(A) No organization or group shall use any portion of the streets, sidewalks or other public rights-of-way, or any public property for public assembly, parade or demonstration purposes without first obtaining a permit.
(B) A person seeking issuance of a parade, public assembly or demonstration permit shall file an application in person with the Chief of Police, or designee, on forms provided by the city.
(1) Filing period. An application for a parade, public assembly or demonstration permit shall be filed with the Chief of Police not less than ten business days nor more than 20 business days before the date on which it is proposed to conduct the parade, assembly or demonstration.
(2) Administrative fee. A reasonable fee covering administrative expenses associated with the processing of the permit application for use of the public ways shall accompany the application. This application fee shall be waived upon a showing by the applicant of an inability to pay.
(3) Contents. The application for a parade, public assembly or demonstration permit shall set forth the following information:
(a) The name, address and telephone number of the person seeking to conduct such parade, public assembly or demonstration.
(b) If the parade, public assembly or demonstration is proposed to be conducted for, on behalf of, or by any organization, the name, address and telephone number of the headquarters of the organization, and of the authorized and responsible heads of the organization.
(c) The name, address and telephone number of the person who will be the parade, public assembly or demonstration chairman who will be responsible for its conduct.
(d) The date and time when the parade, public assembly or demonstration is to be conducted.
(e) The route of any assembly, parade or demonstration including locations by streets.
(C) Scope of authority. The Chief of Police shall act upon the application for a permit within three business days after filing thereof. No permit shall be denied unless the Chief of Police or designee, after consideration of the application and other information as may otherwise be obtained, determines that the granting of such permit would interfere with the health, safety and/or welfare of the public.
(1) Public safety considerations. In determining whether a permitted event would interfere with the health, safety and/or welfare of the public, the Chief of Police or designee shall consider, but shall not be limited to, the following:
(a) Whether the conduct of the parade, public assembly or demonstration will substantially interrupt the safe and orderly movement of other traffic contiguous to its route or location.
(b) Whether the conduct of the parade, public assembly or demonstration will 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.
(c) Whether the concentration of persons, animals or vehicles at assembly points of the parade will unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such assembly areas.
(d) Whether the conduct of the parade, public assembly or demonstration is reasonably likely to cause injury to persons or property, to provoke disorderly conduct or create a disturbance or attract prohibited weapons.
(2) Notice and alternative permits. If the Chief of Police denies the application for any reason, he/she shall mail to the applicant within three business days after the date upon which the application was filed, a notice of his/her action, stating the reasons for his/her denial of the permit. The Chief of Police, in denying an application for a parade, public assembly or demonstration permit, shall propose to the applicant reasonable alternatives relating to the conduct of a parade, public assembly or demonstration on a date, at a time, or over a route different from that named by the applicant. An applicant desiring to accept an alternative permit shall, within three business days after the notice of the action of the Chief of Police, file a written notice of acceptance with the Chief of Police. An alternative parade, public assembly or demonstration permit shall conform to the requirements of, and shall have the effect of a parade, public assembly or demonstration permit under this section. In the event an applicant is not willing to accept a proposed alternative permit, or fails to accept the alternative permit within three business days, as required under this division, the permit may be denied by the Chief or designee.
(3) Appeal procedure. Any person aggrieved shall have the right to appeal the denial of a parade, public assembly or demonstration permit by submitting a written request for appeal to the City Manager no later than three business days following the denial of the permit application. The City Manager shall confer with the City Attorney and respond to the appeal of the permit denial in writing by registered mail, return receipt, no later than three business days from the submission of the written appeal.
(D) In the event that a public assembly, parade or demonstration is a threat to property or safety, by virtue of the participants engaging in disorderly conduct, as defined by § 133.23, the persons so assembled can be required to disperse.
(E) By applying for and being granted such permit, the applicant shall assume all civil liability arising from the activities of the participants of the public assembly, parade or demonstration.
('72 Code, § 29-2)
(F) Duties of permittee.
(1) Compliance with laws. A permittee hereunder shall comply with all permit directions and conditions and with all applicable laws and ordinances.
(2) Possession of permit. The parade, public assembly or demonstration chairman or other person heading or leading such activity shall carry the permit upon his/her person during the conduct of the parade, public assembly or demonstration.
(G) Revocation of permit. The Chief of Police shall have the authority to revoke a parade, public assembly or demonstration permit issued hereunder if a parade, public assembly or demonstration fails to comply with provisions set forth herein, or if necessary to insure public safety.
(Ord. O-89-18, passed 5-3-89; Am. Ord. O-94-33, passed 7-20-94) Penalty, see § 10.99