HomeMy WebLinkAbout11293 ORD - 02/07/1973'l/17/73 •
AN ORDINANCE
PROVIDING FOR THE REGULATION OF PARADES AND MARCHES
WITHIN THE CITY; DEFINING TERMS; DESIGNATING REGULA-
TORY OFFICERS IN THE CITY GOVERNMENT FOR ADMINISTRATION
OF SAID ORDINANCE; PROVIDING STANDARDS FOR ISSUANCE OF
PARADE PERMITS AND REVOCATION; PROVIDING APPELLATE
PROCEDURES; PROVIDING PENALTIES AND SANCTIONS; PROVIDING
REPEAL OF CONFLICTING ORDINANCES; PROVIDING SEVERABILITY.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Short title. This ordinance shall be known and may be
cited as the "Corpus Christi Parade Ordinance."
SECTION 2. Definitions.
(1) "Chief of Police" is the Chief of Police of the City of Corpus
Christi.
(2) "City" is the City of Corpus Christi.
(3) "Parade ", as used in this ordinance, means three (3) or more
persons evidencing a common purpose to attract the attention of bystanders
generally,or expressing in public view a common message or idea, irrespective
of such bystanders, by walking, marching, or moving together within the
corporate limits, with or without animals or vehicles, for a total distance
of six hundred or more feet on any public sidewalk, street, alley, park,
easement, or City -owned lot within any total period of six hours.
(4) "Parade Permit" is a permit issued by the Chief of Police
authorizing the conduct of a designated parade.
(5) "Person" is any person, firm, partnership, association, corpo-
ration, company or organization of any kind.
(6) "Pre- parade" or "assembly" is any gathering or rally of the
participants in and, if any, the vehicles and equipment of a parade on any
public property immediately prior to the actual commencement of a parade.
(7) "Post- parade" or "disassembly" is the activity occurring
among the participants and involving their equipment and animals, if any,
on public property, immediately following the end of the parade.
SECTION 3. Permit Required. No person shall engage in, partici-
pate in, aid, form or start any parade, unless a parade permit shall have
been obtained from the Chief of Police, the City Manager or the City Council,
as herein prescribed.
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(1) Exceptions. This ordinance shall NOT apply to:
(a) Students going to and from school classes or
participating in educational activities, pro-
viding such conduct is under the immediate direc-
tion and supervision of the proper school authori-
ties;
(b) A governmental agency acting within the scope of
its functions.
(c) Lawful picketing,by a labor union.
(d) Funeral processions under police escort conducted
by a duly licensed funeral home. I
SECTION 4. Application. A person seeking issuance of a parade
permit shall file an application with the Chief of Police on forms provided
by such officer and shall be signed by the applicant with the contents
thereof sworn to as of the date the application is presented.
(1) Filing Period. An application for a parade permit shall be
filed with the Chief of Police not less than 72 hours nor more than thirty
(30) days before the date on which it is proposed to conduct the parade.
(2) Contents. The application for a parade permit shall set
forth the following information:
(a) The name, address and telephone number of the
person seeking to conduct such parade;
(b) 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 of the authorized and
responsible heads of such organization;
(c) The name, address and telephone number of the
person who will be the parade chairman and who
will be responsible for its conduct;
(d) The date when the parade is to be conducted and
any acceptable alternate;
(e) The route to be traveled, the starting point and
the termination point; any acceptable alternate
routes; if stops are planned during parade, whether
any speechmaking is scheduled during such stops.
(f) The approximate number of persons who, and animals
and vehicles which, will constitute such parade;
the type of animals, and description of the vehicles;
any predominance of age groups; any anticipated
change in the number of marchers during the course
of the parade;
(g) The hours when such parade will start and terminate;
whether any stops are planned, and if so, where;
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_ (h) A statement as to whether the parade will occupy
all or only a portion of the width of the streets
proposed to be traversed;
(i) The location by streets of any assembly (pre - parade)
areas for such parade and disassembly (post - parade)
areas and the estimated times of assembly and dis-
assembly;
(j) The interval of space to be maintained between units
of such parade;
(k) If the parade is designed to be held by, and on be-
half 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.
(1) The general purpose of the planned parade, e.g.
anniversary, memorial, protest, religious, other.
(m) Any other reasonably necessary information the Chief
of Police prescribes for such application for the
purpose of determining whether the proposed parade
meets the standards of issuance set forth in Section
5 hereof.
(3) Late Applications. The Chief of Police, where good cause is
shown therefor, shall have the authority to consider, but no duty to do so,
any application hereunder which is filed less than 72 hours before the date
such parade is proposed to be conducted;
SECTION 5. Standards for Issuance. The Chief of Police shall
issue a permit as provided for hereunder when, from a consideration of the
application and from such other information as may otherwise be obtained, he
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 areas 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;
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(4) The concentration of persons, animals and vehicles at assembly
points of the parade will not unduly interfere with proper fire and police
protection o£, or ambulance service to, areas contiguous to such assembly
areas or dis- assembly areas;
(5) The conduct of such parade will not interfere with the move-
ment of fire - fighting enroute to a fire;
(6) The conduct of the parade will not create a clear and present
danger to persons and property;
(7) The parade is scheduled to move from its point of origin to
its point of termination expeditiously and without unreasonable delays
enroute.
SECTION 6. Refusal of Permit.
A. The Chief of Police, the City Manager, or the City Council may
refuse an application for a parade permit only if:
(1) The application is materially incomplete.
(2) The Chief of Police or the City Manager or the City
Council, as the case may be, finds that the standards required by Section 5.
of this ordinance are not met.
B. If the Chief of Police or the City Manager or the City Council
refuses the application for a parade permit the Chief of Police must have
available for inspection by the applicant or his agent a written list of
reasons for refusal based on the application information or other identified
source of information within 48 hours of the filing of the completed appli-
cation. He shall either deliver the refusal notice and reasons personally
to the applicant or mail said notice and reasons certified or registered
mail, return receipt requested, to the name and address as the applicant
shall specify in his application. Notice shall be deemed given at the time
of personal delivery or as of the day following posting by mail, whichever
the case may be. The failure of the Chief of Police, the City Manager or
the City Council to issue the statement of reasons or notice within the
time prescribed shall not operate as any grant of permission to parade.
C. In the evaluation as to issuance of any parade permit, the
occurrence of any scheduled special event or activity on properties abutting
the route and during the pertinent times which in reasonable probability
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will generate above- average traffic, sidewalk and /or street, in the immediate
route area shall be considered.
SECTION 7. Appeal. If the initial application is refused, the
applicant may revise same to remove those items constituting rejection
grounds as specified in the written statement of refusal, or file with the
City Secretary a written notice of appeal of such rejection to the City
Council within five (5) days, excluding City legal holidays, Saturdays and
Sundays. The City Secretary, on instruction of the Mayor, shall docket such
hearing promptly and give the applicant not less than forty -eight hours'
personal notice of such hearing, by mail, telephone, or personally; provided,
however, the applicant or his duly authorized agent may wrai5e such notice.
No hearing shall be held on less than three days' public notice and not
more than eight (8) days after filing of appeal with the City secretary. The
hearing must be public unless the City Council determines, by majority vote,
that the application and /or evidence thereon involves the public security.
The Chief of Police and one officer designated by him shall have the right
to appear at said hearing, give evidence and testify, subject to the appli-
cant's right to cross - examine and also introduce evidence and testify, and
both shall be represented by counsel, unless the applicant waives such
representation for himself.
The hearing shall be closed at the conclusion of the proceeding in
one session and may not be recessed for more than nine (9) hours in total.
The Council shall promptly deliberate and then sit to vote to either affirm
the ruling of the Chief of Police, reverse the ruling of the Chief of Police
and grant the application as originally made, or as amended and resubmitted
prior to appeal, or modify the permit requirements as to such application
under the standards, criteria, and guidelines of this ordinance.
SECTION B. Revocation. After issuance of a permit by the Chief
of police or by the Council, as the case may be, it may be revoked by the
Chief of Police or by the Council, regardless of the issuer of the permit,
except that a Chief's revocation may be countermanded by the City Council
in any event.
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A permit may be revoked under the following circumstances:
(1) The occurrence of a preemptive public emergency affecting
materially the parade activity and /or route, including pre - parade and post -
parade activity;
(2) The violation by persons in the pre - parade, parade, or post -
parade activities of any law of the State of Texas or ordinance of the City
of Corpus Christi or the commission by any person therein of a breach of
the peaces
permit;
(3) The violation of the express terms or conditions of the parade
(4) Any false and material statement or representation on the
application.
Notice of revocation will be given by the Chief of Police or his
duly authorized agent or by a duly authorized representative of the City Council
and, if the exigencies of the situation permit, in writing, delivered to any
known member or officer of the sponsor, and, if none be available on the
scene, to any person apparently in a leadership position as would be believed
by a man of ordinary prudence viewing the facts and circumstances, at the
moment in the parade situation.
SECTION 9. Revocation Appeal. Appeal of revocation, if during
the parade process, shall be made to the duly authorized City agent on the
scene. He shall, forthwith, either rescind the revocation, if the Chief of
Police or Council, as the case may be, have authorized him to do so, or re-
affirm it.
If the on -scene appeal is rejected by such City agent, a further
appeal may then be made within not more than three (3) hours to the City
Manager, who shall follow the same process as the on -scene representative.
Finally, if the appellant for the applicant - permittee be dissatisfied, he
may file a written appeal of the revocation with the City Secretary in the
procedure and manner set forth for appeal from initial permit denial by the
Chief of Police and this appeal shall be noticed, docketed, processed, heard,
and disposed of in the like manner.
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SECTION 10. Alternate Permit. The Chief of Police, 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 three (3) days after notice of the action of the Chief
of Police, file a written notice of acceptance with the Chief of Police. An
alternate parade permit shall conform to the requirements of, and shall have
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the effect of, a parade permit under this ordinance.
SECTION 11. Precedence of Permits. Parade permits, as to a given
seven -day period, will be granted in order of precedence as to date of filing
of application.
Where different appeals are filed at the same time, precedence will
be accorded to the appeal involving the largest number of persons in parade.
SECTION 12. Notice to City and Other Officials. Immediately upon
the issuance of a parade permit, the Chief of Police shall send a copy there-
of to the following:
(1) The Mayor;
(la) The City Manager;
(2) The City Attorney;
(2a) The Human Relations Director;
(3) The Fire Chief;
(4) The Director of the Department of Public Works;
(5) The Postmaster;
(6) The Director of Public Utilities;
(7) The Director of Civil Defense;
(8) The Local Office of the State Department of Public Safety.
SECTION 13. Contents of Permit. Each parade permit shall, in
addition to other requirements in this ordinance, state the following infor-
mation:
(1) Date of Parade;
(2) Starting time and termination time of parade;
(3) Minimum speed;
(4) Maximum speed;
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(5) Maximum interval of space to be maintained between the units
of the parade;
(6) The portions of the streets to be traversed that may be
occupied by the parade; portions of streets and /or other public property to
be used for assembly of parade and disassembly of parade;
(7) The name of the permittee and the parade chairman;
(8) The maximum length of the parade in miles or fractions thereof;
(9) Such other information as the Chief of Police shall find neces-
sary to the enforcement of this ordinance.
SECTION 14. No permit issued hereunder shall be transferable with-
out written consent of the Chief of Police or the City Manager.
(1) Duties of Permittee. A permittee hereunder shall comply
with all permit directions and conditions and with all applicable laws and
ordinances. The parade chairman or person leading the parade shall be con-
spicuously identified by armbands.
(2) Possession of Permit. The parade chairman or other person
heading or leading such activity shall carry the parade permit upon his
person during the conduct of the pre - parade, parade, and post - parade
activities.
SECTION 15. Public Conduct During Parades.
(1) Interference. No person shall unreasonably hamper, obstruct
or impede, or interfere with any parade assembly, parade or parade dis-
assembly or with any person, vehicle or animal participating or used in a
parade.
(2) Driving Through Parades. No driver of a vehicle shall drive
between the vehicles, persons, or animals comprising a parade when such
vehicles, persons, or animals are in motion and are conspicuously designated
as a parade.
(3) Parking on Parade Route. The Chief of Police shall have the
authority under both this ordinance and other ordinances of the City regulat-
ing parking, when reasonably necessary, to prohibit or restrict the parking
of vehicles along a street or road or part thereof constituting a part of
the route of a parade. The Chief of Police shall post signs to such effect,
and it shall be unlawful for any person to park or leave unattended any vehicle
in violation thereof.
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(4) No funeral shall proceed on any expressway or limited access
road thereto without express permission of the Chief of Police.
SECTION 16. Penalty Each person violating any provision of this
ordinance shall, upon conviction, be punishable by a fine of not less than
Fifty ($50) Dollars nor more than Two Hundred ($200) Dollars.
where imminent breach of the public peace is threatened or in pro-
gress by pre - parade, parade, or post - parade activities so as to substantially
imperil the health, safety, morals or welfare of the inhabitants of the City,
the City Attorney may be empowered, upon instruction by the City Manager or
the City Council, to petition any court of competent jurisdiction for an
ex parte restraining order or other extraordinary remedy to avert or halt
such threat or breach of the peace.
SECTION 17. Separability. If any section, subsection, sentence,
clause, phrase or portion of this ordinance is for any reason held invalid or
unconstitutional by final judgment of any court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent provision
and such holding shall not affect the validity of the remaining portions hereof.
SECTION 18. Ordinances Repealed. All ordinances and parts ordi-
nances in conflict with the provisions of this ordinance are hereby repealed,
including but not limited to Sec. 21 -3 of the Code of Ordinances of the City
of Corpus Christi 1958.
•
THAT THE FOREGOING ORDINANCE WAS READ FOR THE FIRST TIME AND PASSED
TO ITS SECOND READING ON THIS THE DAY OF i, X91, BY THE
FOLLOWING VOTE:
BONNIE SIZEMORE�
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZALES _-
GABE LOZANO, SR.
J. HOWARD STARK
THAT THE FOREGOING ORDINANCE WAS READ F R THE SECOND TIME AND PASSED
TO ITS TH.I RD READING ON THIS THE -q /,.,,t DAY ,OFD 19 , BY THE
FOLLOWING VOTE:
•
RONNIE SIZEMORE v
CHARLES A. BONNIWELL
,RCBERTo BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GO NZA LES
GABE LOZANO, SR.
J. HOWARD STARK
THAT THE FOREGOING ORDINANCE WAS READ FOR THE THIRD TIME AND PASSED
FINALLY ON THIS THE�DAY OF- �, 19_�73 , BY THE FOLLOWING VOTE:
ATTEST:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH Q�
THOMAS V. GONZA LES
GABE LOZANO, SR.�- UT
J. HOWARD STARK
PASSEp AND APPROVED, THIS THE —U DAY OFF
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THE CITY OF CORPUS CHRISTI, TEXAS
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CIT ATTORNEY
PUBLISHER'S AFFIDAVIT
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STATE OF TEXAS, j LATION OF REC4).
• County of Nueces. ss: DE I ES WITM S Ano
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IN TM TOR OFFICERS
CITYr
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ORDINANCE- PROVIDING
Before me, the undersigned, a Notary Public, this day personally c J()AATj PERAUTS ANO ItE OF
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Daily Newspapers published at Corpus Christi, Texas, in said County and State, 3:W
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of which the annexed is a true
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Subscribed and sworn to before
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me this 4-th ........... day of.. lass Adv. M
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Louise Vick
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Publ'1'C'*"'jW.—e'e—es County, Texas