The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(a) Applicant means any person who has filed a written application for a parade that is responsible for conducting the parade and the responsible organization, corporation or other group on whose behalf the individual is requesting the permit.
(b) Chief of Police shall mean the Chief of Police of the City of Park City, Kansas.
(c) City means the City of Park City, Kansas.
(d) City personnel and equipment fee is an amount of money that the city requires a parade permit holder to pay to cover the actual costs incurred by the city in providing traffic control, crowd control, clean-up and other activities necessary to ensure that the parade is conducted in an orderly and safe manner.
(e) Closure of streets means the restriction of vehicular traffic to a street or roadway or portion thereof, and includes the manual control of traffic at intersections by police.
(f) March means a parade of persons on foot, in wheelchairs or strollers, and does not include the use of motorized vehicles, bicycles, floats or animals. The march is facilitated by mobile police officers on motorcycles, bicycles, on foot or in vehicles who create and maintain a zone of protection around marchers and provide traffic control as they move along the route.
(g) Motor vehicle means every self-powered vehicle other than a motorized wheelchair.
(h) Motor vehicle event means motorcades, automobile cruises, motorcycle runs, motorcycle rallies or parades in which more than 80% of the entries are motor vehicles.
(i) Motorcycle means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground.
(j) Parade means: an organized procession of persons, motor vehicles, bicycles, floats, animals or large objects, or any combination thereof traveling in unison along or upon a street or roadway which requires the closure of streets and/or intersections or the regulation of vehicular traffic by police to prevent a conflict with the normal or regular flow of traffic upon the street or roadway.
(k) Parade permit is a permit as required by this Article.
(l) Permit holder means the person who has been issued a parade permit by the City of Park City.
(m) Person is any person, firm partnership, association, corporation, company or organization of any kind.
(n) Roadway means that portion of a street improved, designed or ordinarily used for vehicular traffic exclusive of the berm or shoulder.
(o) Sidewalk means that portion of a street between the curb line or the lateral lines of a roadway and the adjacent property lines intended for use by pedestrians.
(p) Street means the entire width between property lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular traffic. Where the word 'street' is used in this chapter, it means street, avenue, boulevard, thoroughfare, trafficway, alley and any other public way for vehicular traffic by whatever name unless the context clearly indicates otherwise.
(q) Vehicle means every device in, upon or by which any person or property is or may be transported or drawn upon a street, highway or roadway.
(Ord. 948; Code 2021; Ord. 1200)
(a) It shall be unlawful for any person to stage, present or conduct any parade without first having obtained a parade permit.
(b) It shall be unlawful for any person to participate in a parade or motor vehicle event for which the person knows a parade permit has not been granted.
(c) It shall be unlawful for any person in charge of, or responsible for the conduct of, a parade to knowingly fail to comply with any condition of the parade permit.
(d) This chapter shall not apply to:
(1) Funeral processions;
(2) A governmental agency acting within the scope of its functions;
(3) Sidewalk processions or marches conducted entirely on sidewalks which observe and comply with traffic regulations and traffic control devices.
(Ord. 948; Code 2021)
A person seeking issuance of a parade permit shall file an application with the City Clerk on forms provided by the City.
(a) Application filing period. An application for a parade permit shall be filed with the City Clerk not less than seven business days before the date on which it is proposed to conduct the parade. The applications shall be signed by the applicant.
(b) Late applications. The Chief of Police, or his or her designee, shall consider applications that are received after the seven day filing period. The Chief of Police, or his or her designee, shall approve a late application if he or she finds that there is adequate time to review the application, there are City personnel and equipment available to support the parade activity, and the standards for permit issuance set forth in Section 5-1005 are met. The speech content of the parade shall not be a consideration in whether or not approval of a late application is granted.
(c) Approval/disapproval of application. The Chief of Police, or his or her designee, shall be responsible for the processing and review of the application. The Chief of Police, or his or her designee, shall act upon the application for a parade permit within four business days after the filing thereof. The applicant will be notified by the City Clerk if the application has been approved or disapproved. If, due to the nature or scope of the parade, the application cannot be reviewed within four business days, the Chief of Police, or his or her designee, shall notify the applicant within four business days after the filing of the application that additional time is required. The length of any additional time necessary to consider the application shall be no greater than is reasonably necessary, considering the nature and scope of the parade. However, in no event shall the Chief of Police approve or disapprove an application less than forty-eight hours prior to the parade. If the Chief of Police, or his or her designee, disapproves the application, the City Clerk shall mail to the applicant, within five business days after the date on which the application was filed, a written notice of disapproval, which shall set forth the reasons for disapproval of the permit and the applicant’s right of appeal. The Chief of Police, or his or her designee, is empowered to consider alternative dates, times and locations presented by the applicant provided these alternatives meet the standards for issuance set forth in Section 5-1005. No additional processing fee will be charged for consideration of alternative dates, times and locations, provided the alternatives are presented by the applicant contemporaneously with the notice of disapproval.
(d) Application contents. The application for a parade permit shall set forth the following information:
(1) The name, address and telephone number of the person or entity seeking to conduct such parade;
(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;
(3) The name, address and telephone number of the person who will be responsible for the conduct of the parade;
(4) The date when the parade is to be conducted;
(5) A map or diagram of the route to be traveled, the starting point and the termination point;
(6) The approximate number of persons, animals and vehicles which will constitute the parade; including the type of animals and description of any vehicles;
(7) The time when such parade will start and terminate;
(8) A statement as to whether the parade will occupy all or only a portion of the width of the streets proposed to be traversed;
(9) The time and location by streets of any assembly areas for such parade.
(Ord. 948; Code 2021)
(a) Processing fee. At the time of filing an application for a parade permit, there shall be paid a processing fee of $50.00 for the administrative costs associated with processing the application.
(b) City personnel and equipment fee. In addition to the processing fees, parade permit applicants, shall pay, upon issuance of the permit, the actual City Personnel and Equipment Fees necessitated by the parade.
(c) The Chief of Police shall establish a formula for determining the minimum number of law enforcement officers necessary to provide traffic enforcement and rerouting of traffic for the proposed parade. The criteria set forth below shall be utilized in determining the personnel necessary to ensure that the parade is conducted in an orderly and safe manner:
(1) Number of entries or participants;
(2) Whether the parade includes motor vehicles or all participants are walking;
(3) Duration of parade;
(4) Time and day of the week of the event;
(5) The number and type of streets and intersections to be closed;
(6) The amount of traffic to be rerouted;
(7) Whether entire or partial roads are closed.
In determining the amount of personnel needed to provide traffic control for the parade, the Chief shall not consider the speech content of the parade activity.
(d) All marches, as defined herein, shall not be required to pay city personnel or equipment fees. Such marches shall only pay the application fee of fifty dollars ($50.00).
(e) If any person or organization disagrees with the determination of the amount of the City Personnel and Equipment Fee, that person or organization may request reconsideration in accordance with the appeal procedures set forth in Section 5-1008. This reconsideration procedure shall be exclusive means for fee reconsideration, and no elected or appointed official may otherwise waive or fail to assess processing fees and personnel and equipment fees.
(f) If the permit holder is unable to hold or conduct the approved parade due to inclement weather or some other cause not within the permit holder's control, the permit holder may submit a written request for the refund of City Personnel and Equipment Fees to the City Clerk within ten days after the date on which the parade was to be held. The City Clerk shall reduce the City Personnel and Equipment Fee to ensure that the permittee is charged only for the actual costs of City personnel and equipment provided in support of the parade activity. The City Treasurer shall refund any excess City Personnel and Equipment Fees paid, except for the fifty dollar ($50.00) processing fee.
(g) Any fees due under this section shall be waived for any parade or march that is sponsored by the City.
(Ord. 948; Ord. 995; Code 2021; Ord. 1200)
The Chief of Police or his or her designee shall approve issuance of a permit as provided for under this chapter when, from a consideration of the application and from such other information as may otherwise be obtained, he or she finds that:
(a) The conduct of the parade will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route;
(b) The conduct of the parade will not require the diversion of so great a number of police officers of the City as to prevent normal police protection to the City;
(c) The concentration of persons, animals and vehicles at assembly points of the parade will not interfere with adequate fire and police protection of, or ambulance service to, areas contiguous to such assembly areas;
(d) The conduct of such parade will not interfere with the movement of emergency equipment;
(e) The conduct of the parade is not reasonably likely to cause injury to persons, property, roadways or public property;
(f) The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route;
(g) The parade is not to be held for the sole purpose of advertising any product, goods, or event, and is not designed to be held purely for private profit. Provided, however, that this prohibition shall not apply to signs identifying organizations or sponsors furnishing or sponsoring floats or transportation for any given parade;
(h) The course and/or time of the proposed parade does not interfere with the parade of any other person or organization who currently holds or has applied for a parade permit;
(i) The permit application is incomplete;
(j) The applicant has had a parade permit revoked within the preceding two years of the application;
(k) The applicant has failed to pay all necessary fees;
(l) The parade is scheduled to be conducted between the heavy traffic demand hours of seven a.m. and nine a.m. and four p.m. and six p.m.
(m) No parade permit shall be issued for a parade to be held on any portion of Highway I-135.
(n) The applicant shall designate the starting point of the parade and its termination point. No parade shall travel over any portion of a street on the same route more than once during one parade but shall move from point of origin to point of destination in a reasonably continuous manner.
In the event that the Chief of Police determines that one or more of the above listed findings cannot be met by the applicant, he or she may still issue a parade permit with conditions that the applicant must meet before the parade can be held.
The speech content of the parade shall not be a consideration in reviewing the standards for permit issuance.
(Ord. 948; Code 2021)
(Ord. 948; Code 2021)
Each parade permit shall state the following information:
(a) Date and location of the parade;
(b) Starting time and termination time of the parade;
(c) The portions of the streets to be traversed that may be occupied by the parade;
(d) The maximum length of the parade in miles or fractions thereof;
(e) Such other information as the Chief of Police or his or her designee shall find necessary to the enforcement of this chapter.
(Ord. 948; Code 2021)
(a) Any person aggrieved by the denial or revocation or a parade permit shall have the right to appeal the denial or revocation by filing an immediate request for a hearing which shall be conducted by the City Administrator. The hearing on appeal shall be scheduled and held by the City Administrator no later than three business days after the notice of appeal is filed with the City. The sole issue for determination by the City Administrator shall be whether the decision of the Chief of Police, or his or her designee, was within the scope of his or her authority, supported by substantial evidence and not arbitrary and capricious. The filing of a written appeal under this subsection shall not stay any fees assessed, denial of a parade permit or revocation of a parade permit by the Chief of Police or his or her designee.
(b) The City Administrator’s decision regarding an appeal for reconsideration of the determination of the amount of the City Personnel and Equipment Fees shall not be appealable to the City Council.
(Ord. 948; Code 2021)
(a) In the event that an applicant or a permit holder desires to appeal the decision of the City Administrator regarding the denial or revocation of a permit to the City Council, written notice of such appeal shall be filed with the City Clerk within ten business days of the date upon the City Administrator’s written decision. Any appeal taken from the decision of the City Administrator shall stay his or her order until the matter is heard and a decision rendered by the City Council.
(b) The City Clerk shall schedule a hearing before the City Council at its next regularly scheduled meeting, which shall occur no later than thirty days from the date of the filing of the Notice of Appeal with the City Clerk.
(c) The City Council may approve the denial or revocation, overrule the denial or revocation or modify the decision of the City Administrator.
(Ord. 948; Code 2021)
(a) A permit holder hereunder shall comply with all permit directions and conditions and with applicable laws and ordinances.
(b) The person heading or leading such activity shall carry the parade permit upon his person during the conduct of the parade, and shall be responsible for moving the parade from its point of origin to its point of termination expeditiously and without unreasonable delays in route.
(Ord. 948; Code 2021)
(a) No person shall unreasonably hamper, obstruct or impede, or interfere with any parade, motor vehicle event, or any person, vehicle or animal participating or used in a parade or motor vehicle event.
(b) No driver of any vehicle shall drive between the vehicles or persons comprising a parade or motor vehicle event when such vehicles or persons are in motion and are conspicuously designated as a parade or motor vehicle event. Provided, however, that this prohibition shall not apply to police, fire or ambulance vehicles when engaged in police, fire or ambulance functions.
(c) The Chief of Police and Director of Public Works shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a street or part thereof constituting a part of a parade or motor vehicle event, and to post signs to such effect. 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 an un-posted street in violation of this chapter.
(d) It shall be unlawful for any person as a parade or motor vehicle event participant to discharge or fire any gun, pistol, air rifle, pellet gun, BB gun or any firearm, as a part of, during, or along any parade route while a parade is in progress, provided, however, that firearms loaded with blank ammunition which when discharged does not produce any noise greater than that produced by .22 caliber blank ammunition may be used as a part of the parade. This prohibition shall not apply to law enforcement officers engaged in the performance of their duties.
(Ord. 948; Code 2021)
If, after issuance of the parade permit and before the date of the parade, there is a violation of any term, condition, restriction or limitation of such permit, the Chief of Police, or his or her designee, shall conduct a review or investigation to determine whether the violation can be remedied prior to the date of the parade. If the violation can be remedied, the parade will proceed as set forth in the permit. If the violation cannot be remedied prior to the date of the parade, the parade permit will be revoked. If the violation occurs during the conduct of the parade, the Chief of Police, or his or her designee, may revoke the permit and immediately terminate all parade activity if he or she determines that the public safety is jeopardized by the violation of parade permit standards. The Chief of Police, or his or her designee, also has the authority to revoke the parade permit and terminate the parade activity when a public emergency arises where police resources required for that emergency are so great that deployment of police services for the parade would have an immediate and adverse effect upon the welfare and safety of persons or property. Appeal of the permit revocation may be taken in accordance with the appeal procedures set forth in Section 5-1008.
(Ord. 948; Code 2021)
(a) Applicants or parade sponsors must execute a written indemnity agreement in the form required by the City, indemnifying and holding harmless, the City and its officers and employees against all claims, damages or causes of action arising from the parade resulting in injury, damage or death or damage to personal property.
(b) The applicant shall take all reasonable measures necessary to protect the parade participants or marchers.
(Ord. 948; Code 2021)
If any section, subsection, sentence, clause or phrase of this article is for any reason held invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article.
(Ord. 948; Code 2021)