[HISTORY: Adopted by the Township Council of the Township of Franklin 7-11-1995
by Ord. No. 1904 (Ch. 173 of the 1990 Code). Amendments noted
where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any parade, exhibition, pageant or procession of any kind, or any
similar display in or upon any street, park or other public place in the Township
of Franklin.
A permit as required by this chapter.
Any person, firm, partnership, association, corporation, company
or organization of any kind.
The Municipal Clerk of the Township of Franklin.
No person shall organize, aid, form or start any parade unless a parade
permit shall have been obtained from the Township Clerk. This chapter shall
not apply to:
A.
Funeral processions;
B.
Students going to and from school classes or participating
in educational activities, providing such conduct is under the immediate direction
and supervision of the proper school authorities and occurs on school property;
and
C.
A governmental agency acting within the scope of its
functions.
A person seeking issuance of a parade permit shall file an application
with the Township on forms provided by such official.
A.
An application for a parade permit shall be filed with
the Township Clerk not less than seven nor more than 30 working days before
the date on which it is proposed to conduct the parade.
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 proposed to be conducted for, on behalf
of, or by an organization, the name, address and telephone number of the headquarters
of the organization, and of the authorized and responsible heads of such organization,
as well as a notarized statement executed by an officer of such organization
authorizing the applicant to apply for a permit on behalf of such organization.
(3)
The name, address and telephone number of the person
who will be the parade chairperson and who will be responsible for its conduct.
(4)
The date when the parade is to be conducted.
(5)
The route to be traveled, the starting point and the
termination point.
(6)
The approximate number of persons who will constitute
or partake; and, if animals will be included in the parade or line of march,
then the specific type of animal, whether domestic or wild; and the number
and description of the motor vehicles or any other type vehicle expected to
be used in the parade, march, ceremonies, show, exhibit or procession.
(7)
The hours when such parade will start and terminate.
(8)
A statement as to whether the parade will occupy all
or only a portion of the width of the streets proposed to be traversed.
(9)
The location of streets or any assembly areas for such
parade.
(10)
The time at which units of the parade will begin to assemble
at any such assembly area or areas.
(11)
The interval of space to be maintained between units
of such parade.
(12)
If the parade is designed to be held by, and on behalf
of or for any person other than the applicant, the applicant for such permit
shall file with the Township Clerk a communication in writing from the person
proposing to hold the parade, authorizing the applicant to apply for the permit
on his/her behalf.
(13)
The application shall contain a statement of the purpose
of the parade.
(14)
The applicant shall provide the Township Clerk with a
satisfactory map of a detour route, if necessary. This map should show the
type of signs and their locations. Any roadways which are involved in the
detour route and which are not incorporated with the Township of Franklin
must have prior written permission from the property owner and this permission
must be submitted at the time of application. All signs must meet the specifications
of the manual and uniform traffic control devices. All signs must be installed
immediately prior to the closing of any streets and be removed immediately
after reopening of such streets. All signs are to be secured to their own
post and not to telephone poles or any other sign posts, trees or objects.
No signs are to be placed in front of any traffic control devices, nor shall
they, in any way, obstruct a sight line of any roadway or driveway. The detour
route and signage placement must be approved by a police traffic officer prior
to the start of the road closing.
(15)
Any additional information which the Township Clerk shall
find reasonably necessary to a fair determination as to whether a permit should
be issued.
C.
If the parade will use or traverse any state or county
road or highway within the Township of Franklin, the application shall be
accompanied by a written consent or other written authorization to hold such
parade on the date and at the time requested, issued by the public agency
or body having jurisdiction and control over said road or highway.
D.
The Clerk, when good cause is shown therefor, shall have
the authority to consider any application hereunder which is filed less than
seven working days before the date such parade is proposed to be conducted.
The Township Clerk shall issue a permit as provided for hereunder when,
from a consideration of the application and from such other information as
may otherwise be obtained, the Clerk finds that:
A.
The conduct of the parade will not substantially interrupt
the safe and orderly movement of other traffic contiguous to its route.
B.
The conduct of the parade will not require the diversion
of so great a number of police officers of the Township to properly police
the line of movement and the areas contiguous thereto as to prevent normal
police protection to the Township.
C.
The conduct of such parade will not require the diversion
of so great a number of ambulances as to prevent normal ambulance service
to portions of the Township other than that to be occupied by the proposed
line of march and areas contiguous thereto.
D.
The concentration of persons, animals and vehicles at
assembly points of the parade will not unduly interfere with proper fire and
police protection of, or ambulance services to, areas contiguous to such assembly
areas.
E.
The conduct of such parade will not interfere with the
movement of fire-fighting equipment en route to a fire.
F.
The conduct of the parade is not reasonably likely to
cause injury to persons or property, to provoke disorderly conduct or create
a disturbance.
G.
The parade is scheduled to move from its point of origin
to its point of termination expeditiously and without unreasonable delays
en route.
H.
The parade is not to be held for the sole purpose of
advertising any product, goods or event, and is not designed to be held purely
for private profit.
[Amended 10-10-2000 by Ord. No. 3162]
If the application shall be disapproved, the Township Clerk shall give
written notice thereof, by regular mail and certified mail, return receipt
requested, to the applicant within three working days of the filing of said
application, setting forth the reasons for the denial of the permit.
Any person aggrieved shall have the right to appeal the denial of a
parade permit to the Township Manager. The appeal shall be taken within five
days after notice of the denial by mailing a written notice of such appeal,
certified mail, return receipt requested, to the Township Clerk.
The Township Clerk, in denying an application for a parade permit, shall
be empowered to authorize the conduct of 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 file a written notice of acceptance with
the Township Clerk at least two working days prior to the date when the parade
is to be conducted. An alternate parade permit shall conform to the requirements
of, and shall have the effect of, a parade permit under this chapter.
Immediately upon the issuance of a parade permit, notice thereof shall
be forwarded by the Township Clerk to the following:
A.
The Township Council;
B.
The Mayor;
C.
The Township Attorney;
D.
The Township Manager;
E.
The Township Chief of Police;
F.
The Township Chief Fire Inspector;
G.
The Director of the Department of Public Works; and
H.
The general manager or responsible head of each public
transportation utility, the regular routes of which vehicles will be affected
by the route of the proposed parade.
Each parade permit shall state the following information:
A.
Starting time;
B.
Minimum speed;
C.
Maximum speed;
D.
Maximum interval of space to be maintained between the
units of the parade;
E.
The portions of the streets to be traversed that may
be occupied by the parade;
F.
The maximum length of the parade in miles or fractions
thereof; and
G.
Such other information as the Township Clerk shall find
necessary to the enforcement of this chapter.
A.
A permittee hereunder shall comply with all permit directions
and conditions and with all applicable laws and ordinances.
B.
The parade chairperson or other person heading or leading
such activity shall carry the parade permit upon his person during the conduct
of the parade and shall advise the police officer in charge of his whereabouts
during said parade for the purposes of communicating necessary information.
C.
The permittee shall notify, in writing, businesses and
residents fronting along the proposed parade route, at least 48 hours in advance
of the time scheduled for the commencement of such parade, of the fact of
such parade. Such notice may be by newspaper advertisement, distribution of
handbills or flyers, or other similar means.
D.
The permittee shall be required to deposit an escrow
with the Township at the time of application. Such monies shall be used to
reimburse the Township for any costs associated with Police Department personnel
assigned to the parade when police supervision cannot be accomplished with
the regular staff/complement of patrol officers assigned to the shift during
which the parade occurs. The amount
of escrow deposit shall be determined by the Chief of Police based upon a
reasonable estimate of the manpower and time necessary to effect supervision
and control of the parade route. Any excess monies shall be returned to the
parade organizers; should cost exceed the Police Chief's reasonable estimate,
the permittee shall be required to pay such excess amounts.
A.
No person shall unreasonably hamper, obstruct or impede,
or interfere with any lawful parade or parade assembly or with any person,
vehicle or animal participating or used in a parade.
B.
No driver of a vehicle, street car or trackless trolley
shall drive between the vehicles or person comprising a lawful parade when
such vehicles or person are in motion and are conspicuously designated as
a parade.
C.
The Chief of Police shall have the authority, when reasonably
necessary, to prohibit or restrict the parking of vehicles along a highway
or part thereof constituting a part of the route of a parade. The Chief of
Police shall post signs to such effect, and it shall be unlawful for any person
to park or leave unattended any vehicle in violation thereof. No person shall
be liable for parking on a street unposted in violation of this chapter.
The Township Clerk shall have the authority to revoke a parade permit
issued hereunder upon violation of the standards for issuance as herein set
forth. The person to whom the permit has been issued shall be granted a hearing
by the Clerk upon request of said person.
