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HomeMy WebLinkAboutORD 85-115 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT BY ADDING A NEW "ARTICLE IV" TO BE ENTITLED "PARADES" ; PROVIDING DEFINITIONS; PROVIDING FOR PARADE PERMITS AND OTHER REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING FOR A PENALTY; AND RESERVING UNUSED SECTIONS. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section I . THAT Section 26-69 through Section 26-89 of the Code of Ordinances of the City of Beaumont, Texas, are hereby reserved for future use. THAT the Code of Ordinances of the City of Beaumont, Texas, is hereby amended by adding Article IV to Chapter 26 to be entitled "Parades" and by adding Sections under said Article IV, to be numbered 26-90 through 26-98, which said Sections shall read as follows: "Section 26-90. Definitions. As used in this article, the following words and terms shall have the meaning ascribed thereto: "Applicant" means a person who has filed a written application for a parade permit. "Parade" means an assembly of three (3 ) or more persons gathering for the common design of moving in or upon any public street from one location to any other location, whether on foot, on horseback, by mechanical conveyance, or otherwise, as part of a procession, march, pageant, ceremony, or like event. - 1 - "Commercial parade" means a parade sponsored other than by a non-profit organization, the purpose of which is to advertise a product, whether tangible or intangible, to advertise or promote an exhibition or theatrical performance, or otherwise operate to the pecuniary benefit of the sponsor. "Parade permit" means a written consent or permit to conduct a parade issued pursuant to written application and approval hereunder . "Street" means the entire width between the boundary lines of every road or way publicly maintained when any part thereof is open to the use of the public for vehicular traffic. "Permittee" means a person to whom a parade permit has been granted under this article. Section 26-91 . Parade permit required; exceptions. (a) It shall be unlawful to commence, conduct, aid, or engage in a parade upon any public street without having first secured a parade permit therefor from the chief of police. (b) The following activities shall be exempt from the requirement of a permit hereunder: ( 1 ) Funeral processions supervised by a licensed mortuary proceeding by a reasonable route from a funeral home, church, or residence of a deceased to a memorial service or place of internment; (2) Picketing or other peaceful demonstrations at a fixed location that is not a street; 2 - ( 3 ) Sidewalk processions conducted in accordance with all traffic regulations and other applicable laws and ordinances; (4) Processions, convoys, marches or similar activities conducted by members of the armed forces of the United States or the State of Texas while acting in the regular course and scope of their duties; (5 ) Processions, convoys, or the like conducted by members of the Beaumont Fire or Police Departments while acting in the regular course and scope of their duties; (6 ) Wedding processions proceeding by a reasonable route between the residence of a member of the matrimonial party, the place of performance of the matrimonial service, and/or the place of reception or matrimonial celebration; (7 ) Motorcades escorted by members of the Beaumont Police Department as a part of their assigned duties. Section 26-92 . Application for parade permit. (a) Applications for a parade permit must be filed with the chief of police no less than twenty-one ( 21) days prior to the date and time for commencement of such parade. (b) Each application for parade permit must be made on a form provided for this purpose by the chief of police. (c) Each application for parade permit shall be signed by 3 - the applicant, sworn to before an officer authorized to administer oaths, and contain the following information: (1 ) The name, address, and telephone number of the applicant; (2 ) The name, address and telephone number of any organization, firm, association, corporation, or other entity on whose behalf application is made; (3 ) Date and time proposed for commencement of the parade; (4) A statement of the anticipated duration of the parade; (5 ) A description of the specific parade route listing all streets to be utilized and the direction of flow from the point of commencement to termination; (6 ) The estimated number of persons to participate in the parade; (7 ) The estimated number of vehicles, floats, animals, motorized displays and the like to be utilized in the parade; (8) The estimated number of marching units, bands, color guards, drill teams and the like to participate in the parade. (d) If the applicant is acting on behalf of a corporation, association, firm, or other organization sponsoring the parade, the application must be accompanied by a copy of an appropriate resolution of the governing body of such corporation, firm, or other - 4 - dr'� —��� organization indicating its sponsorship of such parade and authorizing the applicant to act in its behalf in securing a permit therefor . (e) Upon receipt of an application for a parade permit, the chief of police shall forward a true copy of same to the fire chief and traffic engineer with a request for comments thereon. Section 26-93 . Standards for issuance; action on application. (a) A parade permit shall either be issued or denied within seven ( 7 ) days after the applications therefor being filed with the chief of police. (b) The chief of police may, in consultation with the city traffic engineer and fire chief, approve an application for 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. (c) Upon issuance of a parade permit, the chief of police shall forward a true copy of same to the city traffic engineer, fire chief and the office of the city manager . Section 26-94. Denial or revocation of permit. (a) It is the policy of the City of Beaumont that the - 5 - constitutional rights of citiznes are paramount in determining the granting or denying of parade permits; that citizens' rights governing non-commercial parades are different and superior to those governing commercial parades; the non-commercial parade permit shall not be denied, revoked, modified or curtailed because of content, subject matter or message delivered (or manner in which such message is delivered) to the extend that it amounts to a denial of infringement of political, freedom of speech, or other constitutional rights guaranteed citizens under the Texas and United States constitutions; therefore, with the foregoing policy of this city governing, the chief of police or his designee shall consider the following in denying, revoking or modifying parade permits: (1 ) If the information contained in the application for 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, fire marshall, or their respective designees, respecting the conduct of the 6 - 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 or his designee shall provide, at the time of denial 7 - or revocation, such oral or written notice of denial or revocation that is feasible under the circumstances then existing and, in addition, shall within one ( 1 ) day thereafter, provide written notice to the applicant setting forth the specific reasons forming the basis for denial or revocation. Such written notice shall be sufficient if same is made available to permittee at a designated place from 8 :00 a.m. to 5 :00 p.m. each day of the week and a copy is mailed to permittee at such address as, and only if, requested by permittee within one ( 1 ) day of such action. Section 26-95 . Appeal procedure; final decision. (a) Any applicant may appeal the decision of the chief of police or his designee 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, his designee, 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 - 8 - procedures above described, the decision of the chief of police shall be final. An appeal from the decision of the chief of police or his designee 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. Section 26-96. 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 traffic engineer are authorized to prohibit or restrict the parking of vehicles 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. 9 - ( 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 26-97 . Permit fees; commercial parades; reimbursement of costs. (a) The issuance of a permit for any parade other than a commercial parade as defined herein shall be fifty dollars ($50.00) . (b) An application for a permit to conduct a commercial parade shall be accompanied by a non-refundable permit fee of five hundred dollars ( $500.00) to reimburse the city for policing and cleanup costs incurred as a result of the conduct of such parade. Section 26-98. Enforcement. (a) Any person conducting, commencing, aiding or engaging in a parade without a parade permit, or otherwise violating any provision of this article, is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than two hundred dollars ($200.00) . (b) The chief of police, his authorized designee, any officer of the Beaumont Police Department, and the fire marshall or his authorized designee, are hereby authorized to issue summons and citations, as applicable, for violations of this article. (c) Anyone involved in or participating in a parade without first receiving a permit as outlined herein or after being directed to cease and desist and informed that the parade is unlawful because it is without a permit shall individually be in violation of 10 - this ordinance, shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than one hundred dollars ($100.00) nor more than two hundred dollars ( $200.00) . PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of �/1��Qyrz� 1985. Mayor - - 11 -