Chapter 12.12 PARADES

“Parade” means any parade, march, race, ceremony, show, festival, performance, exhibition, pageant or procession of any kind, or any similar activity, in or upon any street, park or other public place in the city.

“Parade permit” means a permit as required by this chapter.

“Person” means any person, firm, partnership, association, corporation, company or organization of any kind. (Ord. 379, 1982)

12.12.030 Permit – Required – Exceptions.

A. No person shall engage in, participate in, aid, form or start any parade, unless a parade permit shall have been obtained from the chief of police.

B. Exceptions. This chapter shall not apply to:

1. Funeral processions;

2. Students going to and from school classes or participating in educational activities, providing such conduct is under the immediate direction and supervision of the proper school authorities; and

3. A governmental agency acting within the scope of its functions. (Ord. 379, 1982)

12.12.040 Permit – Application – Generally.

A person seeking issuance of a parade permit shall file an application with the chief of police on forms provided by such officer. (Ord. 379, 1982)

12.12.050 Permit – Application – Filing period.

An application for a parade permit shall be filed with the chief of police not less than nine days nor more than 90 days before the date on which it is proposed to conduct the parade. (Ord. 439, 1984; Ord. 379, 1982)

12.12.060 Permit – Application – Contents.

The application for a parade permit shall set forth the following information:

A. The name, address and telephone number of the person seeking to conduct such parade;

B. If the parade is proposed to be conducted for, on behalf of, or by an organization, the name, address and telephone of the headquarters of the organization, and of the authorized and responsible heads of the organization;

C. The name, address and telephone number of the person who will be the parade chairman and who will be responsible for its conduct;

D. The date when the parade is to be conducted;

E. The route to be traveled, the starting point, and the termination point;

F. The approximate number of persons who, and animals and vehicles which, will constitute such parade; the type of animals, and description of the vehicles;

G. The hours when such parade will start and terminate;

H. A statement as to whether the parade will occupy all or only a portion of the width of the streets purposed to be traversed;

I. The location by streets of any assembly areas for such parade;

J. The time at which units of the parade will begin to assemble at any such assembly area or areas;

K. The interval of space to be maintained between units of such parade;

L. If the parade is designed to be held by, and on behalf of or for, any person other than the applicant, the applicant for such permit shall file with the chief of police a communication in writing from the person proposing to hold the parade, authorizing the applicant to apply for the permit on his behalf;

M. Any additional information which the chief of police shall find reasonably necessary to a fair determination as to whether a permit should issue. (Ord. 379, 1982)

12.12.070 Permit – Late application.

The chief of police, where good cause is shown therefor, shall have the authority to consider any application which is filed less than nine days before the date such parade is proposed to be conducted. (Ord. 439, 1984; Ord. 379, 1982)

12.12.080 Permit – Fee.

A fee, as set by council resolution, shall be paid at the time of filing the application for a parade permit. (Ord. 681, 1994; Ord. 379, 1982)

12.12.090 Responsibility for costs incurred by city.

The permittee shall be responsible for and pay any and all costs incurred by the city in connection with the parade, including, without limitation, the cost of providing extra police protection and the cost of removing debris, litter or papers from any street or other public place deposited thereon as a result of the parade. (Ord. 379, 1982)

12.12.100 Indemnity – Performance deposit.

No parade permit shall be issued until the permittee shall file with the clerk-treasurer of the city a deposit, in cash or by cashier’s check made payable to the order of the city, to pay for any costs reasonably anticipated to be incurred in providing extra police protection, and in removing debris, litter or papers from the street or other material deposited thereon as a result of the parade; provided, that the mayor, in his or her discretion, may, in appropriate cases, make a specific finding that such a deposit is not necessary at the time of the issuance of such permit and waive the requirement. The amount of the deposit shall be determined by the mayor. If the amount of the deposit exceeds the actual costs incurred by the city in connection with the parade, any excess shall be refunded to the permittee. (Ord. 379, 1982)

12.12.110 Permit – Issuance standards.

The chief of police and mayor shall issue a permit as provided for in this chapter when, from a consideration of the application and from such other information as may otherwise be obtained, they find that:

A. The conduct of the parade will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route;

B. The conduct of the parade will not require 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 as to prevent normal police protection to the city;

C. The conduct of such parade will not require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of the city other than that to be occupied by the proposed line of march and areas contiguous thereto;

D. The concentration of persons, animals and vehicles at assembly points of the parade will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such assembly areas;

E. The conduct of such parade will not interfere with the movement of firefighting equipment en route to a fire;

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

G. The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route;

H. The parade is not to be held for the sole purpose of advertising any product, goods or event, and is not designed to be held purely for private profit; and

I. The proposed time, date and route or place of the parade are reasonable, considering the health, safety and general welfare of all persons residing in, working in, or visiting the city. (Ord. 379, 1982)

12.12.120 Permit – Denial.

The chief of police and mayor shall act upon the application for a parade permit within seven days after the filing thereof. If the application is disapproved, the chief of police shall mail to the applicant, within seven days after the date upon which the application was filed, a notice of such action, stating the reasons for the denial of the permit. (Ord. 379, 1982)

12.12.130 Appeal procedure.

Any person aggrieved shall have the right to appeal the denial of a parade permit to the city council. The appeal shall be taken within five days after notice. The city council shall act upon the appeal within 30 days after its receipt. (Ord. 379, 1982)

12.12.140 Alternative permit.

The chief of police and mayor, in denying an application for a parade permit, shall be empowered to authorize the conduct of the parade on a date, at a time, or over a route or place different from that named by the applicant. An applicant desiring to accept an alternate permit shall, within five days after notice of such action, file a written notice of acceptance with the chief of police. An alternate parade permit shall conform to the requirements of, and shall have the effect of, a parade permit under this chapter. (Ord. 379, 1982)

12.12.150 Notice of permit issuance.

Immediately upon the issuance of a parade permit, the chief of police shall send a copy thereof to the following:

A. The city attorney;

B. The fire chief;

C. The public works director;

D. The postmaster;

E. The general manager or responsible head of each public transportation utility whose regular routes or vehicles will be affected by the route or place of the proposed parade. (Ord. 379, 1982)

12.12.160 Permit – Contents.

Each parade permit shall be signed by the mayor and the chief of police, and shall state the following information:

A. Starting time;

B. The portions of the streets to be traversed that may be occupied by the parade;

C. The maximum length of the parade in miles or fractions thereof;

D. Approximate finish time;

E. Such other provisions, conditions, directions or information as the chief of police and mayor shall find necessary to the enforcement of this chapter, including, without limitation, an indemnity agreement between the permittee and the city. (Ord. 379, 1982)

12.12.170 Duties of permittee.

A. A permittee shall comply with all permit directions and conditions and with all applicable laws and ordinances.

B. Possession of Permit. The parade chairman or other person heading or leading such activity shall carry the parade permit upon his person during the conduct of the parade. (Ord. 379, 1982)

12.12.180 Interference prohibited.

No person shall unreasonably hamper, obstruct or impede or interfere with any parade or parade assembly or with any person, vehicle or animal participating or used in a parade. (Ord. 379, 1982)

12.12.190 Driving through parade prohibited.

No driver of a vehicle, streetcar or animal shall drive between vehicles or persons or animals comprising a parade march, race, ceremony, show, exhibition, festival, pageant, performance, procession or display, when such vehicles, persons or animals are conspicuously designated as a parade or other street use for which a permit has been issued. (Ord. 379, 1982)

12.12.200 Parking on parade route.

The chief of police shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along any public street, road or highway, or part thereof, constituting a part of a route of a parade. 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 a street unposted in violation of this chapter. (Ord. 379, 1982)

12.12.210 Permit – Revocation.

The chief of police shall have the authority to revoke a parade permit issued under this chapter upon application of the standards for issuance as set forth in this chapter, or for violation of any condition or direction of such permit. (Ord. 379, 1982)

12.12.220 Violation – Penalty.

Violation of or failure to comply with any of the provisions of this chapter shall be subject to a civil penalty as set forth in Chapter 1.14. When violations are of a continuing nature, the penalty shall increase each day of the violation as set forth in Section 1.14.050(E). (Ord. 832, 2003; Ord. 379, 1982)