Chapter 9.16


9.16.010  Definitions.

9.16.020  Permit and exemption.

9.16.030  Prohibition – Violation – Penalty.

9.16.040  Application for permit.

9.16.050  Issuance of permit.

9.16.060  Denial of permit.

9.16.070  Conditions and alternatives.

9.16.080  Appeals.

9.16.090  Revocation of permit.

9.16.100  Traffic-control costs and cleanup costs.

9.16.110  Costs and indemnity.

9.16.120  Permit content and possession.

9.16.130  Conduct of permittee.

9.16.140  Interference.

9.16.150  Severability.

9.16.010 Definitions.

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

B. “Parade” means any march, demonstration, procession, motorcade, ceremony, exhibition, or pageant of any kind, consisting of persons, animals, or vehicles, or a combination thereof having a common purpose, design, destination, or goal upon any public place, which does not comply with normal and usual traffic regulation or control.

C. “Person” means any individual, firm, partnership, association, corporation, company, or organization of any kind.

D. “Spontaneous event” means an unplanned or unannounced coming together of persons, animals or vehicles as described in subsections A and B of this section which is occasioned by or in response to unforeseen circumstances or events coming into public knowledge within three days of the event. Where feasible, organizers of the spontaneous event shall provide police with at least 24 hours’ notice. (Ord. 83-03 § 1, 1983)

9.16.020 Permit and exemption.

A. Permit Required. 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.

B. Exemption. The provisions of this chapter shall not apply to or affect:

1. Funeral processions;

2. Governmental agencies acting within the scope of their authorized functions; or

3. Spontaneous events. (Ord. 83-03 § 1, 1983)

9.16.030 Prohibition – Violation – Penalty.

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. Any person violating the provisions of this section is guilty of a misdemeanor. (Ord. 84-06 § 5, 1984; Ord. 83-03 § 1, 1983)

9.16.040 Application for permit.

A. Processing Fee. Each application for a permit to conduct a parade or assembly shall be accompanied by proof that a nonrefundable fee as established by resolution of the city council has been deposited with the city clerk for the purpose of paying the cost of processing the application.

B. Application. Any person desiring to conduct a parade or assembly shall apply to the chief of police for a permit at least 15 days prior to the date of the proposed parade or assembly. The police chief may, for good cause shown, consider any application for a permit to conduct a parade or assembly which is filed less than 15 days prior to the date such parade or assembly is to be conducted. The application for a permit shall be on a form provided by the police chief, shall be verified, and shall contain the following information:

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

2. The name, address and telephone number of the headquarters of any organization or group the applicant is representing, and the name of the responsible officer of such organization or group;

3. The name, address and telephone number of the parade or assembly chairperson, or the person otherwise responsible for the conduct of the parade or assembly;

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

5. The date and time, starting and ending, when the parade or assembly is to be held;

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

7. If an assembly, the location at which the assembly is to be held;

8. The approximate number of persons, animals, and vehicles taking part in the parade or assembly, including the type of animals and a description of the vehicles;

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

10. If a parade, whether the parade will occupy all or only one-half of the width of the streets proposed to be traversed;

11. If a parade, the maximum length of the components of the parade;

12. Such additional information as the police chief shall deem reasonably necessary to determine whether or not the permit shall issued under the standards set forth in HMC 9.16.050. (Ord. 83-03 § 1, 1983)

9.16.050 Issuance of permit.

The police chief shall issue a permit for a parade or assembly upon a finding that:

A. The time, duration, route, and size of the parade or assembly will not substantially interrupt the safe and orderly movement of traffic in the area;

B. The conduct of the parade or assembly will not require the diversion of so great a number of police or fire personnel of the city as to impair the normal protection of the city;

C. The concentration of persons, animals and vehicles in the parade or assembly will not unreasonably interfere with proper fire and police protection, or ambulance service to areas in the vicinity of the parade or assembly, the assembly area, or other areas of the city;

D. The temporary closing of streets, parks or sidewalks to public access of traffic necessitated by the parade or assembly will not unreasonably inconvenience persons or adjacent business establishments who would normally make use of such places;

E. The applicant has provided for the services of monitors sufficient to control the orderly conduct of the parade or assembly in conformity with the permit;

F. The conduct of the parade or assembly is not reasonably likely to cause injury to persons or property, provoke disorderly conduct or create a disturbance;

G. The parade will move from its assembly area to its disbanding area expeditiously without stopping en route except when reasonably required for the safe and orderly conduct of the parade;

H. The permittee has provided reasonable means for informing all the persons participating in the parade or assembly of the terms and conditions of the permit;

I. The applicant will provide and assure adequate cleanup of litter and/or debris resulting from the parade or assembly;

J. The parade or assembly will not interfere with another parade or assembly for which a permit has been granted. (Ord. 83-03 § 1, 1983)

9.16.060 Denial of permit.

A. Denial. The police chief shall deny an application for a parade or assembly permit and notify the applicant of such denial where:

1. The police chief makes any findings contrary to the findings required to be made for the issuance of a permit;

2. The information contained in the application is found to be false in any material detail.

B. Action and Notice. The police chief shall act upon any application for permit received under this chapter within 72 hours after the filing thereof. If the police chief finds that the permit should not be issued, he shall notify the applicant in writing of the denial of the permit, and the specific reason or reasons therefor. Notice shall be delivered by personal service or by registered mail.

The police chief shall uniformly consider each application upon its facts and shall not discriminate in the granting or denial of applications upon political or religious grounds or reasons. (Ord. 83-03 § 1, 1983)

9.16.070 Conditions and alternatives.

A. Conditions. The police chief, upon issuance of the permit, shall impose such reasonable conditions as he may deem necessary to protect the health, welfare and safety of the community and the participants in such parade or assembly.

B. Alternatives. Where an application, as submitted, is denied or revoked for any reason, the police chief shall notify the applicant at least five days in advance of the scheduled assembly or parade, if feasible, of alternate times, places, manner, or duration for the conduct of the parade or assembly. (Ord. 83-03 § 1, 1983)

9.16.080 Appeals.

The granting or denial of a permit by the police chief, pursuant to this chapter, may be appealed to the city council by the applicant, permittee, or any person affected thereby. Such appeal shall be in writing and shall be filed with the city clerk within 24 hours of the decision of the police chief. The city council shall act upon the appeal within three days of filing. If a regular city council meeting is not scheduled within three days after filing of the appeal, the mayor shall call a special city council meeting to consider the appeal. (Ord. 83-03 § 1, 1983)

9.16.090 Revocation of permit.

The police chief may revoke a parade or assembly permit issued pursuant to this chapter if he finds that any term, condition, restriction or limitation of such permit has been violated, or if he finds that as a result of changed circumstances any one or more of the standards specified in HMC 9.16.050 has not been satisfied. Notice of such action revoking a permit shall be delivered in writing to the permittee by personal service or by registered mail. Appeal to the city council from any such revocation may be taken as specified in HMC 9.16.080. (Ord. 83-03 § 1, 1983)

9.16.100 Traffic-control costs and cleanup costs.

A. Traffic-Control Costs. The police chief shall make a reasonable estimate of cost of providing traffic control, other than that necessary to preserve the public peace, for the parade or assembly and the applicant shall deposit said amount with the city clerk. Upon completion of the parade or assembly the police chief shall calculate the actual cost of providing such traffic control. If the payment made to the city clerk exceeded the actual cost, the city clerk shall make the appropriate refund. If the payment made was less than the actual cost, the applicant shall make the appropriate additional payment within seven days of being so notified.

B. Cleanup Costs. All cleanup costs incurred by the city that are directly attributable to the parade or assembly shall be paid for by the applicant. The applicant shall make such payment within seven days of being so notified. (Ord. 83-03 § 1, 1983)

9.16.110 Costs and indemnity.

Prior to the issuance of any permit under this chapter, the police chief shall require the applicant and any other persons, organizations, firms or corporation on whose behalf the application is made, by filing such application to represent, stipulate, contract and agree that they will jointly and severally indemnify and hold the city and its officers and employees harmless against liability for any and all claims for damage to property, or injury to, or death of persons arising out of or resulting from the issuance of the permit or the conduct of the parade or its participants. (Ord. 83-03 § 1, 1983)

9.16.120 Permit content and possession.

Any parade or assembly permit issued shall contain the information given in the application along with any restrictive conditions imposed by the police chief in the interest of public safety, health, or welfare. The permit shall be carried by the person heading or leading the parade who shall show it, upon demand, to any member of the police department. (Ord. 83-03 § 1, 1983)

9.16.130 Conduct of permittee.

Each permittee shall comply with all terms, conditions, and provisions of the parade or assembly permit and with all applicable laws of the state and the city. Willful violation of any term, condition, or provision of the parade or assembly permit by the permittee or any participant in the parade or assembly is a violation of this chapter. (Ord. 83-03 § 1, 1983)

9.16.140 Interference.

No person shall knowingly join or participate in any parade conducted under permit from the police chief in violation of any of the terms of the permit, nor knowingly join or participate in any permitted parade or assembly without the consent and over the objection of the permittee, nor in any manner interfere with its progress or orderly conduct. (Ord. 83-03 § 1, 1983)

9.16.150 Severability.

If any section, subsection, sentence, clause, phrase, or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions would be declared invalid or unconstitutional. (Ord. 83-03 § 1, 1983)