Kingsburg Municipal Code Ch. 12.16 Parades and Assemblies

"Assembly" means any meeting, gathering or group of twenty-five (25) or more persons, animals or vehicles or a combination thereof having a common purpose, design or goal, upon any public street, sidewalk, alley, park or other public place which substantially inhibits the usual flow of pedestrian or vehicular travel, or which occupies any public area other than a parade as defined in this section.

"Parade" means any march, procession, motorcade or promenade consisting of persons, animals or vehicles or a combination thereof having a common purpose, design, destination or goal upon any public place, which does not comply with normal and usual traffic regulation or control.

(Prior code § 43-1000)

A. Permit Required. No person shall conduct, manage or participate in any parade or assembly for which a written permit has not been issued in accordance with the provisions of this chapter.

B. Exceptions. This chapter shall not apply to any of the following:

1. Funeral processions. As used herein, funeral procession shall mean a single direct movement from a mortuary or church to the place of burial of a human body, under direction of an authorized funeral director.

2. A governmental agency acting within the scope of its functions.

3. Students going to and from school classes or participating in educational activities, providing such activities are authorized by the school district and are under the immediate direction and supervision of the school authorities authorized by the school district to approve and supervise such activity.

(Prior code § 43-1001)

No person shall engage in any parade or assembly activity which would constitute a substantial hazard to public safety or which would materially interfere with or endanger the public peace or rights of residents to the quiet, peaceful and unmolested enjoyment of their property.

(Prior code § 43-1002)

A. Issuing Authority. The issuing authority shall be the chief of police of the city.

B. Approving Authority. The approving authority shall be the chief of police of the city. Disapproval by the approving authority shall constitute disapproval of the permit. The chief of police shall conduct an investigation into the nature of the proposed parade or assembly considering:

1. Whether the time, duration, route and size of the parade or assembly will unreasonably disrupt the movement of traffic;

2. Whether the parade or assembly is of a size and nature such that it would require diversion of so great a number of police officers of the city to properly police the line of movement or assembly area and the areas contiguous thereto, as to prevent reasonable police protection to the city;

3. Whether the permittee has provided for the services of monitors to control the orderly conduct of the parade or assembly in conformity with such permit;

4. Whether the permittee has provided reasonable means for informing all the persons participating therein of terms and conditions of such permit;

5. Whether the concentration of persons, animals or vehicles or a combination thereof is such as to prevent proper police, fire and ambulance service;

6. Whether the parade will move from its assembly area to its disbanding area expeditiously or not without stopping en route except when reasonably required for the safe and orderly conduct of the parade;

7. Whether the parade or assembly will interfere with another parade or assembly for which a permit has been granted;

8. Whether the parade or assembly will result in harm to persons or property.

C. Application. Any person desiring to conduct a parade or assembly shall make written application to the chief of police at least ten (10) days but in no event earlier than ninety (90) days in advance of the proposed parade or assembly. Such application shall include the following information:

1. The name, address and telephone number of the person requesting the permit;

2. The name and address of any organization or group he/she is representing;

3. The name, address and telephone number of the person who will act as parade or assembly chairperson who will be responsible for the conduct of the parade or assembly;

4. The number of security personnel provided by the permittee and identifying marks, badges or symbols worn or to be used by such monitors;

5. The purpose of the parade or assembly, the estimated number of persons to participate and to otherwise attend, and the number and types of vehicles and animals to participate;

6. The method of notifying participants of the terms and conditions of the permit prior to the parade or assembly;

7. The date the assembly or parade is to be conducted, the hours the assembly or parade will commence and terminate;

8. If a parade, the specific assembly and dispersal locations, the specific route, and the plans, if any, for assembly and dispersal;

9. Whether any music will be provided either live or recorded;

10. Such other information as the chief of police or his/her designee may deem necessary in order to properly provide for traffic control, street and property maintenance, administrative arrangements, police and fire protection, and for the protection of public health, safety and welfare.

D. Denial. The chief of police or his/her designee shall deny the application for the permit if any information supplied by the applicant is false or intentionally misleading or if the chief of police or his/her designee determines that the parade or assembly will endanger the public health, welfare or safety applying the criteria set forth in subsection B of this section and if he/she determines that reasonable adjustments to the community traffic control, street and property maintenance, and police, fire and ambulance protection would not alleviate such danger. Nothing in this chapter shall permit the chief of police to deny a permit based upon political or religious grounds or reasons.

E. The chief of police or his/her designee shall uniformly consider each application upon its facts and shall not discriminate in granting or denial of applications.

(Amended during 5-08 supplement; prior code § 43-1003)

A. Conditions. The chief of police or his/her designee, upon issuance of the permit, shall impose such reasonable conditions as he/she deems necessary to protect the health, welfare and safety of the community and the participants in such parade or assembly.

B. Alternatives. The chief of police or his/her designee shall notify the applicant at least five days in advance of the scheduled assembly or parade with alternate times, places, manner or duration for the conduct of the parade if he/she can reasonably do so and if the application, as submitted, is denied for any of the above reasons.

C. Notice. If subsections A or B of this section cannot be accomplished reasonably by the chief of police or his/her designee, he/she shall immediately notify the applicant in writing of the denial of the application and the specific reason or reasons.

(Amended during 5-08 supplement; prior code § 43-1004)

The granting or denial of a permit by the chief of police or his/her designee, pursuant to this chapter, may be appealed to the council by the applicant, permittee or any person affected thereby. Such appeal shall be in writing and shall be filed with the city clerk within twenty-four (24) hours of the decision of the chief of police or his/her designee. Council shall act upon the appeal within three days of filing of the appeal. If a regular council meeting is not scheduled within three days after filing of the appeal, the mayor shall call a special council meeting to consider such appeal.

(Amended during 5-08 supplement; prior code § 43-1005)

The chief of police, or its designee, is hereby authorized to enforce the provisions of this chapter in accordance with the applicable provisions of Chapter 17.92 of Title 17 of the Kingsburg Municipal Code.

(Ord. No. 2010-02, § 5, 7-21-2010)