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Secs. 16-98—16-110. Reserved.
DIVISION 2. PARADES AND PICKETING 4
Notes
| 4 | Editor's note(s)— Ord. No. 2299, § 2, adopted June 25, 1996, repealed Div. 2, §§ 16-111—16-117, which pertained to parades, picket lines or group demonstrations and enacted provisions designated as a new Div. 2, to read as herein set out. See the Code Comparative Table. |
[For the purposes of this division, certain terms shall have the meanings ascribed to them in this section, unless the context clearly indicates otherwise.]
Chief of police means the police chief of the City of Asheville or the police chief's designee.
City means the City of Asheville, North Carolina
City manager means the city manager of the City of Asheville or his/her designee.
Parade means any march, demonstration, ceremony or procession of any kind which moves from place to place completely or partially in or upon any street, sidewalk or other public grounds or places owned or under the control of the city along a specified route.
Parade permit means prior written authorization to utilize the street, sidewalk or other city-owned areas for a parade.
Picketing means the stationing of any person by standing, lying, walking, sitting, kneeling, bending or in any other similar manner at a particular place so as to persuade, or otherwise influence another person's actions or conduct, or to apprise the public of an opinion or message.
(Ord. No. 2299, § 2, 6-25-96)
(a) It shall be unlawful for any person to conduct or otherwise participate in any parade that convenes before sunrise or terminates after sunset.
(b) It shall be unlawful for any person to engage in picketing focused on and taking place in front of a particular residence.
(c) Violation of this section shall be a misdemeanor and shall be punishable as provided in N.C. Gen. Stat. § 14-4.
(Ord. No. 2299, § 2, 6-25-96; Ord. No. 4910, § 2, 11-9-21)
(a) General responsibility of participants and persons in charge.
(1) Participants in a parade are required to abide by this division and the terms of the parade permit. Willful violation thereof is unlawful. Violation of this provision shall be a misdemeanor and shall be punishable as provided in N.C. Gen. Stat. § 14-4.
(2) The person designated in the application as responsible for the conduct of the parade shall be responsible for monitoring the conduct of the participants in the parade. Upon actual notice of any violation given to the responsible person by a law enforcement officer on the scene of said parade, such responsible person shall make immediate attempts to correct the violation. It shall be unlawful for such responsible person to refuse to make attempts to correct the violation.
(3) The person(s) designated in the application as the person(s) responsible for the conduct of the parade shall be physically present and accept responsibility for compliance with any an all terms of the parade permit as set forth in this division.
(b) Interference. No person shall unreasonable obstruct, impede or interfere with any parade or with any person, vehicle, or animal participating or used in a parade. Violation of this provision shall be a misdemeanor and shall be punishable as provided in N.C. Gen. Stat. § 14-4.
(c) Permit. No person shall engage in, participate in, aid, form or start any parade unless a permit shall have been obtained from the chief of police. Violation of this provision shall be a misdemeanor and shall be punishable as provided in N.C. Gen. Stat. § 14-4.
(d) Exception to permit requirement. This article shall not apply to the following:
(1) Funeral processions;
(2) 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;
(3) A governmental agency acting within the scope of its functions;
(4) A public demonstration in a traditional public forum; and
(5) permits are not required for assemblies on public property including but not limited to parks, sidewalks or Court Plaza, Pack Square or Pritchard Park, subject to compliance with applicable city ordinances concerning public sidewalks, unless it is known or reasonably probable that the assembly may necessitate the use or temporary closure of the streets, in which case a permit is required. If an assembly begins off the street but attracts an unexpected number of participants such that the assembly begins to occupy a portion of the street, the Asheville Police Department shall accommodate the assembly by closing a segment, lane, or portion of the street where so doing will not jeopardize the participants or unreasonably inhibit the flow of traffic on a major traffic route; however, the Asheville Police Department is authorized to limit the available portion of the street, where a segment, lane or portion of the street is capable of accommodating the assembly.
(e) Permit and escort fees. The city shall charge an administrative fee as set forth in the city's fees and charges manual to cover expenses incidental to processing the application and to cover expenses for logistical support, including barricades, police escorts, and parking restrictions, when said support is requested, or in the judgment of the city, needed for the safety of the parade, whether or not such request or determination is made in advance of the event. The fees shall be waived in whole or in part as necessary to ensure that constitutional rights of the applicants are not infringed, as follows:
(1) The city shall waive a permit fee, in whole or in part, for indigent individuals or groups as necessary to ensure that the constitutional rights of indigent applicants are not infringed. In cases where an indigency waiver is requested, the police chief shall consider, but not be limited to, the following: whether the applicant is employed; the financial resources available to the applicant; whether the applicant receives federal, state or local financial assistance; whether the applicant owns real property, and whether alternative arrangements are available. The police chief may base his determination of indigency on the identity of the real party in interest.
(2) Even if the applicant is not determined to be indigent, the city shall waive a permit fee, in whole or in part, if the applicant demonstrates that a waiver of fees is necessary to avoid an infringement of constitutional rights. The applicant shall provide a statement supporting this assertion and shall identify the issue for which the parade is being organized.
(3) Furthermore, if it is later determined that there has been an intentional, material misrepresentation of the applicant's financial status or other information provided on the application, the city reserves the right to charge the organizers an appropriate fee based on actual events.
(f) Application.
(1) A person seeking issuance of a parade permit shall file a completed application with the chief of police on a form provided by the chief of police. The form shall include a place for the applicant to indicate if the applicant is indigent and desires a waiver of permit fees. A copy of the city's schedule of fees from its fees and charges manual shall be furnished to the applicant form.
(2) An application for a parade permit shall be filed with the chief of police not less that five days before the time when it is proposed to conduct the parade, unless the applicant can show that the parade pertains to a current or emergent public issue. If the applicant makes this assertion in the application, the chief of police shall permit such an application to be filed within five days of the parade. Additional, a permit may be issued if filed less than five days before the time for commencement of the parade when the chief of police finds that:
a. There is no conflict in schedule with some other previously scheduled event; and
b. That the time for filing is sufficient to prepare for the parade pursuant to the standards set forth in this subsection.
(g) The applicant for a parade permit shall set forth the following information:
(1) The name, address and telephone number of the person seeking to conduct such parade.
(2) 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 person who will be responsible for the conduct of the parade.
(3) The date when the parade is to be conducted and the hours when such parade will start and terminate.
(4) The proposed route to be traveled, the starting point, and the termination point.
(5) The approximate number of persons who, and animals and vehicles which, will constitute such parade; the type of animals and description of the vehicles.
(6) The location by streets and designation by time of an assembly area of such parade.
(7) 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 in his behalf.
(8) The person or person to be in charge of the parade for all purposes and who will accompany it and carry the permit at all times.
(9) Any additional information which the chief of police nay need to clarify any of the specific information set forth above.
(h) Issuance standards. The chief of police shall issue a parade permit upon submission of the completed application, unless he finds one or more of the following conditions present:
(1) Adequate provision cannot be made for the safe and orderly movement of the parade and of other traffic, pedestrian and vehicular, contiguous to its route.
(2) Adequate provisions cannot be made for police protection without requiring the diversion of so great a number of police officers of the city to police properly the lines of movement and the areas contiguous thereto, thereby preventing normal police protection to the city.
(3) The applicant for the parade permit has not agreed to abide by the standards set forth in this division which are necessary measures to promote the safety and welfare of the community.
Additionally, the following standards are applicable to the chief of police's decision to issue a parade permit:
(4) All costs for staging the parade, including fees and charges assessed by the city, shall be itemized and provided to the applicant with the permit.
(5) Such determinations may not be based on the estimated number of non-participant observers.
(6) Such determinations may not be based on the content of speech expected to be expressed during the parade.
(i) Notice of rejection. The chief of police shall act upon the application for a parade permit within 48 hours after the filing thereof. If the applicant has filed an application for a parade permit under the "current or emergent public issue exception" set forth in subsection (f)(2), the chief of police shall make every effort to act on the application within 24 hours and in any event not later than 24 hours before the event. If the chief of police disapproves the application he shall notify the applicant, stating the reasons for his denial of the permit.
(j) Alternative permit. The chief of police, in denying an application for a parade permit shall be empowered to authorize the parade on a date, at a time, or over a route different from that named by the applicant. An application desiring to accept an alternative permit shall, within one day 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 division.
(k) Right to appeal. Any person denied a parade permit or who rejects an alternative permit, or who objects to any of the costs to be assessed by the city, shall have the right to an immediate appeal to the city manager. The hearing of a parade permit appeal shall be prioritized so as to allow the city manager the opportunity to review the appeal and render a decision prior to the requested date and time of the parade. Any applicant desiring to file an appeal shall, within 24 hours, excluding weekends and holidays after notice of the action of the chief of police, enter either a written or oral notice of appeal with the chief of police. The chief of police shall be responsible for forwarding the notice of appeal, along with all documents related to the appeal, to the city manager and arranging for the appeal hearing to take place within a reasonable period of time prior to the date of the proposed parade.
(l) Post event appeal. In the event an appeal based on costs cannot be resolved prior to the event, or if the applicant believes that the logistical support deployed for the event is not justified based on actual experience, or that a request for a fee waiver was wrongfully denied, that appeal may be made to the city manager within 48 hours after the event has occurred, and the city manager shall determine said appeal within the times prescribed above.
(m) Parking on parade route. The chief of police shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a street or highway or part thereof, constituting a part of the route of the parade. When necessary, the chief of police shall see that signs are posted to such effect at least 12 hours prior to the parade, and it shall be unlawful for any person to park, remain parked or leave unattended any vehicle in violation thereof. No person, however, shall be liable for parking on a street unposted in violation of this section.
(Ord. No. 2299, § 2, 6-25-96; Ord. No. 3527, § 1, 8-21-07; Ord. No. 4910, § 2, 11-9-21)
(a) General requirements.
(1) Peaceful picketing shall be allowed in the city provided the same is done in accordance with the following regulations:
a. Picketing shall be conducted only on sidewalks or other city-owned areas normally used or reserved for pedestrian movement, including casements and rights-of-way, and shall not be conducted on a portion of any street used primarily for vehicular traffic.
b. Picketers shall observe the right of non-picketers to utilize the public rights-of-way for passage on foot and shall at all times keep the public rights-of-way free and clear for utilization by other pedestrian movement
c. Picketers shall walk in single file and not abreast.
d. Picketers are encouraged to provide notice to the chief of police of intent to picket.
(b) Interruption of passage.
(1) Whenever the free passage of any street or other public area in the city shall be obstructed by picketers, persons picketing shall disperse or move along when directed to do so by a police officer of the city.
(2) Whenever the free passage of any street or other public area in the city shall be obstructed by a crowd, the persons composing such crowd shall disperse or move along when directed to do so by a police officer of the city.
(3) Nothing in this section shall prohibit any person from reconvening after dispersing so long as free passage of any street or other public area is not obstructed.
(c) Violation of this section shall be a misdemeanor and shall be punishable as provided in N.C. Gen. Stat. § 14-4.
(Ord. No. 2299, § 2, 6-25-96; Ord. No. 4910, § 2, 11-9-21)
(a) With the exception of law enforcement officers acting within the scope of their duties, no firearms or dangerous weapons of any kind, as defined by federal, state and local laws, may be possessed by any participant in a parade or by any person engaged in picketing.
(b) Violation of this section shall be a misdemeanor and shall be punishable as provided in N.C. Gen. Stat. § 14-4 in addition to any other applicable charges.
(Ord. No. 2299, § 2, 6-25-96; Ord. No. 4910, § 2, 11-9-21)
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