(A) Definitions. For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CRUISING. The repeated operation of two or more vehicles in a continuous or nearly continuous flow through a parking lot.
PARADE. Any parade, march, ceremony, show, exhibition, pageant, or procession of any kind, or any similar display in or on any street, sidewalk, park, or other public place in the city, or CRUISING as defined above.
PARADE PERMIT. A permit required by this subchapter.
PARKING LOT. Any paved or unpaved area used by a place of business or shopping center for the parking of vehicles of their customers, but shall not include those operated for hire.
(B) Permit required.
(1) No person or persons shall engage or participate in, aid, form, or start any parade unless a parade permit has been obtained from the Chief of Police or other authorized city official.
(2) This subchapter shall not apply to:
(a) Funeral processions;
(b) Students going to and from school classes or participating in educational activities, provided the conduct is under the immediate direction and supervision of the proper school authorities;
(c) A governmental agency acting within the scope of its functions.
(C) Application for permit.
(1) Procedure. A person seeking issuance of a parade permit shall file an application with the Chief of Police or other authorized city official on forms provided by such officer.
(2) Filing period. The application for a parade permit shall be filed not less than five days or not more than 60 days before the date on which it is proposed to conduct the parade. Failure to file an application five days in advance will not result in automatic denial of the permit, provided that the applicant shows reasonable grounds why the application could not have been filed five days in advance.
(3) Contents. The application for a parade permit shall set forth the following information:
(a) The name, address, and telephone number of the person seeking to conduct the parade;
(b) 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 the organization;
(c) The name, address, and telephone number of the person who will be the parade chairperson and who will be responsible for its conduct;
(d) The date when the parade is to be conducted;
(e) The route to be traveled, the starting point, and the termination point;
(f) 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;
(g) The hours when the parade will start and terminate;
(h) A statement as to whether the parade will occupy all or only a portion of the width of the streets, sidewalk, park, or other public place proposed to be traversed;
(i) The location by street of any assembly area for the parade;
(j) The time at which units of the parade will begin to assemble at any such assembly area or areas;
(k) The interval of space to be maintained between units of the parade;
(l) If the parade is designed to be held by, and on behalf of or for, any person other than the applicant, the applicant for the permit shall file a communication in writing from the person authorizing the applicant to apply for the permit on his or her behalf;
(m) Any additional information reasonably necessary to a fair determination as to whether a permit should be issued.
(4) Fee. There shall be paid at the time of filing an application for a parade permit a fee in an amount as established by the City Council from time to time.
(D) Standards for issuance of permit. The Chief of Police or other authorized city official shall issue a permit when, from a consideration of the application and from other information obtained, he or she finds 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 the assembly areas;
(5) The conduct of the parade will not interfere with the movement of firefighting equipment en route to a fire;
(6) The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route;
(7) The parade is not to be held for the sole purpose of advertising any product, goods, or event, and is not designated to be held purely for private profit;
(8) The parade, if it takes the form of cruising, has the approval in writing of the owner or an authorized agent of the owner for the use of the parking lot which is the site of the parade.
(E) Notice of rejection of permit application. The Chief of Police or other authorized city official shall act on the application for a parade permit within three days, Saturdays, Sundays, and holidays excepted, after filing thereof. If he or she disapproves the application, he or she shall mail to the applicant within the three days, Saturdays, Sundays, and holidays excepted, after the date on which the application was filed, a notice of his or her action stating the reasons for his or her denial of the permit.
(F) Appeal procedure when permit denied. Any person aggrieved shall have the right to appeal the denial of a parade permit to the City Council. The appeal shall be taken within 30 days after notice of denial. The City Council shall act on the appeal within 30 days after its receipt.
(G) Alternative permit. The Chief of Police or other authorized city official, in denying an application for a parade permit, shall be empowered to authorize the conduct of the parade on a date, at a time, or over a route different than that named by the applicant. An applicant desiring to accept an alternate permit shall file a written notice of his or her acceptance. An alternate parade permit shall conform to the requirements of, and shall have the effect of, a parade permit under this subchapter.
(H) Notice to city and other officials when permit issued. Immediately on the issuance of a parade permit, a copy thereof shall be sent to the Mayor and the Fire Chief.
(I) Contents of permit. Each parade permit shall state the following information:
(1) Starting time;
(2) Minimum speed;
(3) Maximum speed;
(4) Maximum interval of space to be maintained between the units of the parade;
(5) The portions of the street, sidewalk, park, or other public place to be traversed that may be occupied by the parade;
(6) The maximum length of the parade in miles or fractions thereof;
(7) Such other information as is reasonably necessary to the enforcement of this subchapter.
(J) Duties of permittee. A permittee hereunder shall comply with all permit directions and conditions and with all applicable laws and ordinances. The parade chairperson or other person heading or leading the activity shall carry the parade permit on his or her person during the conduct of the parade.
(K) Public conduct during parades.
(1) Interference. No person shall unreasonably hamper, obstruct, impede, or interfere with any parade or parade assembly or with any person, vehicle, or animal participating or used in a parade.
(2) Driving through parades. No driver of a vehicle except a police car or other emergency 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) Parking on parade route. The Chief of Police or other authorized city official shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a street or other public thoroughfare or part thereof constituting a part of the route of a parade. Signs shall be posted to such effect, and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof. No person shall be liable for parking on a street or other public thoroughfare unless signs have been posted in accordance with this section.
(L) Revocation of permit. The city shall have the authority to revoke a parade permit issued hereunder on application of the standards for issuance as herein set forth.