[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:
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.
A permit as required by this chapter.
Any person, firm, partnership, association, corporation, company
or organization of any kind.
The Village of Carthage.
A.
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.
B.
Exceptions. This chapter shall not apply to:
(1)
Funeral processions.
(2)
Wedding processions.
(3)
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.
(4)
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.
A.
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.
B.
Contents. The application for a parade permit shall set
forth the following information:
(1)
The name, address and telephone number of the person
seeking to conduct such parade.
(2)
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.
(3)
The name, address and telephone number of the person
who will be the parade chairman and who will be responsible for its conduct.
(4)
The date when the parade is to be conducted.
(5)
The hours when such parade is to be conducted.
(6)
The route to be traveled, the starting point and the
termination point.
(7)
A statement as to whether the parade will occupy all
or only a portion of the width of the streets proposed to be traveled.
(8)
The location by streets of any assembly areas for such
parade.
(9)
The approximate number of persons who and animals and
vehicles which will constitute such parade.
(10)
The time at which units of the parade will begin to assemble
at any such assembly area or areas.
(11)
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.
(12)
Any additional information pertinent to a fair determination
as to whether a parade permit should be issued as required by the Chief of
Police.
C.
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:
A.
The conduct of the parade will not substantially interrupt
the safe and orderly movement of other traffic contiguous to its route;
B.
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;
C.
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;
D.
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;
E.
The conduct of such parade will not interfere with the
movement of fire-fighting equipment en route to a fire or other emergency;
F.
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;
G.
The parade is scheduled to move from its point of origin
to its point of termination expeditiously and without unreasonable delays;
H.
The parade is not designed to be held purely for private
profit; and
I.
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.
A.
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:
B.
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:
A.
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.
B.
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.
C.
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.
