Chapter 5.28
PARADES, ASSEMBLIES OR PUBLIC MEETINGS
Sections:
5.28.060 Permit--Issuance conditions.
5.28.070 Permit--Conflict with other activity--Refusal.
5.28.080 Permit--Action--Notice.
5.28.090 Permit--Requirements.
5.28.100 Permit--Denial--Appeal.
5.28.010 Definitions.
The following definitions shall apply to the provisions of this chapter:
A. An "activity" is any meeting, assembly or parade.
B. A "parade" is a march or procession of any kind.
C. A "public meeting" or "assembly" is a planned or organized gathering of a group of persons, or any ceremony, show, exhibition or pageant which may reasonably be expected to result in the gathering of a group of persons, upon any public street, park or other public grounds. (Prior code §8-801).
5.28.020 Permit--Required.
It is unlawful for any person to hold, manage, conduct, aid, participate in, form, start or carry on any meeting, assembly or parade, as defined in this chapter, in or upon any public street, park, or other public ground of the city unless and until a permit to conduct such meeting, assembly, or parade has been obtained in compliance with the provisions of this chapter, except as provided in this chapter. (Prior code §8-802).
5.28.030 Exemptions.
This chapter shall not apply to any of the following:
A. Funeral Processions. As used in this chapter, "funeral procession" means a single direct movement from a mortuary or church to the place of burial of a human body, under direction of an authorized funeral director;
B. A governmental agency acting within the scope of its functions;
C. Students going to and from school classes or participating in educational activities, providing such activity is authorized by the school district and is under the immediate direction and supervision of the school authorities authorized by the school district to approve and supervise such activity. (Prior code §8-803).
5.28.040 Permit--Application.
Application for permits under this chapter must be filed with the city manager not less than twenty days in advance of a proposed parade, and not less than fourteen days in advance of a proposed meeting or assembly. Late applications may be accepted if filed sufficiently in advance of the date of the proposed activity to enable the city manager to determine that the activity will meet the requirements set forth in Section 5.28.050. The application shall be in writing on a form furnished by the city manager and shall give the following information:
A. The name, address and telephone number of the person requesting the permit. If the activity 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 the authorized head of such organization shall be stated;
B. The name, address and telephone number of the person who will be directly in charge of and responsible for the activity;
C. The purpose of the activity;
D. The date, time and location or route of the proposed activity;
E. The approximate number of persons who will participate in the activity, and the number and kind of vehicles, equipment and animals which will be used;
F. Plans for the assembly and dispersal of the parade, including the time and locations thereof;
G. A statement as to whether the parade will occupy all or only, a portion of the streets proposed to be traversed, and of any streets or portions of any streets proposed to be closed for the purpose thereof;
H. A statement as to whether a permit has been requested or obtained from any other city within which the activity shall commence, terminate, or occur in part;
I. Any additional information which the city manager or his designated representative shall find reasonably necessary to a determination of the findings required by Section 5.28.050. (Ord. 87-08 §1(part), 1988: prior code §8-804).
5.28.050 Permit--Issuance.
A. The city manager or his designated representative shall issue a permit as provided for under the provisions of this chapter, when from a consideration of the application and from such other information as may otherwise be obtained he finds that, and upon such conditions necessary to ensure that, as follows:
1. The conduct of the activity with respect to its time, place, manner and duration will not substantially interrupt the safe and orderly movement of other traffic.
2. The conduct of the activity with respect to its time, place, manner and duration will not unduly interfere with proper fire and police protection of the city.
3. The conduct of the activity with respect to its time, place, manner and duration will not unreasonably jeopardize or constitute a hazard to the public property on or about which the same is to take place.
4. The conduct of the activity with respect to its time, place, manner and duration will not unduly interfere with the orderly operation of parks, hospitals, churches, schools or other public and quasi-public institutions in the city.
B. In acting on the application, the city manager shall forthwith forward a copy of the same to the chief of police of the city, the superintendent of public works and the chief administrative officer of any fire protection district having jurisdiction in the city, requesting comments and recommendations by the officials with respect to the application. Failure of any official to respond to the request of the city administrator in writing within five days shall be deemed an unconditional approval of the application by the official. (Ord. 87-08 §1(part), 1988: Ord. 196 §1, 1971: prior code §8-805).
5.28.060 Permit--Issuance conditions.
Conditions to the issuance of any permit shall be set forth in the permit. (Prior code §8-809).
5.28.070 Permit--Conflict with other activity--Refusal.
If a prior permit application has been made for an activity proposed to be held at the same time or place, the city manager or his designated representative may refuse approval of the later application. In case of such refusal, he shall forthwith send the applicant a written notice that he may apply for an alternate time and place. (Ord. 87-08 §1(part), 1988: prior code §8-806).
5.28.080 Permit--Action--Notice.
Written notice of the issuance or denial of a permit shall be mailed to the applicant by the city manager or his designated representative at least eight days prior to the proposed date thereof. If a permit is denied, the written notice shall state the reasons for denial. (Ord. 87-08 §1(part), 1988: prior code §8-807).
5.28.090 Permit--Requirements.
A permittee under the provisions of this chapter shall comply with all terms and conditions of the permit and with all applicable laws and ordinances. The written permit obtained pursuant to this chapter shall be carried by the person heading or leading the activity for which the permit was issued. (Prior code §8-8010).
5.28.100 Permit--Denial--Appeal.
The applicant shall have the right to appeal the denial of a permit to the city council. A notice of appeal shall be filed with the city clerk within two days after receipt of notice of the denial. The city council shall act upon the appeal at its next regular meeting following receipt of notice of appeal or at a special meeting called for that purpose, and its decision shall be final. (Prior code §8-808).
5.28.110 Permit--Revocation.
The city manager or his designated representative may revoke any permit issued under the provisions of this chapter upon the failure of the permittee to comply with the terms and conditions of the permit, or if the activity, because of the manner in which it is being conducted or for any other reason, is jeopardizing those elements of the public safety or welfare set forth in Section 5.28.050. (Ord. 87-08 §1(part), 1988: prior code §8-8011).
5.28.120 Unlawful acts.
It is unlawful for any person to unreasonably obstruct, impede or interfere with any meeting, assembly or parade or with any person, vehicle or animal participating in such a meeting, assembly, or parade for which a permit has been granted in accordance with the provisions of this chapter. The chief of police shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a highway or part hereof constituting a part of the route of a parade. The chief of police shall post signs to such effect, and it is unlawful for any person to park or leave unattended any vehicle in violation thereof. (Prior code §8-8012).