Section
100.01 Definitions
100.02 Permit required
100.03 Application for permit
100.04 Standards for issuance of permit
100.05 Notice of rejection of permit
100.06 Alternative permit
100.07 Contents of a permit
100.08 Duties of permittees
100.09 Public conduct during parades and public assemblies
100.10 Revocation of permit
100.11 Prohibited conduct in connection with a parade or public assembly
100.12 Implementation; limitations
100.13 Appeals
100.14 References to statutes and other ordinances
100.98 Severability
100.99 Penalty
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CHIEF OF POLICE.
The Chief of the Louisville Metro Police Department or such person as he or she shall designate from within the Police Department.
CODES AND REGULATIONS DIRECTOR.
The Director of the Department of Codes and Regulations or his or her designee.
COMMUNITY FAIR.
Any fair, exposition, special event, or exhibition consisting solely of amusements, vending, entertainment, or food or beverage service, and which interferes with the normal flow or regulation of pedestrian or vehicular traffic, including emergency vehicles, or occupies any street, sidewalk, or public area within Jefferson County. Any gathering of families or other affinity groups in Metro Parks including, but not limited to, reunions, clubs, or churches, shall not be deemed to be a Community Fair within the meaning and application of this chapter, provided that those said activities comply in all respect with Metro Parks Rules and Regulations.
LICENSING AND PERMIT DIVISION DESIGNEE.
The employee of the Licensing and Permit Division of the Department of Codes and Regulations who is designated by the Director of the Department of Codes and Regulations to implement the provisions of this chapter.
PARADE.
Any march, demonstration, motorcade, foot race, or procession of 25 or more persons, vehicles, or animals, or any combination thereof upon or within any public area within Jefferson County for the purpose of attracting public attention, and which interferes with the normal flow or regulation of vehicular or pedestrian traffic, including emergency vehicles, upon or within any public area. For purposes of this chapter, a community fair shall not be deemed to be a parade.
PEACE OFFICER.
For purposes of this chapter, a
PEACE OFFICER
shall be as defined in KRS 431.005(4) and 15.380(1).
PERMIT.
A parade permit or a public assembly permit issued by the Licensing and Permit Division designee as required by this chapter.
PERSON.
An individual, partnership, corporation, or unincorporated group or association.
POLICE DEPARTMENT.
The Louisville/Jefferson County Metro Police Department.
PUBLIC AREA.
Any grounds within Jefferson County owned or controlled by Metro Government such as streets, public ways, parks, and other areas traditionally used or dedicated as public fora. For purposes of this chapter, a
PUBLIC AREA
shall not include any building or grounds owned or controlled by Metro Government which has been designated by the Mayor or the Metro Council as a non-public or a limited public area or forum.
PUBLIC ASSEMBLY.
Any meeting, picket line, rally, or gathering of more than 25 persons for a common purpose as a result of prior planning which interferes with the normal flow or regulation of pedestrian or vehicular traffic, including emergency vehicles, upon or within any public area within Jefferson County. For purposes of this chapter, a community fair shall not be deemed to be a public assembly.
PUBLIC WAY.
The entire width between property lines of every way, dedicated passway, road, or street set aside for public travel, except bridle paths and foot paths.
STREET.
Every public road, interstate highway, avenue, alley, or boulevard, bridge, viaduct or trestle and the approaches to them and includes off-street parking facilities offered for public use.
VEHICLE.
Every device in, on or by which any person or property is or may be transported or drawn on any street except devices moved by human power or used exclusively on stationary rails or tracks.
WORKS DIRECTOR.
The Director of the Department of Public Works and Assets.
(Lou. Metro Ord. No. 146-2007, approved 7-30-2007; Lou Metro Am. Ord. No. 175-2010, approved 9-13-2010)
(A) No person shall participate or take part in, promote, organize, form, hold or assist in organizing any parade or public assembly within Jefferson County unless a permit has been obtained from the Licensing and Permit Division designee.
(B) The Licensing and Permit Division designee shall issue a permit in all cases except where the time, place and manner are not in conformity with the rules and restrictions set forth below and except where the permit would conflict as to time or place with a permit previously issued.
(C) This chapter shall not apply to, and no parade or public assembly permit is required for the following activities:
(1) Funeral processions;
(2) Picket lines which do not interfere with the normal flow of pedestrian or vehicular traffic, including emergency vehicles;
(3) Students going to and from school classes or participating in educational activities, providing the conduct is under the immediate direction and supervision of the proper school authorities;
(4) Any parade or public assembly, as previously defined herein, which takes place and is conducted wholly and/or entirely within the corporate boundaries of one or more or municipalities within Jefferson County which has enacted legislation pertaining to the same or similar subject matter as regulated by this chapter, if the municipal legislation by its terms regulates such conduct and does so by the use of standards which are the same as or more stringent than those set forth in this chapter.
(5) A spontaneous public assembly occasioned by news or events coming into public knowledge within two days of the public assembly, provided that the organizer(s), if any, thereof gives written notice to the Licensing and Permit Division designee 24 hours prior to such a public assembly.
(D) No person shall participate or take part in, promote, organize, form, hold or assist in organizing any community fair within Jefferson County unless the Community Fair complies in all respects with the Metro Events Manual, or its successor publication(s), together with all other rules and regulations promulgated by the Licensing and Permit Division designee.
(Lou. Metro Ord. No. 146-2007, approved 7-30-2007; Lou Metro Am. Ord. No. 175-2010, approved 9-13-2010) Penalty, see § 100.99
(A) A person seeking issuance of a parade permit or a public assembly permit shall file an application with the Licensing and Permit Division designee in a manner specified by the Licensing and Permit Division designee on forms provided by the Licensing and Permit Division designee for that purpose. Every applicant shall be furnished information about the requirements of this chapter with a copy of this chapter with the application form. A copy of this chapter shall be kept on file in the Licensing and Permit Division of the Department of Codes and Regulations.
(B) An application for a parade permit or a public assembly permit shall be filed with the Licensing and Permit Division Designee not less than five days nor more than 90 days before the date on which the parade or public assembly is proposed to take place. Provided, however, that any parade or public assembly with an anticipated involvement of 500 or more persons shall file the application not less than 30 business days nor more than 90 days before the date on which the parade or public assembly is proposed to take place.
(C) An applicant for a parade permit or a public assembly permit shall submit the following information. An application for a parade permit or a public assembly permit shall be filed with the Licensing and Permit Division designee.
(1) The full name, address, and contact number(s) of the person(s) seeking to conduct the parade or public assembly;
(2) If the parade or public assembly is proposed to be conducted for, on behalf of, or by an organization, the name, address, and contact number(s) of the principal office of the organization and of the officers of the organization authorized to apply for the permit;
(3) The name, address, and contact number of any officer or representative of the applicant, other than the applicant, who will be responsible for the conduct of the parade or public assembly;
(4) The date when the parade or public assembly is to be conducted;
(5) The location of the public assembly or the route to be traveled by the parade, including its starting point and its termination point;
(6) The approximate number of persons, animals, and vehicles which will constitute the parade, the type of animals, if any, and the description of the vehicles; or the approximate number of persons who will participate in the public assembly;
(7) The hours when the parade or public assembly will start and terminate;
(8) If the parade or public assembly will involve 500 or more persons, a statement as to whether the parade or public assembly will occupy all or any a portion of the width of the streets, sidewalk, park, or other public area proposed to be utilized or traversed;
(9) The location by street of any assembly area for a parade;
(10) The day and time at which units of the parade will begin to assemble at any such assembly area or areas;
(11) The interval of space to be maintained between units of the parade;
(12) A map showing the route of the parade and any traffic detours that, to the knowledge of the applicant, will be needed to facilitate the parade route;
(13) The proposed ending time for the parade.
(D) The application for a parade permit may contain a request for a waiver of the restrictions as to materials used in signs, posters, banners, or plaques to be used in a parade contained in § 100.11(E) and (F). The request shall state the specific grounds for the waiver, and the specific modifications sought by the applicant. The Licensing and Permit Division designee shall grant the waiver only upon a showing of good cause and necessity for the waiver. If the waiver is granted, the permit shall state with specificity which provisions contained in § 100.11(D) and (E) are waived and in what manner.
(E) The application form shall contain a statement, which the applicant shall sign, that:
(1) The applicant has received and read and understood a copy of this chapter; and
(2) The applicant understands that a permit, if issued, may be revoked for failure to comply with any of the terms or conditions contained in the permit, or for a violation of any of the provisions of this chapter; and
(3) The applicant acknowledges that a permit may be denied or revoked on the grounds of material false statements made in the application.
(F) There shall be paid at the time of filing an application for a permit a fee of $25.
(G) The Licensing and Permit designee shall furnish a copy of the application to the Works Director, to the Chief of Police, to any other Police Department, and to any Fire District, or Emergency Service including Metro Emergency Management Services whose jurisdiction would be affected by the parade or public assembly, with a request to review the application and to promptly notify the Licensing and Permit designee of any circumstance which would affect the granting or denial of the permit pursuant to § 100.04.
(Lou. Metro Ord. No. 146-2007, approved 7-30-2007)
The Licensing and Permit Division designee shall issue a permit unless, from consideration of the application he or she finds and concludes that one or more of the following circumstances exist:
(A) The sole purpose of the parade or public assembly is advertising any product, goods, wares, merchandise or event and is designed to be held for private profit; or
(B) The time, route and size of the parade will substantially disrupt the use of any street or any public place or will substantially interrupt the safe and orderly movement of other traffic, including emergency traffic, contiguous to its route; or
(C) The parade is of a size or nature that its conduct requires the diversion of so great a number of police officers to properly police the line of movement and the area contiguous thereto that allowing the parade would deny reasonable police protection to Jefferson County; or
(D) The parade or public assembly is of a size and nature that its conduct would interfere with the proper fire and police protection or ambulance service to the areas contiguous thereto, or would interfere with the movement of ambulances or police or fire vehicles and equipment, or other similar emergency vehicles or equipment.
(Lou. Metro Ord. No. 146-2007, approved 7-30-2007)
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