[HISTORY: Adopted by the Board of Trustees of the Village of Carthage 6-20-1988 by L.L. No. 4-1988. Amendments noted where applicable.]
The Board of Trustees of the Village of Carthage has determined that the uncontrolled use of Village streets, sidewalks and rights-of-way for public assemblages presents a potential hazard to the health, safety and welfare of Village residents by prohibiting or impeding the orderly flow of pedestrian and vehicular traffic for emergency, business and personal matters. In order to protect the health, safety and welfare of the residents of the Village of Carthage, this chapter establishes a means of controlling and regulating certain public assemblages which might otherwise prohibit or impede the orderly flow of pedestrian and vehicular traffic within the Village.
This chapter shall be known and may be cited as the "Parade Permit Law of the Village of Carthage."
As used in this chapter, the following terms shall have the meanings indicated:
- CHIEF OF POLICE
- The Chief of Police of the Village of Carthage.
- Any parade, march, ceremony, show, exhibition, pageant or procession of any kind or any similar display in or upon any street, park or other public place in the Village.
- PARADE PERMIT
- A permit as required by this chapter.
- Any person, firm, partnership, association, corporation, company or organization of any kind.
- The Village of Carthage.
No person shall engage in, participate in, aid, form or start any parade unless a parade permit shall have been obtained from the Chief of Police.
Exceptions. This chapter shall not apply to:
Students going to and from school, classes or participating in educational activities, provided that such conduct is under the immediate direction and supervision of proper school authorities. This exception does not apply to parades organized by a school or anybody thereof more than 24 hours prior to its occurrence.
A governmental agency acting within the scope of its functions.
A person seeking issuance of a parade permit shall file an application with the Chief of Police on forms provided by such officer.
Filing period. An application for a parade permit shall be filed with the Chief of Police not less than 45 calendar days nor more than 60 calendar days before the date on which it is proposed to conduct the parade.
Contents. The application for a parade permit shall set forth the following information:
The name, address and telephone number of the person seeking to conduct such parade.
If the parade is proposed to be conducted for, on behalf of or by an organization, the name, address and telephone number of the headquarters of the organization and of the authorized and responsible heads of such organization.
The name, address and telephone number of the person who will be the parade chairman and who will be responsible for its conduct.
The date when the parade is to be conducted.
The hours when such parade is to be conducted.
The route to be traveled, the starting point and the termination point.
A statement as to whether the parade will occupy all or only a portion of the width of the streets proposed to be traveled.
The location by streets of any assembly areas for such parade.
The approximate number of persons who and animals and vehicles which will constitute such parade.
The time at which units of the parade will begin to assemble at any such assembly area or areas.
If the parade is designed to be held by, and on behalf of or for any person other than the applicant, the applicant for such permit shall file with the Chief of Police a communication, in writing from the person proposing to hold the parade, authorizing the applicant to apply for the parade permit on his behalf.
Any additional information pertinent to a fair determination as to whether a parade permit should be issued as required by the Chief of Police.
Late applications. The Chief of Police, where good cause is shown therefor, shall have the authority to consider any application hereunder which is filed less than 45 calendar days before the date such parade is proposed to be conducted.
The Chief of Police shall issue a parade permit as provided for hereunder when, from a consideration of the application and from such other information as may otherwise be obtained, he finds that:
The conduct of the parade will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route;
The conduct of the parade will not require the diversion of so great a number of police officers of the Village to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection to the Village;
The conduct of such parade will not require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of the Village other than that to be occupied by the proposed line of march and areas contiguous thereto;
The concentration of persons, animals and vehicles at assembly points of the parade will not unduly interfere with proper fire and police protection of, or ambulance services to areas contiguous to such assembly areas;
The conduct of such parade will not interfere with the movement of fire-fighting equipment en route to a fire or other emergency;
The conduct of the parade is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct or to create a disturbance;
The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays;
The parade is not designed to be held purely for private profit; and
The conduct of the parade will not conflict or interfere with other parades or demonstrations that have previously obtained parade permits.
The Chief of Police shall act upon the application for a parade permit within 14 calendar days after the filing thereof. If the Chief of Police disapproves the application, he shall mail to the applicant, within 14 calendar days after the day upon which the application was filed, a notice of his action stating the reasons for his denial of the parade permit.
Any person aggrieved shall have the right to appeal the denial of a parade permit to the Village Board of Trustees. The appeal shall be taken within seven calendar days after the notice. The Village Board shall act upon the appeal within 14 calendar days after its receipt.
The Chief of Police, in denying an application for a parade permit, shall be empowered to authorize the conduct of the parade on a date, at a time or over a route different from that named by the applicant. An applicant desiring to accept an alternate permit shall, within seven calendar days after notice of the action of the Chief of Police, file a written note of acceptance with the Chief of Police. An alternative parade permit shall conform to the requirements of and shall have the effect of a parade permit under this chapter.
Within five calendar days after receipt of an application for a parade permit, the Chief of Police shall send a copy of the information supplied under § 102-5 to the following Village officials for their review and comment:
Within five calendar days of receipt of the information forwarded by the Chief of Police under Subsection A of this section, the Village officials receiving such information shall provide the Chief of Police their written comments regarding same. Such written comments shall be considered by the Chief of Police in determining whether to issue a parade permit, deny a parade permit or offer an alternate parade permit to the extent such comments are relevant to the criteria for issuance listed in § 102-6. The failure of any Village official to return written comments to the Chief of Police within five calendar days shall be deemed to be acceptance of the information as presented and acquiescence to the granting of a parade permit.
Each parade permit shall state the following information:
Interference. No person shall unreasonably hamper, obstruct or impede or interfere with any parade or parade assembly or with any person, vehicle or animal participating or used in a parade.
Driving through parades. No driver of a vehicle shall drive between the vehicles or persons comprising a parade when such vehicles or persons are in motion and are conspicuously designated as a parade.
Parking on parade route. The Chief of Police shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a highway or part thereof constituting a part of a route of a parade. The Chief of Police shall post signs to such effect, and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof. No person shall be liable for parking on a street unposted in violation of this chapter.
The Chief of Police shall have the authority to revoke a parade permit issued hereunder upon application of the standards for issuance as herein set forth.
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not exceeding $500 or be imprisoned for a period not exceeding 30 days, or be both so fined and imprisoned. Each day such a violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
Any person applying for a permit shall pay a fee for such permit in an amount to be established from time to time by resolution of the Village Board of Trustees.