by an admitted insurer or insurers as defined by the California Insurance Code;
( c) Providing that the City, its City Council, its officers, employees, agents, and successors
are to be "named insured" under the policy;
(d) Covering all losses and damages as specified in RMC 11.48.080;
(e) Stipulating that the policy will operate as primary insurance and that no other insurance
effected by the City or other named insured will be called on to contribute to a loss covered
thereunder; and
(f) Providing that no cancellation, change in coverage, or expiration by the insurance
company or the insured shall occur during the term ofthe funeral escort service permit without thirty
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(30) calendar days' written notice to the City prior to the effective date of such cancellation or change
In coverage.
In the event of the failure of any permittee or his/her funeral escort service employer to
maintain in effect such insurance policy, the funeral escort permit shall be considered to be
suspended as a matter oflaw from the date of cancellation or a lapse of the required insurance. The
Chief of Police may reinstate the permit when the suspended permittee provides the City of Redding
with proof of insurance as required by this section.
11.48.100 Procedure for permit denial and revocation.
The Chief of Police or his/her designee may refuse to issue or renew, or may revoke, a
funeral escort service permit only after a hearing granted upon at least three (3) calendar days' written
notice given to the permittee. Such notice shall specify the specific grounds for the proposed action.
At the hearing, to be held before the City Manager or his/her designee, the permittee shall be given
the opportunity to present witnesses and documentary evidence, to be represented by counsel, and
to examine all witnesses presented. Issuance of a written notice of cancellation by an insurance
company shall be conclusive proof at the hearing of the effective cancellation of an insurance policy.
A decision of the City Manager or his/her designee revoking or upon denying the permit shall be
effective upon the effective date of the cancellation of said insurance or upon the date when the
written decision is signed by the City Manager or his/her designee, whichever is earlier.
11.48.110 Traffic safety instruction program.
Each applicant shall submit to the Chief of Police evidence of the curriculum, including
instructional materials and skills taught and practiced, of an instructional program of traffic safety.
The Chief of Police shall review and approve each submitted instructional program as outlined in
RMC 11.48.040.
11.48.120 Official insignia.
The Chief of Police shall approve an official insignia, uniform and any equipment, which
must be worn by all permittees while directing traffic in the manner specified in RMC 11.48.040.
The Chief of Police shall also approve vehicular equipment regulations including a color and/or
insignia scheme. The uniform color shall be dissimilar to those worn by sworn City of Redding
Police Officers.
11.48.130 Permissible guidelines.
The Chief of Police may prepare and issue written regulations for distribution to applicants
and permittees regarding the implementation of the provisions of this Chapter, including but not
limited to, the safe and lawful conduct of funeral escort services, and the maintenance of insignia,
uniforms, motor vehicles and equipment used in escorting funeral processions. Such regulations
shall be binding upon applicants and permittees. Permittees shall comply with these written
regulations as a term and condition ofthe permit.
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Section 2. This ordinance shall take effect thirty (30) days after the date of its adoption,
and the City Clerk shall certifY to the adoption thereof and cause its publication according to law.
I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City Council
at a regular meeting on thel7th day of June, 2008; and was duly read and adopted at a regular
meeting on the 1 st day of July, 2008, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Bosetti, Dickerson, Jones, Murray, and Stegall
None
None
None
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ATTEST:
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APPROVED AS TO FORM:
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CONNIE,STROHMA Y ~~i!y Clerk
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