Parade/Assembly Permit Application
Sec. 12-46. Definitions
The following words, terms, phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Central traffic districts are all streets and portions of streets within the county.
Parade and assembly mean any march, ceremony, show, exhibition, pageant, public demonstration, public gathering or procession of any king, or similar display in or upon any street, park or other public place in the county conducted by any person, any government or civic organization or other profit or nonprofit organization group.
Parade permit is a permit as required by this article. (Code 1983, § 11-4) Cross reference-Definitions and rules of construction generally, §1-2.
Sec. 12-47. Duties of permittee.
a) Compliance. A permittee under this article shall comply with all permit directions and conditions and with all applicable laws and ordinances.
b) Possession of permit. The parade or assembly chairman or other person heading or leading such activity shall carry the parade permit upon his person during the conducting of the parade or assembly. (Code 1983, §11-13).
Sec. 12.48. Public conduct during parades.
a) Interference. No person shall unreasonably hamper, obstruct, impede or interfere with any parade or assembly or with any person, vehicle or animal participating or used in a parade.
b) Driving through parades. No driver of a vehicle shall drive between the vehicles or persons comprising a parade when these vehicles or persons are in motion and are conspicuously designated as a parade.
c) Parking on parade route. The sheriff shall have the authority, when reasonably necessary, to prohibit the parking of vehicles along a highway or part thereof constituting a part of the route of a parade or location of an assembly. The sheriff shall post signs to this effect, and
it shall be unlawful for any person to park or leave unattached any vehicle in violation thereof. No person shall be liable for parking on a street un-posted in violation of this article. (Codes 1983, §11-14)
Sec. 12-49-12-65. Reserved.
DIVISION 2. PERMIT
Sec. 12-66. Required; exceptions.
a) No .person shall engage in, participate in, aid, form or start any parade or assembly, unless a parade permit shall have been obtained from the sheriff.
b) Exceptions to this section are:
1. Funeral processions.
2. Students going to and from school classes or participating in educational activities, providing this conduct is under the immediate direction and supervision of the school authorities.
3. A Governmental agency acting within the scope of its function. (Code 1983, §11-5)
Sec. 12-67. Application.
a) Required. A person or group seeking issuance of a parade or assembly permit shall file an application with the sheriff on a form provided by him.
b) Filing. An application for a parade permit shall be filed with the sheriff not less than ten (10) days, nor more than thirty (30) days before the date on which it is proposed to conduct the parade or assembly.
c) 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 the parade or assembly.
2) If the parade or assembly is proposed to be conducted for, on behalf of, or by an organization or group, the name, address, and telephone number of the headquarters of the organization or group, and of the authorized and responsible heads of this organization and group.
3) The name, address, and telephone number of the person who will be the leader or chairman of the parade or assembly and who will be responsible for its conduct.
4) The date when the parade or assembly is to be conducted.
5) The route to be traveled, the starting point and the termination point.
6) If an assembly, the location where the assembly will be held.
7) The approximate number of persons who, and animals and vehicles which, will constitute the parade or assembly; the type of animals and description of the vehicles.
8) The hours when the parade or assembly will start and terminate.
9) A statement as to whether the parade or assembly will occupy all or only a portion of the width of the streets or location proposed to be traveled.
10) The location by streets of any assembly areas for the parade.
11) The time at which units of the parade will begin to assemble at the assembly area or areas.
12) The interval of space to be maintained between units of the parade.
13) If the parade or assembly is designed to be held by and on behalf of or for any person other than the applicant, the applicant for the permit shall file with the sheriff a communication in writing from the person proposing to hold the parade or assembly authorizing the applicant to apply for the permit on his behalf.
14) Any additional information which the sheriff shall find reasonably necessary to a fair determination as to whether a permit should be issued.
d) Fees. Fees shall be imposed for a permit required by this division as follows:
1) Each application for a parade permit shall include an operational cost of twelve dollars ($12.00) per hour for each police officer assigned to the parade or assembly, the number of officers to be determined by the sheriff; provided, however, the aforementioned operational cost shall not apply to any application for a parade permit where the parade is to be held outside the central traffic districts of the county.
2) The sheriff shall have the authority to waive the fee set forth in paragraph (1) of this subsection. A request must be made in writing for
a waiver and must be attached to the application for a parade permit.
3) Any request for waiver of the application fee which is not acted on by the sheriff within five (5) days from receipt will be regarded as denied. (Code 1983, §11-6)
Sec. 12-68. Standards for issuance.
The sheriff shall issue a permit as provided for under this article when, from a consideration of the application and from such other information as may be otherwise obtained, he finds that:
1) The conduct of the parade or assembly will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route.
2) The conduct of the parade or assembly will not require the diversion of so great a number of police officers of the county to properly police the parade or assembly and the areas contiguous thereto as to prevent normal police protection to the county.
3) The conduct of the parade or assembly will not require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of the county other than that to be occupied by the proposed line of march or gathering and the areas contiguous thereto.
4) The concentration of persons, animals and vehicles at assembly points of the parade or assembly will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to the assembly areas.
5) The conduct of the parade or assembly will not interfere with the movement
of fire fighting equipment en route to a fire.
6) The conduct of the parade or assembly is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct or to create a disturbance.
7) The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route.
8) Any assembly is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct or to create an undue disturbance.
9) The applicants for permit have not violated the terms of any previous parade permit granted to them and have not caused undue traffic congestion and policy problems under any previous parade permit. (Code 1983, §11-7)
Sec. 12-69. Notice of rejection of application.
The sheriff shall act upon the application for a parade permit within seven (7) days after filing thereof. If the sheriff disapproves the application, he shall cause to be mailed to the applicant within seven (7) days after the date upon which the application was filed a notice stating the reasons for denial. (Code 1983, §11-8)
Sec. 12-70. Appeal procedure.
Any person aggrieved shall have the right to appeal the denial of the parade permit to the board of commissioners. The appeal shall be filed within five (5) days after notice of denial. (Code 1983, §11-8)
Sec. 12-71. Alternative permit.
The sheriff in denying an application for a parade permit shall be empowered to authorize the conduct of the parade or assembly on a date, at a time, at a place, or over a route different than that named by the applicant. An applicant desiring to accept an alternative permit shall, within five (5) days after notice of the action of the sheriff, file a written notice of acceptance with the sheriff. An alternate parade permit shall conform to the requirements of, and shall have the effect of, a parade permit under this division. (Code 1983, §11-10)
Sec. 12-72. Notice to county, other officials.
Immediately upon the issuance of a parade permit, the sheriff shall send a copy thereof to the following:
1) The board of commissioners.
2) The county marshal.
3) The county attorney.
4) The director of fire services.
5) The chief of police of any incorporated areas within the county wherein the parade or assembly may be held or pass through. (Code 1983, §11-11; Ord. No. 91-13, 9-18-91)
Sec. 12-73. Contents of permit.
Each parade permit issued under this division shall state the following information:
1) Starting time.
2) Maximum speed of vehicles participating therein.
3) Maximum interval of space to be maintained between the units of the parade.
4) The portions of the streets to be traversed that may be occupied by the parade.
5) The maximum length of the parade in miles or fractions thereof.
6) The streets or other areas to be occupied by any assembly, the numbers of persons, vehicles, animals, or other objects or vehicles to be engaged in the assembly.
7) Such other information as the sheriff shall find necessary for the enforcement of this article. (Code 1983, §11-12)
Sec. 12-74. Revocation.
The sheriff shall have the authority to revoke a parade permit issued under this division upon applications of the standards for issuance as herein set forth. (Code 1983, §11-15)
Secs. 12-75-12-90. Reserved.