[Adopted 1-8-1988 as Title 7, Ch. 10 of the 1988 Code]
The Village Board recognizes that the highways
of the Village of Siren are primarily for the use of the traveling
public. However, it further recognizes that there is a fundamental
and constitutional right to use the public streets for processions
and parades which do not substantially interfere with the public's
right to travel on such highways. This article is intended to regulate
and control parades and processions for the purpose of protecting
the general welfare and safety of the persons using the streets and
highways of the Village of Siren.
As used in this article, the following terms
shall have the meanings indicated:
Has the meaning set forth in § 340.01(22), Wis.
Stats., and also includes areas owned by the Village of Siren which
are used principally for pedestrian or vehicular traffic.
Any parade, march or procession of any kind and the assembly
areas therefor.
No person shall form, direct, marshal, lead
or participate in any parade on any street or highway under the jurisdiction
of the Village unless a permit has been obtained in advance as provided
in this article, provided that, upon notification to the Chief of
Police, a parade on sidewalks and footways in which persons move not
more than two abreast and which does not substantially hinder normal
use of the sidewalk or footway and conforms to traffic control devices
and other traffic regulations may be conducted without a permit. A
permit is not required for assembling or movement of a funeral procession
or for any parade sponsored by an agency of the federal or state government
acting in its governmental capacity within the scope of its authority.
Federal and state authorities are requested to coordinate preparations
for and holding parades sponsored by them under this article with
the Chief of Police.
A written application for a permit for any parade
on the streets or highways under the jurisdiction of the Village shall
be made in triplicate by one of the organizers to the Chief of Police
on a form provided by said officer no less than 72 hours prior to
the parade. Application made less than 35 days prior to the date of
the proposed parade must be made in person. The application shall
set forth the following information regarding the proposed parade:
A.
The name, address and telephone number of the applicant.
B.
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.
C.
The name, address and telephone number of the person
who will be responsible for conducting the parade.
D.
The date when the parade is to be conducted and its
duration.
E.
The assembly area, the starting point, the route to
be traveled and the termination point.
F.
The number and size of units comprising the parade.
G.
If the parade is to be conducted by or for any person
other than the applicant, the applicant for such permit shall file
with the Chief of Police a communication in writing from the person
proposing to hold the parade authorizing the applicant to apply for
the permit on his behalf.
H.
Any additional information which the Chief of Police
finds reasonably necessary to a fair determination as to whether a
permit should be issued.
The Chief of Police shall submit a copy of the
application to the Village Clerk-Treasurer for report and recommendation.
A.
Discretionary
denial of permit. The application may be denied if:
(1)
It is for a parade that is to be held on a workday
during hours when and at places where, in addition to the proposed
parade, the flow of vehicular traffic is usually delayed by its own
volume;
(2)
It is for a parade that is to be held between the
hours of 8:00 p.m. and 7:00 a.m.; or
(3)
Sufficient parade marshals are not provided as to
reasonably assure the orderly conduct of the parade.
B.
Mandatory
denial of permit. The application shall be denied if:
(1)
It is made less than 72 hours in advance of the time
the parade is scheduled to commence;
(2)
It is for a parade that is primarily for private or
commercial economic gain;
(3)
It is for a parade which would involve violation of
federal, state or local laws relating to the use of highways or of
other applicable regulations of the Village;
(4)
The granting of the permit would conflict with another
permit already granted or for which application is already pending;
(6)
More than one assembly area or more than one dispersal
area is proposed; or
(7)
There is a failure to receive a permit under § 84.07,
Wis. Stats.
The Village Clerk-Treasurer shall issue a permit to the applicant,
subject to the foregoing sections this article, unless he or she concludes
that:
A.
The policing of the parade will require so large a
number of persons and vehicles, including ambulances, as to prevent
adequate service of the needs of the rest of the Village;
B.
The parade will so substantially hinder the movement
of police, fire and other emergency vehicles as to create a substantial
risk to persons and property;
C.
The conduct of the parade will substantially interrupt
the safe and orderly movement of other traffic contiguous to its route;
or
D.
The parade is so poorly organized that participants
are likely to engage in aggressive or destructive activity.
A.
Time when required. The Village Clerk-Treasurer shall
act as promptly as he or she reasonably can on all applications for
permits after consulting with other government agencies directly affected
and after consulting with the applicant, if necessary. All applications
filed 35 days or more in advance shall be granted or denied not less
than 28 days before the date of the parade stated in the application.
Action on applications filed less than 35 days in advance shall be
taken within seven days after the application is filed, but in no
case later than 10 hours in advance of the time applied for. The Village
Clerk-Treasurer shall immediately, by the most reasonable means of
communication, notify the applicant of such action and, if the application
is denied, the reasons for denial of the permit. Nothing herein shall
prevent the Village Board from overruling the Village Clerk-Treasurer
in granting or denying a permit.
B.
Modification of requested permit. In lieu of denying
a permit, the Chief of Police may authorize the changing of assembly
areas or dispersal areas or the conducting of the parade at a date
or time or over a route different than as applied for as permitted.
The applicant or permittee may accept such modification by immediately
notifying the Chief of Police in writing of such acceptance.[1]
Each parade permit shall state such information
as the Chief of Police shall find necessary to the enforcement of
this article.
Where the Chief of Police or Director of Public
Works determines that the cost of municipal services incident to the
staging of the parade will be increased because of the parade, the
Village Clerk-Treasurer may require the permittee to make payment
into the general fund of the municipality in an amount equal to the
increased cost for the municipal services. The Village Clerk-Treasurer
may also require the permittee to file evidence of good and sufficient
sureties, insurance in force or other evidence of adequate financial
responsibility, running to the Village of Siren and such third parties
as may be injured or damaged, in an amount depending upon the likelihood
of injury or damage as a direct and proximate result of the holding
of the parade sufficient to indemnify the municipality and such third
parties as may be injured or damaged thereby, caused by the permittee,
its agents or participants.
Immediately upon the issuance of a parade permit,
the Village Clerk-Treasurer shall send a copy thereof to the following:
The Village President or Chief of Police may
revoke a permit already issued if he deems that such action is justified
by an actual or potential emergency due to weather, fire, riot, other
catastrophe or likelihood of a breach of the peace, or by a major
change in the conditions forming the basis of the standards of issuance.
A.
Permittee. A permittee under this article shall comply
with all permit directions and conditions and with all applicable
laws, ordinances and other regulations of the state and the Village
of Siren.
B.
Participants. No person who leads or participates
in a parade shall disobey, or encourage others to disobey, this article
after a law enforcement officer has directly and presently informed
him of any of the provisions of this article or the terms of the applicable
parade permit.
