[HISTORY: Adopted by the Mayor and Council
of New Castle 4-10-2001 by Ord. No. 398. Amendments noted where
applicable.]
GENERAL REFERENCES
Noise — See Ch. 166.
As used in this chapter, the following terms
shall have the meanings indicated:
The Chief of Police of the City of New Castle.
The Mayor and Council of New Castle also known as the City
of New Castle.
Individual appointed by the Mayor and Council to manage the
day-to-day operations of the City.
A five-member board elected at large to establish policies
and procedures to provide for the well-being of the residents of New
Castle.
Any march, demonstration, procession or motorcade consisting
of persons, animals, or vehicles or a combination thereof upon the
streets, parks or other public grounds within the City with an intent
to attract public attention that interferes with or has a tendency
to interfere with the normal flow or regulation of traffic upon the
streets, parks or other public grounds.
A permit as required by this chapter.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any meeting, demonstration, picket line, rally or gathering
of more than 25 persons for a common purpose as a result of prior
planning that interferes with or has a tendency to interfere with
the normal flow or regulation of pedestrian or vehicular traffic or
occupies any area in a place open to the general public.
Any area or way set aside or open to the general public for
purposes of pedestrian traffic, whether or not it is paved.
Any place or way set aside or open to the general public
for purposes of vehicular traffic, including any berm or shoulder,
parkway, right-of-way, or median strip thereof.
No person shall engage in or conduct any parade
or public assembly unless a permit is issued by the City of New Castle.
This chapter shall not apply to the following:
A.
Funeral processions.
B.
Students going to and from school classes or participating
in educational activities, provided that such conduct is under the
immediate direction and supervision of the proper school authorities
and the City has been notified of the activity at least 72 hours in
advance.
C.
A governmental agency acting within the scope of its
functions.
D.
Spontaneous events occasioned by news or affairs coming
into public knowledge within three days of such public assembly, provided
that the organizer thereof gives written notice to the City at least
24 hours prior to such parade or public assembly.
A.
A person seeking a parade, public assembly or private
social gathering (unless exempted as permitted) shall file an application
with the City Administrator on forms provided by such office, and
the application shall be signed by the applicant.
B.
For single, nonrecurring parades or public assemblies,
an application for a permit shall be filed with the city Administrator
at least 30 and not more than 180 days before the parade or public
assembly is proposed to commence. The City Administrator may waive
the minimum thirty-day filing period and accept an application filed
within a shorter period if, after due consideration of the date, time,
place and nature of the parade or public assembly, the anticipated
number of participants and the city services required in connection
with the event, the City Administrator determines that the waiver
will not present a hazard to public safety.
C.
For parades or public assemblies held on a regular or recurring basis at the same location, an application for a permit covering of such parades or assemblies during that calendar year may be filed with the City Administrator at least 60 days before the date and time at which the first such parade or public assembly is proposed to commence. The City Administrator may waive the minimum sixty-day period after due consideration of the factors specified in Subsection B above.
D.
The application for a parade or public assembly permit
shall set forth the following information:
(1)
The name, address and telephone number of the person
seeking to conduct such parade or public assembly.
(2)
The names, addresses and telephone numbers of the
headquarters of the organization for which the parade or public assembly
is to be conducted, if any, and the authorized and responsible heads
of the organization.
(3)
The requested date of the parade or public assembly,
together with any proposed rain date for such parade or public assembly.
(4)
The route to be traveled, including the starting point
and the termination point.
(5)
The approximate number of persons who, and animals
and vehicles which, will constitute such parade or public assembly
and the type of animals and description of the vehicles, together
with applicant's assurance that it will clean up after any animals,
especially horses, used in any parade.
(6)
The hours when such parade or public assembly will
start and terminate.
(7)
A statement as to whether the parade or public assembly
will occupy all or only a portion of the width of the streets proposed
to be traversed.
(8)
The location by street of any assembly areas for such
parade or public assembly.
(9)
The time at which units of the parade or public assembly
will begin to assemble at any such area.
(10)
The intervals of space to be maintained between units
of such parade or public assembly.
(11)
If the parade or public assembly is designed to be
held by, or on behalf of, any person other than the applicant, the
applicant for such permit shall file a letter from that person with
the City Administrator authorizing the applicant to apply for the
permit on his behalf.
(12)
The type of public assembly, including a description
of activities planned during the event.
(13)
A description of any recording equipment, sound amplification
equipment, banners, signs or another attention-getting devices to
be used in connection with the parade or public assembly.
(14)
The approximate number of participants (spectators
are by definition not participants).
(15)
The approximate number of spectators.
(16)
A designation of any public facilities or equipment
to be utilized.
(17)
Certification that the applicant has read a copy of Chapter 90 of the City Code which regulates consumption of alcoholic beverages and City Resolution No. 2000-13 governing special overtime payment to City employees.
(18)
Any additional information that the City Administrator
finds reasonably necessary to a fair determination as to whether a
permit should issue.
A.
A nonrefundable fee to cover administrative costs
of processing the permit shall be paid to the City of New Castle by
the applicant when the application is filed. Such administrative fee
shall be set from time to time by resolution of the City Council.
[Amended 2-13-2007 by Ord. No. 448; 8-11-2009 by Ord. No.
465]
B.
If the application is for the use of any City property
or if any City services shall be required for the parade or public
assembly, the applicant shall pay, prior to the issuance of a permit,
the charges for those services in accordance with a schedule of service
costs approved by the City Council by resolution.
The Chief of Police shall determine whether
and to what extent additional police protection is reasonably necessary
for the parade or public assembly 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 expected sale or service
of alcoholic beverages, the number of streets and intersections blocked
and the need to detour or preempt citizen travel and use of the streets
and sidewalks. The speech content of the event shall not be a factor
in determining the amount of police protection necessary. 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/she 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 at the
sole expense of the applicant.
A.
The City Administrator shall issue a permit as provided
for herein when, from a consideration of the application and from
such other information as may otherwise be obtained, the City Administrator,
in consultation with the Chief of Police, he/she finds that:
(1)
The conduct of the parade or public assembly will
not substantially interrupt the safe and orderly movement of other
pedestrian or vehicular traffic contiguous to its route or location;
(2)
The conduct of the parade or public assembly will
not require the diversion of so great a number of city police officers
to properly police the line of movement and the areas contiguous thereto
as to prevent normal police protection of the City;
(3)
The concentration of persons, animals and vehicles
at public assembly points of the parade or public assembly will not
unduly interfere with proper fire and police protection of, or ambulance
service to, areas contiguous to such public assembly areas;
(4)
The conduct of the parade or public assembly is not
reasonably likely to cause injury to persons or property;
(5)
The parade or public assembly is scheduled to move
from its point of origin to its point of termination expeditiously
and without unreasonable delays en route;
(6)
Adequate sanitation and other required health facilities
are or will be made available in or adjacent to any public assembly
areas;
(7)
There are sufficient parking places near the site
of the parade or public assembly to accommodate the number of vehicles
reasonably expected;
(9)
Such parade or public assembly is not for the primary
purpose of advertising any product, goods or event that is primarily
for private profit, and the parade itself is not primarily for profit.
The prohibition against advertising any product, goods or event shall
not apply to signs identifying organizations or sponsors furnishing
or sponsoring exhibits or structures used in the parade;
(10)
No parade or public assembly permit application for
the same time and location is already granted or has been received
and will be granted;
(11)
No parade or public assembly permit application for
the same time but a different location is already granted or has been
received and will be granted, and the police resources required for
that prior parade or public assembly are so great that in combination
with the subsequent proposed application, the resulting employment
of police services would have an immediate and adverse effect upon
the welfare and safety of persons and property; and
(12)
No event is scheduled elsewhere in the City where
the police resources required for that event are so great that the
deployment of police services for the proposed parade or public assembly
would have an immediate and adverse effect upon the welfare and safety
of persons and property.
B.
No permit shall be granted that allows for the erection
or placement of any structure, whether permanent or temporary, on
a City street, sidewalk or right-of-way unless advance approval for
the erection or placement of the structure is obtained from the City
Council.
The City Administrator shall uniformly consider
each application upon its merits and shall not discriminate in granting
or denying permits under this chapter based upon political, religious,
ethnic, race, disability, sexual orientation or gender-related grounds.
The City Administrator shall present to Council
in a timely filed application for a parade or public assembly permit
but in no event shall grant or deny a permit less than 48 hours prior
to the event. If the City Council disapproves the application, he
shall notify the applicant either by personal delivery or certified
mail at least 48 hours prior to the event of his action and state
the reasons for denial.
A.
The City Council in denying an application for a parade
or public assembly permit, may authorize the conduct of the parade
or public assembly at a date, time, location or route different from
that named by the applicant. An applicant desiring to accept an alternate
permit shall, within five days after notice of the action of the City
Administrator, file a written notice of acceptance with the City Administrator.
B.
An alternate parade or public assembly permit shall
conform to the requirements of, and shall have the effect of, a parade
or public assembly permit issued under this chapter.
In the event that the City Council rejects an
applicant's application, the applicant may file an immediate request
for review with a court of competent jurisdiction.
Immediately upon the issuance of a parade or
public assembly permit, the City Administrator shall send a copy thereof
to the following:
Each parade or public assembly permit shall
state the following information:
A.
Starting and approximate ending time;
B.
Minimum speed of parade units.
C.
Maximum speed of parade units.
D.
Maximum interval of space to be maintained between
parade units.
E.
The portions of the streets that may be occupied by
the parade or public assembly.
F.
The maximum length of the parade in miles or fractions
thereof.
G.
Such other information as the Chief of Police or City
Administrator 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 or public assembly chairman or other person
heading such activity shall carry the parade or public assembly permit
upon his person during the conduct of the parade or public assembly.
The following prohibitions shall apply to all
parades and public assemblies;
A.
It shall be unlawful for any person to stage, present
or conduct any parade or public assembly without first having obtained
a permit as herein provided.
B.
It shall be unlawful for any person to participate
in a parade or public assembly 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 or public
assembly to knowingly fail to comply with any condition of the permit.
D.
It shall be unlawful for any person to engage in any
parade or public assembly activity that would constitute a substantial
hazard to the public safety or that would materially interfere with
or endanger the public peace or rights of residents to the quiet and
peaceful enjoyment of their property.
E.
It shall be unlawful for any person participating
in any parade or public assembly to carry or possess any length of
metal, lumber, wood or similar material for purposes of displaying
a sign, poster, plaque or notice, unless such object is 1/4 inch or
less in thickness and two inches or less in width, or if not generally
rectangular in shape, such object shall not exceed 3/4 inch in its
thickest dimension.
F.
It shall be unlawful for any person to carry any sign, poster, plaque or notice, whether or not mounted on a length of material as specified in Subsection E of this section, unless such sign, poster, plaque or notice is constructed or made of a cloth, paper, or cardboard material.
H.
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.
A.
No person shall unreasonably hamper, obstruct or impede,
or interfere with any parade or public assembly or with any person,
vehicle or animal participating or used in a parade or public assembly.
B.
No person shall operate any motor vehicle in any parade
or in connection with any public assembly unless such person is a
licensed driver.
C.
No driver of a vehicle shall drive between the vehicles
or persons comprising a parade or public assembly when such vehicles
or persons are in motion and are conspicuously designated as a parade
or public assembly.
D.
The Chief of Police shall have the authority, when
reasonably necessary, to prohibit or restrict the parking of vehicles
along a street constituting a part of the route of a parade or public
assembly. The Chief of Police shall post signs to that effect, and
it shall be unlawful for any person to park or leave unattended any
vehicle in violation thereof.
The Chief of Police/designee shall have the
authority to revoke a parade or public assembly permit instantly upon
violation of the conditions or standards for issuance as set forth
in this chapter or when a public emergency arises where the police
resources required for that emergency are so great that deployment
of police services for the parade or public assembly would have an
immediate and adverse effect upon the welfare and safety of persons
or property.
Any person violating the provisions of any section
of this chapter shall, upon conviction, be punished by fine not to
exceed $500 or imprisonment of not more than 30 days, or both.
