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ARTICLE 4.5: FUNERAL PROCESSION ESCORTS
Sec. 385. Purpose.
Sec. 386. Unlawful to Direct Traffic Without Authorization.
Sec. 387. Permit Required; Application; Term.
Sec. 388. Indemnification and Insurance Requirements.
Sec. 389. Grounds for Denial of Permit.
Sec. 390. Appeals.
Sec. 391. Authorized Traffic Direction Activities.
Sec. 392. Diversion in Case of Emergency.
Sec. 393. Traffic Safety Instruction Program.
Sec. 394. Official Insignia and Uniform; Advisory Guidelines.
Sec. 395. Penalties for Violation.
Sec. 396. Severability.
SEC. 385. PURPOSE.
This Article is enacted pursuant to California Vehicle Code Section 21100(e), which authorizes local entities to permit the appointment of persons other than traffic officers to direct traffic under prescribed circumstances which require such traffic direction in order to ensure the orderly flow of traffic. Nothing in this Article shall be construed to preclude the San Francisco Police Department from escorting funeral processions.
(Added by Ord. 376-84, App. 8/13/84)
SEC. 386. UNLAWFUL TO DIRECT TRAFFIC WITHOUT AUTHORIZATION.
It shall be unlawful for any person other than an officer of the Police Department, a member of the Fire Department, or a person authorized by the provisions of this Article or other applicable laws to direct or attempt to direct traffic by voice, hand or other signal, except for the operation of any manually operated traffic control signal device erected by the Department of Public Works.
(Added by Ord. 376-84, App. 8/13/84)
SEC. 387. PERMIT REQUIRED; APPLICATION; TERM.
(a) No person other than an officer of the Police Department, a member of the Fire Department or a person authorized by other applicable laws shall direct or attempt to direct traffic without first obtaining a permit therefor from the Chief of Police, pursuant to this Article.
(b) Applications for funeral escort permits shall be made on a form provided by the Chief of Police, and shall include: (1) the name and business address of the applicant; (2) proof of indemnification and insurance as required by Section 388 of this Article; (3) proof of satisfactory completion of a traffic safety program of instruction, as set forth in Section 393 of this Article; (4) 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; (5) payment of the necessary application, permit insignia and uniform fees, as set forth in Sections 2.26 and 2.27 of the Police Code; and (6) such other information as the Chief of Police may require.
(c) Funeral escort licenses shall be issued by the Tax Collector and shall expire one year from the date of issuance unless the permit is revoked sooner. Permits shall be nontransferable.
(Added by Ord. 376-84, App. 8/13/84)
SEC. 388. INDEMNIFICATION AND INSURANCE REQUIREMENTS.
(a) The permittee shall sign an agreement to reimburse the City and County of San Francisco for any costs incurred by the City in repairing damage to City property which results from any of his or her actions under the permit, and to defend the City against and indemnify and hold the City harmless from any liability to any person which results from the actions of the permittee or his or her employees or agents. Execution of this agreement shall take place prior to issuance of a funeral escort permit.
(b) The permittee shall maintain throughout the term of any permit issued pursuant to this Article, insurance as follows:
(1) Workers' Compensation, with Employers' Liability limits not less than $1,000,000 each accident, but only if permittees have employees as defined by the California Labor Code;
(2) Comprehensive General Liability Insurance with limits not less than $1,000,000 each occurrence Combined Single Limit Bodily Injury and Property Damage, including Contractual Liability, Personal Injury, Broadform Property Damage, products and Complete Operations Coverages;
(3) Comprehensive Automobile Liability Insurance with limits not less than $1,000,000 each occurrence Combined Single Limit Bodily Injury and Property Damage, including owned, nonowned and hired auto coverages, as applicable.
Comprehensive General Liability and Comprehensive Automobile Liability Insurance policies shall be endorsed to provide the following:
(1) Name as ADDITIONAL INSUREDS the City and County of San Francisco, its officers, agents, employees, and member of commissions.
(2) That such policies are primary insurance to any other insurance available to the Additional Insureds, with respect to any claims arising out of activities conducted under the permit, and that insurance applies separately to each insured against whom claim is made or suit is brought.
ALL POLICIES SHALL BE ENDORSED TO PROVIDE:
Thirty days advance written notice to City of cancellation, nonrenewal or reduction in coverage, mailed to the following address: CHIEF, OF POLICE, Hall of Justice, 850 Bryant Street, San Francisco, CA 94103.
Certificates of insurance, satisfactory to City, evidencing all coverages above shall be furnished to the City prior to issuance and renewal of permit and before commencing any operations under this permit, with complete copies of policies upon City request.
(Added by Ord. 376-84, App. 8/13/84)
SEC. 389. GROUNDS FOR DENIAL OF PERMIT.
The Chief of Police shall approve an application for a funeral escort permit unless he or she determines, from a consideration of the application or such information as the Chief of Police may otherwise obtain, that: (a) the application is incomplete; or (b) the applicant has failed to comply with any of the other conditions set forth in this Article for issuance of a permit; or (c) the applicant has been convicted of a crime, and the time for appeal has elapsed, or an order granting probation has been made suspending the imposition of sentence (irrespective of the entry of a subsequent order under Penal Code Section 1203.4); provided, however, that a permit may be denied upon this ground only if the crime is substantially related to the qualifications, functions or duties associated with escorting a vehicular funeral procession.
Upon the denial of any application for a funeral escort permit, the Chief of Police shall promptly inform the applicant in writing of the reason(s) for the denial.
(Added by Ord. 376-84, App. 8/13/84)
SEC. 390. APPEALS.
The applicant may appeal the denial of an application for a funeral escort permit, the imposition of conditions on the issuance of a permit or the revocation of a permit to the Transportation and Traffic Committee of the Board of Supervisors by filing a notice of appeal in writing with the Clerk of the Board of Supervisors within five calendar days of the date of the notification of denial issued by the Chief of Police. The Transportation and Traffic Committee shall consider such appeal and may either concur in the action of the Chief of Police or overrule such action and order that the permit be approved or reinstated. If the Transportation and Traffic Committee orders that a permit be approved or reinstated it shall have the authority only to impose such conditions as are recommended by the Chief of Police. The decision of the Transportation and Traffic Committee shall be final.
(Added by Ord. 376-84, App. 8/13/84)
SEC. 391. AUTHORIZED TRAFFIC DIRECTION ACTIVITIES.
(a) Any person issued a valid funeral escort permit pursuant to this Article 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, other than any emergency vehicles, to enable all vehicles in the funeral procession to proceed together as an unbroken column, at intersections controlled by: (1) stop signs; provided that the permittee remains in the intersection until all vehicles in the funeral procession have cleared the intersection; and (2) traffic signal lights; provided that the first vehicle in the funeral procession enters the intersection on a green light and the permittee 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 carrying a valid permit issued to him or her as an individual pursuant to this Article.
(c) The Chief of Police may order the revocation of a funeral escort permit if the permittee has directed traffic in a manner contrary to that specified in this Section.
(Added by Ord. 376-84, App. 8/13/84)
SEC. 392. DIVERSION IN CASE OF EMERGENCY.
In case of fire, accident, or any emergency along the route of a vehicular funeral procession, any officer of the Police Department or member of the Fire Department is hereby authorized to divert the funeral procession around such fire, accident or other emergency, the provisions of Section 391 of this Article notwithstanding. The permittee shall immediately cease all efforts to direct traffic when directed to do so by such police officer or firefighter and shall not resume efforts to direct traffic along the route of the vehicular funeral procession until authorized to do so by such police officer or firefighter.
(Added by Ord. 376-84, App. 8/13/84)
SEC. 393. 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 a previously approved instructional program of traffic safety and of the applicant's successful completion of such program. The Chief of Police shall review and approve such instructional programs if he or she reasonably determines that the program will provide sufficient training for persons seeking permits under this Article to direct traffic in a safe and lawful manner.
(Added Ord. 376-83, App. 8/13/83)
SEC. 394. OFFICIAL INSIGNIA AND UNIFORM; ADVISORY GUIDELINES.
(a) The Chief of Police shall approve an official insignia and uniform, to be worn as he or she may specify, by all permittees while directing traffic pursuant to this Article. Said uniform shall be distinctive from those worn by the San Francisco Police Department and the California Highway Patrol.
(b) The Chief of Police shall prepare written guidelines which shall be distributed to all applicants for permits under this Article. Such guidelines shall be advisory in nature and shall recommend procedures to insure safe vehicular funeral processions.
(Added by Ord. 376-84, App. 8/13/84)
SEC. 395. PENALTIES FOR VIOLATION.
Any person violating the provisions of this Article shall be deemed guilty of an infraction, and upon conviction thereof shall be punished by a fine not to exceed $500.