(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)