In this article, the following words shall have the following
meaning:
Applicant.
A person who has filed a written application for a special event permit pursuant to section
1-15-61.
Chief of police.
The chief of police of the city, or the chief’s designated
agent in the city police department.
Demonstration.
A public display of the attitude of assembled persons toward
a person, cause, issue, or other matter.
First amendment parade.
The assembly of ten or more pedestrians that will require special traffic controls, or five or more vehicles that will be operating at reduced speeds or require special traffic controls, for the common design and purpose of traveling or marching or otherwise traveling in procession from one location to any other location to express feelings and beliefs on current political, religious, or social issues. “First amendment parade” and “parade,” as referred to in division
3 of this article, are the same.
Person.
An individual, firm, partnership, corporation, association,
or other legal entity.
Sidewalk.
That portion of a street intended for the use of pedestrians
that is located between the curblines, or lateral lines of a roadway,
and the adjacent property lines.
Special event.
A temporary event or gathering which involves one (1) or
more of the following activities:
(1)
Any occurrence which takes place wholly or partially on city
property or right-of-way and could cause an interruption of traffic
or require special attention and involvement of city personnel such
as closing a street, directing traffic, or placing barriers or other
safety signs or devices;
(2)
Any occurrence on any property in the city that will affect
the owners and users of other property in the following ways:
(A)
Use of loudspeakers or sound amplifiers in a place that is not
completely enclosed in a building, and is within one hundred fifty
(150) feet of a single-family, duplex or multiple-family (multifamily)
dwelling;
(B)
Provide a fireworks display;
(C)
Disrupt traffic or parking on city streets in such a way that
it is necessary to assign police officers to the event, place safety
cones or other safety signs or equipment on a city street, or close
off a street;
(3)
A circus which includes performers, animals or other such means
of entertainment and is performed in the open, in a tent, or in any
other temporary structure, but does not include performances held
inside a permanent building or on government-owned property; or
(4)
A carnival which provides amusement rides, as defined in chapter
2151 of the Occupations Code, which includes mechanical rides or devices,
but not coin-operated rides or nonmechanical playground equipment,
and is not provided totally within a permanent building or on government-owned
property.
Special event parade.
The assembly of ten (10) or more pedestrians that will require
special traffic controls, or five (5) or more vehicles that will be
operating at reduced speeds or require special traffic controls, for
the common design of traveling or marching or otherwise traveling
in procession from one location to any other location for the purpose
of advertising, promoting, celebrating, or commemorating a thing,
person, date, or event that is not directly related to the expression
of feelings and beliefs on current political, religious, or social
issues. A special event parade is distinguishable by definition from
a first amendment parade. All provisions that apply to a special event
also apply to a special event parade.
Street.
The entire width between the boundary lines of every way
publicly maintained, when any part is open to the use of the public
for purposes of vehicular travel.
(Ordinance 96-67, sec. 1, adopted 10/22/96; Ordinance 98-06, sec. 1, adopted 1/27/98; 1957
Code, sec. 15D-1)
(a) A person
who violates a provision of this article or a requirement of a special
event permit or a parade permit is guilty of a separate offense for
each day or part of a day during which the violation is committed
or continued.
(b) Each
offense is punishable by a fine not to exceed two thousand dollars
($2,000.00).
(Ordinance 96-67, sec. 1, adopted 10/22/96; 1957 Code, sec. 15D-87)
(a) A person
commits an offense if that person:
(1) Commences or conducts a special event, including a special event
parade, without a special event permit;
(2) Fails to comply with any requirement or provision of a special event
permit or this article;
(3) Commences or conducts a first amendment parade without a first amendment
parade permit;
(4) Fails to comply with any requirement or provision of a first amendment
parade permit or this article;
(5) Obstructs, impedes or interferes with any first amendment parade
or special event, or with any person, vehicle or animal participating
in a first amendment parade or special event;
(6) Drives a vehicle in front of or between the persons or vehicles comprising
a first amendment parade or special event parade once the first amendment
parade or special event parade has begun;
(7) While riding in or on a parade vehicle, float or animal or otherwise
being a part of a first amendment parade or special event parade,
throws, drops, hands out or otherwise gives out any candy, other food
articles, toys, souvenirs or similar items to persons situated along
the parade route; or
(8) Commences or conducts a parade of any type that takes place wholly
or partially on city property or right-of-way and causes an interruption
of traffic or requires special attention and involvement of city personnel
such as closing a street, directing traffic, placing barriers, or
other safety signs or devices without a special event permit or first
amendment parade permit.
(b) If
conduct that would otherwise violate this section consists of speech
or other communication, in a gathering with others to hear or observe
such speech or communication, or in a gathering with others to picket
or otherwise express in a nonviolent manner a position on social,
economic, political, or religious questions, the person must be ordered
to move, disperse, or otherwise remedy the violation prior to the
person’s arrest or citation.
(c) The order required by subsection
(b) of this section may be given by a peace officer, a person with authority to control the use of the premises, or any person directly affected by the violation.
(d) It is a defense to prosecution under subsection
(a) that:
(1) In circumstances in which this section requires an order, no order
was given;
(2) An order, if given, was manifestly unreasonable in scope; or
(3) An order, if given, was promptly obeyed.
(e) The
provisions of this article are adopted in part for the purpose of
fire safety, public health and sanitation.
(Ordinance 96-67, sec. 1, adopted 10/22/96; 1957 Code, sec. 15D-86)