5.505 Parades – Permit

(1) Application for parade permits shall be made in writing to the chief of police or his designate at least 48 hours prior to the intended time of the parade, unless such application processing interval is waived by him. In considering whether to waive or increase this application processing interval, the police chief or his designate shall base his decision on the following criteria:

(a) Whether the size of the proposed parade is such that extra law enforcement resources are required and scheduling of the allocation of such resources requires further time;

(b) Whether additional time is needed to inform the public of the parade in order to avoid public inconvenience;

(c) Whether additional time is needed to evaluate the merits of issuing a permit.

(2) Applications shall include the following information:

(a) The name and address of the person responsible for the proposed parade;

(b) The date of the proposed parade;

(c) The desired route including assembling points;

(d) The number of persons, vehicles, and animals which will be participating in the parade;

(e) The proposed starting and ending time; and

(f) The signature of the person designated as chairman.

(3) If the chief of police or his designate, on receipt of the application determines that the parade can be conducted without endangering public safety and without seriously inconveniencing the general public, he shall approve the route and date and issue the permit. If the chief of police or his designate determines that the parade cannot be conducted at any place or at any time without endangering public safety, he shall deny the permit. In determining whether public safety is endangered by conducting the parade, the police chief shall consider whether reliable information shows that parade organizers intend to engage in violence during the course of the parade.

(4) If the chief of police or his designate determines that the parade as requested cannot be conducted without seriously inconveniencing the general public, he shall issue the permit with approval of a different route or date. In determining whether to propose a different route or date, the police chief shall consider the following criteria:

(a) Whether the parade is likely to cause excessive traffic congestion;

(b) Whether the parade is likely to interfere substantially with the orderly operation of governmental or private commercial business by blocking access to such enterprises for a long period of time.

(5) The chief of police shall notify the applicant of his decision within 48 hours of receipt of the application. If the chief of police or his designate refuses to issue a parade permit as requested, he shall issue written findings specifying the reasons for the decision and furnish those findings to the applicant with the notification of the decision.

(6) If the chief of police proposes alternatives or refuses to issue a permit, the applicant shall have the right to appeal his decision to the council.

(7) The chief of police shall develop and publish administrative rules governing the issuance of parade permits. Such rules may include, but not be limited to provisions which:

(a) Restrict the days and times for permissible parades;

(b) Designate certain major streets which cannot be used for parades; and

(c) Impose insurance obligations and costs for extra police services for the organizers of parades.