Exeter Municipal Code Ch. 5.48 Sound-Amplifying Systems, Meetings, Assemblies, Parades and Processions

It is unlawful for any person to conduct a meeting, assembly, parade or procession, or use a sound-amplifying system of any kind or any other similar display, or cause or permit the same upon any public street, alley, park, or any other public grounds in the city unless there has first been obtained from the chief of police a permit to do so, and the permit shall be carried by a person heading or leading the activity.

(Ord. 283 §1, 1971)

The provisions of this chapter shall not apply to:

A. Funeral processions;

B. Students of the schools going to and from classes or when constituting a part of their educational activities and under the immediate direction and supervision of the proper school authorities; nor to

C. A governmental agency within the scope of its functions.

(Ord. 283 §2, 1971)

Any person desiring to conduct or manage a meeting, assembly, parade, or procession or use a sound-amplifying system shall, not less than ten nor more than sixty days before the date on which it is proposed to conduct such parade, meeting or other activity, file with the chief of police, a verified application on a form furnished by the chief of police setting forth the following information:

A. The name of the person or organization wishing to conduct such parade, meeting, or other activity;

B. If the parade, meeting or other activity is proposed to be conducted for, on behalf of, or by an organization, the name, address and telephone number of the headquarters of the organization, and the authorized and responsible head of such organization;

C. The name, address and telephone number of the person who will be the chairman of the parade, meeting, or other activity and who will be responsible for its conduct;

D. The name, address and telephone number of the person or organization to whom the permit is desired to be issued;

E. The date when such parade, meeting, or other activity is to be conducted;

F. The location or the route to be traveled, the starting point and the termination point;

G. The approximate number of persons who, and animals and vehicles which, will constitute such parade, meeting, or other activity; the type of animals, and a general description of the vehicles;

H. The time when such parade, meeting, or other activity will start and terminate;

I. Whether such parade will occupy all or only a portion of the width of the streets proposed to be traversed;

J. The location by streets of any assembly area or areas for such parade;

K. The time at which units of the parade will begin to assemble at any such assembly area or areas;

L. Such other information as may be required by the chief of police to enable him to make adequate arrangements, as the circumstances may require, for proper policing of the proposed activity or public use of the sound-amplifying system.

(Ord. 283 §3, 1971)

The chief of police shall have authority, in his discretion, to consider any application for a permit to conduct a parade which is filed less than ten days before the date such parade is proposed to be conducted.

(Ord. 283 §9, 1971)

The chief of police shall issue a permit as provided for in this chapter when, from a consideration of the application and from such other information as may otherwise be obtained, he finds that:

A. The conduct of such parade, meeting, or other activity will not substantially interrupt the safe and orderly movements of any pedestrian or vehicle as traffic contiguous to its route;

B. The conduct of such parade, meeting, or other activity will not require the diversion of so great a number of police officers of the city to properly police the line of movement or location and the areas contiguous thereto, as to prevent normal police protection to the city;

C. The concentration of persons, animals and vehicles at assembly points of the parade or location of the meeting or other activity will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such assembly areas or locations;

D. The conduct of such parade or meeting or use of a sound-amplifying system will not have an undue adverse affect upon schools, hospitals, churches, businesses, or residents in the vicinity of such activity;

E. The conduct of such parade, meeting, or other activity will not unduly interfere with the movement of firefighting equipment enroute to a fire or other emergency equipment;

F. The conduct of such parade, meeting, or other activity is not reasonably likely to cause injury to person or property or to provoke disorderly conduct or create a disturbance; and

G. Such parade, meeting, or other activity is not to be held for the sole purpose of advertising the goods, wares, or merchandise of a particular business establishment or vendor.

(Ord. 283 §4, 1971)

The permit to be issued by the chief of police shall prescribe the following:

A. The name of the person or organization wishing to conduct such parade, meeting, or other activity;

B. If the parade, meeting or other activity is proposed to be conducted for, on behalf of, or by an organization, the name, address and telephone number of the headquarters of the organization, and of those authorized and responsible for its conduct;

C. The name, address and telephone number of the person who will be the chairman and who will be responsible for its conduct;

D. The name, address and telephone number of the person or organization to whom the permit is desired to be issued;

E. The date when such activity is to be conducted;

F. The location or the route to be traveled, the starting point and the termination point;

G. The approximate number of persons who, and animals and vehicles which, will constitute such activity; the type of animal and general description of the vehicles;

H. The time when such activity will start and terminate;

I. Whether such parade will occupy all or only a portion of the width of the streets proposed to be traversed;

J. The location by streets of any assembly area or areas for such parade;

K. The time at which units of the parade will begin to assemble at any such assembly area or areas; and

L. Such other regulations as may be required for proper policing of the activity or public use of sound-amplifying systems.

(Ord. 283 §5, 1971)

The chief of police shall act upon the application for a parade permit within five days after the filing thereof. If the chief of police disapproves the application, he shall mail to the applicant, within five days after the date upon which the application was filed, a notice of his action stating the reasons for his denial of the permit. Such notice shall be mailed to the applicant at his address as given therein.

(Ord. 283 §6, 1971)

Any person who has been denied a permit by the chief of police may appeal to the council by filing a written notice of the appeal within five days after the mailing by the chief of police of the notice of rejection.

(Ord. 283 §7, 1971)

The chief of police in denying an application, may authorize the conduct of such parade, meeting or other activity on a date, at a time, or at a location or by a route different from that named by the applicant. If the applicant desires to accept the proposed date, time and location or route, he shall within two days after notice of the action of the chief of police, file a notice of acceptance with the chief of police. Such permit shall conform to the requirements of this chapter.

(Ord. 283 §8, 1971)

Immediately upon the granting of a parade permit, the chief of police shall send a copy thereof to the following:

A. The city clerk;

B. The chief of the fire department;

C. Other public officials responsible for functions deemed likely to be affected by the parade, meeting or other activity.

(Ord. 283 §10, 1971)

No person shall, without the consent of the permittee, join or participate in a parade, meeting or other activity, nor in any manner interfere with its progress or orderly conduct.

(Ord. 283 §11, 1971)

Notwithstanding any other provision of the Exeter Municipal Code, the chief of police shall have authority to regulate traffic in conjunction with a parade permit.

(Ord. 443 §1 (part), 1981)

When, in the opinion of the chief of police, it is necessary for the safety and protection of those persons using specified streets for parades, assemblies, or special events, all or a portion of such streets may temporarily be closed to nonparade traffic during such event.

(Ord. 443 §1 (part), 1981)

Each violation of any provision of this chapter, and each violation of any of the prescribed terms under which the permit is issued, constitutes a misdemeanor and is punishable as such by imprisonment in the county jail for not to exceed six months, or by a fine of not to exceed five hundred dollars, or by both such fine and imprisonment. Each violation of this chapter, and each violation of any of the prescribed terms under which the permit is issued, constitutes a public nuisance and is subject to abatement as such.

(Ord. 283 §13, 1971)