[1]
Editor's Note: For state law as to authority
of the Town to permit the temporary use of streets for other than
public purposes, see §§ 15.2-2013 and 15.2-2028, Code
of Virginia.
For the purposes of this article, the following
words shall have the meaning respectively ascribed to them by this
section:
A group of three or more persons assembled together and acting
in concert to then and there call attention of the public to their
opposition to, support of or position with respect to any political,
social or other controversial subject, but nothing in this article
shall be construed to apply to persons lawfully engaged in picketing
in an orderly manner.
Any parade, march or other procession of six or more persons
for the purpose of calling attention of the public thereto.
The Town Council finds that it is necessary
for the good government and the peace, safety, health and welfare
of the Town and the inhabitants thereof, as well as to maintain law
and order and to provide for the free and orderly flow of vehicular
and pedestrian traffic on the streets and sidewalks and in the public
places in the Town, to prohibit parades and demonstrations within
the Town unless a Town permit to use the streets, sidewalks and public
places for such purposes has first been granted.
It shall be unlawful for any person to sponsor,
organize, direct, lead or participate in any parade or demonstration
upon any street or sidewalk or upon or in any public place within
the Town unless a Town 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.
Any person desiring to sponsor, organize, direct
or lead a parade or demonstration upon any street or sidewalk or upon
or in any public place within the Town shall file an application for
a parade or demonstration permit with the Town Clerk, 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.
The names and addresses of the actual sponsors of
such parade or demonstration and the organization or organizations,
if any, of which the expected participants are members.
F.
The name and address of the person who shall be in
charge of such parade or demonstration and who shall be responsible
for the conduct thereof and for compliance with all applicable provisions
of law, this chapter and other ordinances by participants in such
parade or demonstration.
G.
Such other information as the Town Council may require.
Each application for a parade or demonstration
permit shall be signed and sworn to by at least one person, who shall
be the person named in the application as the one who shall be in
charge of such parade or demonstration and who shall be responsible
for the conduct thereof and for compliance with all applicable provisions
of law, this chapter and other ordinances by participants in such
parade or demonstration.
Upon the filing of a completed and properly
signed and sworn application for a parade or demonstration permit
the Town Clerk shall transmit copies thereof promptly to all members
of the Town Council. The Town Council, at its next meeting, shall
consider such application and take action thereon. If the Town Council
considers that such parade or demonstration would not be detrimental
to the good government or the peace, safety, health or welfare of
the Town or the inhabitants thereof and would not constitute a threat
to the maintenance of law and order or cause unacceptable traffic
conditions within the Town, the permit applied for shall be granted.
If, however, the Town Council, in the exercise of sound discretion
and in view of circumstances then existing, considers that the holding
of such parade or demonstration would be detrimental to the good government
or the peace, safety, health or welfare of the Town or the inhabitants
thereof or would constitute a threat to the maintenance of law and
order or would cause unacceptable traffic within the Town, the permit
shall be denied.
A.
In granting a permit pursuant to this article the
Town Council may include therein such prohibitions, conditions, restrictions
and limitations as it may consider appropriate, under the general
police powers of the Town, to safeguard the good government and the
peace, safety, health and welfare of the Town and the inhabitants
thereof, as well as to maintain law and order and acceptable traffic
conditions within the Town, 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.
Prior to the granting of a permit pursuant to
this article, and as a condition precedent for the granting of such
permit, the Town Council may require that the person named in the
application as the one to be responsible for the conduct of the parade
or demonstration shall give bond to the Town, in such amount and with
such surety as the Town Council may consider necessary, conditioned
upon the full satisfaction of all judgments and decrees which may
result by reason of any negligent or unlawful act or omission of any
person participating in such parade or demonstration and included
within the permit, with the further condition that he will save the
Town harmless from all claims and demands whatever which may arise
by reason of such parade or demonstration, and with the further condition
that he will pay the Town for all extra expenses incurred for clearing
the streets, sidewalks and public places of litter and waste matter
resulting from such parade or demonstration and for the cleaning and
repair of public property which may be soiled or damaged by acts of
vandalism during the period of organizing and holding the parade or
demonstration and within six hours thereafter when such acts of vandalism
are reasonably attributable to the holding of such parade or demonstration.
A.
No person parading or demonstrating pursuant to a
permit issued under the provisions of this article shall carry any
dangerous weapon, provided that the Town Council may, in the exercise
of sound discretion, include in such permit such variations from this
subsection as it 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 Town
Council 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,
or which reasonably appear to present an imminent threat to becoming,
a riot or unlawful assembly shall be dispersed forthwith by the Town
police or by any law enforcement officer who may be present, and persons
who are commanded to disperse by any law enforcement officer 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.
[1]
Editor's Note: For state law as to riots and
unlawful assemblies, see §§ 18.2-404 to 18.2-414, Code
of Virginia.
No person shall hinder, molest, insult or harass
any parader or demonstrator lawfully parading or demonstrating pursuant
to a permit issued under the provisions of this article.
