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)
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)
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.
The chief of police of the city, or his designated representative.
Any assembly, march, demonstration, procession or motorcade
upon public streets within the city consisting of three (3) or more
persons, animals, or vehicles, or any combination thereof, with an
intent of attracting public attention, that interferes with or has
a tendency to interfere with the normal flow or regulation of traffic
upon public streets, 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 chief of police or his 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)
(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; or
(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.
(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)
(a)
The
chief of police shall determine whether and to what extent additional
police protection is reasonably necessary for the parade for traffic
control and public safety. The chief of police 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. As
additional police protection for the parade is deemed necessary by
the chief of police, he shall so inform the applicant for the parade
permit. The applicant then shall have the duty to secure the police
protection deemed necessary by approval of the chief of police.
(b)
In
the event the chief of police 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 shall so notify
the applicant. In such event, prior to the issuance of a parade permit,
the applicant and the chief of police shall agree upon the cost of
policing and cleaning and the closure of roads, and the applicant
shall pay that amount to the city upon being issued the parade permit.
Also, 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)
(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)
The chief of police 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)
Any parade which includes the use of a stage, seating, tent,
canopy, or other temporary structure shall meet the requirements of
the city’s 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.
(Ordinance 09-011-00 adopted 7/16/09)
Portable type sanitary facilities may be required if determined
to be necessary by the chief of police, and the applicant shall be
responsible for securing such facilities.
(Ordinance 09-011-00 adopted 7/16/09)
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)
(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)
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 chief of police. 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)
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 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)
(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)
(a)
An
application for a parade permit shall be filed with the chief of police
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)
(a)
A person seeking issuance of a parade permit shall file an application with the chief of police 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, the chief of police 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, 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 9:00
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 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)
A parade permit will be issued if, upon review of the application,
the chief of police 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 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; and
(Ordinance 09-011-00 adopted 7/16/09)
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
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 shall find necessary to the
enforcement of this division.
(Ordinance 09-011-00 adopted 7/16/09)
A permittee shall comply with all parade permit directions and
conditions and with all applicable laws and ordinances.
(Ordinance 09-011-00 adopted 7/16/09)
(a)
The
chief of police 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 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;
(9)
The applicant fails to submit a complete application or fails to
provide any additional information requested by the chief of police;
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)
The chief of police shall act upon an application for a parade
permit within seven (7) days after the filing thereof. If the chief
of police 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)
The chief of police, 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, file a written
notice of acceptance with the chief of police. 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)
