07-926Substitute — 10/17/2007
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Presented by
Council File # 07-926
Green Sheet # 3043363
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Chapter 366A. Parades, Races and Public Assemblies*
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3*Editor's note--C.F. No. OS-219, § 1, adopted July 6, 2005, amended the Code by repealing former ch.
4 366A, §§ 366A.01--366A.06, in its entirety. Former ch. 366A pertained to marches, demonstrations and
5 public gatherings, and derived from C.F. No. 92-796, adopted 3uly 7, 1992. C.F. No. OS-220, § 1, adopted
6 July 6, 2005, subsequently added a new ch. 366A.
7 Cross reference(s)--Human rights, Ch. 183; drinking on streets and in parks, Ch. 246; advertising by
8 sound on the streets, Ch. 284; distribution of handbills, Ch. 285; disrupting or impeding the safe operation
9 of vehicles of public conveyance, Ch. 291; offenses directed to religious beliefs, racial origins and gender,
10 Ch. 292; noise regulations, Ch. 293.
I1
12 Sec. 366AA1. Permit required.
13 (a) No person shall engage in or conduct any parade, race or public assembly without a permit issued by
14 thechiefofpolice.
15 (b) This section does not apply to National Night Out neighborhood gatherings.
16
17
18
19 (C.F. No. OS-220, § 1, 7-6-OS)
20 Sec. 366A.02. Definitions.
21 (a) Chief of police means the chief of police of the city or his/her designee.
22 (b) City means the CiYy of Saint Paul.
23 (c) Parade means any march, demonstration, procession, or motorcade, consisting of persons, animals or
24 vehicles or a combination thereof upon the streets, sidewalks or other public grounds within the city that
25 interferes with the normal flow or regulation of traffic upon the streets, sidewalks or other public grounds.
26 (d) Parade, Nace oN public assembly permit means a permit as required by this chapter.
27 (e) Person means any person, firm, partnership, association, corporation, company or organization of any
28 kind.
29 (fl Public assembly means any meeting, demonstration, picket line, rally or gathering of more than twenty-
30 five (25) persons for a common purpose as a result of prior planning in or upon any street, sidewalk or
31 other public grounds in a place open to the general public.
32 (g) Race means any scheduled public event or gathering of persons for athletic events that move from one
33 location to another such as bicycle or running races.
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34 (h) Sidewalk is any azea or way set aside or open to the general public for purposes of pedestrian traffic,
35 whether or not it is paved.
36 (I) Street is any place or way set aside or open to the general public for purposes of vehicular traffic,
37 including any berm or shoulder parkway, right-of-way or median strip thereof.
38 (C.F. No. OS-220, § 1, 7-6-OS)
39 Sec. 366A.03. Exceptions.
40 The permit requirement described in section 366A.01 shall not apply to the following:
41 (a) Funeral processions;
42 (b) Students going to and from school classes or participating in educational activities, provided that such
43 conduct is under the immediate direction and supervision of the proper school authorities;
44 (c) A governmental agency acting within the scope of its functions; and
45 (d) Parades, races or public assemblies in parks, which are governed by Legislative Code Chapter 170.
46 (C.F. No. OS-220, § 1, 7-6-OS)
47 Sec. 366A.04. Application.
48 (a) A person seeking a parade, race or public assembly permit shall file an application with the chief of
49 police on forms provided by such officer and the application shall be signed by the applicant under oath. In
50 order to ensure the timely appeal in the event of a permit denial, it is recommended that applications be
51 filed at least sixty (60) days prior to the event. Nevertheless, any application filed within the minimum
52 filing periods prescribed in subsection (b) below, shall be processed during business hours.
53 (b) Far single, nonrecurring parades, races or public assemblies, an application for a permit shall be filed
54 with the chief of police as follows:
55 (1) At least seven (7) business days in advance of the proposed event for parades or races of less than two
56 hundred (200) participants and less than thirty (30) vehicles and animals;
57 (2) At least ten (10) business days in advance of the proposed event for parades or races of two hundred
58 (200) or more participants, or thirty (30) or more vehicles and animals:
59 (3) At least five (5) calendar days in advance of the proposed event for public assemblies of less than one
60 hundred (100) participants which will not interfere with the normal flow or regulation of vehicular traffic;
61 (4) At least seven (7) business days in advance of the proposed event for public assemblies of one hundred
62 (100) or more participants or which will, regardless of size, interfere wiYh the normal flow or regulation of
63 vehicular traffic;
64 (5) No application shall be filed more than one hundred eighty (180) days before the parade, race or public
65 assembly is proposed to commence.
66 (6) The chief of police may waive the minimum filing periods set forth above and accept an application
67 filed within a shorter period if, after due consideration of the date, time, place and nature of the parade,
68 race or public assembly, the anticipated number of participants, and the city services required in connection
69 with the event, the chief of police determines that the waiver will not present a hazard to public safety.
70 When determining whether to waive the minimum filing period, the chief of police may not consider the
71 speech content of the event.
72 (c) For parades, races or public assemblies held on a regular or recurring basis at the same location, an
73 application for a permit covering all such parades, races or public assemblies during that calendar year may
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74 be filed with the chief of police at least sixty (60) and not more than one hundred eighty (180) days before
75 the date and time at which the first such pazade, race or public assembly is proposed to commence. The
76 chief of police may waive the minimum sixty (60) days period after due consideration of the factors
77 specified in subsection (b)(6) above.
78 (d) The application for a parade, race or public assembly permit shall set forth the following information:
79 (1) The name, address and telephone number of the person seeking to conduct such parade, race or public
80 assembly; this person should be the person in charge or chairperson of the pazade, race or public assembly;
81 (2) The names, addresses and telephone numbers of the headquarters of the organization for which the
82 pazade, race or public assembly is to be conducted, if any, and the authorized and responsible heads of the
83 organization;
84 (3) The requested date of the parade, race or public assembly;
85 (4) The location of the parade, race or public assembly and the route to be traveled, including the starting
86 point and the termination point;
87 (5) The hours when such pazade, race or public assembly will start and terminate;
88 (6) The statement as to whether the parade, race or public assembly will occupy all or only a portion of the
89 width of the streets proposed to be traversed;
90 (7) The location by street of any assembly areas for such pazade, race or public assembly;
91 (8) The time at which units of the parade, race or public assembly will begin to assemble at any such area;
92 (9) The intervals of space to be maintained beYween units of such parade or public assembly;
93 (10) If the parade, race or public assembly is designed to be held by, or on behalf of, any person other than
94 the applicant, the applicant for such permit shall file a letter from that person with the chief of police
95 authorizing the applicant to apply for the permit on his behalf;
96 (11) The type of parade, race or public assembly, including a description of activities planned during the
97 event;
98 (12) A description of any sound amplification equipment to be used in connection with the parade, race or
99 public assembly;
100 ( I 3) The approximate number of participants (spectators are by definition not participants), including the
101 type and number of animals and vehicles;
102 (14) The approximate number of spectators reasonably anticipated;
103 (15) A designation of any public facilities or equipment to be utilized; and
104 (16) Where the event is in an area covering two blocks or less of sidewalks, streets or other public
105 property, the addresses of any properties that abut the location of the parade, race or public assembly;
106 (17) Where the event is in an area covering two (2) blocks or less of sidewalks, streets or other public
107 property, a signed statement by the permit applicant stating that all the addresses of any properties that abut
108 the location of the parade, race or public assembly, have received notification of the event.
109 (18) Any additional information that the chief of police finds reasonably necessary to a fair determination
110 as to whether a permit should issue.
111 (C.F. No. OS-220, § 1, 7-6-OS)
112 Sec. 366A.05. Fees.
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113 (a) A nonreflxndable fee of ten dollars ($10.00) to cover administrative costs of processing the permit shall
114 be paid to the city by the applicant when the application is filed.
11 �(b) If the application is for the use of any city property or if any city services shall be required for the
116 parade, race or public assembly, the applicant shall pay, prior to the issuance of a permit, the charges for
117 those services in accordance with a schedule of service costs approved by the city council by resolution.
118 (c) The chief of police shall determine whether, and to what extent, additional police protection is
119 reasonably necessary for a pazade, race or public assembly for traffic control and public safety. The chief
120 of police shall base this decision on the following factors:
121 (1) Staging.
122 a. The number of streets or sidewalks to be controlled and/or closed;
123 b. The type of street or sidewalk to be controlled and/or closed, which shall take into consideration the
124 vehicular and pedestrian traffic flow on the street or sidewalk;
125 c. The time of day and day of week of the event;
126 d. The amount of vehicular and pedestrian traffic required to be rerouted as a result of the event;
127 e. The number of electric traffic control devices that are required to be operated manually by police
128 officers as a result of the event;
129 £ The number of traffic/pedestrian control cones and parade barricades that are required to be used as a
130 result of the event;
131 g. The characteristics of the event and the area of the event, to include the type and volume of the event
132 traffic and the speed limits of the area. The type of traffic could include, but is not limited to, types of
133 vehicles, pedestrian, and animals in the event; and
134 h. The number of supervisors with the requirement that there be at least one (1) supervisor if there are five
135 (5) or more officers assigned to the event.
136 (2) Event control point.
137 a. The number and size of intersections to be controlled or closed; and
138 b. The number of supervisors required as set forth above.
139 (3) Event.
140 a. Whether or not the sponsors are requesting a ceremonial parade escort;
141 b. The size of the event in terms of the number of participants, spectators, vehicles and animals;
142 a The time of day and day of week of the event;
143 d. The number of residences and businesses that are affected by the event; and
144 e. The type of intersections that aze affected by the event.
145 (4) Disbanding.
146 a. Size and characteristics of the event.
147 (d) The speech content of the event shall not be a factor in determining the amount of police protection
148 necessary for the purposes of assessing a fee.
149 (e) If possible, without disruption of ordinary police services or compromise of public safety, regularly
150 scheduled on-duty personnel will police the event. If additional police protection for the event is deemed
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151 necessary by the chief of police upon consideration of the factors set forth in subsection (c), he shall so
152 inform the applicant for the permit. The applicant must then pay for the additional police services at the
153 established formula rates. The established formula rate for regular on-duty officers is regular salary, plus
154 regular fringe benefits, plus regular worker compensation. The established formula rate for overtime
I 55 officers is overtime salary, plus overtime fringe benefits, plus overtime worker compensation. All formula
156 salary and fringe benefit rates aze established at the ten-year rate for each officer's rank, as found in the
157 current city police federation agreement plus the current worker compensation rates for the police
158 department.
159 (C.F. No. OS-220, § 1, 7-6-OS)
160
161
162 Sec. 366A.06. Standards for issuance.
163 (a) The chief of police shall issue a permit as provided for herein when, from a consideration of the
164 application and from such other information as may otherwise be obtained, he finds that:
165 (1) The conduct of the parade, race or public assembly will not substantially interrupt the safe and orderly
166 movement of other pedestrian or vehicular traffic contiguous to its route or location;
167 (2) The conduct of the parade, race or public assembly will not require the diversion of so great a number
168 of city police officers to properly police the line of movement and the areas contiguous thereto that the
169 deployment of police services for the proposed parade, race or public assembly would have an immediate
170 and adverse effect upon the welfare and safety of persons and property;
171 (3) The concentration of vehicles, persons and animals at public assembly points of the parade, race or
172 public assembly will not unduly interfere with proper fire and police protection of, or ambulance service
173 to, areas contiguous to such parade, race or public assembly;
174 (4) The conduct of the parade, race or public assembly is not reasonably likely to cause injury to persons or
175 property and will not, on its face, violate any federal, state or city law, regulation, or ordinance;
176 (5) The parade, race or public assembly is scheduled to move from its point of origin to its point of
177 termination expeditiously and without unreasonable delays en route;
178 (6) Adequate sanitation and other required health facilities are or will be made available in or adjacent to
179 any pazade, race or public assembly areas;
180 (7) There are sufficient parking places near the beginning and end sites of the parade, race or public
181 assembly to accommodate the number of vehicles reasonably expected;
182 (8) The applicant has paid all fees required under section 366A.05;
183 (9) No parade, race or public assembly permit application for the same time and location is already
184 granted, or has been received and will be granted, and no event listed in section 366A.03 is already
185 scheduled for the same time and location;
I 86 (10) The conduct of the parade, race or public assembly will not interfere with previously scheduled
187 construction or maintenance projects upon or along streets or sidewalks;
188 (11) No parade, race or public assembly permit application for the same time but different location is
189 already granted ar has been received and will be granted, and the police resources required for that prior
190 parade, race or public assembly are so great that, in combination with the subsequent proposed permit, Yhe
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191 resulting deployment of police services would have an immediate and adverse effect upon the welfaze and
192 safety of persons and property; and
193 (12) No event is scheduled elsewhere in the city where the police resources required for that event are so
194 great that the deployment of police services for the proposed pazade, race or public assembly would have
195 an immediate and adverse effect upon the welfare and safety of persons and property.
196 (b} No permit shall be granted that allows for the erection or placement of any structure, whetl�er
197 permanent or temporary, on a city street, sidewalk or right-of-way unless advance approval for the erection
198 or replacement of the structure is obtained from the city council.
199 (c) No permit shall be granted that allows a parade, race or public assembly to occur between the hours of
200 11:00 p.m. and 7:00 a.m.
201 (d) In determining whether to grant or deny a permit, the chief of police shall not consider:
202 (1) The content of the speech, message, views or expression of the parade, race or public assembly ar its
203 participants;
204 (2) The potential conduct of spectators and other nonparticipants in response or reaction to the content of
205 the speech, message, views or expression of the parade, race or public assembly or its participants.
206 (C.F. No. OS-220, § 1, 7-6-OS)
207 Sec. 366A.07. Nondiscrimination.
208 The chief of police shall uniformly consider each application upon its merits and shall not discriminate in
209 granting or denying permits under this chapter based upon speech content or upon political, religious,
210 ethnic, race, disability, sexual orientation or gender related grounds.
211 (C.F. No. OS-220, § 1, 7-6-OS)
212
213 Sec. 366A.08. Notice of grant or denial of application.
214 (a) The chief of police shall act promptly upon a timely filed application for a parade, race or public
215 assembly permit but in no event shall grant or deny a permit less than forty-eight (48) hours prior to the
216 event. Applications filed more than thirty (30) days in advance of the proposed event shall be processed
217 within seven (7) days. Applications filed more than sixty (60) days in advance of the event shall be
218 processed within twenty-one (21) days.
219 (b) If the chief of police waives the minimum filing period and accepts for processing an untimely
220 application, he shall act upon the application as expeditiously as possible, but must grant or deny the
221 permit priar to the commencement of the proposed event.
222 (c) If the chief of police disapproves the application, he shall promptly notify the applicant of his action in
223 writing, either by personal delivery or certified mail, and state the reasons for denial.
224 (C.F. No. OS-220, § 1, 7-6-OS)
225 Sec. 366A.09. Alternative permit.
226 (a) The chief of police, in denying an application for a parade, race or public assembly permit, may
227 authorize the conduct of the parade, race or public assembly at a date, time, location, or route different
228 from that named by the applicant. An applicant desiring to accept an alternate permit shall, within five (5)
229 days after notice of the action of the chief of police, file a written notice of acceptance with the chief of
230 police.
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231 (b) An altemate parade, race or public assembly permit shall conform to the requirements of, and shall
232 have the effect of, a parade, race or public assembly permit issued under this chapter.
233 (C.F. No. OS-220, § l, 7-6-OS)
234 Sec. 366A.10. Appeal procedure.
235 (a) Any applicant shall have the right to appeal the denial of a pazade, race or public assembly permit to the
236 city council. The denied applicant shall make the appeal within five (5) days after receipt of the denial by
237 filing a written notice with the chief of police and a copy of the notice with the city clerk. The city council
238 shall act upon the appeal at the next scheduled meeting following receipt of the notice of appeal.
239 (b) In the event that the city council rejects an applicanYs appeal, the applicant may file an immediate
240 request for review with a court of competent jurisdiction.
241 (C.F. No. OS-220, § 1, 7-6-OS)
242 Sec. 366A.11. Notice to city and other officials.
243 Immediately upon the issuance of a parade, race ar public assembly permit, the chief of police shall send a
244 copy thereof to the following:
245 (a) The mayor;
246 (b) The fire chief;
247 (c) The director of the department of public works;
248 (d) The manager or responsible head of the metropolitan transit commission; and
249 (e) The city council.
250 (C.F. No. OS-220, § 1, 7-6-OS)
251
252 Sec. 366A.12. Contents of permit.
253 Each parade, race or public assembly permit shall state the following information:
254 (a) Starting and approximate ending time;
255 (b) Minimum speed of parade units;
256 (c) Maximum speed of parade units;
257 (d) Maximum interval of space to be maintained between parade units;
258 (e) The portions of the streets that may be occupied by the parade, race or public assembly;
259 ( fl The maximum length of the parade or race in miles or fractions thereof; and
260 (g) Such other information as the chief of police shall find necessary to the enforcement of this chapter.
261 (C.F. No. OS-220, § 1, 7-6-QS)
262 Sec. 366A.13. Duties of permitted.
263 (a) A permitted hereunder shall comply with all permit directions and conditions and with all applicable
264 laws and ordinances; and
265 (b) The parade, race or public assembly chairperson or other person in charge of such activity shall can
266 the parade, race or public assembly permit upon their person during the conduct of the parade, race or
267 public assembly.
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268 (C.F. No. OS-220, § 1, 7-6-OS)
269 Sec. 366A14. Prohibitions.
270 The following prohibitions shall apply to all pazades, races and public assemblies:
271 (a) It shall be unlawful for any person to stage, present or conduct any parade, race or public assembly
272 without first having obtained a permit as herein provided;
273 (b) It shall be unlawful for any person to participate in a pazade, race or public assembly for which the
274 person knows a permit has not been granted;
275 (c) It shall be unlawful for the chairperson or any person in chazge of, or responsible for the conduct of, a
276 duly licensed parade, race or public assembly to knowingly fail to comply with any condition of the
277 permit;
278 (d) It shall be unlawful for any person to engage in any parade, race or public assembly activiry that would
279 constitute a substantial hazard to the public safety or that would materially interfere with or endanger the
280 public peace or rights of residents to the quiet and peaceful enjoyment of their property;
281 (e) It shall be unlawful for any person participating in any parade, race ar public assembly to cany or
282 possess any length of inetal, lumber, wood, or similar material for purposes of displaying a sign, poster,
283 plaque or notice, unless such object is one-fourth (1/4) inch or less in thickness and two (2) inches or less
284 in width, or if not generally rectangular in shape, such object shall not exceed three-fourths (3(4) inch in its
285 thickest dimension;
286 (� It shall be unlawful for any person participating in a parade, race or public assembly to utilize sound
287 amplification equipment at decibel levels that exceed those limits imposed by federal, state or city law,
288 regulation, or ordinance; and
289 (g) It shall be unlawful for any person to ride, drive, or cause to be ridden or driven, any animal or any
290 animal-drawn vehicle upon any public street, unless specifically authorized by the permit.
291 (C.F. No. 05-220, § I, 7-6-OS)
292 Sec. 366A15. Public conduct during parades, races or public assemblies.
293 (a) No person shall unreasonably hamper, obstruct or impede, or interfere with any parade, race or pubiic
294 assembly or with any person, vehicle or animal participating or used in a parade, race or public assembly;
295 (b) No driver of a vehicle shall drive between the vehicles or persons comprising a parade, race or public
296 assembly when such vehicles or persons are in motion and are conspicuously designated as a parade, race
297 or public assembly; and
298 (c) The chief of police shall have the authority, when reasonably necessary, to prohibit or restrict the
299 parking of vehicles along a street constituting a part of the route of a parade, race or public assembly. The
300 chief of police shall post signs to that effect, and it shall be unlawful for any person to park or leave
301 unattended any vehicle in violation thereo£ No person shall be liable for parking on a street unposted in
302 violation of this chapter.
303 (C.F. No. OS-220, § 1, 7-6-05)
304 Sec. 366A16. Revocation of permit.
305 The chief of police shall have the authority to revoke a parade, race or public assembly permit instantly
306 upon violation of the conditions or standards for issuance as set forth in this chapter or when a public
307 emergency arises where the police resources required for that emergency are so great that deployment of
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308 police services for the parade, race or public assembly would have an immediate and adverse effect upon
309 the welfare and safety of persons or properry.
310 (C.F. No. OS-220, § 1, 7-6-OS)
31 I Sec. 366A.17. Penalties.
312 Any person violating the provisions of any section of this chapter shall be guilty of a misdemeanor.
313 (C.F. No. OS-220, § 1, 7-6-OS)
314 Sec. 366A.18. Severability.
315 If any section, subsection, sentence, clause or phrase of this chapter is for any reason held invalid or
316 unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the
317 validity of the remaining portions of this chapter.
318 (C.F. No. OS-220, § 1, 7-6-OS)
319
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Requested by Department of:
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Adopted by Council: Date
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Form Appro y tto ey .
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� Green Sheet Green SheeY Green Sheet Green Sheet Green Sheet Green Sheet �
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CO -Councd
ConWct Person & Phone:
Councilmember Dave Thune
266-8620
Must ee on Gouncil AgenAa by (Date;
05SEP-07
Doc. Type: ORDINANCE
E-�ocument Required: Y
Document Contact: Barb Benwn
Contap Phone: 266862D
27-AUG-07
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Assign
Number
For
Routing
Order
Toql # of Signature Pages ` (Clip All Locations for SignaWre)
Green Sheet NO: 3043363
0 oancil
1 ouucil I DepartmentDirector �
2 " Attarn Cl Attorn
3 ',G�ty C1erk G1ty Clerk
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5
Amending Chapter 366A of the Saint Paul L,egislarive Code, Parades, Races and Public Assemblies by moving skyway permits to
j Chapter I40.
iaanons: Approve (A) or Re]ect (R): Personai service Gontracts Must Answer the Following Questions;
Pla�ning Commission t. Has this person/frm ever worked under a conVact for this tlepartmenY?
CIB Committee Yes No
Civil Service Commission 2. Has this person/frm ever been a city employee?
Yes No
3. Does this personlfirtn possess a skill not nortnally possessed by any
current city employee?
Yes No
Explain atl yes answers on sepamte sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Advantages If Approved:
Disadvant�qes If Approved:
DisadvanWges If NotApproved:
Transaciiore:
Funding Source:
Financial Information;
(EXplain)
Activity Number:
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SEP 2 1 2�07
CosURevenue Budgeted:
September 17, 2007 10:18 AM Page 1
Council File # ,J�^-�JZ{
Green Sheet # 3043363
ORDINANCE
SAINT PAUL, MINNESOTA
hapter 366A. Parades, Races and Public AssembliesX
2 1
3 xEditor's note-- .. No. OS-219, § 1, adopted July 6, 2005, amended the Code by repealing former ch.
4 366A, §§ 366A.01-- 6A.06, in its entirety. Former ch. 366A pertained to marches, demonstrations and
5 public gatherings, and erived from C.F. No. 92-796, adopted July 7, 1992. C.F. No. OS-220, § 1, adopted
6 July 6, 2005, subsequent added a new ch. 366A.
7 Cross reference(s)--Hum rights, Ch. 183; drinking on streets and in parks, Ch. 246; advertising by
8 sound on the streets, Ch. 284; istribution of handbills, Ch. 285; disrupting or impeding the safe operation
9 of vehicles of public conveyan ,, Ch. 291; offenses directed to religious beliefs, racial origins and gender,
10 Ch. 292; noise regulations, Ch. 2.
11
12 Sec. 366A.01. Permit required.
13 (a) No person shall engage in or
14 the chief of police.
15 (b) This section does not apply to NaYional
16 (c) This section does not appl�permits t
17 Section 140.06.1 of the Saint Paul Leeislat
18
19 (C.F. No. OS-220, § 1, 7-6-OS)
20 Sec. 366A.02. De£nitions.
parade, race or public assembly without a permit issued by
Out neighborhood gatherings.
21 (a) Chief ofpolice means the chief of police of the city or his , er designee.
22 (b) City means the CiYy of Saint Paul.
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23 (c) Parade means any march, demonstration, procession, or motoro`�de, consisting of persons, animals or
24 vehicles or a combination thereof upon the streets, sidewalks or othe ublic grounds within the city that
25 interferes with the normal flow or regulation of traffic upon the streets, 'dewalks or other public grounds.
26 (d) Parade, race or public assembly permit means a permit as required by`'[,�iis chapter.
27 (e) Person means any person, firm, partnership, association, corporation, com any or organization of any
28 kind.
29 ( fl Public assembly means any meeting, demonstration, picket line, rally or gatheri of more than twenty-
30 five (25) persons for a common purpose as a result of prior planning in or upon any s eet, sidewalk or
31 other public grounds in a place open to the general public.
32 (g) Race means any scheduled public event or gathering of persons for athletic events that ove from one
33 location to another such as bicycle or rucuiing races.
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34 O Sidewalk is any area or way set aside or open to the general public for purposes of pedestrian traffic,
35 w ther or not it is paved.
36 (I) Str t is any place or way set aside or open to the general public for purposes of vehiculaz traffic,
37 includin y berm or shoulder pazkway, right-of-way or median strip ttiereof.
38 (C.F. No. 0 20, § 1, 7-6-OS)
39 Sec.366A.03.
40 The permit
41 (a) Funeral
42 (b) Students going to
43 conduct is under the i
described in section 366A.01 shall not apply to the following:
44 (c) A govemmental agency a��
45 (d) Parades, races or public as:
46 (C.F. No. OS-220, § 1, 7-6-OS)
47 Sec. 366A.04. Application.
school classes or participating in educational activities, provided that such
direction and supervision of the proper school authorities;
within the scope of its functions; and
in pazks, which are governed by Legislative Code Chapter 170.
48 (a) A person seeking a pazade, race or ublic assembly permit shall file an application with the chief of
49 police on forms provided by such offic and the application shall be signed by the applicant under oath. In
50 order to ensure the timely appeal in the e nt of a permit denial, it is recommended that applications be
51 filed at least sixty (60) days prior to the ev t. Nevertheless, any applicafion filed within the minimum
52 filing periods prescribed in subsection (b) be w, shall be processed during business hours.
53 (b) For single, nonrecurring parades, races or p lic assemblies, an application for a permit shall be filed
54 with the chief of police as follows:
55 (1) At least seven (7) business days in advance of proposed event for parades or races of less than two
56 hundred (200) participants and less than thirty (30) v icles and animals;
57 (2) At least ten (10) business days in advance of the pro sed event for parades or races of two hundred
58 (200) or more participants, or thirty (30) or more vehicles d animals:
59 (3) At least five (5) calendar days in advance of the propose vent for public assemblies of less than one
60 hundred (100) participants which will not interfere with the no al flow or regulation of vehicular traffic;
61 (4) At least seven (7) business days in advance of the proposed e nt for public assemblies of one hundred
62 (100) or more participants or which will, regardless of size, interfer with the normal flow or regulation of
63 vehicular traffic;
64 (5) No application shall be filed more than one hundred eighty (180) da before the parade, race or public
65 assembly is proposed to commence.
66 (6) The chief of police may waive the minimum filing periods set forth abov and accept an application
67 filed within a shorter period if, after due consideration of the date, time, place d nature of the parade,
68 race or public assembly, the anticipated number of participants, and the city serv es required in connection
69 with the event, the chief of police determines that the waiver will not present a haz d to public safety.
70 When determining whether to waive the minimum filing period, the chief of police y not consider the
71 speech content of the event.
72 (c) For parades, races or public assemblies held on a regular or recurring basis at the sama location, an
73 application for a permit covering all such parades, races or public assemblies during that calendar year may
67- I� G�
74 b filed with the chief of police at least sixty (60) and not more than one hundred eighty (180) days before
75 the ate and time at which the first such parade, race or public assembly is proposed to commence. The
76 chief police may waive the minimum sixty (60) days period after due consideration of the factors
77 specifie in subsection (b)(6) above.
78 (d) The ap �cation for a parade, race or public assembly pemut shall set forth the following information:
79 (1) The name, ddress and telephone number of the person seeking to conduct such parade, race or public
80 assembly; this p�rson should be the person in chazge or chairperson of the parade, race or pubiic assembly;
81 (2) The names, ad esses and telephone numbers of the headquarters of the organization for which the
82 pazade, race or publi assembly is to be conducted, if any, and the authorized and responsible heads of the
83 organization;
84 (3) The requested date o e parade, race or public assembly;
85 (4) The location of the paza e� race or public assembly and the route to be traveled, including the starting
86 point and the termination poin�
87 (5) The hours when such parade, r�ce or public assembly will start and terminate;
88 (6) The statement as to whether the �rade, race or public assembly will occupy all or only a portion of the
89 width of the streets proposed to be tra�ersed;
90 (7) The location by street of any assembl}�areas for such parade, race or public assembly;
91 (8) The time at which units of the parade, ra or public assembly will begin to assemble at any such area;
92 (9) The intervals of space to be maintained be een units of such parade or public assembly;
93 (10) If the parade, race or public assembly is desi � ed to be held by, or on behalf of, any person other than
94 the applicant, the applicant for such permit shall file�a letter from that person with the chief of police
95 authorizing the applicant to apply for the permit on h�s�behalf;
96 (11) The type of parade, race or public assembly, inclu�ng a description of activities planned during the
97 event; �
98 (12) A description of any sound amplification equipment to�e used in connection with the parade, race or
99 public assembly; `
�,
100 (13) The approximate number of participants (spectators are by� not participants), including the
101 type and number of animals and vehicles; •�
102 (14) The approximate number of spectators reasonably anticipated;
103 (15) A designation of any public facilities or equipment to be utilized; i ,
104 (16) Where the event is in an area covering two blocks or less of sidewalks; streets ar other public
105 property, the addresses of any properties that abut the location of the parade, ace or public assembly;
106 (17) Where the event is in an area covering two (2) blocks or less of sidewalks, st�eets or other public
107 property, a signed statement by the permit applicant stating that all the addresses of`any properties that abut
108 the location of the parade, race or public assembly, have received notification of the e�nt.
109 (18) Any additional information that the chief of police finds reasonably necessary to a
110 as to whether a permit should issue.
111 (C.F. No. OS-220, § 1, 7-6-OS)
112 Sec. 366A.05. Fees.
• \
6 �-9a �
11 �(a) A nonrefundable fee of ten dollars ($10.00) to cover administrative costs of processing the pernut shall
114 ��e paid to the city by the applicant when the application is filed.
115 (b) f the application is for the use of any city property or if any city services shall be requued for the
116 para race or public assembly, the applicant shall pay, prior to the issuance of a permit, the charges for
117 those s ices in accordance with a schedule of service costs approved by the city council by resolution.
118 (c) The ckiiaf of police shall determine whether, and to what extent, additional police protection is
ll 9 reasonably il�cessary for a parade, race or public assembly for traffic control and public safety. The chief
120 of police shall�base this decision on the following factors:
121 (1)Staging. �
122 a. The number of�i�ee
123 b. The type of streei`��
124 vehicular and pedestri�
125 a The time of day and
126 d. The amount of vehi�
or sidewalks to be controlled and/or closed;
sidewalk to be controlled and/or closed, which shall take into consideration the
n traffic flow on the street or sidewalk;
of week of the event;
pedestrian traffic required to be rerouted as a result of the event;
127 e. The number of electric traff ; control devices that are required to be operated manually by police
128 officers as a result of the event�
129 £ The number of traffic/pedestrian`�trol cones and parade barricades that are required to be used as a
130 resulY of the event; �
131 g. The characteristics of the event and tA azea of the event, to include the type and volume of the event
132 traffic and the speed limits of the area. Th type of traffic could include, but is not limited to, types of
133 vehicles, pedestrian, and animals in the eve • and
134 h, The number of supervisors with the require ent that there be at least one (1) supervisor if there are five
135 (5) or more officers assigned to the event.
136 (Z) Event control point.
137 a. The number and size of intersections to be control , d or closed; and
138 b. The number of supervisors required as set forth
139 (3) Event.
140 a. Whether or not the sponsors are requesting a ceremonial p ade escort;
141 b. The size of the event in terms of the number of participants, ° ec
142 c. The time of day and day of week of the event;
143 d. The number of residences and businesses that aze affected by the
144 e. The type of intersections that are affected by the event.
145 (4) Disbanding.
146 a. Size and characteristics of the event.
vehicles and animals;
�
147 (d) The speech content of the event shall not be a factor in determining the amount of police protection
148 necessary for the purposes of assessing a fee. `,
149 (e) If possible, without disruption of ordinary police services or compxomise of public safety, regularly
150 scheduled on-duty personnel will police the event. If additional police protecfion for the event is deemed
o �-�a�
151 necessary by the chief of police upon consideration of the factors set forth in subsection (c), he shall so
15 inform the applicant for the permit. The applicant must then pay for the additional police services at the
153 stablished formula rates. The established forxnula rate for regular on-duty officers is regular salary, plus
154 re az fringe benefits, plus regulaz worker compensation. The established formula rate for overtime
155 offic s is overtime salary, plus overtime fringe benefits, plus overtime worker compensation. All formula
156 salary a d fringe benefit rates aze established at the ten-yeaz rate for each officer's rank, as found in the
157 current ci police federation agreement plus the current worker compensation rates for the police
158 department.
159 (C.F. No. 0`
160
161
162 Sec.366A.06.
§ 1, 7-6-OS)
for issuance.
163 (a) The chief of police shall issue a permit as provided for herein when, from a consideration of the
164 application and from sueh�other information as may otherwise be obtained, he finds that:
165 (1) The conduct of the parad�,,race or public assembly will not substantially interrupt the safe and orderly
166 movement of other pedestrian b� vehicular traffic contiguous to its route or location;
167 (2) The conduct of the parade, race or public assembly will not require the diversion of so great a number
168 of city police officers to properly podice the line of movement and the areas contiguous thereto that the
169 deployment of police services for the `p�roposed parade, race or public assembly would have an immediate
170 and adverse effect upon the welfare and';�afety of persons and property;
171 (3) The concentration of vehicles, persons` ,
172 public assembly will not unduly interfere wi�
173 to, areas contiguous to such parade, race or p
animals at public assembly points of the parade, race or
proper fire and police protection of, or ambulance service
i�ic assembly;
174 (4) The conduct of the parade, race or public asse bly is not reasonably likely to cause injury to persons or
175 property and will not, on its face, violate any federa staYe or city law, regulation, or ordinance;
176 (5) The parade, race or public assembly is scheduled td�nove from its point of origin to its point of
177 termination expeditiously and without unreasonable dela � en route;
178 (6) Adequate sanitation and other required health facilities a�,,e or will be made available in or adjacent to
179 any parade, race or public assembly areas; ��
180 (7) There are sufficient parking places near the beginning and en � sites
181 assembly to accommodate the number of vehicles reasonably expe , ed;
of the parade, race or public
182 (8) The applicant has paid all fees required under section 366A.05; \,
183 (9) No parade, race or public assembly permit application for the same tirrae and location is already
184 granted, or has been received and will be granted, and no event listed in secE�on 366A.03 is already
185 scheduled for the same time and location; �
186 (10) The conduct of the pazade, race or public assembly will not interfere with pr iously scheduled
187 construction or maintenance projects upon or along streets or sidewalks;
188 (11) No parade, race or public assembly permit application for the same time but differel�t location is
189 already granted or has been received and will be granted, and the police resources required' for that prior
190 pazade, race or public assembly are so great that, in combination with the subsequent proposed permit, the
6"7-9a�o
19 resulting deployment of police services would have an immediate and adverse effect upon the welfare and
192 fety of persons and properiy; and
193 (12) o event is scheduled elsewhere in the city where the police resources required for that event aze so
194 great t the deployment of police services for the proposed pazade, race or public assembly would have
195 an imme � te and adverse effect upon the welfare and safety of persons and property.
196 (b) No perm shall be granted that allows for the erection or placement of any structure, whether
197 permanent or t porary, on a city street, sidewalk or right-of-way unless advance approval for the erection
198 or replacement o��the structure is obtained from the city council.
199 (c) No permit shall�be granted that allows a parade, race or public assembly to occur between the hours of
200 11:00 p.m. and 7:00 a.m.
a
201 (d) In determining wheYla to grant or deny a permit, the chief of police shall not consider:
202 (1) The content of the spe8ch, message, views or expression of the parade, race or public assembly ar its
203 participants; �
a
204 (2) The potential conduct of sp`ectators and other nonparticipants in response or reaction to the content of
205 the speech, message, views or expression of the parade, race or public assembly or its participants.
206 (C.F. No. OS-220, § 1, 7-6-OS)
207 Sec. 366A.07. Nondiscrimination.
208 The chief of police shall uniformly consitl,er each application upon its merits and shall not discriminate in
209 granting or denying permits under this chap�ter based upon speech content or upon poliUcal, religious,
210 ethnic, race, disability, sexual orientation or �nder related grounds.
2ll (C.F. No. OS-220, § 1, 7-6-OS)
212
213 Sec. 366A.08. Notice of grant or denial of
214 (a) The chief of police shall act promptly upon a timely fi�d application for a parade, race or public
215 assembly permit but in no event shall grant or deny a permit�ess than forty-eight (48) hours prior to the
216 event. Applications filed more than thirty (30) days in advanc��ofthe proposed event shall be processed
217 within seven (7) days. Applications filed more than sixty (60) da�ys in advance of the event shall be
�
218 processed within twenty-one (21) days. `�,�
�e
219 (b) If the chief of police waives the minimum filing period and accep�s for processing an untimely
220 application, he shall act upon the application as expeditiously as possib`ig�, but must grant or deny the
221 permit prior to the commencement of the proposed event. `�
�
222 (c) If the chief of police disapproves the application, he shall promptly notif}��the applicant of his action in
223 writing, either by personal delivery or certified mail, and state the reasons for de�nial.
224 (C.F. No. OS-220, § 1, 7-6-OS) �.
225 Sec. 366A.09. AlternaYive permit. �
226 (a) The chief of police, in denying an application for a parade, race or public assembly pe� may
227 authorize the conduct of the parade, race or public assembly at a date, time, location, or rou�e different
228 from that named by the applicant. An applicant desiring to accept an alternate permit sha11, within five (5)
229 days after notice of the action of the chief of police, file a written notice of acceptance with the chief of
230 police.
� � ���
231 (b) An altemate parade, race or public assembly permit shall conform to the requirements of, and shall
232 h ve the effect of, a parade, race or public assembly permit issued under this chapter.
233 (C.F\No. OS-220, § 1, 7-6-OS)
234 Sec.
235 (a) Any ap�ic
236 city council�7
237 filing a writte�
238 shall act upon
Appeal procedure.
ant shall have the right to appeal the denial of a parade, race or public assembly permit to the
he denied applicant shall make the appeal within five (5) days after receipt of the denial by
�otice with the chief of police and a copy of the notice with the city clerk. The city council
th� at the next scheduled meeting following receipt of the notice of appeal.
239 (b) In the event tha�the city council rejects an applicanYs appeal, the applicant may file an immediate
240 request for review �' 1,h a court of competent jurisdiction.
241 (C.F. No. OS-220, § 1,�"� 6-OS)
242 Sec. 366A.11. Notice to �ity and other officials.
243
244
245
246
247
248
249
250
251
Immediately upon the issuaiace of a pazade, race or public assembly permit, the chief of police shall send a
copy thereof to the following��
�.
(a) The mayor; �
(b) The fire chief; �
(c) The director of the department o��
(d) The manager or responsible head of
(e) The city council.
(C.F. No. OS-220, § 1, 7-6-OS)
works;
metropolitan transit commission; and
252 Sec. 366Al2. Contents of permit.
253 Each parade, race or public assembly permit shall
254 (a) Starting and approximate ending time;
Z55 (b) Minimum speed of parade units;
256 (c) Masimum speed of parade units;
257 (d) MaYimum interval of space to be maintained beriveen
following information:
258 (e) The portions of the streets that may be occupied by the parade, race
�.
259 ( fl The maximum length of the parade or race in miles or fractions then
260 (g) Such other information as the chief of police shall find necessary to
261 (C.F. No. OS-220, § 1, 7-6-OS)
or public assembly;
:of; and
of this chapter.
262 Sec. 366A.13. Duties of permitted.
263 (a) A permitted hereunder shall comply with all permit directions and conditions an�with all applicable
264 laws and ordinances; and �
265 (b) The parade, race or public assembly chairperson or other person in charge of such activit}>�sha11 carry
266 the parade, race or public assembly permit upon their person during the conduct of the parade, ra�,or
267 public assembly. �
�
6����
(C.F. No. OS-220, § 1, 7-6-OS)
Sec. 366A.14. Prohibitions.
270
following prohibitions shall apply to all pazades, races and public assemblies:
271 (a) shall be unlawful for any person to stage, present or conduct any parade, race or public assembly
272 witho first having obtained a permit as herein provided;
273 (b) It sha`�be unlawful for any person to participate in a pazade, race or public assembly for which the
274 person kno�s a permit has not been granted;
275 (c) It shall be
276 duly licensed
277 permit;
278 (d) It shall be
279 constitute a s�
280 public peace or rights
il for the chairperson or any person in charge of, or responsible for the conduct of, a
race or public assembly to knowingly fail to comply with any condition of the
for any person to engage in any pazade, race or public assembly activity that would
hazard to the public safety or that would materially interfere with or endanger the
f�esidents to the quiet and peaceful enjoyment of their property;
281 (e) It shall be unlawful for a�y person participating in any parade, race or public assembly to carry or
282 possess any length of inetal, Iumber, wood, or similar material for purposes of displaying a sign, poster,
283 plaque or notice, unless such oUj,ect is one-fourth (1/4) inch or less in thickness and two (2) inches or less
284 in width, or if not generally rectangular in shape, such object shall not exceed three-fourths (3/4) inch in its
285 thickest dimension;
286 ( fl It shall be unlawful for any persom�participating in a parade, race or public assembly to utilize sound
287 amplification equipment at decibel levels that exceed those limits imposed by federal, state or city law,
288 regulation, or ordinance; and
289 (g) It shall be unlawful for any person to ride, drive, or cause to be ridden or driven, any animal or any
290 animal-drawn vehicle upon any public street, unless specifically authorized by the permit.
291 (C.F. No. OS-220, § 1, 7-6-OS)
292 Sec. 366A15. Public conduct during parades, races or public assemblies.
293 (a) No person shall unreasonably hamper, obstruct or impede, or interfere with any parade, race or public
294 assembly or with any person, vehicle or animal participating or used in a parade, race or public assembly;
295 (b) No driver of a vehicle shall drive between the vehicles`or persons comprising a pazade, race or public
296 assembly when such vehicles or persons are in motion and aY�e conspicuously designated as a parade, race
297 or public assembly; and `4�
298 (c) The chief of police shall have the authority, when reasonabl}�necF
299 parking of vehicles along a street constituting a part of the route o��
300 chief of police shall post signs to that effect, and it shall be unlawful''
301 unattended any vehicle in violation thereof. No person shall be liable
302 violation of this chapter.
303 (C.F. No. OS-220, § 1, 7-6-OS)
304 Sec. 366A.16. Revocation of permit.
iry, to prohibit or restrict the
ade, race or public assembly. The
any person to park or leave
on a street unposted in
305 The chief of police shall have the authority to revoke a parade, race or public assembly permit instantly
306 upon violation of the conditions or standards for issuance as set forth in this chapter or when a public
307 emergency arises where the police resources required for that emergency are so great that deployment of
��-���
30 olice services for the parade, race or public assembly would have an immediate and adverse effect upon
309 t welfare and safety of persons or properry.
310 (C. . 0.05-220, § 1,7-6-OS)
311 Sec. 36 .17. Penalfies.
312 Any perso violating the provisions of any section of this chapter shall be guilty of a misdemeanor.
�
313 (C.F. No. OS-'a�20, § 1, 7-6-OS)
314 Sec. 366A.18. S��everability.
315 If any section, subsection, sentence, ciause or phrase of this chapter is for any reason held invalid or
316 unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the
317 validity of the remaining portions of this chapter.
318 (C.F. No. OS-220, § 1, 7-6-OS)
319
Yeas Nays Absent
Benanav
Bostrom
Harris
Helgen
Lanhy
Montgomery
Thune
Adopted by Council: Date
Adoption Certified by Council Secretary
By:
Approved by Mayor: Date
By:
Requested by Department oE
�
Form Appro y i Attorney
B
Form Approved by Mayor for Submission to Council
By:
/
/
� Green Sheet Green Sheet Green Sheet Green Sheet Green 5heet Green Sheet �
� 7����
Depar7merM/o ��c�: j �qUG-07� d. , Green Sheet NO: 3043363
c o -����`
ConWCt Person 8 Phoqa:
Coundimember Dav"ea
266-8820
Must Be on Council /{qeni
O5-SEP-07
Doa Type: ORDINANCE
E-Document Required: Y `l_ �
Document Contact: Barb Benson \
Contact Phone: 266-8620
Total # of Signature Pages ` (Clip All
Amending Chapter 366A of the Saint Paul
Planning Commission
CIB Cwnmittee
Civil Service Commission
�
Assign
Number
For
Routing
Order
forSignature)
0 omcil
1 onncil De enY7l+rector
2 Aftorne Ci Attorne
3 ' Qerk Gti Clerk
4
5
Code, Parades, Races and Public Assemblies.
1. Ha's this F
Yes �; N�
t„
2. Has this �K
Yes N�
3. Does this
ever worked under a conVact for this tlepartment?
ever been a city employee?
Yes No
Explain all yes
Initiating Problem, lssues, Opportuniiy (Who, What, When, Where, Why):
a skill not nortnally possessed by any
separate sheet and attach to green sheet
e
Ativantages IfApprovetl:
Disadvantages if Approved:
Disadvantages If Not Approved:
Transaction:
Funding Source;
Financial I�ormaiion:
(Explain)
CostlRevenue Budgeled:
Activity Number:
y ,. �.
7
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