Chapter 10.44
PARADES
Sections:
10.44.030 Permit – Application – Fee – Information required.
10.44.040 Permit – Application – Time of filing.
10.44.050 Permit – Standards for issuance.
10.44.060 Permit – Notification of denial by city manager.
10.44.070 Permit – Appeal of denial.
10.44.080 Permit – Contents – Compliance with conditions required.
10.44.090 Permit – Revocation – Appeal.
10.44.100 Persons not to obstruct street.
10.44.010 Definition.
As used in this chapter, “parade” means any parade, march, ceremony, exhibition, pageant, procession, demonstration, or assembly of any kind, or any similar display, in or upon any public street. (Ord. 417 § 2, 1972; prior code § 9-108(a))
10.44.020 Permit – Required.
No person shall engage in, participate in, aid, form, or start any parade unless a permit to do so has been obtained from the city manager, and unless such permit is carried by the person heading or leading such activity; provided, however, that the provisions of this chapter shall not apply to funeral processions, nor to students of schools going to and from classes or when constituting a part of their educational activities and under the immediate direction and supervision of the proper school authorities, nor to any governmental agency within the scope of its functions. (Ord. 417 § 2, 1972; prior code § 9-108(a))
10.44.030 Permit – Application – Fee – Information required.
Any person seeking issuance of a parade permit shall file an application, accompanied by a nonreturnable fee of thirty-five dollars, with the city manager on forms to be provided by said official, and setting forth the following information:
A. The name, address and telephone number of the person seeking to conduct the parade;
B. If to be held by an organization, the name, address and telephone number of the headquarters of same, and of the officers of the organization;
C. The name, address, and telephone number of the parade chairman, or the person otherwise responsible for its conduct;
D. The date on which the parade is to be held;
E. The parade route to be followed, including the starting and termination points;
F. The approximate number of persons and/or animals and vehicles, and the kinds and type thereof, who will take part in the parade;
G. The approximate hours at which the parade will start and terminate;
H. The location of streets of any assembly areas for the parade;
I. The maximum length of the components of the parade in miles, or fractions thereof;
J. Such additional information as the city manager shall deem reasonably necessary in determining whether or not the permit shall issue, under the standards set forth in SMC 10.44.050. (Ord. 417 § 2, 1972; prior code § 9-108(b))
10.44.040 Permit – Application – Time of filing.
An application for a parade permit shall be filed with the city manager not less than thirty days before the date on which it is proposed to conduct the parade. However, where good cause is shown, the city manager shall have the authority to consider an application under this chapter which has been filed less than ten days before the parade date. (Ord. 1044 § 2 (Att. A), 2017; Ord. 417 § 2, 1972; prior code § 9-108(c))
10.44.050 Permit – Standards for issuance.
The city manager shall issue the parade permit upon a finding that:
A. The conduct of the parade will not substantially interrupt the safe and orderly movement of traffic in the area of its route;
B. The conduct of the parade is not reasonably likely to cause injury to persons or property, provoke disorderly conduct or create a disturbance;
C. The conduct of the parade will not require the diversion of so great a number of police officers of the city as to prevent the normal police protection thereof; in the event that the anticipated crowds at the parade will reasonably require the use of extra police officers and/or firemen, the cost of hiring such persons shall be at the expense of the person or group applying for the permit. Payment shall be at the established rate of pay and a deposit covering such expenses shall be deposited with the city not less than three days prior to the parade or assembly;
D. The concentration of persons and/or animals and vehicles in the parade will not unreasonably interfere with proper fire and police protection of areas in the vicinity of the parade, its assembly areas, or other areas of the city;
E. The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route;
F. The parade is not to be held for the principal purpose of advertising any product, goods, or event, and is not designed to be held principally for private profit. (Ord. 1044 § 2, 2017; Ord. 417 § 2, 1972; prior code § 9-108(d))
10.44.060 Permit – Notification of denial by city manager.
The city manager shall act upon the application for a parade permit within five days after the filing thereof. If the city manager disapproves of the application, he shall mail to the applicant, within fifteen days after the date on which the application was filed, a notice of his action, stating the reason for his denial of the permit. (Ord. 1044 § 2 (Att. A), 2017; Ord. 417 § 2, 1972; prior code § 9-108(e))
10.44.070 Permit – Appeal of denial.
Any person aggrieved by such action of the city manager shall have the right to appeal to the city council by filing with the city clerk, within five days from and after the date of denial, a written notice of appeal which shall set forth the grounds for such appeal. The city council shall act on such appeal as expeditiously as possible. (Ord. 417 § 2, 1972; prior code § 9-108(f))
10.44.080 Permit – Contents – Compliance with conditions required.
A. Each permit shall specify the following:
1. The assembly area and time therefor;
2. The starting time;
3. The minimum and maximum speeds;
4. The route of the parade or motorcade;
5. What portions of streets to be traversed may be occupied by such parade or motorcade;
6. The maximum number of platoons or units and the maximum and minimum intervals of space to be maintained between the units of such parade or motorcade;
7. The maximum length of such parade or motorcade in miles, or fractions thereof;
8. The disbanding area, and disbanding time;
9. The number of persons required to monitor the parade or motorcade;
10. The number and type of vehicles, if any;
11. The material and maximum size of any sign, banner, placard or carrying device therefor;
12. The materials used in the construction of floats used in the parade shall be of fire-retardant materials and shall be subject to such requirements concerning fire safety as may be determined by the fire chief;
13. That the permittee advise all participants in the parade or motorcade either orally or by written notice of the terms and conditions of the permit, prior to the commencement of such parade or motorcade;
14. That the amplification of sound permitted to be emitted from sound trucks, or bull horns, be fixed and not variable;
15. That the parade or motorcade continue to move at a fixed rate of speed and that any wilful delay or wilful stopping of the parade or motorcade, except when reasonably required for the safe and orderly conduct of the parade or motorcade, shall constitute a violation of the permit; and
16. Such other requirements as are found by the chief of police to be reasonably necessary for the protection of persons or property.
B. All conditions of the permit shall be complied with as far as reasonably practicable. (Ord. 417 § 2, 1972; prior ode § 9-108(g))
10.44.090 Permit – Revocation – Appeal.
The city manager shall have the authority to revoke a parade permit issued under this chapter in the event that he finds and determines that any term, condition, restriction or limitation of such permit has been violated or is being violated, or if he should find that, due to changed circumstances, any one or more of the standards specified in SMC 10.44.050 has not been satisfied. Appeal to the city council from any such revocation may be taken as specified in SMC 10.44.070. (Ord. 417 § 2, 1972; prior code § 9-108(h))
10.44.100 Persons not to obstruct street.
It is unlawful for any person to obstruct the free use of any street or sidewalk, except as provided for in this chapter. (Ord. 417 § 3, 1972; prior code § 9-109)