Chapter 12.06
PARADES AND ASSEMBLIES
Sections:
12.06.050 Exemptions from permit requirement.
12.06.070 Grounds for denial or revocation of permit.
12.06.090 Indemnification agreement.
12.06.130 Violation – Penalty.
12.06.010 Purpose.
The purpose of this chapter is to protect the public’s health, safety and welfare through the issuance of special event permits for parades, processions and other assemblies occurring on public property. (Ord. 2003-21 § 2, 2003)
12.06.020 Definitions.
A. “Parade,” “assembly” and “procession” means any parade, march, ceremony, show, exhibition, pageant or procession of any kind, or any similar display or gathering, in or upon any street, park or other public place in the city, which would have a direct impact on traffic flow or congestion or the public’s ability to use public streets, parks or other public places, or which would significantly impact the need for city-provided emergency services. “Parades,” “assemblies” and “processions,” as referenced herein, shall include, but are not limited to, traditional parades, fun runs, roadway foot races, fundraising walks or runs, auctions, bikeathons, parades, carnivals, shows or exhibitions, filming/movie events, circuses, block parties and street fairs.
B. “Use” means to construct, erect, or maintain in, on, over or under any street, right-of-way, park or other public place, any building, structure, sign, equipment or scaffolding, to paint, spray or write on the surface of a public right-of-way thereof, or to otherwise occupy in such a manner as to obstruct the normal public use of any public street, right-of-way, park or other public place within the city, including any use related to parades or processions. (Ord. 2003-21 § 2, 2003)
12.06.030 Permit required.
Any person desiring to conduct or sponsor a parade, assembly or other procession in the city shall first obtain a special event permit from the police department. No person shall conduct or knowingly participate in a parade, assembly or procession without first obtaining a special event permit. (Ord. 2003-21 § 2, 2003)
12.06.040 Permit application.
A. A special event permit may be obtained by submitting, on a form supplied by the city, an application to the police department at least 30 days prior to the proposed event date; provided, that an application for a special event permit which is filed less than 30 days prior to the proposed event date may be considered upon a showing of good cause. For purposes of this section, “good cause” means that, in the city’s risk manager’s opinion, the appropriate city official(s) have sufficient time to process and investigate the application and to obtain police and/or other city services for the proposed event, and/or that the circumstances giving rise to the permit application did not reasonably allow the applicant to file within the time prescribed.
B. The application for a special event permit shall be made in writing, on a form approved by the city. In order that adequate arrangements may be made for the proper protection of the parade, procession or assembly, the permit application shall contain the following information:
1. The name of the applicant, the name of the organization sponsoring the parade, procession or assembly, and the addresses and telephone numbers of each.
2. The purpose of the parade, procession or assembly, the date when the parade, procession or assembly is proposed to be conducted, the proposed location of the parade, procession or assembly area; the estimated number of participants; the location of the disbanding area; the proposed route to be traveled and the approximate time that the parade, procession or assembly will assemble, start and terminate.
3. Any description of the individual floats, marching units, vehicles and bands, including a description of any sound amplification equipment to be used.
4. Such other information as the chief of police may deem reasonably necessary. (Ord. 2003-21 § 2, 2003)
12.06.050 Exemptions from permit requirement.
Notwithstanding the requirements of BIMC 12.06.030, a special event permit shall not be required for the following activities:
A. Parades, athletic events or other assemblies that occur exclusively on city property and are sponsored or conducted in full by the city. In such instances, the appropriate city official shall conduct an internal review process to ensure that the policies and purposes of this chapter are met;
B. Funeral and wedding processions;
C. Groups required by law to be so assembled;
D. Gatherings of less than 30 people assembled for a common purpose, unless such gathering is for the purpose of offering merchandise or services for sale or trade;
E. Activities of state and federal governmental agencies, including military units, which are performed within the scope of such agency’s duties and functions. (Ord. 2003-21 § 2, 2003)
12.06.060 Permit issuance.
The chief of police or other designated city official shall act upon a timely and complete application for a special event permit within 14 days after the complete application is filed with the city. A timely and complete application for a special event permit shall be approved upon the applicant’s written acceptance of the permit terms and conditions of this chapter, unless grounds exist for denying the permit pursuant to BIMC 12.06.070. The chief of police or other designated official shall notify the applicant in writing of the determination on the application, and shall set forth any additionally imposed permit conditions, or the grounds for denial, if applicable. If an application is denied, the chief of police or other designated official shall further notify the applicant in writing of the applicant’s right to appeal the conditions or denial of the permit pursuant to BIMC 12.06.120. (Ord. 2003-21 § 2, 2003)
12.06.070 Grounds for denial or revocation of permit.
Approval of a special event permit may be denied and/or revoked if the chief of police or designated city official reasonably determines that:
A. The proposed event would endanger public safety or health;
B. The proposed event would seriously inconvenience or impair the general public’s use of public property, services or facilities;
C. The proposed event interferes with another parade, procession or assembly for which a permit has previously been issued or requested;
D. The applicant fails to submit a timely and complete application form after having been notified that additional information and/or documents are required;
E. Information contained in the application, or supplemental information requested from the applicant, is found to be false in any material detail;
F. The applicant refuses or fails to agree to abide by, or comply with, all of the conditions and terms of the permit;
G. The location of the proposed event will substantially interfere with any construction or maintenance work scheduled to take place upon or along public property or right-of-way, or a previously granted encroachment permit;
H. The proposed event is scheduled to occur at a route or location adjacent to a school or class during a time when such school or class is in session, and the noise created by the activities of the event would substantially disrupt the educational activities of the school or class;
I. The purpose of the proposed event is to incite crime or the overthrow of the government by force; or
J. The applicant refuses or fails to remit all customary and reasonable fees, charges, deposits, insurance or bonds, if any, required by the city for the use of the public place that is the subject of the permit application. (Ord. 2003-21 § 2, 2003)
12.06.080 Content of permit.
Each special event permit that is issued by the city shall specify:
A. The assembly area for the parade, procession or assembly, and time therefor;
B. The starting time of the parade, procession or assembly;
C. The minimum and maximum traveling speeds of the participants of the parade, procession and assembly;
D. The route of the parade, procession or assembly;
E. The portions of the street or other public area to be traversed and which may be occupied by the parade, procession or assembly participants;
F. The maximum number of units and the maximum and minimum intervals of space to be maintained between the units of the parade, procession or assembly;
G. The maximum length or area of the parade, procession or assembly;
H. The disbanding area of the parade, procession or assembly, and the disbanding time therefor;
I. The number of persons required to monitor the parade, procession or assembly;
J. The number and type of vehicles used in the parade, procession or assembly;
K. That the materials used in the construction of floats used in the parade, procession or assembly shall be of fire-retardant materials and shall be subject to such requirements concerning fire safety as may be determined by the fire chief;
L. That the permittee shall advise the participants in the parade, procession or assembly of the terms and conditions of the permit prior to the commencement of such special event;
M. That the parade, procession or assembly shall continue to move at a fixed rate of speed, and that any willful delay or willful stopping of the parade, procession or assembly, except when reasonably required for the safe and orderly conduct of the special event, shall constitute a violation of the permit;
N. That the vehicles and floats used in the parade, procession or assembly shall be subject to a safety inspection by the city police department and such vehicles and floats may not participate in the parade, procession or assembly until they have successfully completed such inspection;
O. Such other requirements as are found by the chief of police to be reasonably necessary for the protection of persons or property. (Ord. 2003-21 § 2, 2003)
12.06.090 Indemnification agreement.
Before a special event permit may be issued, the permit applicant and authorized officer of the sponsoring organization must agree to indemnify and defend the city, its officers, employees, and agents from all causes of action, claims or liabilities occurring in connection with the permitted event, except those which occur due to the city’s sole negligence. (Ord. 2003-21 § 2, 2003)
12.06.100 Insurance.
The following insurance shall be required in connection with the issuance of special use permits which involve the use of motor vehicles, horses or other animals, other than dogs or cats, or the use of fireworks or other incendiary devices: $1,000,000 commercial general liability insurance per occurrence combined single limits, $2,000,000 aggregate, unless waived by designated city official.
The chief of police or designated city official is authorized and directed to require written proof of such insurance prior to permit issuance. The insurance policy shall be written on an occurrence basis, shall name the city as an additional insured, shall be written for a period not less than 24 hours prior to the event and extending for a period not less than 24 hours following the completion of the event, and shall contain a provision prohibiting cancellation of the policy except upon 30 days’ written notice to the city. (Ord. 2003-21 § 2, 2003)
12.06.110 Fees and deposits.
A. Clean-Up Deposit. The applicant or sponsoring organization of a special event involving the sale of food or beverages for immediate consumption, the erection of structures, the use of horses or other animals, other than dogs and cats, or the use of fireworks or other incendiary devices, will be required to provide a clean-up deposit prior to the issuance of a special event permit, in an amount reasonably anticipated to be incurred in removing debris or litter caused by such special event, as determined by the chief of police or designee. The clean-up deposit may be returned after the special event if the applicant or sponsoring organization cleans and restores the area used for the permitted event to the same condition as existed prior to the event. If the property used for the event has not been properly cleaned or restored, the clean-up deposit shall be applied toward the city’s costs in cleaning up the permitted area. There may be requirements for police officers to control traffic, provide security, and protect people and property. Public works may have costs for placing barricades, roadway preparation, and clean-up. (Ord. 2003-21 § 2, 2003)
12.06.120 Appeal procedure.
The applicant shall have the right to appeal a denial of a special event permit, or a condition imposed thereby, including the amount of fees or clean-up deposits imposed pursuant to BIMC 12.06.110, or a determination that the applicant’s certificate of insurance does not comply with the requirements of BIMC 12.06.100. A written notice of appeal shall be filed within 10 days from the date of the denial or conditional approval. The written notice of appeal shall set forth the specific grounds for the appeal and attach any relevant documents for consideration. The city council shall hear the appeal on the record provided from the designated city official and upon public comment given at the scheduled hearing before the council. The hearing shall be scheduled no later than 30 days after receipt of a timely and proper notice of appeal. The decision of the city council on the appeal shall be final.
If there is insufficient time for a timely appeal to be heard by the city council prior to the date on which the event is scheduled, the applicant may, at the applicant’s option, request that the city manager hear the appeal. The city manager shall hold a hearing no later than five business days after the filing of the appeal and shall render a decision no later than one business day after the hearing on the appeal is closed. If the appeal is requested and heard before the city manager, the city manager’s decision shall be final. (Ord. 2009-21 § 35, 2009: Ord. 2003-21 § 2, 2003)
12.06.130 Violation – Penalty.
Any person or organization violating the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be subject to a penalty of a fine of not more than $500.00 or by imprisonment of not more than 90 days, or both such fine and imprisonment. (Ord. 2003-21 § 2, 2003)