Chapter 10.40


10.40.010    Definitions.

10.40.020    Permit required.

10.40.030    Application.

10.40.040    Standards for issuance.

10.40.050    Notice of rejection.

10.40.060    Appeal procedure.

10.40.070    Alternative permit.

10.40.080    Notice to Town and other officials.

10.40.090    Contents of permit.

10.40.100    Duties of applicant.

10.40.110    Possession of permit.

10.40.120    Public conduct during parades.

10.40.130    Revocation of permit.

10.40.140    Permit cancellation.

10.40.010 Definitions.

“Chief of Police” is the Chief of Police of the Town of East Troy, Wisconsin.

“Parade” is any parade, march, ceremony, show, exhibition, pageant, or procession of any kind, or any similar display, in or upon any street, park, or other public place in the Town.

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

“Person” is any person, firm, partnership, association, corporation, company, or organization of any kind.

“Town” is the Town of East Troy, Wisconsin. (2008 code § 6.10(1))

10.40.020 Permit required.

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. 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;

3.    A governmental agency acting within the scope of its functions. (2008 code § 6.10(2))

10.40.030 Application.

A person seeking issuance of a parade permit shall file an application with the Chief of Police on forms provided by such officer.

1.    Filing Period. An application for a parade permit shall be filed with the Chief of Police not less than two days nor more than 90 days before the date on which it is proposed to conduct the parade.

2.    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 number of the headquarters of the organization, and of the authorized and responsible heads of such 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; and the type of animals and description of 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 proposed to be traveled;

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 determination as to whether a permit should be issued.

3.    Late Application. The Chief of Police, where good cause is shown therefor, shall have the authority to consider any application hereunder which is filed less than two days before the date such parade is proposed to be conducted.

4.    Fee. There shall be no fee for any permit under this chapter. (Ord. 2010-9 § 3. 2008 code § 6.10(3))

10.40.040 Standards for issuance.

The Chief of Police shall issue a permit as provided for hereunder when, from a consideration of the application and from such other information may otherwise be obtained, he finds that:

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

2.    The conduct of the parade will not require the diversion of so great a number of police officers of the Town of East Troy, Wisconsin, to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection to the Town of East Troy, Wisconsin;

3.    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 Town of East Troy, Wisconsin, other than that to be occupied by the proposed line of march and areas contiguous thereto;

4.    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;

5.    The conduct of such parade will not interfere with the movement of fire-fighting equipment en route to a fire;

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

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

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

9.    The sponsor submits a properly executed hold harmless and indemnity agreement running to the Town. (2008 code § 6.10(4))

10.40.050 Notice of rejection.

The Chief of Police shall act upon the application for a parade permit within 24 hours after the filing thereof. If the Chief of Police disapproves the application, he shall give notice of such decision to the applicant by certified mail and shall state the reasons for disapproval. Notice shall be deemed given when mailed and mailing shall occur within 24 hours of receipt of the application. (2008 code § 6.10(5))

10.40.060 Appeal procedure.

Any person aggrieved shall have the right to appeal the denial of a parade permit to the Town Board. The appeal shall be taken within 14 days after notice. The Town Board shall act upon the appeal within 30 days after its receipt. (2008 code § 6.10(6))

10.40.070 Alternative permit.

The Chief of Police, 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 different from that named by the applicant. An applicant desiring to accept an alternative permit shall, within seven days after notice of the action of the Chief of Police, file a written notice of acceptance with the Chief of Police. An alternative parade permit shall conform to the requirements of, and shall have the effect of, a parade permit under this chapter. (2008 code § 6.10(7))

10.40.080 Notice to Town and other officials.

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

1.    The Town Chairman;

2.    The Town Attorney;

3.    The Fire Chief;

4.    The Postmaster. (2008 code § 6.10(8))

10.40.090 Contents of permit.

Each parade permit shall state the following information:

1.    Starting time;

2.    Minimum speed;

3.    Maximum speed;

4.    Maximum interval of space to be maintained between the units of the parade;

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

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

7.    Such other information as the Chief of Police shall find necessary to the enforcement of this chapter. (2008 code § 6.10(9))

10.40.100 Duties of applicant.

An applicant hereunder shall comply with all permit directions and conditions and with all applicable laws and ordinances. (2008 code § 6.10(10))

10.40.110 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. (2008 code § 6.10(11))

10.40.120 Public conduct during parades.

1.    Interference. 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.

2.    Driving Through Parades. No driver of a vehicle shall drive between the vehicles or persons comprising a parade when such vehicles or persons are in motion and are conspicuously designated as a parade.

3.    Parking on Parade Route. The Chief of Police shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a highway or part thereof constituting a part of the 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. (2008 code § 6.10(12))

10.40.130 Revocation of permit.

The Chief of Police and the Town Board may, at any time after giving the applicant notice and an opportunity to be heard, revoke any permit granted under the provisions of this chapter for the violation of any of the rules, regulation, ordinances, or laws governing or applying to parades or for the protection of the public health, safety, morals, or general welfare. Notice of such hearing and the reasons therefor, in writing, shall be served by the Town Board upon the applicant by mailing the same by way of certified mail to the address given in the application. (2008 code § 6.10(13))

10.40.140 Permit cancellation.

If, after issuing a permit, an emergency arises which may threaten the health, comfort, or safety of the general public or of the participants of the parade, the Town Chairman, Chief of Police, or their designee may cancel the permit forthwith and prohibit the proposed parade. (2008 code § 6.10(14))