(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICANT. A person who has filed a written application for a parade permit.
CHIEF OF POLICE. The chief of police for the Town or his or her designated agent.
PARADE. The assembly of three or more persons whose gathering is for the common design and purpose of traveling or marching in procession from one location to any other location to express feelings and beliefs on current political, religious, or social issues, and/or races or walks involving ten or more persons.
PARADE PERMIT. Written approval from the chief of police for a parade or procession.
PERMITTEE. The person to whom a parade permit is granted pursuant to this subchapter.
SIDEWALK. That portion of a street intended for the use of pedestrians that is located between the curb lines, or lateral lines of a roadway, and the adjacent property lines.
STREET. The entire width between the boundary lines of every way publicly maintained, when any part is open to the use of the public for purposes of vehicular travel.
(B) Permit required; exceptions.
(1) A person commits an offense if he engages in, participates in, aids, or commences a pedestrian parade or vehicular parade, or a combination of both, upon the streets of the Town without making written application for and receiving a parade permit from the chief of police.
(2) (a) Application for a parade permit for a parade of more than 25 persons or more than three motor vehicles shall be made not less than 72 hours, excluding Saturdays, Sundays, and legal holidays, prior to the date and time of the commencement of the parade. Failure to file an application 72 hours in advance will not result in automatic denial of the permit, provided that the applicant shows reasonable grounds why the application could not be filed 72 hours in advance.
(b) Application for a parade permit for a parade of 25 persons or less and three motor vehicles or less shall be made not less than 48 hours prior to the time of the commencement of the parade.
(3) No parade permit shall be required under this subchapter for the following:
(a) The armed forces of the United States of America, the military forces of the state, and the forces of the police and fire departments acting within the scope of their duties.
(b) A funeral procession proceeding by vehicle under the most reasonable route from a funeral home, church, or residence of a deceased to the place of service or place of interment.
(c) A peaceful demonstration at a fixed location which is not a street.
(d) A sidewalk procession which observes and complies with traffic regulations and traffic control devices, using that portion of a sidewalk nearest the street, but at no time using more than one- half of the sidewalk.
(C) Application for parade permit; fee.
(1) The application for a parade permit shall contain the following information and be signed by the applicant and sworn to before an officer authorized to administer oaths:
(a) The name, address, and telephone number of the applicant and of any other person, organization, firm, or corporation on whose behalf the application is made.
(b) The date and time of day requested for the parade.
(c) The parade’s commencement time, the specific route to be traveled, and the starting and termination points.
(d) The estimated number of persons to participate in the parade and the estimated number of animals that will be used.
(e) The estimated number, if any, of animals and riders, animal-drawn vehicles, floats, motor vehicles, motorized displays, and marching units or organizations such as bands, color guards, and drill teams.
(2) An application for a parade permit must be accompanied by a nonrefundable application fee of $25. The chief of police may waive the application fee if he finds, in response to an affidavit by the applicant, that the applicant is unable to pay the application fee because of indigence.
(D) Issuance, denial, and revocation of parade permit.
(1) Time requirement. Upon receipt of an application for a parade permit, the chief of police shall furnish to the applicant within three days, excluding Saturdays, Sundays, and legal holidays, appropriate approval or denial of the permit.
(2) Alternate route. Should the application for a parade permit reveal that the parade route requested will interfere with the orderly flow of vehicular and pedestrian traffic, the chief of police shall have authority to establish a reasonable alternate route and regulate the width of the parade.
(3) Denial. The chief of police shall deny a parade permit when the parade for which the permit is requested would:
(a) Begin during or within two hours after the end of a parade for which a permit has been granted and follow a route that passes within one-half mile of any point of the route of the parade for which a permit has been granted; or
(b) Unreasonably disrupt the orderly flow of traffic, and no reasonable means of rerouting traffic or otherwise meeting traffic needs is available.
(4) Revocation. The chief of police shall revoke a parade permit if:
(a) The parade fails to begin within 30 minutes of the appointed time of commencement; or
(b) The information contained in the application for a parade permit is found to be false in any material detail.
(E) Appeal of denial or revocation of parade permit. If the chief of police denies or revokes a parade permit, this action shall be final unless the applicant or permittee shall, within two days after the receipt of notice of the denial or revocation, file with the Board of Mayor and Aldermen a written appeal. The Board of Mayor and Aldermen shall, within 48 hours after the appeal is filed, consider all the evidence in support of or against the action appealed and render a decision either sustaining or reversing the denial or revocation. The decision of the Board of Mayor and Aldermen shall be final.
(`83 Code, § 12-210) (Ord. passed 7-7-66; Am. Ord. 2003-09, passed 4-14-03)