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HomeMy WebLinkAboutOrdinance 5861 08/18/1997 . . . ORDINANCE NO. 5861 ( GENERAL) AN ORDINANCE AMENDING CHAPTER 6 ~TRAFFIC" OF THE SPRINGFIELD CODE, PERTAINING TO MOTOR VEHICLES, BICYCLES, AND PARADES, AND I DECLARING AN EMERGENCY. THE CITY OF SPRINGFIELD DOES ORDAIN AS FOLLOWS: section 1. Chapter 6, Traffic, of the Springfield Code 1965 is amended as more particularly described and set forth in the ~Chapter 6, Vehicles and Traffic", which is attached hereto and incorporated herein by reference as though fully set forth. This adoption specifically includes Section 6.005, 6.010, 6.015, 6.020, 6.025, 6.030, 6.035, 6.040, 6.045, 6.050, 6.055, 6.060, 6.065, 6.070, 6.075, 6.105, 6.110, 6.115, 6.120, 6.205, 6.210, 6 . 2 15, 6. 2 5 0, 6. 2 5 5, 6. 3 0 5 , 6. 3 10, 6. 3 15 ,6 . 3 2 0, 6. 32 5, 6. 3 3 0 , 6.335, 6.340, 6.345, 6.350, 6.405, 6.410, 6.415, 6.505, 6.510, 6 . 515 , 6. 52 0, 6. 525, 6. 53 0, 6. 535 , 6. 540, 6. 545, 6. 550, and 6.555, all of which are attached hereto and incorporated herein by reference in ~Chapter 6, Vehicles and Traffic". section 2. It is hereby found and determined by the Common Council that matters pertaining to vehicles and traffic, including motor vehicles, bicycles, and parades are matters affecting the public health, safety and welfare, and that an emergency therefore exists and this ordinance shall become effective immediately upon adoption by the Council and approval by the Mayor. Adopted by the Common Council of the City of Springfield this 18th day of August, 1997, by a vote of' 4 in favor and o against. Approved by the Mayor of the City of Springfield this day of August, 1997. 18th g/??~f~ Mayor ATTEST: / (\ JJiN W~~ Cit~ecorder REVIEWED & APPROVED A~ TO FORM \ ~''>''::.t....." ~ ~\~ DATE: ~ I q \ 11 OFFICE OF CITY ATTORNEY -- . Chapter 6 VEIDCLES AND TRAFFIC MOTOR VEHICLES 6.330 Nuisance Vehicles-- Prohibited. Parking and Standing 6.335 Abandoned Vehicles-- 6.005 Method. Definition. 6.010 Owner Responsibility. 6.340 Abandoned Vehicles-- 6.015 Prohibited. Prohibited. 6.020 Restricted in Time. 6.345 Abandoned V ehicles-- Notice 6.025 Loading Zones. Prior to Removal. 6.030 Bus and Taxi Zones. 6.350 Exemption: Vehicle Held in a 6.035 Bus and Taxi Stands. Criminal Investigation. 6.040 Authority to Restrict Parking Within the City. 6.045 Disabled Person Spaces. BICYCLES 6.050 Trucks on Permitted Routes 6.405 Racing. and Overnight Restrictions. 6.410 Pedestrians. 6.055 Fire Lanes. 6.415 Riding Over Yards, 6.060 Enforcement. Parkways. 6.065 Unlawful Marking. 6.070 Penalties. 6.075 Removal. ' PARADES . 6.505 Definitions. General Regulations 6.510 Permit Required. 6.105 Police Powers and Duties. 6.515 Application. 6.110 Obstructing Streets. 6.520 Increase or Waiver of 6.115 Use of Sidewalks Processing Time. 6.120 Play Vehicles Restricted. 6.525 Issuance or Denial of Permit. 6.530 Save Harmless Agreement. Moving 6.535 Limitation of Liability. 6.205 Closed Streets. 6.540 Public Announcements 6.210 Running Vehicles Over Required. Curbs. 6.545 Sanitation and Clean-up. 6.215 Driving Across Private 6.550 Parade Permit Revocation. Property. 6.555 Appeal Procedure. Routes 6.250 Truck Routes. 6.255 Public Works Responsible for Supervision. Removal 6.305 Police Authority. 6.310 Notice Subsequent to Removal. 6.315 Charges. 6.320 Sale. . 6.325 Nuisance Vehicle--Definition. A TT ACHMENT B . Springfield Code MOTOR VEHICLES Parking and Standing. . 6.005 Method. (1) No person shall stand or park a vehicle on a street, including a cul-de-sac, other than parallel with the edge of the road- way, headed in the direction of lawful traffic movement, and with the curbside wheels ofthe vehicle within 12 inches of the edge of the curb, except where the street is marked or signed for angle parking, in which case motor vehicles shall be parked with the front headed into the curb, and at the angle of and between painted stripes or other markings upon the pavement where such head-in parking is.indi- cated. (2) Where parking space markings are placed on a street, or on a city owned parking lot, no person shall stand or park a vehicle other than in the indicated direction and, un- less the size or shape of the vehicle makes compliance impossible, within a single marked space. (3) The operator who first begins maneuvering a motor vehicle into a vacant parking space on a street shall have priority to park in that space, and no other vehicle opera- tor shall attempt to deprive the person of prior- ity or block the access. (4) Whenever the operator of a vehicle discovers that the vehicle is parked close to a building to which the fire department has been summoned, the operator shall immediately remove the vehicle from the area, unless other- wise directed by a police officer or fire fighter. . 6.010 Owner Responsibility. The registered owner of a vehicle placed in violation of any of the terms of sections 6.005 to 6.075 shall be responsible for the penalty, except where the use of the vehicle was secured by a person without the owner's consent. When charging a person with a parking violation, proof that the vehicle was registered to the defendant at the time of the violation shall constitute a presumption that the defendant was then the owner in fact. 6.015 Prohibited. In addition to complying with the provisions of the motor vehi- cle laws of the state of Oregon prohibiting parking, no person shall park or stand: (1) A vehicle upon a bridge, viaduct, or other elevated structure used as a street, unless parking is permitted by a lawfully in- stalled sign; or (2) A vehicle in an alley, except to load or unload persons or materials, but in no case in excess of 20 minutes; or (3) A vehicle upon a street, alley, right-of-way, or other public way, for the principle purpose of: (a) Displaying the vehicle for sale; (b) Washing, servicing, or repairing the vehicle, except repairs necessitated by an emergency that does not cause an obstruction and that lasts no more than one hour; (c) Displaying advertising from the vehicle except when in compliance with sign code section provisions of this code; (d) Selling merchandise from the vehicle, except when licensed as a transient merchant; or (4) A vehicle that is displaying expired registration tags, an expired temporary permit, or displays no license plate. (5) A vehicle within that area between the curb or curb line and the sidewalk line or outer edge of the sidewalk commonly known as the parking strip. (6) A vehicle within any area officially designated, whether permanently or tempor- arily, as a no parking zone, whether such area is marked by signs, a yellow curb, or by other means. 6:1 . Springfield Code (7) A vehicle within 10 feet on each side of a fire hydrant measured from the point of the curb nearest to the hydrant. . 6.020 Restricted In Time. (1) No person shall park a vehicle in a parking zone, whether on the street or in a municipal parking lot, for a period in excess of the period of time designated for parking in the zone, except as provided in subsection (2) of this section. Where maximum parking times are designated, movement of a vehicle within a block shall not extend the time limits for parking. (2) Parking permits may be issued that shall entitle the vehicle, upon which the permit ' is placed, to park in excess of the time limits provided in a restricted time space. Permits shall be issued as follows: (a) The city manager may issue "visitor" parking permits for persons attending meetings, conferences, per- forming volunteer work, conducting construction or repair or at the manag- er's discretion. (b) The municipal court may issue "jury" parking permits for persons performing jury duty. (c) The public works depart- ment, or traffic department, may issue "special" parking permits for construc- tion and maintenance vehicles, equip- ment, materials, or to businesses or homeowners adjacent to street con- struction projects, whenever the con- struction necessitates the permits. (3) Permits shall be valid only for the dates specified. (4) Permits shall be placed on the dash of the vehicle so as to be plainly visible from outside the vehicle. (5) Nothing herein shall be construed as allowing any vehicle to be operated or parked in any manner in violation of law or any parking requirement of Chapter 6 except- ing only the specified limits of time. . (6) When a vehicle is parked continu- ously for eight hours in an area in violation of sections 6.005 to 6.075, the vehicle may be re- moved by a police officer, or patrol communi- ty service officer. The impoundment and disposition shall be in accordance with the provisions of this chapter. 6.025 Loading Zones. No person shall park, stand or stop a vehicle for any purpose or length of time other than for the expeditious loading or unloading of persons or materials, but in no case in excess of 30 minutes, in any area designated as a loading zone. 6.030 Bus and Taxi Zones. (1) No person shall stop, stand, or park a vehicle other than a bus in a bus zone or a taxicab in a taxicab stand, except that the operator of a passenger vehicle maytempor- arily stop for the purpose of, and while act- ually engaged in, loading or unloading passen- gers, when stopping does not interfere with any bus or taxicab about to enter the restricted area. (2) Bus zones shall be defined as that area within 25 feet on each side of the sign indicating a bus stop. The Lane Transit Dis- trict shall be responsible for marking each bus stop sign to indicate the restricted area. 6.035 Bus and Taxi Stands. The operator of a bus or taxicab shall not stand or park the vehicle upon any street at any place other than at a bus zone or taxicab stand, respec- tively, unless it is temporarily stopping for the purpose of and while actually engaged in the loading or unloading of passengers. 6.040 Authority to Restrict Parking \Vithin the City. (1) The department of public works is hereby authorized to designate, within the city, areas in which the parking of vehicles is re- stricted in time or is prohibited, areas that are to be restricted as loading zones, and areas that 6:2 . Springfield Code are to be restricted as bus zones and taxi stands, and zones that are limited to a specific use or classification. (2) The fire department is hereby authorized to designate, on public ways or private property open to the public, areas that are to be restricted as fire lanes. (3) Upon designation by the depart- ment of public works of an area as a restricted parking zone, a loading zone, or as a bus zone or taxi stand, or a zone that is limited to spe- cific use or classification, or by the fire depart- ment of an area as a fire lane, the area shall be marked by a sign or other means as a restrict- ed area and the permissible time for parking a vehicle therein shall be so indicated if applica- ble. (4) Upon designation by the depart- ment of public works of an area as a no-park- ing zone, the area shall be marked by a yellow curb or appropriate signs. . 6.045 Disabled Person Spaces. No person shall park or stand a vehicle in a park- ing zone that is restricted for use by the dis- abled, whether on a public way or private property open to the public, unless the vehicle is equipped with a special decal, permit, plac- ard, identifying insignia, or plates issued by the Department of Motor Vehicles identifying the operator as being disabled. 6.050 Trucks On Permitted Routes and Overnight Restrictions. (1) No person shall park or stand any restricted truck as defined in section 6.250( I) upon the streets of the city except: (a) Upon streets designated as permitted truck routes in section 6.250(1) of this code; or (b) Except for the purpose of and while actually engaging in loading or unloading; or (c) Upon determination by the public works department and the post- ing of signs stating that truck parking . is permitted. In making a determina- tion, the public works department shall consider the need for on-street truck parking, the potential impacts of such parking on access to abutting proper- ties, nearby business operations, traffic and pedestrian safety, and may specify appropriate terms and conditions with regard to such parking. (2) No person shall park any truck, bus, camper, motor home, trailer or boat, as defined in subsection (3) of this section, upon the streets of the city continuously for more than two hours from 12:01 a.m. to 7:00 a.m. of the same day. . (3) As used in this section, the follow- mg mean: Boat. Any vehicle, structure or device, whether or not mounted upon a wheeled device for trailing behind a car, truck or other vehicle, intended to be used as a conveyance upon water. Bus. Any vehicle originally designed to convey 10 or more passen- gers. "Bus" also means any vehicle described herein, including one which has been converted for camping, sleep- ing and/or living facilities, or the stor- age of materials. Camper. Any device placed upon a truck or pickup bed that ex- tends above the top of the cab of the truck or pickup whether or not the same is outfitted with camping or slee- ping facilities or equipment. "Camper" is. not intended to cover simple cano- pIes. Trailer/Motor Home. A vehicle or wheeled structure designed for being moved over public thoroughfares equipped for sleeping, cooking and with plumbing facilities intended for human occupancy. Truck. Any vehicle licensed as a motor truck, semi-truck, or any vehi- cle 72 inches or more in width, or any 6:3 . Springfield Code vehicle including, but not limited to, a motor or semi truck trailer, that is designated or primarily operated for the transportation of property, and the body weight or combined body and load weight of which exceeds 6,000 pounds. "Truck" shall not be applied to automobile passenger vehicles or to that form of truck commonly referred to as "pickup." 6.055 Fire Lanes. No person shall park or stand a vehicle in an area designated as a fire lane, excepting fire department vehicles or other emergency vehicles. 6.060 Enforcement. The police department shall enforce the terms of sections 6.005 to 6.075 by appropriate marking of vehicles and the issuance of citations for viola- tions, or impoundment, or both. . 6.065 Unlawful Marking. Except as provid- ed in sections 6.005 to 6.075, no per- son shall letter, mark or paint in any manner on any sidewalk, curb, or other portion of any street, or post anything designed or intended to prohibit or restrict parking on any street. 6.070 Penalties. The fine for violation of any provision of sections 6.005 to 6.075 shall not exceed $500. The proceedings shall be civil in nature. The owner shall also be responsible for expenses incurred in remov- ing the vehicle. Failure to pay accrued char- ges shall constitute a surrender of the vehicle to the city or authorized police garage to dis- . pose of in accordance with this code and Ore- gon Revised Statutes. 6.075 Removal. (1) When a police officer, patrol com- munity service officer, or an agent of the fire department observes a vehicle parked in viola- tion of sections 6.015, 6.025, 6.030, 6.040, 6.045, or 6.055, the officer or agent may cause . the vehicle to be impounded, may cause it to be removed, or require the driver or person in charge of the vehicle to move it. (2) When a police officer or patrol community service officer observes a vehicle which has five or more unpaid parking viola- tions, on which the court appearance date has passed, the officer shall cause the vehicle to be impounded. (3) The disposition of a vehicle im- pounded under authority of this section shall be in accordance with the provisions of this code or Oregon Revised Statutes. General Regulations. 6.105 Police Powers and Duties. (1) The police department shall en- force provisions of this chapter. (2) Officers and/or community service officers assigned to the patrol bureau are auth- orized to direct all traffic, either in person or by means of visible or audible signals, in con- formance with the provisions of this chapter, except that in the event of a fire, other emer- gency, or event, to expedite traffic or safe- guard pedestrians, officers or agents of the police or fire department may direct traffic as conditions may require, notwithstanding the provisions of this chapter. (3) The police may close temporarily any street or highway in an impending or existing emergency, or for any lawful assem- blage, demonstration, or procession, provided there is reasonable justification for doing so. (4) The police may temporarily pro- hibit parking on any street or highway or por- tion thereof in any impending or existing eme- rgency, or for a lawful assemblage, demonstra- tion, or procession, provided there is reason- able justification for such prohibition. , (5) Vehicles parked in places where parking is prohibited temporarily may be re- moved by or under the direction of any police officer or patrol community service officer. 6:4 . Springfield Code 6.110 Obstructing Streets. Except as this code provides to the contrary, no per- son shall place, park, deposit, or leave upon any street or other public way, sidewalk, or curb any vehicle, article, thing, or material which in any way prevents, interrupts, impedes or obstructs the free passage of pedestrian or vehicular traffic, or obstructs a driver's view of traffic or official traffic control device. 6.115 Use of Sidewalks. Pedestrians shall not use any roadway for travel when abutting sidewalks are available. 6.120 Play Vehicles Restricted. No person upon roller or in-line skates, or riding in or by means of any coaster, sled, toy vehi- cle, or similar device, shall go upon any street except to cross at a crosswalk. Moving. . 6.205 Closed Streets. (I) No operator of any vehicle shall proceed or operate the vehicle upon any city street when the street is barricaded and posted with a sign indicating that the street is closed to traffic. (2) With respect to barricaded streets closed for construction, maintenance, or other reasons, a conspicuous sign indicating "Street Closed" shall be placed at each end of the closed portion of the street and remain there until the barricades are removed and the street reopened. (3) Any person found guilty of viola- tion of this section shall be punished in the municipal court by a fine of not more than $500. 6.210 Running Vehicles Over Curbs. No person shall run any vehicle or machine across or over any curb in the city without first building a sufficiently inclined plane to protect the curb from any contact with, or injury from, the wheels of the vehicle or . machine. The inclined plane shall not obstruct the flow of water in the gutter and shall be removed at the order of a police officer, patrol community service officer, or building inspec- tor. 6.215 Driving Across Private Property. No driver of any vehicle shall drive from one street to another street across private prop- erty except where a private road is provided for access between such streets and the driver is an invitee upon the private roadway. This section shall not prevent automobiles driving into a place of business providing parking or drive-in service from one street where they actually stop for service, and from then enter- ing another street provided they do not cross other private property. Routes. 6.250 Truck Routes. The purpose of Spring- field's truck route system is to establish safe, orderly, and efficient movement of com- mercial and industrial truck traffic through and within the city; and to minimize structural damage to local streets not designed to accom- modate vehicles in excess of 10,000 pounds gross vehicle weight. (I) As used in sections 6.250 to 6.255 the following mean: Restricted Truck. 'A commer- cial or industrial truck having a gross weight of 10,000 pounds or more. Permitted Truck Route. A street or highway that has been desig- nated for use by restricted truck traffic. (2) Restricted trucks operating within the city limits are prohibited from using any street or highway other than a designated per- mitted truck route, unless: (a) A state, county, or city law enforcement officer, acting in their official capacity, directs the operator of the truck to travel on such street or highway. 6:5 Springfield Code . (b) in any case where the place of destination within the city cannot be accessed by travellng solely on the permined truck routes, the mtck. opera- tor may use such streets and highways as arc reasonably necessary to reach and leave that place of destination, provided the operator restricts travel to permined truck routes whenever possi. bk (c) The operator of the restrict- ed truck has recei ved a temporary permit from the depaInl1ent of public works that authorizes the operation of the restricted truck off permitted truck routes. The operator of the truck shal I keep the permit, or a photocopy of the permit, in or on the truck so it is avail- able for inspection upon request. (3) A map showing permitted truck routes is'ohtile in the office of the department of public' \vorks." ... . . (4) .' Any person found guilty of a vio- lation of this section shall be punished in the municipal court by' a fine'of nolmorethan $500. . .<~ 6.255 Public Works Responsible For Supervision. (1) The department of public works shall maintain a map of Springfield's permitted truck routes that is available for public review during city business hours. (2) The department of public works is hereby authorized to install signs on the city's streets/hi ghways that direct restricted trucks regarding permitted truck routes. The signs arc to be installed as the department deter- mines in order to assist truck operators in route selection. (3) The department is authorized to issue pelmits that allow restricted trucks to Opc.Tatt off permitted trUck routes. The per- mits m3Y he revoked at any time the public works director determines that the permit is not warranted or that the heavy truck traffic i~ . causing undue wear or damage to the surface of the street. Removal. 6.305 Police Authority. The police depart- ment is hereby authoriz.ed to remove a vehicle from any street or highway to an auth- orized police garage, city impound lot, other place of safety, or any other location desig- nated by a police officer or patrol community service officer, under circwnstances enumer- ated in sections 6.305 to 6.350. (1) When any vehicle is left unat- tended upon any bridge, viaduct, or elevated strucmre used as a street so as to obstruct traffic. (2) When any vehicle constitutes a hazard, or creates any obstruction to the nor- mal movement of traffic or persons, or to nor- mal parking as provided by law, and the per- son in charge of the vehicle fails or refuses to move it. (3) When a vehicle upon a street or highway is' so disabled as to constinnc an obstruction to traffic and the person or persons in charge of the vehicle are by reason of phys- ical injury or illness incapacitated to such an extent as to be unable to provide [or its cus- todv or removal. . (4) When any vehicle is left unat- tended upon a street and is parked illegally as to constitute a hazard or any obstrUction to th~ nomlal movement of tTafllc, or to normal parking as provided by law. (5) When any vehicle is parked upon any street, highway, or other public way, and any part of the vehicle extends into a portion of the traffic lane or bicycle lane. (6) When any vehicle is parked on any freeway within the city limits during th~ hours of 7:00 :l.m. to 9 a.m. and 4:00 p.m. to 6:00 p.m., or when the vehicle is parked withm 1000 feet of a freeway entrance or exit m~a- sured from where the entrance or exit meets th(; freeway 6:6 . Springfield Code (7) When any vehicle is parked on the street, highway, alley, or other public way for more than 48 consecutive hours. (8) When the vehicle is in a condition that would make it a nuisance vehicle as de- fined in section 6.325. (9) As used in this section, a vehicle that is parked in a designated parking area or temporarily on the shoulder of the highway, if the vehicle is completely off the roadway and is only present for a short period of tim'e for an emergency as indicated by raising the hood, flashing of emergency lights, or utilization of emergency flares or signs, is not considered hazardous or an obstruction. . 6.310 Notice Subsequent to Removal. When an officer or patrol community service officer removes a vehicle from a street as authorized in section 6.305 and knows or is able to ascertain from registration records the name and address of the owner, the department shall within two business days give notice that conforms to applicable provisions of ORS 819.180 and 819.190 via certified mail to the owner and lienholder. 6.315 Charges. Before any motor vehicle is removed from any place of storage, the owner shall pay all applicable charges author- ized by ORS 819.150 and 819.160 including all outstanding citations, charges and costs of towing, seizing, and storage of the vehicle. Payment of the towing and storage charges shall not constitute a penalty or payment of any penalty for violation of any section of this code with which the owner of the vehicle may be charged. 6.320 Sale. If the owner of an impounded and stored vehicle has not claimed the vehicle within 15 days after the date of im- poundment, it may be sold under the provi- sions of this code and Oregon Revised Stat- utes. . 6.325 Nuisance Vehicle--Definition. A vehicle is considered a nuisance vehicle, which is subject to immediate removal by a police officer or patrol community service officer, if it has one or more of the following character- istics, or any other combination of factors that may constitute a nuisance or hazard to the public: . (1) Vehicle is leaking hazardous liquids or materials; (2) Vehicle's engine is partially or fully dismantled, or has no engine; (3) Vehicle is missing drive train com- ponents, the drive train or transmission is pa:ti~lly or fully dismantled, or has no trans- mISSIOn; (4) Vehicle is missing two or more tires, or has two or more deflated tires; - - - (5) Vehicle has an altered or missing vehicle identification number (VIN); (6) Vehicle has broken, shattered, or missing windows where exposed glass is pre- sent; or (7) Vehicle's contents pose a threat to public health and safety. 6.330 Nuisance Vehicles--Prohibited. No person shall park or place a vehicle that is a nuisance vehicle on any street, alley, high- way, or other public way. 6.335 Abandoned Vehicles--Definition. A vehicle is abandoned if it is parked or placed on any street, alley, highway or other public way for a period of more than 48 con- secutive hours. 6.340 Abandoned Vehicles--Prohibited. No person shall abandon a vehicle on the streets, alleys, highways, or other public ways within the city. Movement within a block shall not remove the vehicle from violation. 6:7 . . . Springfield Code 6.345 Abandoned Vehicles--Notice Prior to Removal. An agent of the police de- partment shall place a notice upon a vehicle prior to its removal as abandoned that includes the following information: (1) When the vehicle will be impound- ed if it is not removed from the location. (2) The ordinance or code violated by the vehicle and under which the vehicle will be impounded if it is not removed from viola- tion. (3) The telephone number to call to determine the location of the vehicle if it is impounded. (4) That the vehicle is subject to tow- ing and storage charges and that a lien will attach to the vehicle if it is impounded. (5) That the vehicle will be sold to satisfy the costs of towing and storage if the charges are not paid. (6) That the owner is entitled to a hearing under ORS 819.190 to contest the validity of removal, and towing and storage charges. (7) The time within which the hearing must be requested and the method to request a hearing. 6.350 Exemption: Vehicle Held in a Crim- inal Investigation. A vehicle that is being held as part of any criminal investigation is not subject to any requirements of sections 6.305 through 6.350 unless the criminal invest- igation relates to the theft of the vehicle. BICYCLES 6.405 Racing. No person shall run, engage in, or cause any bicycle race on any street, alley, or public way within the city, except under permit from the chief of police. 6.410 Pedestrians. The operator of a bicycle shall give the right-of-way at all times to a pedestrian proceeding lawfully, regardless of when and where the bicycle is being operat- ed. 6.415 Riding Over Yards, Parkways. No person shall operate or ride a bicycle across, over, or on any yard, lawn, or property owned by another. PARADES 6.505 Definitions. For purposes of sections 6.505 to 6.555, the following mean: Application Fee. A nonrefundable fee required for processing an application for a parade permit. Extraordinary Personnel, Materials and Services Charge. The total costs related to management by the city of the parade that are in excess of ordinary and usual management costs of pedestrian and vehicular traffic and other ordinary public uses. The extraordinary personnel, materials and services charge shall be calculated pursuant to the procedures out- lined in section 6.525. Parade. Any parade, march, foot race or walk, bicycle race or run, ceremony, show, exhibition, pageant or procession of any kind, or any similar display in or upon any street, park or other public place in the city where the activity would result in the obstruction or impeding of ordinary and usual movement of pedestrian or vehicular traffic or in impeding and unduly restricting other ordinary public uses. Parade Permit. A permit required by this code. 6:8 . Springfield Code . 6.510 Permit Required. (1) No person shall engage in, partici- pate in, aid, form or start any parade unless a parade permit is obtained from the chief of police. (2) This section does not apply to: (a) Funeral processions. (b) Students going to and from school classes or participating in educa- tional activities, providing the conduct is under the immediate direction and supervision of the proper school auth- orities. ( c) A governmental agency acting within the scope of its functions. (d) Activities under the aus- pices of, sponsored by, authorized or permitted by a governmental agency to be conducted primarily upon' property under the control of such other govern- mental agency. (3) If the parade is part of or . will include a special event as that term is defined in this code, then a special event permit shall also be required in addition to the parade per- mit. The city may require other permits if the paradeis a part of or will include other activi- ties requiring permits or licenses under the applicable sections of the code. A determina- tion of whether other permits are required shall be made during the review process under sec- tion 6.525. 6.515 Application. (1) Applications for parade permits shall be made in writing to the chief of police on a form supplied by the city at least 30, but not more than 90, business days prior to the intended date of the parade, unless the applica- tion processing interval is increased or waived pursuant to section 6.520. The application shall be submitted with a nonrefundable appli- cation fee of $75.00. The application fee shall be waived by the chief of police for indigent applicants. The chief of police shall require an indigent applicant to sign an oath of indigency . on behalf of the person, firm, partnership, association, corporation, company or organiza- tion of any kind that is applying for the parade permi t. (2) Applications shall include the fol- lowing information: (a) The name, address and telephone number ofthe person respon- sible for the proposed parade; . (b) The date of the proposed parade; (c) The desired route including assembling points; (d) The number of persons, vehicles, and animals that will be par- ticipating in the parade; (e) The proposed starting and ending time; (f) The signature of the person designated as chairperson; (g) Any arrangements the ap- plicant has made with respect to traffic control, parking, fire suppression, rest- rooms, use of city facilities, crowd control and blocking of any streets, alleys or sidewalks; (h) The applicant's arrange- ments for litter control, site cleanup and trash removal; and (i) Whether or not the appli- cant has obtained liability insurance for the event. If such insurance has been obtained, the application shall indicate the policy face amount, the policyhold- er, and all additional insured loss pay- ees. (3) The chief of police may require other information as the chief deems reason- ably necessary to determine that the permit meets the requirements of sections 6.505 to 6.555. 6:9 . Springfield Code . 6.520 Increase or Waiver of Processing Time. The chief of police shall base the decision to waive or increase the applica- tion processing interval on the following cri- teria: (1) Whether the size of the proposed parade is such that additional city resources are required and scheduling of resources requires further time; (2) Whether additional time is needed for parade organizers to inform the public of !he prop~sed parade in order to avoid public mconvemence; (3) Whether additional time is needed to determine whether public safety will be endangered or the general public will be ser- iously inconvenienced by the proposed parade; and (4) Whether additional time is needed to consider an alternate route, time, or date for the proposed parade; and (5) Whether the parade is part of a special event or other activity requiring a per- mit needing a longer processing time for ap- proval. 6.525 Issuance or Denial of Permit. (1) Upon receipt of an application, the chief of police shall review the application, determine the department activity needed for the management of the parade in excess of the ordinary and usual management of pedestrian or vehicular traffic or other ordinary public uses, and shall itemize the projected expenses. In addition, the chief shall route a copy of the application to other affected departments with- in the city, who shall determine and itemize the additional expenses for their respective department activity for the management of the parade. The sum of the police department's and each other affected department's costs will be the extraordinary personnel, materials and services charge. (2) The chief of police shall route a copy of the application to the risk manager, who shall review the application for evidence . of sufficient insurance and shall require addi- tional insurance for the parade as the risk manager determines is reasonable and neces- sary. Parade applicants shall be required to obtain a performance bond or present evidence or surety, indemnity bond or comprehensive liability insurance naming the city of Spring- field as an additional insured. The chief of police, after consultation with the risk manag- er, may waive the insurance requirement for an indigent applicant. (3) The chief shall provide written notice to the applicant, that shall state the amount of the calculated extraordinary person- nel, materials and services charge. The appli- cant shall make arrangements with the finance director for payment of the actual extraordi'- --' nary personnel, materials and services charge . that shall be determined after the parade is conducted. (4) The extraordinary personnel, mate- rials and services charge shall be waived by the chief for indigent applicants. The chief shall require the indigent applicant to sign an oath of indigency. (5) The chief shall issue a parade permit if the chief determines that the parade can be conducted without endangering public safety and without seriously inconveniencing the public. The permit shall be conditioned on the applicant's written agreement to comply with the terms of the permit. No permit shall be issued if the chief finds that: (a) The time, route, and size of the parade will disrupt the movement of other traffic to an unreasonable extent. (b) The parade is of a size or nature that requires the diversion of so many law enforcement officers to prop- erly police the line of movement and contiguous areas that allowing the parade would deny reasonable law enforcement protection to the city. 6:10 . Springfield Code . (c) The parade will interfere with another parade or other activity for which a permit has been issued. (d) Information in the applica- tion is found to be false or a material detail is omitted. (e) The applicant refuses to agree to abide by or comply with all conditions of the permit. (6) If the chief determines that the parade as requested cannot be conducted with- out seriously inconveniencing the public, the chief may issue the permit with approval of a different route, time, or date. (7) Unless the application processing time is increased or waived pursuant to section 6.520, the chief shall notify the applicant of the decision within 10 business days of receipt of the application. If the chief refuses to issue a parade permit as requested, the chief shall issue written findings specifying the reasons for the decision and furnish those findings to t~e applicant with the notification of the deci- SIOn. 6.530 Save Harmless Agreement. Every applicant, including indigent applicants, shall be required to provide a save and hold harmless agreement on a form supplied by the chief of police in which the applicant agrees to defend, pay, save and hold harmless the city, its officers and employees, from any and all claims or lawsuits for personal injury or prop- erty damage arising from or in any way con- nected to the parade, excepting any claims arising solely out of the negligent acts of the city, its officers and employees. 6.535 Limitation of Liability. Sections 6.505 to 6.555 shall not be construed as imposing upon the city, its officials or employ- ees any liability or responsibility for any injury or damage to any person in any way connected to the use for which permits have been issued. The city, its officials and employees shall not be deemed to have assumed any liability or . responsibility by reasons of inspections per- formed, the issuance of any permit, or the approval of any use of the right-of-way. 6.540 Public Announcements Required. The chief of police may require the applicant to specifically inform private proper- ty and business owners who might be incon- venienced or affected by the parade. The chief may also require the applicant to publish an- nouncements of the parade prior to the event. All costs associated with informing and an- nouncing the parade shall be paid by the appli- cant at no cost to the city. 6.545 Sanitation and Clean-up. A parade permit may be issued only after ade- quate waste disposal and sanitation facilities have been identified and obtained by the appli- cant. The applicant will clean the right-of-way of rubbish and debris, returning it to its pre- event condition, within 24 hours of the conclu- sion of the event. If the applicant fails to clean up the refuse, the clean up shall be ar- ranged by the city and the costs charged to the applicant. The costs will be in addition to the amount of the extraordinary personnel, mater- ials and services charge. 6.550 Parade Permit Revocation. (1) The chief of police may revoke a parade permit at any time after the permit has been issued, including but not limited to dur- ing the parade, if: (a) An imminent threat of violence or personal injury to the pa- rade participants exists, all reasonable efforts to protect the parade partici- pants have failed, and a request to disband the parade made to the parade organizers has been refused; (b) Actual violence has been caused by the parade organizers; 6: 11 . . . Springfield Code (c) Actual violence that endan- gers public safety has been caused by parade participants and public safety is at risk unless the permit is revoked; or (d) There is significant devia- tion from the route designated in the application or approval, or there is assembly at points not shown in the application or approval that occurs without approval of the police officer in charge of the parade escort. (2) There shall be no appeal of a revo- cation made during a parade. 6.555 Appeal Procedure. If the chief of po- lice proposes alternatives, refuses to issue a permit, or revokes a permit prior to the parade, the applicant shall have the right to ap- peal the decision to the city council. The council shall set a hearing date within 15 days of receiving the appeal request. At the hearing the applicant is entitled to be heard and present evidence on their behalf. The council shall determine whether the denial or revocation of the permit shall be upheld. 6:12