Article 741
PARADES AND PUBLIC ASSEMBLAGES

Sections:

741.01  Permit required.

741.02  Permit application – Filing time.

741.03  Final decision by city manager on permit issuance – No charge for permit.

741.04  Permit application information.

741.05  Required findings by city manager prior to permit issuance.

741.06  Compliance with lawful requirements.

741.07  Funerals and governmental agencies excepted.

741.08  Severability – Validity of remaining provisions.

741.99  Penalty.

741.01 Permit required.

No person, firm, partnership, association, corporation, company or organization of any kind shall engage in, be a part of, or participate in or start any parade, procession or assemblage, marching, occupying or assembling upon any street, lane, alley, highway or any other public place within the city to the exclusion of or interruption of other citizens in their individual rights of the use thereof, or to the disturbance of the peace or order of the city, or to the deprivation of the public of police and fire protection, unless a permit has first been obtained for such parade, procession or public assemblage from the city manager. (Ord. 2743, 1970)

741.02 Permit application – Filing time.

An applicant seeking issuance of a parade or public assemblage permit shall file an application on forms as provided by the city, with the city manager, not less than seven nor more than 90 days prior to the date on which it is proposed to conduct the parade or public assemblage. (Ord. 2743, 1970)

741.03 Final decision by city manager on permit issuance – No charge for permit.

The chief of police shall, after concurrence with the city manager, submit his recommendation in writing to the city manager as to the propriety of the issuance of such permit. The city manager shall make the final decision on the issuance of the permit, and notification shall be given by the city manager to the applicant in writing as to whether the permit shall be issued or denied. The application and permit shall be free of charge to such persons. (Ord. 2743, 1970)

741.04 Permit application information.

Application for a parade or public assemblage permit shall set forth the following information insofar as applicable:

(A) The name, address and telephone number of the person, firm, partnership, association, corporation, company or organization seeking to conduct such parade or public assemblage.

(B) If the parade or public assemblage is proposed to be conducted for, on behalf of, or by an organization, the name, address and telephone number of the headquarters of that organization and of the authorized heads of such organization, and also a communication in writing shall be filed with the city manager by the person proposing to hold the parade or public assemblage authorizing the applicant to apply for the permit on behalf of the organization.

(C) The name, address and telephone number of the person or persons who will be in charge of and who will be responsible for its conduct.

(D) The date and location of the parade or public assemblage to be conducted and the route to be traveled with the starting point and termination point for a parade.

(E) The hours when such parade or public assemblage will start and terminate, and the approximate number of persons and/or vehicles constituting or participating in such parade or public assemblage. (Ord. 2743, 1970)

741.05 Required findings by city manager prior to permit issuance.

The city manager shall issue a parade or public assemblage permit when, from a consideration of the application and from such other information as may be otherwise obtained, he finds that:

(A) The conduct of the parade or public assemblage will not substantially interrupt the safe and orderly movement of pedestrian and vehicular traffic.

(B) The conduct of the parade or public assemblage will not require the diversion of so great a number of police officers of the city to properly police the line of movement or place of the assemblage in the areas contiguous thereto so as to prevent normal police protection to the city.

(C) The concentration of persons, animals and/or vehicles at the assembly point or points will not interfere with proper police and fire protection of areas contiguous to such assembly areas.

(D) The conduct of such parade or public assemblage will not interfere with the movement of fire fighting equipment en route to a fire.

(E) The conduct of such parade or public assemblage is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct or to create a disturbance.

(F) The parade or public assemblage is scheduled to move from its point of origin to its point of termination expeditiously and without any unreasonable delays en route.

(G) The parade or public assemblage is not to be held for the sole purpose of advertising any product, goods or event, and is not designated to be held purely for private profit, and that the parade or public assemblage is generally in the public interest. (Ord. 2743, 1970)

741.06 Compliance with lawful requirements.

No parade, procession or public assemblage shall form, march or assemble except at such time, place or route or be of different character or purpose than as set out in the permit issued pursuant to the application. No person shall participate in a parade, procession or assemblage as described herein prior to the compliance with the provisions of this article. (Ord. 2743, 1970)

741.07 Funerals and governmental agencies excepted.

This article shall not apply to funeral processions or any governmental agency acting within the scope of its authority. (Ord. 2743, 1970)

741.08 Severability – Validity of remaining provisions.

The provisions of this article are declared to be severable, and if any of its sections, provisions, sentences, phrases or parts are held unconstitutional or void, the remainder of this article shall continue in full force and effect. It is hereby declared to be the legislative intent that this article would have been passed even if such unconstitutional or void matter had not been included herein. (Ord. 2743, 1970)

741.99 Penalty.

Whoever violates any provisions of this article shall be fined not more than $50.00, and in default of payment thereof, shall be imprisoned not more than five days. (Ord. 2743, 1970)