[HISTORY: Adopted by the Mayor and Council of the City of
Española as Ch. 86, Art. III, of the Code of Ordinances. Amendments
noted where applicable.]
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any parade, demonstration, march, ceremony, show, exhibition,
pageant or procession of any kind or any similar display, in or upon
any street, park, or other public place in the City.
No person shall unreasonably hamper, obstruct or impede, or
interfere with any parade or parade assembly or with any person, vehicle
or animal participating or used in a parade. No driver of a vehicle
shall drive between the vehicles or persons comprising a parade, when
such vehicles or persons are in motion and are conspicuously designated
as a parade.
The Chief of Police shall have the authority, when reasonably
necessary, to prohibit or restrict the parking of vehicles along a
highway or part of a highway constituting a part of the route of a
parade.
The provisions of this chapter shall not be construed to repeal,
replace or limit any other ordinance of this City or to limit the
authority and power vested in the City Council, the Mayor, or any
law enforcement officer. It is the intention of the City Council that
this chapter supplement all legal powers otherwise conferred by law.
This chapter shall not apply to:
It shall be unlawful to conduct any parade in or on any public
street, alley or other public way or place in the City, or to engage
in, participate in, aid, form or start any parade or demonstration
within the City, unless a permit is first obtained therefor.
It is the policy of the City Council not to grant permits for
parades to be conducted over the Rio Grande Bridge, because of the
serious effect such use has on fire and police protection and ambulance
service, except on a very restricted basis when a parade on both sides
of the river is of great and sufficient interest to the community
as a whole to warrant such use.
Application for a parade permit required by this chapter shall
be made in conformance with this chapter and shall be submitted to
the Chief of the City Police Department. An application shall be filed
with the Chief of Police at least five days before the date on which
it is proposed to conduct the parade.
A.
The application
for a permit shall include the following information, where applicable:
(1)
The name and address and telephone number of the person seeking to
conduct such parade or demonstration.
(2)
If the parade or demonstration 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 or demonstration chairman and who will be responsible for
its conduct.
(4)
The date when the parade or demonstration is to be conducted.
(5)
The route to be traveled, the starting point and the termination
point.
(6)
The approximate number of persons who, and vehicles which, will constitute
such parade or demonstration, together with a description of the vehicles.
(7)
The hours when such parade will start and terminate.
(8)
A statement as to whether the parade or demonstration will occupy
all or only a portion of the width of the streets proposed to be traversed.
(9)
The location by streets and other public places of any assembly areas
for such parade or demonstration.
(10)
The time at which parade units of the parade or demonstration
will begin to assemble at any such assembly area.
(11)
The interval of space to be maintained between units of such
parade.
(12)
Whenever the applicant desires to conduct the parade on both
sides of the Rio Grande, the applicant must submit detailed and specific
reasons to justify the interruption of traffic over the Rio Grande
Bridge.
B.
Action
by Chief; referral to Mayor. The Chief of Police must act upon the
request for a permit under this section within 48 hours from receipt,
and forward the application, together with his recommendations, to
the City Manager. The City Manager shall approve or disapprove the
application within 48 hours from receipt from the Chief of Police.
Upon approval, the City Manager shall submit the application to the
City Clerk, who shall issue a permit for the parade on payment of
the required fee.
The City shall issue a parade permit when, from a consideration
of the application and from such other information as may otherwise
be obtained, it finds that:
A.
The conduct of the parade will not substantially interrupt the safe
and orderly movement of other traffic contiguous to its route.
B.
The conduct of the parade will not require the diversion of so great
a number of police officers to properly police the line of movement
and the areas contiguous thereto as to prevent normal police protection.
C.
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 this City other than that to be occupied by the proposed line of
march and areas contiguous thereto.
D.
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.
E.
The conduct of such parade will not interfere with the movement of
fire-fighting equipment en route to a fire.
F.
The conduct of the parade is not reasonably likely to cause injury
to persons or property, to provoke disorderly conduct or create a
disturbance.
G.
The parade is scheduled to move from its point of origin to its point
of termination expeditiously and without unreasonable delays en route.
Any person aggrieved shall have the right to appeal the denial
of the parade permit required by this chapter to the City Council.
The appeal shall be taken by notifying the City Clerk of such an appeal
in writing at least eight hours before a City Council meeting. The
appeal shall be heard and determined at the City Council meeting.
[Amended 7-11-2019 by Ord. No. 2019-03]
The fee specified in Chapter 171 shall be paid to the City for each parade permit required by this chapter, unless waived in the discretion of the City Manger.
The parade chairman or other person heading or leading such
activity shall carry the parade permit upon his person during the
conduct of the parade, and shall make it available at the request
of any City police officer.
