Loading...
HomeMy WebLinkAbout1978-2157 PROHIBITING PARADES & MOTORCADES WITHOUT A PERMIT. ORDINANCE NO. &IS7 AN ORDINANCE relating to traffic control, defining terms; prohibit- ing parades and motorcades without a permit; providing for application, issuance, denial, modification and 411 revocation of such permits; providing for the appeal and judicial review of permit modifications or denials, and amending Section 9.50.810 of the City of Yakima Municipal Code. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 9.50.810 of the City of Yakima Municipal Code is hereby amended to read as follows: "9.50.810 Parade and motorcade permits. A. Definitions. 1. 'Parade' means any march or procession con- sisting of people, animals or vehicles, or combinations thereof, except funeral proces- sions, upon any public street, sidewalks or alley, which does not comply with the normal and usual traffic regulations or controls. 2. 'Motorcade' means an organized procession 411 containing twenty-five or more vehicles, except funeral processions, upon any public street, sidewalk or alley. 3. 'Permittee' means the natural person to whom a parade or motorcade permit is granted pur- suant to this section. B. Permits required. It shall be unlawful for any person to conduct a parade or motorcade in or upon any public street, sidewalk or alley, or to knowingly parti- cipate in any such parade or motorcade, unless a permit to conduct the parade or motorcade has been obtained from the Chief of Police or by appeal to the City Manager as provided in this section. C. Offenses. (1) It is unlawful for any person to knowingly join or participate in any parade or motorcade conducted in violation of any term of any permit issued pursuant to this section. (2) It is unlawful for any person to join or parti- cipate in any parade or motorcade conducted by virtue of a permit issued pursuant to this section over the objection of the permittee or person in charge of such parade or motorcade. (3) It is unlawful for any person to intentionally obstruct or interfere with the orderly progress or con-' duct of a parade or motorcade conducted by virtue of a permit issued pursuant to this section. D. Permit application. (1) Applications for a parade or motorcade permit shall be made in writing to the Chief of Police at least thirty days in advance of the date of such parade or motorcade; provided, however, the Chief of Police, in his discretion, may lessen or waive such time limitation for any unexpected occasion or in the case of a parade of visitors arriving in the city within less than the thirty day period preceding the date of such parade or motorcade. Application for such parade or motorcade permit shall be made in writing on a form approved by the Chief of Police and shall contain: 1. The name, address and telephone number of the appli- cant; name and address and telephone number of the sponsoring organization; name, address and telephone number of any persons having charge or control of such parade or motorcade; and 2. The purpose of such parade or motorcade, the date when it is proposed to be conducted, the expected number of participants, the location of assembly and disassembly, route to be traveled and the approximate time when the proposed parade or motor- cade will assemble, start and terminate; and 3. A description of the type and number of individual floats, marching units, vehicles, animals, band, including description of any sound amplification equipment to be used; and 4. Such other information as the Chief of Police may deem necessary to provide for the safe and free flow of traffic. E. Standards for issuance or denial of permit. (1) Standards for issuance of permit. Subject to the provisions of Subsection E (2) and E (4) of this sec- tion, the Chief of Police shall issue a parade or motor- cade permit to any applicant who complies with requirements of Subsection D of this section, the issuance of which permit shall be conditioned upon the applicant's written agreement to comply with the terms of the permit and all other applicable laws. 410 (2) Variances. Pursuant to a proper application being made for a parade permit, the Chief of Police may issue a permit which varies from the terms of the application pertaining to the time, place, line of march, duration, manner of using streets, alleys and sidewalks, and assembly and disassembly, all as the Chief may deem necessary because of traffic conditions, the physical -2- condition of the proposed route of the parade, or the prior issuance of a permit for a parade which may con- flict with that for which application is made. (3) Special areas. No permit shall be issued for 1111 a parade or motorcade upon Yakima Avenue or adjacent sidewalks between Naches Avenue and 6th Avenue to com- mence between the hours of 3:00 p.m. and 6:00 p.m. on week days or between the hours of 10:30 a.m. and 6:00 p.m. on Saturdays. (4) Standards for denial. The Chief of Police shall deny an application for a parade or motorcade per- mit if: 1. Any applicant fails or refuses to comply with any provisions of this section, or refuses to agree to abide by or comply with all •the terms or conditions of the permit; or 2. The information in the application is found to be false or nonexistent in any material detail; or 3. The Chief of Police finds that there exists a clear and present danger of riot or civil disorder in connection with the parade or motorcade for which the permit is sought. F. Notice of granting, denial or variance. Within seven days after an application has been made for a parade or motorcade permit, the Chief of Police shall notify the applicant in writing by certified mail with return receipt requested or by personal delivery of the granting of the permit or of any terms of the permit which may vary from the request of the application, or of the denial of such permit and the reasons therefor. The notification given pursuant to this subsection shall include a statement of the applicant's right of appeal and an explanation of the appeal procedure provided by Subsections G and H of this section. G. Appeal_procedure. Upon denial by the Chief of Police of a parade or motorcade permit application, or upon the issuance of a permit which varies in its terms from the application, the applicant may appeal the action of the Chief of Police to the City Manager by filing with the Chief of Police or his agent a written notice of appeal within five days after personal delivery or mailing of the notice by the Chief of Police, as provided in Subsection F of this section. The notice of appeal shall contain the name and address of the applicant, together with a short written statement of the grounds for appeal. The City Manager or his designate shall conduct such a hearing and, based upon the standards contained in this section, may reverse, affirm or modify the action of the Chief of Police from which the appeal was' taken. , Such hearing shall be held no later than five 'clays prior to the date requested for the parade -3- or motorcade. Notice of the date, time and place of such hearing at which the appeal will be heard shall be given in writing by personal delivery or certified mail with return receipt requested to the applicant no less than five days prior to the time of that hearing. In the event the Chief of Police lessens or waives the 30 day period mentioned in Subsection D (1), notices and hear- ing provided herein shall be given as quickly as pos- sible. H. Judicial review. After the denial or modifi- cation of the terms of a parade or motorcade permit by the Chief of Police, or after a hearing on appeal by the City Manager or his designate which affirms the action of the Chief of Police, if it appears to the City Manager, Chief of Police or other city official that such a parade or motorcade nevertheless may occur if the application is denied, or may be conducted con- trary to the modified terms of a permit, as the case may be, the City Manager, Chief of Police or other city official shall notify the City Attorney to immediately commence proceedings for a judicial review of the action of the Chief of Police or the decision of the City Mana- ger or his designate, as the case may be, and seek an injunction or other appropriate judicial relief against the applicant. I. Modification or revocation of permit--Emergency. Any permit for a parade or motorcade issued pursuant to this section may be summarily revoked, or the terms thereof modified, by the Chief of Police at any time when by reason of disaster, public calamity, riot or other emergency, the Chief of Police determines that the safety of the general public or parade or motorcade par- ticipants requires such modification or revocation. Prompt notice of such action modifying or revoking a permit shall be delivered in writing to the permittee by personal service or by certified mail with return receipt requested. J. Severability. Should any section, paragraph, sentence, clause or phrase of this section or its appli- cation to any person or circumstance be declared uncon- stitutional or otherwise invalid for any reason, such decision shall not affect the validity of the remaining portions of this section or its application to other persons or circumstances." Section 2. This ordinance shall be in full force and effect thirty days after its passage, approval and publication as provided 0 by law and by the City Charter. / PASSED BY THE CITY COUNCIL, signed and approved this / day of q-e--4- 1978. ./ ASSI 1 - 4 ,, r Mayor ATTEST: AP - Clerk -4-