For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
DIRECTOR
The Director of the Department of Public Safety of the Town.
[Amended 10-14-2015 by Ord. No. MC 3553]
PARADE
Any parade, march, ceremony, show, exhibition, pageant or
procession of any kind or any similar display in or upon any street,
park or other public place in the Town.
[Amended 1-12-2016 by Ord. No. MC 3562]
A person seeking issuance of a parade permit shall file an application
with the Director of Public Safety on forms provided by such officer.
A. An application for a parade permit shall be filed with the Director
of Public Safety not less than seven nor more than 30 days before
the date on which it is proposed to conduct the parade.
B. The application for a parade permit shall set forth the following
information:
(1) The name, address and telephone number of the person seeking to conduct
such parade.
(2) 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.
(3) The name, address and telephone number of the person who will be
the parade chairman and who will be responsible for its conduct.
(4) The date when the parade is to be conducted.
(5) The route to be traveled, the starting point and the termination
point.
(6) The approximate number of persons who will constitute or partake
in and, if animals are to be included in the parade or line of march,
the specific type of animal, whether domestic or wild, and the number
and description of the motor vehicles or any other type vehicle expected
to be used in the parade, march, ceremonies, show, exhibit or procession.
(7) The hours when such parade will start and terminate.
(8) A statement as to whether the parade will occupy all or only a portion
of the width of the streets proposed to be traversed.
(9) The location by streets of any assembly areas for such parade.
(10)
The time at which units of the parade will begin to assemble
at any such assembly area or areas.
(11)
The interval of space to be maintained between units of such
parade.
(12)
If the parade is designed to be held by and on behalf of or
for any person other than the applicant, the applicant for such permit
shall file with the Director of Public Safety a communication in writing
from the person proposing to hold the parade, authorizing the applicant
to apply for the permit on his behalf.
(13)
A statement of the purpose of the parade.
(14)
Any additional information which the Director shall find reasonably
necessary to a fair determination as to whether a permit should be
issued.
C. If the parade will use or traverse any state or county road or highway
within the Town, the application shall be accompanied by a written
consent or other written authorization to hold such parade on the
date and at the time requested, issued by the public agency or body
having jurisdiction and control over such road or highway.
D. The Director, when good cause is shown therefor, shall have the authority
to consider any application hereunder which is filed less than seven
days before the date such parade is proposed to be conducted.
The Director 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, he finds that:
A. The conduct of the parade will not substantially interrupt the safe
and orderly movement of other traffic contiguous to its route.
B. The conduct of the parade will not require the diversion of so great
a number of law enforcement personnel of the Town to properly police
the line of movement and the areas contiguous thereto as to prevent
normal police protection for the Town.
C. The conduct of such parade will not require the diversion of so great
a number of ambulances as to prevent normal ambulance service to portions
of the Town other than that to be occupied by the proposed line of
march and areas contiguous thereto.
D. The concentration of persons, animals and vehicles at assembly points
of the parade will not unduly interfere with proper fire and police
protection of or ambulance service to areas contiguous to such assembly
areas.
E. The conduct of such parade will not interfere with the movement of
firefighting equipment en route to a fire.
F. The conduct of the parade is not reasonably likely to cause injury
to persons or property, to provoke disorderly conduct or create a
disturbance.
G. The parade is scheduled to move from its point of origin to its point
of termination expeditiously and without unreasonable delays en route.
H. The parade is not to be held for the sole purpose of advertising
any product, goods or event and is not designed to be held purely
for private profit.
If the application shall be disapproved, the Director shall
give written notice thereof to the applicant, by mail, setting forth
the reasons for the denial of the permit.
Any person aggrieved shall have the right to appeal the denial
of a parade permit to the Municipal Council. The appeal shall be taken
within five days after notice of the denial.
[Amended 1-12-2016 by Ord. No. MC 3562]
The Director, in denying an application for a parade permit,
shall be empowered to authorize the conduct of the parade on a date,
at a time or over a route different from that named by the applicant.
An applicant desiring to accept an alternate permit shall file a written
notice of acceptance with the Director of Public Safety at least two
days prior to the date when the parade is to be conducted. An alternate
parade permit shall conform to the requirements of, and shall have
the effect of a parade permit under, this chapter.
Immediately upon the issuance of a parade permit, notice thereof
shall be forwarded by the Director of Police to the following:
D. The Director of the Department of Public Works.
[Amended 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
E. The general manager or responsible head of each public transportation
utility, the regular routes of whose vehicles will be affected by
the route of the proposed parade.
Each parade permit shall state the following information:
D. Maximum interval of space to be maintained between the units of the
parade.
E. The portions of the streets to be traversed that may be occupied
by the parade.
F. The maximum length of the parade in miles or fractions thereof.
G. Such other information as the Director shall find necessary to the
enforcement of this chapter.
The Director shall have the authority to revoke a parade permit
issued hereunder upon violations of the standards for issuance as
herein set forth. The person to whom the permit has been issued shall
be granted a hearing by the Director upon request of such person.
[Amended 1-13-1981 by Ord. No. MC 2622]
Any person who violates any provision of this chapter shall, upon conviction thereof, be punishable as provided in the general penalty provisions as set forth in Chapter
1, General Provisions, Article
III.