(A) The Chief of Police or his or her designee is authorized to issue permits as required in § 92.16, and in the issuance thereof he or she shall:
(1) Require a written application for a permit to be filed not less than 48 hours in advance of such parade, picket line or group demonstration. Such application shall be on a form prescribed by the Chief, shall require the application to be signed by the applicant or applicants, shall require that the applicant show the proposed time, place, purpose and size of such parade, picket line or group demonstration and whether or not any minors below the age of 18 years shall participate;
(2) Refuse to issue such permit when the activity or purpose stated in the application would violate any ordinance of the town or statute of the state, or when the activity or purpose would constitute a clear and present danger to the public health or safety, or would hinder or prevent the orderly movement of pedestrian or vehicular traffic on the streets, alleys or sidewalks;
(3) Specify in the permit whether or not minors below the age of 18 years will be permitted to participate. The Chief shall pass upon whether or not such minors may participate, and shall base his or her determination upon whether or not the purpose or time or place of the particular activity will be detrimental to or endanger the health, safety or welfare of such minors or will interfere with their education; and
(4) Require that the application for a permit shall specify and the permit shall designate the person or persons in charge of the activity. Such person shall be required to accompany the parade, picket line or group demonstration and shall carry such permit with him or her at that time.
(B) The permit may set the starting time, duration, speed of travel and space between persons or vehicles in the parade, picket line or group demonstration, may prescribe the portions or areas of streets, alleys, sidewalks or other public places to be used, and may impose such other reasonable requirements as the Chief may prescribe for the control and free movement of pedestrian or vehicular traffic or for the health, safety and property rights of the participants and the general public.
(C) No such permit shall be issued for any parade, picket line or group demonstration to take place at any time between the hours of sunset and sunrise.
(D) Among other considerations, the Chief shall consider and find as a prerequisite to issuing the permit the following:
(1) The activity will not require excessive diversion of the police from other necessary duties;
(2) The activity will not interfere with the right of property owners in the area to enjoy peaceful and lawful occupancy and use of their property; and
(3) The activity can be conducted without unreasonable interference with normal pedestrian or vehicular traffic in the area and will not prevent normal police and fire protection to the public, and will not be likely to cause injury to persons or property or to provoke disorderly conduct or to create a public disturbance.
(1992 Code, § 92.17) (Ord. passed 5-20-1976)