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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 Traffic Code are hereby repealed, added or amended to read as follows: (14) Part 13, Parades and Funerals.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. \[ (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 \] 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