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Legislation #: 011599 Introduction Date: 11/15/2001
Type: Ordinance Effective Date: 12/30/2001
Sponsor: None
Title: Amending Chapter 70, Code of Ordinances by repealing therein Section 70-263, Permit for parades, processions and races, and enacting in lieu thereof a new section of like number and subject matter.

Legislation History
DateMinutesDescription
11/15/2001

Prepare to Introduce

11/15/2001

Referred Operations Committee

11/19/2001

Hold On Agenda

12/12/2001

Hold On Agenda

12/19/2001

Advance and Do Pass

12/20/2001

Passed


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ORDINANCE NO. 011599

 

Amending Chapter 70, Code of Ordinances by repealing therein Section 70-263, Permit for parades, processions and races, and enacting in lieu thereof a new section of like number and subject matter.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Chapter 70, Code of Ordinances is hereby amended by repealing therein Section 70-263, Permit for parades, processions and races, and enacting in lieu thereof a new section of like number and subject matter, which reads as follows:

 

Sec. 70_263. Permit for parades, processions and races.

 

(a) Definitions. As used in this chapter:

 

Applicant means an individual person, a partnership, the manager of a limited liability company or a corporation.

 

Block party means a proposed event that involves the temporary closing of a residential street, using city_approved barricades denying access to through_traffic (except emergency vehicles and residents who reside within the barricaded area) in order to hold the event.

 

Director means the director of public works and who shall prescribe all forms of applications and permits in compliance with the provisions of this section.

 

Funeral Procession means a line of vehicles or persons or both traveling to a cemetery or other place of repose in connection with a funeral.

 

Parade means an organized, continuous procession of vehicles or persons or both or a race on any street or highway as defined in section 70-1 of the Code of Ordinances.

 

Race means any organized marathon, contest or competition of speed and endurance, including but not limited to, persons using bicycles, wheelchairs, roller blades, roller skates, or other vehicular device powered by human effort as opposed to a motorized vehicle, and persons running, jogging or walking.

 

(b) Authority to promulgate rules and regulations. The director shall have authority to promulgate rules and regulations to implement this ordinance.

 

(c) Permit required. Except funeral processions and parades in conjunction with and within the barricaded area of a permitted block party, no parade consisting of a person, procession of persons shall walk or more than three vehicles shall be driven on any street or highway without first obtaining a permit therefor from the director.


(d) Application. A permit for a parade shall not be issued unless a written application therefor has been filed in the form prescribed by the director not less than 7 business days, not including the day that the application is filed, before the proposed parade. Each application shall be accompanied by a fee of $35.00. Unless the parade has a commercial sponsorship, or an entry fee for participation in the parade, this fee may be waived if parade is a city sponsored event or if the applicant has obtained a waiver from the director pursuant to standards for waiver set forth in this section. Each application shall include the following information regarding the parade.

 

(1) The name and address of the person filing the application and the name of each sponsor.

 

(2) If applicable, the name and address of the organization.

 

(3) The proposed date(s) of the parade.

 

(4) The time of set up, commencement, termination and cleanup of the streets, sidewalks and surrounding areas.

 

(5) The route and maximum length of the parade route.

 

(6) The number of people and vehicles taking part.

 

(7) The area of the right of way to be reserved for the parade.

 

(8) If the parade is covered by insurance provided by the applicant or sponsor, a certificate showing the city as an additional insured.

 

(e) Each application shall be accompanied by the following documents:

 

(1) Commitment that the applicant and sponsor organization are responsible for post_parade cleanup on the streets, sidewalks and other public ways.

 

(2) Certification that the applicant or sponsor organization have, not less than five (5) business days prior to the proposed event, notified in writing all owners of property adjacent to the proposed parade route, of the name of the event; name of the sponsor organization including mailing address and telephone number; date, starting and ending times of the event; and the detailed description of the route.

 

(3) The certification shall include a list of all the addresses along the proposed parade route where and persons residing or doing business at those addresses have been notified of the proposed parade.

 


(4) A traffic control plan, including methods, devices and who will be responsible for controlling traffic. (f) Traffic control and costs. A permit for a parade shall not be issued unless the applicant has first coordinated a traffic control plan with the director and the Kansas City Police Department. Except for a waiver of costs issued by the director pursuant to regulations issued by the director, a permit for a parade shall not be issued unless the applicant has first paid the costs for the traffic control required for the parade to the Police Department.

 

(g) Authority to impose conditions. In order to protect the health, safety and welfare of the public, the director shall have the right to determine the following conditions for the parade:

 

(1) The route and maximum length of the parade.

 

(2) The number of people and vehicles taking part.

 

(3) The minimum and maximum speeds.

 

(4) The maximum intervals of space to be maintained between the units of the parade.

 

(5) The area of the right of way to be reserved for the parade.

 

(6) The time of set up, commencement, termination and cleanup of the streets, sidewalks and surrounding areas.

 

(7) Traffic control measures.

Any condition imposed by the director that is unacceptable to the applicant shall be considered a denial for purposes of appeal procedure.

 

(h) Standards for determination of conditions. The director shall determine the conditions for the parade in accordance with the following standards:

 

(1) What effect the conduct of the parade will have on the safe and orderly movement of pedestrian and vehicular traffic contiguous to the parade route.

 

(2) Whether the conduct of the parade will require the diversion of so great a number of police officers to properly police the line of movement and the areas contiguous thereto will prevent normal police protection to the city.

 

(3) Whether the conduct of the parade will interfere with the movement of police vehicles, firefighting equipment and ambulances en route to emergency destinations.

 

(4) Whether the plan for the conduct of the parade will include stopping en route.

 

(5) Whether there are viable alternatives for location of the parade route including sidewalks contiguous to the proposed route or available public parks along the proposed route.

(i) Assistance from other city departments. In connection with the directors investigation of an application for a parade permit, all the departments of the city shall provide information and assistance to the director upon request, and the director may also request the police department to provide information and assistance in order to consider appropriate conditions for the parade.

 

(j) Procedure and standards for determination of waiver.

 

(1)               An applicant who seeks waiver of the application fee or Police Department costs for traffic control shall complete an affidavit that lists the assets, income, and number of dependents, if any, of the applicant. The director will review the information on the affidavit and determine whether the applicant is entitled to a waiver using the following criteria.

 

(2) An applicant may be granted a waiver when it appears from all the circumstances that the applicants assets, income, number of dependents, living expenses and other debts, if an individual, demonstrates that the applicant does not have the means available to afford the cost for the permit application fee or traffic regulation using the following standards: a. An applicant is eligible for waiver if applicants take-home pay and other sources of income do not exceed $206 plus $30 per week for each dependent the applicant is supporting. For example, an applicant supporting two children and one unemployed spouse would qualify if the net salary does not exceed $296 per week.

 

b. When making the financial determination, the following factors should be taken into consideration:

 

1. Debts should be taken into consideration to the extent that payments reduce the take-home pay below the eligibility level. Debts caused by hospital bills, taxes, fines, child support and alimony are allowable only if actual payments on such debts are being made.

 

2. Spouses income should be considered if applicants spouse is employed and supports the applicant. The income shall also be considered if they share household expenses.

 

3. Parents income should be considered if the parents of an applicant support the applicant. It shall be presumed that an applicant under 18 years of age and residing with a parent is dependent upon family income.

 

4. If the applicant owns or is buying real property, and the applicants equity exceeds $10,000.00, the applicant would not qualify for a waiver.

 

5. If the total value of the applicants equity in assets other than real property, including but not limited to motor vehicles, boats, bank accounts, stocks, bonds, jewelry, equity in insurance and any other financial exceeds $2,000.00, the applicant would not qualify for a waiver.

 

(k) If the director has granted a waiver of permit application fees or traffic control fees under the standards set forth herein, then in addition to any other conditions, the director may impose a viable alternative route; a viable location; a viable length of parade route; or a time limit if traffic control for the proposed parade route would require the use of more than twelve (12) police officers for a maximum of four (4) hours or if the cost of the traffic control as estimated by the director to exceeds $1,500.00. Any condition imposed by the director that is unacceptable to the applicant shall be considered a denial for purposes of appeal procedure.

 

(l) Limitation of waivers. An applicant who continues to meet the requirements in these regulations for waiver of the application fee or Police Department costs for traffic control shall be limited to not more than three (3) waivers in a calendar year.

 

(m) Denial of permit.

 

(1) No permit shall be issued by the director if the location or proposed route of the parade presents a clear and present danger of destruction of, or injury to, life or property, or if the applicant has not met the requirements for a parade permit contained in this section, provided that no parade permit shall be denied on the basis of the content of the parade or the potential for hostility of onlookers or parade participants.

 

(2) If the application for a parade permit is denied, the director shall notify the applicant within 2 days, not including weekends and holidays, or 2 business days after the denial in person, or by registered or certified mail to the applicants last known address, and shall state the basis for the denial.

 

(3) An applicant who has been denied a parade permit may appeal the decision of the director to the City Manager or his designee, who shall convene an administrative hearing within 2 days, not including weekends and holidays, or 2 business days after a request for a hearing, unless the applicant desires to extend the time. At the conclusion of the administrative hearing, the City Manager or his designee shall issue a written decision and serve it on the applicant.

 

(4) In the event that there is insufficient time before the proposed parade to conduct an administrative hearing after a timely request for same by an applicant, then the applicant may seek redress from the directors decision in a court of competent jurisdiction.

 

(n) Display of permit. The parade permit shall be in the possession of the applicant or a representative of the applicant during the parade at the parade site and shall be presented, on request, to any city official or officer of the police department at any time prior to or during the parade.

 

(o) Revocation of permit. A parade permit may be revoked by the director, the procession may be halted, and the participants may be required to disperse whenever the conditions imposed on the parade by the director are being violated; and it shall be the duty of the police department to enforce the orderly dispersal of the participants.

 

(p) Commercial parades. No permit shall be issued by the director authorizing the conduct of a parade which is proposed to be held for the sole purpose of advertising any products, goods, wares or merchandise, and is designed to be held purely for personal profit.

 

________________________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Assistant City Attorney