GENERAL REFERENCES
Streets, sidewalks and other public places — See Ch. 62.
[Ord. No. 03-05, § I, 4-28-2003]
No person shall engage in, participate in, aid, form or conduct
any parade or public assembly unless a permit is issued by the City
Clerk, which shall be issued only after investigation and recommendation
of the Chief of Police.
[Ord. No. 03-05, § I, 4-28-2003]
(a)
A person seeking a parade or public assembly permit shall file an
application with the City Clerk on forms provided, and the application
shall be signed by the applicant under oath. All applications shall
be promptly forwarded to the Chief of Police for investigation. If
the parade or public assembly permit is granted, the City Clerk shall
issue the permit forthwith.
(b)
An application for a parade or public assembly permit shall be filed
with the City Clerk at least seven business days in advance of the
date of the proposed parade or public assembly. The Chief of Police
or City Mayor may waive the time limit of any proposed parade or public
assembly if after due consideration of the date, time and place of
the parade or public assembly, the anticipated number of participants,
and the City services required in connection with the event, the Chief
of Police recommends to the City Clerk that the waiver will not diminish
public safety.
(c)
The application for a parade or public assembly permit shall set
for the following information:
(1)
The name, address and daytime telephone number, pager/cell phone
number if applicable, and facsimile number of the person seeking to
conduct such parade or public assembly.
(2)
If the parade or public assembly is proposed to be conducted by an
organization, the name, address and daytime telephone number of the
headquarters of the organization, and the authorized and responsible
heads of the organizations.
(3)
The name, address and daytime telephone number of the person who
will be in charge (chairperson) of the parade or public assembly.
(4)
The requested date of the parade or public assembly and the hours
that it will commence and terminate.
(5)
The requested route to be traveled, including the starting point
and the termination point.
(6)
The approximate number of persons who, and animals and vehicles which
will constitute such parade or public assembly and the type of animals
and description of the vehicles and the basis on which this estimate
is made.
[Ord. No. 03-05, § I, 4-28-2003; amended 10-9-2017 by Ord. No. 17-14]
The Common Council may establish a nonrefundable fee by resolution
to cover administrative costs of processing the permit which shall
be paid by the applicant when the application is filed. If the application
is for the use of any City property or for any City services, the
applicant shall pay prior to the issuance of a permit any required
charges in accordance with a schedule of service costs approved by
the Common Council by resolution. Notwithstanding the foregoing, all
fees, except the nonrefundable fee to cover the administrative cost
of processing the permit, will be waived for the Memorial Day parade,
the Fourth of July Parade, the Badger High School Homecoming Parade,
and the Christmas Parade.
[Ord. No. 03-05, § I, 4-28-2003]
(a)
The Chief of Police shall investigate the facts set out in the application
and shall recommend to the City Clerk to issue a permit when he/she
finds that:
(1)
The conduct of the parade or public assembly will not substantially
interrupt the safe and orderly movement of other pedestrians or vehicular
traffic contiguous to its route or location;
(2)
The conduct of the parade or public assembly will not require the
diversion of so great a number of City police officers to properly
police the line of movement and the areas contiguous as to prevent
normal police protection of the City;
(3)
The concentration of persons, animals, vehicles at public assembly
points of the parade or public assembly will not unduly interfere
with proper fire and police protection of, or ambulance service to,
areas contiguous to such public assembly areas;
(4)
The conduct of the parade or public assembly will not prevent or
interfere with the operation of any public service within the City
which may be necessary to provide while the parade or public assembly
is in progress;
(5)
The event is not being conducted for an unlawful purpose;
(6)
The parade or public assembly is scheduled to move from its point
of origin to its point of termination expeditiously and without unreasonable
delays in route;
(7)
Adequate sanitation and other required health facilities are or will
be made available in or adjacent to any public assembly areas;
(8)
There are sufficient parking places near the site of the parade or
public assembly to accommodate the number of vehicles reasonably expected;
(9)
The proposed activity will not interfere with the use of the requested
area by another party to whom a valid permit has been issued for the
same area or route;
(10)
No other event is scheduled elsewhere in the City where the
police resources required for that event are so great that the deployment
of police services for the proposed parade or public assembly would
have an immediate and adverse effect upon the welfare and safety of
persons and property;
(11)
The application contains sufficient information about the proposed
route and crowd estimate to enable the Police Chief to evaluate the
proposed event under this section.
(b)
In investigating the application, the Chief of Police may recommend
the conduct of a parade or public assembly on a date, at time, at
a location, or over a route different from that named by the applicant.
This alternate permit shall to extent practicable authorize an event
that will have comparable public visibility and a similar route, location
and date to that of the proposed event. An applicant desiring to accept
an alternative parade or public assembly permit shall within two business
days after notice of the Chief of Police's alternative recommendation,
file a written notice of acceptance with the City Clerk. An alternative
parade or public assembly permit shall conform to the requirements
and shall have the effect of a parade or public assembly permit.
(c)
The Chief of Police is empowered to limit the parade and public assembly
to the sidewalk or to one or more traffic lanes of the street where
it is determined that such limited area is capable of accommodating
the number of people anticipated based upon the information submitted
by the applicant and the experience of previous comparable events.
In the event that the number of persons in attendance exceed anticipated
levels, members of the Police Department are authorized to make reasonable
accommodation to increase the portion of the public way made available
in order to preserve public health and safety.
(d)
If the Chief of Police denies an application for failure to provide
sufficient information about the proposed route or crowd estimate,
he shall specify what additional information must be provided in a
new or amended application.
[Ord. No. 03-05, § I, 4-28-2003]
The Chief of Police shall act promptly to investigate and issue
a recommendation within two business days after the filing of the
application for a parade or public assembly permit. If the Chief of
Police recommends denial, then the City Clerk shall disapprove the
application. The City Clerk shall notify the applicant by facsimile
transmission or telephonically and mail directed to the applicant
within two business days after the Chief of Police denial, along with
a notice stating the Chief of Police's facts and conclusions
which are the basis for his/her denial of the permit.
[Ord. No. 03-05, § I, 4-28-2003]
Any applicant shall have the right to appeal the denial of a
parade or public assembly permit to the Finance/License and Judicial
Committee and City Council. A hearing before the Finance/License and
Judicial Committee shall be held within three business days after
the filing of appeal, and based upon the evidence contained in the
record, the Committee shall recommend that the City Council either
affirm or reverse the decision of the Chief of Police. This City Council
determination shall be subject to judicial review in accordance with
the laws of the state.
[Ord. No. 03-05, § I, 4-28-2003]
Immediately upon the issuance of a parade or public assembly
permit, the City Clerk shall send a copy thereof to the following:
[Ord. No. 03-05, § I, 4-28-2003]
Each parade or public assembly permit shall state the following
information:
[Ord. No. 03-05, § I, 4-28-2003]
A permittee hereunder shall comply with all permit directions
and conditions and with all applicable laws and ordinances. The parade
or public assembly chairperson shall carry the parade or public assembly
permit upon his/her person during the conduct of the parade or public
assembly.
[Ord. No. 03-05, § I, 4-28-2003]
The Chief of Police and/or City Clerk shall have the authority
to revoke a parade or public assembly permit instantly upon violation
of the conditions or standards for issuance as set forth in this chapter
or, when a public emergency arises where the police resources required
for that emergency are so great that deployment of police services
for the parade or public assembly would have an immediate and adverse
effect upon the welfare and safety of persons or property.
[Ord. No. 03-05, § I, 4-28-2003]
(a)
It shall be unlawful for any person to stage, present, or conduct
any parade or public assembly without first having obtained a permit
as herein provided.
(b)
Any person who knowingly interferes with any other person or organizations lawfully conducting a parade or public assembly, or any person violating any of the provisions of this chapter, shall be subject to the penalties in Section 53-12.
(c)
No person shall unreasonably hamper, obstruct or impede, or interfere
with any parade or public assembly or with any person, vehicle or
animal participating or used in a parade or public assembly.
(d)
No driver of a vehicle shall drive between the vehicles or persons
comprising a parade or public assembly when such vehicles or persons
are in motion and are conspicuously designated as a parade or public
assembly. The Chief of Police shall have the authority, when reasonable
necessary, to prohibit or restrict the parking of vehicles along a
street constituting a part of the route of parade or public assembly.
The Chief of Police shall post signs to that effect, and it shall
be unlawful for any persons to park or leave unattended any vehicle
in violation thereof.
[Ord. No. 03-05, § I, 4-28-2003]
Any person violating the provisions of any section of this chapter
shall, upon conviction, be punished by a fine of not more than $500
for each violation, together with the costs of prosecution. In the
event the defendant defaults on payment thereof, the defendant's
operating privileges shall be suspended pursuant to W.S.A. §§ 343.30,
345.47, or by imprisonment in the county jail until such forfeiture
and costs are paid, but not in excess of the number of days set forth
in W.S.A. § 800.095(4). Each day's violation shall
constitute a separate offense.
