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HomeMy WebLinkAboutOrdinance No. 18511.~.. ORDINANCE NO. ~~ AN ORDINANCE CONCERNING PARADES; AMENDING SECTIONS 5.54D, 5,545 AND 5.520 OF THE EUGENE CODE, 1971, AND DECLARING AN EMERGENCY. THE CITY OF EUGENE DOES ORDAIN A5 FOLLOWS: Section 1. Sections 5.500, 5.505, and 5.54 of the Eugene Cade, 1971, are hereby amended to provided 5.504 Parades - Prohibited Activity. No person shall participate in a parade unless a permit has been obtained prior to commencement of the parade. As used in sections 5.500 to 5.50, "parade" means a gathering of at least ten persons who travel more than 140 feet on the streets, sidewalks, alleys, thoroughfares ar parklands, for a common purpose. "Parade' does not include a gather- ing of persons on parklands who are engaged in a recrea- tional game or any activity authorized by the provisions of 29 USC ~~ l1D et seq. or ORS ch. 663 relating to per- missible labor picketing. 5.505 Parades - Permit. ~1} Application far parade permits shall be made in writing to the chief of police or his designate at least 48 hours prior to the intended time of the parade, unless such application processing interval is waived by him. In considering whether to waive or increase this application processing interval, the police chief ar 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 required and scheduling of the allocation of such resources requires further time, fib} ~~lhether additional time is needed to inform the public of the parade in order to avoid public inconvenience ~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 responsi-~ ble far the proposed parade fib} The date of the proposed parade; ~c} The desired route including assembling points ~d} The number of persons, vehicles, and ani- mals which will be participating in the parade; fie} The proposed starting and ending time; and ~f} The signature of the person designated as chairman. Ordinance - 1 lSsi! ~3} If the chief of police or his designate, on receipt of the application, determines that the parade can be conducted without endangering public safety and without seriously inconveniencing the general public, he shall approve the route and issue the permit. In determining whether endangerment of the public safety ar serious incon- venience of the public safety will occur by conducting the parade the police chief shall consider the following cri- teria: 4a} Whether the parade is likely to incite violence or cause excessive traffic congestion; fib} Whether the parade is likely to inter- fere substantially with previously approved or planned parades or.public gatherings; and ~c} Whether the parade~is likely to inter- fere substantiall~i with the orderly operation of governmental or private commercial business by blocking access to such enterprises for a long period of time. ~4} If the chief of police or his designate deter- mines that the parade cannot be conducted without endangering public safety or seriously inconveniencing the general public, he shall: ~a} Propose an alternate route; fib} Propose an alternate date; or {c} Refuse to issue a parade permit. ~5} The chief of police shall notify the applicant of his decision within 48 hours of receipt of the applica- tion* If the chief of police or his designate refuses to issue a parade permit, he shall issue written findings speci-~ fying the reasons for the decision and furnish those findings to the applicant with the notification 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 shall include, but not be limited to provisions which ~a} Restrict the days and times for permis- sible paradesf fib} Designate certain major streets .which cannot be used for parades; and ~c} Impose insurance obligations for the or- ganizers of parades. 5.520 Parades - Permit Revocable. The chief of police or his designate may revoke a parade permit ifs ~a} The circumstances clearly show that the parade can no longer be conducted consistent with public safety; or fib} There is significant deviance from the route designated in the application or approval or assembly at points not shown in the application or approval. Ordinance ~- 2 185i~ Section 2, That the provisions contained herein concern the public welfare and safety and therefore, an emergency is hereby de- Glared to exist, and this ordinance shall become effective immediately upon its passage by the City Council and. approval~by the Mayor. Passed by the City Council this ~~ day of G~ 1979, / ' ~ Ci y corder Approved by the Mayor this _~~ day of ~ C"~. , 1979 . Mayor Ordinance - 3.