This article shall be known as and may be cited as the ordinance providing for safe and orderly conduct on public streets, places and rights-of-way within the city.
(Ordinance 90-06-12-1, sec. 1, adopted 6/12/90)
For purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them:
A social gathering in which all or a portion of a public street is blocked off or used as the location of the party.
The city manager appointed by the city council.
An organized procession of persons or demonstrators supporting, protesting or displaying their feelings toward a person, cause or thing.
A parade or procession of any kind or similar display consisting of ten (10) or more persons, animals or vehicles, or combination thereof, upon any public street, sidewalk, recreational path or other public place within the corporate limits of the city, which does not comply with normal and usual traffic regulations or controls. The word “parade” shall include, but not be limited to, any march, street dance, race, rally, concert, demonstration, picketing or other similar activity occurring upon any public street, sidewalk, recreational path or other public place within the city, and similar events held on property adjacent to such streets, sidewalks, recreational paths and other public places when such activity requires the closing of said public ways or creates an undue traffic hazard.
A permit required by this article.
The stationing of one or more persons in the vicinity of a particular place for the purpose of presenting a cause to the public.
(Ordinance 90-06-12-1, sec. 2, adopted 6/12/90; Ordinance 94-07-12-3 adopted 7/12/94)
Any person who violates any provision of this article shall be fined no more than $500.00, and every occurrence of the doing of any act or thing prohibited or the neglect or refusal to do any act or thing required by this article shall constitute a separate offense; provided, however, that if any offense under this article shall constitute the same or a similar offense under state law, and the penalty provided for herein differs from the maximum penalty authorized under state law for that same or a similar offense, such offense shall be prosecuted under the relevant state statute and the penalties provided for therein shall apply.
(Ordinance 90-06-12-1, sec. 11, adopted 6/12/90)
(a)
It shall be unlawful for any person participating in any parade for which a permit has been issued hereunder to fail to comply with all directives and conditions of such permit and all applicable laws and ordinances.
(b)
This article shall not be construed to authorize the use of public streets, sidewalks, recreational paths or other public places for parades, processions or similar activities for which no parade permit is required hereunder except in exact compliance with the laws of the state and other ordinances of the city applicable thereto, and any person who violates such other laws and ordinances shall be punished according to the provisions thereof.
(Ordinance 90-06-12-1, sec. 8, adopted 6/12/90)
(a)
No person shall unreasonably hamper, obstruct, impede or interfere with any parade or parade assembly or with any person, vehicle or animal participating or used in a parade.
(b)
No driver of a vehicle shall drive between the persons, vehicles or animals comprising a parade when the persons, vehicles or animals are in motion and are conspicuously designated as being part of a parade.
(c)
The chief of police shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along any highway, street or road or part thereof constituting a part of the route of a parade. The chief of police may post signs to such effect, and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof.
(Ordinance 90-06-12-1, sec. 9, adopted 6/12/90)
In order to protect and preserve the home and assure that members of the community enjoy in their homes a feeling of well-being, tranquility and privacy, it shall be and is unlawful for any person or persons to engage in picketing before or about the residence or dwelling of an individual within the corporate limits of the city.
(Ordinance 90-06-12-1, sec. 10, adopted 6/12/90)
(a)
It shall be unlawful for any person, group or organization to conduct a parade in or upon any public street, sidewalk, recreational path or other public place within the city, or to knowingly participate in any such parade, unless and until a parade permit to conduct such parade has been obtained from the city manager or his representative or, as hereinafter provided, from the city council.
(b)
This section shall not apply to:
(1)
Funeral processions;
(2)
Students going to and from 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; or
(4)
Picketing involving fewer than ten (10) persons.
(Ordinance 90-06-12-1, sec. 3, adopted 6/12/90; Ordinance 94-07-12-3 adopted 7/12/94)
(a)
A person, group or organization seeking a parade permit shall file an application therefor with the city manager or his representative on a form provided by the city manager or his representative. The fee for such permit shall be as provided in the fee schedule in appendix A of this code, payable at the time of the filing of the permit application.
(b)
An application for a parade permit shall be filed not less than ten (10) days before the date on which the parade is proposed to be conducted.
(c)
The permit application shall contain the following information:
(1)
The name, address and telephone number of the person seeking to conduct the 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 chairperson;
(4)
The date the parade is proposed to be conducted;
(5)
The route to be traveled, the starting point and the termination point;
(6)
The approximate number of persons who, and animals and vehicles which, will constitute the parade, and the type of animals and description of the vehicles;
(7)
The hours the 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 or sidewalks proposed to be traversed;
(9)
The location by streets of any assembly areas for the parade;
(10)
The time the 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 the parade;
(12)
If the parade is to be held by or on behalf of any person other than the applicant, a written communication from the person proposing to hold the parade authorizing the applicant to apply for the permit on his behalf;
(13)
Any additional information the city manager or his representative deems reasonably necessary in order to fairly determine whether a permit should be issued and under what conditions.
(Ordinance 90-06-12-1, sec. 4, adopted 6/12/90; Ordinance 94-07-12-3 adopted 7/12/94)
(a)
The city manager or his representative shall issue a parade permit when, from a consideration of the application and from such other information as may be otherwise obtained, he or she finds that:
(1)
The conduct of the parade will not substantially interrupt the safe and orderly movement of other traffic within the city and along the parade route, both vehicular and pedestrian;
(2)
The conduct of the parade will not require the diversion of so great a number of police officers of the city to properly police the line of movement to prevent normal police protection to the city;
(3)
The conduct of the parade and the concentration of persons, animals or vehicles at the assembly points of the parade will not unduly interfere with proper fire and police protection or ambulance service; and
(4)
The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route.
(b)
The city manager or his representative shall be authorized to modify the route, time and manner of conduct of a proposed parade as may be deemed necessary to protect the safety and welfare of the public, including the preservation of access to public buildings and the maintenance of vehicular and pedestrian traffic flow, provided that the permit applicant’s right of free speech and assembly are not denied thereby.
(c)
No parade permit shall be issued if the city manager or his representative determines that the parade is proposed to be held for the sole purpose of advertising any product, goods, wares or merchandise and is designed to be held purely for private profit.
(Ordinance 90-06-12-1, sec. 5, adopted 6/12/90; Ordinance 94-07-12-3 adopted 7/12/94)
(a)
Each parade permit shall contain the following:
(1)
The assembly area and time therefor;
(2)
The date and starting time;
(3)
The route of the parade;
(4)
The portions of the streets that may be occupied;
(5)
The maximum number of units and the maximum and minimum intervals of space to be maintained between the units;
(6)
The disbanding area and disbanding time;
(7)
The number of law enforcement officers required to monitor and control traffic;
(8)
The requirement that the materials used in the construction of floats used in the parade be of fire-retardant materials and that said floats be subject to such requirements concerning fire safety as may be determined;
(9)
The requirement that the permittee advise all participants in the parade, either orally or by written notice, of the terms and conditions of the permit prior to the commencement of the parade; and
(10)
Such other requirements as are found by the city manager or his representative to be reasonably necessary for the protection of persons or property.
(b)
The parade chairman or other person heading or leading the parade shall carry the parade permit upon his person during the conduct of the parade.
(Ordinance 90-06-12-1, sec. 6, adopted 6/12/90; Ordinance 94-07-12-3 adopted 7/12/94)
(a)
The city manager or his representative shall, within three (3) days of the receipt of the parade permit application, notify the applicant in writing, either through personal service or certified mail, return receipt requested, that the permit has been granted or denied, and, if denied, the reasons for the denial. The notice shall specify any restrictions or conditions upon the conduct of the parade imposed by the city manager or his representative.
(b)
The decision of the city manager or his representative denying or imposing conditions or restrictions upon the conduct of the parade may be appealed to the city council by the filing of a written notice of appeal with the city secretary within three (3) days of receipt of the notice described in subsection (a) of this section. The city council shall promptly consider such appeal and, when time constraints require, may call a special meeting to do so.
(Ordinance 90-06-12-1, sec. 7, adopted 6/12/90; Ordinance 94-07-12-3 adopted 7/12/94)