(A) Permit required. It shall be unlawful for any person to organize, conduct or participate in any parade, picket line or group demonstration in or upon any street, sidewalk, alley or other public place within the town, unless a permit therefore has been issued by the town in accordance with the provisions of this section.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BLOCK. The portion of any street lying between its intersections with other streets.
GROUP DEMONSTRATION. Any assembly together or concert of action between or among two or more persons for the purpose of protesting any matter or of making known any position or promotion of those persons, or of or on behalf of any organization or class of person or for the purpose of attracting attention to the assembly.
PARADE. Any assemblage of two or more persons participating in or operating any vehicle in any march, ceremony, show, exhibition or procession of any kind in or upon the public streets, sidewalks, alleys, parks or other public grounds or places.
PERSON. Any person, firm, corporation, partnership, association or other organization, whether formal or informal.
PICKET LINE. Any two or more persons formed together for the purpose of making known any position or promotion of the persons, or of or on behalf of any organization or class of persons.
(C) Permit; issuance; refusal. The Town Clerk, or his or her designee, is authorized to issue permits as required in the preceding section, and in the issuance therefore he or she shall:
(1) Require a written application for permit to be filed not less than 72 working hours in advance of the parade, picket line or group demonstration;
(2) Refuse to issue the permit for parades, picket line or group demonstration to commence before 6:00 a.m. or terminate after 5:00 p.m.;
(3) Require that the application for a permit specify whether or not minors below the age of 18 years will be permitted to participate; and
(4) Require that the application for a permit shall specify and the permit shall designate the person or persons in charge of the activity. The person shall be required to accompany the parade, picket line or group demonstration and shall carry the permit with him or her at that time. The permit shall not be valid in the possession of any other person.
(D) Prohibited activities. The following acts or activities, when performed or undertaken in conjunction with or as a part of, any parade, picket line or group demonstration, are hereby prohibited and declared unlawful:
(1) The carrying on or about the person any firearm, knives or any weapon or article, including but not limited to blackjacks, night sticks or flashlights, which by their use might constitute a deadly weapon;
(2) The taking or keeping of any dog or other vicious animal, whether leashed or unleashed;
(3) Refuse to issue the permit for parades, picket line or group demonstration to commence before 8:00 a.m. or terminate after 5:00 p.m.;
(4) Specify in the permit whether or not minors below the age of 18 years will be permitted to participate. The town shall pass upon whether or not the minors may participate, and shall base his or her determination upon whether or not the purpose or time or place of the particular activity will be detrimental to or endanger the health, safety or welfare of the minors, or will interfere with their education;
(5) Require that the application or a permit shall specify and the permit shall designate the person or persons in charge of the activity. The person shall be required to accompany the parade, picket line or group demonstration and shall carry the permit with him or her at that time. The permit shall not be valid in the possession of any other person;
(6) The permit may set the starting lime, duration, speed of travel and space between persons or vehicles in the parade, picket line or group demonstration, may prescribe the portions or areas of streets, alleys, sidewalks or other public places to be used and may impose other reasonable requirements as the town may prescribe for the control and free movement of pedestrian or vehicular traffic, or for the health, safety and property rights of the participants and the general public; and
(7) Among other considerations, consider and find as a requisite to issuance the following:
(a) The activity will not interfere with the right of property owners in the area to enjoy peaceful and lawful occupancy and use of their property; and
(b) The activity can be conducted without unreasonable interference with normal pedestrian or vehicular traffic in the area, and will not prevent normal police and fire protection to the public and will not be likely to cause injury to persons or property or to provoke disorderly or to create a public disturbance.
(E) Revocation of permit. The Town Clerk shall revoke any permit granted for a parade, picket line or group demonstration for any of the following causes:
(1) The violation of any participant of division (D) above; and/or
(2) The failure to comply with the terms and conditions of the permit.
(F) Interference with parade and the like prohibited. No person shall hamper, obstruct or interfere with any parade, picket line or group demonstration being conducted under authority of a permit duly issued by the town.
(G) Additional picketing regulations.
(1) Picketing may be conducted only on the sidewalks reserved for pedestrian movement, and may not be conducted on the portion of a street used primarily for vehicular traffic.
(2) Not more than two pickets promoting the same objective shall be permitted to use either of the two sidewalks within a single block at any one time.
(3) Pickets may carry written or printed placards or signs not exceeding two feet in width and two feet in length promoting the objective for which the picketing is done; provided, that the words used are not derogatory or defamatory in nature.
(4) Pickets must march in single file and not abreast and not march closer together than 15 feet, except in passing one another. Pickets shall not be allowed to walk more than five feet from curb line and shall be in continuous motion.
(5) If pickets promoting different objectives desire to use the same sidewalk for picketing, and the use would result in the presence of more than two pickets thereon, the Town Clerk shall allot time to each group of pickets for the use of the sidewalk on an equitable basis.
(H) Exceptions. The provisions of this chapter shall not apply to:
(1) Funeral processions; or
(2) Any governmental agency acting within the scope of its functions.
(1991 Code, Title X, § 4) Penalty, see § 10.99