(a)
Permit required.
No person shall engage in, participate
in, aid, form or start any parade unless a parade permit shall have
been obtained from the city.
(Ordinance 2610-442 adopted 10/9/06)
(a)
An
application for a parade permit shall be filed with the city manager
not less than twenty-one (21) days nor more than ninety (90) days
before the proposed parade date.
(Ordinance 2610-442 adopted 10/9/06)
(a)
A
person seeking issuance of a parade permit shall file an application
with the city manager on forms provided by the city, which shall be
accompanied with an application fee as set by the city council and
on file in the office of the city secretary.
(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 to be held for or by an organization, the name,
address, and telephone number of the headquarters of the organization,
and the name and address of the authorized representative of such
organization;
(3)
If the parade is to be held by or for any person other than the applicant,
the applicant shall file a written statement from that other person
showing authority to make the application;
(4)
The name, address, and telephone number of the person who will be
the parade chairperson and who will be responsible for its conduct;
(5)
The date when the parade is to be conducted;
(6)
The time when such parade will start and terminate, including the
time at which units of the parade will arrive in the assembly area;
parades may be conducted only between the hours of 7:00 a.m. and 10:00
p.m. daily;
(7)
The location by streets of the proposed parade route, the assembly
area, the initial starting point and the disbanding area for the parade.
If the assembly area, starting point and/or disbanding areas are located
on private property, the applicant shall submit written permission
for the holding of the activity from the owner or his authorized representative
of the property;
(8)
A statement as to whether the parade will occupy all or only a portion
of the width of the streets proposed to be used;
(9)
The time at which units of the parade will arrive at the assembly
area;
(10)
The interval of space to be maintained between units in the parade;
(11)
The approximate number of participants in the parade and, if applicable,
the number and types of animals and vehicles or floats (including
maximum height and length) which will constitute such parade;
(12)
Any sanitation facilities which may be needed to keep the parade
route and assembly areas clean and free from debris and waste;
(13)
A description of any public facilities or equipment needed for the
parade, including first aid stations or portable restrooms;
(Ordinance 2610-442 adopted 10/9/06; Ordinance adopting 2020 Code)
A parade permit will be issued if, upon review of the application,
the city manager finds that:
(1)
The
parade will not substantially interrupt the safe and orderly movement
of other traffic near its route;
(2)
The
parade will not require the diversion of so great a number of police
officers of the city to properly police the parade and the adjacent
areas, including parking areas, as to prevent normal police protection
of the city;
(3)
The
parade will not require the diversion of so great a number of fire
protection or emergency medical services (EMS) personnel so as to
prevent these services to portions of the city other than that to
be occupied by the proposed parade route and adjacent areas;
(4)
The
concentration of people, animals and vehicles at assembly points of
the parade will not unduly interfere with fire and police protection
of, or EMS services to, areas near such parade and assembly area;
(5)
The
parade will not interfere with the efficient response movement of
firefighting equipment and services en route to a fire;
(6)
The
parade is scheduled to move from its point of origin to its point
of termination without unreasonable delays en route;
(7)
The
conduct of the parade is not reasonably likely to cause injury to
persons or property;
(8)
Adequate
sanitation and other required health facilities are or will be made
available in or adjacent to any public assembly areas;
(9)
There
are sufficient parking places near the site of the parade to accommodate
the number of vehicles reasonably expected to be used in the parade
or the applicant has made adequate arrangements for off-site parking
and transfer of attendees and participants;
(11)
No parade permit application for the same time and location has already
been granted or has been received and will be granted;
(12)
No parade permit application for the same time but a different location
has already been granted or has been received and will be granted
and the emergency services resources required for that prior parade
are so great that, in combination with the subsequent proposed parade,
the resulting deployment of emergency services would have an immediate
and adverse effect upon the welfare and safety of persons or property;
and
(13)
No event is scheduled elsewhere in the city where the emergency services
resources required for that event are so great that the deployment
of emergency services for the proposed parade would have an adverse
effect upon the welfare and safety of persons or property.
(Ordinance 2610-442 adopted 10/9/06)
Each parade permit shall state the following information:
(1)
Date
of the parade;
(2)
Starting
and ending time, including assembly time and cleanup time;
(3)
Minimum
and maximum speed;
(4)
A
description of the parade route and any assembly or disbanding area(s);
(5)
Maximum
and minimum interval of space to be maintained between the units of
the parade;
(6)
The
portions of the streets to be traversed that may be occupied by the
parade;
(7)
The
name of the permittee and the parade chairperson; and
(8)
Such
other information as the city manager shall find necessary to the
enforcement of this article.
(Ordinance 2610-442 adopted 10/9/06)
An applicant for a parade permit must execute a written agreement
to indemnify the city and its officers and employees against all claims
of injury or damage to persons or property, whether public or private,
arising out of the parade. This indemnification shall include the
following statement or its substantial equivalent:
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Applicant/Permittee shall defend, protect and keep
the City forever harmless and indemnified against and from any penalty,
or any damage, or charge, imposed for any violation of any law, ordinance,
rule or regulations arising out of the use of the property or participation
in the Parade by the Applicant/Permittee or its invitees, whether
occasioned by the neglect of Applicant/Permittee, its employees, officers,
agents, contractors, or assigns or those holding under Applicant/Permittee.
Applicant/Permittee shall at all times defend, protect, and indemnify
and it is the intention of the parties hereto that Applicant/Permittee
hold the City harmless against and from any and all loss, cost, damage,
or expense, including attorney’s fees, arising out of or from
any accident or other occurrence on or about the property causing
personal injury, death or property damage resulting from use of property
or participation in the Parade by Applicant/Permittee, its agents,
employees, customers and invitees. Applicant/Permittee shall at all
times defend, protect, indemnify and hold the City harmless against
and from any and all loss, cost, damage, or expense, including attorney’s
fees, arising out of or from any and all claims or causes of action
resulting from any failure of Applicant/Permittee, its officers, employees,
agents, contractors or assigns in any respect to comply with and perform
all the requirements and provisions hereof.
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(Ordinance 2610-442 adopted 10/9/06)
(a)
A
permittee shall comply with all parade permit directions and conditions
and with all applicable laws and ordinances and shall make all reasonable
efforts to ensure that all participants comply with all parade permit
directions and conditions and with all applicable laws and ordinances.
(b)
The
parade chairperson or other person coordinating, heading or leading
such activity shall carry the parade permit upon his person during
the conduct of the parade.
(c)
The
permittee shall advise all participants in the parade, either orally
or by written notice, of the terms and conditions of the permit, including
the contents of this article, prior to the commencement of such parade.
(Ordinance 2610-442 adopted 10/9/06)
(a)
The
city manager may deny a parade permit if:
(1)
The parade will conflict in time and location with another parade
or other special event for which a permit has already been granted;
(2)
The applicant fails to comply with or the parade will violate an
ordinance of the city or any other applicable law;
(3)
The applicant makes or permits the making of a false or misleading
statement or omission of material fact on an application for a parade
permit;
(4)
The applicant has been convicted of violating this article or has
had a parade permit revoked within the preceding twelve (12) months;
(5)
The applicant has previously failed to pay previous parade fees or
police protection charges;
(6)
The applicant fails to provide proof of a license or permit required
by this article or another city ordinance or by state law;
(7)
The parade, in the opinion of one (1) or more city departmental directors,
would severely hinder or compromise the delivery or performance of
normal services, including previously scheduled construction or maintenance
services, or emergency services, or constitutes a public threat;
(8)
The applicant is unable or unwilling to pay any additional costs
as may be required by the city manager;
(9)
The applicant fails to submit a complete application or fails to
provide any additional information requested by the city manager;
or
(10)
The proposed date or time for the parade or the location of the parade
or parking for such parade would substantially interfere with or disrupt
the educational activities of a school when such school is in session.
(Ordinance 2610-442 adopted 10/9/06)
The city manager shall act upon an application for a parade
permit within seven (7) days after the filing thereof. If the city
manager does not approve the application, he shall mail to the applicant
a notice of this action stating the reasons for the denial of the
parade permit within three (3) days after the date of the denial.
Any person aggrieved shall have the right to appeal the denial of
a parade permit to the city council. The council shall hear the appeal
as soon as practicable and its decision shall be final.
(Ordinance 2610-442 adopted 10/9/06)
The city manager, in denying an application for a parade permit,
shall be empowered to authorize the parade on a date or time or over
a route different from that named by the applicant. An applicant desiring
to accept an alternate permit shall, within five (5) days after notice
of the action of the city manager, file a written notice of acceptance
with the city manager. An alternate parade permit shall conform to
the requirements of, and shall have the effect of, a parade permit
under this article.
(Ordinance 2610-442 adopted 10/9/06)
(a)
The
city manager shall have the authority to revoke a parade permit immediately
under the following circumstances:
(1)
Upon violation of the conditions or standards for issuance as set
forth in this article;
(2)
When a public emergency arises for which the emergency resources
required are so great that deployment of emergency services for the
parade would have an adverse effect upon the welfare and safety of
persons or property;
(3)
Upon violation by persons in the parade of any law of the state or
ordinance of the city or the commission by any person therein of a
breach of the peace;
(4)
Upon violation of the express terms or conditions of the parade permit;
or
(5)
Upon discovery of any false and material statement or representation
on the application.
(b)
Notice
of the revocation shall be given to the permittee or the parade chairperson
as soon as practicable.
(Ordinance 2610-442 adopted 10/9/06)
