HomeMy WebLinkAbout2001-5-635254
ORDINANCE NO. 2001-5- �0 3SoZ
AN ORDINANCE CREATING PARADE APPLICATION REQUIREMENTS
AND CONDUCT OF PARADES WITHIN THE CITY OF PADUCAH, KENTUCKY
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. Generally.
j I. Definitions.
The following words, terms and 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:
Parade means any march or procession in ordered and close file wherein a
collective body of persons are proceeding on foot or by conveyance of any form whatsoever in or
upon and along any street, thoroughfare, or sidewalk in the city.
II. Exceptions..
This article shall not apply to the following:
(1) Funeral processions
(2) , ^ A governmental agency acting within the scope of its functions.
III. Violations.
tf Any person violating any section of this article or a parade permit issued
pursuant to this article shall be deemed guilty of an offense.
IV. Duties of permittees.
A permittee under this article shall comply with all permit directions and
-' conditions and with all applicable laws and ordinances of the City of Paducah, the State of
Kentucky, and the United States.
V. Public conduct during parades.
(a) No person shall unreasonably hamper, obstruct, impede or interfere
with any parade or parade assembly or with any person, vehicle or
animal participating or used in a parade. No driver of a vehicle
shall drive between vehicles or persons comprising a parade when
such vehicles or persons are in motion and are conspicuously
designated as a parade.
(b) The Chief of Police shall have the authority, when reasonably
necessary, to prohibit or restrict parking of vehicles along a
highway, street 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 section.
SECTION 2. Permit
I. Required.
No person shall engage in, participate in, form or start any parade unless a
permit shall have been obtained from the City Manager.
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II. Application.
(a) A person seeking issuance of a parade permit shall file an
application
with the City Manager on forms provided by the City
Manager. An application for a parade permit shall be filed with the
City Manager not less than 14 days before the date on which it is
proposed to conduct the parade.
(b) The application for a parade permit shall set forth the following
information:
(1)
The name, address and telephone number of the person
seeking permission to conduct such a 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
organization's authorized representatives and responsible
heads of such organizations.
(3)
The name, address and telephone number of the person who
will be the parade chairman and who will be responsible for
its management.
(4)
The date when the parade is to be conducted.
(5)
The route to be traveled, the starting and the termination
point.
(6)
The approximate number of persons who and animals and
vehicles which will constitute such parade; the type of
animals and description of vehicles.
(7)
The hours when such parade will start and terminate.
(8)
A statement as to whether the participants in the parade will
drive or walk upon street, shoulders, or sidewalks.
(9)
A statement as to whether the parade will occupy all or only
a portion of the width of the streets or other public ways
proposed to be traversed.
(10)
Any request of the city by the parade chairman to close the
route of the parade to traffic, and/or block cross -streets that
intersect the route of the parade.
(11)
A statement as to whether the parade will obey all traffic
control devices, or will proceed un -impeded through such
traffic control devices as the procession traverses the street,
thoroughfare, or sidewalk along the designated route.
(12)
The location by streets of any assembly areas for such
parade.
(13)
The time at which units of the parade will begin to
assemble at any such assembly areas
(14)
The interval of space to be maintained between units of
such parade.
(15)
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 City Manager a
communication in writing from the person proposing to
hold the parade, authorizing the applicant to apply for the
permit on his behalf.
IV. Standards for Issuance.
(a) The City Manager shall issue a parade permit when, from a
consideration of the application and from such other information as
may otherwise be obtained, he finds that:
(1) The conduct of the parade will not substantially interrupt
the safe and orderly movement of other traffic contiguous
to its route.
(2) The conduct of the parade will not require the diversion of
so great a number of police officers to properly police the
line of movement and the areas contiguous thereto as to
prevent normal police protection to the city.
(3) The conduct of such parade will not require the diversion of
so great a number of emergency services personnel and
equipment as to prevent normal emergency service to
portions of the city other than that to be occupied by the
proposed line of march and areas contiguous thereto.
(4) The concentration of persons, animal and vehicles at
assembly points of the parade will not unduly interfere with
proper fire and police protection of or emergency service to
areas contiguous to such assembly areas
(5) The conduct of such parade will not interfere with the
movement of firefighting equipment en route to a fire.
(6) The parade is scheduled to move fmn its point of origin to
its point of termination expeditiously and without
unreasonable delays en route.
(7) The conduct of such parade will not unreasonably restrict
citizen access to homes and businesses along the parade
route.
(b) If the City Manager finds that any of these standards are not met,
he will weigh public safety and the right of citizens to have
unimpeded access to homes and businesses along theparade route
against the right of parade organizers to conduct such a parade on
public rights of way and issue an alternative permit which modifies
the conditions requested in the application which balances these
competing rights.
III. Notice of rejection.
The City Manager shall act upon the application for a parade permit within
five days after the filing thereof or sooner if time is of the essence. If the City Manager rejects
the application, he shall deliver to the applicant within five days after the date upon which the
application was filed, or sooner if time is of the essence, a notice of his action, stating his reasons
for his denial of the permit.
IV. Alternative permit.
The City Manager, 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 three days after notice of the action of the City Manager, file a written notice of
acceptance with the City Manager. An alternate parade permit shall conform to the requirements
of and shall have the effect of a parade permit under this article. An applicant whose application
for a parade permit has been denied by the City Manager is not compelled to accept an alternate
parade permit and may appeal as provided in this division.
V. Notice to city official upon issuance.
Immediately upon the issuance of a parade permit, the City Manager shall
send a copy thereof to the following persons:
(1) The Mayor and Board of Commissioners
(2) The Chief of Police
(3) The City Attorney
(4) The Fire Chief
(5) The Public Works Director
VI. Contents.
Each parade permit shall state the following information:
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(1) Starting time
(2) Minimum speed
(3) Maximum speed
(4) Maximum interval of space to be maintained between the units of
the parade.
(5) The portions of the streets or public ways to be traversed that may
be occupied by the parade.
(6) The maximum length of the parade in miles or fractions thereof.
(7) Such other information as the City Manager shall deem necessary
to the enforcement of the article.
VII. Possession.
The parade chairman of other person heading or leading such activity shall
carry the parade permit upon his or her person during the conduct of the parade.
VIII. Revocation.
(a) The City Manager shall have the authority to revoke a parade
permit issued under this division upon application of the standards
for issuance as set forth in this entire ordinance.
(b) The Chief of Police shall have the authority at any time to revoke
or suspend a parade permit for an indefinite period of time under
exigent circumstances or the threat thereof which present a
reasonable concern for public safety.
IX. Appeals.
Any person aggrieved by a decision of the City Manager under this
division shall have the right to appeal the denial of a parade permit to the Mayor and Board of
Commissioners. The appeal shall be taken within three days after receipt of notice of rejection
from the city manager and shall have a hearing before The Mayor and Board of Commissioners
on its next regularly scheduled meeting. If notice of rejection by the City Manager has been
received by the applicant and the notice of rejection is received more than seven days before the
next regularly scheduled meeting of the Mayor and Board of Commissioners, the aggrieved
applicant may, in circumstances where time is of the essence, contact the Mayor within three
days of receipt of notice of rejection and shall have a hearing before the Mayor and Board of
Commissioners at a special called meeting of the Mayor and Board of Commissioners by the
Mayor to consider the petitioner's appeal. For purposes of this subsection, the term "time of the
essence" is defined as meaning that unless prompt attention is paid to the applicant's appeal the
time of conducting the parade originally requested in the application will have passed prior to the
next regularly scheduled meeting of the Mayor and Board of Commissioners. The Mayor and
Board of Commissioners shall act upon the appeal no later than three days after it receipt or,
when time is of the essence, sooner as the facts and circumstances of the individual case require.
SECTION 3. This ordinance shall be read o
effective upon summary publication pursuant to KRS Chapt
ATTEST:
Lenita Smith, City Clerk
Introduced by the Board of Commissioners April 24, 2001
Adopted by the Board of Commissioners May 8, 2001
Recorded by Lenita Smith, City Clerk, May 8, 2001
Published by The Paducah Sun, d
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