(A) Parades; definition. For the purposes of this section, the word PARADE shall mean and include any parade, organized march, demonstration, procession, race, or motorcade consisting of persons, animals, or vehicles or a combination thereof upon the streets, parks, or other public grounds within the city that interferes with the normal flow or regulation of pedestrian or vehicular traffic upon city right-of-way, parks, or other public grounds in the city.
(B) Permit; required. No person shall engage in or conduct any parade unless a permit for such purpose is first issued pursuant to this section. This section shall not apply to:
(1) Funeral processions;
(2) Students going to and from school classes or participating in educational activities, providing such conduct is under the immediate direction and supervision of the proper school authorities; and
(3) A governmental agency acting within the scope of its functions.
(C) Permit; application; time. A person seeking issuance of a parade permit shall file an application with the City Clerk on forms provided by such office. The application shall be filed not less than 15 days before the date on which it is proposed to conduct the parade. The City Administrator may, if good cause is shown by the organization or individual, consider an application which has been filed less than 15 days before the date of the proposed parade.
(D) Permit; application; contents. The application for a parade permit shall set forth on a form to be furnished by the City Clerk:
(1) The name, address and telephone number of the person seeking to conduct such parade;
(2) If the parade is proposed to be conducted for, on behalf of, or by an organization, the name, address and telephone number of the headquarters of the organization, and of the authorized and responsible heads of such organization;
(3) The name, address and telephone number of the person who will be the parade chairperson and who will be responsible for its conduct;
(4) The date when the parade is to be conducted;
(5) The route to be traveled, the starting point and the termination point;
(6) The approximate number of persons who, and animals and vehicles which, will constitute such parade; the type of animals, and description of the vehicles;
(7) The hours when such parade will start and terminate;
(8) A statement as to whether the parade will occupy all or only a portion of the width of the streets proposed to be traversed;
(9) The location by streets of any assembly areas for such parade;
(10) The time at which units of the parade will begin to assemble at any such assembly area or areas;
(11) Any additional information which the Police Chief shall find reasonably necessary to a fair determination as to whether a permit should issue; and
(12) If the parade is designed to be held by, and on behalf of or for, any person other than the applicant, the applicant for such permit shall file with the City Clerk a communication in writing from the person proposing to hold the parade, authorizing the applicant to apply for the permit on his or her behalf.
(E) Permit; standards for issuance. The City Administrator (or in his or her absence, the City Clerk or Police Chief) may approve a permit as provided for hereunder when, from a consideration of the application and from such other information as may otherwise be obtained, it is found that:
(1) The conduct of the parade will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route;
(2) The conduct of the parade will not require the diversion of so great a number of police officers of the city to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection to the city;
(3) The conduct of the parade will not require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of the city other than that to be occupied by the proposed line of march and areas contiguous thereto;
(4) The concentration of persons, animals, and vehicles at assembly points of the parade will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such assembly areas;
(5) The conduct of the parade will not interfere with the movement of firefighting equipment en route to a fire;
(6) The conduct of the parade is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct or create a disturbance;
(7) The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route; and
(8) The parade is not to be held for the sole purpose of advertising any product, goods, or event, and is not designed to be held purely for private profit.
(F) Permit; decision on application. The City Administrator shall act upon the application for a parade permit within five days after the filing thereof.
(G) Permit; denial. If the City Administrator denies the application, a notice of the denial shall be mailed or delivered to the applicant stating the reasons therefor.
(H) Permittee; parade chairperson; duties. A permittee hereunder shall comply with all permit directions and conditions and with all applicable laws, including applicable provisions of this municipal code. The parade chairperson or other person heading or leading such activity shall carry the parade permit upon his or her person during the conduct of the parade.
(I) Permit; insurance.
(1) An organization or individual should name the city as additional insured on general liability policy effective on the requested use date(s) covering any acts of negligence on the part of person or
organization or by any of his, her or its agents, officers, servants, employees, or by persons on city property because of city property use request in the amount of $500,000 in bodily injury liability and $500,000 property damage liability or a combined limit of $1,000,000.
(2) Upon written showing of good cause, the above insurance requirement may be waived in the discretion of the City Administrator.
(J) Permit; revocation. The City Administrator or Police Chief may revoke a permit for an activity referred to if it finds that the standards for issuance set forth in this section will not, or probably will not, be substantially met, or that the permittee has willfully or negligently failed to comply with the requirements of this section in any substantial respect. The City Clerk, within 24 hours after revocation of a permit, shall deliver or mail to the permittee a notice in writing of the revocation, stating the reason therefor.
(K) Permit; appeal. Any person aggrieved shall have the right to appeal the denial or revocation of a parade permit to the City Council. The appeal shall be taken by filing a notice thereof with the City Clerk within ten days after the mailing or delivery of the notice of denial or revocation. The City Council shall act upon the appeal within ten days after its receipt.
(L) Public conduct during parades.
(1) No person shall unreasonably hamper, obstruct or impede, or interfere with any parade or parade assembly or with any person, vehicle or animal participating or used in a parade.
(2) No operator of any vehicle shall drive between the vehicles or persons comprising a parade when such vehicles or persons are in motion and are conspicuously designated as a parade.
(3) The Police Chief shall have the authority, when reasonably necessary, to prohibit or restrict the operation or parking of vehicles along a street constituting a part of the route of a parade. The Police Chief shall post signs to such effect, or cause police officers to direct traffic at such locations, and it shall be unlawful for any person to operate or to park or leave unattended any vehicle in violation of such sign or directions given by such officers.
(4) No candy or other items shall be thrown from a moving float or other vehicle, including horseback, bicycle, hand-pulled carts, or any other vehicle occupying part of the parade route. Candy or items to be given away will only be allowed by people walking as near to the curb as possible along the parade route. Parade participants walking along the parade route may hand out candy or items to spectators, but not other participants.
(5) No liquid of any kind may be thrown, sprayed, or otherwise dissipated to spectators from anyone who is a parade participant. No liquid of any kind may be thrown, sprayed, or otherwise dissipated from spectators. This includes, but is not limited to, anyone traveling in the parade in vehicles described in division (L)(4) above.
(6) No alcoholic beverages of any kind shall be consumed while participating in the parade.
(M) Violations.
(1) Violators of parade regulations shall be escorted to the nearest intersection and directed out of the parade. Violators shall wait in areas designated by the city until traffic clears, spectators clear, or as otherwise directed by a city police officer. The failure to leave the parade when directed will result in citations being issued to violators for disorderly conduct.
(2) The city shall have the authority to revoke a permit under this section instantly upon violation of the conditions and standards for issuance as set forth in the article of when a public emergency arises where the police or other resources required for that emergency are so great that deployment of city services for the parade or public assembly would have an immediate and adverse effect upon the welfare and safety of persons or property, or other unforeseen conditions exist that may render the event unsafe.
(Prior Code, § 71.16) (Ord. 1864, passed 4-14-2008; Ord. 1905, passed 11-23-2009)