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HomeMy WebLinkAboutDocumentation_Regular_Tab 09B_02/10/1994 r � / _ \ �` i ' � - VILLAGE OF TEQUESTA � �'^. ,� Post Officc F�ox 3273 • 357 Tcyuc,eta Drivc ' Tcyucsta, Flonda 334b9-0273 • (407) 575-6�00 ' � � � Fax: (407) 575-6203 . i 'o .� � •C N fOUM� MEMORANDUM: TO: Village Council �- FROM: Thomas G. Bradford, Village Manager / DATE: February 4, 1994 SUBJECT: Ordinance Providing for the Regulation of Parades; Aqenda Item The attached ordinance was reviewed by the Public Safety Committee at their meeting on January 19, 1994, and is recommended by those Committee members for adoption. This Ordinance establishes parameters whereby parades are permitted and may be so permitted by Village staff within certain parameters. Any proposed applications exceeding these proposed parameters shall be denied by Village staff. The applicant then has the ability to appeal this staff decision to the Village Council. Therefore, this Ordinance is merely establishing guidelines for the staff to approve parade permit applications. Some important provisions of the Ordinance are: 1) Applicant is responsible for cost of off-duty public safety services (police and fire). 2) Applicant is required to provide insurance in the amount of $1 million, naming the Village of Tequesta as an additionally insured. 3) Allowable dates have been set to accommodate the JTAA Christmas Parade and Jupiter High School Homecoming Parade. 4) Designates parade routes� within commercial areas of the Village only and utilizing those routes historically used for � parades conducted within the Village. 5) There is no reference to community values being a criteria for permit award. Adoption of this Ordinance is highly recommended to the Village Council in order to establish long overdue criteria for the conduct of parades within Tequesta. � ORDINANCE NO. AN ORDINANCE OF THE VZLLAGE COIINCIL OF THE VILLAGE OF TEQIIEBTA� PALM BEACH COIINTY, FLORIDA� PROVIDINC� FOR THE RE(3ULATZON OF PARADEB; AIITHORIZING THS CHIEF LAW ENFORCEMENT OFFICER TO RECEIVE APPLICATIONS AND ISSOE PERMITB; PROVIDING BTANDARD3 FOR ISSDANCE THEREOF; PROVIDING REGIILATIONB GOVERNIN(3 TIME, PLACE, AND MANNER THEREOF; ESTABLZSBIN(3 PROCEDORE FOR APPEAL IIPON REJECTION OF APPLICATION; REQIIIRING COMPLIANCE i�lIT�i PERMIT CONDITIONB; PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONB; PROVIDINC� FOR REPEAL OF ORDINANC$8 INCONSISTENT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAB, the Village of Tequesta acknowledges the constitutional rights to freedom of speech and assembly on the public ways and the public areas within the Village of Tequesta; and WHEREAB, it is the intent of the Village of Tequesta to provide for exercise of those rights in a manner which provides for eff iciency of traffic flow and normal operations within the Village; and WHEREAB� it is the intent of the Village to reasonably regulate the time, place and manner in which said rights are exercised and, in so doing, at all times leave open reasonable channels for exercise of constitutional rights; and WHEREAS, the Village of Tequesta is a unique municipality located on three peninsulas having limited arterial through streets for vehicular traffic; and WSEREAS, due to the Village's unique geographic make-up and lack of through streets, blockages of its vehicular streets during normal work days cause severe interruptions in the flow of traffic within the Village; and WHEREAB, there is an extreme likelihood that interruptions in the flow of traffic within the Village will impede the Village's ability to provide essential services such as fire, police and emergency medical services to its citizens; and WHEREAB, interruptions in the flow of traffic within the Village seriously interfere with the normal commercial operations within the Village; and WHEREAB, interruptions in the flow of vehicular traffic within the Village seriously interferes with the ability of the citizens of the Village and members of the general public to pursue within the Village, in a reasonable fashion, normal daily activities; and WHEREAB, the sidewalks and public walks within the Village are available to all persons who desire to exercise their constitutional rights to freedom of speech and asseinbly. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COIINCZL OF THE VILLAGE OF TEQUESTA, PALM BEACH COIINTY� FLORIDA� AS FOLLOWB: Section 1. Short Title. This Ordinance shall be known and may be cited as the "Parade Ordinance" of the Village of Tequesta. Section 2. Definitions. 1) "Chief Law Enforcement Officer" is the Chief Law Enforcement Officer of the Village of Tequesta. 2) "Village" is the Village of Tequesta. 3) "Parade" is any march or procession (except funeral processions) of any kind within the Village, in or upon any street used for vehicular traffic, which does not comply with normal and usual traffic regulations and controls. 4) "Parade Permit" is a permit as required by this Ordinance. 5) "Person" is any person, firm, partnership, association, corporation, company, group or organization of any kind. Section 3. Permit Required. No person shall engage in, participate in, aid, form or start any parade unless a parade permit shall have been obtained from the Chief Law Enforcement Officer. Section 4. Application. A person seeking issuance of a parade permit shall file an application with the Chief Law Enforcement Officer on forms provided by such officer. 1) Filing Period. An application for a parade permit shall be filed with the Chief Law Enforcement Office not less than seven ( 7) days nor more than thirty ( 3 0) days bef ore 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: 2 02iO4i9.3 ii:ll 004 . � �� �g nzsrue� address and tnlephone n�m2�er of the peXson seeking to conduct euch parade. A� If �e pa�ade is proposed to be conductsd for, on behali of� ot by an orqanization, the nase, address and telephone number of the beadquatrt�r� of the orgttl'iization and of the authorized and r�spongibie heada of �uch organi�ation. C) Th� nnme, address and telephona oi the person who Vill h6 �esponsible tvr the conduct ot ths parade (i.e. p�rade ch�irman). d� ��e prpposed date when the par�de is be conductvd. e) The proposed route to be traveled, the startinq point, and the termination point. f) The approximate number af persons wha will conatitute suah parade. g� �hs prOposed hoars when such parade vill start and term�nate. ' h) The 1oc21tlon o! any 8sse�ly area !or sucti parada. i) The location of any termination area for such parade. j) The time at whioh the units af t2�• pnz�de will begin to assemble at �uch assemblY a�tea► k� If the parade is desiqned to be be�d Dy� and o� behalf at or for any person otber thbn the applicant, the applicant for such per�ait sh�ll file �►ith thQ Cnief Law Enforcement OPficer a cvm��ication in vritinq froa the pexsan proposinq to hold the parade, autherizirig the applica�t to app�y tor the permit on his behalt. l� The name of the app�icant' � insuranae cotrpany for the event. The v�linga shall be naxled ae nn insured on a policy ot liapility irisurance in tui amount not less than $1,000,000.00. �� An administration fee of $l0. 3) Siqnature• The person applying far the persit shail �gree in writinq to ab�de by all provisions of th�s Ordil�ance and shall sign said Agreement. Z= �� Per��� applying ia an entity rather than an ir�dividual, th� 3 02i0�,i94 11:12 005 above siqnature ghall be supplic� by a duly authorized representAtive of such enti.ty. q) lldditional lnfoz'tnativn The chief Lav Enforo�m�nt OffiCer shall require submittal, with th� aompl�t�d applicatian fona, written documentation indicating t.1sAt the property owner ror any desiqnated point of aas�bly, starting point or point of termination, consents ta tho use oi his/her private property Lor such purpos�Q. 5) Otf-Duty Public Safety Servicea. Tb� Cbie! Law EnforCement Officer shali require applicaut to t�ss otf- duty pol�ce, f iref iqhters, emergenCy medicdl techr�iaians and paramedic services, pur�uant ta Tequesta Ordfnnnoas. �theneVer such proposed parade¢ reqvire su�h oexviaoa ae determined Dy tiie Chiet Law Et�forcemer�t Officer or thQ Tequesta Fire Chief. Applicant shall be reaponsibla for the cast of pr�vidinq said service�. sectioA s. Requla�ion o� Time, Place and Man�ex o� Parada. The followinq time, place and manner requlations axe to Apply to ail parades held within the viliage. 1) Parades shall take place witi�in th� parade routes deaiqn�ted herein and described in the attaahed Exhibit. 2} No animal drawn vehicles shall be penaitted t�ithin a parade. 3j YaX'ades shall only be held between the hou�s ot 9:00 71.K. and sunset, and only upon Sundays or National Holidays recagnized by the FedeXal. Government vf the United States of America; or an Homeconinq DaY as des3gnated by the Palm Heach County school Board xigh 5c:hool servin9 Tcquesta residents. q) �here �hall be held �►ithin the viliaqe iority for �Y (1)parade on any qiven day with p particular day to be granted t� the first pB�BOn to sub�ait a completed applicat�on desiqnating that dAy. ,/�) The maximum total duratfon of each parade and the assembly thereof shall be one (�� hour.� 6) parades shall be no more than one-quarter (iJdy mile in length from starting point to terminativn point. 7) The grantinq of a parade permit under th�s brdinance �hall »ot require the oomplete blockadlnq ot �treatet or intersections to vehiculaz traffie, and the Vill.stge sh�ll be enpowsred to apportion �ueh streets r� inter�ecbioYw 4 for simultaneous use by parade participants and vehicular traffic. 8) The carrying or possession by any parade participant of any object which might readily be wielded as a weapon is prohibited within three hundred (300) yards of any parade. Said objects shall include, but not be limited to, any pole or stick of greater than three-quarter inches (3/4") in diameter, object with sharpened edge(s) or point(s), dirk, metallic knuckles, slingshot, billy, tear gas gun, chemical weapon or device, sword, sword cane, firearm, or electric weapon or device. 9) The carrying or possession by any parade participant of any object which is constructed of any object which, standing alone, would be in violation of this Ordinance is prohibited within three hundred (300) yards of any parade. 10) Nothing herein shall preclude picketing or demonstrations on the public streets, sidewalks or parks of the Village, which is otherwise permitted by state and federal law, and so long as the picketing or demonstration otherwise complies with all Village Ordinances and the picketers or demonstrators are situated in a manner so as not to obstruct, impede, hinder or otherwise interfere with the orderly movement of pedestrian or vehicular traffic. Section 6. Standards of Issuance. The Chief Law Enforcement Officer shall_issue a permit as provided for hereunder when, from a consideration of the application and from such other information as may be otherwise obtained, he finds that: 1) No other applicant has obtained priority for the date requested. 2) The parade applicant has agreed in writing to abide by all provisions set forth in this Ordinance. 3) All required information is set forth in the application and is in accordance with all provisions set forth in this Ordinance. • 4) The concentration of persons and vehicles at assembly points, starting points and termination points of the parade will not interfere with the proper fire and police protection of or ambulance service to areas contiguous to such areas. 5) The conduct of such parade will not interfere with the movement of firefighting equipment en route to an emergency. 5 6) The parade is scheduled to move from its point of origin to its point of termination expeditiously without unreasonable delays en route. 7) The parade is not to be held for the purpose of advertising any product, goods or service and is not designed to be held for private profit or fund-raising. 8ection 7. Notice of Rejection. The Chief Law Enforcement Officer shall act upon an application for a parade permit within five (5) days after the filing thereof and must notify the applicant of the approval or denial of the application within that same period. If the Chief Law Enforcement Officer denies an application, a written notice stating the reasons for denial shall be sent to the applicant by certified mail and made available by the Village for inspection within the five (5) day period specified above. Section 8. Appeal Procedure and Judicial Review. Any person aggrieved shall have the right to appeal any denial of a parade permit to the Village Council. The appeal shall be taken within five (5) days of notice of denial. In the event of an appeal to the Village, the Village shall apply for expedited judicial review of its decision within forty-eight (48) hours. Section 9. Notice to Village and Other Officials. Immediately upon the issuance of a parade permit, the Chief Law Enforcement Officer shall send a copy thereof to the Village Manager who shall provide a copy to: 1) The Village Council 2) The Village Attorney 3) The Tequesta Fire Chief 4) North County Ambulance 5) The Director of the Department of Public Works 6) Property owner at point of assembly or starting point, if applicable 7) Property owner at point of termination, if applicable. Section 10. Duties of Permittee. The permittee hereunder shall comply with all provisions of the Ordinance, all permit directions and conditions and with all applicable laws and ordinances. 6 Section 11. Possession of Permit. The parade chairman or other person heading or leading such activity shall carry the parade permit upon his person during the conduct of the parade and shall be present at said parade. Section 12. Public Conduct During Parades. i) Interference. No person shall unreasonably hamper, obstruct or impede or interfere with any parade or parade assembly or with any person in a parade. 2) Driving Through Parades. No driver of a vehicle shall drive between persons comprising a parade when such persons are in motion and are conspicuously as a parade. 3) Parking on Parade Route. The Chief Law Enforcement Officer 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 Law Enforcement Officer shall post signs to such effect, and it shall be unlawful for any person to park or ieave unattended any vehicle in violation thereof. 4) Objects readily wielded as a weapon. The carrying by any person of any object which might readily be wielded as a weapon is prohibited within three hundred (300) yards of any parade. Said objects shall include, but not be limited to, any pole or stick of greater than three- quarter inches (3/4") in diameter, object with sharpened edge(s) or point(s), dirk, metallic knuckles, slingshot, billy, tear gas gun, chemical weapon or device, sword, � sword cane, firearm or electric weapon or device. 5) The carrying or possession by any person of any object which is constructed of any object which, standing alone, would be in violation of this Ordinance is prohibited within three hundred (300) yards of the parade. Section 13. Revocation of Permit. The Chief Law Enforcement Officer shall have the authority to revoke a parade permit issued hereunder upon application of the provisions herein set forth applicable to parade permittees. The revocation of a permit may be appealed in the same manner and under the same time limitations as a permit denial. Section 14. Penalties. Any person determined to be in violation of the provisions of this Code, not relating to revocation of the permit, shall be subject to the general penalty provisions of the Code of the Village of Tequesta. 7 Section 15. Severability. Should any section or provision of this Ordinance or any portion thereof be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 15. Ordinances Repealed. All Ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 17. Codif ication. This Ordinance shall be codified as part of the Code of Ordinances of the Village of Tequesta. 8ection 18. Effective Date. This Ordinance shall take effect immediately upon passage and approval, as provided by law. THE FOREGOING ORDINANCE WAS OFFERED BY Councilmember who moved its adoption. The motion was seconded by Councilmember , and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION The Mayor thereupon declared the Ordinance duly.passed and adopted this day of A.D., 1994. Mayor of Tequesta Ron T. Mackail ATTEST: Joann Manganiello Village Clerk 6 � ti ERFIIBIT "A" The parade routes referenced in Section 5, Paragraph (1), hereof shall be as follows: 1) Bridge Road - North lane to western termination. 2) Tequesta Drive - North two lanes to intersection with Old Dixie Highway. 3) Teguesta Drive - South two lanes from intersection of Old Dixie Highway to intersection with U.S. Highway One. 4) Old Dixie Highway - Southbound lane(s) from intersection of Tequesta Drive to Town of Jupiter corporate boundary. 5) Old Dixie Highway - Northbound lane(s) from Town of Jupiter corporate boundary to the intersection with Tequesta Drive. JCR\131530RD\PARADE.ORD s 9