City Ordinances | Parades

MOTORCADE. An organized procession containing 25 or more vehicles, except funeral processions, upon any public street, sidewalk or alley.

PARADE. Any march or procession consisting of people, animals or vehicles, or combination thereof, except funeral processions, upon any public street, sidewalk or alley, which does not comply with normal and usual traffic regulations or controls.

It shall be unlawful for any person to conduct a parade or motorcade in or upon any public street, sidewalk or alley in the city or knowingly participate in any parade or motorcade unless and until a permit to conduct the parade or motorcade has been obtained from the Chief of Police, or, as hereinafter provided, from the City Council.

No permit shall be issued authorizing the conduct of a parade or motorcade which the Chief of Police finds is proposed to be held for the sole purpose of advertising any product, goods, wares, merchandise or event, and is designed to be held purely for private profit.

SECTION FOUR (4):  INTERFERENCE WITH PARADE PROHIBITED.

No person shall knowingly join or participate in any parade or motorcade conducted under permit from the Chief of Police in violation of any of the terms of the permit, nor knowingly join or participate in any permitted parade or motorcade without the consent and over the objection of the permittee, nor in any manner interfere with its progress or orderly conduct.

SECTION FIVE (5):  APPLICATION FOR PERMIT.

Any person who wants to conduct a parade or motorcade shall apply to the Chief of Police for a permit at least 30 days in advance of the date of the proposed parade or motorcade. The Chief of Police may, in his or her discretion, consider any application for a permit to conduct a parade or motorcade which is filed less than 30 days prior to the date the parade or motorcade is to be conducted. The application for the permit shall be made in writing on a form approved by the Chief of Police.  In order that adequate arrangements may be made for the proper policing of the parade or motorcade, the application shall contain the following information:

1. The name of the applicant, the sponsoring organization, the parade or motorcade chairperson and the addresses and telephone numbers of each;

2. The purpose of the parade or motorcade, the date when it is proposed to be conducted, the location of the assembly area, the location of the disbanding area, route to be traveled and the approximate time when the parade or motorcade will assemble, start and terminate;

3. A description of the individual floats, marching units, vehicles, bands, including a description of any sound amplification equipment to be used; and

4. Other information as the Chief of Police may deem reasonably necessary.

SECTION SIX (6):  ISSUANCE OR DENIAL OF PERMIT.

1. The Chief of Police shall issue a parade or motorcade permit conditioned upon the applicant’s written agreement to comply with the terms of the permit unless the Chief of Police finds that:

   1. The time, route and size of the parade or motorcade will disrupt, to an unreasonable extent, the movement of other traffic;

   2. The parade or motorcade is of a size or nature that requires the diversion of so great a number of police officers of the city to properly police the line of movement and the areas contiguous thereto that allowing the parade or motorcade would deny reasonable police protection to the city; and

   3. The parade or motorcade will interfere with another parade or motorcade for which a permit has been issued.

2. The Chief of Police shall deny an application for a parade or motorcade permit and notify the applicant of the denial where:

   1. The Chief of Police makes any finding contrary to the findings required to be made for the issuance of a permit;

   2. The information contained in the application is found to be false or nonexistent in any material detail; and

   3. The applicant refuses to agree to abide by or comply with all conditions of the permit.

SECTION SEVEN (7):  CONTENTS OF PERMIT.

In each permit, the Chief of Police shall specify:

1. The assembly area and time therefor;

2. The starting time;

3. The minimum and maximum speeds;

4. The route of the parade or motorcade;

5. What portions of streets to be traversed may be occupied by the parade or motorcade;

6. The maximum number of platoons or units and the maximum and minimum intervals of space to be maintained between the units of the parade or motorcade;

7. The maximum length of the parade or motorcade in miles or fractions thereof;

8. The disbanding area and disbanding time;

9. The number of persons required to monitor the parade or motorcade;

10. The number and type of vehicles, if any;

11. The material and maximum size of any sign, banner, placard or carrying device therefor;

12. The materials used in the construction of floats used in any parade shall be of fire retardant materials and shall be subject to the requirements concerning fire safety, as may be determined by the Fire Chief;

13. That the permittee advised all participants in the parade or motorcade, either orally or by written notice, of the terms and conditions of the permit, prior to the commencement of the parade or motorcade;

14. That the amplification of sound permitted to be emitted from sound trucks or bull horns, be fixed and not variable;

15. That the parade or motorcade continue to move at a fixed rate of speed and that any willful delay or willful stopping of the parade or motorcade, except when reasonably required for the safe and orderly conduct of the parade or motorcade, shall constitute a violation of the permit; and

16. Other requirements as are found by the Chief of Police to be reasonably necessary for the protection of persons or property.

All conditions of the permit shall be complied with so far as reasonably practicable.

SECTION EIGHT (8):  APPEAL PROCEDURES.

Upon a denial by the Chief of Police of an application made pursuant to § 73.05, the applicant may appeal from the determination of the Chief of Police within five days thereafter to the City Council by filing a written notice of appeal for hearing by the Council at its next meeting. Upon the appeal, the City Council may reverse, affirm or modify, in any regard, the determination of the Chief of Police.

In the event an application is not filed within the required time, as specified in § 73.05, the applicant may request a waiver of the requirement by the City Council at its next regular meeting, or at a special meeting which may be called prior thereto by the City Council to consider the matter, and the City Council, if it finds unusual circumstances and in the exercise of its sound discretion, may waive the requirement.

SECTION NINE (9):  OFFICIALS TO BE NOTIFIED.

Immediately upon the granting of a permit for a parade or motorcade, the Chief of Police shall send a copy thereof to the following:

1. The Mayor;

2. The City Secretary;

3. The Fire Chief;

4. The Director of General Services; and

5. The Public Works Director.

SECTION TEN (10):  REVOCATION OF PERMIT.

Any permit for a parade or motorcade issued pursuant to this chapter may be summarily revoked by the Chief of Police at any time when, by reason of disaster, public calamity, riot or other emergency, the Chief of Police determines that the safety of the public or property requires the revocation. Notice of the action revoking a permit shall be delivered in writing to the permittee by personal service or by certified mail.

SECTION ELEVEN (11):  PENALTY.

Should any person, firm or corporation violate the terms and/or conditions of this Ordinance, or the permit issued pursuant hereto, such person, firm or corporation shall be deemed guilty of a misdemeanor and upon conviction thereof by a Court of competent jurisdiction, shall be fined in any sum, not less than One ($1.00) Dollar nor more than One Hundred ($100.00) Dollars.

SECTION TWELVE (12):  SAVING CLAUSE.

Should any section, clause, or provision of this ordinance be declared to be unconstitutional and void by a court of competent jurisdiction, such decision shall in no way affect the validity of the remaining parts, save the part held unconstitutional and void is inseparable from the indispensable to the operation of the remaining part. The board of Aldermen hereby declares that they would have passed those parts which are valid and omitted those parts which might be invalid had they known at the time of the passage of this ordinance that such part or parts were void and unconstitutional.

SECTION THIRTEEN (13):  EFFECTIVE DATE.

This Ordinance shall be effective after publication of the caption hereof in the official newspaper of said City, The Brazosport Facts, for ten 910) consecutive issues thereof.

PASSED and adopted this 1st day of February, A.D., 1972.

Signed: Leo Finley, Mayor Pro-Tem

Attest: F.F. Smith, City Secretary

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