§ 94.01 DEFINITIONS.

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   PARADE. Any march, procession or motorcade consisting of persons, animals or vehicles, or a combination thereof, upon the streets within the town that interferes with the normal flow or regulation of traffic upon the streets or sidewalks.

   PARADE PERMIT or PUBLIC ASSEMBLY PERMIT. A permit as required by this chapter.

   PUBLIC ASSEMBLY. Any meeting, demonstra- tion, picket line, rally or gathering of more than 50 persons for a common purpose, as a result of prior planning, that interferes with the normal flow or regulation of pedestrian or vehicular traffic.

   SIDEWALK. Any public area or way set aside or open to the general public for purposes of pedestrian traffic.

   STREET. Any place or way set aside or open to the general public for purposes of vehicular traffic, including any berm or shoulder parkway, right-of-way, or median strip thereof, set aside for parking or for purposes of vehicular traffic. For purposes of this chapter, the term street shall include sidewalks.

(Ord. 02005, passed 3-12-02)

§ 94.02 PERMIT REQUIRED.

   No person shall engage in or conduct any parade or public assembly unless a permit is issued by the Town Administrator.

(Ord. 02005, passed 3-12-02) Penalty, see § 94.99

§ 94.03 EXCEPTIONS.

   This chapter shall not apply to the following:

   (A)   Funeral processions;

   (B)   A governmental agency acting within the scope of its functions; and

   (C)   Spontaneous events occasioned by news or affairs coming into public knowledge within three days of such public assembly, provided that the organizer thereof gives written notice to the town, at least 24 hours prior to such parade or public assembly.

(Ord. 2005, passed 3-12-02)

§ 94.04 APPLICATION.

   (A)   A person seeking a parade or public assembly permit shall file and sign an application with the Town Administrator, or his or her designee, on forms provided by the Town Administrator.

   (B)   An application for a permit shall be filed with the Town Administrator at least 10 and not more than 180 days before the parade or public assembly is proposed to commence. The Town Administrator may waive the 10-day filing period and accept an applica- tion filed within a shorter period if, after due consider-ation of the date, time, place and nature of the parade or public assembly, the anticipated number of partici-pants, and the town services required in connection with the event, the Town Administrator determines that the waiver will not present a hazard to public safety.

   (C)   The application for a parade or public assembly permit shall set forth the following information:

      (1)   The name, address and telephone number of the person seeking to conduct such parade or public assembly who shall be deemed to be in charge of the parade or public assembly and responsible for compliance with the provisions of this chapter;

      (2)   The names, addresses and telephone numbers of the headquarters of the organization for which the parade or public assembly is to be conducted, if any, and the authorized and responsible heads of the organization;

      (3)   The requested date of the parade or public assembly;

      (4)   The route to be traveled, including the starting point and the termination point;

      (5)   The approximate number of persons, animals and vehicles, the type of animals, and a description of the vehicles that will constitute such parade or public assembly;

      (6)   The hours when such parade or public assembly will start and terminate;

      (7)   A statement as to whether the parade or public assembly will occupy all or only a portion of the width of the streets proposed to be traversed;

      (8)   The location, by street, of any assembly areas for such parade or public assembly;

      (9)   The time at which units of the parade or public assembly will begin to assemble at any such area;

      (10)   The intervals of space to be maintained between units of such parade or public assembly;

      (11)   If the parade or public assembly is designed to be held by, or on behalf of, any person other than the applicant, the applicant for such permit shall file a letter from that person with the Town Administrator, authorizing the applicant to apply for the permit on his or her behalf;

      (12)   The type of public assembly, including a description of activities planned during the event;

      (13)   A description of any recording equip-ment, sound amplification equipment, and a physical description of banners, signs, or other attention-getting devices to be used in connection with the parade or public assembly, and the maximum decibel level of any such sound amplification equipment;

      (14)   The approximate number of participants (spectators are by definition not participants);

      (15)   A designation of any public facilities or equipment to be utilized.

(Ord. 2005, passed 3-12-02) Penalty, see § 94.99

§ 94.05 FEES.

   (A)   A non-refundable fee of $25, to cover administrative costs of processing the permit, shall be paid to the town by the applicant when the application is filed.

   (B)   If the application is for the use of any town property or if any town services shall be required for the parade or public assembly, the applicant shall pay, prior to the issuance of a permit, the charges for those services, in accordance with a schedule of service costs approved by resolution of the Town Council.

(Ord. 2005, passed 3-12-02)

§ 94.06 STANDARDS FOR ISSUANCE.

   (A)   The Town Administrator shall issue a permit when, from a consideration of the application and from such other information as may otherwise be obtained, he or she finds that:

      (1)   The conduct of the parade or public assembly will not require the diversion of so great a number of town police officers to properly police the line of movement, and the areas contiguous thereto, as to prevent normal police protection of the town;

      (2)   The parade or public assembly is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route;

      (3)   There are sufficient parking places near the beginning/ending of the parade or public assembly to accommodate the number of vehicles reasonably expected;

      (4)   Such parade or public assembly is not for the primary purpose of advertising any product, goods or event that is primarily for private profit, and the parade itself is not primarily for profit. The prohibition against advertising any product, goods or event shall not apply to signs identifying organizations or sponsors furnishing or sponsoring exhibits or structures used in the parade;

      (5)   No parade or public assembly permit application for the same time and location has already been granted or has been received and will be granted; and

      (6)   No parade or public assembly permit application for the same time but different location has already been granted, or has been received and will be granted; in either case, the police resources required for that prior parade or public assembly would be so great that, in combination with the subsequent proposed application, the resulting deployment of police services would have an immediate and adverse effect upon the welfare and safety of persons and property.

   (B)   No permit shall be granted that allows for the erection or placement of any structure, whether permanent or temporary, on a town street, sidewalk or right-of-way, unless advance approval for its erection or placement has been obtained from the Town Council.

(Ord. 2005, passed 3-12-02)

§ 94.07 NONDISCRIMINATION.

   The Town Administrator shall uniformly consider each application upon its merits, and shall not discriminate in granting or denying permits under this chapter based upon political, religious, ethnic, race, disability, sexual orientation or gender-related factors.

(Ord. 2005, passed 3-12-02)

§ 94.08 NOTICE OF DENIAL OF APPLICATION.

   The Town Administrator, or his or her designee, shall act promptly upon an application for a parade or public assembly permit filed in a timely manner, but in no event shall grant or deny a permit less than four days prior to the event. If the Town Administrator disapproves the application, he or she shall notify the applicant of the denial prior to the event, and shall state the reasons for that denial.

(Ord. 2005, passed 3-12-02)

§ 94.09 ALTERNATIVE PERMIT.

   (A)   In denying an application for a parade or public assembly permit, the Town Administrator may authorize the conduct of the parade or public assembly at a date, time, location, or route different from that named by the applicant. Within two days after notice of the action of the Town Administrator, an applicant desiring to accept an alternate permit shall file a written notice of acceptance with the Town Administrator.

   (B)   An alternate parade or public assembly permit shall conform to the requirements of, and shall have the effect of, a parade or public assembly permit issued under this chapter.

(Ord. 2005, passed 3-12-02)