The legislative body finds that it is necessary
for the good government and the peace, health and welfare of the City
and the inhabitants thereof, as well as to maintain law and order,
to prohibit parades and demonstrations of more than 25 persons within
the City unless a City permit to use the City streets, sidewalks and
public places for such purposes has first been granted.
It shall be unlawful for any person to organize,
direct, lead or participate in any parade or demonstration upon any
street or sidewalk or upon or in any public place within the City
of more than 25 persons unless a City permit has been granted to hold
such parade or demonstration, provided that this article shall not
apply to parades, processions or convoys of any component of the Armed
Forces of the United States or this state or to any governmental organization
or to any funeral procession.
[Amended 11-24-2008 by Ord. No. 791]
Any person desiring to promote, organize, direct or lead a parade
or demonstration upon any street or sidewalk or upon or in any public
place of more than 25 persons within the City shall file an application
for a parade or demonstration permit with the City Clerk and pay a
fee as provided in the General Fee Ordinance. An application for a parade permit shall be filed at least
14 days and an application for a demonstration permit shall be filed
at least two days prior to the date or period for which the permit
is sought with a provision that an application for a demonstration
permit for exigent circumstances will be filed and acted upon within
24 hours, and in such application shall be set forth:
A. The date
and hour for the assembling of the participants in such parade or
demonstration and the expected duration thereof.
B. The streets,
sidewalks and public places over and upon which the parade or demonstration
is to take place.
C. Whether
the parade or demonstration is to be conducted on foot or with animals
or vehicles, or any combination thereof, and the number of persons,
vehicles and animals expected to participate.
D. The purpose
of the parade or demonstration.
E. The name and address of the person who shall be in charge
of such parade or demonstration.
[Amended 1-23-2006 by Ord. No. 741]
A. Upon the filing of an application for a permit, the
City Clerk shall promptly transmit copies to the Chief of Police,
the Director of Recreation and Parks, the Director of Public Works
and the Director of Planning. The City Clerk will review and act upon
applications in a content and viewpoint neutral manner. The City Clerk
may not deny an application based upon political, social or religious
grounds or based upon the content of the speech or views to be expressed.
[Amended 12-6-2007 by Ord. No. 773]
B. The City Clerk may deny an application on any of the
following grounds:
(1) The application is not fully completed and executed;
(2) The application contains a material falsehood or misrepresentation;
(3) A fully executed prior application for a permit for
the same time and place has been received, and a permit has been or
will be granted to a prior applicant authorizing a parade or demonstration
which does not reasonably permit multiple occupancy of the particular
public place, street, or sidewalk;
(4) The use or activity intended by the applicant will
present an unreasonable danger to the health or safety of the applicant
or other users of the public place, street or sidewalk;
(5) The use or activity intended by the applicant is prohibited
by any applicable federal, state, county or City law.
C. Upon the issuance of a permit, the City Clerk shall
provide a copy to the Chief of Police, the Director of Recreation
and Parks, the Director of Public Works and the Director of the Department
of Planning.
[Amended 12-6-2007 by Ord. No. 773]
Upon a denial of an application made pursuant to §
109-10, an applicant may appeal from the determination of the City Clerk within 30 days to the Circuit Court for Carroll County. Such appeal shall be taken in accordance with § 7-201 et seq. of the Maryland Rules of Procedure. The City will cooperate with judicial review on an expedited basis.
A permit issued for a parade or demonstration is revocable by the City Clerk upon a ground for which an application would be subject to denial under §
109-11B. Any such revocation prior to the conduct of a parade or demonstration shall be in writing.
Parades and demonstrations held pursuant to
a permit issued under the provisions of this article which become
a riot, rout or unlawful assembly shall be dispersed forthwith by
the City police, and paraders and demonstrators who are commanded
by any police officer to disperse shall promptly obey such command
and peacefully disengage themselves from such parade or demonstration
and leave the scene thereof, and persons who fail to obey such command
shall be subject to immediate arrest.