Chapter 100 – Public Accommodations

Chapter 100–Public Accommodations

 

100.010.    Citation of Chapter.  This Chapter shall be known as and may be cited as “The Public Accommodations Code.”

 

100.020.    Policy.  It is hereby declared to be the policy of the City of Holden, in exercise of its licensing and police powers for the preservation of the peace and the protection of the health, welfare, and safety of its  citizens to prohibit discriminatory practices in places of public accommodation within the City.

 

100.030.    Definitions.  As used in this Chapter:

 

  1. Commission shall mean the City Commission on Human Relations as authorized by this Chapter.

 

  1. Places of public accommodation shall mean all businesses or enterprises offering, providing, or holding out to the general public, facilities or commodities.

 

100.040.    Discriminatory practices prohibited.

Discriminatory practices, as hereinafter defined and established, in places of public accommodation are hereby prohibited and declared unlawful.

 

  1. It shall be a discriminatory practice, directly or indirectly, to deny, refuse or withhold from any person, full and equal accommodation advantages, facilities and privileges in places of public accommodation because of race, color, religious affiliation, sex, ancestry, or national origin.

 

  1. It shall be a discriminatory practice for the owner, lessee, manager, proprietor, concessionaire, custodian, agent or employee of a place of public accommodation within the City to treat any person differentially in the sale of a commodity, in the use of a facility or to segregate or require the placing of any person in any separate section of the premises, or facilities, because of race, color, religious affiliation, sex, ancestry, or national origin.

 

  1. It shall be a discriminatory practice to place, post, maintain, display or circulate, or knowingly cause, permit or allow the placing, posting, maintenance, display or circulation of any written or printed advertisement, notice or sign of any kind or description to the effect that any of the accommodations, advantage or facilities of any place of public accommodation shall be refused, withheld from, or denied to any person because of race, color, religious affiliation, sex, ancestry or national origin, or that the patronage of any person is unwelcome, objectionable, or not accepted, desired or solicited because of race, color, religious affiliation, sex, ancestry or national origin, or that any person is required or requested to use any separate section or area of the premises or facilities because of race, color, religious affiliation, sex, ancestry or national origin.

 

  1. Provided, that nothing in this section shall be construed to prohibit separate facilities for the two sexes in toilets or restrooms where a need for privacy outweighs the policy of equal access to places of public accommodation.

 

 

100.050.    Commission on Human Relations, establishment authorized.  There is hereby authorized a City Commission on Human Relations, to consist of such members as may be appointed by the mayor subject to the approval of the City

Council.  The mayor shall designate the appointee who shall serve as chairman.  Of those first appointed, one-third shall be appointed for one-year terms, onethird for two-year terms and one-third for three-year terms.  All members shall serve a term of three years, except those who are appointed to fill a vacancy occurring during the term of a member.  All members shall serve without compensation.

 

100.060.    Same, meetings and procedures.  The Commission shall fix the time and place of its meetings, and shall, except as herein provided, adopt such other procedures deemed necessary for the successful administration of the provisions and the consummation of the purposes of this Chapter.

 

100.070.    Same, functions and duties, generally.

The Commission shall act in an advisory capacity to the mayor and City Council, and its functions and duties shall be to foster mutual self respect and to further amicable relations among the various segments of the population which together comprise the City; to help preserve the City’s good reputation for tolerance and fair play and promote even better relations among its people; to help make it possible for each citizen, regardless of race, color, religious affiliation, sex, ancestry and national origin, to develop his talents and abilities without limitation; and to assist the community in the fullest realization of its human resources. In order to accomplish the objectives herein set out, the Commission shall advise the mayor and City Council and other officers of the City on problems affecting human and intergroup relations.

Chapter 101 – Affirmative Action

Chapter 101–Affirmative Action

 

101.010. Policy.  It is the policy of the City of Holden to vigorously

promote the objectives of public policy as set forth in the Equal Employment Act of 1972 (42 U.S.C. 2000 e et seq.) and Presidential Executive Order 11246.  To implement this policy the City does hereby adopt this Affirmative Action Plan.  The goal of this plan is to insure that equal employment opportunity becomes a fact rather than a promise.  The mayor is directed to take personal leadership of this important program.  Each department head and each employee of the City is directed to report regularly to the City Council as part of the standard reporting procedure (including annual reports, staff meetings, etc.) on the progress being made in the City under this plan.

 

  1. The purpose of this program is to set out specific steps to be taken by the City of Holden to insure that none of its personnel policies or practices discriminate against any individual on the basis of race, color, religion, sex, age, marital status and national origin or physical disability unless based upon a bona fide occupational qualification. Further, it specifies the opportunities of minorities and women.
  2. The City Council of Holden is given direct responsibility for implementing this affirmative action program. However, every employee is responsible for the ultimate success of the program.  Performance on the affirmative action program will be vigorously audited and evaluated each fiscal year.

 

101.020. Communication of the plan, internal communications.  The mayor is directed to undertake the following steps to insure that the affirmative action plan and its purposes are communicated to each employee of the City as follows:

 

  1. A letter shall be sent to all employees regarding the affirmative action plan and explaining the purpose of such plan.

 

  1. A specific meeting of employees shall be held to discuss the program and to answer any questions.

 

  1. A written memorandum shall be sent to all supervisors informing them of their general responsibilities regarding the affirmative action program.

 

  1. Special meetings shall be held quarterly with supervisory personnel to discuss progress and problems relative to the program.
  2. Requires equal employment opportunity posters and employer policy statements along with periodic notices regarding the program to be posted in places where employees normally expect to find such notices.

 

  1. Summary reports on affirmative action performance shall be annually distributed to all employees.
  2. Every employee shall be informed of the administrators to whom questions can be directed and whose counsel may be sought regarding the program.
  3. Every employee shall be personally informed of the

existence and operation of the internal grievance procedures set up under this plan for handling complaints of discrimination.

 

101.030.    Communication of the plan, external communications.  The mayor is directed to implement the following:

 

  1. All employment advertisements shall contain the words “an equal opportunity affirmative action employer”.

 

  1. Employment application forms shall contain the following clause: “The City of Holden is an equal opportunity employer and shall not discriminate against an employee or applicant for employment because of race, color, religion, sex, age, marital status, national origin or physical disability unless based upon a bona fide occupational qualification. If you believe you have been discriminated against, you should notify the City’s Equal

Employment Officer, Mr. or Ms. ____________________, the Equal Employment Opportunity Commission of the City or the Missouri Commission on Human Rights”.

  1. A notification letter shall be sent to employment sources and minority organizations informing them of our affirmative action policy and asking for their active cooperation. The letter shall also state that the sources shall be promptly informed of all job openings.

 

  1. A notification letter shall be sent to all vendors, suppliers and supply contractors with whom we do business informing them of our affirmative action commitment and soliciting their cooperation.

 

  1. A notification letter concerning our affirmative action policy shall be sent to unions and employee associations with whom we deal asking for their active cooperation.

 

  1. A letter shall be sent to minority contractors when construction is contemplated soliciting their bids or involvement in work.

 

101.040.    Management responsibility, general.  The mayor is directed to insure that the following are carried out:

  1. The actions of every employee are important to achieving the City’s affirmative action plan’s objectives. Disciplinary action shall be taken against anyone found to be deliberately obstructing implementation of the plan.
  2. Every supervisor is critically important to the plan’s success. Performance in meeting affirmative action objectives shall be carefully included in all future performance reviews.  Future promotability and merit increases shall be dependent upon affirmative action results as any other important duties assigned to supervisory personnel.

101.050.    Management responsibility–appointment of EEO officer.  The mayor of the City of Holden shall, with approval of the City Council, appoint an EEO officer who shall have responsibility for developing procedures to implement this affirmative action plan and to audit and evaluate the success of these procedures.

  1. The duties of an EEO officer are:

 

  1. To annually review and revise the affirmative action plans with the assistance of top officials in the City.

 

  1. To annually audit and evaluate the affirmative action plan and prepare reports concerning the performance of the City, its subunits, and its management personnel regarding the affirmative action program.

 

  1. To set up goals, timetables, and procedures for implementing the review and redesign of current personnel practices and correcting current under-utilization of women and minorities.

 

  1. To assist and to counsel all managers regarding their affirmative action responsibilities.

 

  1. Counsel minority and women employees on career planning and other employment matters.

 

  1. To assist and to counsel supervisors responsible for women and minority employees, especially in regard to the induction of new employees.

 

  1. To maintain a liaison with the Equal Employment Opportunity Commission, the Missouri Commission on Human Rights, and other government compliance agencies.

 

  1. To maintain a liaison with all community organizations with an interest in affirmative action.

 

  1. To be responsible for investi- gating and resolving allegations of discrimination against the City.

 

  1. The heads of various subunits within the City shall be responsible for:

 

  1. Analyzing their work force relative to utilization of minorities and women.

 

  1. Setting goals and timetables for bringing their unit into compliance with the overall affirmative action program.

 

  1. Promoting actively a positive climate in his or her subunit concerning affirmative action.

 

  1. Counseling and giving special help to women and minority employees, particularly regarding promotional opportunities within his subunit or in other units of the City.

 

101.060.    Recruitment of personnel.  All recruiting announcements will contain the following statement: “The City of Holden is an affirmative action equal opportunity employer and will not discriminate in any of its employment practices on the basis of race, color, creed, sex, age, marital status, national origin or physical disability unless based upon a bona fide occupational qualification”.

  1. All pertinent sources of minorities and women shall be

contacted by letter and, where feasible, personal visit regarding job opportunities.

 

  1. Interest in employment opportunities in the City shall be stimulated by our participation in appropriate activities in the local area. Visits shall be made to area educational institutions, especially those with large minority populations.

 

  1. Recruitment trips outside the local area shall be made to solicit applications from minorities and women. This will be particularly true in the case of recruiting any professional or managerial people.

 

  1. Efforts to hire minority and women employees for parttime and summer positions shall be made to encourage their interest in fulltime employment opportunities with the City.

 

101.070.    Job analysis and restructuring.  The City EEO officer shall prepare for each employee in the City a job description describing the job content and the minimum level of competence needed for each employee in the City.

 

  1. Job descriptions shall be reviewed and revised where appropriate on a schedule so as to assure reflection of current work behaviors.

 

  1. Job specifications shall be reviewed to assure they are related to job content and are set at the minimum level needed for entrance into the job.

 

  1. Trainee positions shall be created to facilitate movement of minorities and women into various job classes.

 

  1. Career ladders and logical lines of progression within and between job classes shall be identified to facilitate the training and promotion of minorities and women.

 

  1. Where feasible, jobs shall be restructured to provide easier access by minorities and women. Such jobs shall be made part of a career ladder so that they communicate to the employee the potential for advancement.

 

101.080.    Employee selection process.  All employees shall be selected on the basis of merit.  The City shall endeavor to obtain objective results to demonstrate the merits of the various applicants for any City position. Where written or performance tests are undertaken, they shall be related to the job description and duties required of an employee.

 

  1. All tests and other selection criteria shall be validated according to generally accepted professional standards as specified in federal guidelines on selection.

 

  1. Where appropriate, tests other than paper and pencil varieties shall be used. Experimentation with performance testing will be undertaken.
  2. Overall written tests shall be de-

emphasized.  Written tests shall be used as only one of many factors in the selection decision.

 

  1. Pretest counseling and preparation sessions shall be offered and minority and women candidates shall be encouraged to attend.

 

  1. Retesting shall be permitted as soon as candidates can show reasonable effort to prepare them-selves for such a retest.

 

  1. Open competitive exams shall be scheduled as often as practical.
  2. Application blanks and employer records shall be reviewed and revised to insure all questions not related to job performance or which operate to the detriment of minorities and women are eliminated.

 

  1. Other selection criteria such as physical or education requirements shall be reviewed and revised to insure job relatedness. Specifically this includes, but is not limited to, height and weight requirements, educational degrees, years of work experience, etc.

 

  1. All criteria used in selection shall be the minimum necessary for the job or job class for which the individual is hired. Only where promotion to higher jobs or job classes is expected within a reasonable period of time shall criteria for the higher job be used, and then only when it is unfeasible for us through training programs to prepare the individual for promotion in that time period.

 

  1. Job interviews and/or oral boards shall be carefully structured. To insure uniformity a standard interview form shall be used.  Action taken as a result of the interviews shall be specifically recorded on this form and focused on job related factors only.

 

  1. All interviewers shall be carefully selected and instructed. Where possible minority or women interviewers shall be utilized.

 

  1. Required EEO notices along with information regarding our affirmative action plan shall be conspicuously displayed in all offices where tests and interviews are conducted. In addition, an EEO clause such as those referred to above, shall be included on all application blanks and employee records.

 

101.090.    Promotion, job assignment and termination.

An election for promotion shall conform to all the practices outlined in the preceding Section.

 

  1. Special counseling and career planning shall be given to all minority and women employees to stimulate their interest in promotional opportunities.

 

  1. Where feasible, training shall be set up to enhance Promotability of minorities and women. A tuition refund program shall be established to facilitate women and minorities receiving required education training.
  2. If separate promotional or seniority lists for male and female employees exist, either formally or informally, they shall be abolished. No applicant shall be denied a promotion or job assignment on the basis of sex or any other prohibited criteria.  Applicants shall be given a trial on the job to prove their capability if they are otherwise eligible for the promotion or assignment.  The same policy shall be adhered to in layoff and recall decisions.

 

  1. Records shall be kept indicating the movement of minorities and women within the City relative to promotion, job assignment, layoff, and recall. In every instance written explanations for rejection of minorities and women shall be required and systematically recorded.

 

  1. Employees shall be terminated only for just cause or their own volition. An exit interview will be conducted in the case of voluntary resignations of minorities and women to see if any factors under our control are responsible.  A written record of any such factors disclosed shall be made.

101.100.    Training.  Whenever the City sponsors any training activity, special attention and consideration shall be given to securing the participation of minorities and women.

 

  1. Where jobs can be learned in a short period of time, formal on-the-job training programs shall be instituted to facilitate the movement of women and minority candidates into these positions with minimum qualifications.

 

  1. Where formal training is necessary to qualify an individual for a job, in-house training programs shall be established whenever feasible.
  2. Where formal educational training is required, minority and women candidates shall be encouraged to get such training through the establishment of a tuition refund program.

 

  1. Work schedules of minorities and women employees shall be adjusted to permit the participation in training programs.
  2. Records shall be maintained as to the numbers and percentages of minorities and women applying for and participating in all training programs.

 

  1. Supervisory training programs shall be conducted. The objective shall be to improve supervisory skills relative to working with women and minority employees.

 

  1. Individual counseling of supervisors by the EEO officer shall occur on a regular schedule, particularly for those supervisors responsible for on-the-job training of minorities and women.
  2. Where lack of resources restrict training opportunities that we can offer, we shall seek the cooperation of other employers in requesting local educational institutions to set up training programs so as to increase the numbers of qualified women and minorities in the labor force. 110.    Compensation.  All employees shall be compensated on the basis of equal pay for equal work.

 

  1. Pay rates shall be reviewed particularly in light of the results of the job analysis, reclassification and redesign efforts described above.

 

  1. Pay rates shall be equalized where jobs require substantially equal skill, effort and responsibility.

 

  1. All fringe benefit programs shall be reviewed and revised where necessary to assure that they are equally available to every employee. Particular attention shall be paid to the availability of fringe benefits to female employees, especially in areas such as disability leave for childbirth, retirement systems and insurance programs.

 

  1. Working conditions shall be reviewed to insure that for each job or job classification substantially similar conditions prevail. Specifically, this will include review of work schedules, opportunities for overtime work, scheduling of vacation and other similar items.

 

101.120.    Facilities.  The facilities available to employees shall be examined to ascertain if they, in any way, discriminate on the basis of race, color, creed, sex, or national origin and so forth.  Appropriate steps shall be taken to correct any inequities including “de facto” discrimination.

 

101.130.    Grievance procedures.  An internal grievance procedure shall be set up by the EEO officer to process complaints of alleged discrimination.  The first step of this process shall be arbitration by a neutral third party.  Employees are encouraged to informally seek the advice and counsel of the EEO officer when they suspect they may have been treated in a discriminatory fashion.  The availability and operation of the internal grievance process shall be widely publicized, posted in conspicuous places and described in any communications to employees.

 

101.140.    Work force and labor market analysis.  The City of Holden shall conduct a census of its employees by job class and subunit to assess current utilization patterns for women and minorities.  As part of this survey the City shall also seek to identify currently promotable or transferable minority and women employees.

 

  1. The City shall make a study of its future manpower needs based on expected rates of attrition and employment growth projections.

 

  1. The City shall conduct a study of relevant labor markets to determine the availability of minorities and women with skills and qualifications particularly as they relate to our manpower needs.

 

  1. The City shall study the training capabilities of area education institutions and craft unions as first steps toward increasing the availability of qualified women and minorities.

101.150.    Goals and timetables.  It is the firm commitment of the City of Holden to correct current under-utilization of women and minorities with all deliberate speed.  Based on our analysis we believe it will take a minimum of __________ years to reach this objective.  The overall goal is to correct __________ percent of the imbalance each year.

 

  1. Each year the mayor shall concentrate efforts on the job classifications and subunits where the imbalance and/or greatest potential for employment opportunities of minorities and women exist.

 

 

 

  1. Every subunit in the City shall annually be required to analyze its work force and to set goals for the employment of women and minorities. They shall also be required to identify specific steps they are taking to improve the promotability of current minority and women employees and to identify any women and minorities who are ready for possible promotion in other areas of the City.

 

  1. Every year goals and timetables shall be set to correct imbalances that exist by job classifications. These goals and timetables shall be reflected in the action plans of subunits.

 

  1. Specific annual goals and timetables shall be made for review and revision of current personnel practices and procedures. Responsibilities for accomplishing these goals shall be delegated to appropriate subunits or managers.

 

  1. The EEO officer shall be responsible for insuring that these steps are carried out. He shall annually identify affirmative action priorities and communicate these to all line managers.  He shall also assist the head of each subunit in setting annual goals and timetables.

 

101.160.    Audit and evaluations.  The EEO officer shall continually monitor progress being made in meeting the objectives of this plan.  Where appropriate, periodic revisions in the annual affirmative action plan shall be made.

  1. Each year the EEO officer shall prepare an annual report assessing the performance of the City and its subunits regarding the plan. This report shall include the comprehensive accounting on each action item contained in the plan.  A summary of the report shall be distributed to all employees.

 

  1. The comprehensive report shall become the agenda for a meeting of top level management. Out of this meeting recommendations shall be made concerning the following years of affirmative action effort.
  2. Based on these recommendations and in light of previous experience, the EEO officer shall revise the plan, zeroing in on areas where the greatest deficiencies still remain.

 

  1. The EEO officer shall assist the mayor in formulating a new EEO policy statement each year.

 

  1. The City shall prepare and submit reports to the Equal Employment Opportunity Commission, the Missouri Commission on Human Rights, and to all other appropriate governmental agencies having responsibility for our affirmative action performance.

Chapter 102 – Fair Housing

(ORD # 11-99)

 

Chapter 102–Fair Housing

 

102.010. -Declaration of Policy

 

The City Council of the City of Holden hereby declares it to be the public policy of the City to eliminate discrimination and safeguard the right of any person to sell, purchase, lease, rent or obtain real property without regard to race, sex, color, religion, sex, handicap, familial status, or national origin. This ordinance shall be deemed an exercise of the police powers of the City of Holden, for the protection of public welfare, prosperity, health and peace of the people of Holden, Missouri.

 

102.020-Definitions

 

For the purpose of this ordinance the following terms, phrases, words and their derivations shall have the meaning given herein unless the context otherwise indicates:

 

  1. Person shall include any individual, firm, partnership or corporation.

 

  1. Aggrieved Person shall include any person who is attempting to provide housing for himself and/or his family in the City of Holden, Missouri.

 

  1. Discriminate shall mean distinctions in treatment because of race, sex, color, religion, sex, handicap, familial status, or national origin of any person.

 

102.030-Discriminatory Practices

 

It shall be a discriminatory practice and a violation of this ordinance for any person to;

 

  1. Refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, handicap, familial status, or national origin of any person.

 

  1. Discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex, handicap, familial status, or national origin.
  2. Make, print, or publish, or cause to be made, printed or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status or national origin, or an intention to make any such preference, limitation, or discrimination.

 

  1. Represent to any person because of race, color, religion, sex, handicap, familial status or national origin, that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available.

 

 

  1. For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood or a person or persons of a particular race, color, religion, sex, handicap, familail status, or national origin.

 

  1. Discriminate in the sale or rental of housing on the basis of a handicap of that buyer or renter; a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or any person associated with that buyer or renter. The design and construction of new multi-family dwellings containing four (4) or more units is required to meet certain

adaptability and accessibility requirements in accordance with Section 804 of the 1988 Fair Housing Amendments Act.

 

  1. Discriminate in the sale or rental of housing on the basis of familial status or because a family has children, exempting certain types of buildings that house older persons, (e.g. Section 202 housing) in accordance with Section 807 of the 1988 Fair Housing Amendments Act.

 

102.040-Discrimination in the Financing of a House

 

It shall be unlawful for any bank, building and loan association, insurance company or other corporation, association, firm or enterprise whose business consists in whole or in part in the making of commercial real estate loans, to deny a loan to a person applying therefore for the purpose of purchasing, constructing, repairing, or maintaining a dwelling, or to discriminate against him in the fixing of the amount or conditions of such loan, because of the race, color, religion, sex, handicap, familial status, or national origin of such person or of any person therein associated in connection with such financing.

 

102.060-Administration

 

  1. There is hereby created a Fair Housing Committee whose membership shall consist of five members, who shall be appointed by the Mayor of the City with the approval of the City Council.

 

  1. Every complaint of a violation of this ordinance shall be referred to the Fair Housing Committee. The Fair Housing Committee shall forthwith notify the person against whom the complaint is made.  The identity of the aggrieved person shall be made known to the person against whom the complaint is made at that time.  If the Fair Housing Committee, after investigation, finds there is no merit to the complaint, the same shall be dismissed.  If the Fair Housing Committee finds that there is merit in the complaint, in their opinion, then and in that event, the Fair Housing Committee will endeavor to eliminate the alleged discriminatory practice by conference and conciliation.

 

  1. If the Fair Housing Committee is unable to eliminate the alleged discriminatory practice by a conference and conciliation, then in that event, the Fair Housing Committee shall forward said complaint to the City Attorney for handling. The final determination of whether or not to prosecute on said complaint shall be left to the City Attorney.

 

 

 

 

 

  1. Nothing in this ordinance shall be construed in such manner as to limit administrative enforcement mechanisms and recourse against alleged discriminatory housing practices through the U.S. Department of Housing and Urban Development, as specified under Section 810 of the Fair Housing Act as amended effective March 12, 1989, or through the Missouri Commission on Human Rights, as specified in applicable state status.

 

102.070-Enforcement

 

  1. Any person convicted in Municipal Court of a violation of this ordinance shall be punished by a fine of (not more than) $500.00, or by confinement in the City Jail for (not more than) 90 days, or by both such fine and imprisonment.

 

  1. The City Attorney, instead of filing a complaint in Municipal Court of said city, may, as an alternative remedy, seek to have the alleged discriminatory practices abated by an action for an injunction to be maintained in the appropriate Circuit Court of the State of Missouri.

 

102.080-Severability

 

If any section, subsection, paragraph, sentence, clause, or phrase of these standards shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this ordinance which shall continue in full force and effect.  To this end the provisions of this ordinance are hereby declared to be severable.

 

102.090-Savings Clause

 

This ordinance shall not affect violations of any other ordinance, code or regulation of the City of Holden existing prior to the effective date hereof.  Any such violations shall be governed and shall continue to be punishable to the full extent of the law under the provisions of those ordinance, codes, or regulations in effect at the time the violation was committed.

Chapter 103 – Parades

Chapter 103–Parades

 

103.010.    Short title.  This Chapter shall be known and may be cited as the “Parade Ordinance” of the City of Holden, Missouri.

 

103.020.    Definitions.

 

  1. Parade is any parade, march, ceremony, show, exhibition, pageant or procession of any kind, or any similar display, in or upon any street, park or other public place in the City.

 

  1. Parade permit is a permit as required by this Chapter.

 

  1. Person is any person, firm, partnership, association, corporation, company or organization of any kind.

 

103.030.    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 City Council.

 

103.040.    Exceptions.  This Chapter shall not apply to:

 

  1. Funeral processions.

 

  1. Students going to and from school classes or participating in educational activities, providing such conduct are under the immediate direction and supervision of the proper school authorities.

 

  1. A governmental agency acting within the scope of its functions.

 

103.050.    Application.  A person seeking issuance of a parade permit shall file an application with the chief of police on forms provided by such officer.

  1. Filing period. An application for a parade permit shall be filed with the chief of police not less than five (5) days or more than thirty (30) days before the date on which it is proposed to conduct the parade.

 

  1. The application for a parade permit shall set forth the following information:

 

  1. The name, address and telephone number of the person seeking to conduct such parade.

 

  1. If the parade is proposed to be conducted for, on behalf of, or by an organization, the name, address and telephone number of the headquarters of the organization and of the authorized and responsible heads of such organization.

 

  1. The name, address and telephone number of the person who will be the parade chairman and who will be responsible for its conduct.

 

  1. The date when the parade is to be conducted.

 

 

  1. The route to be traveled, the starting point and the termination point.

 

  1. The approximate number of persons who, and animals and vehicles which, will constitute such parade; the type of animals, and description of the vehicles.

 

  1. The hours when such parade will start and terminate.

 

  1. A statement as to whether the parade will occupy all or only a portion of the width of the streets proposed to be traversed.

 

  1. The location by streets of any assembly areas for such parade.

 

  1. The time at which units of the parade will begin to assemble at any such assembly area or areas.

 

  1. The interval of space to be maintained between units of such parade.

 

  1. If the parade is designed to be held by, and on behalf of or for, any person other than the applicant, the applicant for such permit shall file with the chief of police a communication in writing from the person proposing to hold the parade, authorizing the applicant to apply for the permit on his behalf.

 

  1. Any additional information which the chief of police shall find reasonably necessary to a fair determination as to whether a permit should be issued.

 

  1. Late applications. The chief of police, where good cause is shown therefore, shall have the authority to consider any application hereunder which is filed less than five (5) days before the date such parade is proposed to be conducted.

 

103.060.    Standards for issuance.  The chief of police shall issue a permit as provided for hereunder when, from a consideration of the application and from such other information as may otherwise be obtained, he finds that:

 

  1. The conduct of the parade will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route.
  2. The conduct of the parade will not require 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 as to prevent normal police protection to the City.

 

  1. The conduct of such parade will not require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of the City other than that to be occupied by the proposed line of march and areas contiguous thereto.

 

 

 

 

 

  1. The concentration of persons, animals and vehicles at assembly points of the parade will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such assembly areas.

 

  1. The conduct of such parade will not interfere with the movement of fire-fighting equipment enroute to a fire.

 

  1. The conduct of the parade is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct or create a disturbance.

 

  1. The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays enroute.

 

  1. The parade is not to be held for the sole purpose of advertising any product, goods or event, and is not designed to be held purely for private profit.

 

103.070.    Notice of rejection.  The chief of police shall act upon the application for a parade permit within thirty (30) days after filing thereof.  If the chief of police disapproves the application, he shall mail to the applicant within thirty (30) days after the date upon which the application was filed, a notice of his action, stating the reasons for his denial of the permit.

103.080.    Appeal procedure.  Any person aggrieved shall have the right to appeal the denial of a parade permit to the City Council.  The appeal shall be taken within thirty (30) days after notice.  The City Council shall act upon the appeal within thirty (30) days after its receipt.

103.090.    Alternative permit.  The chief of police, in denying an application for a parade permit, shall be empowered to authorize the conduct of the parade on a date, at a time or over a route different from that named by the applicant.  An applicant desiring to accept an alternate permit shall, within three (3) days after notice of the action of the chief of police, file a written notice of acceptance with the chief of police.  An alternate parade permit shall conform to the requirements of and shall have the effect of a parade permit under this Chapter.

 

103.100.    Notice to city and other officials.  Immediately upon the issuance of a parade permit, the chief of police shall send a copy thereof to the following:

 

  1. The mayor.

 

  1. The city attorney.

 

  1. The fire chief.

 

  1. The director of the department of streets.

 

  1. The postmaster.

 

  1. The general manager or responsible head of each public transportation utility, the regular routes of those whose vehicles will be affected by the route of the proposed parade.

 

103.110.    Contents of permit.  Each parade permit shall state the following information:

 

  1. Starting time.

 

  1. Minimum speed.

 

  1. Maximum speed.

 

  1. Maximum interval of space to be maintained between the units of the parade.

 

  1. The portions of the streets to be traversed that may be occupied by the parade.

 

  1. The maximum length of the parade in miles or fractions thereof.
  2. Such other information as the chief of police shall find necessary to the enforcement of this Chapter.

103.120.    Duties of permit tee.  A permit tee hereunder shall comply with all permit directions and conditions and with all applicable laws and ordinances.