§ 366A.06. Standards for issuance.

(a)

The chief of police shall issue a permit as provided for herein when, from a consideration of the application and from such other information as may otherwise be obtained, he finds that:

(1)

The conduct of the parade, race or public assembly will not substantially interrupt the safe and orderly movement of other pedestrian or vehicular traffic contiguous to its route or location;

(2)

The conduct of the parade, race or public assembly will not require the diversion of so great a number of city police officers to properly police the line of movement and the areas contiguous thereto that the deployment of police services for the proposed parade, race or public assembly would have an immediate and adverse effect upon the welfare and safety of persons and property;

(3)

The concentration of vehicles, persons and animals at public assembly points of the parade, race or public assembly will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such parade, race or public assembly;

(4)

The conduct of the parade, race or public assembly is not reasonably likely to cause injury to persons or property and will not, on its face, violate any federal, state or city law, regulation, or ordinance;

(5)

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

(6)

Adequate sanitation and other required health facilities are or will be made available in or adjacent to any parade, race or public assembly areas;

(7)

There are sufficient parking places near the beginning and end sites of the parade, race or public assembly to accommodate the number of vehicles reasonably expected;

(8)

The applicant has paid all fees required under section 366A.05;

(9)

No parade, race or public assembly permit application for the same time and location is already granted, or has been received and will be granted, and no event listed in section 366A.03 is already scheduled for the same time and location;

(10)

For new weekend events, no parade, race or public assembly permit has been granted for the same public roadway in a manner that obstructs vehicular traffic either the weekend before or the weekend after the date of the proposed event.

(11)

The conduct of the parade, race or public assembly will not interfere with previously scheduled construction or maintenance projects upon or along streets or sidewalks;

(12)

No parade, race or public assembly permit application for the same time but different location is already granted or has been received and will be granted, and the police resources required for that prior parade, race or public assembly are so great that, in combination with the subsequent proposed permit, the resulting deployment of police services would have an immediate and adverse effect upon the welfare and safety of persons and property; and

(13)

No event is scheduled elsewhere in the city where the police resources required for that event are so great that the deployment of police services for the proposed parade, race or public assembly would have an immediate and adverse effect upon the welfare and safety of persons and property.

(b)

No permit shall be granted that allows a parade, race or public assembly to occur between the hours of 11:00 p.m. and 7:00 a.m.

(c)

In determining whether to grant or deny a permit, the chief of police shall not consider:

(1)

The content of the speech, message, views or expression of the parade, race or public assembly or its participants;

(2)

The potential conduct of spectators and other nonparticipants in response or reaction to the content of the speech, message, views or expression of the parade, race or public assembly or its participants.

(C.F. No. 05-220, § 1, 7-6-05; C.F. No. 07-926, § 1, 10-24-07; Ord 16-7, 4-13-16)