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Article 10-12
PARADE AND PUBLIC ASSEMBLYSections:
10-12-1 Definitions
10-12-2 Permit Required
10-12-4 Application
10-12-5 Fees
10-12-6 Police Protection
10-12-7 Standards for Issuance
10-12-8 Non-Discrimination
10-12-9 Notice of Denial of Application
10-12-10 Alternative Permit
10-12-11 Appeal Procedure
10-12-12 Notice to Town and Other Officials
10-12-13 Contents or Permit
10-12-14 Duties of Permittee
10-12-15 Prohibitions
10-12-16 Public Conduct During Parades or Public Assemblies
10-12-17 Revocation of Permit
10-12-18 For Penalty Provision; See Section 10-1-23
10-12-1 Definitions
A. Chief of Police means the Chief of Police of the Town of Oro Valley.
B. Town means the Town of Oro Valley.
C. Parade means any march, demonstration, procession or motorcade consisting of persons, animals, or vehicles or a combination thereof upon the streets, parks or other public grounds within the Town with an intent to attract public attention that interferes with the normal flow or regulation of traffic upon the streets, parks or other public grounds.
D. Parade or public assembly permit means a permit as required by this Code.
E. Person means any person, firm, partnership, association, corporation, company or organization of any kind.
F. Public assembly means any meeting, demonstration, picket line, rally or gathering of more than twenty (20) persons for a common purpose as a result of prior planning that interferes with the normal flow or regulation of pedestrian or vehicular traffic or occupies any public area in a place open to the general public.
G. Sidewalk is any area or way set aside or open to the general public for purposes of pedestrian traffic, whether or not it is paved.
H. Street is any place or way set aside or open to the general public for purposes of vehicular traffic, including any berm or shoulder parkway, right-of-way, or median trip thereof.
(02-07, Added, 03/20/2002)
10-12-2 Permit Required
This Code shall not apply to the following:
A. Funeral Processions;
B. Students going to and from school classes or participating in educational activities, provided that such conduct is under the immediate direction and supervision of the proper school authorities;
C. A governmental agency acting within the scope of its functions; and
D. Spontaneous events occasioned by news or affairs coming into public knowledge within two (2) days of such public assembly, provided that the organizer thereof gives written notice to the Town at least twenty-four (24) hours prior to such parade or public assembly.
(02-07, Added, 03/20/2002)
10-12-4 Application
A. A person seeking a parade or general assembly permit shall file an application with the Chief of Police on forms provided by such officer and the application shall be signed by the applicant under oath.
B. For single, non-recurring parades or public assemblies, an application for a permit shall be filed with the Chief of Police at least ten (10) days and not more than one hundred eighty (180) days before the parade or public assembly is proposed to commence. The Chief of Police may waive the minimum ten (10) day filing period and accept an application filed within a shorter period if, after due consideration of the date, time, place and nature of the parade or public assembly, the anticipated number of participants, and the Town services required in connection with the event, the Chief of Police determines that the waiver will not present a hazard to public safety.
C. For parades or public assemblies held on a regular or recurring basis at the same location, an application for a permit covering all such parades or assemblies during that calendar year may be filed with the Chief of Police at least sixty (60) days and not more than one hundred eighty (180) days before the date and time at which the first such parade or public assembly is proposed to commence. The Chief of Police may waive the minimum sixty (60) day period after due consideration of the factors specified in subsection B above.
D. The application for parade or public assembly permit shall set forth the following information:
1. The name, addresses and telephone number of the person seeking to conduct such a parade or public assembly;
2. The names, addresses and telephone numbers of the headquarters of the organization for which the parade or public assembly is to be conducted, if any, and the authorized and responsible heads of the organization;
3. The requested date of the parade or public assembly;
4. The route to be traveled, including the starting point and the termination point;
5. The appropriate number of persons who, and animals and vehicles which will constitute such parade or public assembly and the type of animals and description of the vehicles;
6. The hours when such parade or public assembly will start and terminate;
7. A statement as to whether the parade or public assembly will occupy all or only a portion of the width of the streets proposed to be traversed;
8. The location by street of an assembly area for such parade or public assembly;
9. The time at which unites the parade or public assembly will begin to assemble at any such area;
10. The intervals of space to be maintained between units of such parade or public assembly;
11. If the parade or or public assembly is designed to be held by, or on behalf of, any person other than the applicant, the applicant for such permit shall file a letter from that person with the Chief of Police authorizing the applicant to apply for the permit on his behalf;
12. The type of public assembly, including a description of activities planned during the event;
13. A description of any recording equipment, sound amplification equipment, banners, signs or other attention-getting devices to be used in connection with the parade or public assembly;
14. The approximate number of participants (spectators are by definition not participants);
15. The approximate number of spectators;
16. A designation of any public facilities or equipment to be utilized; and
17. Any additional facts that the Chief of Police finds reasonably necessary to a fair determination as to whether a permit should be issued.
(02-07, Added, 03/20/2002)
10-12-5 Fees
A. A non-refundable fee of twenty dollars ($20.00) to cover administrative costs of processing the permit shall be paid to the Town of Oro Valley by the applicant when the application is filed.
B. If the application is for the use of any Town property or if any Town services shall be required for the parade or public assembly, the applicant shall pay, prior to the issuance of a permit, the charges for those services in accordance with a schedule of service costs approved by the Town Council by resolution.
(02-07, Added, 03/20/2002)
10-12-6 Police Protection
A. The Chief of Police shall determine whether and to what extent additional police protection is reasonably necessary for the parade or public assembly for traffic control and public safety. The Chief of Police shall base this decision on the size, location, duration, time and date of the event, the expected sale or service of alcoholic beverages, the number of streets and intersections blocked, and the need to detour or preempt citizen travel and use of the street and sidewalks. The speech content of the event shall not be a factor in determining the amount of police protection necessary. If possible, without disruption of ordinary police services or compromise of public safety, regularly scheduled on-duty personnel will police the event. If the Chief of Police deems additional police protection for the public assembly necessary, he shall so inform the applicant for the permit. The applicant then shall have the duty to secure the police protection deemed necessary by the Chief of Police at the sole expense of the applicant.
B. Persons engaging in parades or public assemblies conducted for the sole purpose of public issue speech protected under the First Amendment are not required to pay for any police protection provided by the Town.
(02-07, Added, 03/20/2002)
10-12-7 Standards for Issuance
A. The Chief of Police shall issue a permit as provided herein when, from a consideration of the application and from such other information as may otherwise be obtained, he finds that:
1. The conduct of the parade or public assembly will not substantially interrupt the safe and orderly movement of other pedestrian or vehicular traffic contiguous to its route or location;
2. The conduct of the parade of public assembly will not require the diversion of so great a number of Town police officers to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection of the Town;
3. The concentration of persons, animals, and vehicles at public assembly points of the parade or public assembly will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such public assembly area.
4. The conduct of the parade or public assembly is not reasonably likely to cause injury to persons or property;
5. The parade or public assembly is scheduled to move from its point of origin to its point of termination expeditiously and without reasonable delays en route.
6. Adequate sanitation and other required health facilities are or will be made available in or adjacent to any public assembly areas;
7. There are sufficient parking places near the site of the parade or public assembly to accommodate the number of vehicles reasonably expected;
8. The applicant has secured the police protection, if any, required under Section 10-12-6.
9. Such parade or public assembly is not for the primary purpose of advertising any product, goods or event that is primarily for private profit, and the parade itself is not primarily for profit. The prohibition against advertising any product, goods or event shall not apply to signs identifying organizations or sponsors furnishing or sponsoring exhibits or structures used in the parade.
10. No parade or public assembly permit application for the same time and location is already granted or has been received and will be granted.
11. No parade or public assembly permit application for the same time but location is already granted or has been received and will be granted, and the police resources required for that prior parade or public assembly are so great that in combination with the subsequent proposed application, the resulting deploying of police services would have an immediate and adverse effect upon the welfare and safety of persons and property; and
12. No event is scheduled elsewhere in the Town where the police resources required for that event are so great that the deployment of police services for the proposed parade or public assembly would have an immediate and adverse effect upon the welfare and safety of persons and property.
B. No permit shall be granted that allows for the erection or placement of any structure, whether permanent or temporary, on a Town street, sidewalk, or right-of-way unless advance approval for the erection or placement of the structure is obtained from the Town Council.
(02-07, Added, 03/20/2002)
10-12-8 Non-Discrimination
The Chief of Police shall uniformly consider each application upon its merits and shall not discriminate in granting or denying permits under this Code based upon political, religious, ethnic, race, disability, sexual orientation or gender related grounds.
(02-07, Added, 03/20/2002)
10-12-9 Notice of Denial of Application
The Chief of Police shall act promptly upon a timely filed application for a parade or public assembly permit but in no event shall grant or deny a permit less than forty-eight (48) hours prior to the event. If the Chief of Police disapproves the application, he shall notify the applicant either by personal delivery or certified mail at least forty-eight (48) hours prior to the event of his action and state the reasons for denial.
(02-07, Added, 03/20/2002)
10-12-10 Alternative Permit
A. The Chief of Police, in denying an application for a parade or public assembly permit, may authorize the conduct of the parade or public assembly at a date, time, location, or route different from that named by the applicant. An applicant desiring to accept an alternate permit shall, within five (5) days after notice of the action of the Chief of Police, file a written notice of acceptance with the Chief of Police.
B. An alternate parade or public assembly permit shall conform to the requirements of, and shall have the effect of, a parade or public assembly permit issued under this Code.
(02-07, Added, 03/20/2002)
10-12-11 Appeal Procedure
A. Any applicant shall have the right to appeal the denial of a parade or public assembly permit to the Town Council. The denied applicant shall make the appeal within five (5) days after receipt of the denial by filing a written notice with the Chief of Police and a copy of the notice with the Town Clerk. The Town Council shall act upon the appeal at the next scheduled meeting following receipt of the notice of appeal.
B. In the event that the Town Council rejects an applicant’s appeal, the applicant may file an immediate request for review with a court of competent jurisdiction.
(02-07, Added, 03/20/2002)
10-12-12 Notice to Town and Other Officials
Immediately upon the issuance of a parade or public assembly permit, the Chief of Police shall send a copy thereof to the following:
A. The Mayor and Town Manager;
B. The Town Attorney;
C. The Fire Marshall;
D. The Director of the Department of Public Works;
E. The Postmaster; and
F. The manager or responsible head of each public transportation utility, the regular routes of whose vehicles will be affected by the route of the proposed parade or public assembly.
(02-07, Added, 03/20/2002)
10-12-13 Contents or Permit
Each parade or public assembly permit shall state the following information:
A. Starting and approximate ending time;
B. Minimum speed of parade units;
C. Maximum speed of parade units;
D. Maximum interval of space to be maintained between parade units;
E. The portions of the streets that may be occupied by the parade or public assemly;
F. The maximum length of the parade in miles or fractions thereof; and
G. Such other information as the Chief of Police shall find necessary to the enforcement of this Code.
(02-07, Added, 03/20/2002)
10-12-14 Duties of Permittee
A. A permittee hereunder shall comply with all permit directions and conditions and with all applicable laws and ordinances.
B. The parade or public assembly chairman or other person heading such activity shall carry the parade or public assembly permit upon his person during the conduct of the parade or public assembly.
(02-07, Added, 03/20/2002)
10-12-15 Prohibitions
The following prohibitions shall apply to all parades and public assemblies:
A. It shall be unlawful for any person to stage, present, or conduct any parade or public assembly without first having obtained a permit as herein provided;
B. It shall be unlawful for any person to participate in a parade or public assembly for which the person knows a permit has not been granted;
C. It shall be unlawful for any person in charge of, or responsible for the conduct of, a duly licensed parade or public assembly to knowingly fail to comply with any condition of the permit;
D. It shall be unlawful for any person to engage in any parade or public assembly activity that would constitute a substantial hazard to the public safety or that would materially interfere with or endanger the public peace or rights or residents to the quiet and peaceful enjoyment of their property;
E. It shall be unlawful for any person participating in any parade or public assembly to carry or possess any length of metal, lumber, wood, or similar material for purposes of displaying a sign, poster, plaque or notice, unless such object is one-fourth inches (1/4") or less in thickness and two inches (2") or less in width, or if not generally rectangular in shape, such object shall not exceed three-fourths inches (3/4") in its thickest dimension.
F. It shall be unlawful for any person to carry any sign, poster, plaque, or notice, whether or not mounted on a length of material as specified in subsection E of this Section, unless such sign, poster, plaque, or notice is constructed or made of a cloth, paper, or cardboard material;
G. It shall be unlawful for any person participating in a parade or public assembly to utilize sound amplification equipment at decibel levels that exceed those limits imposed by Town Code Section 10-1-4;
H. It shall be unlawful for any person to ride, drive, or cause to be ridden or driven by any animal or any animal-drawn vehicle upon any public street, unless specifically authorized by the permit.
(02-07, Added, 03/20/2002)
10-12-16 Public Conduct During Parades or Public Assemblies
A. No person shall unreasonably hamper, obstruct or impede, or interfere with any parade or public assembly or with any person, behicle or animal participating or used in a parade or public assembly.
B. No driver of a vehicle shall drive between the vehicles or persons comprising a parade or public assembly when such vehicles or persons are in motion and are conspicuously designated as a parade or public assembly.
C. The Chief of Police shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a street constituting a part of the route of a parade or public assembly. The Chief of Police shall post signs to that effect, and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof. No person shall be liable to parking on a street unposted in violation of this Code.
(02-07, Added, 03/20/2002)
10-12-17 Revocation of Permit
The Chief of Police shall have the authority to revoke a parade or public assembly permit instantly upon violation of the conditions or standards for issuance as set forth in this Code or when a public emergency arises where the police resources required for that emergency are so great that deployment of police services for the parade or public assembly would have an immediate and adverse effect upon the welfare and safety of persons or property.
(02-07, Added, 03/20/2002)
10-12-18 For Penalty Provision; See Section 10-1-23
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