[R.O. 2009 §10.40.010; Ord. No. 4295 §1, 1981]
For purposes of this Chapter, the words set out in this Section
shall have the following meanings:
An organized procession containing seven (7) or more vehicles,
except funeral processions, upon any public street, sidewalk or alley.
Any march or procession consisting of people, animals or
vehicles or combination thereof, except funeral processions, upon
any public street, sidewalk or alley, which does not comply with normal
and usual traffic regulations or control.
[R.O. 2009 10.40.020; Ord. No. 4295 §2, 1981]
It is unlawful for any person to conduct a parade or motorcade
in or upon any public street, sidewalk or alley in the City or knowingly
participate in any such parade or motorcade unless and until a permit
to conduct such parade or motorcade has been obtained from the Director
of the Department of Public Safety or as provided in this Chapter
from the City Council.
[R.O. 2009 §10.40.030; Ord. No. 4295 §3, 1981]
No permit shall be issued authorizing the conduct of a parade
or motorcade which the Director of Public Safety finds is proposed
to be held for the sole purpose of advertising any product, goods,
wares, merchandise or event and is designed to be held purely for
private profit.
[R.O. 2009 §10.40.040; Ord. No. 4295 §5, 1981]
A.
Any person
who wants to conduct a parade or motorcade shall apply to the Director
of Public Safety for a permit at least forty (40) days in advance
of the date of the proposed parade or motorcade. The Director of Public
Safety may in his/her discretion consider any application for permit
to conduct a parade or motorcade which is filed less than forty (40)
days prior to the date such parade or motorcade is to be conducted.
The application for such permit shall be made in writing on a form
approved by the Director of Public Safety. In order that adequate
arrangements may be made for the proper policing of the parade or
motorcade, the application shall contain the following information:
1.
The
name of the applicant, the sponsoring organization, the parade or
motorcade Chairman and the address and telephone numbers of each.
2.
The
purpose of the parade or motorcade, the date when it is proposed to
be conducted, the location of the assembly area, the location of the
disbanding area, route to be traveled and the approximate time when
the parade or motorcade will assemble, start and terminate.
3.
A description
of the individual floats, marching units, vehicles, bands and including
a description of any sound amplification equipment to be used.
4.
Such
other information as the Director of Public Safety may deem reasonably
necessary.
[R.O. 2009 §10.40.050; Ord. No. 4295 §6, 1981]
A.
Standards For Issuance. The Director of Public Safety shall
issue a parade or motorcade permit conditioned upon the applicant's
written agreement to comply with the terms of such permit unless the
Director of Public Safety finds that:
1.
The
time, route and size of the parade or motorcade will disrupt to an
unreasonable extent the movement of other traffic;
2.
The
parade or motorcade is of a size or nature that requires a diversion
of so great a number of Public Safety Officers of the City to properly
police the line of movement and the areas contiguous thereto that
allowing the parade or motorcade would deny reasonable Public Safety
protection to the City; and
3.
Such
parade or motorcade will interfere with another parade or motorcade
for which a permit has been issued.
B.
Standards For Denial. The Director of Public Safety shall
deny an application for a parade or motorcade permit and notify the
applicant of such denial if:
1.
The
Director of Public Safety makes any finding contrary to the findings
required to be made for the issuance of a permit;
2.
The
information contained in the application is found to be false or non-existent
in any material detail; and
3.
The
applicant refuses to agree to abide or comply with all conditions
of the permit.
[R.O. 2009 §10.40.060; Ord. No. 4295 §7, 1981]
A.
In each
permit, the Director of Public Safety shall specify:
1.
The
assembly area and time therefor;
2.
The
starting time;
3.
The
minimum and maximum speeds;
4.
The
route of the parade or motorcade;
5.
What
portions of streets to be traversed may be occupied by such parade
or motorcade;
6.
The
maximum number of platoons or units and the maximum and minimum intervals
of space to be maintained between the units of such parade or motorcade;
7.
The
maximum length of such parade or motorcade in miles or fractions thereof;
8.
The
disbanding area and the disbanding time;
9.
The
number of persons required to monitor the parade or motorcade;
10.
The
number and type of vehicles, if any;
11.
The
material and maximum size of any sign, banner, plaque 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 as may be determined by the principal officer
of the Fire Division of the Department of Public Safety;
13.
The
permittee advise all participants in the parade or motorcade either
orally or by written notice of the terms and conditions of the permit
prior to the commencement of such parade or motorcade;
14.
The
amplification of sound permitted to be emitted from sound trucks or
bull horns be fixed and not variable;
15.
The
parade or motorcade continue to move at a fixed rate of speed and
that any wilful delay or wilful stopping of the parade or motorcade,
except when reasonably required for the safe and orderly conduct of
the parade or motorcade, shall constitute a violation of the permit;
and
16.
Such
other requirements as are found by the Director of the Department
of Public Safety to be reasonably necessary for the protection of
persons or property. All conditions of the permit are to be complied
with so far as reasonably practicable.
[R.O. 2009 §10.40.070; Ord. No. 4295 §8, 1981]
A.
Upon a denial by the Director of Public Safety of an application made pursuant to Section 367.040, the applicant may appeal from the determination of the Director of Public Safety within five (5) days thereafter to the City Council by filing a written notice of appeal for hearing by the City Council at its next meeting. Upon such appeal, the City Council may reverse, affirm or modify in any regard the determination of the Director of Public Safety.
B.
In the event an application is not filed within the required time as specified in Section 367.040, the applicant may request a waiver of such requirement by the City Council at its next regular meeting, or at a special meeting which may be called prior thereto by the City Council, to consider such matter and the City Council, if it finds unusual circumstances and in the exercise of its sound discretion, may waive such requirement.
[R.O. 2009 §10.40.080; Ord. No. 4295 §9, 1981]
[R.O. 2009 §10.40.090; Ord. No. 4295 §10, 1981]
Any permit for a parade or motorcade issued pursuant to this
Chapter may be summarily revoked by the Director of Public Safety
or his/her designee at any time, when by reason of disaster, public
calamity, riot or other emergency, the Director of Public Safety or
his/her designee determines that the safety of the public or property
requires such revocation. Notice of such action revoking a permit
shall be delivered in writing to the permittee by personal service
or by certified mail.
[R.O. 2009 §10.40.100; Ord. No. 4295 §4, 1981]
No person shall knowingly join or participate in any parade
or motorcade conducted under permit from the Director of Public Safety
in violation of any other terms of the permit, nor knowingly join
or participate in any permitted parade or motorcade without the consent
of and over the objection of the permittee, nor in any manner interfere
with its progress or orderly conduct.
