§ 24-5. Permit for parades, marches, processions, motorcades and other organized public assemblies on city streets and sidewalks.

(a)

Permit required for use of city streets. Unless otherwise specifically provided by law, no parade, march, procession, motorcade or other organized public assembly (referred to in this section as an "event") shall be conducted, allowed or maintained in or upon any city street without first obtaining a permit therefor issued by the city manager or his designee.

(b)

Use of sidewalks. The use of city sidewalks shall not require a permit unless the number of participants expected for an event will exceed fifty (50) persons and/or the event is reasonably expected to obstruct or impede vehicles and/or nonparticipating pedestrians.

(c)

Application. An application for a permit to use city streets or sidewalks for an event shall be filed with the city manager or his designee not less than thirty (30) days in advance of the proposed date of the Event and shall set forth:

(1)

The name of the applicant;

(2)

The requested date, time, duration, nature and route or location of the event;

(3)

An estimate of the number of persons expected to attend;

(4)

A statement or description of equipment and facilities to be used; and

(5)

Any other information required by the permit application form.

The city manager or his designee is authorized to consider applications filed less than thirty (30) days in advance of the proposed date of an Event upon a showing of good cause by the applicant.

(d)

Issuance; grounds for denial. The city manager or his designee shall, without unreasonable delay and subject to the provisions of this section, issue a permit on proper application unless:

(1)

A prior application for a permit for the same time and place or overlapping times and places has been made that has been or will be granted and the activities authorized by that permit do not reasonably allow multiple occupancy of that particular area;

(2)

It reasonably appears that the event will incite a riot, threaten tangible public or private property, or otherwise present a clear and present danger to the public health, safety and/or welfare;

(3)

The event is of such nature or duration that it cannot reasonably be accommodated along the particular route or in the particular location applied for, considering such things as damage to city streets and/or sidewalks, impairment of a protected area's atmosphere of peace and tranquility, conflict with events already granted permits in nearby areas, and interference with program activities or impairment of public facilities; or

(4)

The application is for a route/location and/or duration that exceed(s) the reasonable needs of the applicant. In cases covered under this paragraph (4), the city manager or his designee shall issue a permit for such route/location and or duration as is needed for the size of the applicant's event.

(5)

The event would violate subsection (h) below.

(e)

Bond. As a condition of permit issuance for an event, the city manager or his designee may require the filing of a bond, payable to the City of Manassas Park, in an amount adequate to cover costs such as restoration, rehabilitation and cleanup of the public areas used and other costs resulting from the proposed use. In lieu of a bond, a permittee may elect to deposit with the city cash equal to the amount of the required bond.

(f)

Litter and refuse. No event in which the participants litter the streets or sidewalks shall be held in the city unless the person or group holding the event ensures the city that such littering or refuse caused by the event shall be cleaned up immediately upon the termination of the event.

(g)

Disclaimer regarding views expressed. Any permit issued pursuant to this section shall clearly state that the views expressed are those of the Event participants and not necessarily those of the city.

(h)

Obscenity or immorality. No obscene or immoral event shall be held in the city.

(i)

Notice of denial. If a permit is denied, the applicant shall be so informed in writing with the reason for the denial set forth.

(j)

Authorized locations. The city manager or his designee shall determine the availability of city streets and/or sidewalks requested for events on a case-by-case basis. City streets and sidewalks may be designated as not available if activities related to an event would:

(1)

Cause injury or damage to the city streets, sidewalks or neighboring areas;

(2)

Unreasonably impair the atmosphere of peace and tranquility maintained in residential, commercial, natural or historic areas or zones;

(3)

Unreasonably interfere with any interpretive, visitor service or other program activities, or with the governmental, proprietary or administrative activities of the city;

(4)

Substantially impair the operation or public use of public areas or services of the city; or

(5)

Present a clear and present danger to the public health, safety and/or welfare.

(k)

Conditions. The city manager or his designee may impose conditions on the permit which are reasonably consistent with protection and use of the city streets, sidewalks and neighboring areas for the purposes for which they are established. The city manager or his designee may also impose reasonable limitations on the equipment used and the time, duration and route/location for each event.

(l)

Term. No permit shall be issued for a period in excess of one (1) day, provided that permits may be extended for like periods upon a new application, unless another applicant has requested the use of the same route/location for the same time.

(m)

Obstructing pedestrians or vehicles; harassment. It is prohibited for persons engaged in activities covered under this section to obstruct or impede pedestrians or vehicles outside the event route or location or to harass individuals with physical contact.

(n)

Local, state and federal laws. All persons engaged in activities covered under this section shall comply with all applicable local, state and federal laws and regulations.

(o)

Revocation. The city manager or his designee is authorized to revoke a permit under any of those conditions listed in subsection (d) above that constitute grounds for denial of a permit, for violation of subsection (m) or (n) above, or for violation of the terms and conditions of the permit. Such a revocation shall be made in writing with the reason for revocation clearly set forth, except under emergency circumstances when an immediate verbal revocation or suspension may be made, to be followed by written confirmation sent no later than two (2) business days following revocation.

(p)

Violation of terms of permit. Violation of the terms and conditions of this section or of a permit issued in accordance with this section may result in the suspension or revocation of the permit. More than one (1) violation of the terms and/or conditions of this section or of an issued permit within a one-year period shall result in the suspension of the privilege to apply for a permit for a period of one (1) year commencing on the date written notice is given by the city manager or his designee.

(q)

Date of application; overlapping applications; city priority. No permit shall be granted for any event beginning more than four (4) months after the date of application. If there are two (2) or more equally timely applications for overlapping routes or locations, then the city manager or his designee will attempt to accommodate all applicants' needs. If this is not possible, the permit for the overlapped route or location shall be awarded by lot.

(r)

City priority in emergency; cancellation of permit. Notwithstanding anything to the contrary in this section, in the event of an emergency the city shall have priority over any permittee for the use of city streets and sidewalks. Upon the approach of any emergency vehicle, the participants in an event shall break ranks or maneuver so as to allow such vehicle to continue on its way. For large, extensive or prolonged emergencies the city manager or his designee shall be authorized to cancel an event. If an event is cancelled because of an emergency, the city manager or his designee will work with the permittee in an effort to reschedule the event.

(s)

Appeals. Within five (5) business days following any adverse decision in the application of this section, an applicant may file an appeal with the city manager. After appropriate notice to interested parties, the city manager shall hear and decide the appeal. Within three (3) business days following the city manager's decision on the appeal, an applicant may further appeal any adverse decision to the governing body. After appropriate notice to interested parties, the governing body shall hear and decide the appeal at its next regularly-scheduled public meeting.

(Ord. No. 09-1700-878, § 1, 9-15-09)

Editor's note— Ord. No. 09-1700-878, § 1, adopted Sept. 15, 2009, deleted former § 24-5, and enacted a new § 24-5 as set out herein. The former § 24-5 pertained to permit for parades and processions. See the Code Comparative Table for complete derivation.

(Ord. No. 09-1700-878, § 1, 9-15-09)

Editor's note

Ord. No. 09-1700-878, § 1, adopted Sept. 15, 2009, deleted former § 24-5, and enacted a new § 24-5 as set out herein. The former § 24-5 pertained to permit for parades and processions. See the Code Comparative Table for complete derivation.