05-220 �
SUBSTITUTE - JUNE 22, 2005
(Amended)
ORDINANCE
OF SAINT PAUL, MINNESOTA
Presented By
Referred To
Council File # 0>;-220
Ordinance #
Green Sheet # 3025403
41
Committee Date •
An ordinance to amend
Chapter 366A of the
Saint Paul Legislative Code
BE IT ENACTED BY THE COUNCIL OF THE CITY OF SAINT PAUL:
Section 1
Chapter 366A of the Saint Paul Legislative Code is hereby amended to read as follows:
Cha�ter 366A. Parade's, Races and Public Assemblies.
Sec. 366A.01. Permit Required.
� No person shall enga¢e in or conduct anv parade, race or public assemblv without
a nermit issued by the chief of police.
b� This section does not applv to National Night Out neighborhood gatherinQS.
Sec. 366A.02. Definitions.
� Chie�fPolice means the chief of police of the citv of Saint Paul or his/her
designee•
�b,2 Citv means the citv of Saint Paul.
{� Parade means any march. demonstration, procession, or motorcade, consisting of
persons animals or vehicles ar a combination thereof upon the streets sidewalks or other
public grounds within the ciry that interferes with the normal flow or regulation of tr�c
�on the streets, sidewalks or other �ublic grounds.
� Parade, race or public assembly�ermit means a permit as required bv this
Ordinance.
� Person means any�erson. firm. partnership, association, corpora� n, com ��anv or
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or¢anization of anv kind.
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f� Public assemblv means any meeting�demonstration, picket line, ra11 ��or gatherin�
of more than twenty-five (251 persons for a common �urpose as a result of rior plannin¢
in ar upon any street, sidewalk ar other public erounds in a place open to the e�
uP blic•
8 � Race means anv scheduled public event or ¢atherin¢ of persons for athletic events
9 that move from one location to another such as bicvcle or n,nn;n� races.
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�h Sidewalk is anv azea or wav set aside or open to the eeneral public for purposes of
pedestrian traffic, whether or not it is paved.
� Street is any_place or wav set aside or open to the ¢eneral nublic for purposes of
vehicular tr�a including anv berm or shoulder pazkwav, ri¢ht-of-wav or median strip
thereof.
Sec. 366A.03. Exceptions.
The pernut rec�uirement described in Section 366A.01 shall not appiy to the followin¢:
�a,2 Funeral vrocessions:
�b Students eoin¢ to and from school classes or participatine in educational activities,
provided that such conduct is under the immediate direction and supervision of the proper
school authorities•
� A povernmental atencv acting within the scope of its functions; and
�d,2 Parades, races or public assemblies in parks, which are ¢overned bv Leeislative
Code Chapter 170.
Sec. 366A.04. A�pGcation.
� A person seekin�a narade, race or public assemblv permit shall file an application
with the chief of nolice on forms provided by such officer and the application shall be
sig_ned b t�prolicant under oath. In order to ensure the fimei�ppeal in the event of a
permit denial, it is recommended that applications be filed at least sixtv (60La�prior to
the event. Nevertheless, any apnlication filed within the minimum filine oeriods
prescribed in subsecfion Lb) below, shall be�rocessed during business hours.
�b For single, non-recurringparades, races or public assemblies. an appiication for a
permit shall be filed with the chief of police as follows:
� At least seven (71 business days in advance of the proposed event for
pazades or races of less than 200 participants and less than 30 vehicles and
animals;
� At least ten (10) business da� in advance of the proposed event for parades
or races of 200 or more participants, or 30 or more vehicles and animals:
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1 � At least five (51 calendar days in advance of the proposed event for up blic
2 assemblies of less than 100 participants which will not interfere with the
3 normai flow or reeulation of vehicular tr�c;
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5 � At least seven (7� business days in advance of the pronosed event for public
6 assemblies of 100 or more participants or which will. regardless of size.
7 interfere with the normal flow or re�ulation of vehiculaz traffic;
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�5,2 No application shall be filed more than one hundred ei�ty (1801 days
before the parade, race or public assemblv is �roposed to commence.
�6,� The chief of police may waive the minimum filin� periods set forth above
and accept an application filed within a shorter period if, after due
consideration of the date, time, �lace and nature of the pazade, race or public
assemblv, the anticipated number of participants, and the citv services
reauired in connection with the event, the chief of police determines that the
waiver will not present a ha�ard to public safetv. When deternunin�
whether to waive the minimum filingperiod, the chief of police may not
consider the speech content of the event.
� For pazades, races or public assemblies held on a regulaz or recurrine basis at the
same location, an applicafion for a roermit coverine all such pazades. races or un blic
assemblies durin¢ that calendaz veaz may be filed with the chief of police at least sixtv (601
and not more than one hundred ei�htv (1801 days before the date and time at which the first
such parade, race or public assemblv is proposed to commence. The chief of police mav
waive the minimum sixty (601 da�period after due consideration of the factors specified in
subsection (bl(61 above.
�d,2 The application for a parade, race or nublic assemblypermit shall set forth the
following informafion:
�1,2 The name, address and telephone number of the person seeking to conduct
such pazade, race or uublic assemblp; this person should be the person in charge or
chairperson of the parade. race orpublic assembly;
� The names, addresses and telephone numbers of the headquarters of the
oreanization for which the pazade, race or public assemblv is to be conducted, if
any, and the authorized and responsible heads of the org_anization;
�3,� The rec�uested date of the parade, race or public assembly;
�4,� The location of the parade. race or public assemblv and the route to be
traveled. includin¢ the starting�oint and the termination point;
� The hours when such pazade, race or nublic assemblv will start and
terminate:
� The statement as to whether the pazade, race or public assemblv will occupy
all or only a oortion of the width of the streets �roposed to be traversed;
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�7,� The location bv street of anv assemblv azeas for such parade. race or public
assemblv:
� The time at which units of the pazade. race or public assemblv will beein to
assemble at anv such area:
�9,2 The intervals of sDace to be maintained between units of such parade or
nublic assemblv:
1�0� If thepazade. race or public assemblv is desiened to be held bv, or on behalf
of, an��erson other than the applicant, the appiicant for such permit shall file a
letter from tha�erson with the chief of police authorizins the applicant to applv for
the permit on his behalf;
1�1,� The type of pazade, race or public assemblv, including a description of
activities planned during the event;
12 A description of anv sound amplification equipment to be used in
connection with the parade, race or public assemblv;
� The appro�mate number of participants (spectators aze bv definition not
U�TC1Ci pantsl, includine the type and number of an'vnals and vehicles;
{� The approximate number of spectators reasonablv anticipated;
� A desi¢nation of any�ublic facilities or equipment to be utilized;
� Where the event is in an area coverine two blocks or less of sidewalks,
streets or other public properl�the addresses of anv properties that abut the location
of the parade. race or public assemblv;
� Anv additional information that the chief of police finds reasonably
necessarv to a fair deterxnination as to whether a permit should issue.
Sec. 366A.05. Fees.
� A non-refundable fee of ten dollars f$10) to cover administrative costs of processing
the nermit shall be paid to the city of Saint Paul bv the applicant when the application is
filed.
�b If the applicarion is for the use of anv citv propertv or if anv city services shall be
required for the �arade, race or public assemblv. the applicant sha11 pav, prior to the
issuance of a permit, the charees for those services in accordance with a schedule of service
costs approved bv the citv council b,�esolution.
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*�.° ^r^^°,�+�, ^«mA*� ^f*w= addresses of an�properties that abut the location of the
parade, race or public assembly, have received notification of the event; and
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1 � The chief of police shall deternune whether. and to what eatent, additional police
2 protection is reasonabiv necessar f�pazade, race or public assemblv for tr�c control
3 and public safetv. The chief of police sha11 base this decision on the following factors:
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a.
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The number of streets or sidewalks to be con�olled and/or closed;
The type of street or sidewallc to be controlled and/or closed, which
shall take into consideration the vehicular and pedestrian traffic flow
on the street or sidewallc;
The time of day and day of week of the event;
The amount of vehiculaz and �edestrian traffic required to be
rerouted as a result of the event;
The number of electric traffic control devices that aze required to be
operated manuallv bv oolice o�cers as a result of the event:
The number of trafficlpedestrian control cones and pazade barricades
that aze required to be used as a result of the event;
The characterisrics of the event and the area of the event to include
the type and volume of the event tr�c and the speed limits of the
area. The t}�e of traffic could include, but is not limited to, types of
vehicles, pedestrian, and animals in the event; and
The number of supervisors with the requirement that there be at least
one supervisor if there are five (5) or more officers assigned to the
event.
�2,2 Event control point
a. The number and size of intersections to be controlled or closed; and
b. The number of supervisors required as set forth above:
�3,� Event
a. Whether or not the sponsors aze requestine a ceremonial parade
escort�
b. The size of the event in terms of the number of participants.
spectators, vehicles and anunals;
c. The time of dav and day of week of the event;
d. The number of residences and businesses that are affected b�
event; and
e. The type of intersections that are affected bv the event.
�4,� Disbandine
a. Size and characteristics of the event.
� The speech content of the event shall not be a factor in determinin¢ the amount of
nolice protection necessary for the purposes of assessine a fee.
� If possible. without disruption of ordinal�police services or compromise of public
safety, regulazly scheduled on-duty_personnel wiil police the event. If addifionalpolice
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protection for the event is deemed necessary by the chief of police uoon consideration of
the factors set forth in subsecfion (c), he shall so inform the applicant for the �ermit. The
annlicant must then pav for the addifional police services at the established formula rates.
The established forxnula rate for regular on-dutv officers is regulaz salary. plus reeular
frin�e benefits. plus regulaz worker compensafion. The established formula rate for
overtime officers is overtime salarv, nlus overtime frin�e benefits. plus overtune worker
com�ensation All formula salary and frinee benefit rates are established at the ten veaz
rate for each officer's rank_ as found in the current Saint Paul Police Federation A�reement
plus the current worker com�ensation rates for the police department.
Sec. 366A.06. Standards for Issuance.
� The chief of nolice shall issue a pemut as provided for herein when, from a
consideration of the applicarion and from such other information as mau otherwise be
obtained, he finds that:
� The conduct of the pazade, race or public assembly will not substantiallv
intemtpt the safe and orderlv movement of other pedestrian or vehicular traffic
contieuous to its route or location;
� The conduct of the pazade, race or public assemblv will not rec�uire the
diversion of so ereat a number of city_police officers to prooerlv oolice the line of
movement and the azeas contieuous thereto that the denlovment of police services
for the pronosed parade. race or public assemblv would have an immediate and
adverse effect upon the welfaze and safet ��of �ersons and �roueriv;
� The concentration of vehicles, persons and animals at public assembly
points of the pazade, race or public assembly will not undulv interfere with proper
fire and police protection of, or ambulance service to, azeas conti�uous to such
pazade, race or public assemblv;
� The conduct of the narade, race ar public assembly is not reasonabl l�ly
to cause injurv to roersons or proroertv and wiil not, on its face. violate anv federal,
state or city law, re�ulation, or ordinance:
� The pazade, race or public assembly is scheduled to move from its point of
oriein to its ooint of termination expeditiousl�and without unreasonable delays en
ro�
� Adequate sanitation and other required health facilities are or will be made
available in or adjacent to an�pazade, race or �ublic assembly azeas;
� There aze sufficient pazkingplaces near the be inning and end sites of the
oarade, race or public assembly to accommodate the number of vehicles reasonablv
exnected;
� The applicant has paid all fees required under Section 366A.05;
�9,� No parade. race or oublic assembly ep rmit aprolication for the same time and
location is alreadv �ranted, or has been received and will be granted, and no event
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listed in Section 366A .03 is alreadv scheduled for the same rime and location;
3 10 The conduct of the parade, race or public assemblv will not interfere with
4 previously scheduled construction or maintenance �rojects upon or alon�streets ar
5 sidewalks•
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11 No roazade. race or public assemblypermit a�plication for the same tune but
different location is alreadv ¢ranted or has been received and will be eranted, and
the police resources required for that prior pazade, race or public assembl�are so
great that in combination with the subsequent proposed permit, the resulting
�lovment of police services would have an immediate and adverse effect upon the
welfaze and safet ��of persons and propert�and
� No event is scheduled elsewhere in the citv where the police resources
r�uired for that event aze so �reat that the denlovment of police services for the
ororoosed parade, race or public assemblv would have an immediate and adverse
effect upon the welfare and safetv of persons and propert�
�b No permit sha11 be granted that allows for the erection or placement of any shucture.
whether permanent or temporarv, on a citv street, sidewalk or right-of-wav unless advance
approval for the erection or replacement of the structure is obtained from the cit�ouncil.
(cl No permit shall be granted that allows a roarade, race or uublic assembly to occur
between the hours of 11:00 n.m. and 7:00 a.m.
� In determining whether to grant or den�permit, the chief of police shall not
consider:
� The content of the sroeech, message, views or exnression of the narade. race
or oublic assembl o�participants;
� The potential conduct of spectators and other non-UartlClpants in res ono se or
reaction to the content of the speech, message, views ar expression of the parade,
race or public assemblv or its participants.
Sec. 366A.07. Non-Discrimination.
The chief of police sha11 uniformlv consider each application uuon its merits and shall not
discriminate in granring or denying.permits under this ordinance based upon speech content or
u�on oolitical, relieious, ethnic, race, disability, seaual orientation or eender related gr�ds.
Sec. 366A.08. Notice of Grant or Denial of Agnlication.
� The chief of police shall act promptiv upon a timely filed application for a parade,
race or public assembl�pernut but in no event shall erant or denv a permit less than foriv-
ei¢ht (481 hours �rior to the event. Ap�plications filed more than thirt�(301 days in advance
of the proroosed event shall be processed within seven (7�ys. Apulicarions filed more
than sixtv (601 davs in advance of the event shall be processed within twen -one (211 days.
b� If the chief of police waives the minunum filine neriod and acceots for urocessing
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an untimely application, he shall act upon the application as ex�editiously as possible, but
must erant or den�e pernrit nrior to the commencement of the �roposed event.
4 � If the chief of police disapnroves the an�licarion. he shall promptl�otifv the
5 aQnlicant of his action in writing. either by personal deliverv or certified mail, and state the
6 reasons for denial.
Sec. 366A.09 Alternative Permit.
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� The chief of police, in denvinE an application for a parade. race or public assemblv
pernut, mav authorize the conduct of the parade, race or public assembly at a date, time.
location, or route different from that named by the applicant. An apvlicant desirin� to
accept an alternate uernut shall, within five (5) davs after notice of the action of the chief of
police, file a written notice of acceptance with the chief of olice.
�b An altemate pazade, race or public assemblv permit shall conform to the
requirements of, and shall have the effect of, a roazade, race or public assemblv permit
issued under this ordinance.
Sec. 366A.10 Appeai Procedure.
�a,2 Any annlicant shall have the ri2ht to appeal the denial of a parade, race or �ublic
assembly nermit to the city council. The denied applicant shall make the appeal within five
L51 days after receipt of the denial b�ng a written notice with the chief of police and a
coov of the notice with the citv clerk. The citv councii sha11 act upon the a�peal at the next
scheduled meefing followint receipt of the notice of anpeal•
j�b In the event that the citv council rejects an applicanYs appeal, the applicant mav file
an immediate request for review with a court of competent jurisdiction.
Sec. 366A.11 Notice to Citv and Other Officials.
Immediatel�pon the issuance of a pazade, race or public assembl�permit, the chief of
police shall send a copy thereof to the followin¢:
� The ma,�
� The fire chief:
� The director of the department of public works;
� The manaeer or responsible head of the metropolitan transit commission; and
� The Citv Council
Sec. 366A.12. Contents of Pernait.
Each �arade. race or public assembly permit sha11 state the followine information:
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Starting and approximate endin time;
Minimum speed of pazade units;
Maximum s en ed of uazade units;
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� Maximum interval of space to be maintained between pazade units:
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�e,2 The portions of the streets that mav be occupied bv the �arade, race or public
assemblv:
�f The maximum leneth of the oazade or race in miles or fractions thereof: and
(gZ Such other information as the chief of police shall find necessary to the enforcement
of this ordinance.
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Sec. 366A.13. Duties of Permitted.
� A nernutted hereunder shall comply with all permit directions and conditions and
with all applicable laws and ordinances: and
b� The parade, race or public assemblv chairperson or other person in char�e of such
activity shall caxr�pazade, race or public assembiy eU rm1Y U�on their person durina the
conduct of the pazade. race or nublic assembly.
See. 366A.14. Prohibitions.
The followin�nrohibitions shall ap�l,v to all parades, races and �ublic assemblies:
�a,2 It shall be unlawful for anyy�erson to sta�e, present or conduct an�parade. race or
public assemblv without first having obtained a permit as herein provided;
�b,� It shall be unlawful for any nerson to participate in a parade, race ar public assemblv
for which the nerson knows a permit has not been rg anted:
� It shall be unlawful for the chairperson or anyperson in charge of. ar responsible for
the conduct of, a duly licensed parade, race or public assembly to lrnowingiv fail to complv
with anv condition of the permit;
�d,2 It shali be unlawful for an�person to enta ee in an�parade, race or public assembiv
activity that would constitute a substantial hazazd to the nublic safetv or that would
materiallv interfere with or endan¢er the public neace or rights of residents to the �et and
oeaceful enjoyment of their �ro e�rt�
� It shall be unlawful for any person participatine in any �arade, race or public
assembly to cany or uossess any leneth of inetal, lumber, wood, or similar material for
purposes of displavine a sign, oster, l�aque or notice. unless such object is one-fourth inch
(i/4"Zor less in thiclmess and two inches (2") or less in width, or if not ¢enerally
rectangular in shape, such object shall not exceed three-fourths inch (3/4") in its thickest
dimension•
�f It sha11 be unlawful for anv person participatin in a oazade, race or public assemblv
to utilize sound amplification equipment at decibel levels that exceed those limits imposed
bv federai, state or city law, regulation, or ordinance; and
� It sha11 be unlawful for any_person to ride, drive, or cause to be ridden or driven, anv
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animal or anv aniinal-drawn vehicle upon any public street, unless specificallv authorized
bv the permit.
Sec. 366A.15. Public Conduct During Parades. Races or Public Assemblies.
� No person sha11 unreasonabiv hamper, obstruct or impede, or interfere with any
pazade, race or public assemblv or with any�erson, vehicle or a.uimal partiClpatine or used
in a parade. race or pubiic assemblv:
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b� No driver of a vehicle shall drive between the vehicles or persons compn•Sing a
pazade, race or public assemblv when such vehicles or persons are in motion and aze
conspicuouslv desienated as a nazade. race or public assemblv: and
� The chief of roolice shall have the authoritv, when reasonablv necessary, to prohibit
or restrict the nazking of vehicles alon¢ a street constituting a part of the route of a parade
race or public assembly. The chief of police shall post signs to that effect, and it shall be
unlawful for anyperson to pazk or leave unattended anv vehicle in violation thereo£ No
person shall be liable for pazkine on a street unposted in violation of this ordinance.
Sec. 366A.16. Revocation of Permit.
The chief of police shall have the authoritv to revoke a parade, race or public assemblv
nermit instantl�pon violation of the conditions or standards for issuance as set forth in this
ordinance or when a uublic emereency arises where the police resources required for that
emereency aze so ereat that de�loyment of police services far the pazade, race or public assembly
would have an immediate and adverse effect upon the welfare and safety of persons or pro�ertv.
Sec. 366A.17. Penalties.
Any_person violating the provisions of anv section of this ordinance sha11 be euiltv of a
misdemeanor.
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Sec. 366A.18. 5everabilitv.
If anv section, subsecrion, sentence. clause or phrase of this ordinauce is for anv reason held
invalid or unconstitufionai bv the decision of any court of com�etent jurisdiction. such decision
shall not affect the validitv of the remaining_portions of this ordinance.
Section 2
This ordinance shall take effect and be in force thirty (30) days from and after its passage,
approval and publication.
Requested by Department of:
Form Approved by City Attorney
Adopted
Adoption
Approved by Mayor for Submission to Council
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
PD — police Departrnent
Conpct Person 8 Phone:
Chief John Harrington
2665588
on Council Agenda by (Date):
Green Sheet NO: 3025403
Deoartrnent Sent To Person InitiaVDat�
0 olice De rtment
1 oliceDe arhnent De arhneotDirector
2 i Attorn _��
3 a or's OtTice Ma or/ASSistant
4 uncil
5 i Cierk Ci Clerk
Total # of Signatur Pages �(Clip All Locations for Signature)
Action Requested:
Approval of changes to City Ordinance Chapter 366A, Mazches, Demonstrations, and Public Gatherings.
�; .;.
idations: Approve (A) or F
Planning Commission
CIB Committee
Civil Service Commission
Personal Service
the Following Questions:
1. Has this person/firm ever worked under a contract for this department?
Yes No
2. Has this person/firm ever been a ciry employee�
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
We are requesting a change in City Ordinance Chapter 366A, Marches, Demonstrations, and Public Gatherings to add new language.
(See greensheets #302583 and #302584.)
AdvantayeslfApproved:
Will allow the police department to better cover the costs associated with issuing the permits, and deployment of police personnel.
Will better assure equity in the process of issuing permits.
DisadvanWges If Approved:
None.
/ .
"'' 1 • l#
Disadvantages If Not Approved: �
Police will not be able to cover costs associated with these permits and evenu.
Total Amount of
Transaction:
FundinA Source:
Date Initiated:
25-FEB-05
�
Assign
Number
For
Routing
Order
CostlRevenue Budgeted:
Activity Number:
Financial Information:
(Explain)
T . �
�]�'iwi# � +4,�.u. . . , � , +.1K
`'� � i ���'.
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/—l/'YJP�'.rO�O - � % �. o�dOS
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Council File # �S - a �
Ordinance #
GreenSheet# 3025403
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
Presented
Referred To
Committee Date :
An ordinance to amend
Chapter 366A of the
Saint Paul Legislativee Code
BE IT ENACTED BY THE
Chapter 366A of the Saint Paul
Sec. 366A.01. Permit Rec�uired.
pernut issued by the chief of o� lice•
Sec. 366A.02. Definitions.
(� C�
desimee.
b� Citv means the city of Saint Paul.
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Code is hereby amended to read as follows:
unon the streets, sidewalks or other nublic �rounds•
� Parade race or public assembl� permit means a permit as required bv this
Ordinance.
� Person means an`
oru_anization of anv kind.
OF THE CITY OF SAINT PAUL:
Section 1
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1 f� Public assemblv means any meetine, demonstration, picket line, rallv or eathering
2 of more than twentv-five (25) nersons for a common puruose as a result of prior nlanuiug
3 in or u�on anv street, sidewalk or other public Qrounds in �lace open to the �eneral
4 up blic_
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(gl Race means anv scheduled public event or eathering of persons for athletic events
that move from one location to another such as bicvcle or mnnin� races.
t�i Sidewalk is anv area or wa�set aside or open to the e�eral public for nurposes of
pedeshian traffic, whether or not it is paved.
� Street is any place or wav set aside or o�en to the general public for�umoses of
vehicular traffic includins anv berm or shoulder parkway ri t-of-wav or median shi�
thereof.
Sec. 366A.03. Exce tions.
The permit requirement described in Section 366A Ol shall not applv to the followine•
� Funeral processions;
b� Students goin� to and from school classes or partlClpatin2 in educational acrivities,
provided that such conduct is under the immediate direction and supervision of the proper
school authorities•
� A eovemmental a¢ency actine within the scone of its functions; and
{� Pazades, races or public assemblies in pazks, which are governed b�Le 'slei ative
Code Chapter 170.
Sec. 366A.04. Apnlication.
� A nerson seekin�a parade, race or public assembiy�ermit shall file an a�plicafion
with the chief of police on forms �rovided by such officer and the application shall be
si ed bv the applicant under oath. In order to ensure the timel�ppeal in the event of a
permit denial, it is recommended that applications be filed at least sixty (601 days prior to
the event. Nevertheless, an�apnlication filed within the minimum filin¢ periods
rorescribed in subsection (bl below, shall be processed durine business hours.
b� For single non-recurring�arades races or nublic assemblies an application for a
roernut shall be filed with the chief of nolice as follows:
� At least seven (� business davs in advance of the proposed event for
pazades or races of less than 200 participants and less than 30 vehicles and
animals;
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At least ten 101 business davs in advance of the pronosed event for parades
or races of 200 or more participants, or 30 or more vehicles and animals:
At least five (5) calendar davs in advance of the proposed event for up blic
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assemblies of less than 100 particivants which will not interfere with the
normal flow or re�ulation of vehiculaz traffic_
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� At least seven (71 business davs in advance of the proposed event for public
assemblies of 100 or more participants or which will, regardless of size.
interfere with the normal flow or regularion of vehicular traffic;
� No a_pplication shall be filed more than one hundred eieht�(180) davs
before the pazade, race or public assemblv is �roposed to commence.
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� The chief of�olice mav waive the m;n;mum filin�periods set forth above
and acceUt an application filed within a shorter period if. after due
consideration of the date, time, place and nahue of the pazade, race or up blic
assembly, the anticinated number of participants, and the city services
required in connection with the event, the chief of police detemunes that the
waiver will not present a hazard to oublic safetv. When determinine
whether to waive the minimum filing neriod, the chief of police may not
consider the speech content of the event.
� For parades, races or public assemblies held on a re�ulaz or recurrine basis at the
same location. an applica6on for a permit covering all suchparades, races or public
assemblies durin¢ that calendar veaz mav be filed with the chief of police at least sixty (60�
and not more than one hundred eightv (180) daXs before the date and time at which the first
such parade, race or public assembly is proposed to commence. The chief of police may
waive the minimum sixtv (601 da�s period a8er due consideration of the factors specified in
subsection (b)(61 above.
� The applicafion for a parade, race or public assembly permit shall set forth the
followine information:
(� The name, address and telephone number of the person seekin¢ to conduct
such roarade, race or nublic assembly: this person should be the person in char e or
chairperson of the parade, race or public assembl�
�2] The names, addresses and telephone numbers of the headquarters of the
organization for which the pazade, race or public assembly is to be conducted, if
anv, and the authorized and responsible heads of the oraanization;
� The requested date of the narade, race or public assembly;
� The location of the_parade, race or public assemblv and the route to be
traveled, including the starting.point and the termination point;
� The hours when such parade, race or public assemblv will start and
terminate•
� The statement as to whether the parade race or nublic assemblv will occunv
all or onlv aportion of the width of the streetsproposed to be traversed;
� The location by street of any assemb� areas for such parade, race or public
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�s�biv:
3 � The time at which units of the Qarade race or nublic assembly will be �gin to
4 assemble at anysuch area:
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6 � The intervals of space to be maintained betv✓een units of such parade or
7 _ public assembiv,
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9 � If the �azade race or public assembly is designed to be held bv, or on behalf
10 of any.person other than the�nlicant, the apnlicant for such �ermit shall file a
11 letter fram that person with the chief of police authorizin�the applicant to applv for
12 the pernut on his behalf:
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11 The type of pazade race or public assembly, includin�a description of
activities planned durina the event;
� A descripfion of any sound amplification equipment to be used in
connection with the�azade, race or public assemblv;
13 The ap�roximate number of particiroants (spectators are bv definition not
particivantsl includins the type and number of aziimals and vehicles•
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The ap�roximate number of s�ectators reasonably anticipated;
A designation of anKpublic faciliries or equipment to be utilized• and
� Anv addirional information that the chief of police finds reasonablY
necessary to a fair determination as to whether a�ermit shouid issue.
Sec. 366A.05. Fees.
(a� A non-refixndable fee of ten dollars ($101 to cover administrative costs of processins
the nermit shall be paid to the cit�of Saint Paul bv the applicant when the appiication is
filed.
b� If the a�plication is for the use of anv citv uroperty or if any citv services shail be
required for the uarade race or public assembly the applicant shall ka�rorior to the
issuance of a perxnit the charges for those services in accordance with a schedule of service
costs apnroved bv the citv council bv resolution.
� The chief of police shall determine whether and to what extent additional police
nrotecfion is reasonably necessar�£or a parade race ar public assemblv for traffic control
and public safetv The chief of police shall base this decision on the following factors:
� Staging
a. The number of streets or sidewalks to be controlled and/or closed;
b. The type of street or sidewalk to be controlled and/or closed. which
shall take into considerarion the vehiculaz and p�edestrian traffic flow
on the street or sidewalk;
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1 c. The time of dav and dav of week of the event;
2 d. The amount of velucular and �edeshian traffic required to be
3 rerouted as a result of the event;
4 e. The number of electric traffic control devices that are required to be
5 operated manuallybv police officers as a result of the event:
6 f. The number of traffic/pedestrian control cones and parade bazricades
7 that are required to be used as a result of the event:
8 g, The chazacteristics of the event and the azea of the event. to include
9 the type and volume of the event traffic and the speed limits of the
10 azea. The type of traffic could include, but is not lunited to, types of
11 vehicles. uedestrian, and animals in the event: and
12 h. The number of supervisors with the re[�uirement that there be at least
13 one supervisor if there are five (51 or more officers assigned to the
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event.
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Event control ��
a. The number and size of intersections to be controlled or ciosed; and
b. The number of supervisors reguired as set forth above;
{� Event
a. Whether or not the sponsors are requesring a ceremonial narade
escort;
b. The size of the event in terms of the nusnber of partici�ants,
snectators, vehicles and animals;
c. The time of dav and day of week of the event;
d. The number of businesses that are affected bY the event; and
e. The tvne of intersecfions that are affected by the event.
� Disbandine
a. Size and characteristics ofthe event.
(d� T'he speech content of the event shall not be a factor in determining the amount of
nolice protection necessar�for the pumoses of assessin�
� If possible. without disruption of ordinary�olice services or compromise of public
safety, regularly scheduled on-duty_personnel will police the event. If addifional police
urotec6on for the event is deemed necessar�v the chief of police upon consideration of
the factors set forth in subsection (c), he shall so inform the applicant for the �ernut. The
anrolicant must then �av for the additional police services at the established formula rates.
The established formula rate for regular on-dutv officers is re�ular salary, ulus regular
fringe benefits, lus regular worker compensation. The established formula rate for
overtime officers is overtime salary, plus overtime fringe benefits, plus overtime worker
comnensation. All formula salary and fringe benefit rates aze established at the ten veaz
rate for each officer's rank, as found in the current Saint Paul Police Federation APSeement
plus the current worker compensation rates far the police deparhnent.
Sec. 366A.06. Standards for Issuance.
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1 � The chief of police shall issue a permit as provided for herein when, from a
2 consideration of the application and from such other information as may otherwise be
3 obtained. he finds that:
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� The conduct of the parade, race or public assembly will not substantiallv
interrupt the safe and orderly movement of other pedestrian or vehicular traffic
contieuous 10 its route or location;
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�2Z The conduct of the pazade, race or public assembly will not require the
diversion of so gseat a number of cit�police officers to�roperlkpolice the line of
movement and the azeas contieuous thereto that the de�oyment of police services
for the nro�osed oarade, race or public assemblv would have an immediate and
adverse effect i�on the weifare and safety of persons and propertv;
� The concentration of vehicles, nersons and animals at public assemblv
points of the parade. race orpublic assemblv will not unduly interfere with nroner
fire and police protection of or ambulance service to azeas contiguous to such
pazade, race or public assemblv:
� The conduct of the parade, race or public assembly is not reasonablv likelv
to cause inj_urv to roersons or rororoertv and will not, on its face, violate any federal,
state or city law, regulation, or ordinance;
�, The parade, race or roublic assemblv is scheduled to move from its point of
oriein to its point of termination expeditiouslv and without unreasonable delays en
ro�
� Adequate sanitation and other reguired health facilities are or will be made
available in or adjacent to anYparade, race or public assembly areas;
� There are sufficient pazking.places near the beeinnin� and end sites of the
varade, race or public assemb� to accommodate the number of vehicles reasonablv
ex ep cted;
� The a�plicant has paid all fees required under Section 366A.05;
� No�arade, race or nublic assembly�ermit a�plication for the same time and
locarion is alreadv�ranted, or has been received and wiil be eranted, and no event
listed in Section 366A .03 is already scheduled for the same time and location;
10 The conduct of the parade. race or public assembly will not interfere with
previouslv scheduled construction or maintenance proiects upon or alone streets or
sidewalks•
(11� No parade, race or public assemblv permit application for the same time but
different location is alreadv ¢ranted or has been received and will be �ranted. and
the police resources required for that prior parade, race or public assembl�e so
ereat that, in combination with the subsequent rororoosed permit, the resulting
deplovment of police services would have an'unmediate and adverse effect upon the
weifare and safety of persons and property; and
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� No event is scheduled elsewhere in the citywhere the police resources
re�,c aired for that event are so ereat that the deplovment of police services for the
prouosed pazade race or pubiic assemblv would have an immediate and adverse
effect upon the welfaze and safet�persons and propertv.
b� No nermit shall be g�anted that allows for the erection or placement of anv structure.
whether permanent or temporarv on a citv street sidewalk or right-of-wav unless advance
anvroval for the erection or replacement of the structure is obtained from the citv council.
c No�ermit shall be �anted that allows a�arade race or public assembly to occur
between the hours of 11:00 p.m. and 8:00 a.m.
� In deteruiinin� whether to ¢rant or denv a nernut the chief of roolice shall not
consider:
� The content of the speech message views or expression of the parade race
or�ublic assembly or its participants;
� The �otential conduct of spectators and other non-�articipants in response or
reaction to the content of the s�eech message views or ex�ression of the pazade
race or public assembly or itsparticipants.
Sec. 366A.07. Non-Discrimina6on.
The chief of roolice shall uniformlv concider each applicafion upon its merits and shali not
discriminate in Q,rantin o� r denyingpermits under this ordinance based u�on sneech content or
u on political religious ethnic race disability, sexual orientation or gender related grounds•
Sec. 366A.08. Noflce of Grant or Denial of Application.
� The chief of police shall act prom�tl,v unon a timely filed application £or a parade
race or public assembiy_permit but in no event sha11 erant or denv a permit less than foriv-
ei t 48 hours prior to the event Appiications filed more than thirtv (301 davs in advance
of the pronosed event shall be nrocessed within seven (7 davs Applications filed more
than sixty�601 days in advance of the event shall be processed within twenty-one (211 days.
b� If the chief of police waives the minimum filing neriod and accepts for nrocessing
an untimely application he shall act upon the application as expeditiouslv as nossible but
must erant or denv the nermit prior to the commencement of the �roposed event.
� If the chief of police disapproves the ap�lication, he shall promotiv notifv the
anUlicant of his action in wririne either by�ersonal deliverv or certified mail and state the
reasons for denial.
Sec. 366A.09 Alternative Permit.
� The chief of police in den n�ns an application for a parade race or �ublic assembly
permit may authorize the conduct of the parade race or �ublic assemblv at a date time
location, or route different from that named btithe applicant. An applicant desiring to
accept an alternate permit shall within five (SLavs after norice of the action of the chief of
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police, file a written notice of acceptance with the chief of nolice.
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3 �b An altemate parade, race or public assembl�pernvt shall conform to the
4 reauirements of, and shall have the effect of, a roarade, race or public assemblv permit
5 issued under this ordinance.
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7 Sec. 366A.10 Appeal Procedure.
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� Anv anplicant shall have the rieht to a�peal the denial of a parade race or public
assemblypernut to the citv council The denied applicant shall make the appeal within five
(51 davs after receipt of the denial bv filine a written notice with the chief of police and a
copv of the notice with the citv clerk. The city council shall act upon the apneal at the next
scheduled meetine following receipt of the notice of appeai•
j�b In the event that the citv council rejects an applicanYs ap_peal the a�plicant mav file
an immediate request for review with a court of comnetent jurisdiction.
Sec. 366A.11 Notice to Cit,�and Other Officials.
Immediatel�tion the issuance of a pazade race or public assembly�ermit the chief of
nolice shall send a copy thereof to the followine:
� The mayor;
�b The fire chief;
(� The director of the department of public warks: __
� The mana�er or responsible head of the metro�olitan transit commission;
(e) The City Council.
Sec. 366A.12. Contents of Permit.
Each pazade, race or public assembly�ermit shall state the followin� information:
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StartinQ and a�proximate endin time:
Minimum speed of parade units;
Maximum speed of parade units:
MaYimum interval of space to be maintained between parade units:
� The nortions of the streets that may be occuroied b�the parade, race or public
assemblv;
f� The maYimum len of the parade or race in miles or fracfions thereof: and
� Such other information as the chief of police shall find necessary to the enforcement
of this ordinance.
Sec. 366A.13. Duties of Permitted.
� A�ennitted hereunder shall com�ly with all �ernrit directions and conditions and
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with all appiicable laws and ordinances: and
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3 b� The varade race ar�ublic assemblv chairperson or other person in char�e of such
4 acrivity shall cazry the nazade race or �ublic assemblypermit upon their person durin¢ the
5 conduct of the pazade, race or public assemblx
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7 Sec. 366A.14. Prohibitions.
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The following�rohibitions shall a�plv to all roarades. races and public assemblies:
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� It shall be unlawful for an�person to stage, present or conduct any_parade, race or
public assemblv without first having obtained a permit as herein provided;
b� It shall be unlawfiil for anv nerson to parti�ate in a nazade race or public assemblv
for which the nerson knows a pernrit has not been gzanted:
� It shall be unlawful for the chairperson or any�erson in chaz�e of, or resnonsible for
the conduct of, a dulv licensed pazade, race or �ublic assemblv to knowinglv fail to comnlv
with anv condition of the permit;
� It shall be unlawful for anyperson to engage in any parade, race or�ublic assemblv
activitv that would constitute a substantial hazard to the �ublic safetv or that would
materiaily interFere with or endan eg r the un blic peace ar rishts of residents to the quiet and
peaceful enjoyment of their_pr,opertv;
� It shali be unlawful for any_person participatina in any parade, race ar public
assemblv to carry or possess anv length of inetal, lumber, wood, or similar material for
�urposes of displavine a sian poster �laaue or norice unless such object is one-fourth inch
�1 /4"1 or less in thickness and two inches (2"1 or less in width, or if not e¢ nerally
rectangular in shape, such ob�ect shall not exceed three-fourihs inch (3/4"1 in its thickest
dimension•
�f It shall be unlawful for any_person DartiClpatin� in a parade, race or �ublic assemblv
to ufilize sound amklification equiroment at decibel levels that exceed those limits imposed
bv federal, state or city law, regularion, or ordinance; and
� It shall be unlawful for any_person to ride, drive, or cause to be ridden or driven, anv
animal or any animal-drawn vehicle u�on an�public street unless specificallv authorized
bv the permit.
Sec. 366A.15. Public Conduct During Parades. Races or Public Assemblies.
�, No person shall unreasonably hamroer, obstruct or impede, or interfere with anv
parade. race or public assemblv or with anv nerson, vehicle or animal narticipafine or used
in a parade. race or �ublic assembly;
�b No driver of a vehicle shall drive between the vehicles or persons com��a
�arade, race or nublic assemblv when such vehicles or persons are in motion and are
consnicuouslv desi�nated as a parade. race or public assemblv, and
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1 � The chief of police shatl have the authoritv when reasonablv necessar�prohibit
2 or restrict the pazldne of vehicles alon g a street constitutin�part of the route of a parade,
3 race o�ublic assemblv The cluef of nolice shall post sians to that effect and it shall be
4 unlawful for anv nerson to uark or leave unattended ankvehicle in violation thereof. No
5 person shall be liable for �azkine on a street unroosted in violation of this ordinance.
Sec. 366A.16. Revocation of Permit
9 The chief of police shali have the authoritv to revoke a parade race or public assembly
10 permit instanfly upon violation of the conditions or standazds for issuance as set forth in this
11 ordinance or when a public emergencv arises where the roolice resources required for that
12 emergencv are so great that deplovment of police services for the pazade, race or public assemblv
13 would have an immediate and adverse effect unon the welfaze and safet�of persons or uronertv
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Sec. 366A.17. Penalties.
An�person violatine the provisions of anv secfion of this ordinance shall be ug��iltv of a
misdemeanor.
Sec. 366A.18. Severabilitv.
If any section subsecrion sentence clause or vhrase of Yhis ordinance is for any reason held
invalid or unconstitufional bv the decision of any court of com�etent jurisdiction such decision
shall not affect the validitv of the remainine portions of this ordinance.
Section 2
This ordinance shall take effect and be in farce thirty (30) days from and after its passage,
approval and publication.
Adoption Certified by Council Secretary
By:
Approved by Mayor: Date
By:
l b Department
O��C F /
Adopted by Co�cil: Date