(A) No person shall engage in or conduct any parade or public assembly unless a special event permit is issued by the town.
(B) This section shall not apply to the following:
(1) Funeral processions;
(2) Students going to and from school classes or participating in educational activities, provided that such conduct is under the immediate direction and supervision of school authorities;
(3) A governmental agency acting within the scope of its functions; and
(4) Spontaneous events occasioned by news or affairs coming into public knowledge within two days of such public assembly, provided that the organizer thereof gives written notice to the town at least 24 hours prior to such parade or public assembly.
(C) For single, non-recurring parades or public assemblies, an application for a permit shall be filed with the Deputy Town Manager at least 30 and not more than 180 days before the parade or public assembly is proposed to commence. The Deputy Town Manager may waive the minimum 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 town services required in connection with the event, determines the waiver will not present a hazard to public safety.
(D) 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 Deputy Town Manager at least 30 and not more than 180 days before the date and time at which the first such parade or public assembly is proposed to commence. The Deputy Town Manager may waive the minimum period after due consideration of the factors specified in division (C) of this section.
(E) 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(s) of the parade or public assembly;
(4) The route to be traveled, including the starting and termination points;
(5) The approximate number of persons, animals and vehicles that will constitute such parade or public assembly and the type of animals and description of the vehicles;
(6) The hours when 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 traveled;
(8) The location by street of any staging or assembly areas for such parade or public assembly;
(9) The time at which units of the parade or public assembly will begin to assemble at any such staging or assembly 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 Deputy Town Manager authorizing the applicant to apply for the permit on his or her 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 town finds reasonably necessary to a fair determination as to whether a permit should issue.
(F) Persons engaging in parades or public assemblies conducted for the sole purpose of political or other speech protected under the First Amendment of the United States Constitution are not required to pay for any police protection provided by the town.
(G) The Deputy Town Manager shall issue a permit as provided for herein when, from a consideration of the application and from such other information as may otherwise be obtained, he or she finds that:
(1) The conduct of the parade or public assembly will not substantially interrupt the safe and orderly movement of other pedestrian or vehicular traffic contiguous to its route or location;
(2) The conduct of the parade or public assembly will not require the diversion of so great a number of town police officers to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection of the town;
(3) The concentration of persons, animals, and vehicles at staging or public assembly points of the parade or public assembly will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such staging and public assembly areas;
(4) The conduct of the parade or public assembly is not reasonably likely to cause injury to persons or property;
(5) The parade or public assembly is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays;
(6) Adequate sanitation and other required health facilities are or will be made available in or adjacent to any staging and public assembly areas;
(7) There are sufficient parking places near the site of the parade or public assembly to accommodate the number of vehicles reasonably expected;
(8) The applicant has secured the police protection required, if any;
(9) Such parade or public assembly is not for the primary purpose of advertising any product, goods, or event that is primarily for private profit, and the parade itself is not primarily for profit. The prohibition against advertising any product, goods, or event shall not apply to signs identifying organizations or sponsors furnishing or sponsoring exhibits or structures used in the parade;
(10) No parade or public assembly permit application for the same time and location is already granted or has been received and will be granted;
(11) No parade or public assembly permit application for the same time but not location is already granted or has been received and shall be granted, and the police resources required for that prior parade or public assembly are so great that in combination with the subsequent proposed application, the resulting deployment of police services would have an immediate and adverse effect upon the welfare and safety of persons and property; and
(12) No event is scheduled elsewhere in the town where the police resources required for that event are so great that the deployment of police services for the proposed parade or public assembly would have an immediate and adverse effect upon the welfare and safety of persons and property.
(13) The Deputy Town Manager shall act promptly upon a timely filed application for a parade or public assembly permit but in no event shall grant or deny a permit less than ten days prior to the event. If the Deputy Town Manager disapproves the application, s/he shall notify the applicant either by personal delivery or certified mail at least ten days prior to the event of his or her action and state the reasons for denial.
(H) The Deputy Town Manager, in denying an application for a parade or public assembly permit, may authorize the conduct of the parade or public assembly at a date, time, location, or route different from that named by the applicant. The applicant must, within five days, file a written notice of acceptance. An alternate parade or public assembly permit shall conform to the requirements of, and shall have the effect of, a permit issued under this section.
(I) Any applicant shall have the right to appeal the denial of a parade or public assembly permit to the Town Manager. The denied applicant shall make the appeal within five days after receipt of the denial by filing a written notice with the Town Clerk. The Town Manager shall act upon the appeal within five days of receipt of the notice of appeal.
(J) Immediately upon the issuance of a parade or public assembly permit, the Deputy Town Manager shall send a copy thereof to the following:
(1) Town Manager;
(2) Finance Director;
(3) Fire Chief;
(4) Chief of Police;
(5) Public Works Director;
(6) Town Clerk; and
(7) Postmaster.
(K) Each permit shall state the following information:
(1) Starting and approximate ending time;
(2) The portions of the streets that may be occupied by the parade or public assembly; and
(3) Such other information as the town shall find necessary to the enforcement of this section.
(L) A permittee hereunder shall comply with all permit directions and conditions and with all applicable laws and ordinances. The parade or public assembly chairman or other person heading such activity shall carry the parade or public assembly permit upon his person during the conduct of the parade or public assembly.
(M) The following prohibitions shall apply to all parades and public assemblies:
(1) It shall be unlawful for any person to stage, present, or conduct any parade or public assembly without first having obtained a permit as herein provided; and
(2) It shall be unlawful for any person participating in a parade or public assembly to utilize sound amplification equipment at decibel levels that exceed those limits imposed by Title XIII, § 132.02 of this code unless expressly authorized by the permit.
(N) The public shall conduct itself as follows.
(1) No person shall unreasonably hamper, obstruct, impede, or interfere with any parade or public assembly or with any person, vehicle, or animal participating or used in a parade or public assembly.
(2) No driver of a vehicle shall drive between the vehicles or persons comprising a parade or public assembly when such vehicles or persons are in motion and are conspicuously designated as a parade or public assembly.
(Ord. 549-10, passed 1-3-2011) Penalty, see § 112.55