The primary purpose of the public streets, sidewalks, and other public ways is for use by vehicular and pedestrian traffic. Processions, parades and assemblies are part of the American heritage. Reasonable regulation promotes public health and safety by allowing the orderly management and control of such activities so as not to imperil residents, visitors, or participants. The regulations contained in this article are not intended in any way to prohibit or hamper speech that is protected by the constitution of both the United States and the State of Texas but merely to regulate specific activities relative to processions, parades and assemblies that can, if not managed, interfere or disrupt the normal flow of vehicular and pedestrian traffic on public ways. This entire article is and shall be deemed an exercise of police authority of the state and of the city.
(Ordinance 321-11-04-12 adopted 4/12/11)
The following word, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Assembly.
A group of persons, seven or more, that have congregated on a public highway, street or thoroughfare, so as to interfere or disrupt the normal follow of vehicular or pedestrian traffic.
Parade.
The assembly of ten or more pedestrians that will require special traffic controls, or five or more vehicles that will be operating at reduced speeds or require special traffic controls, for the common design and purpose of traveling or marching or otherwise traveling in procession from one location to any other location.
Procession.
An organized group of persons moving along, by whatever means, in an organized manner on any public highway, street or public thoroughfare in such a way as to impede or disrupt the normal flow or regulation of vehicular or pedestrian traffic. A procession may include a march or rally.
Procession permit.
The procession permit issued by the city.
Public way.
A public highway, street or thoroughfare in the city.
(Ordinance 321-11-04-12 adopted 4/12/11)
No person or group shall engage in a parade, procession or assembly on any public way in the city without having first obtained a procession permit from the city. No person shall participate in a parade prior to full compliance with the provisions of this article. The chief of police shall inform council concerning the granting and issuance of any parade permit. The granting of a permit shall not constitute an endorsement of the applicant by the city.
(Ordinance 321-11-04-12 adopted 4/12/11)
This article shall only apply to public streets, highways and thoroughfares in the city. No parade permit shall be required for the following:
(1) 
Military or government-sponsored events.
(2) 
Funeral processions proceeding by vehicle utilizing public streets and highways from a funeral home, church or residence of a deceased person to the place of service or interment.
(3) 
Sidewalk processions that observe and comply with traffic regulations and traffic-control devices utilizing the sidewalk but at no time on public streets.
(Ordinance 321-11-04-12 adopted 4/12/11)
(a) 
A person or group desiring a procession permit shall submit a completed application to the city at least 30 days prior to the date of the event. The chief of police will review the request and make a recommendation to the city manager. The city manager will approve or deny the request. The application shall be provided by the city.
(b) 
The parade application shall contain the following information:
(1) 
The name, address and telephone number of the applicant and of any persons, organizations, firms or corporations on whose behalf the application is made.
(2) 
Date requested for the parade and the proposed schedule of start and stop times.
(3) 
The specific route (include a map) to be traveled including city, county, highway numbers, and physical location, and the starting and termination points.
(4) 
A brief description of the proposed activities, including the proposed placement of event staff and equipment on the right-of-way.
(5) 
The estimated number of persons to participate in the parade.
(c) 
Staging areas for the start of the parade and disassembly areas at the termination point must be designated and fully described. Applicant must sign a statement that all staging and disassembly areas on private or public property have been approved by the owner/manager of the property. The name, address and phone numbers for the owner/manager authorizing the use of property must be included in the application, including without limitation, public rights-of-way and property operated by the city, if applicable.
(d) 
A signed statement ensuring that the applicant will be responsible for the ground maintenance of the assembly and disassembly areas that occur in public rights-of-way, including without limitation, cleaning and removal of animal droppings.
(Ordinance 321-11-04-12 adopted 4/12/11; Ordinance 397, sec. II(B), adopted 9/8/15)
(a) 
If a permit is denied, the applicant may appeal the decision to city council. The appeal shall be taken by sending a letter to the city secretary requesting that the city council hear an appeal of the decision to deny a parade permit. The letter must be sent by certified mail or hand delivered to the city secretary at city hall and must be received by the city secretary within 10 days from the date on which the applicant received notice of the denial of the application for a parade permit. The city council must render a decision on said appeal at the next regularly scheduled council meeting.
(b) 
Application may be denied for the following:
(1) 
The applicant fails to provide complete information on the application required under this article.
(2) 
The movement of the parade will conflict in time and location with another parade or event for which a permit has previously been granted.
(3) 
The parade could damage roadways or other facilities of the city.
(4) 
The applicant has not paid the permit fee and estimated traffic control and security fees.
(5) 
The applicant refuses to sign a statement ensuring that the parade assembly and disassembly will be directed and orderly so as not to block or interfere with traffic flows.
(Ordinance 321-11-04-12 adopted 4/12/11)
(a) 
The permit shall cost $25.00.
(b) 
The person or group receiving the permit shall bear the responsibility for any traffic control, security, insurance, and clean up, as well as the expense of these duties. The chief of police shall determine the appropriate measures necessary for these duties, and determine costs to the city for any services provided by the city. The costs to the city beyond normal coverage and manpower will be paid by the person or group receiving the procession permit.
(c) 
The permit cost and related expenses may be fully or partially waived by the city manager.
(Ordinance 321-11-04-12 adopted 4/12/11; Ordinance 397, sec. II(B), adopted 9/8/15)
Engaging in a procession, parade or assembly without a procession permit is a violation of this article and punishable by a fine not to exceed $500.00. Each and every day of the event shall constitute a separate and distinct offense.
(Ordinance 321-11-04-12 adopted 4/12/11)
The procession permit may be cancelled by the police chief or the city manager at any time if there is a threat to the safety and security of city residents, or to participants in the event.
(Ordinance 321-11-04-12 adopted 4/12/11; Ordinance 397, sec. II(B), adopted 9/8/15)
The permit is valid for the time period of the scheduled event, but no more than three days.
(Ordinance 321-11-04-12 adopted 4/12/11)
An applicant and/or sponsors and/or any other individual or entity reasonable required by the city must execute a written indemnity agreement, in the form and substance required by the city, indemnifying and holding harmless, the city and its officers and employees and parties in interest with the city against all claims, damages, or causes or action arising from the parade or application resulting in injury, damage or death to persons or property, whether public or private. The applicant shall take all reasonable measures necessary to protect the parade participants. Insurance shall be furnished prior to the parade and when required by the city manager or city manager’s designee in the form, substance, and limits required by the city manager or city manager’s designee.
(Ordinance 321-11-04-12 adopted 4/12/11; Ordinance 397, sec. II(B), adopted 9/8/15)
Each person filing an application for a parade permit shall provide the city with a certificate of insurance evidencing that said person maintains insurance which will protect that person and the city from claims for damages for personal injury, including accidental death, as well as claims for property damages which may arise from the conduct of the parade. Excluded from any claim for damages will be damages related to persons objecting to the content of the proposed or actual message of the applicant. The amounts of public liability insurance shall be in an amount of not less than $1,000,000.00 for injuries, including accidental death, to any one person and property damage insurance in an amount of not less than $1,000,000.00. The certificate of insurance shall name the city as an additional insured and shall be provided by an insurance company authorized to do business in the state and acceptable to the city.
(Ordinance 321-11-04-12 adopted 4/12/11)