HomeMy WebLinkAboutCHAPTER 144CHAPTER 144. PARADES
Updated 2014 144-1
144. PARADES
144.01. Definitions. Subdivision 1. “Applicant” means the person
who signs the application for a permit.
Subd. 2. “Appropriate city officials” means the mayor, city
administrator, fire chief, police chief and public works director.
Subd. 3. “Council” means the Common Council of the City of
Rochester, Minnesota.
Subd. 4. “Parade” means any march, procession or other similar
activity consisting of persons, animals, vehicles or things, or combination
thereof, upon any public street, sidewalk, alley or other public place or right-of-
way, which does not comply with normal and usual traffic regulations or
controls. This term does not include a funeral procession.
144.02. Permit. No person shall conduct, sponsor or knowingly
participate in a parade unless the Council has granted a permit for that
parade.
144.03. Application for Permit. Subdivision 1. Any person who
wants to conduct or sponsor a parade must apply to the city clerk for a permit at
least ten days in advance of the date of the parade. The city clerk will refer the
application to the appropriate city officials for comments as to whether the
application satisfies the findings provided for in Section 144.04, subd. 2.
Subd. 2. The city clerk must receive and process an application for a
permit which is filed less than ten days prior to the date the parade is to occur
only if the city clerk determines there is sufficient time to receive comments from
the appropriate city officials and to present the application to the Council or to
individual common council members.
Subd. 3. An application for a permit must contain the following
information, which must be updated by the applicant as circumstances change:
A. Name, address and daytime telephone number of the applicant
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and, if applicable, the organization with which the applicant is
affiliated or on whose behalf the applicant is applying.
B. The date of the proposed parade and the hours that it will
commence and terminate.
C. The location and exact street address of the parade assembly and
disbanding areas, and the time when the parade will begin to
assemble and disband.
D. The approximate number of persons and vehicles, floats or other
units to participate in the parade.
E. The route along which the parade will proceed and the sidewalks
or lanes of traffic it will occupy; and,
F. A list identifying the type and number of all animals the applicant
intends to have at the parade.
Subd. 4. The application must be accompanied by payment of the
license fee as established by the Council.
144.04. Issuance of Permit. Subdivision 1. The Council must
issue a parade permit if it can make those findings listed in subdivision 2 of this
section.
Subd. 2. The relevant findings for the issuance of a parade permit are as
follows:
A. The proposed parade will not substantially or unnecessarily
interfere with traffic in the area contiguous to the activity, or that, if
the activity will substantially interfere with such traffic, there are
available at the time of the proposed parade sufficient city
resources to adequately mitigate the disruption;
B. There will be available at the time of the proposed parade a
sufficient number of peace officers, traffic control officials or
authorized volunteers to police and protect lawful participants in
the parade and non-participants from traffic related hazards in
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light of the other demands for police protection at the time of the
proposed parade.
C. The concentration of persons, animals, vehicles or things at the
assembly and disbanding areas and along the parade route will
not prevent proper police or fire protection, or ambulance service.
D. The proposed parade will not be conducted for an unlawful
purpose or in an unlawful manner. Federal, state and local laws
will determine a lawful purpose and a lawful manner.
E. The proposed parade will not interfere with the use of the
requested area by another person to whom a valid permit has
been issued for the same area or route.
F. The application contains sufficient information about the proposed
route and crowd.
Subd. 3. The Council may limit the parade to the sidewalk or to one
or more traffic lanes of a street when it determines such limited area is capable
of accommodating the number of people anticipated to participate in the parade
and the experience of previous comparable parades. The Council’s action
under this subdivision will not be considered a denial of the application for a
parade permit.
Subd. 4. Except as otherwise provided by law, all applications for
parade permits will be processed on a first-come, first-serve basis.
144.05. Informal Approval. If there is no Council meeting between
the time the application is filed with the city clerk and the date of the parade, the
city clerk must contact each of the available Council members to determine
whether they can make the findings required in Section 144.02, subd. 2. The
city clerk must inform each Council member contacted of the appropriate city
officials’ comments. If four Council members approve of the application, the city
clerk must issue a permit to the applicant.
144.06. Alternate Parade Permit. When the Council denies an
application for a parade permit, the Council may authorize the issuance of a
permit for a date, time, location or route that is different from that named by the
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applicant. This alternate parade permit will, to the extent practicable, authorize
an event that will have comparable public visibility and a similar route, location
and date to that of the proposed parade. An applicant desiring to accept an
alternate parade permit must, within five business days following notice of the
Council’s approval of such a permit, file a written notice of acceptance with the
city clerk.
144.07. Penalty. Any person who violates this section is guilty of a
petty misdemeanor.
(2747, 6/4/1991; 3569,6/16/03; 3607, 12/15/03)