As used in this article:
means a person who has filed a written application for a
parade permit.
means the chief of police of the city, or his designated
representative.
means any assembly, march, demonstration, procession or motorcade
upon public thoroughfares 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 thoroughfares.
means written approval from the chief of police or his designated
representative for a parade or procession.
means the person to whom a parade permit is granted pursuant
to this article.
means any individual, assumed named entity, partnership,
association, corporation or organization.
means that portion of a street between the curb lines or
lateral lines of a roadway and the adjacent property lines intended
for the use of pedestrians.
means the entire width between the boundary lines of every
way publicly maintained when any part thereof is open to the use of
the public for purposes of vehicular travel.
(Ordinance 2002-01-02, sec. 1-38,
adopted 1/3/02)
Any person, as that term is defined in this article, who violates any of the provisions of this article shall be guilty of a misdemeanor and upon conviction in the municipal court shall be subject to a fine in accordance with the general penalty provided in section 1.01.009 of this code for each offense, and each and every day any such violation shall continue shall be deemed to constitute a separate offense. A violation of any section or subsection shall constitute and be deemed a separate offense from a violation of another section or subsection, whether or not said violations occurred during the same incident.
(Ordinance 2002-01-02, sec. 1-50,
adopted 1/3/02; Ordinance adopting
2018 Code)
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 2002-01-02, sec. 1-47,
adopted 1/3/02)
(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 event, the number
of streets and intersections blocked, and the need to detour or preempt
citizen travel and use of the streets and sidewalks. If possible without
disruption of ordinary police services or compromise of public safety,
regularly scheduled on-duty personnel will police the event. If additional
police protection for the public assembly is deemed necessary by the
chief of police, he shall so inform the applicant for the permit.
The applicant then shall have the duty to secure the police protection
deemed necessary by 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 permit for
the parade, 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 permit for a parade, 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 2002-01-02, sec. 1-48,
adopted 1/3/02)
(a)
It shall be unlawful for any person to stage, present, or conduct
any parade without first having obtained a permit as herein provided.
(b)
It shall be unlawful for any person to participate in a parade for
which the person knows a permit has not been granted.
(c)
It shall be unlawful for any person in charge of, or responsible
for the conduct of, a duly licensed parade to knowingly fail to comply
with any condition of the permit.
(d)
It shall be unlawful for any person to ride, drive, or cause to be
ridden or driven any animal or any animal-drawn vehicle upon any public
street, unless specifically authorized by the permit.
(Ordinance 2002-01-02, sec. 1-49,
adopted 1/3/02)
(a)
Permit 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 article 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 2002-01-02, sec. 1-39,
adopted 1/3/02)
A person seeking issuance of a parade permit shall file an application
with the city police department on forms provided by the city police
department.
(1)
Filing period.
An application for a parade permit shall
be filed with the city police department not less than fifteen (15)
days nor more than three hundred sixty-five (365) days before the
proposed parade date.
(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 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 head(s) of such organization.
(C)
If the parade is to be held by or on behalf of any person other than
the applicant, the applicant shall file a notarized statement from
that other person showing authority to make the application.
(D)
The name, address, and telephone number of the person who will be
the parade chairperson and who will be responsible for its conduct.
(E)
The purpose of the parade.
(F)
The date when the parade is to be conducted.
(G)
The time when such parade will start and terminate.
(H)
The location by streets of the proposed parade route, the initial
starting point and the disbanding area for the parade. If the 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.
(I)
A statement as to whether the parade will occupy all or only a portion
of the width of the streets proposed to be used.
(J)
The time at which units of the parade will arrive at the assembly
area.
(K)
The interval of space to be maintained between units in the parade.
(L)
The approximate number of participants in the parade.
(M)
Any sanitation facilities which may be needed to keep the parade
route and assembly areas clean and free from debris.
(N)
A description of any public facilities or equipment needed for the
parade.
(Ordinance 2002-01-02, sec. 1-40,
adopted 1/3/02)
A parade permit will be issued if, upon review of the application,
the police chief 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 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 so as to prevent these
services to portions of the city other than that to be occupied by
the proposed line of march and adjacent areas.
(4)
The concentration of persons, animals and vehicles at assembly points
of the parade will not unduly interfere with fire and police protection
of, or emergency medical service 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.
(Ordinance 2002-01-02, sec. 1-41,
adopted 1/3/02)
Each parade permit shall state the following information:
(1)
Starting and ending time.
(2)
Minimum and maximum speed.
(3)
A description of the parade route and any assembly 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.
(6)
Such other information as the chief of police shall find necessary
to the enforcement of this article.
(Ordinance 2002-01-02, sec. 1-42,
adopted 1/3/02)
A permittee shall comply with all permit directions and conditions
and with all applicable laws and ordinances.
(Ordinance 2002-01-02, sec. 1-43,
adopted 1/3/02)
(a)
The chief of police may deny or revoke 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;
(4)
The applicant has had a permit revoked within the preceding twelve
(12) months;
(5)
The applicant has previously failed to pay previous parade fees or
police protection charges.
(Ordinance 2002-01-02, sec. 1-44,
adopted 1/3/02)
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 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 2002-01-02, sec. 1-45,
adopted 1/3/02)
The chief of police, in denying an application for a parade
permit, shall be empowered to authorize 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
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 article.
(Ordinance 2002-01-02, sec. 1-46,
adopted 1/3/02)
Fees for any permit as enumerated in this article shall be set
by executive order of the mayor and shall be effective 30 days after
posting in the city secretary’s office, and are as set forth
in the fee schedule in appendix A of this code.
(Ordinance 2002-01-02, sec. 1-51,
adopted 1/3/02; Ordinance adopting
2018 Code)
