Chapter 10.30
PARADES AND PROCESSIONS
Sections:
10.30.010 Prohibited activity.
10.30.030 Appeal to municipal judge.
10.30.040 Indemnity agreement.
10.30.050 Insurance requirements.
10.30.060 Offenses against parade.
10.30.080 Funeral processions.
10.30.100 Departmental cost recovery.
10.30.010 Prohibited activity.
No person shall organize or participate in a parade which may disrupt or interfere with traffic without obtaining a permit. A permit shall always be required of a procession of people utilizing the public right-of-way and consisting of 100 or more persons or 10 or more vehicles. [Ord. 553, 2022].
10.30.020 Parade permit.
A. Application for parade permits shall be made to the city manager at least 15 days prior to the intended date of the parade, unless the time is waived by the city manager.
B. Applications shall include the following information:
1. The name and address of the person responsible for the proposed parade.
2. The date of the proposed parade.
3. The desired route, including assembling points.
4. The number of persons, vehicles and animals which will be participating in the parade.
5. The proposed starting and ending time.
C. The application shall be signed by the applicant.
D. If the city manager, upon receipt of the application, determines that the parade can be conducted without endangering public safety and without seriously inconveniencing the general public, the city manager shall approve the route and issue the permit.
E. If the city manager determines that the parade cannot be conducted without endangering public safety or seriously inconveniencing the general public, the city manager may:
1. Propose an alternate route.
2. Propose an alternate date.
3. Refuse to issue a parade permit.
F. The city recorder shall notify the applicant of the city manager decision within five days after the city manager’s review of the application.
G. If the city manager proposes alternatives or refuses to issue a permit, the applicant shall have the right to appeal their decision to the Creswell municipal judge. [Ord. 553, 2022].
10.30.030 Appeal to municipal judge.
A. An applicant may appeal the decision of the city manager by filing a written request of appeal with the city recorder within five days after the city manager has proposed alternatives or refused to issue a permit.
B. The municipal judge shall schedule a hearing date which shall not be later than 10 days following the filing of the written appeal with the city recorder and shall notify the applicant of the date and time that he may appear either in person or by a representative. [Ord. 553, 2022].
10.30.040 Indemnity agreement.
Each parade permit holder shall execute an indemnity agreement with the city prior to commencement of the parade in a form approved by the city attorney agreeing to defend, indemnify, release, and hold harmless the city against any losses and liabilities that are incurred as a result of the conduct of the permit holder, its officers, employees, and agents in connection with, or during, the parade. [Ord. 553, 2022].
10.30.050 Insurance requirements.
A. Except as otherwise prohibited by law or unless a waiver is obtained as provided by this chapter, the permit holder shall procure and maintain in full force and effect during the term of parade permit, a policy of insurance from a reliable insurance company authorized to do business in the state. Such insurance shall provide coverage of which the combined single limit per occurrence shall be not less than that required under the Oregon Tort Claims Act, ORS 30.270 et seq., or $2,000,000, whichever is greater. Such insurance shall be without prejudice to coverage otherwise existing therein and shall name the city, its officers, agents, and employees as additional insureds. Such insurance shall further provide that the policy shall not terminate or be canceled prior to the completion of the parade without 30 days’ written notice to the city council. Proof of insurance shall be submitted to the city prior to issuance of the parade permit, and maintenance of this insurance shall be a continuing condition of the parade permit.
B. If the city manager determines that the parade does not present substantial or significant likelihood of public liability or property damage, the city manager may give a written waiver of the insurance requirements of this section. In making such determination, the city manager may require information or documentation from the applicant regarding the applicant’s history organizing similar parades, the course of such parades, and whether such parades resulted in property damage. In making a determination under this section, the city manager may not consider the message the parade will convey; the content of any speech used or likely to be used; or the identity or associational relationships of the applicant or applicants. [Ord. 553, 2022].
10.30.060 Offenses against parade.
A. No person shall unreasonably interfere with a parade or parade participant.
B. No person shall operate a vehicle that is not part of a parade between the vehicles or persons comprising a parade. [Ord. 553, 2022].
10.30.070 Permit revocable.
The city manager may revoke a parade permit if circumstances clearly show that the parade can no longer be conducted consistent with public safety. [Ord. 553, 2022].
10.30.080 Funeral processions.
A. No permit shall be required for a funeral procession.
B. A funeral procession shall proceed to the place of interment by the most direct route which is both legal and practicable.
C. The procession shall be accompanied by adequate escort vehicles for traffic control purposes.
D. All motor vehicles in the procession shall be operated with their lights turned on. [Ord. 553, 2022].
10.30.090 Spontaneous events.
A. Spontaneous parades or gatherings which are occasioned by news or affairs coming into public knowledge less than 48 hours prior to such parade or gathering may be conducted without the organizers first having to obtain a parade permit. If practicable, the organizers should give notice to the city manager at least four hours prior to the parade, informing the city manager of the date and time of the parade and providing an estimate of the approximate number of persons who will be participating.
B. A completed application for any parade permit that does not require the closure of part or all of an arterial street, as defined in the Creswell transportation system plan, must be submitted and reviewed not less than three business days prior to the date the parade is planned to commence. A completed application for a parade permit that will require the closure of part or all of an arterial street, as defined in the Creswell transportation system plan, shall be submitted and reviewed not less than 15 business days prior to the date the parade is planned to commence.
C. Spontaneous parades undertaken pursuant to this section shall be subject to departmental cost recovery under CMC 10.30.100. [Ord. 553, 2022].
10.30.100 Departmental cost recovery.
A. In addition to payment of any required application or other fees, a parade permit holder shall reimburse the city for the following actual costs, when such costs are directly attributable to a parade requiring the city to exceed its usual staffing levels:
1. Costs of city personnel, including any overtime pay, required to close public rights-of-way before the parade commences and costs of city personnel, including any overtime pay, required to reopen public rights-of-way after the parade ends, including, but not limited to, the erection of barricades or other obstacles necessary to direct or manage pedestrian or vehicular traffic.
2. Costs of city personnel, including any overtime pay, required to direct or manage vehicular or pedestrian traffic.
3. Costs of city personnel, including any overtime pay, required to clean up litter and other debris left on the public rights-of-way or other public property following the parade.
B. City departments shall submit final invoices and billings for departmental cost recovery to the permit holder no later than 30 business days after the conclusion of the parade or the expiration date of the parade permit, if the expiration date is later.
C. The permit holder shall not be required to provide or pay for public safety personnel who are present to protect parade attendees from hostile members of the public or counter-demonstrators or for general law enforcement in the vicinity of the event.
D. The city shall provide the permit holder, in advance of the parade, a good-faith estimate of the anticipated costs that will be incurred under subsection (A)(1) of this section based on the projected route of the parade, the duration of the parade, and estimated number of persons participating in or attending the parade. Actual costs shall be calculated following the parade, and shall be paid from an itemized invoice provided to the permit holder following the parade.
E. It shall be a condition of granting a parade permit that the permit holder agrees to reimburse the city for all actual costs described in this section.
F. The city manager shall have the discretion to waive departmental cost recovery under this section upon a satisfactory showing by the permit holder that the payment of such costs is likely to create an undue hardship upon the permit holder or that the permit holder is an indigent person. The city shall provide application forms for such purpose.
G. In addition to any departmental cost recovery required to be paid under this section, if any public right-of-way or public property is damaged or destroyed by reason of the parade, the permit holder shall reimburse the city for the actual repair or replacement cost of the damaged or destroyed public right-of-way or public property. [Ord. 553, 2022].