City of Springfield, OR PARADES

No person shall engage in, participate in, aid, form or start any parade unless a parade permit is obtained from the chief of police.

This section does not apply to:

Funeral processions.

Students going to and from school classes or participating in educational activities, providing the conduct is under the immediate direction and supervision of the proper school authorities.

A governmental agency acting within the scope of its functions.

Activities under the auspices of, sponsored by, authorized or permitted by a governmental agency to be conducted primarily upon property under the control of such other governmental agency.

If the parade is part of or will include a special event as that term is defined in this code, then a special event permit shall also be required in addition to the parade permit. The city may require other permits if the parade is a part of or will include other activities requiring permits or licenses under the applicable sections of the code. A determination of whether other permits are required shall be made during the review process under section 6.525.

6.515 Application.

Applications for parade permits shall be made in writing to the chief of police on a form supplied by the city at least 30, but not more than 90, business days prior to the intended date of the parade, unless the application processing interval is increased or waived pursuant to section 6.520. The application shall be submitted with a nonrefundable application fee to be set by resolution of the council. The application fee shall be waived by the chief of police for indigent applicants. The chief of police shall require an indigent applicant to sign an oath of indigency on behalf of the person, firm, partnership, association, corporation, company or organization of any kind that is applying for the parade permit.

Applications shall include the following information:

The name, address and telephone number of the person responsible for the proposed parade;

The date of the proposed parade;

The desired route including assembling points;

The number of persons, vehicles, and animals that will be participating in the parade;

(e)

The proposed starting and ending time;

(f)

The signature of the person designated as chairperson;

(g)

Any arrangements the applicant has made with respect to traffic control, parking, fire suppression, restrooms, use of city facilities, crowd control and blocking of any streets, alleys or sidewalks;

(h)

The applicant’s arrangements for litter control, site cleanup and trash removal; and

(i)

Whether or not the applicant has obtained liability insurance for the event. If such insurance has been obtained, the application shall indicate the policy face amount, the policyholder, and all additional insured loss payees.

The chief of police may require other information as the chief deems reasonably necessary to determine that the permit meets the requirements of sections 6.505 to 6.555.

6.520 Increase or Waiver of Processing Time.

The chief of police shall base the decision to waive or increase the application processing interval on the following criteria:

Whether the size of the proposed parade is such that additional city resources are required and scheduling of resources requires further time;

Whether additional time is needed for parade organizers to inform the public of the proposed parade in order to avoid public inconvenience;

Whether additional time is needed to determine whether public safety will be endangered or the general public will be seriously inconvenienced by the proposed parade;

(4)

Whether additional time is needed to consider an alternate route, time, or date for the proposed parade; and

(5)

Whether the parade is part of a special event or other activity requiring a permit needing a longer processing time for approval.

6.525 Issuance or Denial of Permit.

Upon receipt of an application, the chief of police shall review the application, determine the department activity needed for the management of the parade in excess of the ordinary and usual management of pedestrian or vehicular traffic or other ordinary public uses, and shall itemize the projected expenses. In addition, the chief shall route a copy of the application to other affected departments within the city, who shall determine and itemize the additional expenses for their respective department activity for the management of the parade. The sum of the police department’s and each other affected department’s costs will be the extraordinary personnel, materials and services charge.

The chief of police shall route a copy of the application to the risk manager, who shall review the application for evidence of sufficient insurance and shall require additional insurance for the parade as the risk manager determines is reasonable and necessary. Parade applicants shall be required to obtain a performance bond or present evidence or surety, indemnity bond or comprehensive liability insurance naming the city of Springfield as an additional insured. The chief of police, after consultation with the risk manager, may waive the insurance requirement for an indigent applicant.

The chief shall provide written notice to the applicant, that shall state the amount of the calculated extraordinary personnel, materials and services charge. The applicant shall make arrangements with the finance director for payment of the actual extraordinary personnel, materials and services charge that shall be determined after the parade is conducted.

(4)

The extraordinary personnel, materials and services charge shall be waived by the city manager for indigent applicants. The city manager shall require the indigent applicant to sign an oath of indigency. The city manager may waive the extraordinary personnel, materials and services charge for applicants from nonprofit entities that qualify for tax exemption under Section 501 of the Internal Revenue Code if the city manager determines that the occurrence of the parade will significantly and substantially benefit the Springfield community. The city manager shall apply the following in making the determination to waive the charge:

Will the parade significantly and substantially benefit the Springfield community;

Has the applicant signed an oath that the applicant qualifies for tax exemption under Section 501 of the Internal Revenue Code;

Will the calculated extraordinary personnel, materials, services charge be reasonable in relation to the benefit the parade will confer on the Springfield community. The decision of the city manager is final and binding on the applicant.

(5)

The chief shall issue a parade permit if the chief determines that the parade can be conducted without endangering public safety and without seriously inconveniencing the public. The permit shall be conditioned on the applicant’s written agreement to comply with the terms of the permit. No permit shall be issued if the chief finds that:

The time, route, and size of the parade will disrupt the movement of other traffic to an unreasonable extent.

The parade is of a size or nature that requires the diversion of so many law enforcement officers to properly police the line of movement and contiguous areas that allowing the parade would deny reasonable law enforcement protection to the city.

The parade will interfere with another parade or other activity for which a permit has been issued.

Information in the application is found to be false or a material detail is omitted.

(e)

The applicant refuses to agree to abide by or comply with all conditions of the permit.

(6)

If the chief determines that the parade as requested cannot be conducted without seriously inconveniencing the public, the chief may issue the permit with approval of a different route, time, or date.

(7)

Unless the application processing time is increased or waived pursuant to section 6.520, the chief shall notify the applicant of the decision within 10 business days of receipt of the application. If the chief refuses to issue a parade permit as requested, the chief shall issue written findings specifying the reasons for the decision and furnish those findings to the applicant with the notification of the decision.

[Section 6.525 amended by Ordinance No. 5905, enacted December 7, 1998]

6.530 Save Harmless Agreement.

Every applicant, including indigent applicants, shall be required to provide a save and hold harmless agreement on a form supplied by the chief of police in which the applicant agrees to defend, pay, save and hold harmless the city, its officers and employees, from any and all claims or lawsuits for personal injury or property damage arising from or in any way connected to the parade, excepting any claims arising solely out of the negligent acts of the city, its officers and employees.

6.535 Limitation of Liability.

Sections 6.505 to 6.555 shall not be construed as imposing upon the city, its officials or employees any liability or responsibility for any injury or damage to any person in any way connected to the use for which permits have been issued. The city, its officials and employees shall not be deemed to have assumed any liability or responsibility by reasons of inspections performed, the issuance of any permit, or the approval of any use of the right-of-way.

6.540 Public Announcements Required.

The chief of police may require the applicant to specifically inform private property and business owners who might be inconvenienced or affected by the parade. The chief may also require the applicant to publish announcements of the parade prior to the event. All costs associated with informing and announcing the parade shall be paid by the applicant at no cost to the city.

6.545 Sanitation and Clean-up.

A parade permit may be issued only after adequate waste disposal and sanitation facilities have been identified and obtained by the applicant. The applicant will clean the right-of-way of rubbish and debris, returning it to its pre-event condition, within 24 hours of the conclusion of the event. If the applicant fails to clean up the refuse, the clean-up shall be arranged by the city and the costs charged to the applicant. The costs will be in addition to the amount of the extraordinary personnel, materials and services charge.

6.550 Parade Permit Revocation.

The chief of police may revoke a parade permit at any time after the permit has been issued, including but not limited to during the parade, if:

An imminent threat of violence or personal injury to the parade participants exists, all reasonable efforts to protect the parade participants have failed, and a request to disband the parade made to the parade organizers has been refused;

Actual violence has been caused by the parade organizers;

Actual violence that endangers public safety has been caused by parade participants and public safety is at risk unless the permit is revoked; or

There is significant deviation from the route designated in the application or approval, or there is assembly at points not shown in the application or approval that occurs without approval of the police officer in charge of the parade escort.