Sections
229-16A and 229-17 of the Village Code of the Village of Spring Valley are hereby repealed in their entirety and replaced with the following.
As used in this chapter, the following terms
shall have the meanings indicated:
BOARD OF TRUSTEES
The Board of Trustees of the Incorporated Village of Spring
Valley.
CHIEF OF POLICE
The Chief of Police of the Incorporated Village of Spring
Valley.
MAYOR
The Mayor of the Incorporated Village of Spring Valley.
PARADE
Any march, demonstration, procession or motorcade consisting
of persons, animals or vehicles, or a combination thereof, upon the
streets or public thoroughfares within the Village of Spring Valley
with an intent of attracting public attention that interferes with
the normal flow or regulation of traffic upon the streets or public
thoroughfares within the Village of Spring Valley.
PERSON
Any person, firm, partnership, association, corporation,
company or organization of any kind.
PUBLIC ASSEMBLY
Any meeting, demonstration, picket line, rally or gathering
of more than five persons for a common purpose as a result of prior
planning that interferes with the normal flow or regulation of pedestrian
or vehicular traffic.
SIDEWALK
Any area or way set aside or open to the general public for
purposes of pedestrian traffic adjacent to a street or public thoroughfare
which is the proposed parade route, whether or not it is paved.
STREET
Any place or way set aside or open to the general public
for purposes of vehicular traffic, including any berm or shoulder
parkway, right-of-way or median strip thereof.
VILLAGE
The Incorporated Village of Spring Valley.
No person shall engage in or conduct any parade
or public assembly unless a permit is issued by the Board of Trustees.
In the event there is no meeting of the Board of Trustees scheduled
at which the issuance of said permit may be approved, the Mayor is
authorized to issue said permit in conformance with the standards
set forth in this chapter.
The provisions of this chapter shall not apply
to:
B. Students going to and from school classes or participating
in educational activities, provided that such conduct is under the
immediate direction and supervision of the proper school authorities.
C. A governmental agency acting within the scope of its
functions.
D. Spontaneous events occasioned by news or affairs coming into public knowledge within three days of such public assembly, provided that the organizer thereof gives written notice to the Mayor and the Police Chief for the Incorporated Village of Spring Valley at least 24 hours prior to such parade or public assembly. The Mayor may waive the notice requirement hereof based on the factors reflected in §
171-7 of this chapter.
The Board of Trustees shall uniformly consider
each application upon its merits in a content neutral manner and shall
not discriminate in granting or denying permits under this chapter
based upon political, religious, ethnic, race, disability, sexual
orientation or gender-related grounds.
With the exception of a spontaneous event or
an event where the filing time requirements have been waived by the
Mayor, the Board of Trustees shall act promptly upon a timely filed
application for a parade or public assembly permit. If the permit
application is received by the Village Clerk 30 or more days prior
to the planned event, the Board of Trustees shall deny or grant the
permit no later than 14 days after the permit application has been
received. If the permit application is received by the Board of Trustees
less than 30 days before the date of the planned event, the Mayor
shall then deny or grant the permit in no less than 48 hours. If the
Board of Trustee or the Mayor disapproves the application, the applicant
shall be notified, either by personal delivery or certified mail at
least 48 hours prior to the event, if practicable, of the disapproval
and state the reasons for denial.
Immediately upon the issuance of a parade or
public assembly permit, the Village Clerk shall send a copy thereof
to the following:
C. The Village Police Chief.
E. The Director of the Department of Public Works.
Each parade or public assembly permit shall
state the following information:
A. Starting and approximate ending time.
B. Minimum speed of parade units.
C. Maximum speed of parade units.
D. Maximum interval of space to be maintained between
parade units.
E. The portions of the streets that may be occupied by
the parade or public assembly.
F. The maximum length of the parade in miles or fractions
thereof.
The following prohibitions shall apply to all
parades and public assemblies:
A. It shall be unlawful for any person to stage, present
or conduct any parade or public assembly without first having obtained
a permit as herein provided.
B. It shall be unlawful for any person to participate
in a parade or public assembly for which the person knows a permit
has not been granted.
C. It shall be unlawful for any person in charge of,
or responsible for the conduct of, a duly licensed parade or public
assembly to knowingly fail to comply with any condition of the permit.
D. It shall be unlawful for any person participating
in any parade or public assembly to carry or possess any length of
metal, lumber, wood or similar material for purposes of displaying
a sign, poster, plaque or notice, unless such object is 1/4 inches
or less in thickness and two inches or less in width or, if not generally
rectangular in shape, such object shall not exceed 3/4 inches in its
thickest dimension.
E. It shall be unlawful for any person to carry any sign, poster, plaque or notice, whether or not mounted on a length of material as specified in Subsection
D of this section, unless such sign, poster, plaque or notice is constructed or made of a cloth, paper or cardboard material.
F. It shall be unlawful for any person participating
in a parade or public assembly to utilize sound amplification equipment
at decibel levels that exceed those limits imposed by the Village
Code.
G. It shall be unlawful for any person to ride, drive,
or cause to be ridden or driven, any animal or any animal-drawn vehicle
upon any public street, unless specifically authorized by the permit.
The Mayor or the Chief of Police shall have
the authority to revoke a parade or public assembly permit instantly
upon violation of the conditions or standards for issuance as set
forth in this chapter or when a public emergency arises where the
police resources required for that emergency are so great that deployment
of police services for parade or public assembly would have an immediate
and adverse effect upon the welfare and safety of persons or property.
Any person violating the provision of any section
of this chapter shall, upon conviction, be punished by fine not to
exceed $1,000 or imprisonment of not more than 15 days, or both.
This chapter is in addition to any other law,
ordinance or regulation affecting the subject matter herein and is
not in limitation thereof.