A person to whom a permit has been issued who intentionally
violates the terms of the permit shall be guilty of a misdemeanor.
(Ordinance 8160, sec. 1, adopted 3/12/1981; 1983 Code, sec. 16-309; Ordinance 8338, sec. 1(l), adopted 7/8/1982; Ordinance 2012-O0032, sec. 1, adopted 4/10/2012)
A person participating in a parade, demonstration or recreational
street use for which a permit has been issued who intentionally violates
the terms of the permit shall be guilty of a misdemeanor.
(Ordinance 8160, sec. 1, adopted 3/12/1981; 1983 Code, sec. 16-310; Ordinance 8338, sec. 1(m), adopted 7/8/1982; Ordinance 2012-O0032, sec. 1, adopted 4/10/2012)
A person or organization promoting or sponsoring a parade, demonstration
or recreational street use involving the proposed use of a public
street without compliance with normal or usual traffic controls shall
apply for and obtain a permit for such activity from the city secretary’s
office.
(1959 Code, sec. 18-3; Ordinance
8160, sec. 1, adopted 3/12/1981; 1983 Code, sec. 16-322; Ordinance
8338, sec. 1(b), adopted 7/8/1982; Ordinance 2012-O0032, sec. 1, adopted 4/10/2012)
A person who promotes or sponsors a parade, demonstration or
recreational street use that involves the use of a public street or
alley, which parade, demonstration or recreational street use occurs
without a permit having been issued by the city, shall be guilty of
a misdemeanor..
(Ordinance 8160, sec. 1, adopted 3/12/1981; 1983 Code, sec. 16-307; Ordinance 8338, sec. 1(k), adopted 7/8/1982; Ordinance 2012-O0032, sec. 1, adopted 4/10/2012)
A person who participates in a parade, demonstration or recreational
street use on a public street or alley when no permit for such activity
has been issued, and said person has knowledge of that fact, shall
be guilty of a misdemeanor.
(Ordinance 8160, sec. 1, adopted 3/12/1981; 1983 Code, sec. 16-308; Ordinance 8338, sec. 1(m), adopted 7/8/1982; Ordinance 2012-O0032, sec. 1, adopted 4/10/2012)
The application must be made on a form provided by the office
of the city secretary and must be filed with the city secretary not
less than twenty (20) nor more than sixty (60) days before the proposed
date of the parade, demonstration or recreational street use, and
must:
(1) If the applicant is an individual, contain the name, address, telephone
number, and if existing, email address, of the applicant;
(2) If the applicant is an organization, contain the name, address, telephone
number, and, if existing, email address, of the organization and the
person acting for the organization and responsible for the parade,
demonstration or recreational street use;
(3) Indicate the proposed date of the parade, demonstration or recreational
street use and the time of beginning and the approximate time that
it will end;
(4) If the application is for a parade, demonstration, and/or recreational
street use, indicate the nature of the street use, the public street
or streets to be affected, and, if applicable, the starting point,
route and termination point, with map included;
(5) Indicate the approximate number of persons and the kinds and approximate
number of animals or vehicles expected to participate; and
(6) Be signed by the applicant or by the person named as acting for an
applicant organization for the purposes of working out details affecting
traffic and pedestrian safety; and
(7) Any other additional information concerning the application as may
be deemed necessary at the request of the city manager.
(Ordinance 8160, sec. 1, adopted 3/12/1981; 1983 Code, sec. 16-323; Ordinance 8338, sec. 1(c), adopted 7/8/1982; Ordinance 2012-O0032, sec. 1, adopted 4/10/2012)
If the application is for a parade or demonstration, the route
shall be so planned as to not pass through intersections with a traffic
volume of more than thirty thousand (30,000) vehicles per day during
the hours of 7:30 a.m. to 9:00 a.m., 12:00 noon to 1:00 p.m. or 4:30
p.m. to 6:00 p.m. on weekdays. A current listing of such intersections
shall be kept on hand at the office of the city secretary and any
applicant shall be notified immediately if his proposed route conflicts
with this requirement.
(Ordinance 8160, sec. 1, adopted 3/12/1981; 1983 Code, sec. 16-324; Ordinance 8338, sec. 1(e), adopted 7/8/1982; Ordinance 2012-O0032, sec. 1, adopted 4/10/2012)
Sponsors of parades of more than two (2) hours, or of demonstrations
or recreational street uses involving more than one hundred (100)
participants, shall be required to provide security for such event
upon the basis of one police officer or private security officer for
each one hundred (100) persons or twenty-five (25) vehicles expected
to attend. In the event that the sponsors desire to use private security
officers, they shall be required to furnish written evidence from
a state-certified security agency that arrangements have been made
to furnish such security officers at the above ratio prior to issuance
of a permit. Sponsors may elect to use city police officers for such
service upon concurrence of the chief of police and payment for such
service prior to issuance of a permit.
(Ordinance 8160, sec. 1, adopted 3/12/1981; 1983 Code, sec. 16-325; Ordinance 8338, sec. 1(d), adopted 7/8/1982; Ordinance 10120, sec. 1, adopted 11/19/1998; Ordinance 2012-O0032, sec. 1, adopted 4/10/2012)
Fees for permits shall be set annually in the city’s budget ordinance. Fees are nonrefundable and shall be tendered with each application for a permit for a parade, demonstration or recreational street use. The parade, demonstration, or recreational street use sponsors or organizers shall additionally be required to present written evidence that certified private security officers will be in attendance or to pay for the cost of security coverage by city police officers, which shall be the off-duty pay rate for a Lubbock Police Department patrolman for the number of hours such officer(s) shall be required. Such security shall be provided in accordance with the ratio specified in section
20.10.036.
(Ordinance 8160, sec. 1, adopted 3/12/1981; 1983 Code, sec. 16-326; Ordinance 8338, sec. 1(f), adopted 7/8/1982; Ordinance 2012-O0032, sec. 1, adopted 4/10/2012)
The city secretary shall consider each application individually and shall issue a permit to an applicant whose application complies with sections
20.10.031 and
20.10.034 through
20.10.037 of this article.
(Ordinance 8160, sec. 1, adopted 3/12/1981; 1983 Code, sec. 16-327; Ordinance 8338, sec. 1(g), adopted 7/8/1982; Ordinance 2012-O0032, sec. 1, adopted 4/10/2012)
Up to five (5) days prior to the event, the applicant may amend
the application and the city secretary shall make a decision on the
application as amended within two (2) working days after the date
of the amendment. Additional fees will apply if an application is
amended.
(Ordinance 8160, sec. 1, adopted 3/12/1981; 1983 Code, sec. 16-327; Ordinance 8338, sec. 1(g), adopted 7/8/1982; Ordinance 2012-O0032, sec. 1, adopted 4/10/2012)
In an emergency and for good cause stated in the application, a person or organization may file an application less than twenty (20) days before the proposed date of the parade, demonstration or recreational street use. A non-refundable late fee will apply and will be tendered with the application. Good cause shall be deemed to be satisfied by a notarized statement that the failure to timely file was due to a cause beyond the knowledge or control of the applicant, which cause shall be stated in such statement. Except for the time of filing, late applications must meet all requirements of sections
20.10.031 and
20.10.034 through
20.10.037.
(Ordinance 8160, sec. 1, adopted 3/12/1981; 1983 Code, sec. 16-329; Ordinance 8338, sec. 1(i), adopted 7/8/1982; Ordinance 2012-O0032, sec. 1, adopted 4/10/2012)
The city secretary may deny a permit under this article only
under the following circumstances:
(1) The applicant has failed to supply the information required in section
20.10.034 of this article, or, if applicable, the statement required by section
20.10.036 of this article;
(2) The applicant refuses to amend the route or time so as to comply with the provisions of section
20.10.035 of this article;
(3) The applicant has not paid the permit fee required by section
20.10.037 of this article; or
(4) There is another parade, demonstration or recreational street use
already scheduled for the same time and place.
(Ordinance 8160, sec. 1, adopted 3/12/1981; 1983 Code, sec. 16-328; Ordinance 8338, sec. 1(h), adopted 7/8/1982; Ordinance 2012-O0032, sec. 1, adopted 4/10/2012)
An applicant who is denied a permit may appeal such denial, in writing, within five (5) days from date of denial, to the permit and license appeal board of the city for hearing in accordance with provisions of article
2.03, division 3, of this code, except that in the case of appeals pursuant to this section, the permit and license appeal board shall hear such appeal as soon as possible and within not more than seven (7) working days of notification to the office of the city secretary. Further, a decision in said matter shall be made by the permit and license appeal board within twenty-four (24) hours of the close of said appeal hearing. The city agrees to expedite judicial determination of the matter in the event the applicant is dissatisfied with the decision of the permit and license appeal board.
(Ordinance 8160, sec. 1, adopted 3/12/1981; 1983 Code, sec. 16-330; Ordinance 8338, sec. 1(j), adopted 7/8/1982; Ordinance 2012-O0032, sec. 1, adopted 4/10/2012)