(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)