Sec. 42-469. - Standards for issuance.
Sec. 42-470. - Copies to certain officials upon issuance.
Sec. 42-471. - Notice of rejection.
Sec. 42-472. - Appeal procedure upon denial.
Sec. 42-474. - Alternate permit.
Sec. 42-475. - Duties of permittee; possession of permit.
Secs. 42-477—42-495. - Reserved.
No person shall engage in, participate in, aid, form or start any parade, unless a parade permit shall have been obtained from the director.
(Code 1968, § 45-124; Ord. No. 92-053(sub 1), § 32(i), 7-2-92)
(a)
A person seeking issuance of a parade permit shall file an application with the director on forms provided by such officer.
(b)
An application for a parade permit shall be filed with the director not less than five days or not more than 60 days before the date on which it is proposed to conduct the parade.
(c)
The application for a parade permit shall set forth the following information:
(1)
The name, address and telephone number of the person seeking to conduct such parade.
(2)
If the parade is proposed to be conducted for, on behalf of, or by an organization, the name, address and telephone number of the headquarters of the organization, and of the authorized and responsible heads of such organization.
(3)
The name, address and telephone number of the person who will be the parade chairman and who will be responsible for its conduct.
(4)
The date when the parade is to be conducted.
(5)
The route to be traveled, the starting point and the termination point.
(6)
The approximate number of persons who, animals, if any, and vehicles which, will constitute such parade, the type of animals, if any, and the description of the vehicles.
(7)
The hours when such parade will start and terminate.
(8)
A statement as to whether the parade will occupy all or only a portion of the width of the streets, sidewalk, park or other public place proposed to be traversed.
(9)
The location by street of any assembly area for such parade.
(10)
The time at which units of the parade will begin to assemble at any such assembly area or area.
(11)
The interval of space to be maintained between units of such parade.
(12)
If the parade is designed to be held by, and on behalf of, or for any person other than the applicant, the applicant for such permit shall file with the commissioner a communication in writing from such person authorizing the applicant to apply for the permit on his behalf.
(13)
Any additional information which the director shall find reasonably necessary to a fair determination as to whether a permit should issue.
(d)
The director, where good cause is shown therefor, shall have the authority to consider any application under this division which is filed less than five days before the date such parade is proposed to be conducted.
(Code 1968, § 45-125; Ord. No. 92-053(sub 1), § 32(i), 7-2-92)
There shall be paid at the time of filing an application for a parade permit a fee of $3.00.
(Code 1968, § 45-125(c))
Sec. 42-469. - Standards for issuance.
The director shall issue a permit under this division when, from a consideration of the application and from such other information as may otherwise be obtained, he finds that:
(1)
The conduct of the parade will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route.
(2)
The conduct of the parade will not require the diversion of so great a number of police officers of the city to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection to the city.
(3)
The conduct of such parade will not require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of the city other than that to be occupied by the proposed line of march and areas contiguous thereto.
(4)
The concentration of persons, animals and vehicles at assembly points of the parade will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such assembly areas.
(5)
The conduct of the parade will not interfere with the movement of firefighting equipment en route to a fire.
(6)
The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route.
(7)
The parade is not to be held for the sole purpose of advertising any product, goods or event, and is not designated to be held purely for private profit.
(8)
The conduct of the parade is not reasonably likely to cause physical injury to persons at the assembly areas, termination point or on the route to be traveled.
(Code 1968, § 45-126; Ord. No. 92-053(sub 1), § 32(i), 7-2-92)
Sec. 42-470. - Copies to certain officials upon issuance.
Immediately upon the issuance of a parade permit, the director of transportation shall send a copy thereof to the following:
(1)
The mayor.
(2)
The city solicitor.
(3)
The chief of police.
(4)
The chief of fire.
(5)
The director of public safety.
(6)
The general manager or responsible head of each public utility, including the transportation utility, the regular routes of whose vehicles will be affected by the route of the proposed parade.
(Code 1968, § 45-127; Ord. No. 92-053(sub 1), §§ 1(g), 32(i), 7-2-92)
Sec. 42-471. - Notice of rejection.
The director shall act upon the application for a parade permit within three days, Saturdays, Sundays and holidays excepted, after the filing thereof. If the director disapproves the application, he shall mail to the applicant within three days, Saturdays, Sundays and holidays excepted, after the date which the application was filed, a notice of his action, stating the reasons for his denial of the permit.
(Code 1968, § 45-128; Ord. No. 92-053(sub 1), § 32(i), 7-2-92)
Sec. 42-472. - Appeal procedure upon denial.
(a)
Any person aggrieved shall have the right to appeal the denial of a parade permit to the parade appeal board which shall consist of the following persons: the mayor, the city solicitor, the director of public safety, the president of the city council and one other member of city council to be appointed by the city council. The appeal shall be taken three days after notice of action of the director of transportation in denying an application for a parade permit or issuing an alternative permit which is not acceptable to the applicant. The parade appeal board shall give notice to the applicant of the date, time and place at which a hearing shall be held and make a public announcement of such so that other interested persons may be advised. The date on which the board shall meet to consider an appeal shall not be later than three days after the date of the receipt of the appeal. The majority of the members of the board shall constitute a quorum.
(b)
In the event that the director of transportation acts pursuant to section 42-467(d) and waives the five-day requirement for filing an application for permit and refuses to issue a permit, the aggrieved person may immediately appeal the denial by the director of transportation to the parade appeal board which board shall forthwith hold a hearing without meeting the requirements for notice.
(Code 1968, § 45-129; Ord. No. 92-053(sub 1), § 32(i), (j), 7-2-92)
Each parade permit shall state the following information:
(1)
The assembly area and time therefor.
(2)
The starting time.
(3)
The minimum speed.
(4)
The maximum speed.
(5)
The route of the parade.
(6)
The maximum interval of space to be maintained between the units of the parade.
(7)
The portions of the street, sidewalk or other public place to be traversed that may be occupied by the parade.
(8)
The maximum length of the parade in miles or fractions thereof; or in city blocks or fractions thereof.
(9)
The disbanding area.
(10)
The number of persons required to monitor the parade.
(11)
That the volume of sound permitted to be emitted from sound trucks or bullhorns be fixed and not variable.
(12)
That the parade continue to move at a fixed rate of speed and that any willful delay or willful stopping of such parade, except for specific stops permitted by the permit, shall constitute a violation of the parade permit.
(13)
Such other requirements as are found to be necessary for the protection of persons or property, the enforcement of this article, and the maintenance of law and order.
(Code 1968, § 45-130)
Sec. 42-474. - Alternate permit.
The director, in denying an application for a parade permit, shall be empowered to authorize the conduct of the parade on a date, at a time, or over a route different than that named by the applicant. An applicant desiring to accept an alternate permit shall, within three days after notice of the action of the director, file a written notice of his acceptance with the director. An alternate parade permit shall conform to the requirements of, and shall have the effect of, a parade permit under this article.
(Code 1968, § 45-131; Ord. No. 92-053(sub 1), § 32(i), 7-2-92)
Sec. 42-475. - Duties of permittee; possession of permit.
(a)
A permittee under this division shall comply with all permit directions and conditions and with all applicable laws and ordinances.
(b)
The parade chairman or other person heading or leading such activity shall carry the parade permit on his person during the conduct of the parade.
(Code 1968, § 45-132)
The director shall have the authority to revoke a parade permit issued under this division upon application of the standards for issuance as herein set forth.
(Code 1968, § 45-133; Ord. No. 92-053(sub 1), § 32(i), 7-2-92)