[Amended 10-26-1992 by Ord. No. 567; 5-8-1995 by Ord. No.
597; 7-28-2003 by Ord. No. 704]
The legislative body finds that it is necessary
for the good government and the peace, health and welfare of the City
and the inhabitants thereof, as well as to maintain law and order,
to prohibit parades and demonstrations of more than 25 persons within
the City unless a City permit to use the City streets, sidewalks and
public places for such purposes has first been granted.
It shall be unlawful for any person to organize,
direct, lead or participate in any parade or demonstration upon any
street or sidewalk or upon or in any public place within the City
of more than 25 persons unless a City permit has been granted to hold
such parade or demonstration, provided that this article shall not
apply to parades, processions or convoys of any component of the Armed
Forces of the United States or this state or to any governmental organization
or to any funeral procession.
[Amended 11-24-2008 by Ord. No. 791]
Any person desiring to promote, organize, direct or lead a parade
or demonstration upon any street or sidewalk or upon or in any public
place of more than 25 persons within the City shall file an application
for a parade or demonstration permit with the City Clerk and pay a
fee as provided in the General Fee Ordinance.[1] An application for a parade permit shall be filed at least
14 days and an application for a demonstration permit shall be filed
at least two days prior to the date or period for which the permit
is sought with a provision that an application for a demonstration
permit for exigent circumstances will be filed and acted upon within
24 hours, and in such application shall be set forth:
A.
The date
and hour for the assembling of the participants in such parade or
demonstration and the expected duration thereof.
B.
The streets,
sidewalks and public places over and upon which the parade or demonstration
is to take place.
C.
Whether
the parade or demonstration is to be conducted on foot or with animals
or vehicles, or any combination thereof, and the number of persons,
vehicles and animals expected to participate.
D.
The purpose
of the parade or demonstration.
E.
[2]The name and address of the person who shall be in charge
of such parade or demonstration.
[2]
Editor’s Note: Former Subsection E, which required that
the names and addresses of the sponsors and the organization or organizations
of which participants are members be included on the application,
was repealed 7-13-2009 by Ord. No. 805. This ordinance also redesignated
former Subsection F as Subsection E and repealed former Subsection
G, which provided for the inclusion on the application of such other
information as the City Clerk may deem reasonably necessary.
[Amended 1-23-2006 by Ord. No. 741]
A.
Upon the filing of an application for a permit, the
City Clerk shall promptly transmit copies to the Chief of Police,
the Director of Recreation and Parks, the Director of Public Works
and the Director of Planning. The City Clerk will review and act upon
applications in a content and viewpoint neutral manner. The City Clerk
may not deny an application based upon political, social or religious
grounds or based upon the content of the speech or views to be expressed.
[Amended 12-6-2007 by Ord. No. 773]
B.
The City Clerk may deny an application on any of the
following grounds:
(1)
The application is not fully completed and executed;
(2)
The application contains a material falsehood or misrepresentation;
(3)
A fully executed prior application for a permit for
the same time and place has been received, and a permit has been or
will be granted to a prior applicant authorizing a parade or demonstration
which does not reasonably permit multiple occupancy of the particular
public place, street, or sidewalk;
(4)
The use or activity intended by the applicant will
present an unreasonable danger to the health or safety of the applicant
or other users of the public place, street or sidewalk;
(5)
The use or activity intended by the applicant is prohibited
by any applicable federal, state, county or City law.
C.
Upon the issuance of a permit, the City Clerk shall
provide a copy to the Chief of Police, the Director of Recreation
and Parks, the Director of Public Works and the Director of the Department
of Planning.
[Amended 12-6-2007 by Ord. No. 773]
A.
In each permit the City Clerk shall specify (as applicable
or necessary):
(1)
The assembly area and time therefor;
(2)
The starting time;
(3)
The minimum and maximum speeds;
(4)
The route of the parade;
(5)
What portions of streets or sidewalks to be traversed
may be occupied by such parade or demonstration;
(6)
The maximum number of platoons or units and the maximum
and minimum intervals of space to be maintained between the units
of such a parade;
(7)
The maximum length of such parade in miles or fractions
thereof;
(8)
The disbanding area, and disbanding time;
(9)
The number of persons required to monitor the parade
or demonstration;
(10)
The number and type of vehicles, if any;
(11)
The material and maximum size of any sign, banner,
placard or carrying device therefor;
(12)
The materials used in the construction of floats
used in any parade shall be of fire-retardant materials and shall
be subject to such requirements concerning fire safety;
(13)
That the applicant advise all participants in
the parade or demonstration, either orally or by written notice, of
the terms and conditions of the permit, prior to the commencement
of such parade or demonstration;
(14)
That the amplification of sound permitted to
be emitted from sound trucks, or bull horns, be fixed, not variable,
and be in accordance with law;
(15)
That the parade continue to move at a fixed
rate of speed and that any willful delay or willful stopping of said
parade, except when reasonably required for the safe and orderly conduct
of the parade, shall constitute a violation of the permit; and
(16)
Such other requirements as are found by the
City Clerk to be reasonably necessary for the protection of persons
or property.
B.
All conditions of the permit shall be complied with
so far as reasonably practicable.
A.
In granting a permit pursuant to this article, the
City Clerk may include therein such prohibitions, conditions, restrictions
and limitations as the City Clerk may consider necessary, under the
general police powers of the City, to safeguard the good government
and the health and welfare of the City and its inhabitants and for
the preservation of law and order and acceptable traffic conditions
within the City, and it shall be unlawful for any person covered by
the permit to violate or fail to comply with any such prohibition,
condition, restriction or limitation.
B.
The provisions of this article shall be deemed to
be a part of each parade or demonstration permit, whether or not so
stated in the permit.
Upon a denial of an application made pursuant to § 109-10, an applicant may appeal from the determination of the City Clerk within 30 days to the Circuit Court for Carroll County. Such appeal shall be taken in accordance with § 7-201 et seq. of the Maryland Rules of Procedure. The City will cooperate with judicial review on an expedited basis.
A permit issued for a parade or demonstration is revocable by the City Clerk upon a ground for which an application would be subject to denial under § 109-11B. Any such revocation prior to the conduct of a parade or demonstration shall be in writing.
A.
No person parading or demonstrating pursuant to a
permit issued under the provisions of this article shall carry any
dangerous weapons, provided that the City Clerk may, in the exercise
of sound discretion, include in such permit such variations from this
subsection as the City Clerk may consider appropriate for members
of color guards, drill teams, lodges and other persons by whom the
display of weapons upon the occasion of such parade or demonstration
would not arouse anxiety on the part of spectators or constitute a
threat to the maintenance of law and order and the preservation of
the public peace.
B.
No person parading or demonstrating pursuant to a
permit issued under the provisions of this article shall cause or
suffer to be caused any vicious or apparently vicious animal to participate
in or accompany such parade or demonstration, provided that the City
Clerk may, in the exercise of sound discretion, include in such permit
such variations from this subsection as it may consider appropriate
for circus parades and similar events.
Parades and demonstrations held pursuant to
a permit issued under the provisions of this article which become
a riot, rout or unlawful assembly shall be dispersed forthwith by
the City police, and paraders and demonstrators who are commanded
by any police officer to disperse shall promptly obey such command
and peacefully disengage themselves from such parade or demonstration
and leave the scene thereof, and persons who fail to obey such command
shall be subject to immediate arrest.
