§ 3. PARADES

A.

DEFINITIONS

As used in this section:

(1)

Applicant means a person who has filed a written application for a parade permit.

(2)

City means the City of Santa Fe, Texas.

(3)

Commercial Parade means a parade sponsored by other than a nonprofit organization, the purpose of which is to advertise a tangible or intangible product for sale or to promote an exposition or theatrical performance. For purposes of this section, "commercial parade" shall include a parade conducted by a political organization or party and a parade conducted by or on behalf of a candidate for political office.

(4)

Parade/March means the assembly of ten (10) or more units or persons for the common design and purpose of traversing in public streets from one location to any other location, including, but not limited to, parades, motorcades, and "fun runs."

(5)

Parade Permit means written approval from the city or its designated representative for a parade, march or procession.

(6)

Permittee means the person to whom a parade permit is granted pursuant to this section.

(7)

Person means any individual, assumed named entity, partnership, association, corporation or organization.

(8)

Sidewalk means that portion of a street between the curb lines, or lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.

(9)

Street means the entire width between the boundary lines of every way publicly maintained, when any part thereof is open to the use of the public for purposes of vehicular travel.

(10)

Unit means any motorized vehicle, (or group of vehicles) individual (or group of individuals), or animals participating in a parade. City will have discretion in determining whether more than one vehicle, individual or animal may be grouped so as to constitute a unit for purpose of this section.

(Ordinance No. 09-92 of December 10, 1992, Sec. A)

B.

PERMITS REQUIRED; EXCEPTIONS

(1)

Required

No person shall engage in, participate in, aid, form or start any parade, march or procession unless a parade permit shall have been obtained from the city.

(2)

Exceptions

This section shall not apply to fees or permits for:

(a)

Funeral processions.

(b)

A government agency acting within the scope of its function.

(c)

Picketing or other orderly processions on sidewalks that observe and comply with traffic regulations and do not violate any other city, state or federal laws.

(d)

Car caravans going to or from athletic or other civic activities or events.

(Ordinance No. 09-92 of December 10, 1992, Sec. B)

C.

APPLICATION FOR PERMIT

(1)

Application Form

An application for a parade permit shall be made to the city manager or his/her designee on forms provided by the city.

(2)

Filing Period

Applications shall be filed at least thirty (30) days prior to the planned date of the parade.

(3)

Contents of Application

The application for parade permit shall set forth the following information:

(a)

Name, address, and telephone number of the individual or organization seeking to conduct a parade.

(b)

The assembly area, the proposed route, the initial starting point and disbanding area. If the starting point and the disbanding area are located on private property, the applicant shall submit written permission for the holding of the activity from the owner of the property or authorized representative. (If the city designates a standard parade route, this item is not necessary.)

(c)

Date and times to start and terminate.

(d)

Times at which units of the parade will arrive at the assembly area.

(e)

The approximate number of persons, animals, and vehicles that will constitute the parade.

(f)

The purpose of the parade.

(g)

Alternate date.

(h)

Any other information that the city deems necessary.

(4)

Established Routing

The city requires parades to follow a safe route. The city, at its discretion, may require parades to follow an alternate route designated by the city, state, or other public entity.

(Ordinance No. 09-92 of December 10, 1992, Sec. C)

D.

STANDARDS FOR PERMIT ISSUANCE AND CONDUCT OF PARADE

Failure to comply with the following is a violation of this section and may result in immediate removal of the unit(s) or individual(s) from the parade or in denial of future parade permits:

(1)

The parade will not substantially interrupt the safe and orderly movement of other traffic near its route.

(2)

The parade will not divert, impede, or interfere with emergency vehicles or personnel to the extent that normal emergency service is jeopardized.

(3)

The parade is scheduled to move from its point of origin to its point of termination without unreasonable delays enroute. The movement of the parade shall be subject to the control of the chief of police or his/her designee. All units shall be required to maintain a forward progress.

(4)

The parade shall be accompanied by designated and identifiable persons serving as parade monitors, one for every ten (10) parade units, who will walk alongside the parade and ensure that spectators keep a safe distance from parade traffic.

(5)

No alcohol will be allowed in the staging, or on a unit, or by participants on the parade route.

(6)

No motorized parade vehicles will be allowed to pass other parade units during the course of the parade.

(7)

Units containing any flammable materials or fabrics shall be equipped with a minimum of a 2-¾ lb. A, B, C fire extinguisher. Additional requirements and spot inspections may be conducted by the city fire marshal's office.

(8)

The parade is of sufficient interest to the citizens of Santa Fe as to justify the temporary closing of the public roadway to vehicles and pedestrians.

(9)

The commercial parade is not to be held for the sole purpose of advertising any product or goods and is not designed to be purely for private profit.

(10)

Consideration shall be given by the permittee to limiting the level of noise caused by sirens, vehicles, etc.

(Ordinance No. 09-92 of December 10, 1992, Sec. D)

E.

NOTIFICATION; APPEAL TO CITY COUNCIL

The city manager will grant or deny the parade permit and notify the applicant in writing within five (5) working days after the complete application was received. If the permit is denied, the notice shall state the reasons for denial. Any person aggrieved shall have the right to appeal the denial of a parade permit to the city council. The council shall hear such appeal as soon as practical.

(Ordinance No. 09-92 of December 10, 1992, Sec. E)

F.

ALTERNATIVE PERMIT

The city, in denying an application for a parade permit, shall be empowered to authorize the conduct of the parade on a date, at a time, or over a 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 city, file a written notice of acceptance with the city. An alternate parade permit shall conform to the requirements of, and shall have the effect of, a parade permit under this section.

(Ordinance No. 09-92 of December 10, 1992, Sec. F)

G.

CONTENTS OF PERMIT

Each parade permit shall contain such information (date, starting time, route, etc.) as the city may find necessary to the enforcement of this section.

(Ordinance No. 09-92 of December 10, 1992, Sec. G)

H.

DUTIES OF PERMITTEE

A permittee shall comply with all permit directions and conditions and with all applicable laws and ordinances. The permittee is responsible for informing parade participants of the parade rules and regulations set forth herein.

(Ordinance No. 09-92 of December 10, 1992, Sec. H)

I.

STREET CLOSURES AND PARKING ON PARADE ROUTE

The city shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a street or highway or part thereof constituting a part of the route of a parade. The city shall have the authority to close city streets, if necessary, to assure the safety of those watching and participating in a parade. The city will coordinate such closures with other affected public entities.

(Ordinance No. 09-92 of December 10, 1992, Sec. I)

J.

CITY TO BE HELD HARMLESS

The applicant and any other persons, organizations, firms, and corporations on whose behalf the application is made shall contract and agree that they will, in an individual and official capacity, indemnify and hold the City of Santa Fe, Texas, harmless against liability for any and all claims for damage to property or injury to or death of persons arising out of or resulting from the issuance of the permit or the conduct of the parade or its participants.

(Ordinance No. 09-92 of December 10, 1992, Sec. J)

K.

FEE

At the discretion of the city council, a permit fee may be set as needed to defray expenses of services provided by the city.

(Ordinance No. 09-92 of December 10, 1992, Sec. K)

L.

UNLAWFUL TO PARADE WITHOUT PERMIT; COMPLIANCE WITH PERMIT AND APPLICABLE LAWS AND ORDINANCES

It shall be unlawful for any person to engage in, participate in, aid, form, or start any parade/march, unless a parade permit shall have been obtained as herein provided, and it shall be unlawful for any person participating in any parade, for which a permit hereunder has been issued, to fail to comply with all directions and conditions of such permit and all applicable laws and ordinances. Violations will result in a Class "C" Misdemeanor.

(Ordinance No. 09-92 of December 10, 1992, Sec. L)