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HomeMy WebLinkAbout1970-0702 - Ordinance - 09/28/1970ORDINANCE NO. 702 AN ORDINANCE OF THE CITY OF COLLEGE STATION, TEXAS REGULATING PARADES; AUTHORIZING THE CITY MANAGER TO RECEIVE APPLICATIONS AND ISSUE PERMITS; PROVIDING STANDARDS FOR ISSUANCE THEREOF; PROVIDING FOR NOTICE OF RE- JECTIONS; PRESCRIBING DUTIES OF PERMITTEES; MAKING IT UNLAWFUL TO CONDUCT A PARADE WITHOUT A PERMIT AND REQUIRING COMPLIANCE WITH PERMIT CON- DITIONS AND APPLICABLE LAWS AND ORDINANCES; NOTICE TO CITY OFFICIALS UPON ISSUANCE OF PARADE PERMIT; PUBLIC CONDUCT DURING PARADES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: Section 1. This ordinance shall be known and may be cited as the "Parade Ordinance" of the City of College Station, Texas. Section 2. Definitions. A. "Parade" is any parade, march, ceremony, or procession of any kind, or any similar display in or upon any public roadway, sidewalk, park, or other public place in the city, consisting of fifty or more persons or twenty-five or more beasts of burden, or twenty-five or more vehicles. B. "Parade Permit" is a permit as required by this Ordinance. C. "Person" is any person, group, firm, partnership, association, corporation, company or organization of any kind. Section 3. Permit Re uired. No person shall engage in, participate in, aid, form, or start any parade, unless a parade permit shall have been obtained from the City Manager of the City of College Station, Texas. Exceptions. This Ordinance shall not apply to: (a) Funeral processions; (b) Students going to and from school classes or participating in educational activities, providing such conduct is under the immediate direction and supervision of the proper school authorities; (c) A government agency acting within the scope of its functions. Ordinance No. 702 Section 4. Application. Page 2 A person seeking issuance of a parade permit shall file an application with the City Manager on forms provided by the City Manager. A. Filing Period. An application for a parade permit shall be filed with the City Manager not less than seven (7) days nor more than twenty (20 ) days before the date on which it is proposed to conduct the parade. 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; 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 head- quarters of the organization, and of the authorized and responsible heads of such organization; 3. The name, address and telephone number of the person who will be the parade chairman and who will be responsible for its conduct; 4. The date when the parade is to be conducted; 5. The route to be traveled, the starting point 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 des- cription of the vehicles; 7. The hours when such parade will start and terminate; 8. A statement as to whether the parade will occupy all or only a portion of the width of the streets or sidewalks proposed to be traversed; 9. The location by streets of any assembly areas for such parade; 10. The time at which units of the parade will begin to assemble at any such assembly area or areas; 11. The interval of space to be maintained between units of such parade; 12. 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; 13. Any additional information which the City Manager shall find reasonably necessary to be a fair determination as to whether a permit should be issued. C. Late Applications. The City Manager, where good cause is shown therefor, shall have the authority to consider any application hereunder which is filed less than seven (7) days before the date such parade is proposed to be conducted. Ordinance No. 702 Page 3 D. If the application is made on behalf of any other person, organization, firm, or corporation, that the applicant is fully authorized to act and contract for such other person, organization, firm or corporation. E. That the applicant and any other persons, organizations, firms and corporations on whose behalf the application is made do contract and agree that they will, jointly and severally, indemnify and hold the City of College Station harmless against liability for any and all claims for damage to property or injury to or death of persons arising out of or resulting from the issuance of the permit or the conduct of the parade or its participants. Section 5. Standards for Issuance. The City Manager of the City of College Station shall issue a permit as provided for hereunder when, from a consideration of the application and from such other infor- mation as may otherwise be obtained, he finds that: A. The conduct of the parade will not substantially interrupt the safe and orderly movement of other traffic, both vehicular and pedestrian; B. The conduct of the parade will not require the diversion of so great a number of police officers of the City to properly police the line of movement and to prevent normal police protection to the City; C. The conduct of such parade will not require the diversion of so great a number of people, as to prevent normal ambulance service to all portions of the City; D. 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; E. The conduct of such parade will not interfere with the movement of the fire- fighting equipment enroute to a fire; F. The conduct of the parade is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct or create a disturbance; G. The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays enroute; H. 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. I. The parade is of sufficient interest to the general public as to justify the temporary closing of the public roadways to vehicles and pedestrians. 2 f� Ordinance No. 702 Section 6. Notice of Rejection. Page 4 If the City Manager disapproves the application, he shall mail to the applicant within three (3) days after the date upon which the application was filed, a notice of such denial. Section 7. Appeal Procedure if Permit Denied. Any person aggrieved shall have the right of appeal of the denial of a parade permit to the City Council. The appeal shall be made within three (3) days after notice of denial from the City Manager. The City Council will act upon the appeal at its next regular meeting. Section 8. Notice to city and other officials upon issuance of Parade Permit. Immediately upon the issuance of a parade permit, the City Manager shall send a copy thereof to the following: A. Police Chief B. Fire Chief C. Director of Public Works Section 9. Public conduct during Parades. A. Interference. No person shall unreasonably hamper, obstruct or impede, or interfere with any parade or parade assembly or with any person, vehicle or animals participating or used in a parade. B. Driving through parades. No driver of a vehicle, bus, bicycle, street car or trackless trolley 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 shall post signs to such effect, and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof. Section 10. Duties of Permittee: A permittee hereunder shall comply with all permit directions and conditions and with all applicable laws and ordinances. The parade chairman or other person heading or leading such activity shall carry the parade permit upon his person during the conduct of the parade. Ordinance No. 702 Page 5 Section 11. Unlawful to Parade without Permit, Compliance with Permit and Applicable Laws and Ordinances. It shall be unlawful for any person to engage in, participate in, aid, form or start any parade, unless a parade permit shall have been obtained as herein provided, and it shall be unlawful for any person participating in any parade, 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. Section 12. Obedience to other laws required. This ordinance shall not be construed to authorize the use of the public roadways by assemblies or processions of less than fifty (50) persons or less than twenty-five vehicles or less than twenty-five beasts of burden except in exact compliance with the laws of the State of Texas and other ordinances of the City applicable thereto and persons who violate such other laws and ordinances shall be punished according to the provisions of the other applicable laws and ordinances. SPntinn 1 Any persons found to be in violation of any provisions of this ordinance may be arrested by a police officer without a warrant for prosecution. He shall be punished by a fine of not exceeding two ---hundred dollars ($200. 00) and each day any such violation continues shall constitute a separate offense. Section 14. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 15. WHEREAS, an emergency is apparent for the immediate preservation of the health, safety, and general welfare of the public that requires this Ordinance to become effective immediately, therefore, it shall be effective from and after the date of its passage and publication. PASSED AND APPROVED this 28th day of September, 1970. APPROVED: Mayor ATT ST : C Secretary Q10,56 las