Skip to code content (skip section selection)
Compare to:
Loading...
§ 54.104 EXEMPTIONS
   The following businesses and institutions are exempt from the provisions of this section:
   (A)   Hospitals; and
   (B)   Nursing homes.
§ 54.199 PENALTY
   Any person violating the provisions of this article shall be guilty of a misdemeanor and shall be punished by a fine not to exceed two hundred fifty ($250.00) dollars, or confined in jail for not more than thirty (30) days, or both. Each day any violation of any provision herein shall continue shall constitute a separate offense.
(Ord. No. 2.77, §§ 1.7, 3-1-77)
ARTICLE III. PARADES AND PUBLIC ASSEMBLIES
§ 54.200 DEFINITIONS
   “CHIEF OF POLICE.” The City of Police of the City of Berea, Kentucky.
   “CITY.” means the City of Berea.
   “PARADE.” Any march, demonstration, procession or motorcade consisting of persons, animals, or vehicles, or a combination thereof, upon the streets, parks or other public grounds within the city, with an intent of attracting public attention that interferes with the normal flow or regulation of traffic upon the streets, parks, or other public grounds.
   “PARADE” or “PUBLIC ASSEMBLY PERMIT.” A permit as required by this article.
   “PERSON.” Any person, firm, partnership, association, corporation, company, or organization of any kind.
   “PUBLIC ASSEMBLY.” Any meeting, demonstration, picket line, rally, or gathering of more than twenty-five (25) persons for a common purpose as a result of prior planning that interferes with the normal flow or regulation of pedestrian or vehicular traffic or occupies any public area in a place open to the general public.
   “SIDEWALK.” Any area or way set aside or open to the general public for purposes of pedestrian traffic, whether or not it is paved.
   “STREET.” Any place or way set aside or open to the general public for purposes of vehicular traffic including any berm or shoulder parkway, right-of-way, or median strip thereof.
(Ord. No. 13-04, § 1, 7-6-04)
§ 54.201 PERMIT REQUIRED
   No person shall engage in or conduct any parade or public assembly unless a permit is issued by the Chief of Police.
(Ord. No. 13-04, § 1, 7-6-04)
§ 54.202 EXCEPTIONS
   This article shall not apply to the following:
   (A)   Funeral processions;
   (B)   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;
   (C)   A governmental agency acting within the scope of its functions; and
   (D)   Spontaneous events occasioned by news or affairs coming into public knowledge within two (2) days of such public assembly, provided that the organizer thereof gives written notice to the city at least twenty-four (24) hours prior to such parade or public assembly.
(Ord. No. 13-04, § 1, 7-6-04)
§ 54.203 APPLICATION
   (A)   A person seeking a parade or public assembly permit shall file an application with the Chief of Police on forms provided by such officer and the application shall be signed by the applicant under oath.
   (B)   For single, non-recurring parades or public assemblies, an application for a permit shall be filed with the Chief of Police at least ten (10) and not more than one hundred eighty (180) days before the parade or public assembly is proposed to commence. The Chief of Police may waive the minimum ten (10) day filing period and accept an application filed within a shorter period if, after due consideration of the date, time, place, and nature of the parade or public assembly, the anticipated number of participants, and the city services required in connection with the event, the Chief of Police determines that the waiver will not present a hazard to public safety.
   (C)   For parades or public assemblies held on a regular or recurring basis at the same location, an application for a permit covering all such parades or assemblies during that calendar year may be filed with the Chief of Police at least sixty (60) days and not more than one hundred eighty (180) days before the date and time at which the first such parade or public assembly is proposed to commence. The Chief of Police may waive the minimum sixty (60) day period after due consideration of the factors specified in subsection (B), above.
   (D)   The application for a parade or public assembly permit shall set forth the following information:
      (1)   The name, address and telephone number of the person seeking to conduct such parade or public assembly;
      (2)   The names, addresses and telephone numbers of the headquarters of the organization for which the parade or public assembly is to be conducted, if any, and the authorized and responsible heads of the organization;
      (3)   The requested date of the parade or public assembly;
      (4)   The route to be traveled, including the starting point and the termination point;
      (5)   The approximate number of persons who, and animals and vehicles which will constitute such parade or public assembly and the type of animals and description of the vehicles;
      (6)   The hours which such parade or public assembly will start and terminate;
      (7)   A statement as to whether the parade or public assembly will occupy all or only a portion of the width of the streets proposed to be traversed;
      (8)   The location by street of any assembly areas for such parade or public assembly;
      (9)   The time at which units of the parade or public assembly will begin to assembly at any such area;
      (10)   The intervals of space to be maintained between units of such parade or public assembly;
      (11)   If the parade or public assembly is designed to be held by, or on behalf of, any person other than the applicant, the applicant for such permit shall file a letter from that person with the Chief of Police authorizing the applicant to apply for the permit on his behalf;
      (12)   The type of public assembly, including a description of activities planned during the event;
      (13)   A description of any recording equipment, sound amplification equipment, banners, signs, or other attention-getting devices to be used in connection with the parade or public assembly;
      (14)   The approximate number of participants (spectators are by definition not participants);
      (15)   The approximate number of spectators;
      (16)   A designation of any public facilities or equipment to be utilized; and
      (17)   Any additional information that the Chief of Police finds reasonably necessary to a fair determination as to whether a permit should issue.
(Ord. No. 13-04, § 1, 7-6-04)
Loading...