HomeMy WebLinkAboutOrdinances - MC-07-931 - 07/17/2007 - AMEND UPDATE MC CH 15 PARADES PROCESSIONS AND PUBOrdinance No MC-07- 931
An Ordinance providing for updates to
Chapter 15 of the City of McHenry Municipal Code
BE IT ORDAINED by the CITY COUNCIL of the CITY OF MCHENRY, McHenry County,
Illinois as follows:
SECTION 1: That Chapter 15 Parades, Processions and Public Gatherings of the City of
McHenry Municipal Code is hereby repealed and replaced with the following:
MUNICIPAL CODE
CHAPTER 15
PARADES, PROCESSIONS AND PUBLIC GATHERINGS
Sec. 15-1. Definitions.
As used in this Chapter:
Chief of Police means the Chief of Police of the city.
Parade means 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.
Parade Permit means a permit as required by this Chapter.
Sec. 15-2. Permit required.* * Cross Reference - Permits generally, Ch. 12.
No person shall engage in, participate in, aid, form or start any parade, unless a parade permit shall have
been obtained from the Chief of Police.
Sec. 15-3. Exceptions.
This Chapter shall not apply to:
(a) Funeral processions;
(b) Students going to and from school classes or participating in educational activities,
providing such conduct is under the immediate direction and supervision of the proper
school authorities;
(c) A governmental agency acting within the scope of its functions.
Sec. 15-4. Permit application required.
A person seeking issuance of a parade permit shall file an application with the Chief of Police on forms
provided by such officer.
Sec. 15-5. Application filing period.
An application for a parade permit shall be filed with the Chief of Police not less than thirty (3-0) days
nor more than sixty (60) days before the date on which it is proposed to conduct the parade.
Sec. 15-6. Application contents.
The application for a parade permit shall set forth the following information:
(a) The name, address and telephone number of the person, or organization seeking to
conduct such parade;
(b) 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 shall be provided,
(c) The name, address and telephone numbers of the person who will be the parade chairman
and who will be responsible for its conduct;
(d) The date when the parade is to be conducted;
(e) A Map indicating the route to be traveled, the starting point and the termination point;
(f) The approximate number of persons who, animals and vehicles which, will constitute
such parade; the type of animals, and description of the vehicles;
(g) The hours when such parade will start and terminate;
(h) A statement as to whether the parade will occupy all or only a portion of the width of the
streets proposed to be traversed;
(i) The location by streets of any assembly areas for such parade;
(j) The time at which units of the parade will begin to assemble at any such assembly area or
areas;
(k) 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,
(m) A certificate of insurance in the amount of $1, 000, 000 general liability and bodily
injury, for each occurrence, naming the City of McHenry as additionally insured shall
be provided;
(n) Any additional information which the Chief of Police shall find reasonably necessary to a
fair determination as to whether a permit should issue.
Sec. 15-7. Late applications.
'The Chief of Police, where good cause is shown therefor, shall have the authority to consider any
.application hereunder which is filed less than thirty (39) days before the date such parade is proposed to
be conducted.
Sec. 15-8. Permits from other jurisdictions.
In the event any state or other government agency permit shall be required to conduct the parade, it shall
be the applicant's responsibility to secure such permit, and not the responsibility of the City.
Sec. 15-9. Time for action on application; notice of denial.
The Chief of Police shall act upon the application for a parade permit within ten (4-8) days after the filing
thereof. If the Chief of Police disapproves the application, he shall mail to the applicant, within fifteen
(1-5) days after the date upon which the application was filed, a notice of his action, stating the reasons
for his denial of the permit.
Sec. 15-10. Standards for permit 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:
(a) The conduct of the parade will not substantially interfere or interrupt the safe and orderly
movement of other traffic contiguous to its route;
(b) 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;
(c) 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;
(d) The concentration of persons, animals and vehicles at assembly points of the parade will
not unduly interfere with proper fire and police protection for, or ambulance service to,
areas contiguous to such assembly areas;
(e) The conduct of such parade will not interfere with the movement of fire -fighting
equipment enroute to a fire;
(f) The conduct of the parade is not reasonably likely to cause injury to persons or property,
to provide disorderly conduct or create a disturbance.
(g) The parade is scheduled to move from its point of origin to its point of termination
expeditiously and without unreasonable delays enroute;
(h) 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.
Sec. 15-11. Appeal from denial.
Any person aggrieved shall have the right to appeal the denial of a parade permit to the City Council.
The appeal shall be taken prior to the next regular meeting of the City Council, and the City Council
shall act upon the appeal at its next such regular meeting.
Sec. 15-12. Alternative permits.
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 ten (-" 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.
Sec. 15-13. Contents of permit.
Each parade permit shall state the following information:
(a) Starting time;
(b) Minimum speed;
(c) Maximum speed;
(d) Maximum interval of space to be maintained between the units of the parade;
(e) The portions of the streets to be traversed that may be occupied by the parade;
(f) The maximum length of the parade in miles or fractions thereof,
(g) The anticipated duration of the parade, including the proposed concluding time;
(h) Such other information as the Chief of Police shall find necessary to the enforcement of
this Chapter.
Sec. 15-14. Compliance with permit, laws, ordinances.
A permittee hereunder shall comply with all permit directions and conditions and with all applicable
laws and ordinances.
Sec. 15-15. Duty to carry permit.
The parade chairman or other person heading or leading shall carry the parade permit upon his person
(luring the conduct of the parade.
Sec. 15-16. Interference.
No person shall unreasonably hamper, obstruct or impede, or interfere with any parade or parade
assembly or with any person, vehicle or animal participating or used in a parade.
Sec. 15-17. Driving through parades.
No driver of a vehicle shall drive between the vehicles or persons comprising a parade when such
vehicles or persons are in motion and are conspicuously designated as a parade.
Sec. 15-18. Parking on parade route.
The Chief of Police 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 parade. The Chief
of Police shall post signs to such effect, and it shall be unlawful for any person to park or leave
unattended any vehicle in violation thereof. No person shall be liable for parking on a street unposted in
violation of this Chapter.
SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this
Ordinance shall be adjudged by any Court of competent jurisdiction to be invalidate or nullify the
remainder thereof, which remainder shall remain and continue in full force and effect.
SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed to
the extent of such conflict.
SECTION 4: This Ordinance shall be in full force and effect upon its passage, approval and
publication in pamphlet form (which publication is hereby authorized) as provided by law.
Passed and Approved this 7Tcay of September, 2007.
Voting Aye: SANTI, GLAB, SCHAEFER, MURGATROYD, WIMMER, PETERSON, CONDON.
Voting Nay: NONE
Not Voting: NONE
Absent: NONE
Abstain: NONE
APPROVED:
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ayor
( SEAL)
ATTEST: <c-1- C.. .
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