§ 10-77. Regulating parades.

(a)

Definitions. For the purposes of this section, the following terms shall have the indicated meanings:

(1)

"Chief of police" is the chief of police of this municipality.

(2)

"Parade" is any parade, march, ceremony, show, exhibition, pageant, or procession of any kind, or any similar display, in or upon any street, park or other public place in this municipality.

(3)

"Parade permit" is a permit as required by this article.

(4)

"Person" is any person, firm, partnership, association, corporation, company or organization of any kind.

(b)

Permit required. No person shall engage in, participate in, aid, form or start any parade, unless a parade permit shall have been obtained from the chief of police.

(c)

Exceptions. This section shall not apply to:

(1)

Funeral processions;

(2)

Students going to and from school classes or participating in educational activities, providing such conduct is under the immediate direction and supervision of the proper school authorities;

(3)

A governmental agency acting within the scope of its functions.

(d)

Application. A person seeking issuance of a parade permit shall file an application with the chief of police on forms provided by such officer.

(1)

Filing period. An application for a parade permit shall be filed with the chief of police not less than thirty (30) days nor more than one hundred twenty (120) days before the date on which it is proposed to conduct the parade.

(2)

Contents. The application for a parade permit shall set forth the following information:

a.

The name, address and telephone number of the person seeking to conduct such parade;

b.

If the parade is proposed to be conducted for, on behalf of, or by an organization, the name, address and telephone number of the headquarters of the organization, and of the authorized and responsible heads of such organization;

c.

The name, address and telephone number of the person who will be the parade chairman and who will be responsible for its conduct;

d.

The date when the parade is to be conducted;

e.

The route to be traveled, the starting point and the termination point;

f.

The approximate number of persons who, and animals and vehicles which, will constitute such parade; the type of animals, and description of the vehicles;

g.

The hours when such parade will start and terminate;

h.

A statement as to whether the parade will occupy all or only a portion of the width of the streets proposed to be traversed;

i.

The location by streets of any assembly areas for such parade;

j.

The time at which units of the parade will begin to assemble at any such assembly area or areas;

k.

The interval of space to be maintained between units of such parade;

l.

If the parade is designed to be held by, and on behalf of or for, any person other than the applicant, the applicant for such permit shall file with the chief of police a communication in writing from the person proposing to hold the parade, authorizing the applicant to apply for the permit on his behalf.

m.

Any additional information which the chief of police shall find reasonably necessary to a fair determination as to whether a permit should issue.

(3)

Late applications. The chief of police, where good cause is shown therefore, shall have the authority to consider any application hereunder which is filed less than thirty (30) days before the date such parade is proposed to be conducted.

(4)

Fee. There shall be paid at the time of filing the application for a parade permit a fee of ten dollars ($10.00). This fee may be waived in whole or in part by the chief of police.

(e)

Standards for issuance. The chief of police shall issue a permit as provided for hereunder 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 will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route;

(2)

The conduct of the parade will not require the diversion of so great a number of police officers of this municipality to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection to this municipality;

(3)

The conduct of such parade will not require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of this municipality other than that to be occupied by the proposed line of march and areas contiguous thereto;

(4)

The concentration of persons, animals and vehicles at assembly points of the parade will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such assembly areas;

(5)

The conduct of such parade will not interfere with the movement of fire-fighting equipment enroute to a fire;

(6)

The conduct of the parade is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct or create a disturbance;

(7)

The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays enroute;

(8)

The parade is not to be held for the sole purpose of advertising any product, cause, goods or event and is not designed to be held purely for private profit.

(f)

Notice of rejection. If the chief of police disapproves the application, he shall mail to the applicant within three (3) days after the date upon which the application was filed, a notice of his action.

(g)

Alternative permit. The chief of police, in denying an application for a parade permit, shall be empowered to authorize the conduct of the parade on a date, at a time, or over a route different from that named by the applicant. An applicant desiring to accept an alternate permit shall, within three (3) days after notice of the action of the chief of police, file a written notice of acceptance with the chief of police. An alternate parade permit shall conform to the requirements of, and shall have the effect of a parade permit under, this article.

(h)

Contents of permit. Each parade permit shall state the following information:

(1)

Starting time;

(2)

Minimum speed;

(3)

Maximum speed;

(4)

Maximum interval of space to be maintained between the units of the parade;

(5)

The portions of the streets to be traversed that may be occupied by the parade;

(6)

The maximum length of the parade in miles or fractions thereof;

(7)

Such other information as the chief of police shall find necessary to the enforcement of this section.

(i)

Duties of permittee. A permittee hereunder shall comply with all permit directions and conditions and with all applicable laws and ordinances.

(j)

Possession of permit. The parade chairman or other person heading or leading such activity shall carry the parade permit upon his person during the conduct of the parade.

(k)

Revocation of permit. The chief of police shall have the authority to revoke a parade permit issued hereunder upon application of the standards for issuance as herein set forth.

(l)

Throwing objects. It shall be unlawful for any person to throw any object at any float, vehicle, or person marching or participating in a parade.

(m)

Penalty. Whoever violates the provisions of this section shall be punished as provided in section 10-78 of this chapter.

(Ord. No. 877, §§ 1—10, 6-18-65; Ord. No. 07-90, § 1, 4-9-90; Ord. No. 108-1995, § 1, 11-27-95; Ord. No. 057-2013, § 1, 1-13-2014)