[HISTORY: Adopted by the Board of Trustees of the Village of Spring Valley 12-19-2006 by L.L. No. 8-2006. Amendments noted where applicable.]
Legislative intent. It is the purpose of this chapter to protect the health, safety and welfare of the residents of the Village of Spring Valley and those persons passing through as transients or visitors or who otherwise are within the jurisdiction of the Village of Spring Valley by regulating the assemblage of persons on public property in the Village of Spring Valley, consistent with constitutional requirements and with just respect for the right of the people to exercise their right of free speech, public assembly and to petition their government. The provisions of this chapter have neither the purpose nor effect of unconstitutionally restricting protected speech.
Findings. The Mayor and members of the Board of Trustees of the Village of Spring Valley are all residents of the Village and familiar with the locations of public places in the Village, including rights-of-way, parks and other public parcels. The Mayor and Board are also cognizant of the public safety concerns that could be generated by public assembly on public property The Village maintains rights-of-way to ensure the smooth flow of vehicular and pedestrian traffic, unimpeded access to commercial establishments and free movement of individuals to their homes and places of employment. The Village also maintains a police force with assignments of staff made based on a careful assessment of the need for law enforcement presence. Based upon the Mayor's and Board's local knowledge, the Mayor and Board recognize that limited restrictions on the time, place and manner of public assemblages on public property are in the best interest of the Village and its residents.
Sections 229-16A and 229-17 of the Village Code of the Village of Spring Valley are hereby repealed in their entirety and replaced with the following.
As used in this chapter, the following terms shall have the meanings indicated:
- BOARD OF TRUSTEES
- The Board of Trustees of the Incorporated Village of Spring Valley.
- CHIEF OF POLICE
- The Chief of Police of the Incorporated Village of Spring Valley.
- The Mayor of the Incorporated Village of Spring Valley.
- Any march, demonstration, procession or motorcade consisting of persons, animals or vehicles, or a combination thereof, upon the streets or public thoroughfares within the Village of Spring Valley with an intent of attracting public attention that interferes with the normal flow or regulation of traffic upon the streets or public thoroughfares within the Village of Spring Valley.
- PARADE OR PUBLIC ASSEMBLY PERMIT
- A permit as required by this chapter.
- Any person, firm, partnership, association, corporation, company or organization of any kind.
- PUBLIC ASSEMBLY
- Any meeting, demonstration, picket line, rally or gathering of more than five persons for a common purpose as a result of prior planning that interferes with the normal flow or regulation of pedestrian or vehicular traffic.
- Any area or way set aside or open to the general public for purposes of pedestrian traffic adjacent to a street or public thoroughfare which is the proposed parade route, whether or not it is paved.
- Any place or way set aside or open to the general public for purposes of vehicular traffic, including any berm or shoulder parkway, right-of-way or median strip thereof.
- The Incorporated Village of Spring Valley.
No person shall engage in or conduct any parade or public assembly unless a permit is issued by the Board of Trustees. In the event there is no meeting of the Board of Trustees scheduled at which the issuance of said permit may be approved, the Mayor is authorized to issue said permit in conformance with the standards set forth in this chapter.
The provisions of this chapter shall not apply to:
Students going to and from school classes or participating in educational activities, provided that such conduct is under the immediate direction and supervision of the proper school authorities.
A governmental agency acting within the scope of its functions.
Spontaneous events occasioned by news or affairs coming into public knowledge within three days of such public assembly, provided that the organizer thereof gives written notice to the Mayor and the Police Chief for the Incorporated Village of Spring Valley at least 24 hours prior to such parade or public assembly. The Mayor may waive the notice requirement hereof based on the factors reflected in § 171-7 of this chapter.
A person seeking a parade or public assembly permit shall file an application to the Board of Trustees with the Village Clerk on forms provided by such officer and the application shall be signed by the applicant.
For single, nonrecurring parades or public assemblies, an application for a permit shall be filed with the Village Clerk at least 10 and not more than 180 days before the parade or public assembly is proposed to commence. The Mayor may waive the minimum ten-day filing period and accept an application filed within a shorter period if, after due consideration of the date, time, place and nature of the parade or public assembly, the anticipated number of participants and the Village of Spring Valley services required in connection with the event, the Mayor, upon consultation with the Chief of Police, determines that the waiver will not present a hazard to public safety.
For parades or public assemblies held on a regular or recurring basis at the same location, an application for a permit covering all such parades or assemblies during that calendar year may be filed with the Village Clerk at least 60 and not more than 180 days before the date and time at which the first such parade or public assembly is proposed to commence. The Mayor may waive the minimum sixty-day period after due consideration of the factors specified in Subsection B above.
The application for a parade or public assembly permit shall set forth the following information:
The name, address and telephone number of the person seeking to conduct such parade or public assembly.
The names, addresses and telephone numbers of the headquarters of the organization for which the parade or public assembly is to be conducted, if any, and the authorized and responsible heads of the organization.
The requested date of the parade or public assembly.
The route to be traveled, including the starting point and the termination point.
The approximate number of persons who and animals and vehicles which will constitute such parade or public assembly and the type of animals and description of the vehicles.
The hours when such parade or public assembly will start and terminate.
A statement as to whether the parade or public assembly will occupy all or only a portion of the width of the streets proposed to be traversed.
The location by street of any assembly areas for such parade or public assembly.
The time at which units of the parade or public assembly will begin to assemble at any such area.
The intervals of space to be maintained between units of such parade or public assembly.
If the parade or public assembly is designed to be held by, or on behalf of, any person other than the applicant, the applicant for such permit shall file a letter from that person with the Village Clerk authorizing the applicant to apply for the permit on his behalf.
The type of public assembly, including a description of activities planned during the event.
A description of any recording equipment, sound amplification equipment, banners, signs or other attention-getting devices to be used in connection with the parade or public assembly.
The approximate number of participants. (Spectators are, by definition, not participants.)
The approximate number of spectators.
A designation of any public facilities or equipment to be utilized.
Any additional information that the Board of Trustees finds reasonably necessary to a fair determination as to whether a permit should issue.
The Board of Trustees 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, it finds that:
The conduct of the parade or public assembly will not substantially interrupt the safe and orderly movement of other pedestrian or vehicular traffic contiguous to its route or location.
The conduct of the parade or public assembly will not require the diversion of so great a number of Village police officers to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection of the Village.
The concentration of persons, animals and vehicles at public assembly points of the parade or public assembly will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such public assembly areas.
The conduct of the parade or public assembly is not reasonably likely to cause injury to persons or property.
The parade or public assembly is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route.
Adequate sanitation and other required health facilities are or will be made available in or adjacent to any public assembly areas.
There are sufficient parking places near the site of the parade or public assembly to accommodate the number of vehicles reasonably expected.
No parade or public assembly permit application for the same time and location is already granted or has been received and will be granted.
No parade or public assembly permit application for the same time but a different location is already granted or has been received and will be granted, and the police resources required for that prior parade or public assembly are so great that, in combination with the subsequent proposed application, the resulting deployment of police services would have an immediate and adverse effect upon the welfare and safety of persons and property.
No event is scheduled elsewhere in the Village of Spring Valley where the police resources required for that event are so great that the deployment of police services for the proposed parade or public assembly would have an immediate and adverse effect upon the welfare and safety of persons and property.
Any structure, whether permanent or temporary, on a Village street, sidewalk or right-of-way receives simultaneous approval for the erection or placement of the structure is from the Board of Trustees.
The Board of Trustees shall uniformly consider each application upon its merits in a content neutral manner and shall not discriminate in granting or denying permits under this chapter based upon political, religious, ethnic, race, disability, sexual orientation or gender-related grounds.
With the exception of a spontaneous event or an event where the filing time requirements have been waived by the Mayor, the Board of Trustees shall act promptly upon a timely filed application for a parade or public assembly permit. If the permit application is received by the Village Clerk 30 or more days prior to the planned event, the Board of Trustees shall deny or grant the permit no later than 14 days after the permit application has been received. If the permit application is received by the Board of Trustees less than 30 days before the date of the planned event, the Mayor shall then deny or grant the permit in no less than 48 hours. If the Board of Trustee or the Mayor disapproves the application, the applicant shall be notified, either by personal delivery or certified mail at least 48 hours prior to the event, if practicable, of the disapproval and state the reasons for denial.
The Board of Trustees or the Mayor, in denying an application for a parade or public assembly permit, may authorize the conduct of the parade or public assembly at a date, time, location or route different from that named by the applicant. An applicant desiring to accept an alternative permit shall, within five days after notice of the action of the Board of Trustees or the Mayor, file a written notice of acceptance with the Village Clerk. The Board of Trustees and the Mayor may consider the availability of sidewalks, parks or other areas of public assembly.
An alternate parade or public assembly permit shall conform to the requirements of, and shall have the effect of, a parade or public assembly permit issued under this chapter.
Any applicant shall have the right to appeal the denial of a parade or public assembly permit to the Board of Trustees of the Incorporated Village of Spring Valley. The denied applicant shall make the appeal within five days after receipt of the denial by filing a written notice with the Village Clerk and a copy of the notice with the Village Attorney. The Board of Trustees of the Incorporated Village of Spring Valley shall act upon the appeal at the next scheduled meeting following receipt of the notice of appeal.
In the event that the Board of Trustees of the Incorporated Village of Spring Valley rejects an applicant's appeal, the applicant may file an immediate request for review with a court of competent jurisdiction.
Immediately upon the issuance of a parade or public assembly permit, the Village Clerk shall send a copy thereof to the following:
Each parade or public assembly permit shall state the following information:
Starting and approximate ending time.
Minimum speed of parade units.
Maximum speed of parade units.
Maximum interval of space to be maintained between parade units.
The portions of the streets that may be occupied by the parade or public assembly.
The maximum length of the parade in miles or fractions thereof.
A permittee hereunder shall comply with all permit directions and conditions and with all applicable laws and ordinances.
The parade or public assembly chairman or other person heading such activity shall carry the parade or public assembly permit upon his/her person during the conduct of the parade or public assembly.
The following prohibitions shall apply to all parades and public assemblies:
It shall be unlawful for any person to stage, present or conduct any parade or public assembly without first having obtained a permit as herein provided.
It shall be unlawful for any person to participate in a parade or public assembly for which the person knows a permit has not been granted.
It shall be unlawful for any person in charge of, or responsible for the conduct of, a duly licensed parade or public assembly to knowingly fail to comply with any condition of the permit.
It shall be unlawful for any person participating in any parade or public assembly to carry or possess any length of metal, lumber, wood or similar material for purposes of displaying a sign, poster, plaque or notice, unless such object is 1/4 inches or less in thickness and two inches or less in width or, if not generally rectangular in shape, such object shall not exceed 3/4 inches in its thickest dimension.
It shall be unlawful for any person to carry any sign, poster, plaque or notice, whether or not mounted on a length of material as specified in Subsection D of this section, unless such sign, poster, plaque or notice is constructed or made of a cloth, paper or cardboard material.
It shall be unlawful for any person participating in a parade or public assembly to utilize sound amplification equipment at decibel levels that exceed those limits imposed by the Village Code.
It shall be unlawful for any person to ride, drive, or cause to be ridden or driven, any animal or any animal-drawn vehicle upon any public street, unless specifically authorized by the permit.
The Mayor or the Chief of Police shall have the authority to revoke a parade or public assembly permit instantly upon violation of the conditions or standards for issuance as set forth in this chapter or when a public emergency arises where the police resources required for that emergency are so great that deployment of police services for parade or public assembly would have an immediate and adverse effect upon the welfare and safety of persons or property.
Any person violating the provision of any section of this chapter shall, upon conviction, be punished by fine not to exceed $1,000 or imprisonment of not more than 15 days, or both.
This chapter is in addition to any other law, ordinance or regulation affecting the subject matter herein and is not in limitation thereof.