City of Blue Springs, MO
Jackson County
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Table of Contents
Table of Contents
Editor's Note: Former Ch. 390, Street Exhibitions, Parades, Etc., which derived from CC 1968 §§ 18-71 — 18-80 and Ord. No. 684 §§ 1 — 10, 5-21-1973, was repealed 9-20-2010 by Ord. No. 4316 § 1.
[R.O. 1996 § 390.010; Ord. No. 4316 § 1, 9-20-2010]
No street fair, exhibition, festival, concert, parade, show, or demonstration, shall be given or held in or upon any street, highway, parkway, or other outdoor public place or outdoor public area unless a permit shall have first been obtained from the Chief of Police or their designated agent. It shall be unlawful for any person or business entity to conduct such an event without the required permit. It shall be unlawful for any person to knowingly participate in any parade or demonstration that does not have the required permit knowing that a permit for the same is required.
[R.O. 1996 § 390.020; Ord. No. 4316 § 1, 9-20-2010; Ord. No. 4560 § 1, 8-3-2015]
A. 
Section 390.010 shall not apply to:
1. 
Funeral processions;
2. 
Students going to and from school classes or participating in educational activities, provided such conduct is under the immediate direction and supervision of the proper school authorities;
3. 
A governmental agency acting within the scope of its functions;
4. 
A permit shall not be required for a demonstration, if the demonstration consists of ten (10) or fewer individuals. However, those persons demonstrating shall comply with all other provisions of this Chapter that would be applicable to them regardless of whether or not a permit was required; or
5. 
Fall Fun Festival as authorized pursuant to this Chapter and Section 600.340 of this Code.
B. 
Definitions Applicable To This Chapter.
DEMONSTRATION
Any public meeting, gathering, ceremony, show, exhibition, picketing, parade or portion of a parade, rally, pageant, group or crowd assembled or organized to draw public attention for the purpose of conveying a message or protesting an action or inaction to others or the public in or upon any street, sidewalk, right-of-way, park or other public place, but does not include the following:
1. 
Funeral processions;
2. 
Students going to and from school classes or participating in educational activities, providing such conduct is under the immediate direction and supervision of the proper school authorities;
3. 
Governmental agency acting within the scope of its functions; or
4. 
A parade commemorating or celebrating a generally recognized holiday or event, except that a portion of such a parade assembled or organized to draw public attention for the purpose of conveying a message or protesting an action or inaction is a demonstration and shall require a separate permit.
FALL FUN FESTIVAL
The annual event held on or about the second weekend following Labor Day, or as designated from time to time by Council by resolution, during which the streets and public places as defined in Section 390.200(A) are closed to all but permitted activities for the purpose of a festival involving booths, rides, outdoor music, eating areas, and approved locations for alcohol sales on and around the streets, alleys and public places within an area bounded on the north by Vesper Street, the east by Eighth Street, the south by Walnut Street and the west by Fifteenth Street such that the boundary line shall be the outermost edge of the paved portion of said streets herein named.
FUNERAL
The ceremonies, processions, memorial services and/or assemblage of people held in connection with the burial, cremation and/or memorialization of a human body or human remains.
MEMORIAL CEREMONY and MEMORIAL EXHIBITION
Any ceremony or exhibition which commemorates, honors or memorializes the loss of life of persons serving in the military service of the United States or serving as a public safety officer for any governmental agency.
PARADE
Any event, march or procession that includes movement by persons, vehicles, animals or other moveable objects on or near a public street, highway, alley or sidewalk that in any way obstructs, does not comply with or impedes normal and usual motor vehicle traffic on a public street, highway, alley or sidewalk located within the City limits.
SCHOOL PROPERTY
All private schools or schools supported by public taxation and shall include nurseries, kindergartens, elementary which may include K – 6 or K – 8, middle schools and secondary schools. School property shall also refer to any administration building or property which is used in the support or operation of the private or public school system.
SHOW, EXHIBITION, FESTIVAL or CONCERT
Any outdoor performance or event held in a public place intended to draw an audience or an attendance of fifty (50) or more individuals.
STREET FAIR
An event other than a parade that occurs mainly in or on a public or private street which intends to draw an audience or an attendance of fifty (50) or more individuals.
[R.O. 1996 § 390.030; Ord. No. 4316 § 1, 9-20-2010]
A. 
A person seeking issuance of a permit as hereunder required shall file an application with the Chief of Police or their designated agent, on forms provided by such officer, not less than twenty-one (21) days nor more than sixty (60) days before the date on which it is proposed to conduct the street fair, exhibition, festival, concert, parade or show. For a demonstration, the application shall be filed not less than forty-eight (48) hours nor more than thirty (30) days before the demonstration is to commence. If a demonstration is to consist of ten (10) or fewer individuals, a permit shall not be required, but those persons demonstrating shall comply with all other provisions of this Chapter that would be applicable to them regardless of whether or not a permit was required. All applications shall set forth the following information:
1. 
The name, address, and telephone number of the person seeking to conduct such activity, e.g., street fair, exhibition, festival, concert, parade, show or demonstration;
2. 
The nature of the particular activity to be conducted;
3. 
If the parade, demonstration, street fair, show, festival, concert or exhibition, etc. 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;
4. 
The name, address and telephone number of the persons who will be the chairperson or managing officer for the parade, demonstration or exhibition, etc. and who will be responsible for its conduct;
5. 
The route to be traveled, the starting point and the termination point, if a parade; if a street fair, exhibition, festival, concert, parade, show, demonstration, etc., the location of the place said activity is to be held;
6. 
The approximate number of persons who, and animals and vehicles which, will constitute such parade, fair or exhibition; the type of animals and description of the vehicles and equipment to be used;
7. 
The hours when such street fair, festival, concert, parade, show, demonstration or exhibition will start and terminate;
8. 
A statement as to whether the parade will occupy all or only a portion of the streets proposed to be traversed; if a street fair, exhibition, festival, concert, show or demonstration, the proposed area to be occupied thereby;
9. 
Location by street of any assembly areas for any parade;
10. 
The time when units of the parade will begin to assemble at any such assembly area or areas or the time when streets will be blocked off;
11. 
The time at which the participants in the any applicable event (street fair, festival, concert, parade, show, demonstration or exhibition) will begin to assemble at any such assembly area(s);
12. 
If the street fair, exhibition, festival, concert, parade, show or demonstration is designed to be held by, and on behalf of or for, any person or persons other than the applicant, the applicant for such permit shall file with the Chief of Police or their designated agent a communication in writing from the person proposing to hold the event authorizing the applicant to apply for the permit on their behalf;
13. 
Any other relevant information which the Chief of Police or their designated agent shall find reasonably necessary to make a fair determination as to whether a permit should be issued and any information necessary to determine whether preapproval should be granted as to items that require preapproval pursuant to Section 390.030(B).
B. 
Permit Requirements.
1. 
No signs or placards may be posted on City property, inserted in the ground in the City's right-of-way or attached to utility poles or street signs unless preapproved by the City.
2. 
No blocking of sidewalks or driveways shall be permitted unless preapproved by the City.
3. 
No interfering with pedestrian or vehicular traffic shall be permitted unless preapproved by the City.
4. 
No sound amplification shall be permitted in any form unless preapproved by the City.
5. 
No yelling, hooting or shouting, or causing other noise that would constitute a noise disturbance as the same is defined in Chapter 230 or violate Section 230.030 so as to disturb the comfort, peace, solemnity or repose of any reasonable person or resident of reasonable sensibilities, or a business, school; place of worship or place of funeral shall be permitted.
6. 
Barricades of sidewalks, streets or public places, if required, shall be preapproved and shall be official barricades and shall be placed in accordance with the Missouri Uniform Traffic Code as amended.
7. 
Applicant shall notify all residences, businesses, schools or places of worship that are reasonably likely to be adversely affected prior to the commencement of permitted activity.
8. 
No trespassing on private property shall be permitted.
9. 
The person or entity obtaining the permit shall remove, or have removed, all trash resulting from the activity following the permitted activity.
10. 
Chalk shall be the sole method of marking streets or sidewalks for start-finish lines and parade routes or for similar designations and inscriptions related to any other permitted activity.
C. 
The Chief of Police or their designated agent, where good cause is shown therefor, shall have the authority to consider any application hereunder which is filed less than the required time period before the date such parade, street fair, festival, concert, show, demonstration or exhibition is proposed to be held.
D. 
There shall be paid at the time of filing application for a permit hereunder, a fee of five dollars ($5.00) for any parade, street fair, festival, concert, show, or exhibition; provided, however, that said fee may be waived for recognized non-profit civic organizations for the betterment of the community. There shall be no fee for a permit for a demonstration.
[R.O. 1996 § 390.040; Ord. No. 4316 § 1, 9-20-2010]
A. 
The Chief of Police or their designated agent shall issue a permit as provided for hereunder when, from a consideration of the application and from such other information as may otherwise be obtained, they find that:
1. 
The conduct of the parade, street fair, concert, show, demonstration, festival or exhibition will not substantially interrupt the safe and orderly movement of other traffic on or contiguous to route or contiguous to the location of said parade, street fair, concert, show, demonstration, festival or exhibition;
2. 
The conduct of the parade, street fair, concert, show, demonstration, festival or exhibition will not require the diversion of so great a number of Police Officers of the City to properly police the line of movement or the area of holding said parade, street fair, concert, show, demonstration, festival or exhibition and the areas contiguous thereto so as to prevent normal Police protection of the City;
3. 
The conduct of such parade, street fair, concert, show, demonstration, festival or exhibition will not require the conversion of so great a number of ambulances as to prevent adequate ambulance service to portions of the City other than that occupied by the proposed parade, street fair, concert, show, demonstration, festival or exhibition;
4. 
The concentration of persons, animals and vehicles at assembly points of the parade will not unduly interfere with the proper fire and Police protection of, or ambulance service to, areas contiguous to such assembly areas;
5. 
Conduct of such parade, fair, demonstration, street fair, show, concert or exhibition will not unduly interfere with the movement of firefighting equipment en route to a fire;
6. 
The conduct of a parade, fair, demonstration, street fair, show, concert or exhibition is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct, or to create a disturbance that could seriously disrupt residential or commercial activities in the area;
7. 
The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route; and
8. 
The application indicates compliance with the terms of this Chapter.
[R.O. 1996 § 390.045; Ord. No. 4560 § 2, 8-3-2015]
A. 
Authority To Issue Vendor Permits.
1. 
In order to protect the public health, safety and welfare, to promote the economy of the City, and to provide an orderly process for the use of limited City right-of-way, the City Council hereby delegates to the Blue Springs Chamber of Commerce the right to license all persons using City rights-of-way and public places during the annual Fall Fun Fest within those areas described as:
The streets, alleys or public places within an area bounded on the north by Vesper Street, the east by Eighth Street, the south by Walnut Street and the west by Fifteenth Street such that the boundary line shall be the outermost edge of the paved portion of said streets herein named.
2. 
This authority may be exercised during such time as the City Council designates annually as "Fall Fun Festival," provided that the Blue Springs Chamber of Commerce:
a. 
Provides and maintains insurance with the City as an additional insured in an amount approved by the City's risk manager;
b. 
Pays for any identifiable utilities consumed as a part of Fall Fun Festival;
c. 
Returns the streets and public places to as good a condition as immediately existed prior to the annual Fall Fun Festival, including trash removal;
d. 
The event is operated in compliance with all applicable laws and regulations; and
e. 
A beer garden is provided, or caused to be provided, which is properly licensed for the sale of alcohol under Section 600.340 of the City Code.
B. 
Requirement Of A Vendor Permit. No person shall organize, produce, direct, conduct, manage, institute or carry on any activity when the streets described in Section 390.045(A) are closed for Fall Fun Festival without a permit first being obtained from the Blue Springs Chamber of Commerce. No person shall participate in any way in any activity for which a permit has not been issued, or any activity for which a permit has been suspended or revoked.
C. 
Interference With Specific Events. No person shall knowingly join or participate in any activity in violation of any of the terms, conditions or regulations of the vendor permit issued therefor, or knowingly join or participate in any activity without the consent and over the objection of the permittee or in any manner interfere with the orderly conduct of such event. It shall be unlawful to park a motor vehicle in an area that is barricaded to traffic without a permit from the Blue Springs Chamber of Commerce.
D. 
Vendor Permit Application. An application on an approved form for a permit shall be filed with the Blue Springs Chamber of Commerce within a reasonable time to be determined by the Blue Springs Chamber of Commerce. Such application shall be signed by the applicant, or their authorized agent, and shall be accompanied by a fee to cover administrative costs of the Fall Fun Festival as determined by the Blue Springs Chamber of Commerce. Applications for permits shall be acted upon within a reasonable time by the Blue Springs Chamber of Commerce.
E. 
Vendor Permit, Granting Or Refusal. The refusal of any permit by the Blue Springs Chamber of Commerce shall be final.
F. 
Vendor Permit, Granting Conditions. As a condition to granting such permit, the Blue Springs Chamber of Commerce may impose reasonable terms and regulations concerning the time and place of such specific event; the area and manner of conducting such activity; the maximum number of persons participating therein; the number and type of signs and barricades to be provided by the applicant, if any, together with a plan for their disposition attached to the application; and such other requirements as it may find reasonable and necessary for the protection of persons and property. Any person who has been granted a permit shall cause the permit to be publicly displayed at all times during the Fall Fun Festival.
[R.O. 1996 § 390.050; Ord. No. 4316 § 1, 9-20-2010]
A. 
No person participating in a parade, street fair, concert, show, demonstration, festival or exhibition shall obstruct the free, convenient and normal use of any public sidewalk, street, highway, bridge, alley, road or restrain traffic thereon or therein except to the extent preapproved by the City.
B. 
No person participating in a concert, show, demonstration, festival or exhibition shall stand in any street, street right-of-way, roadway, center median or parkway and stop or attempt to stop any person in any vehicle, unless they have complied with the applicable requirements of Section 220.770 of the Blue Springs Code of Ordinances, in order to:
1. 
Solicit charitable or other contributions;
2. 
Sell or attempt to sell anything to any person in any vehicle;
3. 
Hand or attempt to hand any person in any vehicle any circular, advertisement, handbill, political campaign literature or any sample, souvenir or gift;
4. 
Attempt to interfere with the normal flow of traffic for any other purpose.
[R.O. 1996 § 390.060; Ord. No. 4316 § 1, 9-20-2010]
A. 
Purpose. To prevent the impediment of traffic on the sidewalks, easements and streets near schools in the City; to facilitate a proper, undisturbed educational system by preventing possible disruptions that sometimes accompany public demonstrations which would disrupt the classroom environment; to maintain a safe environment for children and other members of the public traveling to and from school grounds by regulating the time, place and manner of use thereof for public assemblies; to safeguard practical and effective means whereby citizens may share a concurring right to free speech and assembly so that they may express opinions and enlighten the public on the nature and causes of matters of public concern.
B. 
Demonstrations Not Allowed. It shall be unlawful for any person to engage in, participate in, aid, form or start any demonstration within one hundred fifty (150) feet of any public or private school property while the school is in session.
[R.O. 1996 § 390.070; Ord. No. 4316 § 1, 9-20-2010]
A. 
A person commits the offense of unlawful funeral protest if they picket or engage in other protest activities within three hundred (300) feet of any residence, cemetery, funeral home, church, synagogue or other establishment during or within one (1) hour before or one (1) hour after the conducting of any actual funeral or burial service at that place.
B. 
Definitions. As used in this Section, the following terms mean:
FUNERAL and BURIAL SERVICE
The ceremonies and memorial services held in conjunction with the burial or cremation of the dead, but this Section does not apply to processions while they are in transit beyond any 300-foot zone that is established under Subsection (A) above.
OTHER PROTEST ACTIVITIES
Any action that is disruptive or undertaken to disrupt or disturb a funeral or burial service.
C. 
The offense of unlawful funeral protest shall be an ordinance violation.
[R.O. 1996 § 390.080; Ord. No. 4316 § 1, 9-20-2010]
The Chief of Police or their designated agent shall act upon the application for a parade, street fair, concert, show, festival or exhibition permit within three (3) days, or in the case of a demonstration within twenty-four (24) hours, after filing thereof. If the Chief of Police or their designated agent disapproves the application for a parade, street fair, concert, show, festival or exhibition permit, they shall mail to the applicant within five (5) days after disapproval, a notice of their action, stating the reasons for their denial of the permit. A permit for a demonstration shall be issued unless there are reasonable grounds to believe that the demonstration, as proposed, will cause or result in physical or mental injury to participants, persons in opposition to the demonstration or members of the public or damages to personal property of non-participants. If the Chief of Police or their designated agent disapproves the application for a permit for a demonstration, they shall mail to the applicant within two (2) days after disapproval, a notice of their action, stating the reasons for their denial of the permit.
[R.O. 1996 § 390.090; Ord. No. 4316 § 1, 9-20-2010; Ord. No. 4589 § 4 3-21-2016]
Any person aggrieved shall have the right to appeal the denial of a parade, street fair, concert, show, demonstration, festival or exhibition permit under the procedure set forth in Chapter 140 of the City Code by filing for an appeal. In the case of applications for a parade, street fair, concert, show, festival or exhibition permit, the City Administrator shall act upon any appeal within ten (10) days after its receipt by appointing a Hearing Officer and such Hearing Officer shall hold a hearing and make a determination within ten (10) days of the appointment unless a shorter time is mandated by the circumstances and agreed to by the applicant. In the case of applications for a demonstration permit, the appeal shall be taken by filing the appeal with the City Administrator who shall act upon said appeal within two (2) business days after its receipt. The Hearing Officer as to any appeal, and the City Administrator as to the appeal of a denial of a request for a demonstration permit, have the authority to sustain, reverse or modify the action appealed. Further appeal, in any instance, shall be to the Circuit Court of Jackson County, Missouri.
[R.O. 1996 § 390.100; Ord. No. 4316 § 1, 9-20-2010]
The Chief of Police or their designated agent, in denying an application for a parade, street fair, concert, show, demonstration, festival or exhibition permit, shall be empowered to authorize the conduct of a parade, street fair, concert, show, demonstration, festival or exhibition on a date, at a time, on or over a route different from that named by the applicant, or at any location different from that named by the applicant. An applicant desiring to accept an alternate permit shall, within five (5) days after notice of the action of the Chief of Police or their designated agent, file a written notice of acceptance with the Chief of Police or their designated agent. An alternate parade, street fair, concert, show, demonstration, festival or exhibition permit shall conform to the requirements and shall have the same effect as any other parade, street fair, concert, show, demonstration, festival or exhibition permit issued under this Chapter.
[R.O. 1996 § 390.110; Ord. No. 4316 § 1, 9-20-2010]
Immediately upon the issuance of a parade, street fair, concert, show, demonstration, festival or exhibition permit, the Chief of Police or their designated agent shall send a copy thereof to the Mayor's office, who shall in turn inform all City Officials and other persons reasonably interested in the conduct of such parade, street fair, concert, show, demonstration, festival or exhibition.
[R.O. 1996 § 390.120; Ord. No. 4316 § 1, 9-20-2010; Ord. No. 4589 § 5 3-21-2016]
The Chief of Police or their designated agent shall have the authority to revoke a parade, street fair, concert, show, demonstration, festival, or exhibition permit issued hereunder upon application of the standards for issuance as herein set forth at any time prior to the commencement of said parade, street fair, concert, show, demonstration, festival or exhibition. They shall further have the authority to stop, disperse or otherwise halt the conduct of any parade, street fair, concert, show, demonstration, festival or exhibition which is at the time presenting a serious threat to the health, safety or welfare of the inhabitants of the City. Any revocation under this Section shall be appealed in the same manner as the denial of a permit is appealed under this Chapter.[1]
[1]
Editor's Note: R.O. 1996 §§ 390.130, Penalty, and 390.140, Severability, were removed by the City during the 2019 recodification project.