Chapter 12
PARADES*
Sections:
5-12.03 Permits: Applications.
5-12.04 Permits: Standards for issuance.
5-12.05 Permits: Notices of rejection.
5-12.07 Permits: Issuance: Notices to City and other officials.
5-12.10 Public conduct during parades.
* Chapter 12 entitled “General Misdemeanors”, consisting of Sections 5-12.01 through 5-12.05, 5-12.07, 5-12.08, and 5-12.10, codified from Ordinance Nos. 57 O.S. and 9 N.C.S., as amended by Ordinance No. 19 N.C.S., repealed by Ordinance No, 542-82 C-M, effective February 25, 1982. Section 5-12.06, codified from Ordinance No. 9 N.C.S., repealed by Ordinance No. 225 C-M, effective June 11, 1970. Section 5-12.09, codified from Ordinance No. 9 N.C.S., repealed by Ordinance No. 376 C-M, effective March 25, 1976.
5-12.01 Definitions.
For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
(a) “Parade” shall mean any public march, procession of any kind, ceremonial formation, promenade, or any similar display in or upon any street, park, or other public place in the City.
(b) “Parade permit” shall mean a permit as required by this chapter.
(c) “Person” shall mean any person, firm, partnership, association, corporation, company, or organization of any kind.
(§ 2, Ord. 542-82 C-M, eff. February 25, 1982)
5-12.02 Permits required.
No person shall engage in, participate in, aid, form, or start any parade, unless a parade permit shall have been first issued by the Chief of Police.
Exceptions. This chapter shall not apply to funeral processions.
(§ 2, Ord. 542-82 C-M, eff. February 25, 1982)
5-12.03 Permits: Applications.
A person seeking the issuance of a parade permit shall file an application with the Chief of Police on a form provided by such officer.
(a) Filing period. An application for a parade permit shall be filed with the Chief of Police not less than thirty (30) days nor more than sixty (60) days before the date on which it is proposed to conduct the parade.
(b) Contents. The application for a parade permit shall set forth the following information:
(1) The name, address, and telephone number of the person seeking to conduct such parade;
(2) 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;
(3) The name, address, and telephone number of the person who will be the parade chairman and who will be responsible for its conduct;
(4) The date when the parade is to be conducted;
(5) The route to be traveled, the starting point, and the termination point;
(6) The approximate number of persons who, and animals and vehicles which, will constitute such parade; the type of animals; and a description of the vehicles;
(7) The hours when such parade will start and terminate;
(8) A statement as to whether the parade will occupy all or only a portion of the width of the streets proposed to be traversed;
(9) The location by streets of any assembly area for such parade;
(10) The time at which units of the parade will begin to assemble at any such assembly area or areas;
(11) 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;
(12) The application shall have attached either a certificate of insurance or a letter binder from an insurance company or insurance agent setting forth that the City is named as additional insured in a policy of liability insurance to be carried by the applicant upon the issuance of a parade permit to cover the permit term in an amount not less than that amount fixed by resolution of the Council; and
(13) Any additional information which the Chief of Police shall find reasonably necessary to make a fair determination as to whether a permit should issue.
(c) Late applications. The Chief of Police, where good cause is shown therefor, shall have the authority to process any application under this chapter which is filed before the date such parade is proposed to be conducted.
(§ 2, Ord. 542-82 C-M, eff. February 25, 1982)
5-12.04 Permits: Standards for issuance.
A parade permit shall be authorized and be issued as provided for in this chapter when, from a consideration of the application and from such other information as may otherwise be obtained, it is found 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 those to be occupied by the proposed line or march and the areas contiguous thereto;
(d) The concentration of persons, animals, and vehicles at the 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 fire-fighting equipment en route to a fire;
(f) The conduct of the parade is not reasonably likely to cause injury to persons or property or 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; and
(h) The insurance coverage is in an amount sufficient to meet the requirements of the Council.
(§ 2, Ord. 542-82 C-M, eff. February 25, 1982)
5-12.05 Permits: Notices of rejection.
The Chief of Police shall act upon the application for a parade permit within ten (10) days after the filing thereof. If the Chief of Police disapproves the application, he shall mail to the applicant a notice of the action stating the reasons for the denial of the permit.
(§ 2, Ord. 542-82 C-M, eff. February 25, 1982)
5-12.06 Alternative permits.
In denying an application for a parade permit, the Chief of Police 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 alternate permit, within three (3) days after notice of the action, shall 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.
(§ 2, Ord. 542-82 C-M, eff. February 25, 1982)
5-12.07 Permits: Issuance: Notices to City and other officials.
Immediately upon the issuance of a parade permit, the Chief of Police shall send a copy thereof to the following:
(a) The City Manager;
(b) The Fire Chief; and
(c) The Director of Public Works.
(§ 2, Ord. 542-82 C-M, eff. February 25, 1982)
5-12.08 Permits: Contents.
Each parade permit shall state the following information:
(a) The starting time;
(b) The minimum speed;
(c) The maximum speed;
(d) The portions of the streets to be traversed which may be occupied by the parade;
(e) The maximum length of the parade in miles or fractions thereof;
(f) The amounts of insurance coverage with the name and address of the insurance carrier; and
(g) Such other information as the Chief of Police shall find necessary to the enforcement of this chapter.
(§ 2, Ord. 542-82 C-M, eff. February 25, 1982)
5-12.09 Duties of permittees.
Permittees under this chapter shall comply with all permit directions and conditions and with all applicable laws and ordinances.
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 and shall exhibit the permit to any police officer upon request.
(§ 2, Ord. 542-82 C-M, eff. February 25, 1982)
5-12.10 Public conduct during parades.
(a) Interference. It shall be unlawful for any person to hamper, obstruct, impede, or interfere with any parade or parade assembly or with any person, vehicle, or animal participating or used in a parade.
(b) Driving through parades. It shall be unlawful for any driver of a vehicle to drive between the vehicles or persons comprising a parade when such vehicles or persons are in motion and are conspicuously designated as a parade.
(c) Parking on parade routes. The Chief of Police shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a street 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.
(§ 2, Ord. 542-82 C-M, eff. February 25, 1982)
5-12.11 Accessory permits.
(a) The Chief of Police shall be authorized to issue accessory permits to nonprofit organizations with permanent offices or with established activities for a period of three (3) years in the City to sell upon the public sidewalks along the line of march any item relative to the parade purpose, including, but not exclusive to, pennants, banners, balloons, buttons, and souvenirs.
(b) No permit shall be issued for the sale of any food or beverage.
(c) No permittee shall erect or maintain any table, counter, or other obstruction on the public sidewalks.
(d) The permit shall be valid only for the period of one hour before the commencement of the parade and one hour after the completion of the parade.
(§ 1, Ord. 603-83 C-M, eff. October 13, 1983)