Parade Ordinance

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ARTICLE 1-15 SPECIAL EVENTS AND PARADES

Division 1. Generally

Sec. 1-15-1 Definitions

In this article, the following words shall have the following meaning:

Applicant
A person who has filed a written application for a special event permit pursuant to section 1-15-61.

Chief of police
The chief of police of the city, or the chief’s designated agent in the city police department.

Day
Calendar day.

Demonstration
A public display of the attitude of assembled persons toward a person, cause, issue, or other matter.

First amendment parade
The assembly of ten or more pedestrians that will require special traffic controls, or five or more vehicles that will be operating at reduced speeds or require special traffic controls, for the common design and purpose of traveling or marching or otherwise traveling in procession from one location to any other location to express feelings and beliefs on current political, religious, or social issues. “First amendment parade” and “parade,” as referred to in division 3 of this article, are the same.

Parade applicant
A person who has filed a written application for a parade permit pursuant to section 1-15-151.

Person
An individual, firm, partnership, corporation, association, or other legal entity.

Sidewalk
That portion of a street intended for the use of pedestrians that is located between the curblines, or lateral lines of a roadway, and the adjacent property lines.

Special event
A temporary event or gathering which involves one (1) or more of the following activities:

  1. Any occurrence which takes place wholly or partially on city property or right-of-way and could cause an interruption of traffic or require special attention and involvement of city personnel such as closing a street, directing traffic, or placing barriers or other safety signs or devices;

  2. Any occurrence on any property in the city that will affect the owners and users of other property in the following ways:

    1. Use of loudspeakers or sound amplifiers in a place that is not completely enclosed in a building, and is within one hundred fifty (150) feet of a single-family, duplex or multiple-family (multifamily) dwelling;

    2. Provide a fireworks display;

    3. Disrupt traffic or parking on city streets in such a way that it is necessary to assign police officers to the event, place safety cones or other safety signs or equipment on a city street, or close off a street;

  3. A circus which includes performers, animals or other such means of entertainment and is performed in the open, in a tent, or in any other temporary structure, but does not include performances held inside a permanent building or on government-owned property; or

  4. A carnival which provides amusement rides, as defined in chapter 2151 of the Occupations Code, which includes mechanical rides or devices, but not coin-operated rides or non-mechanical playground equipment, and is not provided totally within a permanent building or on government-owned property.

Special event parade
The assembly of ten (10) or more pedestrians that will require special traffic controls, or five (5) or more vehicles that will be operating at reduced speeds or require special traffic controls, for the common design of traveling or marching or otherwise traveling in procession from one location to any other location for the purpose of advertising, promoting, celebrating, or commemorating a thing, person, date, or event that is not directly related to the expression of feelings and beliefs on current political, religious, or social issues. A special event parade is distinguishable by definition from a first amendment parade. All provisions that apply to a special event also apply to a special event parade.

Street
The entire width between the boundary lines of every way publicly maintained, when any part is open to the use of the public for purposes of vehicular travel.

(Ordinance 96-67, sec. 1, adopted 10/22/96; Ordinance 98-06, sec. 1, adopted 1/27/98; 1957 Code, sec. 15D-1)

Sec. 1-15-2 Penalty

  1. A person who violates a provision of this article or a requirement of a special event permit or a parade permit is guilty of a separate offense for each day or part of a day during which the violation is committed or continued.

  2. Each offense is punishable by a fine not to exceed two thousand dollars ($2,000.00).

(Ordinance 96-67, sec. 1, adopted 10/22/96; 1957 Code, sec. 15D-87)

Sec. 1-15-3 Offenses

  1. A person commits an offense if that person:

    1. Commences or conducts a special event, including a special event parade, without a special event permit;

    2. Fails to comply with any requirement or provision of a special event permit or this article;

    3. Commences or conducts a first amendment parade without a first amendment parade permit;

    4. Fails to comply with any requirement or provision of a first amendment parade permit or this article;

    5. Obstructs, impedes or interferes with any first amendment parade or special event, or with any person, vehicle or animal participating in a first amendment parade or special event;

    6. Drives a vehicle in front of or between the persons or vehicles comprising a first amendment parade or special event parade once the first amendment parade or special event parade has begun;

    7. While riding in or on a parade vehicle, float or animal or otherwise being a part of a first amendment parade or special event parade, throws, drops, hands out or otherwise gives out any candy, other food articles, toys, souvenirs or similar items to persons situated along the parade route; or

    8. Commences or conducts a parade of any type that takes place wholly or partially on city property or right-of-way and causes an interruption of traffic or requires special attention and involvement of city personnel such as closing a street, directing traffic, placing barriers, or other safety signs or devices without a special event permit or first amendment parade permit.

  2. If conduct that would otherwise violate this section consists of speech or other communication, in a gathering with others to hear or observe such speech or communication, or in a gathering with others to picket or otherwise express in a nonviolent manner a position on social, economic, political, or religious questions, the person must be ordered to move, disperse, or otherwise remedy the violation prior to the person’s arrest or citation.

  3. The order required by subsection (b) of this section may be given by a peace officer, a person with authority to control the use of the premises, or any person directly affected by the violation.

  4. It is a defense to prosecution under subsection (a) that:

    1. In circumstances in which this section requires an order, no order was given;

    2. An order, if given, was manifestly unreasonable in scope; or

    3. An order, if given, was promptly obeyed.

  5. The provisions of this article are adopted in part for the purpose of fire safety, public health and sanitation.

(Ordinance 96-67, sec. 1, adopted 10/22/96; 1957 Code, sec. 15D-86)

Secs. 1-15-4 through 1-15-30 Reserved