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HomeMy WebLinkAbout1992-1983 - Ordinance - 10/22/1992ORDINANCE NO. 1983 AN ORDINANCE AMENDING CHAPTER 4, SECTION 3, OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION RELATING TO PARADES AND MOTORCADES. WHEREAS, the City of College Station periodically reviews it ordinances; and WHEREAS, the City of College Station desires to protect its citizens' First Amendment Rights; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION: That Chapter 4, Section 3, of the Code of City of College Station relating to parades hereby amended to read as follows: Ordinances of the and motorcades is "SECTION 3: PARADES AND MOTORCADES A. DEFINITIONS (1) Parade. Parade means any march or procession consisting of people, animals or vehicles, or a combination thereof, including athletic events and excepting funeral processions, upon any public street, side- walk or alley which does not comply with normal or usual traffic regulations or controls. (2) Motorcade. Motorcade means any organized procession containing ten (10) or more motor vehicles, except funeral pro- cessions, upon any public street, sidewalk or alley. B. pERMITS It shall be unlawful for any person to conduct a parade or motorcade in or upon any public street, sidewalk or alley in the City, or knowingly participate in any such parade or motorcade unless and until a permit to conduct such parade or motorcade has been obtained from the Building Official or as hereinafter provided from the City Manager. C. PARADE OR MOTORCADE FOR COMMERCIAL PURPOSE PROHIBITED No permit shell be issued authorizing the conducting of a parade or motorcade which the Building official finds is Ordinance No. 1983 Page 2 De proposed to be held for the sole purpose of advertising any product, goods, wares, or merchandise and is designed to be held purely for profit. INTERFERENCE WITH PARADE OR MOTORCADE No person shall knowingly join or participate in any parade or motorcade conducted under permit from the Building official in violation of any of the terms of said permit, nor knowingly join or participate in any permitted parade or motorcade without the consent and over the objection of the permittee, nor in any manner interfere with its progress or orderly conduct. APPLICATION FOR PERMIT Any person who wants to conduct a parade or motorcade shall apply to the Building Official for a permit at least thirty (30) days in advance of the date of the pro- posed parade or motorcade. The Building Official may, in his discretion, consider any application for a permit to conduct a parade or motorcade which is filed less than thirty (30) days prior to the date such parade or motor- cade is to be conducted. The application for such permit shall be made in writing on a form approved by the Build- ing Official in order that adequate arrangements may be made for the proper policing of the parade or motorcade. The application shall contain the following information= The name of the applicant, the sponsoring organiza- tion, the parade or motorcade chairman, and the address(es) and phone number(s). (2) The purpose of the parade or motorcade, the date when it is proposed to be conducted, the proposed location of the assembly area, the proposed location of the disbanding area, the proposed route to be traveled, and the approximate time when the parade or motorcade is proposed to assemble, start and ter- minate. (3) A description of the number of individual partici- pants, floats, marching units, vehicles, and bands. (4) A description of any sound amplification equipment to be used. (5) A description of the provisions made for cleanup. Ordinance No. 1983 Page ISSUANCE OR DENIAL OF P~RMIT (1) Standards for Issuance. The Building official shall issue a parade or motor- cade permit conditioned upon the applicant's written agreement to comply with the terms of such permit unless the Chief of Police finds that: (a) The time route, and size of the parade or motorcade will disrupt to an unreasonable extent the movement of other traffic. The parade or motorcade is of a size or nature that it requires the diversion of so great a number of police officers of the City to prop- erly police the line of movement and the areas contiguous thereto that allowing the parade or motorcade would deny reasonable police protec- tion to the City. (c) Such parade or motorcade will not interfere with another parade or motorcade for which a permit has been issued. (2) Chief of Fire Department The Building Official shall issue a parade or motor- cade permit conditioned upon the applicant's written agreement to comply with the terms of such permit unless the Chief of the Fire Department finds that: (a) The materials used in the construction of floats used in any parade fail to meet fire safety requirements. (b) Provision cannot be made to allow free movement of equipment from one part of the City to another. (c) Applicant intends to use open flames or torches. (3) Traffic Engineer The Building official shall issue a parade or motor- cade permit conditioned upon the applicant's written agreement to comply with the terms of such permit unless the Traffic Engineer finds that any float has a height greater than fifteen feet (1§~). Ordinance No. 1983 Page 4 (4) Standards for Denial The Building official shall deny any application for a parade or motorcade permit notifying the applicant of such denial where: (a) The Chief of Police makes a finding contrary to the findings required to be made for the issuance of a permit. (b) The Chief of the Fire Department makes a find- lng contrary to the findings required to be made for the issuance of a permit. (c) The Traffic Engineer makes a finding contrary to the findings required to be made for the issuance of a permit. (d) The information contained in the application is found to be false or non-existent in any mate- rial detail. (e) The applicant refuses to agree to, to abide by, or to comply with all conditions of the permit. The Building official cannot make changes to the application that would allow the parade or motorcade to be executed in a reasonable fash- ion pursuant to Section 6A. (5) Other Requirements (a) The attendance of such police officers as the Chief of Police may deem necessary for the con- trolling of persons in the assembly and to pre- vent overcrowding and for such other control as may be necessary to render such parade or motorcade safe for the public. When the pres- ence of City police officers is deemed neces- sary, every applicant shall pay to City revenue for the services of such personnel, which revenue shall be determined by the Chief of Police and paid into the General Fund. (b) If the Chief of the Fire Department determines that the attendance of any fire apparatus or equipment is necessary at or in the vicinity of such parade for fire protection, he shall so notify the Building Official who shall so Ordinance No. 1983 Page notify the applicant before approval of the application. Every applicant shall, when the presence of City fire equipment is necessary, pay to the City revenue for the use of such equipment and]or personnel, which revenue shall be determined by the Chief of the Fire Depart- ment and paid into the General Fund. If the Traffic Engineer determines that the attendance of personnel or equipment is neces- sary at or in the vicinity of such parade or motorcade, he shall so notify the Building Official who shall notify the applicant before approval of the application. Every applicant shall, when the presence of City traffic equip- ment and personnel is deemed necessary, pay to the City revenue for this use of such equipment and/or personnel, which revenue shall be deter- mined by the Traffic Engineer and paid into the general fund. This subsection will not apply to applicants conducting lawful expressions of opinion protected under the First Amendment of the United States Constitution. CONTENTS OF PERMIT In each permit, the Building Official shall specify: (1) The assembly area and time therefor. (2) The starting time. (3) The minimum and maximum speeds. (4) The route of the parade or motorcade. (5) What portions of streets to be transversed may be occupied by such parade or motorcade. (6) The maximum number of units and the maximum and minimum intervals of space to be maintained between the units of such parade or motorcade. (7) The maximum length of such parade or motorcade in miles or fractions thereof. (8) The disbanding area and disbanding time. Ordinance No. 1983 Page 6 (9) The number of persons required to monitor the parade or motorcade. (10) The number and type of vehicles, if any. (11) The material and the maximum size of any sign, banner, placard or carrying device therefor. (12) The cleanup requirements. (13) The permittee shall advise all participants in the parade or motorcade, either orally or by written notice, of the terms and conditions of the permit prior to the commencement of such parade or motor- cade. (14) The amplification of sound permitted to be emitted from sound trucks or bullhorns shall be fixed and not variable. (15) That the parade or motorcade continue to move at a fixed rate of speed and that any willful delay or willful stopping of said parade or motorcade, except when reasonably required for the safe and orderly conduct of the parade or motorcade, shall constitute a violation of the permit. (16) Such other requirements as are found by the Building official to be reasonably necessary for the protec- tion of persons or property. All conditions of the permit shall be complied with so far as reasonably practicable. DENIAL/APPELLATE REVIEW Upon denial by the Building official of an application made pursuant to subsection F of this section, the appli- cant may appeal from the determination of the Building Official within five (5) days thereafter to the City Manager by filing a written notice of appeal for hearing by the City Manager. Upon such appeal, the city Manager may reverse, affirm, or modify in any regard the determi- nation of the Building Official. Such hearing shall be had within ten (10) days of receipt of the notice. The City Manager shall issue his decision within five (5) days of the hearing. In the event an application is not filed within the re- quired time as specified in Section F, Subsection 5, the Ordinance No. 1983 Page 7 Je applicant may request a waiver of such requirement by the City Manager; and the City Manager, if he finds unusual circumstances, and in the exercise of his sound discre- tion, may waive such requirement. City Manager may certify any question for Council review. Council shall have authority to review costs and waive any assessed cost. OFFICIALS TO BE NOTIFIED Immediately upon granting of a permit for a parade or motorcade, the Building Official, or, in the event of a granting of a permit by the City Manager, the City Manager, shall send a copy thereof to the following: (1) The Mayor (2) The City Manager (In the event of the City Manager granting the application, to the Building official) (3) The Chief of the Fire Department (4) The Public Works Director (5) The Parks Director (6) The Director of Planning (7) The Traffic Engineer (8) The Chief of Police REVOCATION OF A PERMIT Any permit for a parade or motorcade issued pursuant to this ordinance may be summarily revoked by the Building Official any time when by reason of disaster, public calamity, riot or other emergency, the Building Official determines that the safety of the public or property re- quires such revocation. Notice of such action revoking a permit shall be delivered in writing to the permittee by personal service or by certified mail. APPLICATION FEE upon submission of an application, an application fee shall be paid. The application fee shall be set by the city Council by resolution from time-to-time as the Coun- cil deems necessary. This application fee will not apply Ordinance No. 1983 Page 8 to applicants conducting lawful expressions of opinion protected under the First Amendment of the united States Constitution. L. CONTRACT Applicant, in tendering its application and receiving a license, agrees and contracts with the city that it will comply with all of the terms of the permit for the pur- pose of maintaining and assuring the health, safety and welfare of the residents of the City of College Station. M. PENALTIES (a) It shall be unlawful for any person to engage and participate in, aid, form, or start any parade or motorcade unless a parade or motorcade permit shall have been obtained as herein provided and it shall be unlawful for any person participating in any parade or motorcade for which a permit hereunder has been issued, to fail to comply with all directions and conditions of such permit and all applicable laws and ordinances. (b) Any person, firm, or corporation violating any of the provisions of this ordinance shall he fined not less than Twenty Dollars ($20.00) nor more than Two Hundred Dollars ($200.00) for each offense, and a separate offense shall be deemed committed on each day during which any violation occurs or continues. II. This ordinance shall become effective and he in full force and effect from and after its passage and approval by the City Council and duly attested by the Mayor and City Secretary. PASSED, ADOPTED and APPROVED this 22n~ay of October , 1992. ST= ~ ~,,~ C~hie Hooks, City Secretary