The Town recognizes that the highways of the
Town are primarily for the use of the traveling public in the ordinary
way. However, it further recognizes that there is a fundamental and
constitutional right to use the public streets for processions and
parades which do not substantially interfere with the public's right
to travel on such highways. This article is intended to regulate and
control parades and processions for the purpose of protecting the
general welfare and safety of the persons using the highways of the
Town.
The following words, terms and phrases, when
used in this article, shall have the meanings ascribed to them in
this section, except where the context clearly indicates a different
meaning:
As set forth in § 340.01(22), Wis. Stats., and
also includes areas owned by the Town which are used principally for
pedestrian or vehicular traffic.
Any parade, march or procession of any kind and the assembly
areas therefor.
[Amended 11-10-2016 by Res. No. 2016-05]
No person shall form, direct, marshal, lead
or participate in any parade on any highway under the jurisdiction
of the Town unless a permit has been obtained in advance, as provided
in this section; provided, however, that, upon notification to the
Town Administrator, a parade on sidewalks and footways, in which persons
move not more than two abreast, which does not substantially hinder
normal use of the sidewalk or footway, and conforms with traffic control
devices and other traffic regulations, may be conducted without a
permit.
A permit is not required for assembling or movement
of a funeral procession or for any parade sponsored by an agency of
the federal or state government, acting in its governmental capacity
within the scope of its authority. Federal and state authorities are
requested to coordinate preparations for and holding parades sponsored
by them under this section with the Town Chairperson.
[Amended 8-17-2010 by Ord. No. 2010-03; 11-10-2016 by Res. No. 2016-05]
A written application for a permit for any parade
on the highways under the jurisdiction of the Town shall be made in
triplicate by one of the organizers to the Town Administrator on a
form provided by such officer no less than 30 days prior to the parade.
Application made less than 30 days prior to the date of the proposed
parade must be made in person and requires the approval of the Town
Chairperson to proceed with the permit process.
The application shall set forth the following
information regarding the proposed parade:
A.
The name, address and telephone number of the applicant.
B.
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.
C.
The name, address and telephone number of the person
who will be responsible for conducting the parade.
D.
The date when the parade is to be conducted and its
duration.
E.
The assembly area, the starting point, the route to
be traveled and the termination point.
F.
The number and size of units comprising the parade.
G.
If the parade is to be conducted by or for any person
other than the applicant, the applicant for such permit shall file
with the Town Administrator a communication, in writing, from the
person proposing to hold the parade, authorizing the applicant to
apply for the permit on his behalf.
[Amended 11-10-2016 by Res. No. 2016-05]
H.
Any additional information which the Town Administrator
finds reasonably necessary to a fair determination as to whether a
permit should be issued.
[Amended 11-10-2016 by Res. No. 2016-05]
[Amended 8-17-2010 by Ord. No. 2010-03; 11-10-2016 by Res. No. 2016-05]
The Town Administrator shall submit a copy of
the application to the municipal agencies in charge of the highway,
emergency services and enforcement of traffic regulations thereon
for report and recommendation.
The application may be denied:
A.
If it is for a parade that is to be held on a workday
during the hours when and at places where, in addition to the proposed
parade, the flow of vehicular traffic is usually delayed by its own
volume.
B.
If it is for a parade that is to be held between the
hours of 5:00 p.m. and 8:00 a.m.
C.
If sufficient parade marshals are not provided as
to reasonably ensure the orderly conduct of the parade.
The application shall be denied:
A.
If it is made less than seven in advance of the time
the parade is scheduled to commence;
[Amended 8-17-2010 by Ord. No. 2010-03]
B.
If it is for a parade that is primarily for private
or commercial economic gain;
C.
If it is for a parade which would involve violation
of federal, state or local laws relating to use of highways or of
other applicable regulations of the municipality;
D.
If the granting of the permit would conflict with
another permit already granted or for which application is already
pending;
F.
If more than one assembly area or more than one dispersal
area is proposed; or
G.
For failure to receive the permit under § 84.07(4),
Wis. Stats.
[Amended 8-17-2010 by Ord. No. 2010-03; 11-10-2016 by Res. No. 2016-05]
The Town Administrator shall authorize the issuance
of a permit to the applicant, subject to the provisions of this article,
unless he/she concludes that:
A.
The policing of the parade will require so large a
number of persons and vehicles, including ambulances, as to prevent
adequate service of the needs of the rest of the municipality.
B.
The parade will so substantially hinder the movement
of police and fire and other emergency vehicles as to create a substantial
risk to persons and property.
C.
The conduct of the parade will substantially interrupt
the safe and orderly movement of other traffic contiguous to its route.
[Amended 8-17-2010 by Ord. No. 2010-03; 11-10-2016 by Res. No. 2016-05]
A.
Time required for rendering decision. The Town Administrator
shall act as promptly as he/she reasonably can on all applications
for permits, after consulting with other government agencies directly
affected and after consulting with the applicant, if necessary. All
applications filed 30 days or more in advance shall be granted or
denied not less than 20 days before the date of the parade stated
in the application. Action on application filed less than 30 days
in advance shall be taken within seven days after the application
is filed, but in no case later than one day in advance of the time
applied for. The Town Administrator shall immediately, by the most
reasonable means of communication, notify the applicant of such action,
and, if the application is denied, the reasons for the denial of the
permit shall be given.
B.
Modification of requested permit. In lieu of denying
a permit, the Town Administrator may authorize the changing of assembly
areas or dispersal areas or the conducting of the parade at a date
or time, or over a route different than, as applied for as permitted.
The applicant or permittee may accept such modification by immediately
notifying the Town Administrator, in writing, of such acceptance.
[Amended 11-10-2016 by Res. No. 2016-05]
Where the Town Board determines that the cost
of municipal services incidental to the staging of the parade will
be increased because of the parade, the Town Administrator may require
the permittee to make payment into the general fund of the Town in
an amount equal to the increased cost for the municipal services.
[Amended 11-10-2016 by Res. No. 2016-05]
Each parade permit shall state such information
as the Town Administrator shall find necessary to the enforcement
of this article.
A.
Permittee. A permittee under this article shall comply
with all permit directions and conditions and with all applicable
laws, ordinances and other regulations of the state and Town.
B.
Participants. No person who leads or participates
in a parade shall disobey or encourage others to disobey this article
after a law enforcement officer has directly and presently informed
him/her of any of the provisions of this article or the terms of the
applicable parade permit.
[Amended 8-17-2010 by Ord. No. 2010-03; 11-10-2016 by Res. No. 2016-05]
The Town Administrator may cause to be erected
temporary no-parking zones on highways or parts thereof on the day
of a parade, procession or assemblage.
