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1967-003 AN ORDINANCE AMENDING THE CODE OF THE CITY OF DENTON, TEXAS, REGULATING PARADES AND OTHER SIMILAR USES OF PUBLIC PLACES, AUTHORIZING THE CHIEF OF POLICE TO RECEIVE APPLICATIONS AND ISSUE PERMITS, PROVIDING STANDARDS FOR ISSUANCE THEREOF, ESTABLISHING PROCE- DURE FOR APPEAL UPON REJECTION OF APPLICATION, RE- QUIRING COMPLIANCE WITH PERMIT CONDITIONS, AND PRE- SCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS SECTION I. That the Code of the C~ty of Denton, Texas, Ks hereby amend- ed by adding new Sections 24-58 1 through 24-58 13 to Chapter 24 of sa~d Code which shall hereafter read as follows SECTION 24-58 1 - DEFINITIONS REGARDING PARADES (1) "Chlef of Pollce" is the Chief of Police of the City of Denton, Texas (2) "City" is the City of Denton, Texas (3) "Parade" is any parade, march, ceremony, show, exhibi- tion, pageant, or procession of any kind, or any s~m~lar d~splay, · n or upon any street, sidewalk, park or other public place in the City (4) "Parade Permit" is a permit as required by this Ordin- ance (5) "Person" is any person, firm, partnership, association, corporation, company or organization of any k~nd SECTION 24-58.2 - PEP/~IT REQUIRED FOR PARADE No person shall engage in, participate ~n, a~d, form or start any parade, unless a parade permit shall have been obtained from the Chief of Police (1) Exceptions This permit requirement shall not apply to (a) Funeral processions, (b) Students going to and from school classes or partici- pating in educational activities, providing such con- duct is under the ~mmed~ate direction and supervision of the proper school authorities, (c) A governmental agency acting within the scope of its functions SECTION 24-58 3 - APPLICATION FOR PARADE PERMIT A person seeking issuance of a parade permit shall file an application with the Chief of Police on forms provided by such officer (1) FILING PERIOD. An application for a parade permit shall be flled with the Chief of Police not less than seven (7) days nor more than twenty (20) days before the date on which it · s proposed to conduct the parade -1- (2) CONTENTS The application for a parade permit shall set forth the following information (a) The name, address and telephone number of the person seeking to conduct such parade, (b) If the parade is proposed to be conducted for, on behalf of, or by an organization, the name, address and telephone number of the headquarters of the organ- lzatlon and of the authorized and responsible heads of such organization, (o) The name, address and telephone number of the person who will be the parade chairman and who will be res- ponslble for its conduct, (d) The date when the parade is to be conducted (e) The route to be traveled, the starting point and the termination point, (f) The approximate number of persons who, and animals and vehicles which, will constitute such parade, the type of animals, and description of the vehicles, (g) The hours when such parade will start and terminate, (h) A statement as to whether the parade will occupy all or only a portion of the width of the streets proposed to be traversed, (1) The location by streets of any assembly areas for such parade, (3) The time at which units of the parade will begin to assemble at any such assembly area or areas, (k) The interval of space to be maintained between units of such parade, (1) If the parade is designed to be held by, and on be- half of or for, any person other than the applicant, the applicant for such permit shall file with the Chief of Police a communication in writing from the person proposing to hold the parade, authorizing the applicant to apply for the permit on his behalf (m) Any additional information which the Chief of Police shall find reasonably necessary to a fair determination as to whether a permit should be issued (3) LATE APPLICATIONS The Chief of Police, where good cause is shown therefore, shall have the authority to consider any application hereunder which is filed less than seven (7,) days before the date such parade is proposed to be conducted. SECTION 24-58.4 STANDARDS FOR ISSUANCE The Chief of Police shall issue a permit as provided for hereunder when, from a consideration of th~appllcatlon and from such other information as may otherwise be obtained, he finds that (1) The conduct of the parade will not substantially terrupt the safe and orderly movement of other traffic contiguous to its route, (2) The conduct of the parade will not require the diver- sion of so great a number of police officers of the City to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection to the City, -2- (3) The conduct of such parade will not require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of the City other than that to be occupied by the proposed l~ne of march and areas contiguous thereto, (4) The concentration of persons, animals and vehicles at assembly polnts of the parade wlll not unduly ~nterfere w~th proper f~re and police protection of, or ambulance service to, areas contiguous to such assembly areas, (5) The conduct of such parade will not interfere w~th the movement of f~re-f~ght~ng equipment enroute to a fare (6) The conduct of the parade is not reasonably likely to cause ln]ury to persons or property, to provide d~sorderly conduct or create a d~sturbance, (7) The parade ls scheduled to move from its point of organ to ~ts point of termination expeditiously and w~thout unreasonable delays enroute, SECTION 24-58 5 - NOTICE OF REJECTION The Chief of Police shall act upon the appllcat~on for a parade permit wlth~n three (3) days after the f~l~ng thereof If the Chlef of Pollce d~sapproves the application, he shall mall to the applicant within seven (7) days after the date upon whlch the appllcatlon was filed, a notice of th~s actlon, stating the reason for h~s denial of the permit SECTION 24-58.6 - APPEAL PROCEDURE Any person aggrieved shall have the r~ght to appeal the denial of a parade permit to the City Council The appeal shall be taken w~thln three (3) days after notice The City Coun~l shall act upon the appeal at ~ts next meeting SECTION 24-58 7 - ALTERNATIVE PERMIT The Chief of Poll~e, in denying an application for a parade permit, shall be empowered to authorize the conduct of the parade on a date, at a t~me, or over a route different from that named by the applicant An applicant desiring to accept an alternate permlt shall, within three (3) days after not~ce of the action of the Chief of Police, file a wrltten notice of acceptance wlth the Chief of Police An alternate parade permit shall conform to the requirements of, and shall have the effect of a parade permit under, this ordinance SECTION 24-58 8 - NOTICE TO CITY AND OTHER OFFICIALS I~medlately upon the ~ssuance of a parade permit, the Chlef of Pol~e shall send a copy thereof to the following (1) The C~ty Manager, (2) The Fire Chlef, (3) The D~rector of the Department of Public Works SECTION 24-58 9 - CONTENTS OF PERMIT Each parade permlt shall state the following ~nformat~on -3- (1) Starting time, (2) Minimum speed, (3) Maximum speed, (4) Maxlmum interval of space to be maintained between the units of the parade, (5) The portions of the streets to be traversed that may be occupied by the parade, (6) The maximum length of th~ parade in miles or fractions thereof, (7) Such other information as the Chief of Police shall find necessary to the enforcement of th~s ordinance SECTION 24-58.10 - DUTIES OF PERMITTEE A permlttee hereunder shall comply with all permit direct- ions and conditions and with all applicable laws and ordinances (1) POSSESSION OF PERMIT The parade chairman or other person heading or leading such activity shall carry the parade permit upon his person during the conduct of the parade SECTION 24-58 11 - PUBLIC CONDUCT DURING PARADES (1) INTERFERENCE. No person shall unreasonably hamper, obstruct or impede, or interfere with any parade or parade assembly or with any person, vehicle or animals participating or used in a parade (2) DRIVING THROUGH PARADES No driver of a vehicle, bus blcycle, street car or trackless trolley shall drive between the vehicles or persons comprising a parade when such vehicles or persons are in motion and are conspicuously designated as a parade. (3) PA~KING ON PARADE ROUTE The Chief of Police shall have the authority, when reasonably necessary, to prohibit or restrict the parking or vehicles along a highway or part there- of constituting a part of the route of a parade. The Chief of Police shall post signs to such effect, and it shall be unlawful for any person to park or leave unattended any vehicle in viol- ation thereof. No person shall be liable for parking on a street unposted ~n violation of this ordinance SECTION 24-58 12 - REVOCATION OF PERMIT The Chief of Police shall have the authority to revoke a parade permit issued hereunder upon application of the standards for ~ssuance as herein set forth SECTION 24-58.13 - PENALTIES The vlolat~on of any provision of th~s ordinance shall be punished by a fine of not exceeding Two Hundred Dollars ($200.00), and each day any such vlolat~on continues shall constitute a separate offense. SECTION II. That all ordinances or parts of ordinances an force when the provisions of this ordinance become effective which are incon- slstent or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the e~ctent of any such conflict. --4-- SECTION III. That if any section, subsectzon, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held lnvalzd by any court of competent ]urlsdlctlon, such holding shall not affect the valid- lty of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. ~ECTION IV. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordznance to be published twice in the Denton Record-Chronicle within ten (10) days of the date of its passage PASSED AND APPROVED this ~ ¢/ day of January, A D 1967 Warren Whltson, Jr,, Mayor City of Denton, Texas ATTE ST //B~ooks Holt, City Secretary Czty of Denton, Texas APPROVED AS TO LEGAL FORM tR Q. Barton, City Attorney y of Denton, Texas -5-