Loading...
ORD1972240ORDINANCE 1240 (As Amended) /"- AN ORDINANCE CREATING SECTION 12.17 OF THE MUNICIPAL CODE, REGULATING PARADES AND OTHER SIMILAR USES OF PUBLIC PLACES THE COMMON COUNCIL OF mE CI TY OF MUSKEGO, WISCONSIN, DO ORDAIN AS FOLLOWS: SECTION 1: Section 12.17 of the Municipal Code of the City of Muskego, is hereby created to read as follows: 12.17 PARADES: (1) Definitions. (a) "Parade" is any parade, march, ceremony, show, exhibition, pageant, or procession of any kind, or any similar display, in or upon any street, park or other public place in the City. (b) Public place shall include any public park, school grounds, street, sidewalk or highway or any other place made available to the general public. (c) "Parade Permit" is a permit as required by this ordinance (2) Permit Required. No person shall engage in, participate in, aid, form or start any parade, unless a parade permit shall have been obtained from the Chief of Police. (1) Exceptions. This ordinance shall not apply tc: r- (a) funeral processions; (b) students going to and from school classes or participating in educational activities, providing such conduct is under the immediate direction and supervision of the proper school authorities; (c) a governmental agency acting within the scope of its functions. (3) Application. A person seeking issuance of a gathering or 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 filed with the Chief of Police not less than 30 days before the date on which it is proposed to conduct the parade. Contents. The application for a parade permit shall set forth the following information: -, (2) (a) The name, address and telephone number of the person seeking to conduct such parade; (b) ,/- (c) (d) (e) (f) (g) - 2 - 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 organization, and of the authorized and responsible heads of such organization; The name, address and telephone number of the person who will be the parade chairman and who will be responsible for its conduct; The date when the parade is to be conducted; The route to be traveled, the starting point and the termination point; The approximate number of persons who, and animals and vehicles which, will constitute such parade; the type of animals, and description of the vehicles The hours when such parade will start and terminat,~; (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; (i) (j) (k) (1) ,-.. The location by streets of any assembly areas for such parae; The time at which units of the parade will begin to assembly at any such assembly area or areas; The interval of space to be maintained between units of such parade; If the parade is designed to be held by, and on behalf 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 hø1d the parade, authorizing the applicant to apply for the permit on his behalf; (4) Late applications. The Chief of Police, where good cause is shown therefore, shall consider any application hereunder which is filed less than 30 days before the date such parade is proposed to be conducted. (5) Fee. There shall be paid at the time of filing the application for a parade permit, a fee of $5.00. (6) Standards for Issuance. The Chief of Police shall issue a permit as provided for hereunder when, from a con- sideration of the application and from such other information as may otherwise be obtained, he finds that: r .. " (1) . .- 92) (3) (4) (5) - 3 - The conduct of the parade will not substantially interrupt the safe and orderly movement of other traffic contiguous to its routes; The concentration of persons, animals and vehicles at assembly points of the parade will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such assembly areas; The conduct of such parade will not interfere with the movement of fire-fighting equipment enroute to a fire; The conduct of the parade is not reasonably likely to cause injury to persons or property, or to provoke disorderly conduct; The parade is not to be held for the sole purpose of advertising any product or goods and is not designed to be held purely for private profit. (7) Notice of Rejection. The Chief of Police shall act upon the application for a parade permit within 5 days after the filing thereof. If the Chief of Police disapproves the application, he shall mail to the applicant within 5 days after the date upon which the application was filed, a'notice of his action, stating the reasons for his denial of the permit. Said notice shall be by certified mail, mailed to the post office address stated on the application. (8) Appeal Procedure. Any person aggrieved shall have the right to appeal the denial of a parade permit to the City Council. The appeal shall be taken within 5 days after notice. The City Council shall act upon the appeal at its next regular Council meeting. (9) Notice to City and Other Officials. Immediately upon the issuance of a parade permit, the Chief of Police shall send a copy thereof to the following: r (a) (b) (c) (d) (e) The Mayor The Fire Chiefs The Superintendent of Public Works The General Manager or responsible head of each public transportation utility, the regular route of whose vehicles will be affected by the route of the proposed parade The Aldermen (10) Contents of Permit. the following information: Each parade permit shall state ",- r r (1) (2) (3) Starting time; The portions of the streets to be traversed th~t may be occupied by the parade; Such other information as the Chief of Police shall find necessary to the enforcement of this ordinance; - 4 - (11) Duties of Permittee. A permittee hereunder shall comply with all permit directions and conditions and with all applicable laws and ordinances (1) (12) (1) (2) ,.- (3) 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. Public Conduct during parades Interference. No person shall unreasonably hamper, obstruct, or impede, or interfere with any parade or parade assembly or with any person vehicle or animal participating or used in a pa rade Driving Through Parades. No driver of a vehicle shall drive between the vehicles or persons comprising a parade when such vehicles or persor' are in motion and are conspicuously designated as a parade Parking on Parade Route. The Chief of Police shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a highway or part thereof con- stituting a part of the route of a parade. The Chief of Police may have signs posted to such effect, and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof. No person shall be liable for parking on a street unposted in violation of this Ordinance. (13) Revocation of Permit. The Chief of Police shall have the authority to revoke a parade permit issued hereunder upon violation of the standards for issuance as herein set fortI (14) Penalties. Any person, firm or corporation violating any of the provisions of this ordinance shall be subject to a forfeiture of not less than $25.00 nor more than $200.00 and in default of payment of said forfeiture, will be imprisoned in the county jail for a period not exceeding 30 days. SECTION 2: All ordinances or parts of ordinances inconsistent with or contravening this ordinance are hereby repealed. SECTION 3: This ordinance shall be in full force and effect from and after its passage and publication. 28th , 1972 PASS AND APPROßD 'IRIS - r A~;.~~ City Clerk PUBLISHED: 12/7/72 je November DAY OF