Section
92.01 Definitions
92.02 Permit required
92.03 Application
92.04 Issuance
92.05 Alternate
92.06 Notice to town upon issuance
92.07 Processing time of permit applications
92.08 Appeal
92.09 Standards of conduct for parades
92.10 Revocation of permit
92.11 Prohibition of vending during parades and picketing
92.12 Interference prohibited
92.13 Signs
92.14 Parking restrictions
92.15 Picketing
92.16 Receipt of notice of intent; cessation
92.17 Compliance and standards
92.18 Interference prohibited
92.99 Penalty
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BLOCK. The portion of any street lying between its intersections with other streets.
CHIEF OF POLICE. The Chief of Police of the Town of Richlands or designee.
PARADE. Any parade, march or procession of any kind, in or upon the public streets involving more than four pedestrians or more than three vehicles; provided, however, the term shall not include:
(1) Funeral processions;
(2) Students going to or from classes or participating in educational or recreational activities where such activity is under the supervision and direction of proper school authorities;
(3) Foot races and bicycle races involving no more than ten participants;
(4) Bands and marching groups proceeding to an assembly point for participation in a parade;
(5) The activities of any governmental agency acting within the scope of its authority;
(6) Picketing, as such term is defined in this chapter; and
(7) A parade that is conducted under the sponsorship of the town.
PICKET LINE, PICKETING and PICKETS. Demonstrations, demonstrators, persons participating in vigils, and other persons primarily promoting or objecting to a policy or public issue whose actions take place entirely upon the sidewalks or, if there is no sidewalk, those portions of the public ways not used primarily for vehicular parking or moving traffic and are conducted within a single block.
(Ord. 2012-01, passed 1-1-2012)
It shall be unlawful for any person to organize, conduct or participate in any parade, in or upon any public street within the town limits, unless a permit therefor has been issued by the Chief of Police in accordance with the provisions of this chapter. A parade permit shall not be required for any parade consisting of fewer than four pedestrians or three vehicles; however, notice of such small parade may be made in accordance with § 92.15 of this chapter.
(Ord. 2012-01, passed 1-1-2012) Penalty, see § 92.99
(A) A written application, on a form supplied by the town, shall be made to the Chief of Police by persons desiring to have a parade. Such application shall be submitted at least 72 hours, but not more than 90 days, in advance of the date on which the parade is proposed to occur. Notwithstanding the preceding, where good cause is shown for inability to make application at least 72 hours in advance, and when the Chief of Police finds that the time from the date of filing is sufficient for the town to prepare for the parade pursuant to the standards set forth in this chapter, the Chief of Police shall consider applications filed after the deadline, in accordance with the provisions of this chapter.
(B) Employees of the Police Department of the town shall indicate on the face of the application the time of receipt by the Police Department. The application shall be signed by the applicant and shall include the following:
(1) The name, address and telephone number of the applicant;
(2) If the parade is proposed to be conducted for, on behalf of, or by an organization, the name, address and telephone number of both the headquarters of the organization and of its authorized head, and a local number for the organization if there is one;
(3) The name, address and telephone number of the person to be present and responsible for the conduct of the parade (who is referred to in this chapter as “parade leader”), and, if the parade leader is someone other than the applicant, the application shall be signed by both the applicant and the parade leader;
(4) The date the parade will be held;
(5) The proposed location, by street number or intersection, of any assembly areas for such parade;
(6) The proposed time at which units of the parade will begin to assemble at any such assembly area(s);
(7) The proposed times at which the parade will begin and terminate;
(8) The proposed route to be traveled, the starting and terminating points, or the location of the parade if there is no traveling;
(9) A statement as to whether the parade will occupy all or a portion of the width of the streets, sidewalks, parks, alleys or other public places proposed to be traversed or occupied;
(10) The approximate number of persons, animals and vehicles expected to participate, and the type of animals and a description of any vehicles;
(11) Any alternate date proposed in case of inclement weather or other emergency conditions arising between the date of permit issuance and the event date; and
(12) Any additional information which the Chief of Police shall find reasonably necessary to a fair determination as to whether a permit shall be issued.
(C) The application, and information provided therein, shall be a part of any permit that is granted.
(Ord. 2012-01, passed 1-1-2012)
(A) Unless the Chief of Police makes one or more of the findings specified below, a permit, on a form supplied by the town, shall be issued to the applicant. The permit shall be issued in the name of the applicant, or in the name of the parade leader, if different from the applicant. The permit shall be deemed issued under the terms and for the purposes stated in the application, unless otherwise noted. The permit shall set the duration, speed of travel and space between persons or vehicles in the parade; may prescribe the portions or areas of streets, alleys, sidewalks or other public places to be used; and may impose such other reasonable requirements necessary for the control and free movement of pedestrian and vehicular traffic, including emergency services, to protect the safety and property rights of participants and of the general public. The town reserves the right and authority to have police officials on the scene to further designate (expand or limit) permitted area(s) in furtherance of the ordinance in the best interest of all parties involved.
(B) The application for a permit shall be issued by the Chief of Police, unless the Chief, based on specific facts stated, makes any of the following findings in writing:
(1) Adequate provision cannot be made for the safe and orderly movement of the parade and for other traffic, pedestrian and vehicular, contiguous to its route;
(2) The parade cannot be held without unreasonable interference with the provision of normal police or fire protection or emergency services to the public;
(3) The parade cannot be held without unreasonable interference with the right of property owners in the area to enjoy peaceful and lawful use and occupancy of their property;
(4) The standards set forth in § 92.09 of this chapter will not be met; and
(5) The parade will require the closing of, or unreasonably restrict the flow of vehicular traffic along, a highway under the control of the state. If this is the case, the applicant should seek permission from appropriate state officials prior to making reapplication for a parade permit.
(C) In the event the Chief of Police denies an application, the Chief shall so notify the applicant, in writing, specifying the reason(s) for the denial. Such notice of denial shall be mailed to the applicant at the address shown on the application. If the parade is proposed to be held within five days of the date of the notice of denial, the Chief of Police shall also cause the Police Department to make a reasonable attempt to notify the applicant of the denial by telephone, or other appropriate means.
(Ord. 2012-01, passed 1-1-2012)
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