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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PARADE. Any scheduled walk, demonstration, procession, march, or motorcade consisting of persons, animals, vehicles, or a combination thereof, having a common purpose, design, designation, or goal, upon any public street, sidewalk, alley, or other public thoroughfare, which does not comply with normal and usual traffic regulations and controls.
SPECIAL EVENT. Any planned assembly, block party, demonstration, rally, or gathering of a group of 25 or more persons, animals, vehicles, or a combination thereof, in a public space that:
(1) Has a common purpose, design, or goal and:
(a) Which substantially inhibits the usual flow of pedestrians or vehicular travel on public streets;
(b) Which involves a temporary and exclusive use of a public space; and/or
(c) Involves a substantial deviation from the public space’s current use.
(2) SPECIAL EVENTS do not include the following:
(a) Parades;
(b) The use of public space by governmental agencies acting within the scope of their authority;
(c) Funeral processions; or
(d) Picnics or gatherings in reserved spaces within public parks, which are reserved on a first-come, first-served basis.
(A) No person shall conduct, manage, or participate in any parade or special event unless a permit has been issued in accordance with this chapter. If a permit is issued, no person shall conduct, manage, or participate in any parade or special event which is in violation of the terms or conditions of the permit.
(B) A permit must be applied for in writing on a form obtained from the town or any designated department, and shall be filed at least 72 hours prior to the commencement of any parade or special event, unless an exception to the deadline is granted by the town, or as provided in division (D) below. Late applications may be accepted at the discretion of the town or designee. The application shall set forth the following information:
(1) Name, address, and telephone number of any individual, group, association, firm, or corporation requesting the permit, and the applicable title or office of the person so applying;
(2) The name, address, and telephone number of the person(s) responsible for the organization, coordination, and conduct of the proposed activity;
(3) Time and date of commencement, and termination of the proposed activity;
(4) A detailed narrative and timeline, nature, and purpose of the parade or special event, including a description of all activities, schedule of events, and all other pertinent information;
(5) A detailed event site plan mapping the physical areas for the event;
(6) The anticipated maximum number of persons, vehicles, bands, floats, and other units of persons, horses, or other animals to participate; and
(7) Such other reasonably relevant information as the municipal staff may request for investigation of the application.
(C) The applicant shall submit nonrefundable permit fee(s) to be set by resolution of the Board of Trustees with the application. Additional fees approved by resolution of the Board of Trustees may also be required. If the municipality or its designees determine that the event requires or utilizes municipal resources beyond what is reasonable for a parade or special event, staff may deny the permit or may charge applicant additional fees equivalent to the town’s cost to provide the resources. Such fees may include municipality cost to provide barricades, police presence, sanitation, waste removal, picnic tables, and the like, and may be billed before the permit is issued, or after the parade or special event occurs.
(D) Demonstrations as defined below may be issued a special event or parade permit, as applicable. The municipality or its designee may consider an application that is filed after the filing deadline if there is sufficient time to process and investigate the permit application and to obtain municipal services for the event, and if the circumstance that gave rise to the event application did not reasonably allow the applicant apply within the time prescribed in division (B) above. A DEMONSTRATION under this section is defined a parade or special event which involves a rally, picketing, speech making, march, vigil, religious service, or similar gathering that primarily involves the communication or expression of opinions, grievances, or personal views.
(A) Special event and parade permit considerations. The municipal officials reviewing all permit applications shall evaluate the following considerations in deciding on each application:
(1) Whether the event promotes the community as a whole;
(2) Whether the event provides positive civic and economic benefit;
(3) The impact upon neighboring business and properties;
(4) The frequency of closures of streets/public spaces for parades and special events;
(5) Other events or activities that are permitted at the same time and/or location;
(6) The applicant’s conduct and compliance in sponsoring prior events;
(7) The health, safety, and public welfare of event participants, and the impact of the event on the health, safety, and public welfare of all citizens;
(8) If applicable, whether the applicant conformed to all permit requirements and the provisions in this chapter in holding any previous parades or special events; and
(9) The financial and practical ability of the applicant to conduct the proposed parade or special event in conformance with the provisions of the permit and this chapter.
(B) Parade permit.
(1) The municipality, or its designee, may issue a parade permit after evaluating the application, such other information as may otherwise be obtained, and the considerations in division (A) above.
(2) No parade permit shall be issued if:
(a) The proposed activity will substantially interrupt the safe and orderly movement of traffic;
(b) The proposed activity will require the diversion of so great a number of police officers of the town to properly police the activity and the areas contiguous thereto as to prevent normal police protection to the town;
(c) The proposed activity will require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of the town, other than that to be occupied by the activity and other areas contiguous thereto;
(d) Any concentration of persons, animals, units, floats, or vehicles at assembly points of the proposed activity will unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to the assembly areas;
(e) There is reason to believe that the proposed activity will not move from its point of origin to its point of termination, expeditiously and without unreasonable delay;
(f) Other similar scheduled activities for which permits have been issued will conflict with the activity proposed in the permit application;
(g) Applicant supervision for the proposed activity is inadequate, or volunteer/staff support for the parade is insufficient;
(h) The parade does not follow the standard parade route designated by the town, unless the town finds that a deviation from this route is substantially justified;
(i) The parade will adversely affect adjacent or neighboring properties by causing excessive noise or creating a nuisance;
(j) The parade will be conducted primarily for the purpose of private monetary gain or commercial advertisement; or
(k) The parade will fail to comply in any respect with the provisions of this chapter or any other applicable law.
(C) Special event permit.
(1) The town, or its designee, may issue a special event permit after evaluating consideration of the application, such other information as may be otherwise obtained, and the considerations in division (A) above.
(2) No special event permit shall be issued if:
(a) The proposed activity will substantially interrupt the normal and customary use of the public space;
(b) The proposed activity will impose an unreasonable burden upon the Police Department, Fire Department, or ambulance service;
(c) The proposed activity is scheduled to be held at an inappropriate time and or in an inappropriate location;
(d) Other similar scheduled activities for which permits have been issued will conflict with the special event proposed in the permit application;
(e) Applicant supervision for the proposed activity is inadequate, or volunteer/staff support for the proposed event is insufficient;
(f) The special event will cause unreasonable injury or damage to the public space requested;
(g) The event will involve such a number of persons or activities as will exceed the reasonable capacity of the public space requested;
(h) The special event will cause unreasonable adverse effects on adjacent or neighboring properties by causing excessive noise or creating a nuisance;
(i) The special event will be conducted primarily for the purpose of private monetary gain or commercial advertisement; or
(j) The special event will fail to comply in any respect with the provisions of this chapter or any other applicable law.
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