A. Permit Required: It shall be unlawful for any person, group or organization to conduct, sponsor or take part in any parade, procession, march, assemblage, open air meetings or gathering, other than a funeral procession without first obtaining a permit as provided in this chapter:
1. On any public street, alley or other public way ("public ways") that will interfere with the free flow of vehicular, bicycle, pedestrian or other traffic on the public ways.
2. On any public property within fifty feet (50') of any public way that is likely to interfere with the free flow of vehicular, bicycle, pedestrian or other traffic on the public ways. A presumption of interference shall arise if more than one hundred (100) people are expected to assemble.
The word "event" is used hereafter to refer to any parade, procession, march, assemblage, open air meetings or gathering, regulated by this section.
B. Who May Apply For Permit: A permit may be obtained by an individual, local business, governmental entity, or non-profit organization that will be responsible for an event in the City to take place on or interfere with public ways in the City if the event is being conducted in conjunction with a local or regional community activity or celebration sponsored, promoted, organized or overseen by the City, Batavia School District, Batavia Park District, Batavia MainStreet, Batavia Chamber of Commerce or other local governmental body or community organization, provided that the event is directly related to the local or regional community activity or celebration and the applying organization complies with all of the provisions of this section.
C. Application:
1. Timing: Application for a permit under this section shall be made in writing to the Chief of Police or designee not less than seven (7) days nor more than thirty (30) days prior to the date upon which the event is to be held; provided that any application that includes a request to close roads and to route traffic must be filed not less than twenty one (21) days nor more than forty five (45) days prior to the event.
2. Content: Each application shall state the name, address, phone number and other contact information for the applicant responsible for the event; the name, address and phone number of the person managing the event for the applicant; the number of expected participants, vehicles, floats, structures and/or other apparatus to be used for the event; the proposed route or location of the event and/or placement of the vehicles, floats, structures and/or other apparatus; the date, beginning time and duration of the event; and such other pertinent data as would assist the City in making plans to accommodate the event.
D. Standards For Permit Issuance: The Chief of Police, or designee, shall consider the following factors when determining whether to issue a permit. The Chief of Police or designee may deny a permit if he finds any of the following are true:
1. That the proposed route or location has been reserved for other use on the date and hours requested in the application;
2. That the conduct of the event will substantially interrupt the safe and orderly movement of pedestrian and vehicular traffic at or contiguous to the place where the same is conducted or held without adequate, alternate routing of the vehicular or pedestrian traffic;
3. That the conduct of the event will prevent or unduly interfere with normal fire and police protection in the City, including adverse interference with the movement of emergency vehicles through the City;
4. That the event is not for a lawful purpose and is intended to cause a public disturbance or breach of the peace;
5. That the event is to be held primarily for a commercial purpose, the private profit or benefit of a person, group, or organization conducting or holding the event, or for the primary purpose of advertising a product, goods or service of a person, group or organization;
6. The event will require the diversion of so great a number of police officers of the City in order to oversee the orderly movement of the event and diversion of traffic along the parade route or at the event location and in the areas contiguous thereto as to prevent adequate police protection to the remainder of the City;
7. The event will unduly interfere with previously scheduled City functions or the normal pursuit of City activities;
8. Any significant potential danger to the public health, safety and welfare;
9. The area sought for an assemblage, open air meeting or gathering is such that the participants and attendees will assemble closer than twenty feet (20') from an open public way located within the City;
10. The time of event is planned to be going on between the hours of ten o'clock (10:00) P.M. and eight o'clock (8:00) A.M. the following day.
E. Issuance, Denial, Alternative Permits: The Chief of Police or designee shall act upon the application within five (5) days after its receipt. No permit will be denied on the basis of the purpose or object of the event, the entity applying for the event, the associations of the persons or entities responsible for the event, the content or purpose of the gathering or expression.
1. If approved, the Chief of Police or designee shall issue a permit that specifies the date, beginning and duration, route and/or location and such other information pertinent to the event as he shall find necessary and appropriate for the enforcement of this section and to ensure the public health, safety and welfare.
2. If the application is denied, the Chief of Police or designee shall notify the applicant in writing by mail, stating the reasons for the denial of the permit.
3. The Chief of Police or designee, in approving an application for a permit, shall be empowered to authorize the conduct of the event on a date, at a time, over a route, or at a location different from that requested by the applicant and/or upon conditions as are intended to protect the public health, safety and welfare and/or to minimize the undue interference with public ways and emergency response within the City. Any alternate permit shall conform to the requirements of this section.
F. Appeal Procedure: Any applicant denied a permit shall have the right to appeal the denial of the permit to the City Council within ten (10) days after receiving written notice of the denial.
G. Revocation Of Permit: The Chief of Police or designee shall have the authority to revoke a permit issued pursuant to this section for a violation of the standards for permit issuance, for any violence or threat of violence that occurs during the event from any participants in the event, for any breach or threat of breach of the safety of individuals or the public in general during the event, or for any violation of a provision of this section or violation of the law that threatens the public health, safety or welfare.
H. Rules And Regulations For Parades:
1. All parade sponsoring organizations, parade participants and bystanders must comply with the following parade rules and regulations:
a. Vehicles and floats ("parade units") must follow a straight course in a slow, cautious and safe manner with no quick starts, quick stops or spinning of tires and no swerving back and forth or reckless driving of any kind;
b. No persons shall ride on hoods, roofs, trunk lids, window ledges or doorframes of vehicles;
c. Persons shall not throw objects of any type from vehicles to any other person;
d. No persons shall jump on or off vehicles to distribute any item to any person;
e. Any item to be distributed must be preapproved by the Police Department. All items approved for distribution must be handed to observers and bystanders by persons who are walking and who have the items in their possession; no items approved for distribution may be kept on parade unit; persons distributing items approved for distribution must walk along with their own group and/or alongside their own parade units and must not intrude upon another group's activities or space;
f. Parade units must remain at all times in their assigned order unless specifically directed otherwise by a parade official;
g. Parade units must proceed safely to the end of the parade route and may stop and unload only in the area at the end of the parade route specifically designated for such purposes;
h. All parade units must keep pace with the parade units in front of them;
i. All parade units must maintain a minimum of three (3) car lengths of space but no more than five (5) car lengths between themselves and the parade units in front of them.
2. Any person and/or parade unit that violates any of the parade rules and regulations may be removed by the Police Department or designated parade official from participation in the parade.
3. Any person, parade unit and/or sponsor organization that violates any one or more of the parade rules and regulations may be refused participation in any future parade.
4. In addition to the rules and regulations set forth above, all persons operating motor vehicles in the parade must observe and comply with the provisions of the Illinois Vehicle Code and local City ordinances.
5. Traffic citations may be given for violations of State and local traffic laws.
I. Insurance, Waiver And Indemnification Requirements: No person or organization may organize, sponsor or promote an event without satisfying all of the following requirements:
1. Sign an agreement to indemnify and hold harmless the City from and against any and all liabilities arising or occurring during or as a result of the event;
2. Obtain and provide insurance for the day of the event naming the City of Batavia, Illinois, as an additional insured in the following minimum amounts:
a. General liability coverage in the amount of at least one million dollars ($1,000,000.00), and
b. Automobile liability coverage in the amount of at least five hundred thousand dollars ($500,000.00);
3. If public ways must be closed in order to allow the event to progress unimpeded along the intended route, for the safety of the participants and others coming into contact with the event, or for any other reason, the applicant shall create a plan with the approval of Police Department for the provision of barriers, signs, and other devices in compliance with applicable local, County and State guidelines, regulations and laws, including the State Manual for Uniform Traffic Control Devices; and
4. Execute a promise to pay the amount up to one thousand dollars ($1,000.00) to cover the cost of excessive clean-up of debris left as a result of the event. (Ord. 18-50, 8-6-2018)