HomeMy WebLinkAboutOrdinance 5766 11/21/1994
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ORDINANCE NO.
5766
(GENERAL)
AN ORDINANCE AMENDING ARTICLE 2 "PARADES" OF CHAPTER VI "TRAFFIC"
SECTIONS 6-2-1, 6-2-2-, 6-2-3, 6-2-4, 6-2-5, 6-2-6, 6-2-7, 6-2-8,
6-2-9, 6-2-10 and 6-2-11 OF THE SPRINGFIELD CODE PERTAINING TO
PARADES.
THE CITY OF SPRINGFIELD, OREGON DOES ORDAIN AS FOLLOWS:
Article 2 "Parades", Chapter VI "Traffic", sections 6-2-1,
6-2-2-, 6-2-3, 6-2-4, 6-2-5, 6-2-6, 6-2-7, 6-2-8, 6-2-9, 6-2-10
and 6-2-11 is hereby amended as follows:
"6-2-1 Definitions.
(1) "Parade" is 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.
(2) "Parade Permit" is a permit required by this code.
(3) "Person" is any person, firm, partnership,
association, corporation, company or organization of any
kind.
(4) "Application Fee" is a nonrefundable fee required for
the processing of an application for a parade permit.
(5) "Extra-ordinary personnel, materials and services
charge" is the sum total of the costs related to the
management by the City of Springfield of the parade that
are in excess of the management costs of the City of the
ordinary and usual movement of pedestrian or vehicular
traffic and other ordinary public uses. The extra-ordinary
personnel, materials and services charge does not include
the nonrefundable application fee. The extra-ordinary
personnel, materials and services charge shall be
calculated pursuant to the procedures outlined in section
6-2-5.
6-2-2 Permit Required.
(1) No person shall engage in, participate in, aid, form
or start any parade unless a parade permit shall have been
obtained from the Chief of Police.
Ordinance - Traffic/Article 2. Parades - 1 -
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(2) This section shall not apply to:
(a) Funeral processions.
(b) Students going to and from school classes or
participating in educational activities, providing such
conduct is under the immediate direction and supervision of
the proper school authorities.
(c) A governmental agency acting within the scope of
its functions.
(d) Activities under the auspices of, sponsored by,
authorized or permitted by another governmental agency to
be conducted primarily upon property under the control of
such other governmental agency.
(3) If the parade is part of or will include a special
event as that term is defined at section 8-8-1 of the
Springfield Code, then a special event permit shall also be
required in addition to the parade permit. The City may
require other permits if the parade is a part of or will
include other activities requiring permits or licenses
under the applicable sections of the Springfield Code. A
determination of whether other permits are required shall
be made during the review process under section 6-2-5.
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6-2-3 Application.
(1) Applications for parade permits shall be made in
writing to the Chief of Police on a form supplied by the
City of Springfield at least ten business days prior to
the intended time of the parade, unless such application
processing interval is increased or waived pursuant to
section 6-2-4. The application shall be submitted with a
nonrefundable application 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 organization of any kind that is applying for
the parade permit.
(2) Applications shall include the following information:
(a) The name, address, an~telephone number of the
person responsible for the proposed parade;
(b) The date of the proposed parade;
(c) The desired route including assembling points;
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(d) The number of persons, vehicles, and animals
which will be participating in the parade;
Ordinance - Traffic/Article 2. Parades - 2 -
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(e) The proposed starting and ending time;
(f) The signature of the person designated as
chairperson;
(g) Any arrangements which the applicant has made
with respect to traffic control, parking, fire suppression,
restrooms, use of City facilities, crowd control and
blocking of any streets, alleys or sidewalks;
(h) The applicant's arrangements for litter control,
site cleanup and trash removal; and
(i) Whether or not the applicant has obtained
liability insurance for the event. If such insurance has
been obtained, the application shall indicate the policy
face amount, the policyholder(s), and all additional
insured and loss payees.
(3) The Chief of Police may require such other information
as the Chief of Police deems reasonably necessary to
determine that the permit meets the requirements of this
Article.
6-2-4 Increase or Waiver of processinq Time.
(1) The Chief of Police shall base his or her decision to
waive or increase the application processing interval on
the following criteria:
(a) Whether the size of the proposed parade is such
that additional city resources are required and scheduling
of the allocation of such resources requires further time;
(b) Whether additional time is needed for parade
organizers to inform the public of the proposed parade in
order to avoid public inconvenience;
(c) Whether additional time is needed to determine
whether public safety will be endangered or the general
public will be seriously inconvenienced by the proposed
parade; and
(d) Whether additional time is needed to consider an
alternate route, time, or date for the proposed parade.
(e) Whether the parade is part of a special event or
other activity requiring a permit needing a longer
processing time for approval.
6-2-5 Review/Cost Analysis/Insurance and Issuance or Denial
of Permit.
(1) Upon receipt of an application, the Chief of Police
Ordinance - Traffic/Article 2. Parades - 3 -
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shall review the application, determine the departmental
activity that will be needed for the management of the
parade in excess of the management of the ordinary and
usual movement of pedestrian or vehicular traffic or other
ordinary public uses, and shall itemize the projected
expenses. In addition, the Chief of Police shall route a
copy of the application to other affected departments
within the city, which departments shall determine and
itemize the additional expenses to the City for their
respective departmental activity for the management of the
parade. The sum of the police department's and each other
affected department's costs will be the extra-ordinary
personnel, materials and services charge.
(a) 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 insurance or additional insurance for the parade as
the Risk Manager determines is reasonable and necessary.
Parade applicants shall be required to obtain a performance
bond or present evidence of surety, indemnity bond or
comprehensive liability insurance naming the City of
Springfield as an additional insured. The Chief of Police,
after 'consultation with the Risk Manager, may waive the
insurance requirement for an indigent applicant.
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(b) The Chief of Police shall provide written notice
to the applicant, which notice shall state the amount of
the calculated extra-ordinary personnel, materials and
services charge. The applicant shall make arrangements
with the Finance Director for payment of the actual
extra-ordinary personnel, materials and services charge,
which actual charge shall be determined after the parade is
conducted.
(c)
services
indigent
indigent
The extra-ordinary personnel, materials and
charge shall be waived by the Chief of Police for
applicants. The Chief of Police shall require the
applicant to sign an oath of indigency.
(2) The Chief of Police shall issue a parade permit if the
Chief of Police determines that the parade can be conducted
without endangering public safety and without seriously
inconveniencing the general 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 of Police finds that:
(a) The time, route and size of the parade will
disrupt the movement of other traffic to an unreasonable
extent.
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(b) The parade is of a size or nature that requires
the diversion of so great a number of law enforcement
Ordinance - Traffic/Article 2. Parades - 4 -
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officers to properly police the line of movement and
contiguous areas that allowing the parade would deny
reasonable law enforcement protection to the city.
(c) The parade will interfere with another parade or
other activity for which a permit has been issued.
(d) Information in the application 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.
(3) If the Chief of Police determines that the parade as
requested cannot be conducted without seriously
inconveniencing the general public, he or she may issue the
permit with approval of a different route, time, or date.
(4) Unless the application processing time is increased or
waived pursuant to section 6-2-4, the Chief of Police shall
notify the applicant of his or her decision within ten
business days of receipt of the application. If the Chief
of Police refuses to issue a parade permit as requested, he
or she shall issue written findings specifying the reasons
for the decision and furnish those findings to the
applicant with the notification of the decision.
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6-2-6 Save Harmless Aqreement. 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 lawsui~s for personal
injury or property damage arising from or in any way
connected to the parade; excepting any claims arising
solely out of the negligent acts of the City, its officers
and employees.
6-2-7 Limitation of Liability. This article shall not be
construed as imposing upon the City or its officials or
employees any liability or responsibility for any injury or
damage to any person in any way connected to the use for
which permits has been issued. The City and its officials
and employees shall not be deemed to have assumed any
liability or responsibility by reasons of inspections
performed, the issuance of any permit, or the approval of
any use of the right-of-way.
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6-2-8 Public Announcements Required. The Chief of Police
may require the applicant to specifically inform private
property and business owners who might be inconvenienced or
affected by the parade. The Chief of Police may also
require the applicant to pUblish announcements of the
parade prior to the event. All costs associated with
Ordinance - Traffic/Article 2. Parades - 5 -
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informing and announcing the special event shall be paid by
the applicant at no cost to the city.
6-2-9 Sanitation and Clean-up. A parade permit may be
issued only after adequate waste disposal facilities have
been identified and obtained by the applicant. The
applicant will clean the right-of-way of rubbish and
debris, returning it to its pre-event condition, within 24
hours of the conclusion of the event. If the applicant
fails to clean up such refuse, such clean up shall be
arranged by the City and the costs charged to the
applicant. Such costs will be in addition to the amount of
the extra-ordinary personnel, materials and services
charge.
6-2-10 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 during the parade, if:
(a) An imminent threat of violence and personal
injur.y to the parade participants exists, all reasonable
efforts to protect the parade participants 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;
(c) Actual violence that endangers public safety has
been caused by parade participants and public safety is at
risk unless t~e permit is revoked; or
(d) There is a significant deviation from the route
designated in the application or approval, or assembly at
points not shown in the application or approval, which
occurs without approval of the police officer in charge of
the parade escort.
(2) There shall be no appeal of a revocation made during a
parade.
6-2-11 Appeal Procedure. If the Chief of Police proposes
alternatives, refuses to issue a permit, or revokes a
permit prior to the parade, the applicant shall have the
right to appeal the decision to the city Council. The City
Council shall set a hearing date within fifteen days of
receiving such appeal request. At such hearing the
applicant is entitled to be heard and present evidence in
his or her behalf. The City Council shall determine
Ordinance - Traffic/Article 2. Parades - 6 -
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whether the denial or revocation of the permit shall be
upheld."
ADOPTED by the Common Council of the city of Springfield vote
of 6 in favor and 0 against this 21st of
November , 1994.
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City Recorder
REV!E\~fD GY
CITY Of SPRINGFIELD
RISK MANAGEMENT
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