The following words, terms and phrases, when used in this division,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A person who has filed a written application for a parade
permit.
The chief of police or his designated representative.
Expressive activity protected by the First Amendment to the
Constitution of the United States, provided that such activity is
the primary purpose of the parade.
Any assembly, march, demonstration, procession or motorcade
upon public streets within the city consisting of three 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.
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.
The entire width of the publicly owned right-of-way.
(Ordinance 2018-17 adopted 7/3/18)
(a)
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.
(b)
Exceptions.
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 2018-17 adopted 7/3/18)
(a)
Except as provided below, an application for a parade permit shall
be filed with the city manager not less than 60 days before the proposed
parade date.
(b)
Applications for a parade permit filed with fewer than 60 days remaining before the parade are subject to being denied as untimely. Untimely applications are subject to the standards promulgated in section 18.07.095, may be considered when filed after the deadline prescribed in subsection (a) of this section, but may be subject to additional fees.
(Ordinance 2018-17 adopted 7/3/18)
(a)
A person seeking issuance of a parade permit shall file an application
with the city manager on forms provided by the city and shall pay
a nonrefundable application fee in the amount specified in a schedule
of fees adopted by the city council.
(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)
A detailed description of the purpose of the parade;
(5)
The name, address and telephone number of the person who will be
the parade chairperson;
(6)
The date when the parade is to be conducted;
(7)
The time when such parade will start and terminate, including the
time at which units of the parade will arrive in assembly area.
(8)
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;
(9)
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;
(10)
A statement as to whether the parade will occupy all or only a portion
of the width of the streets proposed to be used;
(11)
The time at which units of the parade will arrive at the assembly
area;
(12)
The interval of space to be maintained between units in the parade;
(13)
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;
(14)
Any sanitation facilities and an operations plan which may be needed
to keep the parade route and assembly areas clean and free from debris
and waste;
(15)
A description of any public facilities or equipment needed for the
parade, including first aid stations or portable restrooms;
(16)
A safety and security plan;
(17)
Copies of permits and agreements with all city departments other
than the police department shall be included with the application
for the parade permit; and
(Ordinance 2018-17 adopted 7/3/18)
A parade permit will be issued if, upon review of the application,
the chief of police finds that:
(1)
The parade may be conducted without substantially interrupting 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 normal fire and EMS protection of the city;
(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 unduly interfere with the efficient response
movement of firefighting equipment and services;
(6)
The parade is scheduled to move from its point of origin to its point
of termination without unreasonable delays;
(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 2018-17 adopted 7/3/18)
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
areas;
(4)
Maximum and minimum interval of space to be maintained between the
units of the parade;
(5)
Maximum number of individuals participating in the parade;
(6)
The portions of the streets to be traversed that may be occupied
by the parade; and
(7)
Such other information as the chief of police shall find necessary
to the enforcement of this division.
(Ordinance 2018-17 adopted 7/3/18)
(a)
Applicant shall submit evidence that sufficient parking will be available
to accommodate the projected number of participants and attendees
with a ten 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 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 2018-17 adopted 7/3/18)
A permittee shall comply with all parade permit directions and
conditions and with all applicable laws and ordinances.
(Ordinance 2018-17 adopted 7/3/18)
(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 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 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 or disrupt
the educational activities of a school when such school is in session.
(Ordinance 2018-17 adopted 7/3/18)
The city manager shall act upon an application for a parade
permit within seven days after the filing thereof. Any person aggrieved
shall have the right to appeal the denial of a parade permit to the
city council and such decision shall be final. If the decision is
for denial of the permit, the applicant may, within 24 hours after
receipt of said decision, appeal to the city council, presenting facts
why the denial should be reversed.
(Ordinance 2018-17 adopted 7/3/18)
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 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 2018-17 adopted 7/3/18)
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 2018-17 adopted 7/3/18)
Portable type sanitary facilities may be required if determined
to be necessary by the chief of police, and an applicant shall be
responsible for securing such facilities.
(Ordinance 2018-17 adopted 7/3/18)
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 300 feet from any developed residential or commercial districts.
(Ordinance 2018-17 adopted 7/3/18)
(a)
Any parade or related activity desiring use of water from the city
water system must coordinate with the appropriate city department
to obtain a temporary meter. Deposit for the meter and payment for
water used shall be in accordance with ordinances of the city.
(b)
An applicant shall submit a plan for the disposal of wastewater and
the plan shall be approved by the city manager.
(Ordinance 2018-17 adopted 7/3/18)
An applicant shall make appropriate 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, an 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 2018-17 adopted 7/3/18)
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 7:00 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 the city council.
(Ordinance 2018-17 adopted 7/3/18)
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 2018-17 adopted 7/3/18)
(a)
The chief of police shall determine whether and to what extent police
services are 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. If additional
police services for the parade are 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 services deemed
necessary by the chief of police. All police services shall be provided
by the city police department unless prior written approval is given
by the chief of police for the use of outside agencies.
(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 application. Prior to the issuance
of a parade permit, the applicant shall agree in writing to pay any
additional costs to the city within five days of the date upon which
the city informs the applicant of the amount of such additional costs.
(Ordinance 2018-17 adopted 7/3/18)
(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 the person knows a permit has
not been granted;
(3)
Knowingly 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)
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; or
(6)
Drives between the vehicles or persons comprising a parade.
(b)
A culpable mental state is not required for the commission of an offense under this section; therefore, it shall be subject to the penalty as provided for in section 1.01.009(a) of this code.
(c)
It is hereby determined that this section governs fire safety and public health and, therefore, any person violating or failing to comply with any of the provisions of this section, and, if it is shown at the time of trial that the conduct was intentional, it shall be subject to the penalty as provided for in section 1.01.009(b) of this code.
(Ordinance 2018-17 adopted 7/3/18)
