[Added 9-14-1999 by L.L. No. 9-1999]
As used in this article, the following terms
shall have the meanings indicated:
The Chief of Police of the Incorporated Village of Freeport.
Any march, demonstration, procession or motorcade consisting
of persons, animals or vehicles, or a combination thereof, upon the
streets or public thoroughfares within the Village of Freeport with
an intent of attracting public attention that interferes with the
normal flow or regulation of traffic upon the streets or public thoroughfares
within the Village of Freeport.
A permit as required by this article.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any meeting, demonstration, picket line, rally or gathering
of more than 10 persons for a common purpose as a result of prior
planning that interferes with the normal flow or regulation of pedestrian
or vehicular traffic.
Any area or way set aside or open to the general public for
purposes of pedestrian traffic adjacent to a street or public thoroughfare
which is the proposed parade route, 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.
The Incorporated Village of Freeport.
No person shall engage in or conduct any parade
or public assembly unless a permit is issued by the Chief of Police.
This article 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.
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 Police Chief
for the Incorporated Village of Freeport at least 24 hours prior to
such parade or public assembly. The Police Chief may waive the notice
requirement hereof based on the factors reflected in § 157-57B.
A.
A person seeking a parade or public assembly permit
shall file an application with the Chief of Police on forms provided
by such officer and the application shall be signed by the applicant
under oath.
B.
For single, nonrecurring parades or public assemblies,
an application for a permit shall be filed with the Chief of Police
at least 10 and not more than 180 days before the parade or public
assembly is proposed to commence. The Chief of Police may waive the
minimum ten-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 Village of Freeport services required in connection
with the event, the Chief of Police 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 all such parades or assemblies during that calendar year may be filed with the Chief of Police at least 60 and not more than 180 days before the date and time at which the first such parade or public assembly is proposed to commence. The Chief of Police 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.
(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.
(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 Chief of Police 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 other 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)
Any additional information that the Chief of
Police finds reasonably necessary to a fair determination as to whether
a permit should issue.
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 number of streets and intersections
blocked and the need to detour or preempt citizen travel and use of
the streets and sidewalks. 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 shall so inform the applicant for the permit. The applicant then
shall have the duty to reimburse the Village of Freeport for the actual
cost of the additional police protection deemed necessary by the Chief
of Police at the sole expense of the applicant.
A.
The Chief of Police 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, he 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 Village police officers
to properly police the line of movement and the areas contiguous thereto
as to prevent normal police protection of the Village.
(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)
No parade or public assembly permit application for
the same time and location is already granted or has been received
and will be granted.
(10)
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 deployment
of police services would have an immediate and adverse effect upon
the welfare and safety of persons and property.
(11)
No event is scheduled elsewhere in the Village
of Freeport 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 Village street, sidewalk or right-of-way unless advance approval
for the erection or placement of the structure is obtained from the
Board of Trustees of the Incorporated Village of Freeport.
The Chief of Police shall uniformly consider
each application upon its merits and shall not discriminate in granting
or denying permits under this article based upon political, religious,
ethnic, race, disability, sexual orientation or gender-related grounds.
With the exception of a spontaneous event or
an event where the filing time requirements have been waived by the
Chief of Police, the Chief of Police shall act promptly upon a timely-filed
application for a parade or public assembly permit. If the permit
application is received by the Chief of Police 30 or more days prior
to the planned event, the Chief of Police shall deny or grant the
permit no later than 10 days after the permit application has been
received. If the permit application is received by the Chief of Police
less than 30 days before the date of the planned event, the Chief
of Police shall then deny or grant the permit in no less than 48 hours.
If the Chief of Police 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 Chief of Police, 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 alternative permit shall, within five days after notice of the
action of the Chief of Police, file a written notice of acceptance
with the Chief of Police. The Chief of Police may consider the availability
of sidewalks, parks or other areas of public assembly.
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 article.
A.
Any applicant shall have the right to appeal the denial
of a parade or public assembly permit to the Board of Trustees of
the Incorporated Village of Freeport. The denied applicant shall make
the appeal within five days after receipt of the denial by filing
a written notice with the Chief of Police and a copy of the notice
with the Village Clerk. The Board of Trustees of the Incorporated
Village of Freeport shall act upon the appeal at the next scheduled
meeting following receipt of the notice of appeal.
B.
In the event that the Board of Trustees of the Incorporated
Village of Freeport rejects an applicant's appeal, 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 Chief of Police shall send a copy thereof
to the following:
A.
The Mayor.
B.
The Village Attorney.
C.
The Fire Chief.
D.
The Director of the Department of Public Works.
E.
The Postmaster.
F.
The manager or responsible head of each public transportation
utility, the regular routes of whose vehicles will be affected by
the route of the proposed parade or public assembly.
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 shall
find necessary to the enforcement of this article.
A.
A permit 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/her 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 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 inches
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 inches in its
thickest dimension.
E.
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 D of this section, unless such sign, poster, plaque or notice is constructed or made of a cloth, paper or cardboard material.
G.
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 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.
C.
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. No person shall be liable for parking
on a street unposted in violation of this article.
The Chief of Police 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 article
or when a public emergency arises where the police resources required
for that emergency are so great that deployment of police services
for parade or public assembly would have an immediate and adverse
effect upon the welfare and safety of persons or property.
Any person violating the provision of any section
of this article shall, upon conviction, be punished by fine not to
exceed $1,000 or imprisonment of not more than 15 days, or both.
If any section, subsection, sentence, clause
or phrase of this article is for any reason held invalid or unconstitutional
by the decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this article.
