[HISTORY: Adopted by the City Council of the City of Colonial Heights 4-8-1975 as Ch. 7 of the 1975 Code; amended in its entirety 6-14-1994 by Ord. No. 94-4. Subsequent amendments noted where applicable.]
Authority of City Council to prevent dangerous conduct on the streets — See Sec. 2.3.
Streets and sidewalks — See Ch. 247.
It is the policy of the City of Colonial Heights to preserve and protect the freedom guaranteed to its citizens under the First Amendment of the United States Constitution. The purpose of this chapter is to regulate any reasonable time, place and manner of the expression of such rights, to preserve public order and to maintain public health and safety. Nothing herein shall be construed or applied to abridge such First Amendment rights.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
- A group of persons assembled together and acting in concert to then and there call attention of the public to their opposition to, support of or position with respect to any political, social, cultural or eleemosynary subject, cause or organization or to solicit funds therefor.
- Any parade, march or other procession of six or more persons for the purpose of calling attention to the public thereto.
[Amended 8-14-2007 by Ord. No. 07-23]
It shall be unlawful for any person to sponsor, direct, lead or participate in any parade or demonstration upon any street, sidewalk, or other public place within the City unless a City permit has been issued to hold such parade or demonstration, provided that this chapter shall not apply to convoys of any component of the armed forces of the United States or this state, or to any funeral procession. Any person or persons intending to sponsor, direct or lead a parade or demonstration upon any street or sidewalk or upon or in any public place within the City shall file an application for a parade or demonstration permit with the City Manager at least 14 days prior to the date of the intended parade or demonstration. Prior to the granting of the permit, a fee of $5 shall be paid to defray the administrative cost of processing the permit. No person or persons shall be allowed to obtain a parade or demonstration permit for the same location on a street, sidewalk or public place or part thereof more than three times in any twelve-month period; provided, however, that when any permit application is denied on that basis, a reasonably equivalent location shall be offered, if available. Whenever conflicting applications are filed, preference shall be given to that person or those persons whose most recent permit, if any, was issued earlier. Such application shall set forth:
The dates and hours for the assembling of the participants in such parade or demonstration, the expected duration thereof and the expected number of participants.
The streets, sidewalks and public places over and upon which the parade or demonstration is to take place.
Whether the parade or demonstration is to be conducted on foot or with animals or vehicles, or any combination thereof, and the number of persons, vehicles and animals expected to be involved.
The names and addresses of the actual sponsors of such parade or demonstration.
The name and address of the person who shall be in charge of such parade or demonstration and who shall be responsible for the conduct thereof according to the permit.
Suggested means of security and control.
Such other information as the City Manager reasonably may require.
Each application for a parade or demonstration permit shall be signed and attested by oath or affirmation to by at least one (1) person, who shall be the person named in the application as the one who shall be in charge of such parade or demonstration and shall be responsible for the conduct thereof according to the permit.
As soon as reasonably practicable and in no event longer than seven days after the filing of a completed and properly signed and attested application for a parade or demonstration permit, the City Manager shall consider such application and take action thereon. This seven-day time period may be extended by agreement between the applicant and the City Manager. The City Manager shall grant the permit unless the holding of such parade or demonstration would be detrimental to the significant governmental interest of the preservation of public order, the public health and the public safety.
[Amended 8-14-2007 by Ord. No. 07-23]
The City Manager shall consider the following factors: volume and location of vehicular traffic, volume and location of pedestrian traffic, location of parade, duration, time of day, access to public places and public buildings and level of noise. The City Manager may include in the permit only those conditions which are necessary to preserve public order, public health or public safety.
If the City Manager denies a permit on the basis that the time, place or manner will be detrimental to significant governmental interests of preservation of public order, public health or public safety, then the City Manager shall provide a reasonable alternative time, place and manner that will not be so detrimental. Nothing herein shall be construed to prohibit a spontaneous political demonstration in response to current events.
No parade or demonstration shall be held on any City street, sidewalk or other public place prior to 9:00 a.m. or after 10:00 p.m.
To the maximum extent permitted by law, the approval of any location shall allow for the protection from interference with security and the conduct of normal activities at public or private buildings and the right to privacy at other than public buildings and shall protect orderly traffic flow on public streets and sidewalks from obstruction or undue congestion. No parades or demonstrations will be allowed which will interfere with the operation of or access to government security buildings, including jails, firehouses or police stations. No demonstrations on a street at a single residence will be allowed. Should a requested location be denied, an alternative location shall be of offered.
Any decision of the City Manager made pursuant to this chapter shall be appealable to the City Council or the Circuit Court. Appeals to the City Council shall be filed in writing by the applicant for the permit with the City Clerk within two weeks after notification to the applicant of the decision appealed from. The Council shall hear such appeal de novo at its next scheduled meeting. If Council does not render a decision on the appeal at such meeting, it shall render a decision at its next scheduled meeting.
[Amended 8-14-2007 by Ord. No. 07-23]
No person parading or demonstrating pursuant to a permit issued under the provisions of this chapter shall carry any dangerous weapon, provided that the City Manager may, in the exercise of sound discretion, include in such permit such variations from this subsection as he may consider appropriate for members of color guards, drill teams, lodges and other persons by whom the display of weapons upon the occasion of such parade or demonstration would not arouse anxiety on the part of spectators or constitute a threat to the maintenance of law and order and the preservation of public peace.
No person parading or demonstrating pursuant to a permit issued under the provisions of this chapter shall cause or suffer to be caused any vicious or apparently vicious animal to be involved in or accompany such parade or demonstration, provided that the City Manager may, in the exercise of sound discretion, include in such permit such variations from this subsection as he may consider appropriate for circus parades or similar events.
Prior to the granting of a permit pursuant to this chapter that includes vehicles, animals (except for seeing eye dogs) or other instrumentalities that could possibly endanger the public and as a condition precedent for the granting of such permit, the City Manager shall require that the sponsoring organization or the person named in the application as the one to be responsible for the conduct of the parade or demonstration, or both shall give bond to the City, in such amount and with such surety as the City Manager may consider reasonably necessary. The amount of said bond shall be sufficient to satisfy any and all judgments and decrees and reasonable legal costs, arising out of said parade or demonstration, other than those costs arising solely from the city's own negligence.
Any such surety shall require approval as to form by the City Attorney.