No procession or parade excepting the forces of the United States armed services, the military forces of this state, and the forces of the Police and Fire Departments, shall occupy, march, or proceed along any roadway except in accordance with a permit issued by the Chief of Police and such other regulations as are set forth herein which may apply.
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ASSEMBLAGE or ASSEMBLY. Any meeting, gathering, or group of persons, animals, or vehicles, or a combination thereof having a common purpose, design or goal, upon any public street, sidewalk, alley, park, or other public place which substantially inhibits the usual flow of pedestrian or vehicular travel other than a parade as defined in the definition for parade below.
PARADE. Any march, procession, or motorcade, consisting of person, animals, or vehicles or a combination thereof having a common purpose, design, destination, or goal upon any public place, which does not comply with normal and usual traffic regulation or control.
SPONTANEOUS EVENT. An unplanned or unannounced coming together of persons, animals, or vehicles as described above which was not contemplated beforehand by any participant therein and which is caused by or in response to unforeseen circumstances or events.
(B) Permit required.
(1) It shall be unlawful for any person to conduct, manage, or participate in a meeting, assembly, rally, gathering, contest, or other assemblage on any public street, sidewalk, park, or other public place for which a written permit has not been issued in accordance with the provisions of this chapter.
(2) The provisions of this chapter shall not apply to the following:
(a) Spontaneous events;
(b) Funeral processions; and
(c) Students participating in educational activities providing such conduct is under the immediate direction and supervision of the proper school authorities.
(C) Application.
(1) Any person desiring to conduct a parade or assemblage shall make written application to the Chief of Police at least 15 days prior to such parade or assemblage. Such application shall set forth the following information:
(a) The name, address, and telephone number of the person requesting the permit;
(b) The name and address of any organization or group he or she is representing;
(c) The name, address, and telephone number of the person who will act as parade or assembly chairperson who will be responsible for the conduct of the parade or assembly;
(d) The number of monitors provided by the permittee, if any, and identifying marks, badges, or symbols worn to be used by such monitors;
(e) The date and time, (start and ending) the assemblage or parade is to be conducted;
(f) If a parade, the specific assembly and dispersal locations; the specific route, and the plans, if any, for assembly and dispersal;
(g) If an assemblage, the location at which the assemblage is to be held;
(h) The approximate number of persons and/or animals or vehicles which or who will take part in the parade or assemblage;
(i) Whether any costumes, masks, or unusual attire will be worn; and
(j) Such other information as the Police Chief may deem necessary in order to properly provide for traffic control, street and property maintenance, administrative arrangements, police and fire protection, and for the protection of public health, safety, and welfare.
(2) The permit shall not be issued if any information supplied by the applicant is false or intentionally misleading.
(D) Issuance of permit.
(1) The permit will be issued if the proposed parade or assemblage will not endanger the public health, welfare, or safety applying the following criteria:
(a) Whether the time, duration, route, and size of the parade or assembly will unreasonably disrupt the movement of traffic;
(b) Whether the temporary closing of streets, parks, or sidewalks to public access or traffic will unreasonably inconvenience persons or adjacent business establishments who would normally make use of such places;
(c) Whether the parade or assemblage is of a size or nature that it would require diversion of so great a number of police or fire personnel so as to impair the normal protection of the remainder of the city;
(d) Whether the applicant has provided for the services of monitors sufficient to control the orderly conduct of the parade or assembly in conformity with such permit;
(e) Whether the congregation of persons, animals, and/or vehicles in the area will unreasonably interfere with proper fire and police protection in the areas in the vicinity of the activity;
(f) Whether the parade will move from its assembly area to its disbanding area expeditiously without stopping enroute except when reasonably required for the safe and orderly conduct of the parade;
(g) Whether the applicant will provide and assure adequate cleanup of litter and/or debris resulting from the activity; and
(h) Whether the parade or assembly will interfere with another parade or assembly for which a permit has been granted.
(2) After the permit is completed by the applicant, such shall be reviewed by the Chief of Police and thereafter submitted for final action to the City Council.
(3) Nothing in this section shall allow the denial of a permit based upon political or religious grounds or reasons.
(E) Conditions. The permit shall be limited to the date, time, location, size, monitors, and route specified in the application. If the proposed parade route is incompatible with the criteria specified herein, the City Council may designate the street or streets the parade can occupy, and when so designated, the person in charge of such parade shall direct the same only along said designated route. In case of fire, accident, or any emergency along the parade route, the Chief of Police or the police officer in charge is hereby given full authority to divert said parade around such fire, accident, or emergency, over and along the nearest cross street and shall redirect such parade back to the original route.
(F) Revocation of permit. The Chief of Police shall revoke any permit issued pursuant to this chapter if any term, condition, restriction, or limitation of said permit has been violated or is being violated, or if, due to changed circumstances, the criteria specified in divisions (D) and (E) above have not been met.
(Prior Code, § 70.079) (Ord. 65-3, passed 4-19-1965; Ord. 93-17, passed 9-27-1993) Penalty, see § 70.999