Chapter 8.30
PARADES AND ASSEMBLIES

Sections:

8.30.010    Definitions.

8.30.020    Parades and assemblies—Permit required.

8.30.030    Issuance of permits—Procedure.

8.30.040    Permit.

8.30.050    Appeals.

8.30.060    Revocation of permit.

8.30.010 Definitions.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

“Assembly” means any meeting, gathering, or group of twenty-five or more persons, animals or vehicles, or a combination thereof, having a common purpose, design or goal, upon any public street, sidewalk, alley, park, or other public place, which assembly substantially inhibits the usual flow of pedestrian or vehicular travel or which occupies any public area, other than a parade, as defined in this section.

“Parade” means any march, procession, motorcade or promenade consisting of persons, animals or vehicles, or a combination thereof, having a common purpose, design, destination, or goal, upon any public street or place, which parade, march, procession, motorcade or promenade does not comply with normal and usual traffic regulation or control, or which by its nature will impede or delay normal and usual vehicular or pedestrian traffic. (Ord. 91-3 § 1 (part), 1991)

8.30.020 Parades and assemblies—Permit required.

A.    No person shall conduct, manage or participate in any parade or assembly for which a written permit has not been issued in accordance with the provisions of this chapter. The provisions of this section shall not apply to or affect funeral processions.

B.    No person shall engage in any parade or assembly activity which would constitute a substantial hazard to public safety or which would materially interfere with or endanger the public peace or rights of residents to the quiet, peaceful and unmolested enjoyment of their property. (Ord. 91-3 § 1 (part), 1991)

8.30.030 Issuance of permits—Procedure.

A.    The issuing authority shall be the director of public safety.

B.    The approving authority shall be the director of public safety. Disapproval by the approving authority shall constitute disapproval of the permit. The director of public safety shall conduct an investigation into the nature of the proposed parade or assembly considering:

1.    Whether the time, duration, route, location and size of the parade or assembly will unreasonably disrupt the movement of traffic;

2.    Whether the parade or assembly is of a size and nature such that it would require the diversion of so great a number of public safety officers of the city to properly police the line of movement or assembly area and the areas contiguous thereto as to prevent reasonable police protection to the city;

3.    Whether the permittee has the ability and resources to provide for the services of monitors to control the orderly conduct of the parade or assembly in conformity with conditions that may be required by such permit;

4.    Whether the permittee has provided reasonable means for informing all the persons participating therein of the terms and conditions of such permit;

5.    Whether the concentration of persons, animals or vehicles, or a combination thereof, is such as to prevent proper police, fire and ambulance services;

6.    Whether the parade will move from its assembly area to its disbanding area expeditiously or not without stopping en route except when reasonably required for the safe and orderly conduct of the parade;

7.    Whether the parade or assembly will interfere with another parade or assembly for which a permit has been granted;

8.    Whether the parade or assembly will result in harm to persons or property.

C.    Any person desiring to conduct a parade or assembly shall make a written application to the director of public safety at least fourteen days in advance of the proposed parade or assembly. Such application shall include the following information:

1.    The name, address and telephone number of the person requesting the permit;

2.    The name and address of any organization or group he/she is representing;

3.    The name, address and telephone number of the person who will act as parade or assembly chairman, who will be responsible for the conduct of the parade or assembly;

4.    The number of monitors provided by the permittee and the identifying marks, badges or symbols to be worn or used by such monitors;

5.    The purpose of the parade or assembly, the estimated number of persons to participate and to otherwise attend, and the number and types of vehicles and animals to participate;

6.    The method of notifying the participants of the terms and conditions of the permit prior to the parade or assembly;

7.    The date the assembly or parade is to be conducted and the hours the assembly or parade will commence and terminate;

8.    If a parade, the specific assembly and dispersal locations, the specific route, and the plans, if any, for assembly and dispersal;

9.    Whether any costumes, masks or unusual attire will be worn;

10.    Whether any music will be provided, either live or recorded;

11.    The number, types and locations of all loudspeakers and amplifying devices to be used;

12.    Such other information as the director of public safety may deem necessary in order to properly provide for traffic control, street and property maintenance, administrative arrangements, police and fire protection, and the protection of the public health, safety and welfare.

D.    The director of public safety shall deny the application for the permit if any information supplied by the applicant is false or intentionally misleading, or if the director of public safety determines that the parade or assembly will endanger the public health, welfare or safety by applying the criteria set forth in subsection B of this section, and if he determines that reasonable adjustments to the community traffic control, street and property maintenance, and police, fire and ambulance protection would not alleviate such danger. Nothing in this chapter shall allow the director of public safety to deny a permit based upon political or religious grounds or reasons.

E.    The director of public safety shall uniformly consider each application upon its facts and shall not discriminate in granting or denying applications.

F.    The director of public safety shall notify the applicant within five days of receipt of the application, as follows, that:

1.    The permit shall be issued subject to any conditions for the conduct of its parade or assembly; or

2.    The permit is to be denied together with the reasons therefor. (Ord. 91-3 § 1 (part), 1991)

8.30.040 Permit.

Any permit issued pursuant to this chapter shall be subject to the following:

A.    Such reasonable conditions as are deemed necessary by the city to protect the health, welfare and safety of the community and the participants in such parade or assembly, including, but not limited to, furnishing of traffic-control devices such as signs and barricades, and providing for cleanup and trash removal related to the activity itself.

B.    The applicant executing an indemnity and hold harmless certificate as provided by the city and furnishing proof of insurance naming the city as an additional insured in the amount and form prescribed by the city. (Ord. 91-3 § 1 (part), 1991)

8.30.050 Appeals.

The granting or denial of a permit by the director of public safety pursuant to this chapter may be appealed, as follows:

A.    Informal Procedure. The applicant or permittee may request an informal meeting with the city manager and director of public safety to discuss denial of a permit or, if a permit is granted, to discuss any objectionable condition thereof. At such meeting the city manager may request input from other parties as required in order to make every effort to resolve the applicant’s objections. At the end of the meeting, the city manager shall announce his decision.

B.    Formal Procedure. An applicant, permittee or any person affected by issuance of a permit may appeal the matter to the city council. Such appeal shall be in writing and shall be filed with the city clerk within three days of the decision of the director of public safety or the decision of the city manager, if applicable. The city council shall act upon the appeal within five normal work days of the filing of the appeal. If a regular city council meeting is not scheduled within said five normal work days after the filing of the appeal, the mayor shall call a special city council meeting to consider such appeal. (Ord. 91-3 § 1 (part), 1991)

8.30.060 Revocation of permit.

The director of public safety shall have the authority to revoke a parade permit issued under this chapter in the event that he finds and determines that any term, condition, restriction or limitation of such permit has been violated or is being violated, or if he should find that, due to changed circumstances, any one or more of the standards specified in Section 8.30.030 has not been satisfied. Appeal to the city council from any such revocation may be taken as specified in Section 8.30.050. (Ord. 91-3 § 1 (part), 1991)