[HISTORY: Adopted by the Common Council of
the City of Middletown 2-10-1997 (§ 66-1 of the 1971 Code). Amendments noted where
applicable.]
As used in this chapter, the following terms
shall have the meaning indicated:
An organized procession containing 25 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 controls.
It shall be unlawful for any person to conduct
a parade or motorcade in or upon any public street, sidewalk or alley
in the City of Middletown 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 Chief of Police or, as hereinafter provided,
from the Common Council.
No permit shall be issued authorizing the conduct
of a parade or motorcade which the Chief of Police 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.
No person shall knowingly join or participate
in any parade or motorcade conducted under permit from the Chief of
Police in violation of any of the terms of said permit, nor knowingly
join or participate in any permitted parade or motorcade without the
consent and over the objection of the permittee, nor in any manner
interfere with its progress or orderly conduct.
Any person who wants to conduct a parade or
motorcade shall apply to the Chief of Police for a permit at least
10 days in advance of the date of the proposed parade or motorcade.
The application for such permit shall be made in writing on a form
approved by the Chief of Police. In order that adequate arrangements
may be made for the proper policing of the parade or motorcade, the
application shall contain the following information:
A.
The name of the applicant, the sponsoring organization,
the parade or motorcade chairman and the addresses and telephone numbers
of each;
B.
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;
C.
A description of the individual floats, marching units,
vehicles, and bands, including a description of any sound-amplification
equipment to be used; and
D.
Such other information as the Chief of Police may
deem reasonably necessary.
A.
Standards for issuance. The Chief of Police shall
issue a parade or motorcade permit conditioned upon the applicant's
written agreement to comply with the terms of such permit unless the
Chief of Police 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 the diversion of a great number of police officers of the
City to properly police the line of movement and the areas contiguous
thereto so that allowing the parade or motorcade would deny reasonable
police protection to the City; or
(3)
Such parade or motorcade will interfere with another
parade or motorcade for which a permit has been issued.
B.
Standards for denial. The Chief of Police shall deny
an application for a parade or motorcade permit and notify the applicant
of such denial where:
(1)
The Chief of Police 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 nonexistent in any material detail; or
(3)
The applicant refuses to agree to abide by or comply
with all conditions of the permit.
In each permit the Chief of Police shall specify:
A.
The assembly area and time therefor;
B.
The starting time;
C.
The minimum and maximum speeds;
D.
The route of the parade or motorcade;
E.
What portions of the streets to be traversed may be
occupied by such parade or motorcade;
F.
The maximum length of such parade or motorcade in
miles or fractions thereof;
G.
The disbanding area and disbanding time;
H.
The number and type of vehicles, if any;
I.
That the materials used in the construction of floats
used in any parade shall be fire-retardant materials and shall be
subject to such requirements concerning fire safety as may be determined
by the Fire Chief;
J.
That 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;
K.
That the amplification of sound permitted to be emitted
from sound trucks or bull horns be fixed and not variable;
L.
That the parade or motorcade continue to move at a
fixed rate of speed and that any willful delay or willful stopping
of said 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
M.
Such other requirements as are found by the Chief
of Police to be reasonably necessary for the protection of persons
or property.
[Amended 10-20-2020]
A person who shall violate any provision of
this chapter shall be guilty, upon conviction, of an offense punishable
by a fine not less than $250 nor more than $1,000 or by imprisonment
for a period not exceeding 15 days, or by both such fine and imprisonment.
Upon denial by the Chief of Police of an application
made pursuant to this chapter, the applicant may appeal from the determination
of the Chief of Police within five days thereafter to the Common Council
by filing a written notice of appeal for hearing by the Common Council
at its next meeting. Upon such appeal the Common Council may reverse,
affirm or modify in any regard the determination of the Chief of Police.
In the event an appeal is not filed within the time required herein,
the applicant may request a waiver of such requirement by the Common
Council at its next regular meeting, and the Common Council, if it
finds unusual circumstances and in the exercise of its sound discretion,
may waive such requirement and hear the merits of the appeal.
Immediately upon the granting of a permit for
a parade or motorcade, the Chief of Police shall send a copy thereof
to the Mayor, the Fire Chief, and the Commissioner of Public Works.
Any permit for a parade or motorcade issued
pursuant to this chapter may be summarily revoked by the Chief of
Police at any time when, by reason of disaster, public calamity, riot
or other emergency, the Chief of Police 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.
