(A) The Chief of Police or Town Manager shall determine whether, and to what extent, additional police protection is reasonably necessary for a parade, race or public assembly for traffic control and public safety.
(B) The Chief of Police or Town Manager shall base this decision on the following factors:
(1) Staging.
(a) The number of streets or sidewalks to be controlled and/or closed;
(b) The type of street or sidewalk to be controlled and/or closed, which shall take into consideration the vehicular and pedestrian traffic flow on the street or sidewalk;
(c) The time of day and day of week of the event;
(d) The amount of vehicular and pedestrian traffic required to be rerouted as a result of the event;
(e) The number of electric traffic control devices that are required to be operated manually by police officers as a result of the event;
(f) The number of traffic/pedestrian control cones and parade barricades that are required to be used as a result of the event;
(g) The characteristics of the event and the area of the event, to include the type and volume of the event traffic and the speed limits of the area. The type of traffic could include, but is not limited to, types of vehicles, pedestrian and animals in the event; and
(h) The number of supervisors with the requirement that there be at least one supervisor if there are five or more officers assigned to the event.
(2) Event control point.
(a) The number and size of intersections to be controlled or closed; and
(b) The number of supervisors required as set forth above.
(3) Event.
(a) Whether or not the sponsors are requesting a ceremonial parade escort;
(b) The size of the event in terms of the number of participants, spectators, vehicles and animals;
(c) The time of day and day of week of the event;
(d) The number of residences and businesses that are affected by the event; and
(e) The type of intersections that are affected by the event.
(4) Disbanding. Size and characteristics of the event.
(C) The Chief of Police or Town Manager shall issue a permit as provided for herein when, from a consideration of the application and from such other information as may otherwise be obtained, he or she finds that:
(1) The conduct of the parade, race or public assembly will not substantially interrupt the safe and orderly movement of other pedestrian or vehicular traffic contiguous to its route or location;
(2) The conduct of the parade, race or public assembly will not require the diversion of so great a number of town police officers to properly police the line of movement and the areas contiguous thereto that the deployment of police services for the proposed parade, race or public assembly would have an immediate and adverse effect upon the welfare and safety of persons and property;
(3) The concentration of vehicles, persons and animals at public assembly points of the parade, race or public assembly will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such parade, race or public assembly;
(4) The conduct of the parade, race or public assembly is not reasonably likely to cause injury to persons or property and will not, on its face, violate any federal, state or town law, regulation or ordinance;
(5) The parade, race or public assembly is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route;
(6) Adequate sanitation and other required health facilities are or will be made available in or adjacent to any parade, race or public assembly areas;
(7) There are sufficient parking places near the beginning and end sites of the parade, race or public assembly to accommodate the number of vehicles reasonably expected;
(8) No parade, race or public assembly permit application for the same time and location is already granted, or has been received and will be granted, and no event listed in § 94.03 is already scheduled for the same time and location;
(9) The conduct of the parade, race or public assembly will not interfere with previously scheduled construction or maintenance projects upon or along streets or sidewalks;
(10) No parade, race or public assembly permit application for the same time but different location is already granted or has been received and will be granted, and the police resources required for that prior parade, race or public assembly are so great that, in combination with the subsequent proposed permit, the resulting deployment of police services would have an immediate and adverse effect upon the welfare and safety of persons and property; and
(11) No event is scheduled elsewhere in the town where the police resources required for that event are so great that the deployment of police services for the proposed parade, race or public assembly would have an immediate and adverse effect upon the welfare and safety of persons and property.
(D) No permit shall be granted that allows for the erection or placement of any structure, whether permanent or temporary, on a town street, sidewalk or right-of-way unless advance approval for the erection or replacement of the structure is obtained from the Town Board of Commissioners.
(E) No permit shall be granted that allows a parade, race or public assembly to occur between the hours of 11:00 p.m. and 7:00 a.m.
(F) In determining whether to grant or deny a permit, the Chief of Police or Town Manager shall not consider:
(1) The content of the speech, message, views or expression of the parade, race or public assembly or its participants; and/or
(2) The potential conduct of spectators and other nonparticipants in response or reaction to the content of the speech, message, views or expression of the parade, race or public assembly or its participants.
(Ord. O-2007-21, passed 10-2-2007)