§ 27-419. Issuance or denial of permit.  


Latest version.
  • (a)

    The Chief of Police, or his designee, shall issue the permit within five days of receipt of the completed application, and in any event prior to the scheduled parade or public assembly, if the proposed marathon and walking or physical endurance contest or exhibition, parade or public assembly will not endanger the public health, welfare or safety, after applying the following criteria and finding that:

    (1)

    The time, duration, route and size of the parade or assembly will not unreasonably interrupt the safe and orderly movement of vehicular or pedestrian traffic or the normal use of public property in a place open to the general public;

    (2)

    The parade or assembly is not of such a nature that it will require diversion of so great a number of police and fire personnel to properly police the line of movement in the areas contiguous thereto so as to impair the normal protection of the remainder of the City;

    (3)

    The applicant has, where appropriate, designated monitors sufficient to control the orderly conduct of the parade or assembly in conformity with such permit;

    (4)

    The applicant has, where appropriate, agreed to be responsible for having appropriate traffic control devices installed in accordance with the Uniform Manual on Traffic Control Devices to close roadways to vehicular traffic sufficient to control the orderly conduct of the parade or assembly in conformity with such permit;

    (5)

    The conduct of the parade or assembly will not unduly interfere with the proper fire and police protection of, or ambulance service to, the remainder of the City, or unreasonably disrupt other public services and protection normally provided to the City;

    (6)

    The parade or assembly will not interfere with another parade or assembly for which a permit has been granted; and

    (7)

    The parade or assembly proposed will not violate, and will conform with all applicable State regulations and laws governing the proposed event.

    (b)

    For marathons and walking or physical endurance contests or exhibitions, parades or public assemblies held on a regular or recurring basis at the same location, an application for an annual permit covering all such parades or assemblies during the calendar year may be filed with the Chief of Police, or his designee, at least 15 and not more than 60 days before the date and time at which the first such parade or public assembly is proposed to commence. The Chief of Police, or his designee, may and shall make reasonable efforts to consider an application hereunder which is filed less than 15 days before the date and time at which the first parade or assembly is proposed to commence, after due consideration of the factors specified in Section 27-418(c).

    (c)

    If the Chief of Police, or his designee, denies an application, he shall promptly attempt to call and shall promptly mail to the applicant a notice of his action, stating the reasons for his denial of the permit and notifying the applicant of his right to appeal the denial pursuant to Section 27-423.

    (d)

    If two or more applications are submitted requesting a permit under this article for a parade or assembly to be used at the same time and place, the application first filed shall be granted if it meets the requirements of this article.

    (e)

    Nothing in this article shall permit the Chief of Police, or his designee, to deny a permit based upon political, social or religious grounds or reasons or based upon the content of the views expressed. Denial of a permit on such grounds is prohibited.

    (Code 2004, § 102-504; Ord. No. 2003-348-307, § 2(28-404), 11-10-2003)

(Code 2004, § 102-504; Ord. No. 2003-348-307, § 2(28-404), 11-10-2003)