CHAPTER 10.40
PARADES AND ASSEMBLIES
Section
10.40.020 Exceptions from provisions
10.40.030 Permit - application - required information
10.40.060 Permit - application - notice of rejection
10.40.070 Appeal from notice of rejection
10.40.080 Permit - alternative
10.40.090 [Reserved]
10.40.100 Officials to be notified of proposed activity
10.40.110 Interference with activity prohibited
10.40.120 Penalty for violation - nuisance declared
10.40.010 PERMIT REQUIRED.
It is unlawful for any person to conduct a meeting, assembly, parade, or procession, or use a sound amplifying system of any kind or any other similar display, or cause or permit the same upon any public street, alley, park, or any other public grounds in the City unless there has first been obtained from the City Clerk a permit to do so, and the permit shall be carried by a person heading or leading the activity.
(Ord. 445, § 1, passed -- 1974)
10.40.020 EXCEPTIONS FROM PROVISIONS.
The provisions of this chapter shall not apply to:
A. Funeral processions;
B. Students of the schools going to and from classes or when constituting a part of their education activities and under the immediate direction and supervision of the proper school authorities; or
C. A governmental agency within the scope of its functions.
(Ord. 445, § 2, passed -- 1974)
10.40.030 PERMIT - APPLICATION - REQUIRED INFORMATION.
Any person desiring to conduct or manage a meeting, assembly, parade, or procession or use a sound amplifying system shall, at least sixty (60) days before the date on which it is proposed to conduct such parade, meeting, or other activity, file with the City Clerk a verified application on a form furnished by the City Clerk, setting forth the following information:
A. The name of the person or organization wishing to conduct such parade, meeting, or other activity;
B. If the parade, meeting, or other activity 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 the authorized and responsible head of the organization;
C. The name, address, and telephone number of the person who will be the chairman of the parade, meeting, or other activity and who will be responsible for its conduct;
D. The name, address, and telephone number of the person or organization to whom the permit is desired to be issued;
E. The date when the parade, meeting, or other activity is to be conducted;
F. The location or the route to be traveled, the starting point and the termination point;
G. The approximate number of persons who, and animals and vehicles which, will constitute such parade, meeting, or other activity; the type of animals, and a general description of the vehicles;
H. The time when the parade, meeting, or other activity will start and terminate;
I. Whether the parade will occupy all or only a portion of the width of the streets proposed to be traversed;
J. The location by streets of any assembly area or areas for the parade;
K. The time at which units of the parade will begin to assemble at any such assembly area or areas; and
L. Such other information as may be required by the City Clerk to enable him or her to make adequate arrangements, as circumstances may require, for proper policing of the proposed activity or public use of the sound amplifying system.
(Ord. 875, § 55, passed 8-25-2008)
10.40.040 PERMIT - ISSUANCE.
The City Clerk shall issue a permit as provided for hereunder when, following review by the Technical Advisory Committee (TAC), the TAC finds that:
A. The conduct of such parade, meeting, or other activity will not require the diversion of so great a number of police officers of the City to properly police the line of movement or location and the areas contiguous thereto, as to prevent normal police protection to the City;
B. The conduct of such parade, meeting, or other activity will not substantially interrupt the safe and orderly movement of other pedestrian or vehicle traffic contiguous to its route;
C. The concentration of persons, animals and vehicles at assembly points of the parade or location of the meeting or other activity will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to the assembly areas or locations;
D. The conduct of such parade or meeting or use of a sound amplifying system will not have an undue adverse affect upon schools, hospitals, churches, businesses, or residents in the vicinity of the activity;
E. The conduct of such parade, meeting, or other activity will not unduly interfere with the movement of firefighting equipment en route to a fire or other emergency equipment;
F. The conduct of such parade, meeting or other activity is not reasonably likely to cause injury to persons or property or to provoke disorderly conduct or create a disturbance; and
G. Such parade, meeting, or other activity is not to be held for the sole purpose of advertising the goods, wares, or merchandise of a particular business establishment or vendor.
(Ord. 875, § 56, passed 8-25-2008)
10.40.050 PERMIT - TERMS.
The permit to be issued by the City Clerk shall prescribe those items listed in § 10.40.030 above, and any special conditions imposed by the TAC during their review of the application.
(Ord. 875, § 57, passed 8-25-2008)
10.40.060 PERMIT - APPLICATION - NOTICE OF REJECTION.
The City Clerk shall forward a copy of the parade permit application to the TAC for review and discussion. Should the TAC disapprove the application, the Community Development Department shall mail to the applicant within five (5) days after the date of the TAC meeting where the application was denied a notice of such action, stating the reasons for denial of the permit. Such notice shall be mailed to the applicant at his or her address as given on the permit application.
(Ord. 875, § 58, passed 8-25-2008)
10.40.070 APPEAL FROM NOTICE OF REJECTION.
Any person who has been denied a permit by the TAC may appeal by filing a written notice of the appeal in accordance with the procedures described in Chapter 1.08.
(Ord. 900, § 18, passed 12-12-2011)
10.40.080 PERMIT - ALTERNATIVE.
The TAC, in denying an application, may authorize the conduct of such parade, meeting or other activity on a date, at a time, or at a location or by a route different from that named by the applicant, and if the applicant desires to accept the proposed date, time and location or route, he or she shall, within five (5) days after notice of the action of the TAC, file a notice of acceptance with the City Clerk. Such permit shall conform to the requirements of this chapter.
(Ord. 875, § 60, passed 8-25-2008)
10.40.090 [RESERVED].
10.40.100 OFFICIALS TO BE NOTIFIED OF PROPOSED ACTIVITY.
Immediately upon the granting of a parade permit, the City Clerk shall send a copy thereof to the following:
A. The Chief of the Fort Bragg Police Department;
B. The Chief of the Fort Bragg Fire Department;
C. Other public officials responsible for functions deemed likely to be affected by the parade, meeting, or other activity; and
D. Any public transportation or other utility, the regular routes of whose vehicles will be affected by the route of the proposed parade, meeting, or other activity.
(Ord. 445, § 10, passed -- 1974)
10.40.110 INTERFERENCE WITH ACTIVITY PROHIBITED.
No person shall, without the consent of the permittee, join or participate in a parade, meeting, or other activity, nor in any manner interfere with its progress or orderly conduct.
(Ord. 445, § 11, passed -- 1974)
10.40.120 PENALTY FOR VIOLATION - NUISANCE DECLARED.
Each violation of any provision of this chapter and each violation of any of the prescribed terms under which the permit is issued constitutes a misdemeanor, and upon conviction thereof shall be punishable as provided in Chapter 1.12. Each violation of any of the prescribed terms under which the permit is issued constitutes a public nuisance and is subject to abatement as such.
(Ord. 874, § 28, passed 8-25-2008)