A. Statement Of Purpose: The purpose of these regulations is to set forth the standards of issuance for a parade or public assembly permit. It is further the purpose of these regulations to:
1. Assure that emergency services such as police, fire, and ambulance services are available for a parade or public assembly taking place within the corporate limits of the city of Hayden; and
2. Assure that emergency services such as police, fire, and ambulance services are not unreasonably inhibited in their ability to travel on and to cross public streets or property used by parades or public assemblies; and
3. Assure that private business activities in Hayden are not unreasonably impacted by parades or public assemblies; and
4. Assure that traffic on public streets is not unreasonably disturbed or disrupted by parades or public assemblies; and
5. Assure that public safety can be maintained; and
6. Assure that public property can be protected from harm.
B. Permit Issuance: Only one parade or public assembly permit will be granted for the same calendar day unless absolute assurance can be provided that the permitted events will not conflict and that public service obligations will not exceed the fiscal and operational limits of city personnel. The city clerk shall issue the permit on a first come, first served basis. Except for the city and other public agencies, individual persons/organizations/corporations shall be limited to one parade and/or one public assembly per month. Prior to issuance of the permit, the applicant shall provide a certificate of liability insurance in an amount not less than five hundred thousand dollars ($500,000.00).
C. Health District Requirement: No permit shall be granted unless the applicant obtains the approval of the Kootenai County health district indicating that the applicants for the permit have complied with the health requirements of such district for like or similar facilities. Such approval shall include the type and adequacy of water supply to be provided, the type and adequacy of toilet, waste collection and washing facilities to be provided, and if there is food or drink served on the premises, the type and adequacy of food and drink preparation, and food and drink service facilities to be provided.
D. Application Form; Approval: Affected city departments may request such information from the applicant as necessary to demonstrate compliance with applicable provisions of law. Information may be requested on the permit application form, through written instructions communicated from the city clerk or city administrator, or through written or oral inquiries addressed to the applicant by any designated city staff member. The time for considering the permit may be extended by the time taken by the applicant in responding satisfactorily to any inquiry, not to exceed five (5) business days.
E. Discrimination Prohibited: There shall be no discrimination in granting, denying, or conditionally granting permits under this chapter based upon statutorily protected or constitutionally guaranteed individual rights.
F. Permit Denial: The city clerk may deny a permit if the applicant or the person on whose behalf the application is made has on prior occasions made material misrepresentations regarding the nature or scope of a parade or public assembly previously permitted or has violated the terms of prior permits issued to or on behalf of the applicant; or if the applicant or the person on whose behalf the application was made has on prior occasions damaged city property and not paid in full for such damage.
G. Additional Reasons For Denial; Halting Of Assembly: A permit may be denied where the city clerk, upon the advice of the sheriff, determines that the parade would unreasonably disrupt traffic or public services or where there is clear and convincing evidence that the applicant, not opponents of the applicant, intends to engage in violence and that the time, place, and manner of the event cannot be adjusted such that the city will be able to control such potential violence without injury to bystanders, participants, or police. A parade or public assembly may be halted by the sheriff if at any time participants fail to conform to the permit or if an imminent risk of violence arises in the course of the parade or public assembly. No application for a permit shall issue if the applicant fails to demonstrate compliance with all applicable provisions of law, including the requirements of this chapter. (Ord. 469, 3-24-2009)