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Home My WebLink AboutORDINANCE NO. 810 PARADES & PUBLIC ASSEMBLY PERMITSORDINANCE NO. 810 ORDINANCE OF THE CITY OF REXBURG, MADISON COUNTY, IDAHO TO BE KNOWN AS "PARADE AND PUBLIC ASSEMBLY ORDINANCE" PROVIDING DEFINITIONS OF THE TERMS USED IN THE ORDINANCE; REQUIRING A PERMIT FOR PARADES AND CERTAIN PUBLIC ASSEMBLIES; PROVIDING EXCEPTIONS TO THE PARADE AND PUBLIC ASSEMBLY PERMIT REQUIREMENT; ESTABLISHING PERMIT APPLICATION PROCEDURES; PROVIDING FOR FEES; PROVIDING STANDARDS FOR PERMIT ISSUANCE; SETTING FORTH PROCEDURES FOR THE CITY CLERK TO DENY AN APPLICATION FOR A PERMIT, PROVIDING A PROCESS FOR AN ALTERNATIVE PERMIT; PROVIDING AN APPEAL PROCEDURE IN THE EVENT AN APPLICATION IS DENIED; SETTING FORTH CONTENTS OF THE PERMIT; SETTING FORTH DUTIES OF THE PERMITTEE; ESTABLISHING PROHIBITIONS AND REGULATIONS AS THEY RELATE TO PARADES AND CERTAIN PUBLIC ASSEMBLIES; PROVIDING PENALTIES FOR FAILURE TO COMPLY WITH ANY PROVISIONS OF THIS ORDINANCE AND SETTING FORTH A VIOLATION OF THIS ORDINANCE CONSTITUTES A MISDEMEANOR; PROVIDING AUTHORITY FOR EMERGENCY TERMINATION OR CANCELLATION OF THE PARADE OR PUBLIC ASSEMBLY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF REXBURG IDAHO: SECTION I. DEFINITIONS: The following words and phrases when used in this ordinance shall have the meaning set out in this Section: CHIEF OF POLICE: The Chief of Police of the City of Rexburg or the Chief s authorized designee. 2. CITY CLERK: The Clerk of the City or the Clerk's authorized designee. SECTION II. APPLICATION: A person seeking a permit shall obtain and file an application with the City Clerk on forms provided by such officer. 2. An application for a permit shall be filed with the City Clerk at least forty- five days (45) and not more than one year before the parade or public assembly is proposed to commence. SECTION III. FEES: The City Council may establish such fees as are necessary and reasonable by resolution. SECTION IV. STANDARDS FOR ISSUANCE: Only one permit will be granted for the same time and/or location. The City Clerk shall issue a permit on a first come first served basis. 2. Any other reasonable regulation or restriction deemed necessary by the Chief of Police for the protection and safety of the parade participants, viewing public, or for the public health, safety and general welfare of the No. 810 -1- citizens of the City may be imposed by the Chief of Police. However, such additional regulations or restrictions shall be specified in writing to the applicant with all reasons therefor clearly enumerated. SECTION V. NOTICE OF DENIAL OF APPLICATION: The City Clerk shall act promptly upon a timely filed application for an activity requiring a permit but in no event shall grant or deny a permit less than twenty (20) days prior to the event. If the City Clerk denies the application, the applicant shall be notified by either personal delivery or United States mail at least twenty (20) days prior to the event of his action and state the reasons for the denial to the address or telephone number provided on the permit application. SECTION VI. ALTERNATIVE PERMIT: 1. The City Clerk, in denying an application for an activity requiring a permit, may authorize the conduct of the activity requiring a permit, may authorize the conduct or the activity requiring a permit at a date, time or place 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 City Clerk, file a written notice of acceptance with the City Clerk. 2. An alternate permit shall conform to the requirements of, and shall have the effect of, a permit issued under this Ordinance. SECTION VII. APPEAL PROCEDURE: Any applicant shall have the right to appeal the denial of a permit to the City Council. The denied applicant shall make the appeal within five (5) days after receipt of the denial by filing a written notice with the City Clerk and a copy of the notice with the City Clerk. The City Council shall act upon the appeal at the next regularly scheduled meeting following receipt of the notice of appeal. SECTION VIII. CONTENTS OF PERMIT: Each permit shall state at least the following: Starting and approximate ending time; and 2. The portions of the streets that may be occupied by the activity requiring a permit; and SECTION IX. DUTIES OF PERMITTEE: A permittee hereunder shall comply with all permit conditions and with all federal, state and local laws. SECTION X. PROHIBITIONS AND REGULATIONS: The following prohibitions and regulations shall apply to activities requiring a permit: It shall be unlawful for any person in charge of, or responsible for the conduct of, a duly permitted activity requiring a permit to knowingly fail to comply with any condition of the permit; and 2. No permit shall be issued for an activity to commence before 7:00 a.m. and shall terminate prior to 10:00 p.m. 3. All parade participants shall assemble for the parade at the time and location designated in the parade permit and shall disperse from public property immediately after the conclusion of the parade. No. 810 -2- 4. The maximum time necessary for completion of the complete activity requiring a permit may not exceed five (5) hours. City street setup and dispersement, including barricades shall not be included in the five hour activity time limit. SECTION XI. VIOLATION; PENALTIES: Any person who violates or fails to comply with any of the provisions of this Ordinance or who, having obtained a permit hereunder, wilfully fails to continue to comply with the conditions set forth in this ordinance is guilty of a misdemeanor, and upon conviction thereof, may be fined in accordance with State Statutes. SECTION XII. EMERGENCY CANCELLATION/TERMINATION: The Chief of Police may order an activity requiring a permit to terminate and disperse in the event of a natural calamity or in the event public peace is breached and/or life and/or property is in eminent danger. SECTION XIII. All ordinance and parts of ordinance in conflict with this ordinance are hereby repealed. SECTION XIV. Neither the adoption of this ordinance nor the repeal of any ordinance shall, in any manner, affect the prosecution for violation of such ordinance committed prior to the effective date of this ordinance or be construed as a waiver of any license or penalty due under any such ordinance or in any manner affect the validity of any action heretofore taken by the City of Rexburg City Council or the validity of any such action to be taken upon matter pending before the City Council on the effective date of this ordinance. SECTION XV. The provisions of this ordinance are severable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid, or unconstitutional or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutional or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this ordinance or their application to other persons or circumstances. It is hereby declared to be the legislative intent that this ordinance would have been adopted if such illegal, invalid or unconstitutional provision, clause sentence, subsection, word, or part had not been included therein, and if such person or circumstance to which the ordinance or part thereof is held inapplicable had been specifically exempt therefrom. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR THIS THE /�. DAY OF 1998. Mayor CW14-M 2� Rose Bagley, Ci 1 810 3 County of Madison I, Rose Bagley, City Clerk of the City of Rexburg, Idaho, do hereby certify that the above and foregoing is a full, true and correct copy of the Ordinance entitled: ORDINANCE OF THE CITY OF REXBURG, MADISON COUNTY, IDAHO TO BE KNOWN AS "PARADE AND PUBLIC ASSEMBLY ORDINANCE" PROVIDING DEFINITIONS OF THE TERMS USED IN THE ORDINANCE; REQUIRING A PERMIT FOR PARADES AND CERTAIN PUBLIC ASSEMBLIES; PROVIDING EXCEPTIONS TO THE PARADE AND PUBLIC ASSEMBLY PERMIT REQUIREMENT; ESTABLISHING PERMIT APPLICATION PROCEDURES; PROVIDING FOR FEES; PROVIDING STANDARDS FOR PERMIT ISSUANCE; SETTING FORTH PROCEDURES FOR THE CITY CLERK TO DENY AN APPLICATION FOR A PERMIT, PROVIDING A PROCESS FOR AN ALTERNATIVE PERMIT; PROVIDING AN APPEAL PROCEDURE IN THE EVENT AN APPLICATION IS DENIED; SETTING FORTH CONTENTS OF THE PERMIT; SETTING FORTH DUTIES OF THE PERMITTEE; ESTABLISHING PROHIBITIONS AND REGULATIONS AS THEY RELATE TO PARADES AND CERTAIN PUBLIC ASSEMBLIES; PROVIDING PENALTIES FOR FAILURE TO COMPLY WITH ANY PROVISIONS OF THIS ORDINANCE AND SETTING FORTH A VIOLATION OF THIS ORDINANCE CONSTITUTES A MISDEMEANOR; PROVIDING AUTHORITY FOR EMERGENCY TERMINATION OR CANCELLATION OF THE PARADE OR PUBLIC ASSEMBLY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE HEREOF. Passed by the City Council and approved by the Mayor this the %, 4I day Rose Bagley, City Clerk 10