[CC 1970 §20-90; Ord. No. 5819 §1(20-90), 5-11-2004; Ord. No. 5900 §1(20-90), 9-27-2005]
For purposes of this Article, the following terms shall mean
as follows:
A coordinated movement of seven (7) or more pedestrians or
vehicles upon the streets within the City, except funeral processions,
with either:
An intent of attracting public attention that interferes with,
or can reasonably be expected to have a tendency to interfere with,
the normal flow or regulation of traffic upon the street, or
Actually has or can reasonably be expected to have a tendency
to interfere with the normal flow or regulation of traffic and/or
the use of one (1) or more streets, regardless of the intent of the
participants.
A gathering outside a structure of more than eight (8) persons
for a common purpose at a public place that continues in existence
for more than thirty (30) minutes.
[CC 1970 §20-91; Ord. No. 5819 §1(20-91), 5-11-2004), Ord. No. 5900 §1(20-91), 5-27-2005; Ord. No. 6103 §1, 4-27-2010]
A.
No
procession or parade shall occupy, march or proceed along any public
street, roadway or public property except in accordance with a permit
issued by the Chief of Police and with such other applicable regulations
as are set forth in this Code.
B.
The
written application for such permit shall be filed with the Chief
of Police on a form approved by him/her sufficiently in advance of
the proposed parade or procession to allow adequate arrangements to
be made for the proper policing of same. The application shall contain
the following:
1.
The name of the applicant, the sponsoring organization, the parade
or procession chairman and the addresses and telephone numbers of
each.
2.
The purpose of the parade or procession, the date when it is proposed
to be conducted, the location of the assembly area, route to be traveled
and the approximate time when the parade, procession or motorcade
will assemble, start and terminate.
3.
A description of the individual floats, marching units, vehicles,
bands, if any, including a description of any sources of noise and
any sound amplification equipment to be used.
4.
Such other information as the Chief of Police may deem reasonably
necessary.
C.
The
application for a permit may be granted if the applicant establishes
to the reasonable satisfaction of the Chief of Police that the application
complies with the requirements of this Article and the parade, procession
or public assembly will not:
1.
Substantially interrupt the safe and orderly movement of other traffic
in the vicinity of its route;
2.
Require the diversion of so great a number of Police Officers, Firefighters,
ambulances and other first responders of the City so as to disrupt
the normal and necessary provision of such services to the City;
3.
Unduly interfere with the provision of police, fire and ambulance
services to the areas contiguous to the assembly areas, due to the
concentration of persons, animals and vehicles on the parade route;
4.
Present an unreasonable risk of injury to persons and property or
provoke disorderly and/or unruly conduct;
5.
Create an unreasonable amount of noise based upon the character of
the neighborhood of the proposed parade route or the time and date
of the proposed parade; or
6.
Pose an unreasonable risk to the health, welfare and safety of the
City's residents and businesses for any other reason.
D.
The
Chief of Police may approve or deny an application or may conditionally
approve an application upon such terms or conditions as may, in the
reasonable judgment of the Chief, best provide for protection of the
public health, safety and welfare.
E.
The
Chief of Police may also deny an application and tentatively authorize
an alternative permit to an unsuccessful applicant, providing a permitted
date, time and route for the parade. The alternative permit may include
any other conditions or requirements that the Chief of Police deems
necessary to ensure that the parade will comply with the requirements
set forth in this Code of Ordinances. An applicant may accept the
alternative parade route by notifying the Chief of Police, in writing,
of such acceptance within three (3) days of receiving the offered
alternative permit. Any alternative permit must comply with the requirements
for parade permits set forth herein.
F.
An
applicant may appeal the denial, conditional approval or tender of
an alternative parade permit by the Chief of Police. The appeal shall
be in writing and directed to the City Manager and must be taken within
three (3) days of the receipt of the notice of the Chief's determination.
The City Manager shall review the application de novo and render such
determination as warranted under the circumstances.
G.
Any
parade permit issued under this Section may set forth conditions reasonably
necessary for the protection of the rights, property and personal
safety of all parties. Failure to substantially fulfill the conditions
set forth in such permit shall render such permit null and void.
H.
The
requested permit shall not be issued until receipt of a payment to
the City of a permit fee in an amount sufficient to pay costs reasonably
anticipated to be borne by the City to accommodate the intended event
including, but not limited to, personnel and/or equipment costs incurred
for staging and/or deployment of personnel or equipment reasonably
required to address public safety and traffic impacts that may be
occasioned by the permitted event.
I.
Upon
issuance of such permit, the Police Department shall provide Police
services adjacent to the permit area to regulate vehicular and pedestrian
traffic, conditioned upon the availability of a sufficient contingent
of on-duty personnel to provide such services without diminishing
routine service levels to the entire community.
J.
By
applying for and being granted such permit, the applicant shall assume
all civil liability arising from conditions, restrictions or omissions
on the face of the permit.
K.
Payment
of a non-refundable fee of thirty dollars ($30.00) for the administrative
costs involved in the processing of the parade or procession permit
application shall accompany the filing of the permit application and
shall remain in the general revenues of the City without regard to
whether the application is approved or denied.
[CC 1970 §20-92; Ord. No. 5819 §1(20-92), 5-11-2004; Ord. No. 6377 §1, 6-9-2015]
A.
The following prohibitions shall apply to all parades and public
assemblies:
1.
It shall be unlawful for any person at any parade or public
assembly to carry or possess any weapon as defined below. For purposes
of this Chapter and notwithstanding any other provision of this Code,
"weapon" means any pistol, rifle, shotgun or other firearm of any
kind, whether loaded or unloaded, air rifle, air pistol, paintball
gun, paintball rifle, explosive, blasting cap(s), knife, hatchet,
ax, slingshot, blackjack, metal knuckles, mace, iron buckle, ax handle,
chains, crowbar, hammer, shovel or any club or bludgeon or any other
instrumentality used or intended for use as a dangerous weapon.
2.
It shall be unlawful or any person to carry or possess any sign,
poster, plaque or notice unless such sign, plaque or notice is constructed
solely of a cloth, paper, flexible or cardboard material no greater
than one-quarter (1/4) inch in thickness.
3.
It shall be unlawful for any person to carry or possess any
length of lumber, wood or wood lath unless it is one-fourth (1/4)
inch or less in thickness and two (2) inches or less in width or if
not generally rectangular in shape, such object shall not exceed three-quarters
(3/4) inch in its thickest dimension. Both ends of the length of lumber,
wood or lath shall be blunt and shall not be pointed. Exceptions from
this Section include:
a.
Lumber or wood used to support or control puppets, so long as
the lumber or wood is not detached from the puppets, and
b.
Stilts, defined as two (2) poles with footrests off the ground
on which someone balances or walks so long as each stilt does not
exceed fifteen (15) feet in length and two (2) by two (2) inches in
width.
4.
It shall be unlawful or any person to carry or possess any length
of metal, plastic or other similar hard or stiff material, whether
hollow or solid; provided that the hollow plastic does not exceed
three-quarter (3/4) inch in its thickest dimension, does not exceed
one-eighth (1/8) inch in wall thickness and is not filled with any
material, liquid, gas or solid, may be used to support a sign, banner,
placard or other similar display; however, both ends of the length
of plastic material shall be blunt and not pointed.
5.
It shall be unlawful for any person to carry or possess glass
bottles, glass jars or glass containers of any kind unless such glass
container is a vial required to hold medication customarily stored
in a glass vial.
6.
It shall be unlawful for any person to carry or possess balloons
filled with any material or substance other than air, oxygen or helium.
Such materials and substances include, but are not limited to, water,
paint or any other liquid, solid or other gas.
7.
It shall be unlawful for any person to carry or possess bricks,
stones, rocks or pieces of asphalt or concrete. No person may carry
or possess with the intent to unlawfully use any hard materials or
substances or pieces of hard materials or substances that are capable
of being thrown or projected.
8.
It shall be unlawful for any person to carry or possess spray
paint cans.
9.
It shall be unlawful for any person to carry or possess any
projectile launcher or other device which is commonly used for the
purpose of launching, hurling or throwing any object, liquid, material
or other substance, including but not limited to, super soakers and
water cannons. Nothing in this Subsection is intended to prohibit
or restrict those participating in parades, demonstrations, rallies
or assemblies from possessing sufficient amount of water or other
liquids designed and intended for human consumption during such an
event.
10.
It shall be unlawful for any person to carry or possess any
so called sleeping dragon device with the intent to use the device
to deny or obstruct the public's ability to freely move about
on roadways, sidewalks or into or out of buildings. For purposes of
this Subsection, a "sleeping dragon device" shall mean a section of
pipe or a container filled with weighted material, handcuffs, chains,
carabineers or other locking devices used to lock a person or persons
to another person or persons or other objects.
11.
It shall be unlawful for any person to ride, drive or cause
to be ridden or driven any animal drawn vehicle upon any public street
as a part of a parade or public assembly unless such transportation
is specifically authorized by the permit.
12.
No person shall cross or breach a lawfully erected barricade
or police line.
B.
Nothing in this Section shall prohibit a disabled person from carrying,
possessing or using a wheelchair, cane, walker or similar device necessary
for providing mobility so that the person may participate in a parade.
C.
Nothing in this Section is intended to authorize the possession or
use of materials, weapons or devices that are otherwise prohibited
by any other local, State or Federal ordinance, Statute or regulation.
The purpose of this Section is to prohibit the carrying or possession
of items and materials that have the potential to be used as weapons
to cause physical or personal damage and whose possession might not
otherwise be prohibited by local, State or Federal law.
