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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. 55 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: 56 57 (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 \winword\ord\parades