[HISTORY: Adopted by the Town Council of the Town of Pine Ridge as Ch. 6, Art. V, of the Town Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
PARADE
Any march, ceremony, show, exhibition, pageant, procession of any kind, rally, or demonstration, or any similar display in or upon any street, sidewalk, public place, park or other outdoor places owned or under control of the Town.
UNIT
A person, animal, vehicle or conveyance participating in a parade.
It shall be unlawful for any person to engage in, participate in, aid, form, start, or stage any parade or procession on any of the streets or in any other public places without a permit from the Chief of Police to do so; provided, however, that funeral processions and governmental agencies acting within the scope of their official functions, are excepted from this chapter.
A person seeking a parade permit shall file an application with the Chief of Police on forms provided by the Chief of Police.
A. 
Filing period. An application for a parade permit shall be filed with the Chief of Police not less than seven days before the date on which it is proposed to conduct the parade and not less than 30 days before the date on which it is proposed to conduct the parade if the number of actual or anticipated participants exceeds 200.
B. 
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 such parade and the signature of the person or his/her authorized agent;
(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 organizations; written authorization must be submitted by an applicant seeking a permit for another person;
(3) 
The name, address and telephone number of the person who will be the parade Chairperson or have responsibility for its conduct;
(4) 
The date the parade is to be conducted;
(5) 
The route to be traveled, to include the starting point and the point of termination;
(6) 
The approximate number of persons who, and animals and vehicles which, will constitute such parade, the type of animals, and description of the vehicles; the composition and interval of space between units;
(7) 
The hours when such parade will start and terminate;
(8) 
The location by either street and block location or other reasonable physical description of any and all assembly areas for such parade, together with the time at which units of the parade will begin to assemble;
(9) 
The purpose of the parade, although there will be no refusal of a permit based on purpose alone, unless such purpose comes into conflict with the conditions and requirements hereinafter set forth under standards of issuance; and
(10) 
Any additional information which the Chief of Police shall find reasonably necessary to a fair determination as to whether a permit should be issued.
C. 
Late applications. Where good cause is shown therefore, the Chief of Police shall have the authority to consider any application hereunder which is filed in less than the required periods applicable for the size of parade proposed.
A. 
The Chief of Police shall issue a permit as provided for hereunder when, from a consideration of the application and from other such information, reasonable and reliable in nature and in content as may otherwise be obtained, he/she finds that:
(1) 
The conduct of the parade will not substantially interrupt the safe and orderly movement of other traffic and will proceed along the prescribed route of march only once;
(2) 
The concentration of persons, animals, and vehicles at assembly points of the parade will not unduly interfere with proper fire and police protection, or ambulance service, or cause diversion of a number of police, fire, rescue or health personnel which would hamper normal health or safety services to the public;
(3) 
The conduct of the parade is not reasonably likely to cause congestion, excessive noise, injury to persons or property or to provoke disorderly conduct, riot, disturbance, or breach of the peace;
(4) 
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. Provided, however, the prohibition against advertising any product, goods or event, shall not apply to signs identifying organizations or sponsors furnishing or sponsoring floats or transportation for the parade.
B. 
Provided, however, if the Chief of Police finds that the parade permit requested is both subsequent and similar in purpose and/or person to parades previously requested and held during the same calendar year and are so unreasonably repetitious as to constitute an inconvenience to the public in its use of the parade routes and their contiguous places of business and of public use, access, and enjoyment, he/she may deny the application.
The Chief of Police shall act upon the application for a parade permit within three days after the filing thereof. If the Chief of Police disapproves the application, he/she shall mail to the applicant, by return receipt certified mail within three days after the date upon which the application was filed, a notice of his/her action, setting forth the reason(s) for his/her denial of the permit.
The Chief of Police in denying an application for a parade permit shall be empowered to authorize the conduct of the parade with variances in any of the following items: date, time, route, size, spacing, or duration if a compelling interest is involved. An applicant desiring to accept an alternate permit, shall within three 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.
Any person aggrieved shall have the right to appeal the denial of a parade permit to the Town council. The appeal shall be taken within five days after receipt of the notice of denial. The Town council shall act not later than its next regular meeting after receipt of the notice of appeal. The standards for issuance in this chapter shall apply on appeal and the rules of procedure shall be set by Town council. Parties shall have the right to be represented by counsel, present testimony and evidence, and cross-examine witnesses. Proceedings shall be recorded and transcribed at the expense of the requesting party. The decision of Town council shall be in writing with reasons stated.
Immediately upon the issuance of a parade permit, the Chief of Police shall send a copy thereof to the following:
A. 
The Mayor and Council;
B. 
The Town Administrator;
[Amended 9-10-2013 by Ord. No. 2013-10]
C. 
The Fire Chief;
D. 
The ambulance service;
E. 
All law enforcement agencies likely to be involved; and
F. 
The Town Attorney.
Each parade permit shall state the following information and conditions where applicable:
A. 
Name, address and capacity of responsible person;
B. 
Date, starting and ending times;
C. 
Starting point, route and ending point;
D. 
Number of units and space intervals between units;
E. 
Minimum and maximum speeds, and stopping conditions;
F. 
Limits on the portions of traversed streets to be occupied by the parade;
G. 
Limitations on types of units permitted;
H. 
Parking requirements for parade participants;
I. 
Staging area requirements;
J. 
Law enforcement escort requirements;
K. 
The following conduct requirements:
(1) 
Except for military forces of the United States and law enforcement officers, no participants shall be armed with any weapon or carry any object which could be used as a weapon;
(2) 
No participants shall use abusive or obscene language or gestures toward spectators, engage in disorderly or riotous conduct, make loud noises, injure persons or property, obstruct access to public or private property, disturb or breach the peace; litter or distribute commercial material;
L. 
Notice that the parade permit may be summarily revoked for violation of this ordinance or permit conditions, or in event of emergency affecting public health or safety, in addition to appropriate legal action;
M. 
Notice that the responsible permit holder and participants engage in the permitted parade at their own risk as to persons and property; and
N. 
The requirement that the responsible person acknowledge receipt and acceptance of the permit and conditions by return within three days to the Chief of Police a dated and signed copy of the permit provided.
The parade Chairperson or other person heading or leading such activity shall carry the parade permit upon his/her person during the conduct of the parade.
A. 
Interference. 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.
B. 
Driving through parades. No driver of any vehicle 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.
C. 
Parking on parade route. 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 may post signs to such effect, and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof.
The Chief of Police shall have the authority to summarily revoke a parade permit issued hereunder upon violation of the standards of issuance as set forth in this chapter, or in the event of emergency affecting public safety or health.
It shall be unlawful for any person to fail or refuse to comply with the provisions of this chapter, or the terms and conditions of any permit issued hereunder.