HomeMy WebLinkAbout09111As Amended
March 27, 2017
ORDINANCE NO. 9111
AN ORDINANCE AMENDING TITLE XV, CHAPTER 1,
SECTION 8(a)(14) OF THE PUEBLO MUNICIPAL CODE
RELATING TO PERMITS REQUIRED FOR PARADES AND
RACES
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate
matter being deleted, underscoring indicates new matter being added)
SECTION 1.
Title XV, Chapter 1 of the Pueblo Municipal Code is hereby modified by amending
Section 8(a)(14) to read as follows:
Sec. 15-1-8. – Amendments and additions.
(a) The following parts, sections or subsections of Article I of said Model
. . .
Traffic Code are hereby repealed, added or amended to read as follows:
(14) Part 13, Parades and Funerals.
PART 13 PARADES AND FUNERALS
1301. Permits required for parades and races; conduct.
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(1) No person shall engage in, participate in, aid, form or start any
parade, marathon, foot race, bicycle race, walkathon or any other event
which may create similar safety hazards or hinder or impede the general
use of streets, sidewalks and intersections unless a parade permit shall
have been first obtained from the chief of police.
(2) Any person seeking issuance of a parade permit shall file an
application for said permit with the chief of police not less than five days
prior to the date of the proposed parade and shall pay an application fee of
twenty-five dollars at the time of filing.
(3) The chief of police shall issue a parade permit when, from a
consideration of the application, he finds that:
(a) The conduct of the parade, marathon, foot race, bicycle
race, walkathon or other event will not substantially interrupt the safe
and orderly movement of other traffic contiguous of its route;
(b) The conduct of the event 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;
(c) The concentration of persons, animals and vehicles at
assembly points of the event will not unduly interfere with proper fire
and police protection of or ambulance service to, areas contiguous
to such assembly areas;
(d) The conduct of such event will not interfere with the
movement of firefighting equipment en route to a fire;
(e) The conduct of the event is not reasonably likely to
cause injury to persons or property, to provoke disorderly conduct or
create a disturbance;
(f) The event is not to be held for the sole purpose of
advertising any product or goods.
(4) If the chief of police disapproves the application, he shall notify
the applicant in writing within two days from the date when the application
was filed. Said notice shall state the reasons for the denial of the permit.
Any person aggrieved shall have the right to appeal the denial of a parade
permit to the city council within ten days after the notice of denial is received.
(5) The applicant hereunder shall comply with all permit
conditions and with the applicable laws and ordinances and shall carry the
parade permit upon his person during the conduct of the event.
(6) No person who is not a participant in the event shall
intentionally by physical conduct obstruct or hinder the line of movement of
the event or create or maintain an unreasonable risk to the safety of persons
or property. The following conduct is expressly prohibited and shall be
presumed to create an unreasonable risk to the safety of persons or
property:
(a) Throwing objects or projectiles at parade participants
or into the line of movement of the parade or event;
(b) Use or possession of fireworks, sparklers, cap guns,
explosives, toy cannons, bullhorns or other loud noisemaking
devices, whether otherwise lawful or not, within, along, adjacent to
or in the vicinity of the parade route during any event in which horses
or other animals are used in the event or are otherwise present.
(c) Driving any vehicle into or across the line of movement
of the event unless authorized or directed to do so by the holder of
the parade permit or his agent or by a peace officer.
(d) Breaking or crossing any police line or barricade unless
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authorized to do so by a peace officer."
Subsection 1301-1. Definitions.
For this subsection 1301, the following definitions shall apply,
unless the context clearly indicates otherwise:
shall mean the chief of police of the Pueblo
Chief of police
Police Department or his designated representative.
shall mean the city manager of the City of Pueblo
City manager
or his designated representative.
shall mean all expressive and
First Amendment activity
associative activity that is protected by the United States and
Colorado Constitutions, including speech, press, assembly, and the
right to petition, but not including commercial advertising.
shall mean a parade, the sole or
First Amendment parade
principal object of which is First Amendment activity.
shall mean a parade the sole or
Non-First Amendment parade
principal object of which is not First Amendment activity.
shall mean to arrange systematically as an individual
Organize
or with a committee or group for harmonious or united action.
shall mean a person issued a parade permit
Permit holder
pursuant to the article.
shall mean a group of persons moving along, by
Parade
whatever means, in an orderly, formal manner on any street, alley, or
public thoroughfare from a point of origin to a point of termination or
a group of persons moving along, by whatever means, in an orderly,
formal manner anywhere else in the city from a point of origin to a
point of termination in such a way as to impede the normal flow or
regulation of pedestrian or vehicular traffic.
shall mean the parade permit required by this
Parade permit
subsection.
shall mean any vehicle, animal or object used to
Parade unit
transport a person who is participating in a parade.
shall mean certified peace officers or
Traffic control personnel
other persons assigned by the chief of police engaged to provide
control of the flow of both non-participant and participant pedestrians
and vehicles so as to minimize the traffic congestion and to maintain
traffic flow at permitted events.
Subsection 1301 – 2 Permit required.
No person shall organize any parade without having first
obtained a parade permit.
Subsection 1301 – 3 Exceptions to application.
This subsection shall not apply to:
(1) The movement of persons in an orderly, formal
manner from a point of origin to a point of termination on a
sidewalk, so long as the movement does not impede the normal
flow of pedestrian or vehicular traffic; or
(2) A public assemblage that does not involve the
movement of persons in an orderly, formal manner from a point
of origin to a point of termination.
Subsection 1301 – 4 Application for permit.
(a) A person seeking issuance of a parade permit shall file
an application with the chief of police on forms provided by such
officer.
(b) First Amendment parade permits.
(1) An application for a First Amendment parade
permit shall be filed with the chief of police not less than thirty
(30) calendar days nor more than one hundred fifty (150)
calendar days before the proposed parade date;
(2) Where the planning and organization of a First
Amendment parade, however, begins within thirty (30) calendar
days of the proposed parade date, an application for a First
Amendment parade permit shall be filed with the chief of police
within three (3) calendar days of the date on which planning and
organization of the parade begins, but not less than one (1)
calendar day before the proposed parade date.
(3) The chief of police, may consider a First
Amendment application filed less than thirty (30) calendar days,
but not less than one (1) calendar day before the proposed
parade date so long as there is adequate time for the Pueblo
Police Department to process the application and plan for the
parade.
(c) Non-First Amendment parade.
(1) An application for a non-First Amendment parade
permit shall be filed with the chief of police not less than forty-
five (45) calendar days nor more than one hundred fifty (150)
calendar days before the proposed parade date.
(2) The chief of police may consider a non-First
Amendment parade application filed less than forty-five (45)
calendar days before the proposed parade date, but not less
than thirty (30) calendar days, before the proposed parade date
so long as there is adequate time for the Pueblo Police
Department to process the application and plan for the parade.
(d) The permit holder for a parade actually held during a prior
year may receive advance approval of the route, date, and time not
more than thirteen (13) months in advance of the scheduled date of
the parade. The chief of police may give advance approval after
receiving a written request from a permit holder. The permit holder
shall receive the right of first refusal as to the route, date, and time of
the parade that may be exercised until ninety (90) calendar days prior
to the approved date of the parade.
(e) The application shall include the following:
(1) The name, address, and telephone number of the
person seeking to conduct the parade;
(2) Where the parade is to be held for or by an entity,
rather than an individual, the name, address, telephone number
of the entity and the name, address, and telephone number of
the head of the entity;
(3) Where the parade is to be held by or for any person
other than the applicant, documentation evidencing authority to
make the application;
(4) The name, address, and telephone number of the
person who will be the parade chairman and who will be
responsible for its conduct;
(5) The date the parade will be conducted;
(6) The location of the assembly area, the starting
point of the parade, the route of the parade, the ending point of
the parade, and the location of the disbanding area;
(7) The approximate number of persons who will
participate in the parade;
(8) The approximate number of parade units that will
be included in the parade and a description of those parade
units;
(9) The approximate number of animals and the type
of animals that will be included in the parade;
(10) The time when the parade will begin and end;
(11) A statement as to whether the parade will occupy
all or only a portion of the width of the streets proposed to be
used;
(12) The time at which units of the parade will arrive at
the assembly area;
(13) The purpose of the parade;
(14) Any other information which the chief of police
finds necessary to an evaluation of the request under the
standards for issuance set forth in Subsection 1301 – 5.
(f) The application shall be accompanied by a fee of seventy-
five dollars ($75.00). In the event the organizers of an event cannot
provide payment with the application, an organizer may submit an
affidavit attesting that he or she will provide payment within fifteen
(15) business days of the date of the submission of the application.
Failure to provide payment will trigger the surety bond requirement in
Subsection 1301 – 7 for future parade events by the organizers and
the organizer signing the affidavit shall become personally
responsible for payment. The application fee shall be waived by the
chief of police upon receipt of a verified statement from the permit
holder that the parade’s purpose is First Amendment expression and
that the payment of the application fee is so financially burdensome
that it would constitute an unreasonable restraint on the right of First
Amendment expression.
Subsection 1301 – 5. Standards for issuance.
The chief of police shall uniformly treat each application in a
just, fair, and nondiscriminatory manner bearing in mind that the time,
place, duration, and manner of use of the public street, parks, and
other public ways and places for parades shall be subordinated to the
public safety, comfort and convenience, the maintenance of order, and
avoidance of congestion. The chief of police shall issue a permit
when, from a consideration of the application, he finds that:
(1) The conduct of the parade will not substantially
interrupt the safe and orderly movement of other traffic near 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 near there
as to prevent normal police protection of 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 near
there;
(4) The concentration of persons, animals and parade
units at assembly and disbanding points of the parade will not
unduly interfere with proper fire and police protection of, or
ambulance service to, areas near such assembly or disbanding
areas;
(5) The conduct of such parade will not interfere with
the movement of fire fighting equipment en route to a fire;
(6) The parade is scheduled to move from its point of
origin to its point of termination without unreasonable delays
en route;
(7) The applicant has fulfilled the requirements of this
subsection; and
(8) The event does not conflict with a previously
scheduled event that is scheduled to:
a. Occur at the same time and place; or
b. Occur at the same time, though at a different
location or along a route that crosses over
or conflicts with previously scheduled
events.
Subsection 1301 – 6. Notice of rejection; appeal.
The chief of police shall act upon the application for a
First Amendment parade permit within five (5) calendar days
after it has been filed. If an application for a First Amendment
parade permit has been filed under subsections 1301 – 4(b)(2)
or (3), or under 1301 – 4 (c)(2) for an event which will take place
within five (5) days of the submission of the application, the
chief of police shall act upon the application as soon as is
practicably possible. The chief of police shall act upon the
application for a non-First Amendment parade permit within
thirty (30) calendar days after it has been filed. If the chief of
police does not approve any application for a parade permit, he
shall immediately mail, by certified mail/return receipt
requested, to the applicant, a notice of his action, stating the
reason for his denial of a permit. The applicant shall have the
right to appeal a denial of a parade permit to the city manager
by filing notice of appeal with the city clerk, within seven (7)
calendar days after receipt of the notice provided above. The
appeal shall be heard within ten (10) calendar days of the filing
of the appeal by the city manager or the manager’s designee.
For denials of First Amendment parade permits, the city
manager or his designee shall hear the appeal as soon as
practicable. The decision of the city manager or his or her
designee is final.
Subsection 1301 – 7. Duties of and costs to be paid by
permit holder.
(a) Each permit holder shall comply with all
requirements of this subsection, the permit directions and
conditions, and with all applicable laws and ordinances.
(b) Each permit holder is responsible for the costs of:
(1) Providing traffic control devices for the
parade route;
(2) Providing traffic control personnel, whether
on duty or on overtime, for the parade route; and
(3) Cleaning up the parade route.
(c) In reviewing the application for parade permit, the
chief of police or his or her designee shall determine the
number of traffic control personnel and traffic control devices
reasonably necessary to control traffic in the area of the
requested parade. The chief or designee will consider the
following factors and identify the effect of each factor in
assessing the estimated traffic control costs:
(1) The route and the identification of roadways
that cross through or feed into the street of the proposed
route;
(2) The number of anticipated participants and
vehicles in the event;
(3) Identification of other roadways, or public
transportation and emergency vehicle routes that may be
affected by the event;
(4) Length of the route and the identification of
the number of intersections along the route that will
require barricades or traffic control personnel;
(5) Whether intersections must be individually
barricaded or whether traffic control personnel can be
assigned to move along with the event;
(6) The date and time of the event;
(7) Volume of vehicular and pedestrian traffic
typical on and along the route for the time of day, day of
the week and time of year for the proposed route.
The cost for each city police department officer shall be
set in accordance with the collective bargaining agreement.
The cost for traffic control devices will be set in accordance with
the prices set in the city’s annual contract for traffic control
devices. The permittee may choose to contract directly with a
traffic control provider.
For First Amendment events, the city shall absorb the cost of
the traffic control devices and traffic control personnel costs upon
receipt of a verified statement of the permit holder that the parade’s
purpose is First Amendment expression and that the payment of the
cost of the traffic control devices and traffic control personnel costs
is so financially burdensome that it would constitute an unreasonable
restraint on the right of First Amendment expression.
.
Traffic control personnel shall be in a number sufficient
to adequately safeguard the flow of both participant and non-
participant traffic in order to minimize congestion, as
determined by the chief of police. Any additional costs for
police department personnel deemed necessary to provide
security due to the nature of the event will not be assessed to
the permit holder.
The permit holder shall obtain approval of the traffic
control plan described by the chief of police, including a
barricade plan and an estimate of the traffic control costs. The
permit holder shall receive from the city an invoice for the
required costs within fifteen (15) calendar days after the parade.
The payment for these costs shall be due to the city within thirty
(30) calendar days after the date of the parade. If the applicant
disputes the costs assessed by the police department, the
applicant may file an appeal with the office of the city manager
within seven (7) business days of receipt of the invoice. The
appeal must identify the specific costs in dispute. The city
manager or his or her designee will review the assessed costs
based on the criteria required to be used by the chief of police
and render a final decision regarding the costs to be paid by the
permittee within fifteen (15) business days of receiving the
appeal. No costs shall be owed during the appeal until the office
of the city manager has rendered its decision.
(d) Because of their broad appeal, historic tradition,
cultural significance, and other public benefits provided by the
State Fair Parade, Fiesta Day Parade and Kid’s Day Parade, the
city shall cover the costs of traffic control personnel. and traffic
control devices. Because of its broad appeal, historic tradition,
cultural significance, association with a national holiday or a
day given statewide recognition, and other public benefits
provided by the Veterans Day Parade, the city shall cover the
costs of traffic control personnel and traffic control devices.
(e) If an applicant owes fees not timely paid in
connection with a parade previously approved and conducted
or is the estimated costs to the city under this section are
greater than ten thousand dollars ($10,000), the applicant shall,
prior to approval of the application for a parade permit, file a
surety bond in the amount of the estimated costs.
(f) Prior to approval of the application for a parade
permit, the applicant shall submit to the chief of police a
certificate of insurance and endorsement evidencing
commercial general liability coverage, including
premises/operations, independent contractors, personal injury,
and contractual liability, at a combined single limit of one
million dollars ($1,000,000,.00) per occurrence, with the city
being named as the additional insured by endorsement. The
applicant shall provide at least thirty (30) days’ advance notice
of cancellation or material alteration of the insurance policy.
The city recommends and encourages, but does not require the
organizers of First Amendment parades to also obtain
insurance for their events.
(g) At least twenty-four (24) hours before the
scheduled start of the event, the permit holder for a “non-First
Amendment parade” shall make a reasonable effort to notify the
businesses and residences located around the assembly area,
along the parade route, and around the disbanding area of the
scheduled parade. A copy of any flyer or handout used in
making the notification shall be provided to the chief of police
at least twenty-four (24) hours prior to the beginning of the
parade. It is recommended, but not required, that the permit
holder for a “First Amendment Parade” provide the same
notices.
Subsection 1301 – 8. Revocation of permit.
The chief of police shall have the authority to revoke a
parade permit issued pursuant to this subsection when the
conditions supporting the findings made by the chief of police
pursuant to subsection 1301 – 5 change in such a way, prior to
the date on which the parade is to be held, that a parade permit
would not otherwise be issued. The chief of police shall have
the authority to revoke a parade permit if the permit holder does
not comply with subsection 1301 – 7.
Subsection 1301 – 9. Public conduct during parades.
(a) . It shall be unlawful for any person to
Interference
hamper, obstruct or impede, or interfere with any parade or
parade assembly or with any person, vehicle, or animal
participating or used in a parade.
(b) . It shall be unlawful for
Driving through parades
any driver of a vehicle to drive between the vehicles or persons
comprising a parade when such vehicles or persons are in
motion and are conspicuously designated as a parade unless
directed to do so by a police officer.
(c) . The chief of police shall
Parking on parade route
have the authority, when reasonably necessary, to prohibit or
restrict the parking of vehicles along a street or highway or part
thereof constituting a part of the route, forming area,
disbanding area, or buffer zone 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.
(d) . It shall be unlawful for any
Prohibited substances
person to sell, possess, or use a pressurized container of any
substance commonly known as “liquid string,” “silly string,” or
“super string,” or any quantity of the small explosive devices
commonly known as “snapper,” “throw downs,” “pop pops,” or
“popping match sticks,” which are paper-wrapped wads of sand
coated with a minute quantity of explosive powder and
adhesive, producing a small report upon impact with hard
surfaces, in any public place or private property.
(e) . Upon initiation of a
Control of parade; restrictions
parade the chief of police shall take over control of the
movement of the parade. All participants shall be required to
maintain a forward progress. No participant shall throw or give
away candy, gifts, tokens, advertisements, or any other objects
from any participant or parade unit while the unit is on the
parade route. This provision is not intended to prohibit the
distribution of expressive material protected under the First
Amendment, including leaflets, provided the distribution is not
from a parade unit that is on the parade route. Failure to
observe these requirements shall constitute a violation of this
subsection and the chief of police is empowered to remove
parade unit from the parade immediately.
Subsection 1301 – 10. Criminal penalties.
(a) It shall be unlawful to fail to obtain a permit
required under this subsection for any parade. Any such
violation committed intentionally, knowingly or recklessly is a
Class 1 municipal offense.
(b) The intentional, knowing or reckless commission
of any act made unlawful by subsection 1301 – 9 is a Class 2
municipal offense.
SECTION 2.
The officers and staff of the City are directed and authorized to perform any and
all acts consistent with the intent of this Ordinance to implement the policies and
procedures described herein.
SECTION 3.
This Ordinance shall become effective thirty days following final passage and
approval.
INTRODUCED March 13, 2017
BY: Ed Brown
PASSED AND APPROVED: March 27, 2017
City Clerk’s Office Item # R-8
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: March 13, 2017
TO: President Stephen G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Daniel C. Kogovsek, City Attorney
SUBJECT: AN ORDINANCE AMENDING TITLE XV, CHAPTER 1, SECTION 8(a)(14) OF
THE PUEBLO MUNICIPAL CODE RELATING TO PERMITS REQUIRED FOR
PARADES AND RACES
SUMMARY:
Attached for consideration is a text amendment that will amend the model traffic code as it pertains
to permits for parades and races.
PREVIOUS COUNCIL ACTION:
Over the years, City Council has amended portions of the model traffic code to reflect changes in
the law.
BACKGROUND:
The model traffic code has been adopted by virtually all of the cities and towns located in
Colorado. However, the section of the model traffic code pertaining to parades does not
adequately address the right of First Amendment expression. The proposed text amendment
deals with circumstances when the purpose of the parade is First Amendment expression.
FINANCIAL IMPLICATIONS:
Unknown at this time.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
Make no changes to the model traffic code as it pertains to parades and races.
RECOMMENDATION:
Approve the Ordinance.
Attachments:
Proposed Ordinance