CHAPTER 93: PARADES AND PICKETING  
Section
   93.01   Definitions
   93.02   Permit required; exceptions
   93.03   Permit, application
   93.04   Permit, request for issuance; findings; appeals from denial
   93.05   Permit, revocation
   93.06   Standards of conduct; parades and picketing
 
   93.99   Penalty
§ 93.01 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACTIVITY CHAIRPERSON. The person who is physically responsible for the conduct of the parade and the person to whom all notices and communications from the Sheriff may be given. The ACTIVITY CHAIRPERSON, or his or her designee, must be present and participate in the parade, or the parade permit is void.
   APPROVED LOCATIONS. All county-owned property, property leased by the county, property exclusively controlled by the county and any portion of the state right-of-way of any road or highway within the county which:
      (1)   Is not under the control of the state’s Board of Transportation or of any municipality within the county;
      (2)   The state’s Board of Transportation has not promulgated or implemented regulations controlling or regulating pedestrian or vehicular traffic or parades; and
      (3)   The Sheriff of the county, in accordance with the standards in this subchapter, determines it is reasonably safe for the participants of the parade, and can reasonably accommodate the ordinary needs and requirements of the community without destruction of property or injury to persons.
   PARADE. Any parade, march, ceremony, pageant, promotion or procession of any kind in or upon any street, sidewalk, park or other public place.
   PARADE PERMIT. A written authorization as required by this subchapter.
   PERSON. Any person, firm, partnership, association, corporation, company or organization, formal or informal, of any kind.
   PICKETING. The activity or circumstance whereby any person participates in any vigil, protest, observation or other action which primarily promotes or objects to a policy or action and occurs upon those portions of the public ways not used primarily for vehicular parking and moving traffic and which does not constitute a parade.
(1984 Code, § 2-12-16) (Ord. passed 6-2-1986)
§ 93.02 PERMIT REQUIRED; EXCEPTIONS.
   (A)   No person shall engage in, participate in, aid, form or start any parade unless a permit shall have been obtained from the Sheriff. No person may conduct or otherwise participate in any parade except during the times as the permit provides. Provided, that no permit shall be required for peaceful picketing where otherwise lawful and in conformance with the provisions of § 93.06, so long as the application and notice requirements of this subchapter are met. It shall be unlawful to engage in any such picket without conforming to the notice requirements and other applicable provisions of this subchapter.
   (B)   This section shall not apply to:
      (1)   Funeral processions supervised by a licensed mortuary; and/or
      (2)   Any governmental agency acting within the scope of its functions.
(1984 Code, § 2-12-17) (Ord. passed 6-2-1986) Penalty, see § 93.99
§ 93.03 PERMIT, APPLICATION.
   A person seeking issuance of a parade permit or giving notice of intent to picket shall file with the Sheriff on forms provided by the county and shall provide a duplicate copy to the office of the County Manager at the same time.
   (A)   Filing period. An application for a permit or notice of intent to picket shall be filed with the Sheriff not less than five working days, excluding weekends and holidays, before the time when it is proposed to conduct the parade or picket. Provided, however, that a permit may be issued if filed less than five working days before the time for commencement of the parade when the Sheriff finds that there is no conflict in schedule with some other event and that the time for filing is sufficient to prepare for the parade or picket pursuant to the standards set forth in this subchapter.
   (B)   Contents. The application for a parade permit or the notice of intent to picket shall be signed by the applicant, notarized and shall set forth the following information:
      (1)   The name, address and telephone number of the person seeking to conduct the parade or picket;
      (2)   If the parade or picket is proposed to be conducted for, on behalf of, or by any organization, the name, address, and telephone number of the headquarters of the organization, and of the authorized and responsible heads of the organization;
      (3)   The name, address, and telephone of the person who will be the activity chairperson, and will specify who will be responsible for conduct of the activity, if different from the activity chairperson;
      (4)   The date when the parade or picket is to be conducted and the hours when the parade or picket will start and terminate;
      (5)   The proposed route to he or she traveled, the starting point and the termination point;
      (6)   The approximate number of persons, animals and vehicles which will constitute the parade or picket; the type of animals and description of the vehicles, if applicable;
      (7)   Whether persons below the age of 18 years are expected to participate;
      (8)   The location, by street, and designation, by time, of an assembly area of the activity prior to the initiation of the parade or picket;
      (9)   If the parade is designed to be held by, and on behalf of, or for any person other than the applicant, the applicant for the permit shall file with the Sheriff a communication, in writing, from the person proposing to hold the parade, authorizing the person proposing to hold the parade to apply for the permit on his or her behalf; and
      (10)   Any additional information which the Sheriff shall reasonably find necessary to a fair determination of the logistical considerations.
(1984 Code, § 2-12-18) (Ord. passed 6-2-1986)
§ 93.04 PERMIT, REQUEST FOR ISSUANCE; FINDINGS; APPEALS FROM DENIAL.
   (A)   Persons who otherwise meet the requirements for a parade permit and who receive a parade permit are entitled to exercise their First Amendment rights in all areas of the county. In order to better protect the participants, and the citizens of the county, and the property of the citizens, and to facilitate the flow of the parade, and of traffic in general, certain places in the county have been approved as locations which the participants may use for the parade. These locations are defined as “approved locations” and the applicant for a parade permit shall identify specific areas within the approved location where he or she wishes to conduct the parade. The Sheriff shall retain the power, however, to modify, restrict, expand, alter or otherwise specify the precise route of the parade.
   (B)   The Sheriff shall issue the parade permit if the conditions set forth in this subchapter are met. Among the factors the Sheriff shall consider with respect to the timing, route, date and other procedural matters of any parade are the following:
      (1)   There is adequate provision for the safe and orderly movement of the parade and of other traffic, pedestrian and vehicular, along or intersecting its route. This consideration shall include, but is not limited to, the possible existence of impeding pedestrian or traffic congestion in the area due to the number of participants and numbers of residents living within the area, safety concerns as to participants or residents due to the lack of sidewalks, width of the street or similar considerations;
      (2)   Adequate provision can be made for law enforcement protection which will not require diversion of so great a number of law enforcement officers of the county to police properly the lines of movement and the areas contiguous thereto so as to prevent or impede normal police protection to the remainder of the county;
      (3)   The applicant for the parade permit has agreed to abide by the standards set forth in this subchapter, which are necessary measures to promote the safety and welfare of the community; and
      (4)   There appears to be no other parade, public activity or emergency for which the Sheriff must provide security simultaneously with the proposed parade and which would substantially impair the Sheriff’s ability to provide security to the parade participants and the community at large. Provided further, that any declared state of emergency, any public crisis or disaster, rioting or similar public emergency shall suspend the power of the Sheriff to authorize parades under this subchapter for the duration of the emergency.
   (C)   If the Sheriff determines that he or she cannot make the required findings needed for approval of the permit, then the Sheriff shall notify the parade applicant:
      (1)   Of his or her right to submit a modified plan for the parade which would meet the criteria set forth herein;
      (2)   Of his or her right to appeal the findings of the Sheriff directly to the full Board of Commissioners; or
      (3)   In writing, of the specific reasons why the proposed parade does not permit findings by the Sheriff.
   (D)   Any applicant for a parade permit may appeal the denial, within three days of notification of a denial of a parade permit, by delivering to the County Manager or Clerk to the Board of Commissioners a written notice of appeal. Upon receipt of the notice, the Chairperson of the Board shall schedule a hearing as soon as is practicable to reconsider those unfavorable findings of the Sheriff which resulted in denial of the permit.
   (E) If the Board of Commissioners does not concur with the relevant unfavorable findings of the Sheriff, the Board may issue the permit under the terms and conditions as it sees fit, consistent with this subchapter.
   (F) If the Board of Commissioners approves of any finding of the Sheriff which would preclude issuance of the permit, then no permit shall be issued.
(1984 Code, § 2-12-19) (Ord. passed 6-2-1986)
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