A. Statement Of Purpose: The purpose of these regulations is to set forth the standards of issuance for a parade or public assembly permit and assure availability of emergency services, private businesses are not negatively impacted, traffic is not unreasonably disrupted, public safety is maintained, and public property is protected from harm.
B. Permit Issuance: The approved, signed, and stamped application shall serve as the permit. No parade or public assembly shall form, march or assemble except at such time, place or route or be of different character or purpose than as set out in the permit issued pursuant to the application. No person shall participate in a parade or public assembly as described herein prior to the compliance with the provisions of this article. The parks and recreation director or designee should issue permits on a first come, first served basis. Certain community festivals and celebrations conducted or supported by the city of Rathdrum are hereby accorded priority exclusive reservation of their traditional dates unless or until support by the city is withdrawn.
C. Health District Requirement: No permit shall be granted for an event that includes food preparation subject to Panhandle health district or state regulations, unless the applicant informs Panhandle health district indicating what common facilities will be provided to meet health requirements of the district for food vendors if vendor participation is expected. Such approval shall include the type and adequacy of water supply to be provided, the type and adequacy of toilet, and waste collection and washing facilities to be provided. If food or drink is expected to be served on the premises, the type and adequacy of food and drink preparation, and food and drink service facilities to be provided shall be the responsibility of respective vendors or food service organizers.
D. Required findings by parks and recreation director or designee prior to permit issuance:
1. The use or activity intended by the applicant would present an unreasonable danger to the health or safety of the applicant, other users of the public property, or of city employees.
2. The application for the permit (including any required attachments and submissions) is not fully completed and executed.
3. The application for such permit contains material falsehood or misrepresentation.
4. The applicant is legally incompetent to contract or to sue and be sued.
5. The applicant or the person on whose behalf the application for permit was made has, on prior occasions, damaged public property and has not paid in full for such damage.
6. The use or activity intended by the applicant will conflict with previously planned programs organized and to be conducted by the city, or another group scheduled for the same day.
7. A fully executed prior application for permit for the same time and place within the city has been received, and a permit has been or will be granted to a prior applicant authorizing uses or activities which do not reasonably permit multiple occupancy of the particular location within the city.
8. The applicant or the person on whose behalf the application was made has violated the terms of prior permits issued to or on behalf of the applicant.
9. The applicant or the person on whose behalf the application was made fails to demonstrate compliance with all applicable provisions of law, including the requirements of this chapter.
10. Public service obligations if the requested use or activity will not exceed the fiscal and operational limits of city personnel.
E. Unlawful Discrimination Prohibited: There shall be no discrimination in granting, or denying granting permits under this chapter based upon statutorily protected or constitutionally guaranteed individual rights.
F. Additional Reasons For Denial; Halting Of Assembly: A permit may be denied, or a previously approved permit may be halted, where the parks and recreation director or designee, upon the advice of the chief of police, determines that the parade or assembly 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 chief of police 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. (Ord. 619, 4-12-2023)