§ 10-273. Public assembly and parade permits.

(a)

Permit required; permit application. No public assembly or parade is permitted unless a permit allowing such activity has been obtained pursuant to this section. An application for a public assembly or parade permit shall be made in writing on a form prescribed by the permit officer at least thirty (30) days before the commencement of the event. Notwithstanding the preceding sentence, the permit official shall consider an application that is filed less than thirty (30) days before the commencement of the proposed event where the purpose of such event is a spontaneous response to a current event or where other good and compelling causes are shown.

The application must contain the following:

(1)

The name, address and telephone number for the person in charge of the proposed event and the name of the organization with which that person is affiliated or on whose behalf the person is applying (collectively "applicant");

(2)

The name, address and telephone number for an individual who shall be designated as the responsible planner and on-site manager for the event;

(3)

The date, time, place and route of the proposed event, including the location and time that the event will begin to assemble and disband, any requested street closings, and streets upon which parade units will queue prior to the parade;

(4)

The anticipated number of persons and vehicles, and the basis on which this estimate is made;

(5)

A list of the number and type of animals that will be at the event and all necessary health certificates for such animals;

(6)

Such other information, attachments and submissions that are requested on the application form; and

(7)

Payment of a non-refundable application fee established by city council from time to time.

(8)

If the parade is designated to be held by and on behalf of or for any person other than the applicant, the applicant for such person shall file with the chief of police a communication in writing from the person proposing to hold the parade, authorizing the applicant to apply for the permit in his behalf.

(b)

Permitting criteria. An application may be denied for any of the following reasons:

(1)

The application is not fully completed and executed;

(2)

The applicant has not tendered the required application fee or has not tendered other required user fees, indemnification agreements, insurance certificates, or security deposits within times prescribed;

(3)

The application contains a material falsehood or misrepresentation;

(4)

The applicant is legally incompetent to contract or to sue and be sued;

(5)

The applicant has on prior occasions made material misrepresentations regarding the nature or scope of an event;

(6)

The applicant has previously permitted a violation or has violated the terms of a public assembly or parade permit issued to or on behalf of the applicant;

(7)

The applicant has on prior occasions damaged city property and has not paid in full for such damage;

(8)

A fully executed prior application for the same time and place has been received, and a permit has been or will be granted to a prior applicant authorizing uses or activities which do not reasonably permit multiple simultaneous events;

(9)

The proposed event would conflict with previously planned programs organized, conducted, or sponsored by the city and previously scheduled at or near the same time and place;

(10)

The proposed event would present an unreasonable danger to the public health or safety;

(11)

The proposed event would substantially or unnecessarily interfere with traffic;

(12)

The event would likely interfere with the movement of emergency equipment and police protection in areas contiguous or in the vicinity of the event;

(13)

There would not, at the time of the event, be sufficient law enforcement and traffic control officers to adequately protect participants and non-participants from traffic related hazards in light of the other demands for police protection at the time of the proposed event;

(14)

The applicant has not complied or cannot comply with applicable licensure requirements, ordinances or regulations concerning the sale or offering for sale of any goods or services;

(15)

The use or activity intended by the applicant is prohibited by law;

(16)

For non-First Amendment protected public assemblies or parades, (weddings, political fund raisers, social gatherings, etc.) the following criteria shall also apply:

a.

The cultural and/or educational significance of the event;

b.

The extent to which the event contributes to the economic revitalization and business development of the city;

c.

The impact and/or cost of the event to city support services;

d.

The impact of the event to the public health, safety and welfare;

e.

The impact of the event on business and resident populations within or adjacent to the proposed event site;

f.

The evaluation of any previous event produced by the event organizer with regard to planning, quality, public safety and payment of invoices;

g.

The frequency and timing of the event or similar events.

Unless subject to subsection (c)(16), nothing in this section shall authorize the permit official to deny a permit based upon political, social, or religious grounds or reasons, or based upon the content of the views expressed.

(c)

Permit conditions. The permit official may attach reasonable conditions to any permit approval.

(d)

Costs and fees. The applicant shall be responsible for hiring and paying off-duty law enforcement officers, or reimbursing the city for the costs of providing on-duty law enforcement officers, to appropriately police street closures. For festivals, the applicant shall be additionally responsible for hiring and paying off-duty law enforcement officers, or reimbursing the city for the costs of providing on-duty law enforcement officers, to provide internal festival security and for hiring and paying necessary emergency medical, technicians.

(e)

Times allowed for public assembly or parades. No person shall conduct or otherwise participate in any parade except during times authorized by a parade permit. The beginning and termination times for parades shall be determined by the permit official upon consideration of information contained in the application and from such other information as may be otherwise obtained. The permit official may also base his determination upon the issuance standards contained in section 10-273.

(f)

Public personnel requirements. The permit official, in consultation with the city police department shall determine the number of officers needed to appropriately police street closures and for internal security, and the number of emergency medical technicians needed, and the time when such services shall commence and end, taking into consideration the following:

(1)

The proposed location of the special event or route of the parade;

(2)

The time of day that the public assembly or parade is to take place;

(3)

The date and day of the week proposed;

(4)

The general traffic conditions in the area requested, both vehicular and pedestrian. Special attention is given to the rerouting of the vehicles or pedestrians normally using the requested area;

(5)

The number of marked and unmarked intersections along the route requested, together with the traffic control devices present;

(6)

If traffic must be completely rerouted from the area, then the number of marked and unmarked intersections and the traffic control devices are to be taken into consideration;

(7)

The estimated number of participants;

(8)

The estimated number of viewers;

(9)

The nature, composition, format and configuration of the special event or parade;

(10)

The anticipated weather conditions;

(11)

The estimated time for the special event or parade;

(12)

For festivals, whether alcohol will be served, live music offered, or retail sales stations provided, and the number and location of alcohol service stands, music stages and retail stands.

(g)

Cleaning costs. The applicant shall reimburse the city for the costs of providing street and sidewalk cleaning, trash receptacle placement, trash removal and trash disposal. Notwithstanding the foregoing, the city may provide the services required by this subsection at no cost, or at a reduced cost, to the applicant should the city desire to provide such support to the public assembly or parade. Such action is not a waiver of a regulatory requirement based upon political, social, or religious grounds or reasons, or based upon the content of the views expressed, but instead is an affirmative act of city association or speech.

(h)

Time and notice of decision. The permit official shall approve or deny an application within twenty (20) days of receipt. A notice of denial shall clearly set forth the grounds upon which the permit was denied and, where feasible, shall contain a proposal for measures by which the applicant may cure any defects in the application or otherwise procure a permit. Where an application is denied because the proposed event would conflict with another event that has or will be approved, the permit official shall propose an alternative place, if available for the same time, or an alternative time, if available for the same place.

(i)

Appeals.

(1)

An applicant may appeal the denial of an application in writing within ten (10) days after notice of the denial has been received. Within five (5) business days, or such longer period of time agreed to by the applicant, the appeals official shall hold a quasi-judicial hearing on whether to issue the permit or uphold the denial. The applicant shall have the right to present evidence at said hearing. The decision to issue or uphold the denial shall be based solely on the approval criteria set forth in this section. The appeals official shall render a decision on the appeal within five (5) business days after the date of the hearing. In the event that the purpose of the proposed event is a spontaneous response to a current event, or where other good and compelling causes are shown, the appeals official shall reasonably attempt to conduct the hearing and render a decision on the appeal as expeditiously as is practicable.

(2)

The decision of the appeals official is subject to review in the Superior Court of Cabarrus County by proceedings in the nature of certiorari. Any petition for writ of certiorari for review shall be filed with the clerk of superior court within thirty (30) days after the applicant has received notice of the decision. Unless good cause exists to contest a petition for writ of certiorari, the city shall stipulate to certiorari no later than five (5) business days after receiving the order allowing certiorari. Notwithstanding the provisions of any local rule of the reviewing court that allows for a longer time period, the city shall file its brief within fifteen (15) days after it is served with the petitioner's brief. If the petitioner serves his or her brief by mail, the city shall add three (3) days to this time limit, in accordance with G.S. § 1A-1, Rule 5. If the local rule is subsequently amended to provide for a shorter time period for the filing of any brief, then the shorter time period shall control. The North Carolina Rules of Appellate Procedure shall govern an appeal by an applicant from the Superior Court of Cabarrus County.

(Ord. No. 2014-39 , § 1, 12-8-14)