"Parade"
shall mean and includes any parade, procession, march, pageant, review, ceremony or exhibition consisting of persons, animals, or vehicles, or a combination thereof, which is conducted in, on, upon, or along any portion of any public street, sidewalk or other property owned or controlled by the City, so as to impede, obstruct, impair or interfere with the free use of such public street, sidewalk, or other public property of the City, except, however, as exempted in Section 11.34.140.
No person shall engage in, conduct, or carry on the activity of a parade in, or upon any City street, sidewalk, alley, park, public place or other public property that is owned or controlled by the City without a permit issued under the provisions of this chapter.
A. 
The application for a parade permit shall be filed at least five days prior to the date of the proposed parade with the Police Chief or the Police Chief's designee.
B. 
The application shall be accompanied by a nonrefundable permit application fee in the amount established by resolution of the City Council. The amount established by the City Council shall apply to all parades regardless of size or content of the parade.
C. 
Applications shall be upon a form furnished by the City. Each application form shall require full, complete and detailed information including, but not limited to, the following:
1. 
The name, address and telephone number of the person(s), entity or organization seeking to conduct the parade;
2. 
The name, address and telephone number of the headquarters of the organization, if any, and of the organizer or responsible head of such organization by whom or on whose behalf the parade is proposed to be conducted;
3. 
The name, address and telephone number of the person who will chair the parade and who will be responsible for its conduct;
4. 
The street or other public property and the specific area or areas which will be utilized in connection with the proposed parade, including the location of the proposed assembly area and disbanding area;
5. 
The approximate number of persons who will be participating in the proposed parade;
6. 
The hours when the parade will start and conclude;
7. 
The type of security arrangements that will be provided to assure that participants are properly directed;
8. 
A statement to be signed by the person seeking the permit that the permittee will hold harmless and indemnify the City, its elected official, officers, employees and agents from any damages which may arise as a result of the conduct of the parade or assembly for which the permit is sought by persons who were or reasonably should have been under the control of the permittee;
9. 
Any additional information that the City finds reasonably necessary to determine whether a permit should be issued. Such information shall be obtained through specific questions on the application form.
A. 
The following criteria shall apply to issuance or denial of a parade permit.
B. 
The permit shall be issued unless there is a finding that:
1. 
The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application;
2. 
The preparation for or the conduct of the parade will duly impair, obstruct, impair or interfere with the public's use of the street or other public property;
3. 
The parade will interfere with another parade for which a permit has been granted;
4. 
The proposed route or location of the parade traverses a street or other public right-of-way that was scheduled for maintenance, construction or repair prior to the application for that parade permit and the conduct of the parade would interfere with such maintenance, construction or repair or the maintenance, construction or repair would represent a threat to the health or safety of the participants in the parade;
5. 
The proposed area for the set-up or dispersal of a parade could not physically accommodate the number of participants expected to participate in the parade, as reflected in the application completed and submitted pursuant to the requirements of this chapter;
6. 
The parade would result in a violation of any federal, state or local law or regulation;
7. 
The parade or assembly is proposed to take place in the roadway portion of any street in a commercial zone between the hours of 8:00 a.m. and 10:00 a.m. or between the hours of 4:00 p.m. and 6:30 p.m., Monday through Friday, unless the parade or assembly will occur on a national holiday; or
8. 
The parade or assembly, by itself or in combination with other parades or assemblies, will require closure of the roadway portion of any street in a commercial zone for more than three hours in any one day between the hours of 7:00 a.m. and 8:00 p.m., Monday through Friday.
Applications shall be uniformly considered upon its merits and shall not be granted or denied based upon political or religious grounds or reason.
A. 
The permit shall be issued or denied by the Police Chief or the Police Chief's designee within two business days of the filing of the permit application, and the applicant shall be notified in writing.
B. 
If the permit is denied, the applicant shall be given written notice of the reasons for denial, and whether the parade could be authorized at alternative times, places, manner, or duration.
Any final decision may be appealed to the City Council by the applicant, permittee, or any person affected by the decision. Any appeal shall be filed with the City Clerk within two business days after notice of the decision. The Council shall act upon the appeal at the next regularly scheduled Council meeting held more than two days and less than 10 days after the filing of the appeal. If no such meeting is scheduled or if a regularly scheduled meeting is not held within such time, the Mayor shall call a special Council meeting to consider and act upon such appeal within 10 days after the filing of such appeal.
Each permit shall set forth the following information and conditions where applicable:
A. 
The name, address and telephone number of the person to whom the permit is issued.
B. 
The names, addresses and telephone numbers of the sponsoring organization, if any.
C. 
The date for which the parade is scheduled.
D. 
The name, address and telephone number of the chairperson of the parade.
E. 
The assembly area for the parade.
F. 
The starting time for the parade.
G. 
The minimum and maximum speeds at which the parade is to progress, if applicable.
H. 
The route which the parade will take (map of route to be attached).
I. 
The portions of the public streets, sidewalk of other public property to be traversed by the parade which may be occupied by such parade.
J. 
The maximum number of platoons or units in the parade and the maximum and minimum interval of space to be maintained between the units of such parade.
K. 
The maximum length of such parade in miles or factions thereof.
L. 
The disbanding area for the parade and the disbanding time.
M. 
The number of persons required to monitor or provide security for the parade.
N. 
The number and type of vehicles in the parade, if any.
O. 
The material and maximum size of any sign, banner, placard or carrying device therefor.
P. 
That permittee advise all participants in the parade, by written notice, of the terms and conditions of the permit, prior to the commencement of such parade.
Q. 
That the amplification of sound permitted to be emitted from sound trucks, or bull horns, be fixed at a level which is not unreasonably loud and not variable.
R. 
That the parade continue to move at a fixed rate of speed and that any willful delay or willful stopping of said parade, except when reasonably required for the safe and orderly conduct of the parade, shall constitute a violation of the parade permit and of this chapter.
S. 
Such other requirements as are found by the City or the City Council to be reasonably necessary for the protection of persons or property.
Any violation of the conditions of the permit shall be a violation of this chapter.
In addition to the payment of the non-refundable permit application fee, a permittee shall reimburse the City for all traffic control costs incurred in connection with diverting traffic due to the closure of streets. These costs shall be established by the City Council by resolution based on final invoices and billing from the specific department. No fee shall be charged based upon the need for security or increased police protection due to the nature of the parade or assembly.
No person shall knowingly join or participate in any parade conducted under permit from the City in violation of any of the terms of the permit, nor knowingly join or participate in any permitted parade without the consent and over the objection of the permittee, nor in any manner interfere with the progress or orderly conduct of any such parade.
A. 
Any permit for a parade issued hereunder may be summarily revoked by the City Council at any time when by reason of disaster, public calamity or other emergency, the City Council determines that the safety of persons or property demands such revocation. Notice of any meeting of the City Council for such purpose shall be given to applicant in the same matter as the members of the City Council are notified.
B. 
Any permit for a parade issued hereunder may be summarily revoked if the official designated by the City to act on the application determines that the applicant thereof or any agent, employee or associate of any such applicant or permittee has made any false or misleading statement in an application or has not fully complied with the requirements of this chapter or has violated any of the provisions of this chapter, the permit or the provisions of any other applicable law, rule or regulations.
The provisions of this chapter shall not apply to the following:
A. 
Funeral processions.
B. 
Spontaneous events occasioned by news or affairs coming into public knowledge within three days of such parade or assembly, provided that the organizers thereof give written notice to the City at least 24 hours prior to such parade or assembly. Such written notice shall contain all of the following information:
1. 
The name, address and telephone number of the person or persons seeking to conduct the parade or assembly.
2. 
The name, address and telephone number of the headquarters of the organization, if any, and of the organizer or responsible head of such organization by whom or on whose behalf the parade or assembly is proposed to be conducted.
3. 
The name, address and telephone number of the person who will chair the parade or assembly and who will be responsible for its conduct.
4. 
The location and date of the proposed parade or assembly, including the assembly area, disbanding area, and the route to be traveled.
5. 
An estimate of the approximate number of persons who will be participating in the parade or assembly and an estimate of the approximate number of persons who will be observing the parade or assembly.
6. 
The hours when the parade or assembly will start and conclude.
7. 
The type of security or other arrangements that will be provided to assure that participants are properly directed.
C. 
The Police Chief or the Police Chief's designee may require that any event exempted under subsection B of this section be limited to a portion of a street or right-of-way, provided that such limitation does not unreasonably limit or interfere with the conduct of the event or cause the event to violate any other provision of this chapter or any other federal, state or local law or regulation.
(Ord. 1192 § 1, September 15, 2003)