Chapter 10.55
PARADES, PROCESSIONS OR OTHER ORGANIZED FORMATION OF PERSONS OR VEHICLES ON THE PUBLIC STREETS AND WAYS

Sections:

10.55.010    Definitions.

10.55.020    Conformance to chapter provisions.

10.55.030    Permit required.

10.55.040    Application for permit.

10.55.050    Conditions of issuance.

10.55.060    Denial; public hearing.

10.55.070    Compliance with provisions.

10.55.080    Maximum number per day.

10.55.090    Routes – Schedules.

10.55.100    Regulation of parking.

10.55.010 Definitions.

The following definitions shall apply in this chapter:

A.    “Parade” means an informal or formal march or procession, or the movement of a body of people, vehicles or things marshaled in something like a military order, or a showy array or succession of persons, vehicles, or things. (Ord. 1637 § 1, 1996; Ord. 1627 § 1, 1996).

10.55.020 Conformance to chapter provisions.

It shall be unlawful for any number of persons, delegations, or associations of persons, or for any company, circus, or group to initiate, promote or participate in any parade, procession or other organized formation of persons or vehicles, other than a funeral procession or picket line, in or upon any street, way, highway, road or sidewalk under the control of the city unless the chief of police has granted a permit for such parade, procession or formation. (Ord. 1637 § 1, 1996; Ord. 1627 § 1, 1996).

10.55.030 Permit required.

It shall be unlawful for any person to initiate, promote or participate in any parade within the city until a permit therefor has first been secured. (Ord. 1637 § 1, 1996; Ord. 1627 § 1, 1996).

10.55.040 Application for permit.

Parade permits may be obtained from the chief of police upon application made in writing at least 72 hours before the date on which the parade is to be held, upon application forms furnished by the chief of police. The application form shall include the following information:

A.    The date and starting time.

B.    The name, address and telephone number of the applicant and the name of the organization involved.

C.    The formation or assembly area and time therefor.

D.    The route of the parade or motorcade and what portions of the streets traversed may be occupied by such parade or motorcade.

E.    The approximate number of people and vehicles in the parade or motorcade.

F.    The purpose of the parade or motorcade. (Ord. 1637 § 1, 1996; Ord. 1627 § 1, 1996).

10.55.050 Conditions of issuance.

Upon the filing of a timely completed application, the chief of police shall, within 48 hours (excluding any holiday, Saturday or Sunday), issue such permit in all cases, except where the time, place and manner are not in conformity with the rules set forth below, and except where the permit would conflict as to time or place with a permit previously issued. No fee shall be charged for any such permit. No permit shall be issued authorizing a parade, procession or formation under the following conditions:

A.    When the sole purpose is advertising any product, goods, wages, merchandise or event, and is designed to be held for private profit.

B.    When the time, route and size will disrupt the use of any street or public place, or material portion thereof which is ordinarily subject to substantial congestion or traffic and is chiefly of a business or mercantile character, except upon those holidays or Sundays when places of business along the route proposed are closed.

C.    When it is of a size or nature that requires the diversion of so great a number of police officers of the city to properly police the line of movement and the areas contiguous thereto, that allowing the parade or motorcade would deny reasonable police protection to the city. The chief of police shall have the authority to modify the route, time and place of a parade to facilitate crowd control in the interest of relieving congestion and promoting public safety; provided, that the applicant’s right of free speech is not denied thereby. (Ord. 1637 § 1, 1996; Ord. 1627 § 1, 1996).

10.55.060 Denial; public hearing.

A.    In the event an application for a parade permit is denied by the chief of police, the applicant may apply to the city council for a hearing concerning the same.

B.    At such hearing the applicant shall have the burden of proof of showing that the proposed parade will not be contrary to any of the conditions for denial as set forth in the preceding section. The chief of police shall be heard in rebuttal of the granting of the application.

C.    If, after hearing the applicant and the chief of police, the city council shall find as a fact that the proposed parade will not be contrary to any of the conditions for denial set forth in the preceding section, the application shall be granted by the city council; otherwise, the action of the chief of police in denying the application shall stand.

D.    The decision of the city council shall be final unless appeal is perfected with a court of proper jurisdiction within 10 days of the city council’s determination. (Ord. 1637 § 1, 1996; Ord. 1627 § 1, 1996).

10.55.070 Compliance with provisions.

All parade permits shall be issued subject to the parade being held in conformance with all applicable provisions of this code, state law and city ordinances, rules and regulations. Notwithstanding that a permit for the same has been issued by the chief of police or the city council, the chief of police is hereby authorized, empowered and instructed to stop and disperse any parade conducted in violation of such provisions. (Ord. 1637 § 1, 1996; Ord. 1627 § 1, 1996).

10.55.080 Maximum number per day.

Not more than one parade may be conducted during any one calendar day except Saturday or Sunday. (Ord. 1637 § 1, 1996; Ord. 1627 § 1, 1996).

10.55.090 Routes – Schedules.

Parade routes and schedules must be approved by the chief of police or by the city council before a permit for the same is granted. (Ord. 1637 § 1, 1996; Ord. 1627 § 1, 1996).

10.55.100 Regulation of parking.

The chief of police shall have the authority and duty to prohibit or restrict parking of vehicles along those parts of the streets constituting a part of the route of a parade, or at the point of assembly or dispersal of a parade, for a period of from three hours before its commencement to one hour after its dispersal. 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. No person shall be liable for parking on any street unposted in violation of this section. (Ord. 1637 § 1, 1996; Ord. 1627 § 1, 1996).