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HomeMy WebLinkAboutORD 08-028 ORDINANCE NO. 08-028 ENTITLED AN ORDINANCE AMENDING CHAPTER 26, ARTICLE IV, BY AMENDING AND RENUMBERING SECTIONS 26-93 THROUGH 26-97 OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. WHEREAS, the City of Beaumont endeavors to maintain a clear, comprehensible, and cohesive Code of Ordinances; and, WHEREAS, the City is therefore revising its Code to conform with current law and court interpretation; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That Chapter 26, Article IV, Sections 26-93 through 26-97 be and the same are hereby amended to read as follows: Sec. 26-93. Permit fees; reimbursement of costs. (a) An application for a permit to conduct a commercial parade shall be accompanied by a nonrefundable permit fee of five hundred dollars ($500.00) to reimburse the city for administrative and cleanup costs incurred as a result of the conduct of such parade. The applicant for a commercial parade permit will also be responsible for police costs, cleanup expenses, and other service costs identified by the city. An estimate of these costs will be provided when the permit is secured. (b) An application for a permit to conduct a non-commercial parade shall be accompanied by a nonrefundable permit fee of two hundred fifty dollars ($250.00)to reimburse the city for administrative costs incurred as a result of the conduct of such parade. Police, cleanup, and other services will be paid by the city. Sec. 26-94. Standards for issuance; action on application. (a) The chief of police may, in consultation with the public works director and fire chief, approve an application for a parade permit subject to reasonable terms and conditions relating to the time, place or manner for conduct of the parade, including, but not limited to: (1) The establishment of an alternate time for conduct of the parade; (2) The establishment of an alternate route for conduct of the parade; (3) Reasonable regulations regarding the width and length of the parade. (b) A parade permit shall either be issued or denied within seven (7) days after the applications therefor being filed with the chief of police. (c) Upon issuance of a parade permit by the city, all appropriate departments shall be notified. A copy of said permit shall be maintained on file for review. Sec. 26-95. Denial or revocation of permit. (a) It is the policy of the City of Beaumont that the constitutional rights of citizens be fully considered in determining the granting or denying of parade permits and that citizens'rights governing noncommercial parades are different and superior to those governing commercial parades. Therefore, the chief of police shall consider the following in denying, revoking or modifying parade permits: (1) If the information contained in the application for a parade permit is found to be false or incomplete in any material aspect; or (2) If the public peace, health, safety, or welfare will be endangered by the conduct of the parade or that conduct of the same is reasonably likely to engender a riot, civil disturbance, or other public calamity; or (3) Permittee has conducted or is conducting a parade in violation of this article or other applicable laws and ordinances affecting such activity; or (4) If the permittee fails to obey any lawful order of the chief of police, fire chief, or their respective designees, respecting the conduct of the parade, or any term or condition to which the approval of the parade permit is made subject; or (5) If the parade fails to commence within thirty (30) minutes of the appointed time for commencement; or (6) If the conduct of the parade at the time and place or in the manner proposed will substantially disrupt the safe and orderly movement of traffic contiguous to the parade route; or (7) The parade will require diversion of so great a number of police officers that the provision of adequate police service to the remainder of the city will be rendered impossible; or (8) If the concentration of persons, animals, and vehicles at points of assembly and disassembly is reasonably likely to interfere with the provisions of adequate fire, police, and other emergency services to other parts of the city; or (9) Conduct of the parade is reasonably likely to result in harm to persons or property; or (10) If emergency conditions or other exigent circumstances then existing within the city require that the public streets remain open to the free and unencumbered transportation of emergency crews,equipment and materials. (b) In the event of denial or revocation hereunder, the chief of police shall provide, at the time of denial or revocation, such oral or written notice of denial or revocation that is feasible under the circumstances then existing and, in addition, within three days thereafter, shall provide written notice to the permittee or applicant setting forth the specific reasons forming the basis for denial or revocation. Such written notice shall be mailed to the permittee or applicant. Sec. 26-96. Appeal procedure; final decision. (a) Any applicant may appeal the decision of the chief of police to the city council. Such appeal may be accomplished by requesting the city manager, or whoever is acting in his place, to place such appeal upon the agenda of the next available regular council meeting. This shall be done so long as it does not have to be placed on such agenda as an emergency item. If circumstances prevent such appeal from being considered by the city council, then such appeal shall be considered by the city manager or whoever is acting in his place. The decision hereby rendered shall be final. If a decision is not rendered prior to three (3) full days before the commencement of the parade, such failure to act shall conclusively be presumed an approval of the decision of the chief of police. The lack of a decision shall be conclusively presumed an approval of the decision of the chief of police. In the absence of an appeal made in accordance with the procedures above described, the decision of the chief of police shall be final. (b) An appeal from the decision of the chief of police shall include a copy of the application for a permit and a statement of the action complained of. It shall be delivered to the office of the city manager together with applicant's request for an appeal. Such appeal shall not be considered as requested or filed without such material. Sec. 26-97. Interference with parade; driving through parade; parking on parade route. (a) It shall be unlawful for any person to obstruct, impede, or interfere in any form or manner with the progress of any parade or the persons, vehicles or animals comprising the parade from the point of commencement to the point of disassembly. (b) It shall be unlawful for any person to drive through or between the persons, vehicles, or animals comprising a parade from the point of commencement to the point of disassembly. (c) It shall be unlawful to park any vehicle along a public street constituting a portion of the parade route and conspicuously marked as such; in this connection,the chief of police and the public works director are authorized to prohibit or restrict the parking of vehicles as needed along the parade route and to cause the route to be conspicuously marked as such. (d) It shall be a defense to prosecution under the preceding subpart that the place where the vehicle was parked was not conspicuously designated as a parade route at the time of parking. (e) This section shall not apply to any member of the Beaumont Police or Fire Departments acting in the course and scope of their duties in monitoring, regulating and policing parade activity or otherwise. Section 2. That if any section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. That any person who violates any provision of this ordinance shall, upon conviction i be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 29th day of April, 2008. p,♦ M r Becky Ames -