[HISTORY: Adopted by the Town Council of the Town of Hillsville 1-23-1995.
Amendments noted where applicable.]
A.
The Town Council enacts this chapter for the purpose
of regulating the time, place and manner of parades and demonstrations in
order to accommodate competing demands for the public use of streets, sidewalks
and public places. Regulation is necessary to preserve the public peace and
safety, to permit free expression on issues of public concern, to protect
persons and property, to maintain acceptable conditions of traffic flow upon
the streets and sidewalks and to prevent, control or eliminate any illegal,
injurious or dangerous effects of this lawful activity.
B.
The Town Council does not enact this chapter or seek
through its enforcement to deny or abridge any person's rights of assembly
and free speech or the opportunity for communication of thought and discussion
of public questions in public places.
For the purposes of this chapter, the following words and phrases shall
have these meanings:
A group of seven (7) or more persons assembled and acting in concert
to call the public's attention to their opposition to, support of or position
with respect to any subject.
A parade or demonstration, or both.
A mobile gathering, march or other procession of seven (7) or more
persons for the purpose of attracting the public's attention.
An individual, corporation, partnership, association, organization
or other entity.
An unplanned or unannounced coming together of persons, animals or
vehicles consisting of a parade or demonstration which may occur in response
to unforeseen circumstances or events of immediate and obvious importance
that allows no opportunity for application to the Town Council.
A public street, sidewalk or public place in the town.
A.
It shall be unlawful for any person to organize, direct,
lead or participate in any parade or demonstration upon any street within
the town unless the Town Council or Town Manager, as appropriate, has first
granted a permit for this activity.
B.
This section shall not apply to any component of the
Armed Forces of the United States or of this commonwealth, any governmental
agency or organization, any funeral, religious or wedding procession or any
group of persons lawfully engaged in picketing.
C.
If a parade or demonstration is conducted without a permit,
the Town Manager shall not disperse the event unless it is or becomes an unlawful
assembly or riot as defined in §§ 18.2-405 and 18.2-406, Code
of Virginia. In that latter case, the Town Manager shall follow the procedures
established for unlawful assemblies and riots. The Town Manager, however,
may seek the prosecution by the Town Attorney of any person violating any
provisions of this chapter.[1]
A.
Any person proposing to organize, participate in or lead
a parade or demonstration upon or in any street within the town shall file
an application for a parade or demonstration with the Town Manager at least
fourteen (14) working days prior to the next Council meeting before the parade
or demonstration. The application shall set forth:
(1)
The name, address and telephone number of the person
requesting the permit.
(2)
The name(s), address and telephone number(s) of the person(s)
in charge of the parade or demonstration.
(3)
The name(s) and address of the sponsor(s) of the parade
or demonstration and all participating organizations.
(4)
The date, hour and place for the assembly of the participants
in the parade or demonstration and the expected duration of the event.
(5)
The streets, sidewalks and public places upon which the
parade or demonstration is to occur.
(6)
Whether the parade or demonstration is to be conducted
on foot, with animals, with vehicles or any combination thereof and the number
of individuals, vehicles and animals expected to participate.
(7)
An estimate of the anticipated attendance.
(8)
The purpose of the parade or demonstration.
(9)
Any other information that may be required by the Town
Manager.
B.
Each application for a parade or demonstration permit
shall be signed by the person named in the application as the person in charge
of such parade or demonstration.
A.
Upon the filing of a complete application for a parade
or demonstration permit, the Town Manager shall promptly transmit copies to
the Town Council. At its next meeting, the Town Council shall consider and
act on the application, hearing the applicant on request and other persons
the Council deems necessary.
B.
The Town Council shall consider and may grant an application
for a parade or demonstration permit and may impose limitations on the time,
place and manner of the conduct of the event to prevent conditions that would
be detrimental to the public peace and safety and would cause a physically
dangerous or unworkable traffic condition upon streets. In determining such
conditions, the Council may consider the following factors:
C.
It shall be unlawful for any person, corporation, partnership,
association or organization covered by the permit to violate or fail to comply
with any such limitation.
The Town Council may deny an application for a parade or demonstration
permit and notify the applicant of such denial where:
A.
Upon the occurrence of conditions leading to the spontaneous
parade or demonstration (as determined by the Town Manager), the Town Manager
may immediately grant the permit for the parade or demonstration under the
same standards and procedures, with necessary changes, as set out in this
chapter for Town Council action. The Town Manager shall promptly report such
action to the Town Council.
B.
Due to the spontaneous nature of such event and in order
to maintain safe or passable traffic conditions in the town, spontaneous parades
and demonstrations shall be held on those public streets or parts thereof
where the chance of unsafe or impassable traffic would be minimized.
It shall be unlawful for any person to willfully harass or interfere
with any person lawfully parading or demonstrating pursuant to a permit issued
under the provisions of this chapter. It shall be unlawful for a participant
in an event to address bystanders using abusive or threatening language which
would tend to provoke him or others to a breach of the peace.
The Town Manager may revoke any permit issued pursuant to this chapter
if any person shall violate any prohibition, condition, restriction or limitation
of the permit.
No permit shall be issued authorizing the conduct of a parade which
the Town Council or Town Manager finds is proposed to be held for the sole
purpose of advertising any product, goods, wares, merchandise or event and
is designed to be held purely for private profit.
This chapter has no effect on the requirements for application to the
Virginia Department of Transportation (VDOT) before a parade can be conducted
on a state-maintained road. In that case, authorization must be obtained from
VDOT and the Town Council, pursuant to this chapter.[1]
