The text
(a)
Definitions. As used in this section:
Parade means any parade, march, motorcade, ceremony, show, exhibition, pageant, road race, bicycle race, walk-a-thon or procession consisting of people, animals or vehicles, or combination thereof, except funeral processions, in or upon any public street, sidewalk, alley, park or other public place in the city.
Parade permit means a permit as required by this section.
(b)
Permit required; exceptions. No person shall engage in, participate in, aid, form or start any parade without a parade permit from the board of public safety. This section shall not apply to:
(1)
Funeral processions.
(2)
Students going to and from school or participating in educational activities.
(3)
A governmental agency acting within the scope of its functions.
(c)
Application for permit. A person seeking issuance of a parade permit shall file an application with the chief of police on forms provided by such officer.
(1)
Filing period. An application for a parade permit shall be filed with the chief of police not less than 30 and not more than 60 days before the date on which it is proposed to conduct the parade.
(2)
Contents. The application for a parade permit shall set forth the following information:
a.
The name, address and telephone number of the person seeking to conduct such parade.
b.
If the parade is proposed to be conducted for, on behalf of, or by an organization, the name, address and telephone number of the headquarters of the organization and of the authorized and responsible heads of such organization.
c.
The name, address and telephone number of the person who will be the parade chairperson and who will be responsible for its conduct.
d.
The date when the parade is to be conducted.
e.
The route to be traveled, the starting point and the termination point.
f.
The approximate number of persons who, and animals and vehicles which, will constitute such parade, the type of animals, and a description of the vehicles.
g.
The hours when such parade will start and terminate.
h.
A statement as to whether the parade will occupy all or only a portion of the location proposed to be traversed.
i.
The location by streets of any assembly areas for such parade.
j.
The time at which units of the parade will begin to assemble at any such assembly area or areas.
k.
The interval of space to be maintained between units of such parade.
l.
Any additional information which the board of public safety shall find reasonably necessary to make a fair determination as to whether a permit should issue.
If the parade is designed to be held by, on behalf of or for any person other than the applicant, the applicant for such permit shall file with the board of public safety a communication in writing from the person proposing to hold the parade authorizing the applicant to apply for the permit on his/her behalf.
(3)
Late applications. The board of public safety, where good cause is shown therefor, shall have the authority to consider any application hereunder which is filed less than ten days before the date such parade is proposed to be conducted.
(d)
Standards for issuance of permit. The board of public safety shall issue a permit as provided for hereunder when, from a consideration of the application and from such other information as may otherwise be obtained, the board finds that:
(1)
The conduct of the parade will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route.
(2)
The conduct of the parade will not require the diversion of so great a number of police officers of the city to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection to the city.
(3)
The conduct of such parade will not require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of the city other than that to be occupied by the proposed lines of march and areas contiguous thereto.
(4)
The concentration of persons, animals and vehicles at assembly points of the parade will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such assembly areas.
(5)
The conduct of such parade will not interfere with the movement of firefighting equipment en route to a fire.
(6)
The conduct of the parade is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct or to create a disturbance.
(7)
The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route.
(8)
The parade is not to be held for the principal purpose of advertising any product, goods or event, and is not designed to be held principally for private profit; provided that such a parade may be permitted upon the condition that the person seeking to conduct the parade agrees to pay any costs for the police or special police detailed to the parade.
(e)
Alternate permit. The board of public safety, in denying the application for a parade permit, shall be empowered to authorize the conduct of the parade on a date, at a time, over a route and under other conditions reasonably necessary for the public safety different from those named by the applicant. An applicant desiring to accept an alternative permit shall within five days after notice of the alternative permit file a written notice of acceptance with the chief of police.
(f)
Grant or denial of permit. At the next meeting of the board of public safety subsequent to the submission of the application, the board of public safety shall determine if the proposed parade meets the standards hereinabove prescribed, and shall grant the permit if and only if the conditions are met. The board of public safety shall note the reasons for any denial. Notice of the grant or denial and reasons therefor shall be given in writing by the chief of police to the applicant within three days after the action of the board of public safety.
(g)
Contents of permit. Each parade permit shall state the following information:
(1)
Starting time.
(2)
The portions of the streets to be traversed that may be occupied by the parade.
(3)
The maximum length of the parade in miles or fractions thereof.
(4)
Such other information as the chief of police shall find necessary to the enforcement of this section.
(h)
Duties of permittee. A permittee hereunder shall comply with all permit directions and conditions and with all applicable laws and ordinances.
(i)
Possession of permit. The parade chairperson or other person heading or leading such activity shall carry the parade permit upon his/her person during the conduct of the parade.
(j)
Public conduct during parades.
(1)
Interference. No person shall unreasonably hamper, obstruct or impede or interfere with any parade or parade assembly or with any person, vehicle or animal participating or used in a parade.
(2)
Driving through parade. No driver of a vehicle shall drive between the vehicles or persons comprising a parade when such vehicles or persons are in motion and are conspicuously designated as a parade.
(3)
Parking on parade route. The chief of police shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a highway or part thereof constituting a part of the route of a parade. The chief of police shall post signs to such effect, and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof. No person shall be liable for parking on a street unposted in violation of this section.
(Code 1971, § 22-5)
Cross reference— Streets and sidewalks, ch. 70.
State Law reference— Authority to regulate parades and processions, G.L. 1956, § 31-12-12(3).