The Village Board recognizes that the highways
of the Village of Siren are primarily for the use of the traveling
public. 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 streets and
highways of the Village of Siren.
As used in this article, the following terms
shall have the meanings indicated:
HIGHWAY
Has the meaning set forth in § 340.01(22), Wis.
Stats., and also includes areas owned by the Village of Siren which
are used principally for pedestrian or vehicular traffic.
PARADE
Any parade, march or procession of any kind and the assembly
areas therefor.
No person shall form, direct, marshal, lead
or participate in any parade on any street or highway under the jurisdiction
of the Village unless a permit has been obtained in advance as provided
in this article, provided that, upon notification to the Chief of
Police, a parade on sidewalks and footways in which persons move not
more than two abreast and which does not substantially hinder normal
use of the sidewalk or footway and conforms to 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 article with
the Chief of Police.
A written application for a permit for any parade
on the streets or highways under the jurisdiction of the Village shall
be made in triplicate by one of the organizers to the Chief of Police
on a form provided by said officer no less than 72 hours prior to
the parade. Application made less than 35 days prior to the date of
the proposed parade must be made in person. 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 Chief of Police a communication in writing from the person
proposing to hold the parade authorizing the applicant to apply for
the permit on his behalf.
H. Any additional information which the Chief of Police
finds reasonably necessary to a fair determination as to whether a
permit should be issued.
The Chief of Police shall submit a copy of the
application to the Village Clerk-Treasurer for report and recommendation.
The Village Clerk-Treasurer shall issue a permit to the applicant,
subject to the foregoing sections this article, unless he or 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 Village;
B. The parade will so substantially hinder the movement
of police, 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;
or
D. The parade is so poorly organized that participants
are likely to engage in aggressive or destructive activity.
Each parade permit shall state such information
as the Chief of Police shall find necessary to the enforcement of
this article.
Where the Chief of Police or Director of Public
Works determines that the cost of municipal services incident to the
staging of the parade will be increased because of the parade, the
Village Clerk-Treasurer may require the permittee to make payment
into the general fund of the municipality in an amount equal to the
increased cost for the municipal services. The Village Clerk-Treasurer
may also require the permittee to file evidence of good and sufficient
sureties, insurance in force or other evidence of adequate financial
responsibility, running to the Village of Siren and such third parties
as may be injured or damaged, in an amount depending upon the likelihood
of injury or damage as a direct and proximate result of the holding
of the parade sufficient to indemnify the municipality and such third
parties as may be injured or damaged thereby, caused by the permittee,
its agents or participants.
Immediately upon the issuance of a parade permit,
the Village Clerk-Treasurer shall send a copy thereof to the following:
A. Each public transportation utility whose regular routes
will be affected by the parade.
D. Director of Public Works.
The Village President or Chief of Police may
revoke a permit already issued if he deems that such action is justified
by an actual or potential emergency due to weather, fire, riot, other
catastrophe or likelihood of a breach of the peace, or by a major
change in the conditions forming the basis of the standards of issuance.