San Marcos Municipal Code Ch. 12.28 Parades, Processions and Rallies

No person shall hold, manage, conduct, aid, participate in, form, start or carry on any parade, procession, or rally of any kind or any other similar display, or cause or permit the same upon any public street, park, sidewalk, Public Place, or any other public grounds in the City unless there has first been obtained from the City Manager, or designee, a permit to do so, and such permit shall be carried by the person heading or leading the activity. A fee as designated by the Council-adopted fee schedule shall be charged for issuance of such a permit; any additional costs (extra police protection, traffic control) shall also be charged and added to the cost of said permit. The applicant, if a nonprofit, may request waiver of said fee if a request for such waiver is in writing. Waiver of said fee is at the discretion of the City Manager, or designee.

(Ord. No. 2004-1229, 6-8-04; Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)

Funeral and wedding processions shall be exempt from the regulations of this article.

(Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)

Any person desiring to conduct or manage a parade, procession, or rally shall, not less than 30 days before the date on which it is proposed to conduct such parade or procession, file with the City Manager a verified application on a form furnished by the City, setting forth the following information:

(a)

The name of the person or organization wishing to conduct such parade, procession, or rally.

(b)

If the parade, procession, or rally 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 parade, procession, or rally chairman and 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 or procession is to be conducted.

(f)

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, procession, or rally; the type of animals and a general description of the vehicles.

(h)

The time when such parade or procession will start and terminate.

(i)

Whether the parade, procession, or rally will occupy all or only a portion of the width of the street proposed to be traversed.

(j)

The location by streets of any assembly area for such parade or procession.

(k)

The time at which units of the parade, procession, or rally will begin to assemble at any such assembly area.

(Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)

The City Manager may consider late applications for permits required by this article. The City Manager shall have authority, in their discretion, to consider any application for a permit to conduct a parade or procession which is filed less than 30 days before the date such parade or procession is proposed to be conducted.

(Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)

If the City Manager's denial of a permit required by this article is based in whole or in part upon the date, hour, or route of travel, the applicant may submit a new application proposing alternate dates, hours, or routes of travel.

(Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)

The City Manager shall act upon the original application for permit required by this article within 15 days after receipt thereof. If the City Manager disapproves the application, they shall cause to be mailed to the applicant within five days after their decision, a notice of action. Such notice shall be mailed to the applicant at the address as given on the application.

(Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)

of Permit.

The City Manager, in denying an application for a permit required by this article, may authorize the conduct of such parade, procession, or rally on a date, at a time, or over a route different from that named by the applicant, and if the applicant desires to accept the proposed date, time, and route, they shall, within two days after notice of the action of the Manager, file a notice of acceptance with the Manager. The Manager shall thereupon issue a permit setting forth the terms in conformance with Section 12.28.080.

(Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)

(a)

When a permit required by this article is denied by the City Manager, the applicant may, within ten days of such action, appeal to the Council by filing a petition therefor with the City Clerk. If an appeal is not filed, the denial shall become final.

(b)

Upon the proper filing of such an appeal, the City Clerk shall place the appeal on the next regularly scheduled Council agenda provided the appeal is received in a timely fashion for the next regular agenda.

(c)

The Council may either approve or disapprove the denial of the permit, and its decision shall be final as to all issues involved.

(Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)

The City Manager shall issue a permit required by this article when, after consideration of the application and after such other information as may otherwise be obtained, they find that:

(a)

The conduct of such parade or procession will not substantially interfere with the safe and orderly movements of other traffic contiguous to its route.

(b)

The conduct of such parade, procession, or rally will not require the diversion of so great a number of police officers to properly police the line of movement 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 procession will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such assembly areas.

(d)

The conduct of such parade or procession will not unduly interfere with the movements of fire- fighting equipment in route to a fire or the movement of other emergency equipment.

(e)

The conduct of such parade, procession, or rally is not reasonably likely to cause injury to persons or property or to provide disorderly conduct or create a disturbance.

(f)

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

(Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)

The permit issued in accordance with this article shall prescribe the terms and conditions as stated in Sections 12.28.030(a) through (k).

(Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)

Immediately upon the granting of a permit required by this article, the City Manager shall send a copy thereof to the following:

(a)

The Chief of the Fire Department.

(b)

The Chief of the Police Department.

(c)

The City Engineer.

(d)

The Director of Public Works.

(Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)

No person shall, without the consent of the person to whom a permit required by this article has been issued, join or participate in a parade, procession, or rally, nor in any manner interfere with its progress.

(Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)