[Code 1962, § 18A-1]
This article shall be known and may be cited as the "Parade
Ordinance of the City of Franklin."
[Code 1962, § 18A-2]
For the purposes of this article, the word "parade" means and
includes any parade, march, ceremony, show, exhibition, pageant, or
demonstration, constituting or being a procession of any kind, or
any similar display, in or upon any street or municipally operated
parking lot in the City.
[Code 1962, § 18A-14]
Any person violating any of the provisions of this article shall
be guilty of a Class 2 misdemeanor.
[Code 1962, § 18A-13]
No person shall unreasonably hamper, obstruct, impede or interfere
with any parade or parade assembly or with any person, vehicle or
animal participating or used in a parade.
[Code 1962, § 18A-3; amended by Ord. of 4-8-2002(2)]
No person shall engage in, participate in, aid, form or start
any parade unless a parade permit has been obtained from the Chief
of Police or his or her designee. This section shall not apply to:
(1)
Funeral processions.
(2)
Students accompanied by and under the direction and supervision of
adult school authorities going to and from school classes or participating
in educational activities approved by school authorities; however,
this exception shall not apply to a school band marching in formation.
(3)
A governmental agency acting within the scope of its functions.
[Code 1962, § 18A-4; amended by Ord. of 4-8-2002(2)]
A person seeking issuance of a parade permit shall file an application
with the Chief of Police or his or her designee on forms provided
the Chief of Police. The application shall be filed not less than
five nor more than 60 days before the date on which it is proposed
to conduct the parade. The application shall set forth the following
information:
(1)
The name, address and telephone number of the person seeking to conduct
the parade.
(2)
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.
(3)
The name, address and telephone number of the person who will be
the parade marshal and who will be responsible for its conduct.
(4)
The date when the parade is to be conducted.
(5)
The route to be traveled, the starting point and the termination
point.
(6)
The location, by streets, of any assembly areas for the parade.
(7)
The hours when the parade will start and terminate.
(8)
The time at which units of the parade will begin to assemble at any
assembly area or areas.
(9)
The approximate number of persons who, and animals and vehicles which,
will constitute the parade; the type of animals and a description
of the vehicles.
(10)
The interval of space to be maintained between units of the parade.
(11)
A statement as to whether the parade will occupy all or only a portion
of the width of the streets, between the sidewalks, proposed to be
traversed.
(12)
A statement as to whether the parade will occupy any portion of the
width of the sidewalks of the streets proposed to be traversed and,
if so, what portion thereof.
(13)
If the parade is designed to be held by, and on behalf of or for,
any person other than the applicant, the applicant shall file with
the Chief of Police or his or her designee a communication in writing
from the person proposing to hold the parade, authorizing the applicant
to apply for the permit on his behalf.
(14)
Any additional information which the Chief of Police or his or her
designee shall find reasonably necessary to a fair determination as
to whether a permit should be issued.
[Code 1962, § 18A-6; amended by Ord. of 4-8-2002(2)]
The Chief of Police or his or her designee shall act upon the
application for a parade permit within three days after the filing
thereof.
[Code 1962, § 18A-5; amended by Ord. of 4-8-2002(2)]
The Chief of Police or his or her designee shall issue a parade
permit when, from a consideration of the application and from such
other information as may otherwise be obtained, he finds that:
(1)
The conduct of the parade will not substantially interrupt the safe
and orderly movement of other pedestrian and vehicular traffic contiguous
to its route.
(2)
The conduct of the parade will not require the diversion of so great
a number or police officers of the City to properly police the line
of movement and the areas contiguous thereto as to prevent normal
police protection to the City.
(3)
The conduct of the parade will not require the diversion of so great
a number of ambulances as to prevent normal ambulance service to portions
of the City other than that to be occupied by the proposed line of
march and areas contiguous thereto.
(4)
The concentration of persons, animals and vehicles at assembly and
termination points of the parade will not unduly interfere with proper
fire and police protection of, or ambulance service to, areas contiguous
to such points.
(5)
The conduct of the parade will not interfere with the movement of
firefighting equipment en route to a fire.
(6)
The conduct of the parade is not reasonably likely to cause physical
injury to persons at the assembly areas and termination point or on
the route to be traveled.
(7)
The parade is scheduled to move from its point of origin to its termination
expeditiously and without unreasonable delays en route.
(8)
The parade is not designed to be held purely for the private profit
of the person holding the same or for the sole purpose of advertising
any product or goods of such person.
[Code 1962, § 18A-9; amended by Ord. of 4-8-2002(2)]
Each parade permit shall state the following information:
(1)
Assembly time.
(2)
Starting time.
(3)
Minimum speed.
(4)
Maximum speed.
(5)
Maximum interval of space to be maintained between the units of the
parade.
(6)
The portions of the streets to be traversed that may be occupied
by the parade.
(7)
The maximum length of the parade, in miles or fractions thereof.
(8)
The assembly area.
(9)
The termination area.
(10)
Such other information as the Chief of Police or his or her designee
shall find necessary to the enforcement of this article.
[Code 1962, § 18A-8; amended by Ord. of 4-8-2002(2)]
Immediately upon the issuance of a parade permit, the Chief
of Police or his or her designee shall send a copy thereof to the
following:
[Code 1962, § 18A-12]
A permittee under this division shall comply with all permit
directions and conditions and with all applicable laws and ordinances.
The parade marshal or other person heading or leading the parade shall
carry the parade permit upon his person during the conduct of the
parade.
[Code 1962, § 18A-6; amended by Ord. of 4-8-2002(2)]
If the Chief of Police or his or her designee disapproves the
application for a parade permit, he or she shall deny the permit and
mail to the applicant, within three days after the date upon which
the application was filed, a notice of the denial, stating the reasons
for such denial.
[Code 1962, § 18A-11; amended by Ord. of 4-8-2002(2)]
If the Chief of Police or his or her designee denies a parade permit, the applicant shall have the right, within 10 days after the notice of denial mailed to such person pursuant to § 20-72, to appeal the decision to the City Council, to be considered by it at its next regular meeting to be held after notice of appeal is given, in writing, by the applicant. Any person desiring to appeal from the decision rendered by the City Council on the appeal from the decision of the Chief of Police or his or her designee shall have the right to appeal the same to the Southampton County Circuit Court provided notice of appeal is given within 10 days after the decision of the City Council, in writing, is given to such person.
[Code 1962, § 18A-7; amended by Ord. of 4-8-2002(2)]
The Chief of Police or his or her designee, in denying an application
for a parade permit, shall be empowered to authorize the conduct of
the parade on a date, at a time or over a route different from that
named by the applicant. An applicant desiring to accept an alternate
permit shall, within one day after notice of such action, file a written
notice of acceptance with the Chief of Police or his or her designee.
An alternate parade permit shall conform to the requirements of, and
shall have the effect of, a parade permit issued under this division.
[Code 1962, § 18A-10; amended by Ord. of 4-8-2002(2)]
The Chief of Police or his or her designee shall have the authority to revoke a parade permit issued under this division for violation of the standards of issuance as set forth in § 20-68.
