§ 100.42 PROCEDURE FOR OBTAINING PERMIT.
   The Chief of Police, or in his absence, the next highest ranking officer of the town police force, is authorized to issue permits as required in this section, and in the issuance thereof shall:
   (A)   Require a written application therefor to be filed two weeks in advance of the parade, picket line, or group demonstration on a form prescribed by the Police Department and which shall require the application to be signed by the persons filing the application. The applicant shall therein state the proposed place, time, purpose, and size of the parade, picket line, or group demonstration, and whether or not any minors below the age of 18 years shall participate.
   (B)   Refuse to issue a permit when the activity or purpose stated in the application would violate any ordinance of the town or statute of the state, endanger the public health or safety, or hinder or prevent the orderly movement of pedestrian or vehicular traffic on the sidewalks or streets of the town.
   (C)   Specify in the permit whether or not minors below the age of 18 years will be permitted to participate. The Chief of Police, or in his absence, the next highest ranking police officer of the town on duty, shall pass upon whether or not minors below the age of 18 years shall be permitted to participate in the parade, picket line, or group demonstration, and shall base his determination upon whether or not the purpose, time, or place of the participation will be detrimental to or endanger the health, welfare, or safety of the minors.
   (D)   The permit may set the starting time and duration of the parade, demonstration, or picket line and may set the speed of its travel; the space between persons or vehicles; the portions or areas of the streets and sidewalks to be used; the names of the units participating in the parade, group, or line; the length of the parade, group, or line; the route of the parade; and such other requirements as the Chief of Police or other designated officer may include in the permit for the control of free movement of traffic upon the streets and sidewalks, or for the health, safety, and property rights of the participants and general public. Failure to comply with such requirements, as set forth in the permit, shall be unlawful.
   (E)   The applicant for a permit shall specify, and the permit shall designate the person in charge of the parade, group demonstration, or picket line. The person in charge shall accompany the parade, demonstration, or picket line and shall carry the permit with him at that time.
   (F)   The Chief of Police or other designated officer, in considering the issuance of a permit shall, among other considerations provided, consider and find as a requisite for issuance that:
      (1)   The activity will not require excessive diversion of police from other necessary duties.
      (2)   The activity will not interfere with the right of property owners in the area to enjoy peaceful occupancy and use of their property.
      (3)   The activity can be conducted without unreasonable interference with normal vehicular or pedestrian traffic in the area, will not prevent normal police or fire protection to the public and will not be likely to cause injury to persons or property, provoke disorderly conduct, or create a public disturbance.
('70 Code, Ch. D, Art. VII § l)(Am. Ord. 01-02-09, passed 10-8-01) Penalty, see § 10.99