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HomeMy WebLinkAboutOrdinance No. 18885ORDINANCE N0. ~~g$ ~j,, AN ORDINANCE CONCERNING PARADES; AMENDING SECTIONS 5.500, 5.505, 5.510, AND 5.50 of THE EUGENE CODE, 1971; , THE CITY OF EUGENE DOES ORDAIN AS FQLLOWS: Section 1. Sections 5.500, 5.505, subsection ~2} of section 5.510, and 5.5~D of the Eugene Code, 1971, are hereby amended to provide: 5.500 Parades - Prohibited Activit Na person shall parti- cipate in a parade unless a permit has been obtained prior to commencement of the parade. As used in sections 5.500 to 5.520, "parade" means a gathering of at least ten per- sons who travel more than 100 feet on the public streets, sidewalks, alleys, or thoroughfares for a common purpose of public demonstration. No parade permit shall be required for parades of l00 persons or less who use the city sidewalks and obey all pedestrian and traffic laws and do not wish to use the city streets for such activity. .5.505 Parades - Permit. ~.1} Application for parade permits shall be made in writing to the chief of police or his designate at least 4S hours prior to the intended time of the parade, unless such application processing interval is waived by him. In consid- ering whether to waive ar increase this application proce s- sing interval, the police chief or his designate shall base his decision on the following criteria: ~a} whether the size of the proposed parade is such that extra law enforcement resources are re- quired and scheduling of the allocation of such re- sources requires further time; fib} whether additional time is needed to inform the public of the parade in order to avoid public in- convenience; ~.c} Whether additional time is needed to evaluate the merits of issuing a permit. ~.2} Applications shall include the following informa- tion: ~a} The name and address of the person respon- sible for the proposed parade; fib} The date of the proposed parade; ~c} The desired route including assembling points; Ordinance - 1 18885 ~.d} The number of persons, vehicles, and ani- mals which will be participating in the .parade; ~.e} The proposed starting and ending time; and ~f~ The signature of the person designated as chairman. ~.3} If the chief of police or his designate, on re- ceipt of the application determines that the parade can be conducted without endangering public safety and without seri- ously inconveniencing the general public, he shall approve 'the route and date and issue the permit. If the chief of police or his designate determines that the parade cannot be conducted at any place or at any time without endangering public safety, he shall deny the permit. In determining whether public safety is endangered by conducting the parade, the police chief shall consider whether reliable information shows that parade organi- zers intend to engage in violence during the course of the parade. ~.4~ If the chief of police or his designate determines that the parade as requested cannot be conducted without seri- . ously inconveniencing the general public, he shall issue the permit with approval of a different route or date. In deter- ~mining whether to propose a different route or date, the police chief shall consider the following criteria: ~.a} Whether the parade is likely to cause ex- cessive traffic congestion; ~b~ whether the parade is likely to interfere substantially with previously approved or planned parades or public gatherings; and, ~,c} whether the parade is likely to interfere substantially with the orderly operation of govern- ~~ - mental or private commercial business by blocking access to such enterprises for a long period of time. - ~ {.~~ The chief of police shall notify the applicant of his decision within 48 hours of receipt of the application. If the chief of police or his designate refuses to issue a parade .permit as requested, he shall issue written findings specifying the reasons for the decision and furnish those findings to the ~~~ ~ applicant with the noti~ficatian of the decision. ~6~ If the chief of police proposes alternatives or refuses~to issue a permit, the applicant shall have the right to appeal his decision to the council. ~7~ The chief of police shall develop and publish administrative rules governing the issuance of parade permits. Such rules may include, but not be limited to provisions which: ~a~ Restrict the days and times for permis- sible~ parades; ~b~ Designate certain major streets which cannot be used for parades; and ~c~ Impose insurance obligations and costs for extra police ser~uices fax the organizers of parades. ordinance - 2 18885 5.51D Parades - Appeal tQ_Council. ~_~ ~. shall not be written appe~ applicant of person or by councilor or The council shall schedu~.e a hearing date which later than three days following the filing of the al with the finance officer and shall notify the the date and time that he may appear either in a representative The council may appoint a committee of cauncil~rs to hear the appeal. 5.52o Parades - ~'ermit Revocable. The chief of police or his designate may re^~oke a parade permit if ~a~ An in~inent threat of violence and. personal injury to the parade participants exists, all reasonable efforts to protect the parade participants have failed and a request to disband the parade made to the parade organizers has been refused; ~b~ Actual violence has been caused by 'the parade organizers; ~c} Actual violence that endangers public safety has been caused by parade participants and public safety cannot be protected without revocation of the permit; or ~.d} There is significant deviation from the route designated in the application or approval, or assembly at points not Shawn in the application or approval, which occurs without approval of the police officer in charge of the parade escort. Passed by the City Council this `o14`~hday of dc~COb~ 1981 ~~~ ~~~~ Q~S~}, City Recorder Approved by the Mayor this ~, of Oc'tobExz...~ 19 81 Mayor ordinance - 3. 18885 ADMINISTRATIVE RULES AF~'ECT~NG APPLTCATTONS FoR PARADE PERMITS Pursuant to Section 5.505~7~ of the Eugene Code, 1971, the following administrative rules are %ssued concerning applica- tions for parade permits. The intent of these rules is to fur- nish greater detail regarding the process for permit application and those occasions where financial compensation is required. It is the intent of these rules that no~indigent parade permit applicant be denied a parade permit because of that person's in- ability to pay for additional police that may be required. All parade permits and parades organized thereby shall conform to the following: 1. Applications for parade permits are to be made in person at the Police Department dur~,ing the normal business hours of 8:00 a.m. to 5:00 p.m. r N~ond.ay through Friday, ex~- clusive of holidays. 2. Applications shall include a statement by the applicant ar its representative that a particular person or persons shall be responsible for supervising the parade, which statement shall be signed by the designated person or persons. 3. Cn those occasions where because of previous commit- ments of Police Department personnel it will be necessary to employ additional police personnel or pay overtime to police personnel in order to manage traffic congestion or diversion caused by a parade, the parade applicants may be liable for .such costs. Where such additional costs will be assessed the applicants will be advised of this requirement and the estimated costs of additional police services at the time of the application. Upon completion of the event, the par- ade applicant will be billed for these costs by the Finance Department. The 48-hour application processing interval shall not be waived whenever additional police resources will be required. Payment of additional police costs shall be required only if the following conditions are met: a. Where the parade permit applicant is not indigent and where the assets of the parade applicant are sufficient to pay for such costs. Indigency shall be determined by a personal affidavit from the appli- cant. If the applicant represents an organization, group or corporation, such individual shall swear that the assets of the group, organization or corporation are insufficient to pay for such police costs and that the application for a parade permit is an authorized act of the corporation, group or association. Administrative Rules - l b. where the parade permit appl,i,cant shows that the parade route from beginning tQ end is greater than 3 miles and requires the temporary closure of streets for motor vehicles and active traffic management by the Eugene Police Department. 4. Any applicant receiving approval far a parade shall be an actual participant in the parade. ghat person, along with any other individuals who are parade leaders shall wear conspicuous items of identification, such as colored arm bands, vests, hats, lapel buttons or name tags. 5. Applicants shall be notified at the time of applica- tion of the availability of insurance for the event. 6. No parade permit shall be issued for the use of any principal arterial street in the City of Eugene between the hours of 7:00 to 9:00 a.m, and 4:00 to 6:00 p.m., except on Sunday. "Principal arterial streets" shall be those streets designated as such on the Eugene Urban Area Map Functional Highway Classification Map} which is a product of the Oregon State Highway Division. It is the intent of this rule that parades not occur on principal arterial streets during rush hours . 7. These rules shall be effective after the comple- tion of review of the rules by the Eugene City Council, and replace and supersede the rules promulgated on May 1, 1980. .Dated and approved by the Eugene Police Department this day o f ~d~ _ _`, 19 $1. James Packard Eugene Police Chief Approved by the City Council the alc~h day o f ~~0~0~2.-- 19 81. ~wr, City Recorder Administrative Rules - 2.