HomeMy WebLinkAboutO-1978-176 i
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ORDINANCE N0. 176 �
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AN ORDINANCE OF THE CITY OF DANIA, FLORIDA,
REGULATING PARADES AND OTHER SIMILAR USES
OF PUBLIC PLACES ; AUTHORIZING THE CHIEF OF
POLICE TO RECEIVE APPLICATIONS AND ISSUE
PERMITS; PROVIDING STANDARDS FOR ISSUANCE
THEREOF; ESTABLISHING PROCEDURE FOR APPEAL
UPON REJECTION OF APPLICATION; REQUIRING
COMPLIANCE WITH PERMIT CONDITIONS ; PROVIDING
FOR CODIFICATION; PROVIDING REPEALER; PRO-
VIDING FOR SEVERABILITY OF INVALID PROVISIONS ;
PROVIDING THAT ALL ORDINANCES OR PARTS OF
ORDINANCES AND ALL RESOLUTIONS OR PARTS OF
' RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED
TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING
FOR AN EFFECTIVE DATE .
iBE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA,
j FLORIDA:
JI Section 1 . Short Title . This Ordinance shall be known and
may be cited as the "Parade Ordinance of the City of Dania, Florida . "
Section 2 . Definitions .
? (1) "Chief of Police" is the Chief of Police of the City of
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i Dania, Florida.
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(2) "City" is the City of Dania, Florida.
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{ (3) "Parade" is any parade, march, ceremony, show, exhibition,
1 pageant, or procession of any kind, or any similar display, in or
upon any street , park or other public place in the City.
(4) "Parade Permit" is a permit as required by this Ordinance .
(5) "Person" is any person, firm, partnership , association,
corporation, company or organization of any kind.
Section 3 . Permit Required. No person may engage in, participate
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in, aid, form or start any parade, unless a parade permit shall have
d been obtained from the Chief of Police .
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(1) Exceptions . This Ordinance shall not apply to :
(a) funeral processions ;
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t (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 i
functions .
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on seeking issuance of a parade
Section 4. Application. A pers
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permit shall file an application with the Chief of Police on forms
provided by such officer .
(1) Filing Period. An application for a parade permit must be
i filed with the Chief of Police not less
than 30 days before the date
on which it is proposed to conduct the parade .
(2) Contents . The application for a parade permit shall set
forth the following information:
(a) The name, address and telephone number of the person
seeking to conduct such parade ;
(b) If the parade is proposed to be conducted for , on
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behalf of, or by an organization, the name, address and telephone
number of the headquarters of the organization, and of the authorized
and responsible heads of such organization;
(c) The name, address and telephone number of the person
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who will be the parade chairman and who will be responsible for its
conduct;
(d) The date when the parade is to be conducted;
(e) The route to be traveled, the starting point and the
termination point ;
(f) The approximate number of persons who , and animals
and vehicles which, will constitute such parade ; the type of animals ,
and description of the vehicles ;
(g) The hours when such parade will start and terminate.
(h) A statement as to whether the parade will occupy all
or only a portion of the width of the streets proposed to be traversed;
j (i) The location by streets of any assembly areas for
such parade;
(j ) The time at which units of the parade will begin to
assemble at any such assembly area or areas ;
(k) The interval of space to be maintained between units
of such parade;
(1) If the parade is designed to be held by, and on be-
half of or for, any person other than the applicant, the applicant for
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such permit shall file with the Chief of Police a communication in
writing from the person proposing to hold the parade, authorizing the
applicant to apply for the permit on his behalf.
(m) Any additional information which the Chief of Police
shall find reasonably necessary to a fair determination as to whether
a permit should issue .
(3) Late Applications . The Chief of Police, where good cause is
shown therefor, shall have the authority to consider any application
hereunder which is filed less then 30 days before the date such parade
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is proposed to be conducted.
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(4) Fee. There shall be paid at the time of filing the application
Ifor a parade permit a fee of Ten Dollars ($10 . 00) .
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Section 5. Standards for Issuance . The Chief of Police shall
issue a permit as provided for hereunder when, from a consideration of f
Ithe application and from such other information as may otherwise be
obtained, he finds that:
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(1) The conduct of the parade will not substantially interrupt the
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safe and orderly movement of other traffic contiguous to its route ;
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{ (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 contiguous thereto as to prevent normal j
police protection to the City;
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1 (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 contiguous thereto ;
(4) The concentration of persons , animals and vehicles at assembly
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points of the parade will not unduly interfere with proper fire and
police protection of, or ambulance service to , areas contiguous to such
assembly areas;
(5) The conduct of such parade will not interfere with the
movement of fire-fighting equipment enroute to a fire;
(6) The conduct of the parade is not reasonably likely to cause
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injury to persons or property, to provoke disorderly conduct or create
a disturbance;
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(7) The parade is scheduled to move from its point of origin
to its point of termination expeditiously and without unreasonable
delays enroute;
(8) The parade is not to be held for the sole
purpose of
advertising any product, goods or event, and is not designed to be
purely for private profit. I
Section 6 . Notice of Rejection. The Chief of Police shall act
upon the application fora parade p permit within 14 days after the I
filing thereof. If the Chief of Police disapproves the application,
he shall mail to the applicant within 21 days after the date upon
which the application was filed, a notice of his action, stating the
reasons for I his denial of the permit. i
Section 7. Appeal Procedure . Any person aggrieved shall have the f
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right to appeal the denial of a parade p permit to the City Commission.
Section 8. Alternative Permit . The Chief of Police , in denying
an application for a parade permit, shall be empowered to authorize f
the conduct of the parade on a date, at a time , or over a route I
i different from that named by the applicant . An applicant desiring to �t
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J accept an alternate permit shall , within seven (7) days after notice of I
J the action of the Chief of Police, file a written notice of acceptance f
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I' with the Chief of Police. An alternate parade permit shall conform to
the requirements of, and shall have the effect of a parade
'j p permit under
this Ordinance.
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Section 9 . Notice to City and Other Officials Immediately upon I
the issuance of a parade permit, the Chief of Police shall send a copy
thereof to the following :
(1) The Mayor and City Commission;
(2) The City Manager;
(3) The City Attorney;
(4) The Fire Chief;
(5) The Director of the Department of Public Works ;
(6) The Director of the Broward County Division of Mass Transit,
the regular routes of whose vehicles will be affected by the route of
the proposed parade.
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Section 10. Contents of Permit. Each parade permit shall state
the following information:
(1) Starting time;
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(2) Minimum speed;
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(3) Maximum speed;
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(4) Maximum interval of space to be maintained between the units
of the parade;
(5) The portions of the streets to be traversed that may be
occupied by the parade;
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(6) The maximum length of the parade in miles or fractions there-
of;
(7) Such other information as the Chief of Police shall find
I necessary to the enforcement of this Ordinance .
Section 11. Duties of Permittee . A permittee hereunder shall !
comply with all permit directions and conditions and with all applicable
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laws and ordinances .
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i (1) Possession of Permit. The parade chairman or other persons
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heading or leading such activity shall carry the parade permit upon
jhis person during the conduct of the parade . I
Section 12 . Public Conduct During Parades
(1) Interference. No person may unreasonably 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 .
i (2) Driving Through Parades . No driver of a vehicle may drive
between the vehicles or persons comprising a parade when such vehicles
or persons are in motion and are conspicuously designated as a parade .
(3) Parking on Parade Route. The Chief of Police shall have the
authority, when reasonably necessary, to prohibit or restrict the
parking of vehicles along a highway or part thereof constituting a part
of the route 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 un-
attended any vehicle in violation thereof. No oerson shall be liable
for parking on a street unposted in violation of this Ordinance.
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Section 13. Revocation of Permit . The Chief of Police shall
have the authority to revoke a parade permit issued hereunder upon
application of the standards for issuance as herein set forth.
Section 14. Specific authority is hereby granted to codify this
Ordinance.
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Section 15 . In the event that any section or provision of this
Ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
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Section 16 . That all ordinances or parts of ordinances and all
resolutions or parts of resolutions in conflict herewith be and the
isame are hereby repealed to the extent of such conflict .
Section 17 . That this ordinance shall be in force and take effect
immediately upon its passage and adoption.
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j PASSED and ADOPTED on First Reading on the 23rd day of May
- 1978 .
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PASSED and ADOPTED on Second and Final Reading on the 13th day
of June 1978 .
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OA- COS I NER
ATTEST:
CITY CLERK - AUDITOR
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APPROVED FOR FORM AND CORRECTIVENESS
BY
FRANK C. ADLER, City Attorney
City of Dania, Florida
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