[HISTORY: Adopted by the Town Council of the Town of Windham 1-8-1991 (Ch. 173 of the 1991 Code) Amendments
noted where applicable.]
This chapter is intended to protect and preserve the public
health, safety, property and order from the inconveniences and dangers
posed by unregulated assembly and at the same time to ensure the public
right to peacefully congregate in public places.
As used in this chapter, the following words shall have the
following meanings:
Any stationary ceremony, show, exhibition, pageant or other
similar display held out of doors in any street, way, park or other
public place in the Town.
Volunteers who will cooperate with officials of the Town
in protecting the health and safety of both participants in a parade
or assembly and also the general public.
Any march, procession or road race consisting of people,
vehicles, or animals or any combination thereof through any street,
way or public place in the Town which does not comply with normal
and usual traffic regulations or controls, including the assembly
point or points of such parade.
The permit required by this chapter.
Includes the officers, employees and elected or appointed
officials of the Town.
The provisions of this chapter shall not apply to:
A.
Funeral processions.
B.
A governmental agency acting within the scope of its functions including
but not limited to the RSU No. 14 School Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Assemblies and parades sponsored by the Town of Windham, including
but not limited to the annual Memorial Day Parade and the Old Home
Days Parade.
No person shall initiate, promote, organize or participate in
any assembly or parade except in accordance with a permit issued by
the Chief of Police as provided herein.
A person desiring a permit shall file a written application
with the Chief of Police on a form to be furnished by the Town for
that purpose.
A.
Filing period. The permit application shall be filed with the Chief
of Police not less than 30 days before the proposed date of the assembly
or parade. The Chief of Police, where good cause is shown, may consider
an application filed less than 30 days before the proposed date of
the assembly or parade.
B.
Contents. The permit application shall set forth the following information:
(1)
The name, address and telephone number of the person seeking to conduct
the assembly or parade.
(2)
A brief description of the proposed activity.
(3)
If the assembly or parade will be conducted for, on behalf of or
by an organization, the name, address and telephone number of the
organization and of the authorized head of the organization.
(4)
The date(s) when the parade or assembly will be held.
(5)
A map showing the exact route requested, including the starting and
termination points, or the precise location of the requested assembly.
(6)
The approximate number of persons, animals and vehicles which will
participate in the assembly or parade, including the type and number
of animals and a description of the vehicles, including their number
and type.
(7)
The starting and termination times of the assembly or parade.
(8)
The location of staging and assembly areas for the parade and the
time at which assembly will commence.
(9)
Provisions for first aid.
(10)
The number, training and identification of marshals to be provided
by the applicant.
(11)
An alternate date in the event that circumstances should require
postponement of the assembly or parade.
(12)
The procedures to be used to notify both participants and the
public of cancellation or postponement of the event.
(13)
The methods for controlling debris and litter and for cleaning
up the site or route of the assembly or parade after the event.
(14)
Any additional information which the Chief of Police shall find
necessary in order to make a fair determination of whether a permit
should be issued.
C.
Insurance.
(1)
As part of the permit application, an applicant shall provide liability
insurance against injuries which may occur as a result of the assembly
or parade, protecting both itself and the Town of Windham to the extent
of $1,000,000 for personal injury to or death of any one person in
any one incident and $1,000,000 for personal injury or death of two
or more persons in any one incident and $300,000 for damage to property.
Such insurance will be placed with insurers satisfactory to the Town,
and certificates of such insurance shall be filed with the Town. The
insurance policy or policies shall provide that it or they shall not
be canceled without prior notice, in writing, to the Town.
(2)
Such insurance shall be primary to any coverage which may be provided
by the Town of Windham.
(3)
The Town of Windham shall be named insured in such policy or policies.
The Chief of Police shall issue a permit as provided in this
chapter when, from a consideration of the application, he determines
that:
A.
The conduct of the assembly or parade will not interrupt the safe
and orderly movement of other vehicles and pedestrian traffic along
public ways contiguous to its route or area as determined by the duration
and size of the assembly or parade, the size and condition of such
contiguous public ways, lighting, intensity of use by both pedestrians
and also vehicles and the visibility afforded to pedestrians and the
operators of motor vehicles along such contiguous public ways.
B.
The resumption of normal vehicular and pedestrian traffic following
the event will not create a traffic hazard as determined by the duration
of the event, the size and condition of the public ways over or on
which the event will be conducted, the intensity of use by both pedestrians
and vehicles and visibility afforded to pedestrians and operators
of motor vehicles.
C.
The conduct of the assembly or parade will not require the diversion
of so great a number of police officers of the Town to properly police
the line of movement and the areas contiguous thereto as to prevent
normal police protection to other areas of the Town.
D.
The concentration of persons, animals and vehicles at the assembly
or parade will not overburden police, fire and rescue services to
areas contiguous to such assembly as well as other sections of the
Town as determined by response time, accessibility to such contiguous
areas and numbers and types of emergency personnel and equipment available
to serve the community.
E.
The conduct of the assembly or parade is not reasonably likely to
cause injury to persons or property, to provoke disorderly conduct
nor to create a disturbance.
F.
The parade is scheduled to move from its point of origin to its point
of termination expeditiously and without unreasonable delays en route.
A.
Approval. If the Chief of Police approves the application, he shall
so notify the applicant, in writing, and provide a written permit
containing the following information:
(1)
The approved date(s) and hour(s) of the assembly or parade.
(2)
The approved location either for the assembly or the approved route
for the parade, including designated assembly areas.
(3)
The maximum and minimum speed of the parade.
(4)
The maximum number of parade participants, including animals and
vehicles.
(5)
Such other information as the Chief of Police shall find necessary
to the enforcement of this chapter.
B.
Denial. If the Chief of Police should deny the application for a
permit, he shall so notify the applicant, in writing, setting forth
the basis for the denial.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Fee. The applicant shall pay a nonrefundable fee (fee amount on file at the office of the Town Clerk) to the Town no less than 10 days prior to the assembly or parade. Failure to pay this fee shall be a basis for permit suspension under Subsection C.
B.
Other duties. A permittee under this chapter shall comply with all
directions and conditions set forth in the permit and all applicable
laws and ordinances.
C.
Permit suspension. The Chief of Police shall have the authority to
issue a written order suspending the permit if the permittee should
fail to comply with the provisions of this chapter or should make
any false material statement in the application. The order shall state
the manner in which the applicant has failed to comply. A person who
organizes or participates in an assembly or parade in violation of
a permit suspension is in violation of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Based upon the information provided in the application, the
Chief of Police shall determine the number of police officers whose
presence will be necessary to protect both the participants and the
public. The applicant shall pay the Town for the estimated cost of
such services prior to the event and prior to issuance of the permit
in accordance with Town policy.
A denial or revocation of a permit authorized by this chapter
may be appealed to the Town Council, provided that the appeal is taken
within seven days of the Chief's action.
