[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.]
CHARTER REFERENCES
Authority of City Council to prevent dangerous conduct on the streets — See
Sec. 2.3.
GENERAL REFERENCES
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:
A.
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.
B.
The streets, sidewalks and public places over and upon which
the parade or demonstration is to take place.
C.
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.
D.
The names and addresses of the actual sponsors of such parade
or demonstration.
E.
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.
F.
Suggested means of security and control.
G.
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.
A.
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]
(1)
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.
(2)
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.
B.
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.
C.
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.
D.
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]
A.
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.
B.
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.
A.
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.
B.
Any such surety shall require approval as to form by
the City Attorney.
