As used in this article, the following words and terms shall
have the meaning ascribed thereto:
A person who has filed a written application for a parade
permit.
Include their designees.
A parade sponsored other than by a nonprofit organization,
the purpose of which is to advertise a product, whether tangible or
intangible, to advertise or promote an exhibition or theatrical performance,
or otherwise operate to the pecuniary benefit of the sponsor.
An assembly of three (3) or more persons gathering for the
common design of moving in or upon any public street from one location
to any other location, whether on foot, on horseback, by mechanical
conveyance, or otherwise, as part of a procession, march, pageant,
ceremony, or like event.
A written consent or permit to conduct a parade or street
or block closure issued pursuant to written application and approval
hereunder.
A person to whom a parade permit has been granted under this
article.
The entire width between the boundary lines of every road
or way publicly maintained when any part thereof is open to the use
of the public for vehicular traffic.
(Ordinance 85-115, sec. 1, adopted 11/19/85; 1978 Code, sec. 26-90; Ordinance 07-069, sec. 18, adopted 6/19/07; Ordinance 09-002, sec. 1, adopted 1/13/09)
(a)
Any person conducting, commencing, aiding or engaging in a parade
without a parade permit, or otherwise violating any provision of this
article, is guilty of a misdemeanor and, upon conviction, shall be
punished by a fine of not less than one hundred dollars ($100.00)
nor more than five hundred dollars ($500.00).
(b)
The chief of police, his authorized designee, any officer of the
city police department, and the fire chief or his authorized designee
are hereby authorized to issue summons and citations, as applicable,
for violations of this article.
(c)
Anyone involved in or participating in a parade without first receiving
a permit as outlined herein or after being directed to cease and desist
and informed that the parade is unlawful because it is without a permit
shall individually be in violation of this article, shall be guilty
of a misdemeanor and, upon conviction, shall be fined not less than
one hundred dollars ($100.00) nor more than five hundred dollars ($500.00).
(d)
This section shall not apply to members of the police, fire, or public
works department in processing any parade permit application.
(Ordinance 85-115, sec. 1, adopted 11/19/85; 1978 Code, sec. 26-98; Ordinance 07-069, sec. 25, adopted 6/19/07)
(a)
It shall be unlawful for any person to obstruct, impede, or interfere
in any form or manner with the progress of any parade or the persons,
vehicles or animals comprising the parade from the point of commencement
to the point of disassembly.
(b)
It shall be unlawful for any person to drive through or between the
persons, vehicles, or animals comprising a parade from the point of
commencement to the point of disassembly.
(c)
It shall be unlawful to park any vehicle along a public street constituting
a portion of the parade route and conspicuously marked as such; in
this connection, the chief of police and the public works director
are authorized to prohibit or restrict the parking of vehicles as
needed along the parade route and to cause the route to be conspicuously
marked as such.
(d)
It shall be a defense to prosecution under the preceding subsection
that the place where the vehicle was parked was not conspicuously
designated as a parade route at the time of parking.
(e)
This section shall not apply to any member of the city police or
fire department acting in the course and scope of their duties in
monitoring, regulating and policing parade activity or otherwise.
(Ordinance 85-115, sec. 1, adopted 11/19/85; 1978 Code, sec. 26-96; Ordinance 07-069, sec. 23, adopted 6/19/07; Ordinance 08-028, sec. 1, adopted 4/29/08)
(a)
It shall be unlawful to commence, conduct, aid, or engage in a parade
upon any public street without having first secured a parade permit
therefor from the chief of police.
(b)
The following activities shall be exempt from the requirement of
a permit hereunder:
(1)
Funeral processions supervised by a licensed mortuary proceeding
by a reasonable route from a funeral home, church, or residence of
a deceased to a memorial service or place of interment;
(2)
Picketing or other peaceful demonstrations at a fixed location that
is not a street;
(3)
Sidewalk processions conducted in accordance with all traffic regulations
and other applicable laws and ordinances;
(4)
Processions, convoys, marches or similar activities conducted by
members of the armed forces of the United States or the state while
acting in the regular course and scope of their duties;
(5)
Processions, convoys, or the like conducted by members of the city
fire or police department while acting in the regular course and scope
of their duties;
(6)
Wedding processions proceeding by a reasonable route between the
residence of a member of the matrimonial party, the place of performance
of the matrimonial service, and/or the place of reception or matrimonial
celebration;
(7)
Motorcades escorted by members of the city police department as a
part of their assigned duties.
(Ordinance 85-115, sec. 1, adopted 11/19/85; 1978 Code, sec. 26-91)
(a)
Applications for a parade permit must be filed with the chief of
police no less than thirty (30) days prior to the date and time for
commencement of such parade.
(b)
Each application for a parade permit must be made on a form provided
for this purpose by the chief of police.
(c)
Each application for a parade permit shall be signed by the applicant
and contain the following information:
(1)
The name, address, and telephone number of the applicant;
(2)
The name, address and telephone number of any organization, firm,
association, corporation, or other entity on whose behalf application
is made;
(3)
Date and time proposed for commencement of the parade;
(4)
A statement of the anticipated duration of the parade;
(5)
A description of the specific parade route listing all streets to
be utilized and the direction of flow from the point of commencement
to termination;
(6)
The estimated number of persons to participate in the parade;
(7)
The estimated number of vehicles, floats, animals, motorized displays
and the like to be utilized in the parade;
(8)
The estimated number of marching units, bands, color guards, drill
teams and the like to participate in the parade.
(d)
If the applicant is acting on behalf of a corporation, association,
firm or other organization sponsoring the parade, the application
must be accompanied by a letter indicating the organization’s
sponsorship of such parade and authorizing the applicant to act in
its behalf in securing a permit therefor.
(e)
Upon receipt of an application for a parade permit, the chief of
police shall forward a true copy of same to the fire chief and public
works director with a request for comments thereon.
(Ordinance 85-115, sec. 1, adopted 11/19/85; 1978 Code, sec. 26-92; Ordinance 07-069, sec. 19, adopted 6/19/07)
(a)
An application for a permit to conduct a commercial parade shall
be accompanied by a nonrefundable permit fee of two hundred fifty
dollars ($250.00) to reimburse the city for administrative costs incurred
as a result of the conduct of such parade. The applicant for a commercial
parade permit will also be responsible for police costs, cleanup expenses,
and other service costs identified by the city. An estimate of these
costs will be provided when the permit is secured.
(b)
An application for a permit to conduct a noncommercial parade shall
be accompanied by a nonrefundable permit fee of two hundred fifty
dollars ($250.00) to reimburse the city for administrative costs incurred
as a result of the conduct of such parade. Police, cleanup, and other
services may be paid by the city. Parades sponsored or co-sponsored
by the city, as determined by the city manager, will not be subject
to permit fees or the reimbursement of costs as stated above. Examples
of city-sponsored or co-sponsored parades presently include the Christmas
Parade, MLK Parade and Neches River Parade.
(Ordinance 85-115, sec. 1, adopted 11/19/85; Ordinance 86-112, sec. 1, adopted 11/4/96; 1978
Code, sec. 26-97; Ordinance 07-069, sec. 24, adopted 6/19/07; Ordinance 08-028, sec. 1, adopted 4/29/08; Ordinance 09-002, sec. 2, adopted 1/13/09; Ordinance 10-015, sec. 1, adopted 2/2/10)
(a)
The chief of police may, in consultation with the public works director
and fire chief, approve an application for a parade permit subject
to reasonable terms and conditions relating to the time, place or
manner for conduct of the parade, including, but not limited to:
(b)
The chief of police, or his designee, may, in consultation with the
public works director and fire chief, approve an application for a
street or block closure subject to reasonable terms and conditions
relating to the time, place, or manner for the proposed closure. Approval
of street or block closures shall be limited to noncommercial and/or
civic events. No approval shall be granted for any requested closure
of a public residential street where the access or egress to or from
privately owned residential property would be adversely affected.
(c)
A parade permit shall either be issued or denied within seven (7)
days after the application therefor being filed with the chief of
police.
(d)
Upon issuance of a parade permit by the city, all appropriate departments
shall be notified. A copy of said permit shall be maintained on file
for review.
(Ordinance 85-115, sec. 1, adopted 11/19/85; 1978 Code, sec. 26-93; Ordinance 07-069, sec. 20, adopted 6/19/07; Ordinance 08-028, sec. 1, adopted 4/29/08; Ordinance 09-002, sec. 3, adopted 1/13/09)
(a)
It is the policy of the city that the constitutional rights of citizens
be fully considered in determining the granting or denying of parade
or street closure permits. Therefore, the chief of police shall consider
the following, in denying, revoking or modifying permits:
(1)
If the information contained in the application for a permit is found
to be false or incomplete in any material aspect;
(2)
If the public peace, health, safety, or welfare will be endangered
by the conduct of the parade or street closure or that conduct of
the same is reasonably likely to engender a riot, civil disturbance,
or other public calamity;
(3)
The permittee has conducted or is conducting a parade or street closure
in violation of this article or other applicable laws and ordinances
affecting such activity;
(4)
If the permittee fails to obey any lawful order of the chief of police,
fire chief, or their respective designees respecting the conduct of
the parade or street closure, or any term or condition to which the
approval of the parade permit is made subject;
(5)
If the parade or street closure fails to commence within thirty (30)
minutes of the appointed time for commencement;
(6)
If the conduct of the parade or street closure at the time and place
or in the manner proposed will substantially disrupt the safe and
orderly movement of traffic contiguous to the parade route or area
of the street closure;
(7)
The parade or street closure will require diversion of so great a
number of police officers that the provision of adequate police service
to the remainder of the city will be rendered impossible;
(8)
If the concentration of persons, animals, and vehicles at points
of assembly and disassembly is reasonably likely to interfere with
the provision of adequate fire, police, and other emergency services
to other parts of the city;
(9)
Conduct of the parade or street closure is reasonably likely to result
in harm to persons or property; or
(10)
If emergency conditions or other exigent circumstances then existing
within the city require that the public streets remain open to the
free and unencumbered transportation of emergency crews, equipment
and materials.
(b)
In the event of denial or revocation hereunder, the chief of police
shall provide, at the time of denial or revocation, such oral or written
notice of denial or revocation that is feasible under the circumstances
then existing and, in addition, within three days thereafter, shall
provide written notice to the permittee or applicant setting forth
the specific reasons forming the basis for denial or revocation. Such
written notice shall be mailed to the permittee or applicant.
(Ordinance 85-115, sec. 1, adopted 11/19/85; 1978 Code, sec. 26-94; Ordinance 07-069, sec. 21, adopted 6/19/07; Ordinance 08-028, sec. 1, adopted 4/29/08; Ordinance 09-002, sec. 3, adopted 1/13/09)
(a)
Any applicant may appeal the decision of the chief of police to the
city council. Such appeal may be accomplished by requesting the city
manager, or whoever is acting in his place, to place such appeal upon
the agenda of the next available regular council meeting. This shall
be done so long as it does not have to be placed on such agenda as
an emergency item. If circumstances prevent such appeal from being
considered by the city council, then such appeal shall be considered
by the city manager or whoever is acting in his place. The decision
hereby rendered shall be final. If a decision is not rendered prior
to three (3) full days before the commencement of the parade, such
failure to act shall conclusively be presumed an approval of the decision
of the chief of police. The lack of a decision shall be conclusively
presumed an approval of the decision of the chief of police. In the
absence of an appeal made in accordance with the procedures above
described, the decision of the chief of police shall be final.
(b)
An appeal from the decision of the chief of police shall include
a copy of the application for a permit and a statement of the action
complained of. It shall be delivered to the office of the city manager
together with applicant’s request for an appeal. Such appeal
shall not be considered as requested or filed without such material.
(Ordinance 85-115, sec. 1, adopted 11/19/85; 1978 Code, sec. 26-95; Ordinance 07-069, sec. 22, adopted 6/19/07; Ordinance 08-028, sec. 1, adopted 4/29/08)
