CHAPTER 19B
MEETINGS, ASSEMBLIES AND PARADES IN PUBLIC PLACES

Sections:

19B.1    Definitions.

19B.2    Permit required.

19B.3    Exceptions.

19B.4    Application.

19B.5    Findings required.

19B.6    Conditions to permit.

19B.7    Prior application.

19B.8    Notice of issuance or denial.

19B.9    Appeal procedure.

19B.10    Contents of permit.

19B.11    Duty of permittee.

19B.12    Revocation of permit.

19B.13    Public conduct during a meeting, assembly or parade.

19B.1 Definitions.

As used in this chapter:

(a)    “Activity” means a parade or public meeting or assembly;

(b)    “Funeral procession” means a single direct movement from a mortuary or church to the place of burial of a human body, under the direction of an authorized funeral director;

(c)    “Parade” means a march or procession of any kind;

(d)    “Public meeting or assembly” means 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. (Ord. No. 1983, § 45.)

19B.2 Permit required.

It is unlawful for any person to hold, manage, conduct, aid, participate in, form, start or carry on any parade or public meeting or assembly, as defined in this chapter, in or upon any public street, park or other public grounds in 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 herein provided. (Ord. No. 1983, § 45.)

19B.3 Exceptions.

This chapter shall not apply to any of the following:

(a)    Funeral processions;

(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. (Ord. No. 1983, § 45.)

19B.4 Application.

Application for permits under this chapter must be filed with the chief of police not less than five days in advance of the proposed activity. Late applications may be accepted if filed sufficiently in advance of the date of the proposed activity to enable the chief of police to determine that said activity will meet the requirements set forth in section 19B.5.

The application shall be in writing 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 any 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 times 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;

(h)    A statement as to whether a permit has been requested or obtained from any other city within which said activity shall commence, terminate or occur in part;

(i)    Any additional information which the chief of police shall find reasonably necessary to a determination of the findings required by Section 19B.5. (Ord. No. 1983, § 45.)

19B.5 Findings required.

The chief of police or his designated representative shall issue a permit as provided for hereunder when from a consideration of the application and from such other information as may otherwise be obtained he finds that:

(a)    The conduct of such activity will not substantially interrupt the safe and orderly movement of other traffic;

(b)    The concentration of persons, animals and vehicles will not unduly interfere with proper fire and police protection of, or ambulance service to, areas where the activity will take place or areas contiguous to such area;

(c)    The conduct of such activity will not unduly interfere with the movement of firefighting equipment enroute to a fire, or the movement of other emergency equipment;

(d)    The conduct of such activity is not reasonably likely to cause injury to persons or property; and

(e)    Such activity is not to be held for the sole purpose of advertising the goods, wares, or merchandise of a particular business establishment or vendor. (Ord. No. 1983, § 45.)

19B.6 Conditions to permit.

The chief of police shall have authority to impose such conditions as are necessary to insure that all of the findings mentioned in section 19B.5 shall exist during the continuation of the activity. (Ord. No. 1983, § 45.)

19B.7 Prior application.

If a prior permit application shall have been made for an activity proposed to be held at the same time or place, the chief of police 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. No. 1983, § 45.)

19B.8 Notice of issuance or denial.

The chief of police shall act upon the permit application within three days of the filing thereof. If he disapproves of the application, he shall mail to the applicant within that three-day period notice of the denial and the reason for it. (Ord. No. 1983, § 45.)

19B.9 Appeal procedure.

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 meeting following receipt of the notice of appeal. (Ord. No. 1983, § 45.)

19B.10 Contents of permit.

Conditions to the issuance of any permit shall be set forth in the permit. (Ord. No. 1983, § 45.)

19B.11 Duty of permittee.

(a)    A permittee hereunder shall comply with all terms and conditions of said permit and which all applicable laws and ordinances.

(b)    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. (Ord. No. 1983, § 45.)

19B.12 Revocation of permit.

The chief of police may revoke any permit issued hereunder upon the failure of the permittee to comply with the terms and conditions of said 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 19B.5. (Ord. No. 1983, § 45.)

19B.13 Public conduct during a meeting, assembly or parade.

(a)    It is unlawful for any person to unreasonably obstruct, impede or interfere with any parade or public meeting or assembly or with any person, vehicle or animal participating in such a parade, meeting or assembly for which a permit has been granted in accordance with the provisions of this chapter.

(b)    The chief of police shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a highway or part thereof constituting part of the route of a parade. The chief of police shall post signs to such effect, and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof (Ord. No. 1983, § 45.)