A. Statement Of Purpose: The purpose of this chapter is to set forth the standards of issuance for a parade or public assembly permit. It is further the purpose of this chapter to:
1. Assure that emergency services such as police, fire, and ambulance services are available for a parade or public assembly taking place within the corporate limits of the city.
2. Assure that emergency services such as police, fire, and ambulance services are not unreasonably inhibited in their ability to travel on and to cross public streets or property used by parades or public assemblies.
3. Assure that private business activities in Bancroft are not unreasonably impacted by parades or public assemblies.
4. Assure that traffic on public streets is not unreasonably disturbed or disrupted by parades or public assemblies.
5. Assure that public safety can be maintained.
6. Assure that public and private properties can be protected from harm.
B. Permit Issuance: Only one parade or public assembly permit will be granted for the same time and/or location. The clerk- treasurer shall issue the permit on a first come, first served basis.
C. Application Form; Approval: Affected city departments may request such information from the applicant as necessary to demonstrate compliance with applicable provisions of law. Information may be requested on the permit application form, through written instructions or through oral or written inquiries communicated from the city clerk-treasurer, addressed to the applicant. The time for considering the permit may be extended by the time taken by the applicant in responding satisfactorily to any inquiry, not to exceed five (5) business days.
D. Discrimination Prohibited: There shall be no discrimination in granting, denying, or conditionally granting permits under this chapter based upon statutorily protected or constitutionally guaranteed rights.
E. Permit Denial: The clerk-treasurer may deny a permit if the applicant or the person on whose behalf the application is made has on prior occasions made material misrepresentations regarding the nature or scope of a parade or public assembly previously permitted, or has violated the terms of prior permits issued to or on behalf of the applicant; or if the applicant or the person on whose behalf the application was made has on prior occasions damaged city property and not paid in full for such damage.
F. Additional Reasons For Denial; Halting Of Assembly: A permit may be denied where the clerk-treasurer determines that the parade would unreasonably disrupt traffic or public services, or where there is clear and convincing evidence that the applicant, not opponents of the applicant, intends to engage in violence, and that the time, place, and manner of the event cannot be adjusted such that the city will be able to control such potential violence without injury to bystanders or participants. A parade or public assembly may be halted by the county sheriff if at any time participants fail to conform to the permit or if an imminent risk of violence arises in the course of the parade or public assembly. No permit shall be issued if the applicant fails to demonstrate compliance with all applicable provisions of law, including the requirements of this chapter and any requirement of the state of Idaho, or Idaho department of transportation, if applicable. (2011 Code)