This article shall be known and may be cited as the parade ordinance of the city.
(Ordinance 95-2 adopted 9/12/95)
means the chief police of the city.
means any parade, march, ceremony, show, exhibition, pageant, or procession of any kind, or any similar display, in or upon any street, park or other public place in the city.
means a permit as required by this article.
means any person, firm, partnership, association, corporation, company or organization of any kind.
(Ordinance 95-2 adopted 9/12/95)
Any person, firm or corporation violating any of the provisions of this article shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in an amount in accordance with the general penalty provided in section 1.01.009 of this code and costs. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
(Ordinance 95-2 adopted 9/12/95; Ordinance adopting 2017 Code)
(a)
Interference.
No person shall unreasonably hamper, obstruct or impede, or interfere with any parade or parade assembly or with any person, vehicle or animal participating or used in a parade.
(b)
Driving through parade.
No driver of a vehicle shall drive between the vehicles, animals or persons comprising a parade when such vehicles or persons are in motion and are conspicuously designated as a parade.
(c)
Parking on parade route.
The chief of police shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a highway or part thereof constituting a part of the route of a parade. The chief of police shall post signs to such effect, and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof.
(Ordinance 95-2 adopted 9/12/95)
A person seeking issuance of a parade permit shall file an application with the chief of police on forms provided by such officer.
(1)
Filing period.
An application for a parade permit shall be filed with the chief of police not less than 30 days nor more than 60 days before the date on which it is proposed to conduct the parade.
(2)
Contents.
The application for a parade permit shall set forth the following information:
(A)
The name, address and telephone number of the person seeking to conduct such parade.
(B)
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.
(C)
The name, address and telephone number of the person who will be the parade chairman and who will be responsible for its conduct.
(D)
The date when the parade is to be conducted.
(E)
The route to be traveled, the starting point and the termination point.
(F)
The approximate number of persons who, and animals and vehicles which, will constitute such parade, the type of animals, and a description of the vehicles.
(G)
The hours when such parade will start and terminate.
(H)
A statement as to whether the parade will occupy all or only a portion of the width of the streets proposed to be traversed.
(I)
The location by streets of any assembly areas for such parade.
(J)
The time at which units of the parade will begin to assemble at any such assembly area or areas.
(K)
The interval of space to be maintained between units of such parade.
(L)
If the parade is designed to be held by and on behalf of or for any person other than the applicant, the applicant for such permit shall file with the chief of police a communication in writing from the person proposing to hold the parade, authorizing the applicant to apply for the permit on his behalf.
(M)
The length of time the applicant for the permit has been a resident of the city.
(N)
A statement as to whether the applicant for the permit or any agent or representative of the applicant who will participate under the permit has been convicted of a felony or other criminal offense involving moral turpitude.
(O)
Any additional information which the chief of police shall find reasonably necessary to a fair determination as to whether a permit should issue.
(3)
Late applications.
The chief of police, where good cause is shown therefor, shall have the authority to consider any application hereunder which is filed less than 30 days before the date such parade is proposed to be conducted.
(Ordinance 95-2 adopted 9/12/95)
(a)
The application shall be granted and the permit issued unless one or more of the following facts is found to exist:
(1)
That one or more of the statements in the application is untrue;
(2)
That the applicant or any agent or representative of the applicant who will participate under the permit has been convicted of a felony or other criminal offense involving moral turpitude;
(3)
That the applicant for the permit has not been a bona fide resident of the city;
(4)
The conduct of the parade will substantially interrupt the safe and orderly movement of other traffic contiguous to its route;
(5)
The conduct of the parade will require the diversion of so great a number of police officers of the city to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection to the city;
(6)
The conduct of such parade will require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of the city other than that to be occupied by the proposed line of march and areas contiguous thereto;
(7)
The concentration of persons, animals and vehicles at assembly points of the parade will unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such assembly areas;
(8)
The conduct of such parade will interfere with the movement of firefighting equipment en route to a fire;
(9)
The conduct of the parade is reasonably likely to cause injury to persons or property, to provoke disorderly conduct or to create a disturbance;
(10)
The parade is not scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route;
(11)
The parade is to be held for the sole purpose of advertising any product, goods or event, and is designed to be held purely for private profit.
(b)
In the event the conduct of the parade will require more police or other law enforcement officers than the city can reasonably provide, the application shall be denied unless:
(Ordinance 95-2 adopted 9/12/95)
The chief of police shall act upon the application for a parade permit within 10 days after the filing thereof. If the chief of police disapproves the application, he shall mail to the applicant, within 10 days after the date upon which the application was filed, a notice of his action, stating the reasons for his denial of the permit.
(Ordinance 95-2 adopted 9/12/95)
Any person aggrieved shall have the right to appeal the denial of a parade permit to the city council. The appeal shall be taken within 14 days after notice. The city council shall act upon the appeal within 14 days after its receipt.
(Ordinance 95-2 adopted 9/12/95)
The chief of police, in denying an application for a parade permit, shall be empowered to authorize the conduct of the parade on a date, at a time, or over a route different from that named by the applicant. An applicant desiring to accept an alternate permit shall, within 3 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 article.
(Ordinance 95-2 adopted 9/12/95)
Each parade permit shall state the following information:
(1)
Starting time;
(2)
Minimum speed;
(3)
Maximum speed;
(4)
Maximum 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;
(6)
The maximum length of the parade in miles or fractions thereof;
(7)
Such other information as the chief of police shall find necessary to the enforcement of this article.
(Ordinance 95-2 adopted 9/12/95)
(a)
Compliance with permit conditions and applicable laws.
A permittee hereunder shall comply with all permit directions and conditions and with all applicable laws and ordinances.
(b)
Possession of permit.
The parade chairman or other person heading or leading such activity shall carry the parade permit upon his person during the conduct of the parade.
(Ordinance 95-2 adopted 9/12/95)
The chief of police shall have the authority to revoke a parade permit issued hereunder upon any violation of the provisions of this article or of the standards for issuance as herein set forth.
(Ordinance 95-2 adopted 9/12/95)