HomeMy WebLinkAbout1996-04-22 96-199 ORDINANCE61
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COUNCIL ACTION
Item No. 96-199
Date Aoril 22 1996
Item/Subject: amending Chapter VI, Article 11 of the Laws 6
Ordinances of the City of Bangor -- Regulating Parades
Responsible Department: Legal
Commentary:
The attached version of the City of Bangor's Parade Ordinance would
correct several deficiencies in the present ordinance identified as
a result of recent decisions in the District Three District Court.
The proposed revisions would redefine the term 'picket", clarify
provisions relating to applications and application fees, add a
additional notification requirement, and make other changes of an
editorial nature.
a
Associated Information: p
Finance Director
•1
City sal'citor
canoed For
Passage
First Reading
Referral Page 1 of 9
96-199 FINAL
AMENDMENT BY SUBSTITUTION
AtdptW to ComwHor
CITY OF BANGOR
(TITIEJ Mrbit[ TCCr Amending Chapter VI, _Article 11 of the Laws
and Ordinances of the City of Bangor -- Parades and Public Assemblies
Bea ordained 6y me Ctty Coaae0. oft City ofRae0r, as foNome:
THAT Chapter VI, Article 11 of the Laws and Ordinances of the City
of Bangor be amended in its entirety, as follows:
See attached
Statement of Fact: This ordinance would amend Chapter V1,
Article SiTthe Laws and Ordinances of the City of 'Bangor,
titled "Regulating Parades", in its entirety, by replacing the
current ordinance with the attached ordinance titled 'Parades
and Public Assemblies."
e 96-199
"ig:ed to Caumcdor Leen April 22, 1996
CITY OF BANGOR
(TRE.) (0Cai11MUr, Amending Chapter.yl:, Article 11 of the Laws
6 Ordinances of the City of Bangor -- Regulating Parades
&4ordained Ey Ow City Cwneil of Cttp ofEaaaor, ae foltww:
-THAT Chapter vi, Article 11 of the Laws and Ordinances of the City
of Bangor he emended, as follows:
See attached
Dote: Deletions are streek-eet and additions are underlined.
96-199
IN CITY COUNCIL
CHOINANCE
April 22, 1996 -
-
a
First Reeding
-
Referred to Municipal
( yI')'(g)
Amending
Chapter IV, Article
k'1
Operations ttee
of the
Lawe 6 Ordinances
of the City o
-
Bangor
- Regulating Parades.
CITY CLCR
ITECOUNL
/!
(�(.
July 22, 1996
Awgned to
Referred to Bull Council
I
Workshop
QUA
�1�
in CL
ll6
T ITY COUNCIL
August 12, 1996
(See ttac d) for action)
-
G111 CLE
S
FINAL AMENDMENT BY SUBSTITOTION
CHAPTER VI
ARTICLE 11 - PARADES AND PUBLIC ASSENBLIES
Sac. 1. Title.
This Ordinance shall be known and may be cited as the "Parade
and Public Assembly Ordinance of the City of Bangor'.
Sec. 2. Definitions
(1) "Chief of Police" means the person holding appointment as
the City of Bangor Chief of Police, or any other person actually
performing duties as the City of Bangor Chief of Police on an
acting, temporary, or interim basis.
(2) 'City' means the City of Bangor.
(3) "March" means any organized movement of persona i
vehicles or an foot -along a definite route, or from one point to
another, other than for ordinary transportation purposes.
(4) "Parade" means any march, demonstration, or motorcade
consisting of persons, animals, or vehicles or a combination
thereof upon the public streets, parks or sidewalks within the City
that interferes with or has a tendency to interfere with the normal
flow or regulation of vehicular or pedestrian traffic, or that
interferes with or has a tendency to interfere with access of any
person to public or private premises.
(5) "Parade permit" means a permit as required by this
Ordinance. -
(6) "Person" means any natural person, firm, partnership,
association, corporation, company or organization of any kind.
(7) 'Public assembly" means any meeting, demonstration, picket
line, or rally of three (3) or more persons for a common purpose,
as a result of prior planning upon the public streets, parks or
sidewalks of the City that interferes with or has a tendency to
interfere with the normal flow or regulation of pedestrian o
vehicular traffic, or that interferes with or has a tendency to
interfere with access of any person to public or private premises.
(B) "Sidewalk" is any area, way or bridge set aside or open to
the general public for purposes of pedestrian traffic, whether or
not it is paved.
(9) "Street" is any a way or bridge set aside o open to
the general public for purposes of vehicular traffic, including any
berm, shoulder, parkway, right-of-way, traffic island or median
strip thereof.
_2_
Sec. 3. Fermat R
We person shall engage in, participate in, aid, form, start or
conduct any parade or public assembly on any public street, park,
or sidewalk, unless a permit is first obtained for that purpose
from the Chief of Police.
Sec. 4. sacemtiMS..
This ordinance shall not apply to the followings
(1) Funeral processions, provided that written or telephonic
notice is given to the Chief of Police or his designee at least 24
hours prior to any funeral procession;
(2) Students going to and from school classes or participating
in educational activities, provided that Boon conduct is. under the
Lmnediate direction and supervision of the proper school
authorities;
(3) A -governmental agency acting within the scope of its
functions; and
(4) Spontaneous events occasioned by news or affairs coming
into public knowledge within three (3) days prior to such parade or
public assembly, provided that any organizer of such events gives
written notice to the Chief of Police or his designee at least
twenty-four (24) hours prior to such parade or public assembly.
Sec. 5. Analication
(1) A person seeking a Parade or public assembly permit shall
file an application with the Chief of Police on forme provided and
the application shall be signed by the applicant under oath. _
(2) An application for a permit shall be filed with the Chief
of Police at least seven (7) and not more than thirty (30) days
before the parade or public assembly is proposed to commence. The.
Chief of Police may waive the minimum seven (7) day filing period
-
and accept an application filed within ashorter period if, after
due consideration of the date, timet place, and nature of the
parade or public assembly, the anticipated number of participants,
and the City services required in connection with the event, the
Chief of Police determines that the waiver will not present a
hazard to public safety.
(3) For parades or public assemblies to be held on a regular
or recurring basis at the same location, a application for a
permit covering all such parades or public assemblies for any
Period of up to thirty (30) days may be filed with the Chief of
Police at least seven (7) and not more than thirty (30) days before
-3 -
the date and time at which the first such Parade or public assembly
during the period covered by the application is proposed to take
place. The Chief of Police may waive the minimum seven (7) day
filing period and accept an application filed within a shorter
Period if, after due consideration of the date, time, place, and
nature of the parade or public assembly, the anticipated number of
participants, and the City services required in connection with the.
vent, the Chief of Police determines that the waiver will not
present a hazard to public safety.
(4) The application for a parade or public assembly permit
shall set forth the following information:
(a) The n address and telephone number of the person
seeking to conduct such parade or public assembly;
(b) The names, addresses and telephone numbers of the
headquarters of the organisation for which the parade or public
assembly is to be conducted, if any, and the authorized and
responsible heads of the organization;
(c) The name, address and telephone number of the person
who will be the parade or assembly chairman, and who will be
responsible for its conduct;
(d) The requested date of the parade or public assembly;
(e) The route to be traveled, including starting point
and the termination point; or if the parade or public assembly will
occur at a fixed location, the location concerned;
(£) The approximate number of persona, animals and
vehicles which will constitute the parade or public assembly and
the types of animals and a description of the vehicles;
(g) The hours when such parade or public assembly will
start and torainote;
(h) A statement as to whether the parade or public
assembly will occupy all or only a Portion of the width of the
streets proposed to be traversed; -
(1) The location by street of any assembly areae for such
parade or public assembly;
(j) The time at which units of the parade or public
assembly will begin to assemble at any such area;
(k) The intervals of space to be maintained between units
of such parade or public assembly;
-4-
(1) If. the parade or public assembly is designed to be
held by, or on behalf of, any person other than the applicant, the
applicant for such permit shall file a letter from that person with
the Chief of Police authorizing the applicant to apply for the
permit on him behalf;
(m) The type of public assembly, including a description
of activities planned during the event;
(n) A description of any recording equipment, sound
amplification equipment, banners, signs, or other attention -getting
devices to be used in connection with the parade or public
assembly;
(o) The approximate number of participants (spectators
are by definition not participants);
(p) The approximate number of spectators;
(q) A designation of any public facilities or equipment
to be utilized; and
(r) Any additional information that the Chief of Police
finds reasonably necessary to a fair determination as to whether a
permit should issue.
Sec. 6. Pees
(1) A non-refundable fee of $5.00 to cover administrative
costa of processing the permit shall be paid to the City of Bangor
by the applicant when the application is filed. No more than one
application fee shall be charged for each event for which a permit
is sought. Multiple -date events for which a single permit is
sought under Sec. 5(3) above shall be charged a single $5.00
application fee. The Chief of Police shall waive this fee upon
certification by the applicant that the applicant and any
sponsoring organization are each unable to pay the required fee.
(2) If the application includes the use of any City property,
other than streets, parka or sidewalks, or if any City services
shall he required for the parade or public a, sembly, the applicant
shall pay, prior to the issuance of a permitthe charges for those
services in accordance with a schedule of service costs approved by
the City Council.
Sec. 7. Police protection.
(1) The Chief of Police shall determine whether and to what
extent additional police protection is reasonably necessary for the
parade or public assembly for traffic control and public safety.
3
The Chief of Police shall base this decision on the size, location,
duration, time and date of the event, the expected sale orservice
of alcoholic beverages, the number of streets and intersections
blocked, and the need to detour or preempt citizen travel and use
of the streets and sidewalks. The speech content of the event
shall not be a factor in determining the mount of police
protection necessary. If possible, without disruption of ordinary
Police services or compromise of public safety, regularly scheduled
on -duty personnel will police the event. If additional police
protection for the parade or public assembly is deemed necessary by
the Chief of Police, he shall so inform the applicant for the
permit. The applicant then shall have the duty to secure the
police protection deemed necessary by the Chief of Police at the
sole expense of the applicant•
(2) Persons engaging in paradox or public assemblies conducted
for the sole purpose of public issue speech protected under the
First Amendment are not required to pay for any police protection
provided by the City.
Sec. S. Standards for Issuance.
(1) The Chief of Police shall issue a permit as provided for
herein when, from acnsideration of the application and from such
other information as may otherwise be obtained, he finds that;
(a) The conduct of the parade or public assembly will not
substantially interrupt the safe and orderly movement of other
pedestrian or vehicular traffic contiguous to its route or
location. No permit may be issued for any public assembly to take
place within thirty feet (30') of any street intersection,
including intersections of public streets with approved private
streets, unless the permit includes arrangements for necessary
traffic control as provided in section 7(1) above. Provided
further that at any location where on -street vehicle parking is
allowed within thirty feet of a street intersection, permits may be
issued for public assemblies on the sidewalk or road shoulder
adjacent to that portion of the street where on -street vehicle
Parking is allowed.
(b) The conduct of the parade or public assembly will not
require the diversion of so great a number of City police officers
to properly police the line of movement and the areas contiguous
thereto as to prevent normal police protection of the City;
(c) The concentration of persons, animals, or vehicles at
public assembly points of the parade or public assembly will not
unduly interfere with proper fire and police protection of, or
ambulance service to, areas contiguous to such public assembly
areae;
-6-
(d) The conduct of the parade or public assembly is not
reasonably likely to cause injury to persons or property;
,(e) if a march, procession, or motorcade is planned, the
parade or public assembly is scheduled to move from its point Of
origin to its point of termination expeditiously and without
unreasonable delays en route; - --
(f) Adequate sanitation and other required health
facilities are or will be made available in or adjacent to any
public assembly areas;
(g) There are sufficient parking places near the site of
the parade or public assembly to accommodate the number of vehicles
reasonably expected;
(h) The applicant has secured the police protection, if
any, required under Section );
(i) Such parade or public assembly is not for the primary
purpose of advertising any product, goods or event that is
primarily for private profit, and the parade itself is not
primarily for profit. The prohibition against advertising any
product, goods or event shall not apply to signs identifying
organisations or sponsors furnishing or sponsoring exhibits or
structures used in the parade;
(j) No parade permit application for the same time and
location is already issued or has been received andwill be issued;
(k) No event is scheduled elsewhere in the.City where the
police resources required for that event are so great that the
deployment of police services for the proposed parade or public
assembly would have an immediate and adverse effect upon the
welfare and safety of persons and property.
(2) No permit shall be issued that allows for the erection o
placement of any structure, whether permanent or temporary, on a
City street, sidewalk, or right-of-way unless advance approval for
the erection or placement of the structure. is obtained from .the
city.
(3) No permit shall be issued for any parade or public
assembly to be conducted at any location where parades or public
assemblies are prohibited by applicable federal, state or local
laws or ordinances, or applicable rules of any court. See_, e.g.
21-A MRSA 5 682; 26 MRSA S 595(4)(B).
(4) Permits issued under this ordinance shall not be deemed to
confer any right to conduct the applicant's parade or public
assembly on the private property of any person, except with
permission of the property owner or lessee.
Sec. 9. mon-Discrimination
The Chief of Police shall uniformly consider each application
upon itsmerits and shall not discriminate in granting or denying
-
permits under this Ordinance based uponpolitical, religious,
ethnic, race, disability, sexual orientation or gender related
grounds, or based upon the content of any message sought to be
disseminated by the applicant, organizers or sponsors of the event.
Sec. 10. Notice of penl,al of Aoolication.
The Chief of Police shall act promptly upon a timely filed
application for a parade or public assembly permit but in no event
shall grant or deny a permit less than forty-eight (48) hours prior
to the event. if the Chief of Police disapproves the application,
he shall notify the applicant either by Personal delivery or
certified mail at least forty-eight (48) hours prior to the event
of his action and state the reasons for denial.
Sec. 11. Alt m ti Permit.
(1) The Chief of Police, in denying an application for a
parade or public assembly permit, may authorize the conduct of the
parade or public assembly at a date, time, location, or route -
different from that named by the applicant. An applicant desiring
to accept an alternate permit shall, within five (5) days after.
notice of the action of the Chief of Police, file a written notice
of acceptance with the Chief of Police.
(2) An alternate parade or public assembly permit shall
conform to the requirements of, and shall have the effect of, a
Parade or public assembly permit issued under this Ordinance.
Sec. 12. Appeal Procedure.
(1) Any applicant shall have the right to appeal the denial of
a parade or public assembly permit to the City Manager. The denied
applicant shall make the appeal within five (5) days after receipt
of the denial by filing a written notice with the Chief of Police'
and a copy of the notice with the City Clerk. The City Manager
shall act upon the appeal within two (2) working days of receipt.
(2) In the event that the City Manager rejects an applicant's
appeal, the applicant may file an immediate request for review with
a court of 'competent jurisdiction.
See. 13. Notice to City Officials aM Others.
Ivmiediately upon the issuance of a parade or public assembly
6'
permit, the Chief of Police shall send a copy thereof to the
following;
(a) The City Manager;
(b) The City Attorney;
(c) The Fire Chief;
(d) The Director of the City's Department of Public
Services;
(e) The manager or responsible head of each public
transportation utility, the regular routes of whose vehicles will
be affected by the route of the proposed parade or public assembly.
(f) To the extent practicable, the owner or occupants of
any premises along the .parade mute or adjacent to the permitted
location of the public assembly who may be inconvenienced by the
parade or assembly. Such notice may be given by general notice,
e.o, by published notice of a parade route, whenever individual
notice to affected property owners or occupants is impracticable
due to the number of such persona or time constraints.
(g) Any resident of the City who requests notice of
issuance of a parade permit in a specific area. If the resident
requests such notice, the Police Chief or designeeshall provide
the resident with a copy of each such permit at the time the permit
is issued. Requests for individual notice under this subsection
must be renewed annually.
Sec. 14. Contents of Permit.
Each parade or public assembly permit shall state the following
information
(a) Starting .and approximate ending time;
(b) Minimum speed of parade unite;
(c) Maximum speed of parade units;
(d) Maximum interval of apace to be maintained between
parade units;
(e) The portions of the streets that may be occupied by
the parade or public assembly;
(f) The maximum length of the parade in miles or
fractions thereof; and
(g) Such other information as the Chief of Police shall
find necessary to the enforcement of this Ordinance.
M
Sec. 15. rambles of permittee.
(1) A permittee hereunder shall comply with all permit
directions and conditions and with all applicable laws and
ordinances.
(2) The parade or public assembly chairman or .other person
heading such activity shall be present and shall carry the parade
or public assembly permit upon his person at all times during the
conduct of the parade or public assembly. The chairman shall
provide the permit for inspection upon request of any law
enforcement officer. _
sec. 16. Prohib"t"oM.
The following prohibitions shall apply to all parades and
public assemblies: -
(I) It shall be a violation of this ordinance for any person
to stage, present, or conduct any parade or public assembly without
first having obtained a permit as herein provided;
(2) it shall be a violation of this ordinance for any person
to participate in a parade or public assembly for which the person
knows a permit has not been granted;
(3) It shall be a violation of this ordinance for any person
in charge of, or responsible for the conduct of, a duly licensed
parade or public assembly to knowingly fail to comply with any
condition of the permit;
(4) It shall be a violation of this ordinance foranyperson
to engage in any parade or public assembly activity that would
constitute a substantial hazard to the public safety or that would
materially interfere with or endanger the public peace or rights of
residents to the quiet and peaceful enjoyment of their property;
(5) It shall be a violation of this ordinance for any person
participating in any parade or public assembly to carry or possess
any length of petal, lumber, wood, or similar materialforpurposes
of displaying a sign, poster, plaque or notice, unless such object
is one-half inch (1/2") or less in thickness and two inches (2") or
less in width, or if not generally rectangular in shape, such
object shall not exceed three-fourths inch (3/4") in its thickest
dimension;
(6) It shall be a violation of this ordinance for any person
to carry any sign, poster, plaque, or notice, whether or not
mounted on a length of material as specified in subsection (5) of
this Section, unless such sign, poster, plaque, or notice is
constructed or made of a cloth, paper, or cardboard material;
-10-
(7) It shall be a violation of this ordinance for any person
participating in a parade or public assembly to utilise sound
amplification equipment at decibel levels that exceed those limits
Imposed by Chapter VII, article 17, Laws and Ordinances of the City
of Bangor; _
(S) It shall be a violation of this ordinance for any person --
participating in a parade or public assembly to ride, drive, or
cause to be ridden or driven any animal or any animal -drawn vehicle
upon any public street, unless specifically authorized by the
permit.
Sec. 17. Public Conduct D Ina Parades or Public Assemblies
(1) Interference. No person shall unreasonably hamper,
obstruct or Impede, or interfere with any parade or public assembly
or with any person, vehicle or animal participating or used in a
parade or public assembly.
(2) Driving through Parades. No driver of a vehicle shall
drive between the vehicles or persons comprising a parade or public
assembly when such vehicles or persons
are in motion and are
conspicuously designated as a parade orpublic assembly.
(3) Parkin on Parade Route. The Chief of Police shall have
the authority, when reasonably necessary, to prohibit or restrict
the parking of vehicles along a street constituting a part of the
route or location of a parade or public assembly.. The Chief of
Police shall post signs to the effect, and it shall be unlawful for
any person to park or leave unattended any vehicle in violation
thereof.
Sec. 15. Revocation Of Permit.
The Chief of Police shall have the authority to revoke a parade
or public assembly permit instantly upon violation of the
conditions or standards for issuance as set forth in this ordinance
or when a public emergency arises where the police resources
required for that emergency are so great that deployment of police
services for the parade or public assembly would have an immediate
and adverse effect upon the welfare and safety of persons or
property.
Sec. 19. Pewlties.
Any person, firm or corporation convicted of 'violating any of
the provisions of this Ordinance shall be fined in an amount not
exceeding One Hundred Dollars ($100.00). The maximum fine shall be
increased to Five Hundred Dollars ($500.00) for each repeat offense
within a one-year period. Each day's violation for which a -
separate citation is issued shall constitute a separate offense.
Sec. 20. Severability.
If any section, subsection, sentence, clause or phrase of this
Ordinance 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
Ordinance.
96-199
CHAPTER VI
ARTICLE 11 - REGULATING PAHADES
Sec. 1 Short Title. This Ordinance shall be known and may be
cited As the "Parade Ordinance of the
City Of Banger."
Sec. 2 Definitions.
(1) "City" is the City of Bangor.
(2) "March" means any organised movement of erx or more
persons in vehicles or on foot or along afixed
route, or from one point to another, other than for
ordinary transportation purposes.
(3) "Parade" is any parade.-p}ekefr-mamek-er
preeess#ea-a€-aay-k#aa march or Picket in or upon
any street, park, side Walk or other public way i
the City. For Purposes of this ordinance. the term
"Parade" does not include:
lai funeral processions;
u. students going to and from school classes o
Participating in educational activities,
Providingh conduct is underthe immediate
directionand supervision of the Proper school
authorites:
L1 activities of a governmental agency acting
within the scope of its functions.
(4) "Parade Permit" is a permit as required by this
Ordinance.
(5) "Person" is any person, firm, partnership,
association, corporation, company or organization
of any kind.
(6) "Picket" means a-@eraaa-ee six o e persons
assembled o stationed outside of a building or
other fixed location,-as-see}ng_H-BEmike-er
carryidispe d -§signs, bannerseor c
visible or passing
nog signs banners o graters
visible to passing motorif a when the ns,aggregate
nns
surface area lone side) of all such 8 banners
or Posters exceeds [en f101 square Eeetns
Sec. 3 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
idipd}_e€€#eere-er-app-9efaangoieofeP-by-#f
fes§rash-ea#9-gene#E. City of Bangor
Chief
f of Police or
his OY her d@BiOR@@.
E}j__MpBBBf iBR6.--4'hiB-B£diA Bp a@-6hd}}�pef-d[3[3 }1,_fB1
96-199
Sec. 4 Application. A person seeking issuance of a parade
permit shall file an application with the
Police Chief or designee maa£e£�a}_e€€£eeEs-eE-any
9epaEsmen€-Ase#gaate9-Bp-#€-€e-gEast-ea#�_�eEm#a on
forms provided.
(1) Filing Period. An application for a parade permit
must seal} be filed with the
BE-eey-depeEChief-orB#gaafe9-9y
not
tf-ea$9-pysA£E Police Chief or days
before not less than ] days nor more than 30 days before
the date on which it is proposed to conduct the
parade. In the case of
a local to be conducted o
multiple dates ets sinib gle location idle
application may be filed for all reguested
specified
dates
within a riod of pp is 90 days as Multiple d in
the etslmustibe Applications for muldays date
Pickets must be filed not less than ] days nor more
than 30 days before the first date
sin for which a
Parade a file is requested. A single nsulicateac
shall be filed by the organizer or sponsor of each
parade.
(2) Contents. The application for a parade permit
shall set forth the following
information:
(a) The nmaddress and telephone number of the
person seeking to conduct such parade;
(b) if the parade is proposed to be conducted for,
n behalf of, or by anorganization, the name,
address and telephone number of the
headquarters of the organization, and of the
authorized and responsible heads of such
organization;
(c) The n address and telephone number of the
personwhowill be the parade chairman and who
will be responsible for its conduct;
(d) The date or dates when the parade is to be
conducted;
(e) If the Parade consists of a march, the route
to be traveled, the starting point and the
termination point; and if the Parade consists
of a Picket, the location of the picket:
(£) The approximate number of per s who, and
animals and vehicles which, will constitute
such parade; the type of animals, and
description of the vehicles;
96-199
(g) The hours when such parade will start and
terminate;
(h) A statement as to whether the Parade will
occupy all or only a portion of the width
sidewalk or travelled Portion of the streets
proposed to be traversed;
(i) The location by streets of any assembly areas
for such parade;
(j) The time at which units of the parade will
begin to assemble at any such assembly area or
(k) If the Parade consists of a march. the
interval of space to be maintained between
units of such parade;
(1) If the parade is designed to be held by, and
n behalf of or for, any person other than the
applicant, the applicant for such permit shall
file with the maA#e#$a}_e€€#ears-er-sap
de$axtmeaE-deeChiefeor deer£e-§£aAf-ea#d
cone#E Police Chief or g from
t a
communication in writing from the persn
proposing to hold the parade, authorizing the
apply
applicant to apply for the permit on his
behalf;
(m) Any additional information which the
a#ge}_e€€#ease-eP-aaY-de$axEmeAE
dei#Mored-Ep-#E_€e-al#r_os€S Police
Chief or designee shalll find find reasonably
necessary to a fair determination as to
whether a permit should issue.
(3) Late Applications. The m e#$a}_e€€#ears-eA-any
Police
Chief
deli-6p-#E
Ee-§tago-said-se is Police Chief oY hall have
where good c shaven application
shall have the
authority fto iled
less
any application hereunder
which is filed less than I days before the date
such parade is proposed to be conducted.
(4) gee. There shall be paid at the time of filing the
application for a parade permit a fee of
$299 $5.00. No more than one application fee
shall be charged for each Decade for which a Permit
is sought, including multiple -data Pickets for
which only a single Permit is required. If the
Police Chief or tlesianee, determines that the
applicant for a Parade permit is an indigent
the application fee required under this
paragraph shall be waived .
96-199
Sec. 5 Standards for Issuance. The mnn}e}�a}_e€€}sere-er-aay
Chief
designee shall
se-geadpermitgerm}5 Police Chie£ or der when shall
issue a permit as provided for hereunder when, from a
consideration of the application and from such other
she finds t as may otherwise be obtained, they he o
she finds that: '
(1) The conduct of the parade will not substantially
interrupt the safe and orderly movement of other
traffic contiguous to its route;
(2) The conduct of the parade will not require the
diversion of so great a number of police officers
of the City to properly police the line of movement
and the areae contiguous thereto as to prevent
normal police protection to the City;
(3) The conduct of such parade will not require the
diversion of so great a number of ambulances as to
prevent normal ambulance service to portions of the
City other than that to be occupied by the proposed
line of march and areas contiguous thereto;
(4) The concentration of persons, aamals 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 areae;
(5) The conduct of such parade will not interfere with
the movement of fire -fighting equipment aureate to
a fire;
(6) The parade is scheduled to move from its point of
origin to its point.of termination expeditiously
and without unreasonable delays enroute;
(7) The parade is not to be held for the sole purpose
of advertising any product, goods o event, and is
not designed to be held purely for prvate profit.
Sec. 5-A Residential Pickets Prohibited.
(1) No person shall participate in a picket before or
about the residence or dwelling of any individual
in the City Of Bangor. No parade permit shall be
issued for this purpose.
(2) This Section 5-A shall not apply to: (a)
residences or dwellings that are also utilized as
the resident's fixed place of business; (b)
marchesi er-@reeeee}erten the designated route of
which passes an individual residence or dwelling;
96-199
(c) pickets, marches, or other demonstrations to
which the affected resident has given written
consent; or (d) pickets, marches, processions or
demonstrations which are not targeted at a single
identifiable residence or dwelling.
A marchex-@Pe ea#ea for which a parade permit
is issued underthissubsection (2) shall not stop
at e-Pe@eade9}s_@ass-ay an individual residence
or dwelling or cast by such residence or dwelling
more than twice during s sinale day's event without
the resident's written consent, unless the
residence or dwelling i also utilized as the
resident's fixed place of business.
Sec. 6 Notice of Rejection. The m e€pa}_e€€eeeys-eP-any
nt-ea£appevaat Police Chief or designee shall act
upon the application for a parade permit within 5 days
after the filing thereof. If the dna#e#pa}_e€€#ears-eP
Police@Chief or designeeQ-by-#s-£e-§£gas-sa#d-@ati#f
Police Chief or hall mai tlto the app the application,
days he g the shall mail to the applicant within 5
days after the date upon which the application was
filed, a noticeof €heel-Pe€#6e denial, stating the
reasons for their
ir denial of the permit.
Sec. 7 Aooeal Procedure. Any person aggrieved by the -denial
e€-say-9e@aesmeas-deeegPaded-§y-tae
e#pa}_y€€#itis-se-#e ens -pa Fade-@mit s} the
r
dental o conditions of a parade permit shall hall have -the
right to appeal sqe-aethe}_e€-a-@ye-penin#s-te-
apnea£@Peal€€beetP to the Bangor City Council. The
appeal shall be taken within 7 days after notice. The
City Council shall act upon the
appeal within 7 days after its receipt. The City
Council's action on such an appeal shall be deeded
final.
Sec. B Alternative Permit. The apneas@a}_a€€#seas-eP-Pay
Police
designee4y-#s-se
§Pa ad-lied-@ens#d, Police Chief or designee in denying
an .application for a parade permit, shall be empowered
to authorize the conduct of the parade on a date, at a
tam r location o outs different from that
named by the applicant. steel An applicant days
after to accept
an alternate permit shall, within 7 days after notice of
the action of the municipalofficers or any department
designated by at toogrant
said permit, file a written
notice of acceptance with the municipal
said
officers o any
alternate designated by at to grant eattl permit. An
alternate parade permit shall conform to the
requirements of, and shall have the effect of a parade
permit under this Ordinance.
96-199
Sec. 9 Notice to City and Other Officials. Immediately upon
the issuance of a
parade permit, the municipal officers or any department
designated by it to grant said permit, shall send a copy
thereof to the following:
(1) The Mayor (City Manager or other head);
(2) The City Attorney;
(3) The Fire Chief;
(4) The Director of the Department of Public Works;
(5) The General Manager or.responsible head of each
public transportation utility, the regular routes
of whose vehicles will be affected by the route of
the proposed parade;
(6 Chamber €-a€ommerce.
6) Chamber of Commerce.
IJ. The owner, tenant or manager of any Property
immediately ad iacent to the des ianatetl location of
fixed -location Dicke[.
Sec. 10 Contents of Permit. each parade permit shall state the
following information:
(1) Starting time;
(2) Minimum speed;
(3) Maximum speed;
(4) Maximum interval of space to be maintained between
the units of the parade;
(5) The portions of the streets to be traversed that
may be occupied by the parade;
(6) The maximum length of the parade in fractions
thereofm
(71 If the o rade consists of s picket, the location of
the Picket,
(g Such other information as the m e}pa}_e€€}4epa
9) er-aey-folie€mss€-feorgdesignee shall findE-ear€
necessary
Police Chief or enforcement
of shall find
necessary to the enforcement of this Ordinance.
Sec. 11 Duties of Permittee. A permittee hereunder shall comply
with all permit directions and
conditions and with all applicable laws and ordinances.
(1) Possession of Permit. The parade chairman o
other person heading o
leading such activity shall carry the parade permit
upon his person during the conduct of the parade.
Sec. 12 Public Conduct During Parades.
(1) Tnterforence. No person shall unreasonably
nably hamper,
obstruct or impede or interfere
with any legally authorized parade or parade
assembly or with any person, vehicle or animal
participating or used in such parade.
96-199
(2) Driving Through Parades. No driver of a vehicle
shall drive between the
vehicles or persons comprising a parade when such
vehicles or persona are
in motion and are
conspicuously designated as a Parade.
(3) Parking on Parade Route. The fh}e€-e€ Police
Chief or designee shall
have the authority, when reasonably necessary, to
prohibit or restrict the parking of vehicles along
a highway or part thereof constituting a part of
the route of a parade.The Chief of Police or
n
desig a shall post signs 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.
Sec. 13 Revocation of Permit. The m e}�a}_e€€}eeae-ex-any
9e€hi£meo£-designeeeshall £-£e
gxaae-ea}a-text}£ Police Chief or designee shall have
the authority on revoke a parade permit ahereunder
th
span application of the standards for issuance
as herein
get forth.
Sec. 14 Penalties. My person, firm or
corporation convicted of
violating any of the provisions of this
Ordinance shall be fined in an amount not exceeding One
Hundred Dollars ($100.00). The maximum fine shall be
increased to Five Hundred Dollars ($500.00) for each
repeat offense within aone-year period. Each day's
violation for which a separate citation is issued shall
constitute a separate offense.
96-199 (ACTION)
IN CITY COUNCIL
August 12, 1996
Phil Worden, representing Mabel Wadsworth Center and CURBS Project,
presented a list of major concerns. Deanna Partridge, project
ordinator for CURBS Project, urged passage of the Ordinance to
include 'a gathering of "no person, no one" and to go back to the
"status quo" on this subject. Partridge requested that notification
be given to residents and businesses involving areas of pickets or
parades. George Singal, Nowell Road, urged passing Ordinance to include
OR solitary picketer'. Sinal stated that people should not feel trapped
in their homes. He urged for more than 100' buffer zone. Jane Laeger,
Bangor resident, testified that she had been a target of pickets and
has been harassed and has a neighbors c clients harassed. ranger
urged adoption of 300' buffer zone. Paul Shaperio, Poplar Street,
thanked the council for their consideration of these issues. Ed Kalish,
Brewer resident, expressed concerns about this ordinance preventing
People from objecting to a practice they find offensive. Steve
Creighton, Poplar Street, urged passage of "notification to areae of
picket". JoAnne Dauphinee, Brewer resident, President of National
Organization for Women, stated that she did not think that requiring
a parade permit for 1 or more persona would present a problem for
Police. Janice Clarke, 185 Nowell Road, said that she feels that
Residential Targeted Picketing is harassment.
MotiontoAmend by Substitution passed by the following vote:
8 yes, 1 absent
Councilors voting yes: Blanchette, Frankel, Leen, Popper, Soucy,
Sullivan, Tyler S Woodcock
Councilor absent: Baldacci
Motion to Amend Substitute Copy by removing the word "procession" in
Sec.2(6) and removing the words "gathering of more than twenty-five
(25) persona" in Sec.2 (I) Passed
Motion to Amend Substitute copy in Sec.5 (3) by inserting the word
"public- before the word "assemblies". Motion passed
Motion to Amend Sec.8 (1)(a) of Substitute Copy by adding after the
last sentence "No permit may be issued for any public assembly to take
place within thirty feet (301) of any street intersection, including
intersections of public streets with approved private streets, unless
the permit includes arrangements for necessary traffic control as
provided in Section 7(1) above. Provided further that at any location
where on -street vehicle parking is allowed within thirty feet of a street
intersection, permits may be issued for public assemblies on the
sidewalk or road shoulder adjacent to that portion of the street where
on -street vehicle parking is allowed." Motion to Amend passed.
Motion to amend Seu.13 of Substitute Copy by adding a new subsection (g)
to read "Any resident of the City who requests notice of issuance of a
parade permit in a specific area. If the resident requests such notice,
the Police Chief or designee shall provide the resident with a copy of
each such permit at the time the permit is issued. Requests for individual
notice under this subsection must be renewed annually." Motion to Amend
Passed
96-199 (ACTION CONTINUED)
IN CITY COUNCIL
August 12, 1996
Motion to Amend Sec.S (3) of the Substitute Copy by changing the words
'ninety (90) to "thirty (30)". Motion to Amend passed
Motion to Amend Sec.2 (7) of the Substitute Copy by changing the words
"twenty-five (25)" to '•sax (6)". Motion passed by the following vote:
5 yes, 3 no, 1 absent
Councilors voting yes: Frankel, Leen, Soucy, Sullivan a Woodcock
Councilors voting no: Blanchette, Popper 6 Tyler
Councilor absent: Baldacci
Motion to Pass As Amended failed by the following vote:
4 no, 4 yes, 1 absent
Councilors voting,n : Blanchette, Leen, Popper b Tyler
Councilors voting yes: Frankel, Soucy, Sullivan c Woodcock
Councilor absent: Baldacci
Motion to Amend Sec.2 (7) of the Substitute Copy by changing the words
"twenty-five (25)'• to "three (3)". Motion failed by the following vete:
5 no, 3 yes, 1 absent
Councilors voting no: Blanchette, Popper, Soucy, Sullivan s woodcock
Councilors voting yes: Frankel, Leen S Tyler
Councilor absent] Baldacci
Motion to Amend Sec.2 (7) of the Substitute Copy by changing the words _.
"twenty-five (25) to o (0) or more". Motion failed by the following
vote: 6 not 2 yes, 1 absent
Councilors voting no: Frankel, Leen, Soucy, Sullivan, Tyler 6 Woodcock
Councilors voting yes: Blanchette 6 Popper
Councilor absent: Baldacci
Motion to Reconsider Amending Substitute Copy by changing the words
"twenty-five (25) to "three (3)". Motion passed
Amendment passed by the following vote: 8 yes, 1 absent
Councilors voting yes: Blanchette, Frankel, Leen, Popper, Soucy, Sullivan,
Tyler 6 Woodcock
Councilor absent: Baldacci
Motion to pass Substitute Copy As Amended by Floor Amendments passed by the
following vote: 8 yes, 1 absent
Councilors voting yes: Blanchette, Frankel, Leen, Popper, Soucy, Sullivan,
Tyler 6 Woodcock
Councilor absent: Baldacci
Passed As Amended by Substitution (As Amended by Floor Amendments)
CHAPTER VI
ARTICLE 11 - PARADES AND PUBLIC ASSEMBLIES
Sec. 1. Title.
This Ordinance shall be known and may. be cited as the "Parade
and Public Assembly Ordinance of the City of Bangor".
Sec. 2. Definitions.
(1) "Chief of Police" means the person holding appointment as
the City of Bangor Chief of Police, or any other person actually
performing duties as the City of Bangor Chief of Police on an
acting, temporary, or interim basis. --
(2) "city" means the City of Bangor.
(3) "March" means
any organised movement of persons i
vehicles o n foot along a definite route., or from onepointto
another, other than for ordinary transportation purposes.
(4) -Parade" means any march, demonstration, procession or
motorcade consisting of per animals, o vehicles or a
combination thereof upon the public streets parks or sidewalks
within the City that interferes with or has a tendency to interfere
with the normal flow or regulation of vehicular or pedestrian
traffic, or that interferes with or has a tendency to interfere
with access of any person to public or private premises.
(5) "Parade permit" means a permit as required by this
Ordinance.
(6) "Person" means any natural person, firm, partnership,
association, corporation, company or organization of any kind.
(7) "Public assembly" means any meeting, demonstration, picket
line, rally or gathering of more than twenty-five (25) persons for
common purpose, as a result of prior planning, upon the public
streets, parks or sidewalks of the City that interferes with or has
a tendency to interfere with the normal flow or regulation of
pedestrian or vehicular traffic, or that interferes with or has a
tendency to interfere with access of any person to public or
private premises.
(8) "SidEwalk" is any area, way or bridge set aside or open to
thegeneralpublic forpurposes of pedestrian traffic, whether or
not it is paved.
-' (9) "Street" is any area, y or bridge set aside pen -- "-
way o
the general public pa kforwa purposes of vehicular traffic, including any
berm, shoulder, parkway, right-of-way, traffic island or median
strip thereof.
-2 -
Sec. 3. Permit Reosired.
No person shall engage in, participate in, aid, form, start o
conduct any parade or public assembly on any public street, parks
or sidewalk, unless a permit is first obtained for that purpose
from the Chief of Police.
Sec. 4. Exceptions.
This Ordinanceshall not apply to the following:
(1) Funeral processions, provided that written or telephonic
notice is given to the Chief of Police or his designee at least 24
hours prior to any funeral procession;
(2) Students going to and from school classes or participating
in educational activities,provided thatsuchconduct is under the
Immediate direction and supervision of the proper school
authorities;
(3) A governmental agency acting within the scope of its
functions; and
(4) Spontaneous events occasioned by news affairs coming
into public knowledge within three (3) days prior to such parade or
public assembly, provided that any organizer of such events gives
written notice to the Chief of Police or his designee at least
twenty-four (24) hours prior to such parade or public assembly.
Sec. 5. Ampl"cation.
(1) Aperson seeking a parade or public assembly permit shall
file an application with the Chief of Police on forme provided and
the application shall be signed by theapplicant under oath.
(2) An application for a permit shall be filed with the Chief
of Police at least seven (7) and not more than thirty (30) days
before the parade or public assembly is proposed to commence. The
Chief of Police may waive the minimum seven (7) day filing period
and accept an application filed within a shorter period If, after
due consideration of the date, time, place, and nature of the
parade or public assembly, the anticipated number of participants,
and the City services required inconnection with the event, the
Chief of Police determines that the waiver will not present a
hazard to public safety.
(3) Por parades or public assemblies to be held on a regular
or recurring basis at the same location, an application for a
permit covering all such parades or assemblies for any period of up
to ninety (90) days may be filed with the Chief of Police at least
-3-
n (J) and not more than thirty (30) days before the date and
time at which the first such parade or public assembly during the
Period covered by the application is proposed to take place. The
Chief of Police may waive the minimum seven (J) day filing period
and accept an application filed within a shorter period if, after -
due consideration of the date, time, place, and nature of the
parade or public assembly, the anticipated number of participants,
and the City services required in connection with the event, the
Chief of Police determines that the waiver will not present a
hazard to public safety.
(4) The application for a parade or public assembly permit
shall set forth the following information:
(a) The come, address and telephone number of the person
seeking to conduct such parade or public assembly;
(b) The names, addresses and telephone numbers of the
headquarters of the organization for which the parade or public
assembly is to be conducted, if any, and the authorized and
responsible heads of the organization; _
(c) The name, address and telephone number of the person
who will be the parade or assembly chairman, and who will be
responsible for its conduct;
(d) The requested date of the parade or public assembly;,
(e) The route to be traveled, including starting point
and the termination point; or if the parade or public assembly will
occur at a fixed location, the location concerned;
(f) The approximate number of persons, animals and
vehicles which will constitute the parade or public assembly and
the types of animals and a description of the vehicles;
(g) .The hours when such parade or public assembly will
start and terminate;
(h) A statement as to whether the parade or public
assembly will occupy all or only a portion of the width of the
streets proposed to be traversed;.
(i) The location by street of any assembly areas for such
parade or public assembly;
(j) The time at which units of the parade or public
assembly will begin to assemble at any such area;
(k) The intervals of space to be maintained between units
of such parade or public assembly;
-4-
(1) If the parade or public assembly is designed to be
held by, or on behalf of, any person other than the applicant, the
applicant for such permit shall file a letter from that person with
the Chief of Police authorizing the applicant to apply for the
Permit on his behalf;
(m) The type of public assembly, including a description
of activities planned during the event;
(n) A description of any recording equipment, sound
amplification equipment, banners, signs, or other attention -getting
devices to be used in connection with the parade or public
assembly;
(o) The approximate number of participants (spectators
are by definition not participants);
(p) The approximate number of spectators;
(q) A designation of any public facilities or equipment
to be utilized; and
(r) Any additional information that the Chief of Police
finds reasonably necessary to a fair determination as to whether a
permit should issue.
Sec. 6. Pees
(1) A non-refundable fee of $5.00 to cover administrative
costs of processing the permit shall be paid to the City of Bangor
by the applicant when the application is filed. No more than one
application fee shall be charged for each event for which a permit
is sought. Multiple -date events for which aingle permit is
ought under Sec. 5(3) above shall Be charged a single $5.00
application fee. The Chief of Police shall waive this fee upon
certification by the applicant that the applicant and any
sponsoring organization are each unable to pay the required fee.
(2) if the application includes the use of any City property,
other than streets, parks or sidewalks, or if any City services
shall be required for the parade or public assembly, the applicant
shall pay, prior to the issuance of a permit, the chargee for those
services in accordance with a schedule of service costa approved by
the City Council.
Sec. 7. police Protection.
(1) The Chief of Police shall determine whether and to what
extent additional police protection is reasonably necessary for the
parade or public assembly for traffic control and public safety.
-5 -
The Chief of Police shall base this decision on the size, location,
duration, tim and date of the event, the expected sale or service
of alcoholic beverages, the number of streets and intersections
blocked, and the need to detour or preempt citizen travel and use
of the streets and sidewalks. The speech content of the event
shall not be a factor in determining the amount of police
protection necessary. If possible, without disruption of ordinary
police services or compromise of public safety, regularly scheduled
on -duty personnel will police the event. If additional police
protection for the parade or public assembly is deemed necessary by
the Chief of Police, he shall so inform the applicant for the
permit. The applicant then shall have the duty to secure the
police protection deemed necessary by the Chief of Police at the
sole expense of the applicant.
(2) Persons engaging in parades or public assemblies conducted
for the sole purpose of public issue speech protected under the
First Amendment are not required to pay for any police protection
provided by the City.
Sec. a. Standards for Issuance.
(1) The Chief of Police shall issue a permit as provided for
herein when, from a consideration of the application and from such
other information as may otherwise be obtained, he finds that:
(a) The conduct of the parade or public assembly will not
substantially interrupt the safe and orderly movement of other
pedestrian or vehicular traffic contiguous to its route or
location;
(b) The conduct of the parade or public assembly will not
require the diversion of so great a number of City police officers
to properly police the line of movement and the areas contiguous
thereto as to prevent normal police protection of the City;
(c) The concentration of Persons, animals, or vehicles at
public assembly points of the parade or public assembly will not
unduly interfere with proper fire and police protection of, or
ambulance service to, areas contiguous to such public assembly
(d) The conduct of the parade or public assembly is not
reasonably likely to cause injury to persons or property;
(e) If a match, procession, or motorcade is planned, the
parade or public assembly is scheduled to move from its point of
origin to its point of termination expeditiously and without
unreasonable delays an route;
(f) Adequate sanitation and other required health
facilities are or will be made available in or adjacent to any
public assembly areas;
(g) There are sufficient parking places near the site of
the parade or public assembly to accommodate the number of vehicles
reasonably expected;
(h) The applicant has secured the police protection, if
any, required under Section ]; -
(i) Such parade or public assembly is not for the primary
purpose of advertising any product, goods or event that is
primarily for private profit, and the parade itself is not
primarily for profit. The prohibition_ against advertising any
product, goods or event shall not apply tosigns identifying
organizations or sponsors furnishing or sponsoring exhibits or
structures used in the parade;
(1) No parade permit application for the same time and
location is already issued or has been received and will be issued;
(k) No event is scheduled elsewhere in the City where the
police resources required for that event are so great that the
deployment of police services for the proposed parade or public
assembly would have an immediate and adverse effect upon the
welfare and safety of persons and property.
(2) No permit shall be issued that allows for the erection or
placement of any structure, whether permanent or temporary, on a
City street, sidewalk, or right-of-way unless advance approval for
the erection or placement of the structure.is obtained from the
City.
(3) No permit shall be issued for any parade or public
assembly to be conducted at any location where parades or public
assemblies are prohibited by applicable federal, state or local
laws or ordinances, or applicable rules of any court. 4=e,
21-A MRSA S 682; 26 MRSA 5 595(4)(B).
(4) Permits issued under this ordinance shall not be deemed to
confer any right to conduct the applicant's parade or public
assembly on the private property of any person, except with
permission of the property owner or lessee.
Sec. 9. Non-Niacrfmination.
The Chief of Police shall uniformly consider each application
upon its merits and shall not discriminate in granting or denying
permits under this Ordinance based upon political, religious,
ethnic, race, disability; sexual orientation or gender related
grounds, or based uponthe content of any message sought to be
disseminated by the applicant, organizers or sponsors of the event.
_7_
Sec. 30. Motive of Denial of Application.
The Chief of Police shall act promptly upon a timely filed
application for a parade or public assembly permit but in no event
shall grant or deny a permit less than forty-eight (48) hours prior
to the event. If the Chief of Police disapproves the application,
he shall notify the applicant either by personal delivery o
certified.mail at least forty-eight (48) hours prior to the event
of his action and state the reasons for denial.
Sec. 11. Alternatdve Permit.
(1) The Chief of Police,, in denying an application for a
Parade or public assembly permit, may authorize the conduct of the
parade or public assembly at a date, time, location, or route
different from that named by the applicant. An applicant desiring
to accept an alternate permit shall, within five (5) days after
notice of the action of the Chief of Police, file a written notice
of acceptance with the Chief of Police.
(2) An alternate parade or public assembly permit shall
conform to the requirements of, and shall have the effect of, a
parade or public assembly permit issued under this Ordinance.
Sec. 12. Appeal Procedure.
(1) Any applicant shall have the right to appeal the denial of
a parade or public assembly permit to the City Manager. The denied
applicant shall make the appeal within five (5) days after receipt
of the denial by filing a written notice with the Chief of Police
and a copy of the notice with the City Clerk. The City Manager
shall act upon the appeal within two (2) working days of receipt.
(2) In the event that the City Manager rejects an applicant's
appeal, the applicant may file a immediate request for review with
a court of competent jurisdiction -
Sec. 13. Notice to City Officials and Others.
Iimmediately upon the issuance
of a parade or public assembly
permit, the Chief of Policeshall send a copy thereof to the
following:
(a)
The
City
Manager
(b)
The
City
Attorney;
(c)
The
Fire
Chief;
M
(d) The Director of the City's Department of Public
Services;
(e) The manager or responsible head of each public
transportation utility, the regular routes of whose vehicles will
be affected by the route of the proposed parade or public assembly.
(f) To the extent practicable, the owner or occupants of
any premises along the parade route or adjacent to the permitted
location of the public assembly who may be inconvenienced by the
parade or assembly. Such notice may be given by general notice,
e.g, by published notice of a parade route, whenever individual
notice to affected. property owners
occupants is impracticable
due to the number of such persons a= time constraints.
Sec. 14. Contemts of Berndt.
Each parade or public assembly permit shall state the following
information;
(a) Starting and approximate ending time;
(b) Minimum speed of parade units;
(c) Maximum speed of parade units;
(d) Maximum interval of space to be maintained between
parade units; -
(e) The portions of the streets that may be occupied by
the parade or public assembly;
(f) The maximum length of the parade in miles or
fractions thereof; and
(g) Such other information as the Chief of Police shall
find necessary to the enforcement of this Ordinance.
Sec. 15. Duties of Peanittee.
_(1) n permittee hereunder shall comply with all permit
directions and conditions and with all applicable laws and
ordinances.
(2) The parade or public assembly chairman or other person
heading such activity shall be present and shall carry the parade
r public assembly permit upon his person at all times during the
conduct of the parade or public assembly. The chairman shall
provide the permit for inspection upon request of any law
enforcement officer.
S.M
Sec. 16. Prohibitions.
The following prohibitions shall apply to all parades and
public assemblies;
(1) It shall be a violation of this ordinance for any person
to stage, present, or conduct any parade or public assembly without
first having obtained a permit as herein provided;
(2) It shall be a violation of this ordinance for any person
to participate in a parade or public assembly for which the person
knows a permit has not been granted;
(3) It shall be a violation of this ordinance for any person
n charge of, or responsible for the conduct of, a duly licensed
parade or public assembly to knowingly fail to comply with any
condition of the permit;
(4) It shall be a violation of this ordinance for any person
to engage in any parade or public assembly activity that would
constitute a substantial hazard to the public safety or that would
materially interfere with or endanger the public peace or rights of
residents to the quiet and peaceful enjoyment of their property;
(5) it shall be a violation of this ordinance for any person
participating in any parade or public assembly to carry or possess
any length of metal, lumber, wood, or similar material for purposes
of displaying a sign, poster, plaque or notice, unless such object
is one-half inch (1/2") or less in thickness and two inches (2") o
less in width, or if not generally rectangular in shape, such
object shall not exceed three-fourths inch (3/4") in its thickest
dimension;
(6) It shall be a violation of this ordinance for any person
to carry any sign, poster, plaque notice, whether or not
anted o a length of material as specified in subsection (5) of
this Section, unless such sign, poster, plaque notice i
constructed or made of a cloth, paper, o cardboard material;
(7) It shall be a violation of this ordinance for any person
participating in a parade or public assembly to utilize sound
amplification equipment at decibel levels that exceed those limits
imposed by Chapter VII, Article 17, Laws and Ordinances of the City
of Bangor;
(S) It shall be a violation of this ordinance for any person
participating in a parade or public assembly to ride, drive, o
cause to be ridden or driven any animal or any animal -drawn vehicle
upon any public street, unless specifically authorized by the
permit.
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Sec. 17. Public Conduct lamina Parades or Public Assemblies
(1) Interfex n
No person shall unreasonably hamper,
obstruct o impede, interfere with any parade or public assembly
of with any per vehicle or animal participating or used in a
parade or public assembly.
(2) Driving through. Parades. No driver of a vehicle shall
drive between the vehicles or persons comprising -a parade or public
assembly when such vehicles or persons are in motion and are
conspicuously designated as a parade or public assembly.
(3) Parking on Parade Route. TheChief of Police shall have
the authority, when reasonably necessary, to prohibit or restrict
the parking of vehicles along a street constituting a part of the
route or location of a parade or public assembly. The Chief of
Police shall post signs to the effect, and it shall be unlawful for
any person to park or lease unattended any vehicle in violation
thereof.
Sec. 1E. Revocation of Permit.
The Chief of Police shall have the authority to revoke a parade
or public assembly permit instantly upon violation of the
conditions or standards for issuance as act forth in this Ordinance
or when a public emergency arises where the police resources
required for that emergency are so great that deployment of police
services for the parade or public assembly would have an
immediate
and adverse effect upon the welfare and safety of persons or
property.
Sec. 19. Penalties
Any person, firm or corporation convicted of violatingany of
the provisions of this Ordinance shall be fined in an amount not
exceeding One Hundred Dollars ($100.00). The maximum fine shall be
increased to Five Hundred Dollars ($500.00) for each repeat offense
within a one-year period. Each day's violation for which a
separate citation is issued shall constitute a separate offense.
Sec. 20. Samarexil tv.
If any section, subsection, sentence, clause or phrase of this
Ordinance is for any reason n
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
Ordinance.