Chapter 4.44
Parades--Permits and Regulations
Sections:
4.44.020 Permit required--Exceptions.
4.44.030 Permit application--Required information.
4.44.040 Permit--Findings and issuance.
4.44.050 Permit--Action time limit and disapproval notice.
4.44.060 Permit denial--Alternate permit.
4.44.070 Permit denial--Appeal.
4.44.100 Permit possession required.
4.44.110 Public conduct requirements.
4.44.120 Authority to restrict parking.
4.44.130 Authority to revoke permit.
4.44.010 Definitions.
(a) "Chief of police" means the chief of police of the city of Montesano.
(b) "City" means the city of Montesano.
(c) "Parade" means any parade, march, ceremony, show, exhibition, pageant or procession of any kind or any display of any similar nature, in, upon or over any street, park or other public place in the city.
(d) "Parade permit" means a permit required by this enactment.
(e) "Person" means any person, firm, partnership, association, corporation, company, consortium, group or organization of any kind. (Ord. 1093 §1, 1978).
4.44.020 Permit reauired--Exceptions.
No person shall engage in, participate in, aid, form or start any parade unless a parade permit shall have first been obtained from the chief of police; provided, that no permit shall be required of the following:
(a) Funeral procession;
(b) Students going to and from school classes or participating in educational activities, so long as such conduct is under the immediate direction and supervision of the designated authorities of the school; or
(c) A governmental agency acting within the scope of its functions. (Ord. 1093 §2, 1978).
4.44.030 Permit application--Required information.
(a) A person seeking issuance of a parade permit shall file an application with the chief of police on forms provided by such officer.
(b) An application for a parade permit shall be filed with the chief of police not less than sixty days nor more than one hundred twenty days before the date on which it is proposed to conduct the parade.
(c) 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 the 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 chairperson 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 a parade;
(7) The type of animals, and description of the vehicles;
(8) The hours when such parade will start and terminate;
(9) A statement as to whether the parade will occupy all or only a portion of the width of the streets proposed to be traversed;
(10) The location by streets of any assembly areas for such parade;
(11) The time at which units of the parade will begin to assemble at any such assembly area or areas;
(12) The interval of space to be maintained between units of such parade;
(13) 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; and
(14) Any additional information which the chief of police shall find reasonably necessary to a fair determination as to whether a permit should issue.
(d) The chief of police, upon a finding of good cause being shown, shall have the authority to consider any application hereunder which is filed at a time not within the time periods established by subsection (b) of this section. (Ord. 1093 §3, 1978).
4.44.040 Permit--Findings and issuance.
The chief of police shall issue a permit when, from consideration of the application and from such other information as he may otherwise possess or obtain, he finds the following:
(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 concentration of persons, animals and vehicles at 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;
(d) The conduct of such parade will not interfere with the movement of firefighting equipment enroute to a fire;
(e) The conduct of the parade is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct or create a disturbance;
(f) The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays enroute;
(g) The parade is not to be held for the sole purpose of advertising any product, goods or event, and is not designed to be held purely for private profit. (Ord. 1093 §4, 1978).
4.44.050 Permit--Action time limit and disapproval notice.
The chief of police shall act upon the application for a parade permit within thirty days after the filing thereof. If the chief of police disapproves the application, he shall mail to the applicant within thirty days after the date upon which the application was filed, a notice of his action, stating the reasons for his denial of the permit. (Ord. 1039 §5, 1978).
4.44.060 Permit denial--Alternate permit.
The chief of police, in denying an application for a parade permit, 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 shall, within fifteen days after notice of the action of the chief of police, 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. (Ord. 1093 §7, 1978).
4.44.070 Permit denial--Appeal.
Any person aggrieved shall have the right to appeal the denial of a parade permit to the city council. The appeal shall be taken within thirty days after notice. The city council shall act upon the appeal within thirty days after its receipt. (Ord. 1093 §6, 1978).
4.44.080 Permit--Contents.
Each parade permit shall state the following information:
(a) Starting time;
(b) Minimum speed;
(c) Maximum speed;
(d) Maximum interval of space to be maintained between the units of the parade;
(e) The portions of the streets to be traversed that may be occupied by the parade;
(f) The maximum length of the parade in miles or fractions thereof; and
(g) Such other information as the chief of police shall find necessary to the enforcement of this chapter. (Ord. 1093 §8, 1978).
4.44.090 Compliance required.
A permittee under this chapter shall comply with all permit directions and conditions and with all applicable laws and ordinances. (Ord. 1093 §9 (part), 1978).
4.44.100 Permit possession required.
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. (Ord. 1093 §9(A), 1978).
4.44.110 Public conduct requirements.
(a) No person shall unreasonably hamper, obstruct or impede, or interfere with any parade or parade assembly or with any person, vehicle or animal participating or used in a parade.
(b) No driver of a vehicle, street car or trackless trolley shall drive between the vehicles or persons comprising a parade when such vehicles or persons are in motion and are conspicuously designated as a parade. (Ord. 1093 §10(A), (B), 1978).
4.44.120 Authority to restrict parking--Sign posting.
The chief of police shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a highway 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. (Ord. 1093 §19(C), 1978).
4.44.130 Authority to revoke permit.
The chief of police shall have the authority to revoke a parade permit issued under this chapter upon application of the standards for issuance as set forth in this chapter. (Ord. 1093 §11, 1978).
4.44.140 Violation--Penalty.
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished in the manner provided by Section 1.08.030. (Ord. 1093 §12, 1978).