Title IX GENERAL REGULATIONS
Chapter 99 PARADES, MOTORCADES AND EVENTS
99.01 Definitions.
99.02 Permits required.
99.03 Parade or motorcade for commercial purpose prohibited.
99.04 Interference with parade or motorcade prohibited.
99.05 Permit application.
99.06 Issuance or denial of a parade or motorcade permit.
99.07 Issuance or denial of an event permit.
99.08 Contents of parade or motorcade permit.
99.09 Contents of event permit.
99.10 Appeal procedure.
99.11 Officials to be notified upon issuance of permit.
99.12 Revocation of permit.
99.99 Penalty.
99.01 Definitions.
For the purpose of this chapter the following definitions shall apply
unless the context clearly indicates or requires a different
meaning.
“Event.” Any activity on any public, semi-public, or
private property where general public is invited, where more than 50 persons are
reasonably expected to attend, and where the need for additional security,
traffic control, or crowd control (in addition to the routine police coverage)
can or should be reasonably anticipated to insure public
safety.
“Motorcade.” An organized procession containing 25 or
more vehicles, except funeral processions, upon any public street, sidewalk, or
alley.
“Parade.” Any march or procession consisting of people,
animals, or vehicles, or combination thereof, except funeral processions, upon
any public street, sidewalk, or alley, which does not comply with normal and
usual traffic regulations or controls. (Ord. 965, passed 1-21-86)
99.02 Permits required.
(A) It shall be unlawful for any person, partnership, association,
corporation, or their officers, agents, and employees to conduct a parade or
motorcade in or upon any public street, sidewalk, or alley in the city or
knowingly participate in any such parade or motorcade unless and until a permit
to conduct such parade or motorcade has been obtained from the chief of police,
or, as hereinafter provided, from the city council.
(B) It shall be unlawful
for any person, partnership, association, or corporation, their officers,
agents, and employees to set up, hold, or promote an event in the city unless
and until a permit to conduct such has been obtained from the chief of police,
or as hereinafter provided, from the city council. (Ord. 965, passed 1-21-86)
Penalty, see Section 99.99
99.03 Parade or motorcade for commercial purpose prohibited.
No permit shall be issued authorizing the conduct of a parade or motorcade
which the chief of police finds is proposed to be held for the sole purpose of
advertising any product, goods, wares, merchandise, or event, and is designed to
be held purely for private profit. (Ord. 965, passed 1-21-86) Penalty, see
Section 99.99
99.04 Interference with parade or motorcade prohibited.
No person shall knowingly join or participate in any parade or motorcade
conducted under permit from the chief of police in violation of any of the terms
of said permit, nor knowingly join or participate in any permitted parade or
motorcade without the consent and over the objection of the permittee, nor in
any manner interfere with its progress or orderly conduct. (Ord. 965, passed
1-21-86) Penalty, see Section 99.99
99.05 Permit application.
Any person or organization who wants to conduct a parade, motorcade, or
event shall apply to the chief of police for a permit at least 45 days in
advance of the date of the proposed parade, motorcade, or event. The chief of
police may in his discretion consider any application for a permit to conduct a
parade, motorcade, or event which is filed less than 45 days prior to the date
such parade, motorcade, or event is to be conducted. The application for such
permit shall be made in writing on a form approved by the chief of police. In
order that adequate arrangements may be made for the proper policing of the
parade, motorcade, or event, the application shall contain the following
information:
(A) The name of the applicant, the sponsoring organization, the
parade, motorcade, or event chairman and the addresses and telephone numbers of
each.
(B) The purpose of the parade, motorcade, or event, the date when it
is proposed to be conducted, the location of the event or assembly area, the
location of the disbanding area, route to be traveled or the boundaries of the
event, and the approximate time when the parade, motorcade, or event will
assemble, start, and terminate.
(C) A description of the individual floats,
marching units, vehicles, bands, including a description of any sound
amplification equipment to be used.
(D) Such other information as the chief
of police may deem reasonably necessary.
(E) That the applicant for an event
permit will agree to pay to the city prior to the issuance of such permit, all
expenses of security, traffic control, or crowd control (in excess of the
routine police coverage), which expenses shall be determined by the chief of
police.
(F) If the application is for an event as herein defined, and the
applicant holds an alcoholic liquor license, if the event is to be held on
premises licensed to sell alcoholic liquor, or if any alcoholic liquor is to be
sold, dispensed or given away at the event, then the application shall be
forwarded by the police chief (with his recommendation and estimate of the
expenses to be paid as provided in subsection (E) hereof) to the city council
for further action and consideration. (Ord. 1018, passed 9-15-87; Am. Ord. 965,
passed 1-21-86) Penalty, see Section 99.99
99.06 Issuance or denial of a parade or motorcade permit.
(A) Standards for issuance. The chief of police shall issue a parade or
motorcade permit conditioned upon the applicant’s written agreement to
comply with the terms of such permit unless the chief of police finds
that:
(1) The time, route, and size of the parade or motorcade will disrupt
to an unreasonable extent the movement of other traffic; or that permission to
use, close, or alter the traffic flow on any state highway is not permitted by
the State Department of Transportation.
(2) The parade or motorcade is of a
size or nature that requires 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 that allowing the parade or motorcade would deny reasonable
police protection to the city.
(3) The parade or motorcade will interfere
with another parade or motorcade for which a permit has been
issued.
(B) Standards for denial. The chief of police shall deny an
application for a parade or motorcade permit and notify the applicant of such
denial where:
(1) The chief of police makes any finding 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 or nonexistent in
any material detail.
(3) The applicant refuses to agree to abide by or
comply with all conditions of the permit. (Ord. 956, passed 1-21-86)
99.07 Issuance or denial of an event permit.
(A) Standards for issuance. The chief of police shall issue an event
permit conditioned upon the applicant’s written agreement to comply with
the terms of such permit unless the chief of police finds that:
(1) The
applicant has failed to pay all expenses of security, traffic control, or crowd
control (in excess of the routine police coverage) to the city prior to the
issuance of the permit (which expenses shall be determined by the chief of
police); or
(2) Such event will interfere with another event for which a
permit has been issued; or
(3) The event would attract the general public in
such numbers that he cannot reasonably insure police protection to the city or
crowd control, traffic control, or security for the event based on his available
manpower.
(B) Standards for denial. The chief of police shall deny any
application for an event permit and notify the applicant of such denial
where:
(1) The chief of police makes any finding 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 or nonexistent in any material
detail;
(3) The applicant refuses to agree to abide by or comply with all
conditions of the permit.
(C) Any provision to the contrary notwithstanding,
the chief of police shall not issue an event permit where subsection (F) of
Section 99.05 applies, but in that event only the city council shall issue an
event permit or deny an event permit based on the standards set forth in
subparagraphs (A) and (B) of this Section 99.07. The council shall consider such
event permit at its next regular meeting. (Ord. 1018, passed 9-15-87; Am. Ord.
965, passed 1-21-86)
99.08 Contents of parade or motorcade permit.
(A) In each permit the chief of police shall specify:
(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) That permittee
advises 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
the parade or motorcade;
(13) That the parade or motorcade continue to move
at a fixed rate of speed and that any willful delay or willful 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;
(14) 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 so far as reasonably
practicable. (Ord. 965, passed 1-21-86)
99.09 Contents of event permit.
In each permit for an event the chief of police or the city council when
the council issues the permit, shall specify:
(A) The place where the event
is to take place with definite boundaries therefor;
(B) The date of the
event, the starting time, and completion time thereof;
(C) That the event
has any required local, county, or state permits that may be required (in
addition to the event permit provided in this chapter);
(D) Such other
requirements as are found by the chief of police to be reasonably necessary for
the protection of persons or property. In cases where the city council is
required to issue the permit, the council may also specify such other
requirements as the council finds to be reasonably necessary for the protection
of persons or property. (Ord. 1018, passed 9-15-87; Am. Ord. 965, passed
1-21-86)
99.10 Appeal procedure.
(A) Upon a denial by the chief of police of an application made pursuant
to Section 99.05, the applicant may appeal from the determination of the chief
of police within five days thereafter to the city council by filing a written
notice of appeal for hearing by the city council at its next meeting. Upon such
appeal, the city council may reverse, affirm, or modify in any regard the
determination of the chief of police.
(B) In the event an application is not
filed within the required time, as specified in Section 99.05, the applicant may
request a waiver of such requirement by the city council at its next regular
meeting, or at a special meeting which may be called prior thereto by the city
council to consider such matter, and the city council, if it finds unusual
circumstances and in the exercise of its sound discretion, may waive the
requirement.
(C) All conditions of the permit shall be complied with so far
as reasonably practicable. (Ord. 965, passed 1-21-86) Penalty, see Section
99.99
99.11 Officials to be notified upon issuance of permit.
Immediately upon the granting of a permit for a parade, motorcade, or
event, the chief of police shall send a copy thereof to the
following:
(A) The mayor.
(B) The city administrator.
(C) The city
clerk.
(D) The fire chief.
(E) The superintendent of public
works.
(Ord. 965, passed 1-21-86; Am. Ord. 1564, passed 7-15-03)
99.12 Revocation of permit.
Any permit for a parade, motorcade, or event issued pursuant to this
chapter may be summarily revoked by the chief of police at any time when by
reason of disaster, public calamity, riot, or other emergency, the chief of
police determines that the safety of the public or property requires such
revocation. Written or oral notice of such action revoking a permit shall be
delivered to the permittee or his agent, if they are available or can be
contacted by phone or other method of communication. The city council may in a
like manner also revoke an event permit where it has issued the event permit.
(Ord. 1018, passed 9-15-87; Am. Ord. 965, passed 1-21-86)
99.99 Penalty.
Any person, firm or corporation violating any provision in this title, for
which another penalty is not provided, shall for a first conviction be fined not
less than $25 nor more than $750, for a second conviction within one year
thereafter, the person, firm or corporation shall be fined not less than $100
nor more than $750 and for a third or subsequent conviction within one year
after the first conviction, the person, firm or corporation shall be fined not
less than $250 nor more than $750. A separate offense shall be deemed committed
on each day during or which a violation occurs or continues. (Ord. 965, passed
1-21-86; Ord. 1574, passed 7-15-03)
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