Chapter 12.40
PARADES
Sections:
12.40.030 Filing and contents of application for permit.
12.40.040 Late permit applications.
12.40.050 Action on permit applications.
12.40.060 Denial or revocation of permit.
12.40.070 Alternative times, routes, and sites.
12.40.080 Contents of permit; possession of permit.
12.40.090 Parking regulations.
12.40.100 Building permits for grandstands or other structures.
12.40.110 Officials to be notified of actions on permit.
12.40.120 Conducting or participating in parade without permit.
12.40.130 Violation of permit; interference with parade.
12.40.010 Definition.
Parade shall mean any march, demonstration, or procession for an event consisting of persons, animals, or vehicles, or any combination thereof, upon a public street, sidewalk, or alley, or other public place, which does not comply with normal or usual traffic regulation or control.
(Code 1965, § 4820; Code 2002, § 90-61. Ord. No. 997)
Cross references: Definitions generally, § 1.05.100.
12.40.020 Exceptions.
The word “parade,” as used in this article, shall not apply to any of the following:
(1) A funeral procession;
(2) A governmental agency acting within the scope of its functions;
(3) Students going to and from school classes or participating in educational activities, providing such activity is under the immediate supervision of school authorities authorized by the school district to approve and supervise such activity.
(Code 1965, § 4821; Code 2002, § 90-62. Ord. No. 997)
12.40.030 Filing and contents of application for permit.
(a) Any person desiring to conduct a parade, except as provided in section 12.40.040, shall file an application with the Chief of Police not less than 15 days prior to the proposed assembly time for the parade. Application shall be on forms provided by and available at the Police Department.
(b) Said application shall contain:
(1) The name of the applicant, the sponsoring organization, the parade chairperson, and the addresses and telephone numbers of each; the assembly area, disbanding area, and the route to be traveled; the assembly time, and the starting time;
(2) So far as is reasonably practicable, the anticipated number of parade participants, the disbanding time, the maximum parade length; the total number of bands, sound vehicles, or musical units, if any, with the type and number of members in each unit; the number of animals, if any, and type; the number of floats, if any, with their type, size, and method of moving; and the space between the units and their speed;
(3) The purpose of the parade. This application requirement is intended to allow the Police Chief to anticipate and provide for additional police services, if necessary, to protect the safety of parade participants and bystanders. No denial of a parade permit shall be based on the purpose given for the parade, if such purpose is constitutionally protected;
(4) A statement as to whether a permit has been requested or obtained from any other city within which said parade shall commence, terminate, or occur in part.
(c) If such a parade is designed to be held by and on behalf of or for any organization other than the applicant, the applicant for such permit shall file a communication in writing from such organization, authorizing the applicant to apply for such permit on its behalf.
(Code 1965, § 4822; Code 2002, § 90-63. Ord. No. 997)
12.40.040 Late permit applications.
(a) Any application received less than 15 days before the proposed parade date is a late application. The Chief of Police shall deny issuance of a parade permit to late applicants unless he finds one of the following conditions to be present:
(1) Prior application was impossible since the parade is in response to an event of national importance which occurred less than 15 days before the proposed parade date;
(2) The applicant used due diligence but was not able to apply for a parade permit in a timely manner due to circumstances beyond his control.
(b) When the Chief of Police finds one of the above conditions to exist, he shall consider the application and base his decision on the criteria enumerated in section 12.40.060 of this article.
(Code 1965, § 4823; Code 2002, § 90-64. Ord. No. 997)
12.40.050 Action on permit applications.
The Chief of Police shall act on applications in the following manner:
(1) Applications received not less than 15 days before the proposed parade shall be acted upon at least seven days prior to the proposed assembly time for the permit;
(2) Late applications shall be acted upon at least one day prior to the proposed assembly time for the permit.
(Code 1965, § 4824; Code 2002, § 90-65. Ord. No. 997)
12.40.060 Denial or revocation of permit.
(a) Permits may be denied or revoked by the Chief of Police only upon his determination that one or more of the following conditions exist:
(1) There is insufficient time for the Police Department to make necessary preparations or inquiry concerning traffic control or other public safety matters prior to the proposed parade date;
(2) That more persons would be seriously inconvenienced by the parade than would participate in it;
(3) That the number of persons who would be less than seriously inconvenienced would be grossly disproportionate to the number of participants;
(4) That the parade will occur between the hours of 6:30 a.m. to 9:30 a.m. or 4:00 p.m. to 7:00 p.m., Monday through Friday;
(5) That the parade will exceed three hours’ duration;
(6) That the parade will unduly interfere with ingress to, egress from, or travel on a freeway, state-designated highway, or main thoroughfare of the city;
(7) That the application is incomplete for failure to contain the information required in section 12.40.030(b) of this article;
(8) That the application contains a false statement as to a material fact;
(9) That a significant number of the parade participants intend to engage in or provoke violence;
(10) That a fully enforced general curfew will be in existence at the time and place proposed for the parade;
(11) That the parade will conflict with a previously scheduled parade;
(12) That safe conduct of the parade would require the diversion of so great a number of city police officers as to impair the normal police protection of the city;
(13) That adequate cleanup of litter or debris resulting from the parade has not been assured by the applicant when such litter or debris is a foreseeable and likely result of the parade;
(14) That the parade is to be held for the principal purpose of advertising a product, good, or event for private profit;
(15) That the parade activity or parade route would unreasonably interfere with proper fire or police protection within an area of the city.
(b) Written reasons shall be given to an applicant by the Chief of Police on the original application form to explain permit denial or revocation.
(Code 1965, § 4825; Code 2002, § 90-66. Ord. No. 997)
12.40.070 Alternative times, routes, and sites.
Any denial or revocation of a permit on the grounds of the unacceptability of the time, route, or sites (assembly or disbanding) of the proposed parade shall contain a counter offer of alternative acceptable times, routes, and sites.
(Code 1965, § 4826; Code 2002, § 90-67. Ord. No. 997)
12.40.080 Contents of permit; possession of permit.
Any parade permit issued shall contain the information given in the application, along with any restrictive conditions imposed by the Chief of Police 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.
(Code 1965, § 4827; Code 2002, § 90-68. Ord. No. 997)
12.40.090 Parking regulations.
The Chief of Police has authority to post signs prohibiting or restricting the parking of vehicles on any highway, or part thereof, constituting part of the parade route. It shall be unlawful for any person to park or leave unattended a vehicle in violation thereof.
(Code 1965, § 4828; Code 2002, § 90-69. Ord. No. 997)
12.40.100 Building permits for grandstands or other structures.
If a grandstand or other type of structure is to be used for parade viewing purposes, a building permit must be secured from the Building Official prior to the issuance of a parade permit by the Chief of Police.
(Code 1965, § 4829; Code 2002, § 90-70. Ord. No. 997)
12.40.110 Officials to be notified of actions on permit.
Immediately upon granting or revoking a permit, the Chief of Police shall send a copy to:
(1) Council;
(2) City Manager;
(3) Public Works Director;
(4) District Fire Department.
(Code 1965, § 4830; Code 2002, § 90-71. Ord. No. 997)
12.40.120 Conducting or participating in parade without permit.
It shall be unlawful for any person to conduct, manage, or participate in any parade which is not authorized by a written permit from the Chief of Police.
(Code 1965, § 4831; Code 2002, § 90-72. Ord. No. 997)
12.40.130 Violation of permit; interference with parade.
It shall be unlawful for any person to knowingly join or participate in any parade conducted under permit from the Chief of Police in violation of any of the terms of said permit or in any manner interfere with the progress or orderly conduct of such permitted parade.
(Code 1965, § 4832; Code 2002, § 90-73. Ord. No. 997)
12.40.140 Appeal.
Any person affected or dissatisfied by any action of the Chief of Police in the administration of this article may appeal to the City Council in accordance with section 2.05.040 of this Code.
(Code 1965, § 4833; Code 2002, § 90-74. Ord. No. 997)
12.40.150 Severability.
If any section, subsection, sentence, clause, phrase, or portion of this article 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 article. The City Council hereby declares that it would have adopted this article and each portion thereof, irrespective of the fact that any one portion be declared invalid or unconstitutional.
(Code 1965, § 4834; Code 2002, § 90-75. Ord. No. 997)