The proper and safe functioning of parades has a critical impact
on the safety and welfare of the public, because it involves the use
of the public streets of the city, often in circumstances necessitating
the closure of streets and the obstruction of traffic. Therefore,
the privilege of any person or organization to have a parade in the
city shall be subject to regulation and permits shall be required
in order to protect the health, safety and welfare of the public.
(Ordinance 09-011-00 adopted 7/16/09; Ordinance O-2024-031 adopted 5/16/2024)
Any person having a parade shall comply with all applicable
state laws. A failure to comply with applicable state laws is a violation
of this division.
(Ordinance 09-011-00 adopted 7/16/09; Ordinance O-2024-031 adopted 5/16/2024)
In this division, the following words and terms shall have the
following meanings ascribed to them, unless the context indicates
otherwise:
A person who has filed a written application for a parade
permit that will be a cooperative event with the city.
The city manager of the city, or designee.
The chief of police of the city, or designee.
A cooperative event with the city and may include local partners
including but not limited to: The Hutto Independent School District
and the Hutto Area Chamber of Commerce and shall include an organized
procession of people, traveling by whatever means, from one location
to any other location on a street or other public right-of-way or
anywhere else in the city in such a way as to impede the normal flow
or regulation of pedestrian or vehicular traffic which shall include
before, during or disassembly of the parade.
A person who has agreed with, or has the permission of, the
permittee to participate in a parade.
Written approval from the city manager or designated representative
for a parade.
The person to whom a parade permit is granted pursuant to
this division.
Any individual, sole proprietorship, assumed named entity,
partnership, association, corporation, organization or entity of any
nature.
The entire width of the publicly owned right-of-way.
(Ordinance 09-011-00 adopted 7/16/09; Ordinance O-2024-031 adopted 5/16/2024)
(a)
A person commits an offense under this division if he:
(1)
Stages, presents, or conducts any parade without first having
obtained a permit as herein provided;
(2)
Participates in a parade for which a permit has not been granted;
(3)
Fails to comply with any condition of the parade permit;
(4)
Rides, drives, or causes to be ridden or driven any animal or
any animal-drawn vehicle upon any public street, unless specifically
authorized by the parade permit;
(5)
Throws or distributes materials from the parade participants,
such as candy, trinkets and handbills;
(6)
Permits any person to stand on any vehicle in movement used
in conjunction with the parade before, during or after the parade;
(7)
Hampers, obstructs, impedes, or interferes with the parade,
except when reasonably required for the safe and orderly conduct of
the parade or for the safety and welfare of the general public;
(8)
Drives between the vehicles or persons comprising a parade;
(9)
Displays obscene or vulgar materials, including art, sound or
gestures, in a parade;
(10)
Is a permittee or a parade participant and consumes or uses
or allows the consumption or use of alcoholic beverages during a parade
or participates in a parade while intoxicated; or
(11)
Fails to follow established parade rules.
(b)
A culpable mental state is not required for the commission of
an offense under this division.
(Ordinance 09-011-00 adopted 7/16/09; Ordinance O-2024-031 adopted 5/16/2024)
(a)
The chief of police or designee shall determine whether and
to what extent additional police protection and the rules of safety
are reasonably necessary for the parade for traffic control and public
safety. The chief of police or designee shall base this decision on
the size, location, duration, time and date of the parade, the number
of streets and intersections blocked, and the need to detour or preempt
citizen travel and use of the streets and sidewalks.
(b)
As additional police protection for the parade is deemed necessary
the chief of police or designee shall inform the applicant for the
parade permit. The applicant then shall have the duty to secure the
police protection, as deemed necessary.
(c)
In the event the chief of police or designee determines, upon
a review of the application, that a parade may require the special
attention and involvement of city personnel or facilities, the chief
of police or designee shall notify the applicant. In such event, prior
to the issuance of a parade permit, the applicant and the chief of
police or designee shall agree upon the cost of policing, cleaning,
and the closure of roads, and the applicant shall pay that amount
to the city upon being issued the parade permit.
(d)
Prior to the issuance of a parade permit, the applicant shall
agree in writing to pay any additional costs to the city within five
(5) days of the date upon which the city informs the applicant of
the amount of such additional costs.
(Ordinance 09-011-00 adopted 7/16/09; Ordinance O-2024-031 adopted 5/16/2024)
(a)
The applicant shall submit evidence that sufficient parking
will be available to accommodate the projected number of participants
and attendees with a ten (10) percent surplus. If said parking is
to be on private property adjacent to the parade, written evidence
that the applicant has a right of possession of said property through
ownership, lease, license, or other property interest must be provided.
When the location is not an established parking area, a plan shall
be submitted which will show how the needed parking will be achieved
and arranged. The number of parking spaces and layout of the parking
area, including aisle widths, size of parking spaces and whether parking
attendants will be provided, shall be included in the submittal.
(b)
When adequate parking is not available at or immediately adjacent
to the site of the parade route, off-site parking may be used. Plans
shall be submitted which will show how off-site parking and transfer
of attendees will be accomplished.
(Ordinance 09-011-00 adopted 7/16/09; Ordinance O-2024-031 adopted 5/16/2024)
The chief of police or designee shall have the authority, when
reasonably necessary, to prohibit or restrict the parking of vehicles
along a street or highway or part thereof constituting a part of the
parade route by posting signs to such effect. It shall be unlawful
for any person to park or leave unattended any vehicle in violation
of the parking restrictions.
(Ordinance 09-011-00 adopted 7/16/09; Ordinance O-2024-031 adopted 5/16/2024)
Any parade which includes the use of a stage, seating, tent,
canopy, or other temporary structure shall meet the requirements of
the city's current international fire code and building code,
except that a separate permit is not required when a parade permit
has been obtained. Fire lanes for emergency equipment must be provided
and the site prepared in a manner so as not to be a fire hazard as
determined by the fire chief or designee.
(Ordinance 09-011-00 adopted 7/16/09; Ordinance O-2024-031 adopted 5/16/2024)
Portable type sanitary facilities may be required if determined
to be necessary by the city manager or designee, and the applicant
shall be responsible for securing such facilities.
(Ordinance 09-011-00 adopted 7/16/09; Ordinance O-2024-031 adopted 5/16/2024)
Waste from animals used in any such parade shall be removed
immediately following the completion of such parade. Should animals
be kept within the city limits at night, they shall be kept not less
than three hundred (300) feet from any developed residential or commercial
districts.
(Ordinance 09-011-00 adopted 7/16/09; Ordinance O-2024-031 adopted 5/16/2024)
(a)
Any parade or related activity desiring use of water from the
city water system must coordinate with the utilities department to
obtain a temporary meter. The deposit for the meter and payment for
water used shall be in accordance with ordinances of the city.
(b)
The applicant shall submit a plan for the disposal of wastewater,
and the plan shall be approved by the utilities department.
(Ordinance 09-011-00 adopted 7/16/09; Ordinance O-2024-031 adopted 5/16/2024)
The applicant shall be required to make arrangements for the
collection of all waste resulting from such parade, and commercial
solid waste dumpsters may be required if determined to be necessary
by the city manager or designee. If required, the applicant shall
make arrangements for the provision of such dumpsters with a commercial
solid waste disposal company currently having a franchise agreement
with the city.
(Ordinance 09-011-00 adopted 7/16/09; Ordinance O-2024-031 adopted 5/16/2024)
When loudspeakers will be used in conjunction with the parade,
the location and orientation of speakers shall be indicated along
with the planned hours of use. Speakers, which are positioned so as
not to adversely affect an adjacent residential district, may be used
between the hours of 8:00 a.m. and 9:00 p.m., when a parade permit
has been obtained. The chief of police or designee may modify the
time limit for use of such speakers when good cause is demonstrated
by the applicant. Any use of loudspeakers other than described shall
first obtain the approval of city council.
(Ordinance 09-011-00 adopted 7/16/09; Ordinance O-2024-031 adopted 5/16/2024)
(a)
No person shall engage in, participate in, aid, form or start
any parade unless a parade permit shall have been obtained from the
city.
(b)
This section shall not apply to:
(1)
Funeral processions.
(2)
Students going to and from school classes or participating in
educational activities, provided such conduct is under the immediate
direction and supervision of the proper school authorities and will
not interfere with the normal movement of traffic.
(3)
A government agency acting within the scope of its function.
(Ordinance 09-011-00 adopted 7/16/09; Ordinance O-2024-031 adopted 5/16/2024)
(a)
An application for a parade permit shall be filed with the city's
police department not less than thirty (30) days and no more than
ninety (90) days before the proposed parade date.
(Ordinance 09-011-00 adopted 7/16/09; Ordinance O-2024-031 adopted 5/16/2024)
(a)
A person seeking issuance of a parade permit shall file an application on forms provided by the city, which shall be accompanied with an application fee as provided in the fee schedule in appendix A of this code. In appropriate circumstances, city council shall have the authority to lower or waive the fee.
(b)
The application for a parade permit shall set forth the following
information:
(1)
The name, email, 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,
email, 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 full name, address, email, Texas Identification number 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 9:00 p.m. daily;
(7)
A detailed map with 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 of the property or his authorized representative;
(8)
The proposed location for parking area. If the parking area
is located on private property, the applicant shall submit written
permission from the owner or his authorized representative for allowing
parking on the property;
(9)
A statement as to whether the parade will occupy all or only
a portion of the width of the streets proposed to be used;
(10)
The time at which units of the parade will arrive at the assembly
area;
(11)
The interval of space to be maintained between units in the
parade;
(12)
The approximate number of participants in the parade and, if
applicable, the number and types of animals, vehicles or floats, including
maximum height and length, which will constitute such parade;
(13)
Any sanitation facilities which may be needed to keep the parade
route and assembly areas clean and free from debris and waste;
(14)
A description of any public facilities or equipment needed for
the parade, including first aid stations or portable restrooms;
(15)
Copies of permits and agreements with all city departments other
than the police department shall be included with the application
for the parade permit;
(16)
A description or illustration of any stage, seating, tent, canopy,
or other temporary structure needed for the parade sufficient in detail
to allow a determination to be made that such structures comply with
city's fire code and building code and showing fire lanes for
emergency equipment;
(17)
If loudspeakers will be used in conjunction with the parade,
the location and orientation of speakers shall be indicated along
with the planned hours of use; and
(Ordinance 09-011-00 adopted 7/16/09; Ordinance adopting Code; Ordinance O-2024-031 adopted 5/16/2024)
A parade permit will be issued if, upon review of the application,
the city manager or designee 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 the normal provision of 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 in 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; and
(Ordinance 09-011-00 adopted 7/16/09; Ordinance O-2024-031 adopted 5/16/2024)
Each parade permit shall state the following information:
(1)
Starting and ending time, including assembly time and cleanup
time;
(2)
Minimum and maximum speed;
(3)
A detailed map and description of the parade route and any assembly
or disbanding area(s);
(4)
Maximum and minimum interval of space to be maintained between
the units of the parade;
(5)
The portions of the streets to be traversed that may be occupied
by the parade; and
(6)
Such other information as the chief of police or designee shall
find necessary to the enforcement of this division.
(7)
Meeting the insurance requirements and listing the city as additionally
insured.
(Ordinance 09-011-00 adopted 7/16/09; Ordinance O-2024-031 adopted 5/16/2024)
The applicant shall comply with all parade permit directions,
safety rules, conditions and with all applicable laws and ordinances.
(Ordinance 09-011-00 adopted 7/16/09; Ordinance O-2024-031 adopted 5/16/2024)
(a)
The chief of police or designee 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 or safety rule
established by the police department;
(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 division
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 division 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 chief of police or designee;
(9)
The applicant fails to submit a complete application or fails
to provide any additional information requested by the city manager
or designee; 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 09-011-00 adopted 7/16/09; Ordinance O-2024-031 adopted 5/16/2024)
The chief of police or designee shall act upon an application
for a parade permit within seven (7) days after the filing thereof.
If the chief of police or designee does not approve the application,
he shall mail to the applicant a notice of this action stating the
reasons for the denial of 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 09-011-00 adopted 7/16/09; Ordinance O-2024-031 adopted 5/16/2024)
The chief of police or designee, in denying an application for
a parade permit, shall be empowered to authorize the parade on a date,
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 chief of police or
designee, file a written notice of acceptance with the chief of police
or designee. An alternate parade permit shall conform to the requirements
of, and shall have the effect of, a parade permit under this division.
(Ordinance 09-011-00 adopted 7/16/09; Ordinance O-2024-031 adopted 5/16/2024)
