Loading...
HomeMy WebLinkAbout1996-04-22 96-199 ORDINANCE61 w 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. -10 - 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.