Ordinance

ORDINANCE NO. ____

AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE RELATING TO REGULATIONS FOR PARADES AND PUBLIC ASSEMBLIES; REPEALING CHAPTER 11.40 OF THE ASHLAND MUNICIPAL CODE.


Recital:

A. It is the policy of the City of Ashland that constitutional rights of assembly and expression be protected while the safety of participants and others be maintained and inconvenience to the general public and disruption of public services should be minimized.

B. In order to regulate competing uses of public forums and to provide City officials specific and objective standards for issuance of permits, a more comprehensive permit scheme for parades and public assemblies shall be adopted.

C. The City of Ashland has a significant governmental interest in protecting the health, safety and welfare of the general public and preserving the public order while preserving traditional public forums, especially those activities that do not interfere with the normal flow of vehicular and pedestrian traffic.

D. The City of Ashland has a significant governmental interest in maintaining the free flow of traffic on public streets and sidewalks, preserving access to public places and buildings and protecting public and private property.


THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:

Section 1. Ashland Municipal Code Chapter 11.40 is repealed in its entirety and adopted to read as follows:

Chapter 11.40

PARADES AND PUBLIC ASSEMBLIES

Sections:
11.40.010 Definitions.
11.40.020 Parade or Public Assembly--Permit Required.
11.40.030 Exceptions.
11.40.040 Application.
11.40.050 Police Protection.
11.40.060 Standards for Issuance.
11.40.070 Non-discrimination.
11.40.080 Notice of Denial of Application.
11.40.090 Appeal Procedure.
11.40.100 Notice to City and Other Officials.
11.40.110 Contents of Permit.
11.40.120 Offenses Against Parades or Public Assemblies.
11.40.130 Revocation of Permit.

SECTION 11.40.010 Definitions.

A. "Chief of Police" means the Chief of Police or his/her designee.

B. "Parade" means any march, demonstration, procession or motorcade consisting of persons, animals, or vehicles or a combination thereof upon the streets, parks, sidewalks or other public grounds within the City that reroutes the normal flow or regulation of pedestrian or vehicular traffic upon the streets and sidewalks.

C. "Parade or public assembly permit" means a permit as required by this chapter.

D. "Person" means any person, group, firm, partnership, association, corporation, company or organization of any kind.

E. "Public assembly" means any meeting, demonstration, picket line, rally, race, festival or gathering of fifty (50) or more persons for a common purpose as a result of prior planning that occurs upon the streets, parks, sidewalks or other public grounds.

F. "Sidewalk" is an area or way set aside or open to the general public for purposes of pedestrian traffic, whether or not it is paved.

G. "Street" is any place or way set aside or open to the general public for purposes of vehicular traffic, including any alley, parkrow, right of way, or median strip thereof.

SECTION 11.40.020 Parade or Public Assembly--Permit Required.
No person shall engage in or conduct any parade or public assembly as defined in this chapter, unless a permit is issued by the Chief of Police and approved by the City Administrator or his or her designee or such activity is an exception identified in Section 11.40.030. A violation of this section is an infraction subject to the penalties imposed in Section 1.08.020 of the Ashland Municipal Code.

SECTION 11.40.030 Exceptions.
This chapter shall not apply to the following:

A. 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;

B. A governmental agency acting within the scope of its functions;

C. Spontaneous events occasioned by news or affairs coming into public knowledge within two (2) days of such parade or public assembly, provided that the organizer thereof gives written notice to the City at least twenty-four (24) hours prior to such parade or public assembly;

D. Parades and public assemblies, where it is reasonably anticipated that fewer than fifty (50) persons will participate in the parade or public assembly, that take place on public sidewalks and will not prevent other pedestrians from using the sidewalks;

E. It is reasonably anticipated that fewer than fifty (50) persons will participate in the parade or public assembly, and the parade or public assembly will not occur on the street.

SECTION 11.40.040 Application.

A. A person seeking a parade or public assembly permit shall file an application with the Ashland Police Department on forms provided by such officer, and the application shall be signed by the applicant.

B. For single, non-recurring parades or public assemblies, an application for a permit shall be filed with the Chief of Police at least thirty (30) and not more than one hundred eighty (180) days before the parade or public assembly is proposed to commence. The Chief of Police shall waive the minimum thirty (30) day filing period and accept an application filed within a shorter periods if, after due consideration of the date, time, place, and nature of the parade or public assembly, the anticipated number of participants, and the City services required in connection with the event, unless the Chief of Police determines that the waiver will present a clear and present danger of disruption of the normal flow and regulation of pedestrian or vehicular traffic on streets and sidewalks.

C. For parades or public assemblies held on a regular or recurring basis at the same location, an application for a permit covering all such parades or assemblies during that calendar year may be filed with the Chief of Police at least sixty (60) and not more than one hundred eighty (180) days before the date and time at which the first such parade or public assembly is proposed to commence. The Chief of Police may waive the minimum sixty (60) day period after due consideration of the factors specified in subsection (B) above. The Chief of Police may set aside certain dates and locations of certain historically reoccurring parades for which other applicants may be denied, including, but not limited to, the Chamber of Commerce sponsored parades, which include the 4th of July parade, the Children's Halloween parade, and the Festival of Lights parade.

D. The application for a parade or public assembly permit shall set forth the following information:

1. The name, address and telephone number of the person seeking to conduct such parade or public assembly;

2. The requested date of the parade or public assembly;

3. The route to be traveled, if applicable, including the starting point and the termination point;

4. The approximate number of persons who, and animals and vehicles which will, constitute such parade or public assembly and the type of animals and the description of the vehicles;

5. The hours when such parade or public assembly will start and terminate;

6. A statement as to whether the parade or public assembly will occupy all or only a portion of the width of the streets proposed to be traversed;

7. The location by street of any assembly areas for such parade or public assembly;

8. The time at which units of the parade or public assembly will begin to assemble at any such area;

9. If the parade or public assembly is designed to be held by, or on behalf of, any person other than the applicant, the applicant for such permit shall file a letter from that person with the Chief of Police authorizing the applicant to apply for the permit on his/her behalf;

10. The type of public assembly, including a general description of activities planned during the event;

11. The approximate number of participants (spectators are by definition not participants);

12. A designation of any public facilities or equipment to be utilized; and

13. A signed agreement of the parade organizers that they will ensure the parade participants will comply with the parade rules as listed on the parade permit application form.

SECTION 11.40.050 Police Protection.

A. The Chief of Police shall determine whether and to what extent additional police protection is reasonably necessary for the parade or public assembly for traffic control and public safety. The Chief of Police shall base this decision on the size, location, duration, time and date of the event, the expected sale or service of alcoholic beverages (if allowed), the number of streets and intersections blocked, and the need to detour or preempt travel and use of the streets and sidewalks. The speech content of the event shall not be a factor in determining the amount of police protection necessary, unless the Chief of Police in his or her discretion determines additional resources are necessary, and, provided that no disruption of ordinary police services or compromise of public safety will occur, regularly scheduled on-duty personnel will police the event.

SECTION 11.40.060 Standards for Issuance.

A. The Chief of Police shall issue a permit as provided herein when, from a consideration of the application and from such other information as may otherwise be obtained, he/she finds that:

1. A completed and signed parade permit is submitted;

2. The concentration of persons, animals, and vehicles at public assembly points of the parade or public assembly will not block the entry and exit areas of City Fire & Rescue and Police stations;

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

4. No parade or public assembly permit application for the same time and location is already granted or has been received and will be granted unless multiple applicants can be reasonably accommodated concurrently.

Section 11.40.070 Non-Discrimination.
The Chief of Police shall uniformly consider each application upon its merits and shall not discriminate in granting or denying permits under this chapter based upon political, religious, ethnic, racial, disability, sexual orientation or gender-related grounds. An application for a parade or public assembly permit shall not be denied because the applicant's message is controversial or likely to incite counter-demonstrations or non-participant resistance, unless the Chief of Police has reasonable grounds to believe the preservation of life or property is at jeopardy.

Section 11.40.080 Notice of Denial of Application.
The Chief of Police shall act promptly upon a timely filed application for a parade or public assembly permit granting or denying a permit within seven calendar days of receipt of the application. If the Chief of Police denies the application, he/she shall notify the applicant either by personal delivery or certified mail no later than two business days from the date of his/her denial and state the reasons for the denial and shall recommend to the applicant reasonable time, place and manner changes to the application that would satisfy an approval of the application.

Section 11.40.090 Appeal Procedure.

A. Any applicant shall have the right to appeal the denial of a parade or public assembly permit to the City Council. The denied applicant shall make the appeal within five (5) days after receipt of the denial by filing a written notice with the Chief of Police and a copy of the notice with the City Recorder. The City Council shall act upon the appeal at the next scheduled meeting following receipt of the notice of appeal.

B. In the event that the City Council rejects an applicant's appeal, the applicant may file an immediate request for review with a court of competent jurisdiction.

Section 11.40.100 Notice to City and Other Officials.
Immediately upon the issuance of a parade or public assembly permit, the Chief of Police shall send a copy thereof to the following:

A. The City Administrator;

B. City Department Heads;

C. The manager or responsible head of each public transportation utility, the regular routes of whose vehicles will be affected by the route of the proposed parade or public assembly; and

D. The responsible head of the Oregon Department of Transportation if such event will occur on property or right-of-way under the jurisdiction of the Oregon Department of Transportation.

Section 11.40.110 Contents of Permit.
Each parade or public assembly permit shall state and include the following information:

A. Starting and approximate ending time;

B. Minimum speed of parade units;

C. Maximum speed of parade units;

D. The portions of the streets that may be occupied by the parade or public assembly;

E. Proof of liability insurance covering the event that is equal to or greater than the limits for claims made under the Oregon Tort Claims Act, ORS 30.260-270, or at an amount appropriate for the type of event to occur, as determined by the Chief of Police.

F. A written agreement to defend, indemnify and save the city and its agents, officers or employees harmless for any and all claims, actions, costs, judgments, damages, or other expenses resulting from injury to any person or damage to property arising from the issuance of a permit, as set forth in the parade permit application form.

Section 11.40.120 Offenses Against Parades or Public Assemblies

A. The Permitee shall have exclusive right to use the designated areas at the designated times as identified in the permit. No person shall unreasonably hamper, obstruct or impeded, or interfere with any parade or public assembly or any person, vehicle or animal participating in a parade or public assembly. A violation of this subsection is an infraction subject to the penalties imposed in Section 1.08.020 of the Ashland Municipal Code.

B. No person shall operate a vehicle that is not part of a parade between the vehicles or persons comprising a parade or public assembly when such vehicles or persons are in motion and are conspicuously designated as a parade or public assembly. A violation of this subsection is an infraction subject to the penalties imposed in Section 1.08.020 of the Ashland Municipal Code.

C. The Chief of Police shall have authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a street constituting a part of the route of a public parade or public assembly. The Chief of Police shall post signs to that effect, and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof. No person shall be liable for parking on a street unposted in violation of this section.

Section 11.40.130 Revocation of Permit
The Chief of Police shall have authority to revoke a parade or public assembly permit instantly upon violation of the conditions or standards of issuance as set forth in this chapter.

The foregoing ordinance was first read on the ____ day of ______, 2006, and duly PASSED and ADOPTED this ____ day of _______, 2006.
Barbara M. Christensen, City Recorder

SIGNED and APPROVED this ____ day of _______, 2006.
John W. Morrison, Mayor

Reviewed as to form:
Michael Franell, City Attorney


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