§ 46-5. Parades and demonstrations.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Block means that portion of any street lying between its intersections with other streets.

Group demonstration means any assembly together or concert of action between or among two or more persons for the purpose of protesting any matter or of making known any position or promotion of such persons, or of or on behalf of any organization or class of persons, or for the purpose of attracting attention to such assembly.

Parade means any assemblage of two or more persons participating in, or operating any vehicle in, any march, ceremony, show or exhibition designed to gain the attention of nonparticipants of any kind in or upon the public streets, sidewalks, alleys, parks or other public grounds or places.

Picket line means any two or more persons formed together for the purpose of making known any position or promotion of such persons or of or on behalf of any organization or class of persons.

(b)

Permit required for parade. It shall be unlawful for any person to organize, conduct or participate in any parade in or upon any street, sidewalk, alley or other public place within the town unless a permit there for has been issued by the town in accordance with the provisions of this article.

(c)

Requirements and issuance of parade permit. The chief of police or his designee shall issue permits as required by this section, and in the issuance thereof he shall:

(1)

Require a written application for permit to be filed not less than 72 hours in advance of such parade, which application shall be on a form prescribed by the chief of police and which application shall be signed by the applicant; and shall specify the time, place, route, and duration of any such parade;

(2)

Refuse to issue such permits for parades to commence before 9:00 a.m.;

(3)

Refuse to issue such permits for parades to commence or continue after 7:00 p.m.;

(4)

Refuse to issue such permits for parades that will continue for a time period longer than three hours;

(5)

Refuse to issue such permits for parades to be held at the same time and place as those designated in a permit issued pursuant to a written application previously received by the chief of police or his designee;

(6)

Refuse to issue the permit when the activity or purpose stated in the application would violate any provision of this Code or other ordinance of the town or any statute of the state, or when the activity or purpose would constitute a clear and present danger to the public health or safety; and

(7)

Require that the application for a permit shall specify and the permit shall designate the person or persons in charge of the activity.

(d)

Revocation of parade permit. The chief of police shall revoke any permit granted for a parade for any of the following causes:

(1)

The violation by any participant of subsection (c) of this section;

(2)

The failure to comply with the terms and conditions of the permit.

(e)

Certain activities prohibited. Except for law enforcement officers, members of the United States Military, school honor guards, school color guards, and historical re-enactors, the carrying on or about the person of any firearms, or any weapon or article used as a weapon, including, but not being limited to, blackjacks and nightsticks, when performed or undertaken in conjunction with or as a part of any parade, picket line or group demonstration, is prohibited and declared unlawful.

(f)

Interference prohibited. No person shall hamper, obstruct, or interfere with any parade being conducted under authority of a permit duly issued by the chief of police or any picket line or group demonstration.

(g)

Regulations applicable to picketing and group demonstrations. Picket lines, picketing and group demonstrations shall be subject to the following regulations:

(1)

Picketing and group demonstrations may be conducted only on the sidewalks reserved for pedestrian movement, and may not be conducted on the portion of a street used primarily for vehicular traffic;

(2)

Pickets and group demonstrators may carry written or printed placards or signs not exceeding two feet in width and two feet in length promoting the objective for which the picketing is done;

(3)

Pickets must march in single file and not abreast except in passing one another;

(4)

If pickets or group demonstrators promoting different objectives desire to use the same sidewalk for picketing, the chief of police shall allot time to each group of pickets or group demonstrators for the use of such sidewalk on an equitable basis;

(5)

Pickets and group demonstrations may not commence before 7:00 a.m.; and

(6)

Pickets and group demonstrations may not commence or continue after 7:00 p.m.

(h)

Exceptions. The provisions of this section shall not apply to:

(1)

Funeral processions;

(2)

Any governmental agency acting within the scope of its functions.

(Code 2001, § 7-7; Ord. of 4-11-2006; Ord. No. 2010-2, §§ XI—XVI, 2-9-2010; Ord. No. 2011-12, § I, 10-11-2011)