(a) No person, group of persons or organization shall initiate, sponsor, conduct or participate in any parade, assemblage or procession other than a funeral procession, upon any public street, highways, other public way, sidewalk or other municipal property or block off any public street, highway, other public way, sidewalk or other municipal property, without first obtaining a permit from the Safety Director.
Applications for such permits shall be made on such forms as may be prescribed and shall contain such information as is reasonably necessary to a fair determination of whether a permit should be issued. Applications shall be filed not less than five days before the time intended for such parade, procession or assemblage, nor more than six months in advance of the time intended for such parade, procession or assemblage. Should two or more requests be made for use of the same area(s) on the same date and time, the area(s) will be scheduled.
(1) According to whether there is a known community-wide event that historically has occurred on that date utilizing the requested area; and
(2) On a first-come, first served basis.
Notwithstanding items (a)(1) and (a)(2) hereof, every effort will be made by the Municipality to accommodate all requests for space. Conflicting requests will be analyzed on a case-by-case basis.
(b) The permit may be refused or cancelled if:
(1) The time, place, size or conduct of the parade, assemblage or procession including the assembly areas and route of march would unreasonably interfere with the public convenience and safe use of the streets and highways.
(2) The parade, assemblage or procession would require the diversion of so great a number of police officers to properly police the line of movement, assembly area and areas contiguous thereto so as to deny normal police protection to the Municipality.
(3) The parade or procession route of march or assembly areas would unreasonably interfere with the movement of police vehicles, fire-fighting equipment or ambulance service to other areas of the Municipality.
(4) The parade, assemblage or procession would unreasonably interfere with another parade, assemblage or procession for which a permit has been issued.
(5) The information contained in the application is found to be false, misleading or incomplete in any material detail.
(6) An emergency such as a fire or storm would prevent the proper conduct of the parade, assemblage or procession.
The permit or any other order accompanying it may limit or prescribe reasonable conditions, including the hours, the place of assembly and of dispersal, the route of march or travel and the streets, highways or portions thereof which may be used or occupied.
(c) (1) During the duration of a permit issued pursuant to subsection (a) hereof, within any approved assemblage area, the Municipality may, as is reasonable and appropriate, designate a specific area or areas within the assemblage area for use by the public for the purpose of public speaking designed to gather crowds and for the free discussion of the issues and/or ideas. If such an area is designated, subject to reasonable time, place, and manner restrictions, no mobile advertising and/or public speaking designed to gather a crowd shall be permitted within the assemblage area(s), other than at the designated public speaking area(s).
(2) Within the designated public speaking area(s), the using or operating of any loudspeaker, sound amplifier, or other machine or device for the producing or reproducing of sound which is cast upon the public street or assemblage area for the purpose of commercial advertising or attraction of the attention of the public is prohibited. Natural voice only shall be permitted within the designated public speaking area(s).
(3) The Municipality reserves the right to limit or cancel the use of the designated public speaking area(s) at any time due to compelling unforeseen or operational circumstances. Every reasonable effort will be made to alleviate the effects of any such limitation.
(4) The use of the designated public speaking area(s) shall be by permit of the Safety Director only. There shall be equal access for all persons or groups to such permits and a permit shall not be unreasonably denied. A permit under this section shall be requested no less than two business days prior to the time the applicant wishes to use the designated public speaking area. For good cause shown, and solely within the discretion of the Safety Director, a request for a permit under this section may be submitted less than two business days before the time the applicant wishes to use the designated public speaking area. Requests for a permit under this section shall include the name, address and telephone number of the applicant and the date, time and general nature of the intended use of the designated public speaking area(s). Should two or more requests be made for use of the designated public speaking area(s) on the same date and time, the designated public speaking area(s) will be scheduled on a first-come, first- served basis. Conflicting requests will be analyzed on a case-by-case basis.
(5) The issuance of a permit for use of the designated public speaking area(s) shall not imply endorsement or approval by the Municipality of the conduct, objectives or views of the permit holder.
(d) After receiving an initial warning, whoever violates subsection (c) hereof or the terms of a permit issued thereunder may be guilty of criminal trespassing, a misdemeanor of the fourth degree and/or disorderly conduct, a misdemeanor of the fourth degree, and is otherwise subject to any civil or criminal penalties provided by state law and the ordinances of the Municipality. If in violation of a permit issued under subsection (c) hereof, the violator may be removed from the designated public speaking area.
(Ord. 4-31-10. Passed 4-20-10.)