Legislation # 06-0720 Enactment Number none
Type Ordinance - Coded Effective Date none
Introduction Date 12/13/2006
Title AN ORDINANCE TO AMEND CHAPTER 25 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED "PARADES."
 
Legislation History 06-0720
DateNotice Of ActionDescription
12/13/2006 Moved to adopt consent agenda items 1 through 4 on first and final reading.
12/13/2006 Moved to waive the second reading of the ordinances on consent agenda items 1 through 4.
12/1/2006 Received By Clerk's Office
 
View Attachments 06-0720
FileTypeSizeDescription
Chapter 25 - Parades - REDLINE 1 - November 29, 2006.doc Other 39K Chapter 25 - Parades Redline Version
 
Legislation Text 06-0720

 

City of Hampton, Virginia

Ordinance - Coded

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 06-0720

 

Enactment Number: -

 

AN ORDINANCE TO AMEND CHAPTER 25 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED "PARADES."

 

 

Chapter 25

 

PARADES*

__________

* Cross References: Motor vehicles and traffic, Ch. 21; streets and sidewalks, Ch. 34.

__________

 

Article I. In General

Sec. 25-1. Violations of chapter.

Sec. 25-2. Exceptions from chapter.

Sec. 25-3. Definition.

Secs. 25-4--25-15. Reserved.

 

Article II. Permit

Sec. 25-16. Required.

Sec. 25-17. Application.

Sec. 25-18. Issuance or denial generally.

Sec. 25-19. Issuance, acceptance and effect of alternate permit.

Sec. 25-20. Contents.

Sec. 25-21. Compliance with directions and conditions; to be carried by leader.

 

ARTICLE I.

 

IN GENERAL

 

Sec. 25-1. Violations of chapter.

 

Any person violating any of the provisions of this chapter shall be guilty of a Class 1 misdemeanor. Nothing contained herein shall be construed as prohibiting or limiting in any way the city attorney or other officers of the city from applying to an appropriate court for equitable or other relief.

(Ord. No. 676, 12-10-80; Code 1964, 25.1-16[k])

Cross References: Penalty for Class 1 misdemeanor, 1-11.

 

Sec. 25-2. Exceptions from chapter.

 

This chapter shall not apply to:

 

(1) Funeral processions.

 

(2) The United States Army, Navy, Air Force, Marines and Coast Guard, the military forces of the state and the police and fire division of the city.

 

(3) Lawful picketing.

(Ord. No. 676, 12-10-80; Code 1964, 25.1-16[c])

 

 

 

Sec. 25-3. Definition.

 

As used in this chapter, the word "parade" means any march, ceremony, show, exhibition, pageant, demonstration or procession of any type or any similar display in or upon any street, sidewalk, park or other public place or public property in the city.

(Ord. No. 676, 12-10-80; Code 1964, 25.1-16[a])

 

Secs. 25-4--25-15. Reserved.

 

ARTICLE II.

 

PERMIT

 

Sec. 25-16. Required.

 

It shall be unlawful for any person to engage in, participate in, assist, organize or start any parade, unless a permit for such parade has been obtained from the chief of police.

(Ord. No. 676, 12-10-80; Code 1964, 25.1-16[b]; Ord. No. 1111, 1-26-94)

 

Sec. 25-17. Application.

 

(a) Any person may apply to the chief of police for a permit to hold a parade. The application shall be in writing and shall be submitted to the chief of police not less than ten (10) days before the proposed date of the parade and shall state, on forms provided by the chief of police, the following:

 

(1) The name, address and telephone number of the person seeking to conduct the parade.

 

(2) If the parade is proposed to be conducted for, on behalf of or by an organization, the name, address and telephone number of the headquarters of the organization and the responsible officer of such organization, to include the name, address and telephone number of the person who will be the parade chairperson.

 

(3) The date and hours when the parade is to be conducted.

 

(4) The route, by streets and public places, to be traveled, the starting point, the termination point and the location of the speakers' platforms.

 

(5) The approximate number of persons who, and animals and vehicles which, will constitute such parade.

(6) The location, by streets or public places, of any assembly areas for such parade.

 

(7) The time for assembly by units of the parade.

 

(8) The interval of space to be maintained between units of such parade.

 

(9) If the parade is designed to be held by, and on behalf of or for, any person other than the applicant, the applicant for such permit shall file with the chief of police a communication in writing from the person proposing to hold the parade, authorizing the applicant to apply for the permit on his behalf.

 

(10) Any additional information which the chief of police shall find reasonably necessary to be a fair determination as to whether or not a permit should be issued and to assure an orderly and safe parade.

 

(b) The chief of police shall have the authority to consider any application under this section which is filed less than ten (10) days before the date the parade is proposed to be conducted, giving due consideration to the urgency of the request and proper planning needs.

(Ord. No. 676, 12-10-80; Code 1964, 25.1-16[d, e]; Ord. No. 1111, 1-26-94)

 

Sec. 25-18. Issuance or denial generally.

 

(a) The chief of police shall act upon an application for a parade permit, by issuing or denying the permit, within five (5) days after the filing of the application.

 

(b) The chief of police shall issue a parade permit when, from a consideration of the application and from such other information as may otherwise be obtained, he finds that:

 

(1) The hours of operation or conduct of the parade will not substantially interrupt the safe and orderly movement of vehicular and pedestrian traffic contiguous to its route.

 

(2) The concentration of persons, animals and vehicles in the parade, or at assembly points, will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such parade route or assembly areas.

 

(3) The conduct of such parade will not interfere with the movement of fire-fighting equipment from a station or en route to a fire.

 

(4) The conduct of the parade, by reason of its hours of operation or line of march, is not reasonably likely to cause injury to persons or property, to unreasonably interfere with the right of quiet enjoyment by the citizens in the use of their property, to create a riot, disturbance or disorder, to cause a public nuisance or to result in a violation of law.

 

(5) The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route.

 

(6) The conduct of the parade will not unreasonably deny to other areas of the city the public services and protection normally provided.

 

(c) If the chief of police disapproves an application for a parade permit, he shall mail to the applicant, at the address stated on the application and within five (5) days after the date upon which the application was filed, a notice of his action, stating the reasons for his denial of the permit.

(Ord. No. 676, 12-10-80; Code 1964, 25.1-16[f, g]; Ord. No. 1111, 1-26-94)

 

Sec. 25-19. Issuance, acceptance and effect of alternate permit.

 

The chief of police, in denying an application for a parade permit, is empowered to authorize the conduct of the parade on a date, at a time or over a route different from that requested by the applicant. An applicant desiring to accept such an alternate permit shall, after notice of the action by the chief of police, file a written notice of acceptance with the chief of police. An alternate parade permit shall conform to the requirements and shall have the effect of a parade permit granted under this article.

(Ord. No. 676, 12-10-80; Code 1964, 25.1-16[h]; Ord. No. 1111, 1-26-94)

 

Sec. 25-20. Contents.

 

Each parade permit issued under this article shall state:

 

(1) Starting time.

 

(2) Approximate minimum speed.

 

(3) Approximate maximum speed.

 

(4) Maximum interval of space to be maintained between the units of the parade.

 

(5) The portions of the streets to be occupied by the parade (whether all or only part).

 

(6) The maximum length of the parade, in miles or fractions thereof.

 

(7) Conclusion time.

(8) Such other information as the chief of police shall find reasonably necessary to the enforcement of this chapter and the orderly conduct of the parade.

(Ord. No. 676, 12-10-80; Code 1964, 25.1-16[i]; Ord. No. 1111, 1-26-94)

 

Sec. 25-21. Compliance with directions and conditions; to be carried by leader.

 

Every person to whom a permit is issued under this article shall comply with all permit directions and conditions and with all applicable laws and ordinances. The parade chairman or other person heading or leading the parade shall carry the parade permit upon his person during the conduct of the parade.

(Ord. No. 676, 12-10-80; Code 1964, 25.1-16[j])

 

 

 

 

Signed by ____________________________ Date _________________

Ross A. Kearney, II, Mayor

 

 

 

 

Attested by ____________________________ Date _________________

Katherine K. Glass

Clerk of the Council