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was repealed 9-20-2010 by Ord.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
B.
DEMONSTRATION
1.
2.
3.
4.
FALL FUN FESTIVAL
FUNERAL
MEMORIAL CEREMONY and MEMORIAL EXHIBITION
PARADE
SCHOOL PROPERTY
SHOW, EXHIBITION, FESTIVAL or CONCERT
STREET FAIR
Definitions Applicable To This Chapter.
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:
Funeral processions;
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;
Governmental agency acting within
the scope of its functions; or
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.
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.
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.
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.
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.
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.
Any outdoor performance or event held in a public place intended
to draw an audience or an attendance of fifty (50) or more individuals.
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
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.
FUNERAL and BURIAL SERVICE
OTHER PROTEST ACTIVITIES
Definitions. As used in this Section, the following terms mean:
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.
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.
