Loading...
HomeMy WebLinkAboutOrdinance 98- 1458, Adds Ch. 12.32, parades and public assemblies ORDINANCE NO. 1458 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING A NEW CHAPTER TO BE NUMBERED CHAPTER 12.32, PROVIDING FOR THE ESTABLISHMENT OF PERMITS FOR PARADES AND PUBLIC ASSEMBLIES AND THE PUBLIC CONDUCT DURING PARADES AND PUBLIC ASSEMBLIES. . BE IT ORDAINED by the City Commission of the City of Bozeman, Montana, that Section 1 The Bozeman Municipal Code is hereby amended by adding a new chapter, to be numbered Chapter 12.32, to read as follows: "CHAPTER 12.32 PARADES AND PUBLIC ASSEMBLIES 12.32.100 Definitions. A. "City" means the City of Bozeman. B. "City Manager" means the City Manager of the City of Bozeman or his/her designee. C. "Parade" means any march, demonstration, procession or motorcade consisting of . persons, animals, or vehicles or a combination thereof upon the streets, parks or other public grounds with the City with an intent of attracting public attention that interferes with or has a tendency to interfere with the normal flow or regulation of traffic upon the streets, parks or other public grounds. D. "Parade or public assembly permit" means a permit as required by this Chapter. E. "Person" means any person, firm, partnership, association, corporation, company or organization of any kind. F. "Public assembly" means any meeting, demonstration, picket line, rally or gathering of more than twenty~five (25) persons for a common purpose as a result of prior planning that interferes with or has a tendency to interfere with the normal flow or regulation of pedestrian or vehicular traffic or occupies any public area in a place open to the general . public. G. "Sidewalk" is any area or way set aside or open to the general public for purposes of pedestrian traffic, whether or not it is paved. H. "Street" is any place or way set aside or open to the general public for purposes of vehicular traffic, including any berm or shoulder parkway, right-of-way, or median strip thereof. - ....- -. .-. - --- ---- -..-...--.-..-. .-....-.---.- 12.32.110 Permit Required. No person shall engage in or conduct any parade or public assembly unless a permit is issued by the City Manager. 12.32.120 Exceptions. This chapter shall not apply to the following: . A. Funeral processions; B. Students going to and from school classes or participating in educational activities, provided that such conduct is under the immediate direction and supervision of the proper school authorities; C. A governmental agency acting within the scope of its functions; or D. Spontaneous events resulting in a public assembly occasioned by news or affairs coming into public knowledge within three (3) days of such public assembly, provided that the organizer thereof gives written notice to the City at least twenty-four (24) hours prior to such public assembly. 12.32.130 Application. A. A person seeking a parade or public assembly permit shall file an application with . the City Manager on forms provided by the City and the application shall be signed by the applicant. B. For single, non-recurring parades or public assemblies, an application for a permit shall be filed with the City Manager at least ten (10) and not more than one hundred eighty (180) days before the parade or public assembly is proposed to commence. The City Manager may waive the minimum ten (10) day filing period and accept an application filed within a shorter period if, after due consideration of the date, time, place, and nature of the parade or public assembly, the anticipated number of participants, and the City services required in connection with the event, the City Manager determines that the waiver will not present a hazard to public safety. C. For parades or public assemblies held on a regular or recurring basis at the same . location, an application for a permit covering all such parades or assemblies during that calendar year may be filed with the City Manager at least sixty (60) days and not more than one hundred eighty (180) days before the date and time at which the first such parade or public assembly is proposed to commence. The City Manager may waive the minimum sixty (60) day period after due consideration of the factors specified in subsection B above. - 2 - -- --------- -- -. ------..,, - D. The application for a parade or public assembly permit shall set forth the following information: 1 . The name, address and telephone number of the person seeking to conduct such parade or public assembly; 2. The names, addresses and telephone numbers of the headquarters of the organization for which the parade or public assembly is to be conducted, if any, and the authorized and responsible heads of the organization; . 3. The requested date of the parade or public assembly; 4. The route to be traveled from the established parade route listed in Section 12.32.160 or any proposed alternate route or deviation from the established parade routes, to include: the location of the assembly area, the location of the disbanding area, and route to be traveled, if not the defined route. 5. The approximate number of persons who, and animals and vehicles which will constitute such parade or public assembly and the type of animals and description of the vehicles; 6. The hours when such parade or public assembly will start and terminate; 7. A statement as to whether the parade or public assembly will occupy all or only a portion of the width of the streets proposed to be traversed; 8. The time at which units of the parade or public assembly will begin to assemble at any such area; . 9. The intervals of space to be maintained between units of such parade or public assembly; 10. If the parade or public assembly is designed to be held by, or on behalf of, any person other than the applicant, the applicant for such permit shall file a letter from that person with the City Manager authorizing the applicant to apply for the permit on his behalf; 11 . The type of public assembly, including a description of activities planned during the event; 12. A description of any recording equipment, sound amplification equipment, banners, signs, or other attention-getting devices to be used in connection with the parade or public assembly; 13. The approximate number of participants (spectators are by definition not participants); 14. The approximate number of spectators; 15. A designation of any public facilities or equipment to be utilized; and . 16. Any additional information that the City Manager finds reasonably necessary to a fair determination as to whether a permit should issue. 12.32.140 Fees. A. A non-refundable fee of to cover administrative costs of processing the permit shall be paid to the City by the applicant when the application is filed. The fee shall be set by resolution of the City Commission. - 3 - ~. ---.--.. B. If the application is for the use of any City property or if any City services shall be required for the parade or public assembly, the applicant shall pay, prior to the issuance of a permit, the charges for those services in accordance with a schedule of service costs approved by the City Commission by resolution. 12.32.150 Police Protection. . A. The City Manager, with advice from the Chief of Police, shall determine whether and to what extent additional police protection is reasonably necessary for the parade or public assembly for traffic control and public safety. The City Manager shall base this decision on the size, location, duration, time and date of the event, the expected sale or service of alcoholic beverages, the number of streets and intersections blocked, and the need to detour or preempt citizen travel and use of the streets and sidewalks. The speech content of the event shall not be a factor in determining the amount of police protection necessary. If possible, without disruption of ordinary police services or compromise of public safety, regularly scheduled on-duty personnel will police the event. If additional police protection for the public assembly is deemed necessary by the City Manager, he shall so inform the applicant for the permit. The applicant then shall have the duty to . secure the police protection deemed necessary by the City Manager at the sole expense of the applicant. B. Persons engaging in parades or public assemblies conducted for the sole purpose of public issue speech protected under the First Amendment are not required to pay for any police protection provided by the City. 12.32.160 Established Parade Route. Downtown parade route: A. Staging area. Staging shall be conducted on East Main Street between Rouse and Wallace. B. Route of travel. Route of travel shall commence from the staging area and travel west on Main Street to 11th Avenue. . C. Disband area. Disbanding shall be conducted on West Main Street between 11 th Avenue and 15th Avenue. 12.32.170 Standards for Issuance. A. The City Manager shall issue a permit, subject to any conditions he deems necessary and reasonable, as provided for herein when, from consideration of the application and for such other information as may otherwise be obtained, he finds that: - 4 - - .._ ________u 1 . The conduct of the parade or public assembly will not substantially interrupt the safe and orderly movement of other pedestrian or vehicular traffic contiguous to its route or location; 2. The conduct of the parade or public assembly will not require the diversion of so great a number of City police officers to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection of the City; 3. The concentration of persons, animals, and vehicles at public . assembly points of the parade or public assembly will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such public assembly areas; 4. The conduct of the parade or public assembly is not reasonably likely to cause injury to persons or property; 5. The parade or public assembly is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route; 6. Adequate sanitation and other required health facilities are or will be made available in or adjacent to any public assembly areas; 7. There are sufficient parking places near the site of the parade or public assembly to accommodate the number of vehicles reasonably expected; 8. The applicant has secured the police protection, if any. required under section 12.32.150; 9. Such parade or public assembly is not for the primary purpose of . advertising any product, goods or event that is primarily for private profit. and the parade itself is not primarily for profit. The prohibition against advertising any product, goods or event shall not apply to the signs identifying organizations or sponsors furnishing or sponsoring exhibits or structures used in the parade; 10. No parade or public assembly permit application for the same time and location is already granted or has been received and will be granted; 11 . A parade or public assembly permit application for the same time but for a different location is already granted or has been received and will be granted, and the police resources required for that prior parade or public assembly are so great that in combination with the subsequent proposed application, the resulting deployment of police services would have an immediate and adverse effect upon the welfare and safety of persons and property; and 12. No event is scheduled elsewhere in the City where the police resources required for that event are so great that the deployment of police services for the proposed parade or public assembly would have an immediate and adverse effect upon the welfare and safety of persons and property . . B. No permit shall be granted that allows for the erection or placement of any structure, whether permanent or temporary, on a City street, sidewalk, or right-of-way unless advance approval for the erection or placement of the structure is obtained from the City Manager. .5- 12.32.180 Non-Discrimination. The City Manager shall uniformly consider each application upon its merits and shall not discriminate in granting or denying permits under this chapter based upon political, religious, ethnic, race, disability, or gender related grounds. 12.32.190 Notice of Denial of Application. . The City Manager shall act promptly upon a timely filed application for a parade or public assembly permit but in no event shall grant or deny a permit less than forty-eight (48) hours prior to the event. If the City Manager disapproves the application, he shall notify the applicant either by personal delivery or certified mail at least forty-eight (48) hours prior to the event of his action and state the reasons for denial. 12.32.200 Alternative Permit. A. The City Manager, in denying an application for a parade or public assembly permit, may authorize the conduct of the parade or public assembly at a date, time, location, or route different from that named by the applicant. An applicant desiring to accept an alternate permit shall, within five (5) days after notice of the action of the City Manager, file a written notice of acceptance with the City Manager. . B. An alternate parade or public assembly permit shall conform to the requirements of, and shall have the effect of, a parade or public assembly permit issued under this chapter. 12.32.210 Appeal Procedure. A. Any applicant shall have the right to appeal the denial of a parade or public assembly permit to the City Commission. The denied applicant shall make the appeal within five (5) days after receipt of the denial by filing a written notice with the City Manager and a copy of the notice with the Clerk of the Commission. The City Commission shall consider the appeal at the next regularly scheduled meeting following the notice of appeal, provided that the receipt of the notice is received prior to the deadline for submission of new agenda items. . B. In the event that the City Commission rejects an applicant's appeal, the applicant may file an immediate request for review with a court of competent jurisdiction, but in no event may the request for review be filed later than thirty (30) days after the Commission's rejection. - 6 - ...-.- .-...------. --..---- .- .--.---. --. 12.32.220 Notice to City and Other Officials. Immediately upon the issuance of a parade or public assembly permit. the City Manager shall send a copy thereof to the following: A. The Mayor; B. The City Attorney; . C. The Fire Chief; D. The Street Superintendent; E. The Chief of Police; and F. Montana Department of Transportation if the permit is issued for a federal or state owned highway. 12.32.230 Contents of Permit. Each parade or public assembly permit shall state the following information: A. Name. address and telephone number of parade or public assembly chairperson or person leading such activity; B. Starting and approximate ending time; C. Minimum speed of parade units; . D. Maximum speed of parade units; E. Maximum interval of space to be maintained between parade units; F. The portions of the streets that may be occupied by the parade or public assembly; G. The maximum length of the parade in miles or fractions thereof; and H. Such other information as the City Manager shall find necessary to the enforcement of this chapter. 12.32.240 Duties of Permittee. A. A permittee hereunder shall comply with all permit directions and conditions and with all applicable laws and ordinances. B. The parade or public assembly chairman or other person heading such activity shall carry the parade or public assembly permit upon his person during the conduct of the . parade or public assembly. C. The permittee or parade or public assembly chairperson or other person heading such activity shall notify all parade or public assembly participants of the conditions of this ordinance. - 7 - 12.32.250 Prohibitions. The following prohibitions shall apply to all parade and public assemblies: A. It shall be unlawful for any person to stage, present, or conduct any parade or public assembly without first having obtained a permit as herein provided; B. It shall be unlawful for any person to participate in a parade or public assembly for . which the person knows a permit has not been granted; C. It shall be unlawful for any person in charge of, or responsible for the conduct of, a duly licensed parade or public assembly to knowingly fail to comply with any condition of the permit; D. It shall be unlawful for any person to engage in any parade or public assembly activity that would constitute a substantial hazard to the public safety or that would materially interfere with or endanger the public peace or rights of residents to the quiet and peaceful enjoyment of their property; E. It shall be unlawful for any person to carry any sign, poster, plaque, or notice, unless such sign, poster, plaque, or notice is constructed or made of a cloth, paper, or cardboard material; . F. It shall be unlawful for any person participating in a parade or public assembly to utilize sound amplification equipment at decibel levels that exceed those limits imposed by the Bozeman Municipal Code; G. It shall be unlawful for any person to ride, drive, or cause to be ridden or driven any animal or any animal-drawn vehicle upon any public street, unless specifically authorized by the permit; H. It shall be unlawful for any person in a parade or public assembly to deviate from the established parade route or the approved parade route, whichever is applicable; and I. No parade participant shall throw, cast, or drop candy I trinkets, or any other articles. A violation of this provision shall result in a one hundred dollar ($100) fine for each occurrence. This provision does not prohibit a parade participant from handing . candy or other articles directly to the spectators provided the participant is walking. 12.32.260 Public Conduct During Parades or Public Assemblies. A. No person shall unreasonably hamper, obstruct or impede, or interfere with any parade or public assembly or with any person, vehicle or animal participating or used in a parade or public assembly. - 8 - B. No driver of a vehicle shall drive between the vehicles or persons comprising a parade or public assembly when such vehicles or persons are in motion and are conspicuously designated as a parade or public assembly. C. No person shall advance toward or go between the vehicles comprising a parade or public assembly when such vehicles are in motion and are conspicuously designated . as a parade or public assembly. D. The City Manager shall have the authority, when reasonably necessary. to prohibit or restrict the parking of vehicles along a street constituting a part of the route of a parade or public assembly. The City Manager shall post signs to that effect, and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof. No person shall be liable for parking on a street unposted in violation of this chapter. 12.32.270 Revocation of Permit. The City Manager shall have the authority to revoke a parade or public assembly permit instantly upon a violation of the conditions or standards for issuance as set forth in this Chapter or when a public emergency arises where the police resources required for that emergency are so great that deployment of police services for the parade or public assembly would have an . immediate and adverse effect upon the welfare and safety of persons or property. 12.32.280 Penalties. Any person violating the provisions of any section of this Chapter shall be guilty of a misdemeanor and shall, upon conviction, be punished by a fine not to exceed $500 or by imprisonment for a term not to exceed 6 months, or by both such fine and imprisonment." Section 2 Repealer. All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby repealed. Section 3 Severability . . If any provisions of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the other provisions of this ordinance which may be given effect without the invalid provision or application and, to this end, the provisions of this ordinance are declared to be severable. - 9 ~ "-,. - .-. ."--- Section 4 Effective Date. This ordinance shall be in full force and effect on April 1, 1998. PASSED by the City Commission of the City of Bozeman, Montana, on first reading at a . regular session thereof held on the 17th day of February 1998. ~1z;~ ATTEST: ALF D . STIFF, Mayor ~ ;( .LJlf~ R IN L. SULLIVAN Clerk of the Commission PASSED. ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana, on second reading at a regular session thereof held on the 2nd day of March 1998. . ~FF'~YOr~ ATTEST: C1I:-;/~ ROBIN L. SULLIVAN Clerk of the Commission / . PAUL J. L E City A~ney - 10 - ----.-- .--..