Chapter 148

 PARADES

[HISTORY: Adopted by the Mayor and Council of the Town of Elsmere 5-11-1993 as Ord. No. 299. Amendments noted where applicable.]

~ 148-1. General provisions.

  No person, as defined in ~ 148-2 of this chapter, shall be permitted to engage in, participate in, aid, form or start any parade, as defined in ~ 148-2 of this chapter, within the town limits of Elsmere, without a permit issued by the Council of the Town of Elsmere.

~ 148-2. Definitions.

  As used in this chapter, the following terms shall have the meanings indicated:

          EST -- An abbreviation for Eastern Standard Time, and shall be deemed to refer to Eastern Daylight Saving Time during such periods as Eastern Daylight Saving Time shall be in effect in the town.

          NEIGHBORHOOD BLOCK PARTIES -- An organized gathering of neighborhood residents utilizing the public right-of-way abutting their property for recreational purposes of a nonprofit or noncommercial nature. "Neighborhood block parties" shall be synonymous with "neighborhood street fairs," "neighborhood street picnics," and similar names representing the same activity which require the closing of public streets to normal traffic flow.

          PARADE -- Any parade, march or procession of any kind of persons, animals or vehicles, upon any street in the town.

          PERSON -- Any person, firm, partnership, association, corporation, company, neighborhood or organization of any kind.

          STREET -- Any street, public highway, lane, alley, sidewalk, public square or public right-of-way within the town limits.

~ 148-3. Exemptions.

  The following are exempt from the provisions of this chapter:

     A.     Funeral processions.

     B.     Students going to and from school classes or participating in educational activities, provided that such conduct is under the immediate direction and supervision of the proper school authorities.

~ 148-4. Parades prohibited at certain times.

  All parades upon any street are prohibited Monday through Friday between the hours of 7:00 a.m. EST and 10:00 a.m. EST, and 4:00 p.m. EST and 7:00 p.m. EST

~ 148-5. Permit required.

  A parade permit is required for any parade, as defined in ~ 148-2 of this chapter. A person desiring a parade permit shall file an application with the Town Manager on forms provided by the town. All applications shall be reviewed by the Elsmere Chief of Police for an opinion regarding the number of police and emergency personnel necessary to service the parade and contiguous areas, and the Police Chief shall report his findings to Council.

~ 148-6. Permit applications.

     A.     Parade permits shall be issued by the Council of Town of Elsmere.

     B.     The application shall be filed, with the Town Manager, not less than fourteen (14) days nor more than thirty (30) days before the date on which it is proposed to conduct the parade; provided, however, that where an applicant shall demonstrate special circumstances justifying expedited review, the Council may waive the requirement that an application be filed fourteen (14) days prior to the date on which the applicant proposes to conduct the parade.

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

          (1)     Name, address and telephone number of the person seeking to conduct such parade;

          (2)     If the parade is proposed to be conducted for, on behalf of, or by an organization, the name address and phone number of the headquarters of the organization, and of the authorized and responsible heads of such organization;

          (3)     Name, address and phone number of the person who will serve as parade chairman and who will be responsible for its conduct;

          (4)     The date and hours when the parade is to start and terminate;

          (5)     The route to be traveled, the starting point and the termination point;

          (6)     The approximate number of persons, animals and vehicles which will constitute such parade and the type of animals and description of vehicles;

          (7)     The location by streets of any assembly areas for such parade;

          (8)     The time at which units of the parade will begin to assemble at any such assembly area(s);

          (9)     The interval of space to be maintained between units of such parade;

          (10)     If the parade is designed to be held by, and on behalf of or for, any person other than the applicant, the applicant for the parade permit shall file with the Town Manager a communication in writing from the person proposing to hold the parade, authorizing the applicant to apply for the permit on their behalf;

          (11)     Any special circumstances which demonstrate good cause for expedited action by the Town Council, pursuant to ~ 148-9B below.

     D.     Neighborhood block parties/street fairs/picnics applications will require all of the above information and additionally:

          (1)     A petition with the names, addresses and signatures of at least sixty percent (60%) of the heads of household or their responsible adult representative abutting the area of right-of-way proposed for closing.

          (2)     A sketch showing the location and streets of the proposed activity. The sketch shall show the proposed location of any temporary structures or equipment, the location, addresses and names of abutting residents and the location of fire hydrants in the area to be closed.

~ 148-7. Permit fee.

  There shall be paid at the time of filing the application for a parade permit a fee of fifteen dollars ($15.) to defray the cost of processing the permit application.

~ 148-8. Standards for permit issuance.

  The Council of the Town of Elsmere shall issue a parade permit when, from the recommendation of the Chief of Police and from such other information as may otherwise be obtained, they find that:

     A.     The conduct of the parade will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route;

     B.     The conduct of the parade will not require the diversion of so great a number of police officers of this town to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection to this town;

     C.     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 this town other than that occupied by the proposed line of march and areas contiguous thereto;

     D.     The concentration of persons, animals 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 areas;

     E.     The conduct of such parade will not interfere with the movement of fire-fighting equipment en route to a fire;

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

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

~ 148-9. Notice of Council decision.

     A.     The Council of the Town of Elsmere, at a regularly scheduled public meeting, shall make the determination to issue, deny or offer an alternative permit for such parade application. The applicant will be notified in writing by the Town Manager of said action, within three (3) days after the date of the meeting.

     B.     Notwithstanding the foregoing, where an applicant has demonstrated special circumstances justifying expedited review of such applicant's proposed permit, the Town Manager may call a special meeting of the Council of the Town of Elsmere to determine on an expedited basis whether to issue, deny or offer an alternative permit. Such a special meeting shall be scheduled within five (5) days, exclusive of Saturdays, Sundays and holidays, of the proper filing of the applications with the Town Manager, and the applicant shall be notified of the Council's decision by telephone or by the most prompt means available, within twenty-four (24) hours of the Council's decision.

~ 148-10. Alternative permit.

  The Council of the Town of Elsmere, in denying an application for a parade permit, can 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 three (3) days after notice of action, file a written notice of acceptance with the Town Manager. An alternate parade permit shall conform to the requirements of, and shall have the effect of, a parade permit under this chapter.

~ 148-11. Appeal procedure.

  Any person aggrieved by the denial of a parade permit shall have the right to appeal in writing to a Committee which shall consist of the following persons: the Mayor, the Town Manager, and the Chief of Police. The Committee shall meet within ten (10) days to determine whether the denial of a permit was appropriate. The Committee shall have authority to recommend reconsideration by the Council of the denial of a permit where the circumstances warrant such reconsideration. Within five (5) days of such a recommendation of the Appeal Committee, Council shall determine whether to issue, deny or offer an alternative permit. No action by the Council shall be deemed a denial.

~ 148-12. Compliance with laws and regulations.

  A person holding a parade permit shall comply with all permit directions and conditions and with all applicable laws and ordinances.