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)
