HomeMy WebLinkAbout2024-10-21 I03 Parade Ordinance_3RD READAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: October 21, 2024
AGENDA ITEM:Consideration of approval of an ordinance to amend Chapter 60,
Administration of Traffic Code, by amending Section 60.08, Parades
Regulated, as specified [third (final) reading]
FORMAT:Ordinance
SYNOPSIS INCLUDING PRO & CON:
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the third reading of the ordinance in title only and place it on final
passage.
ATTACHMENTS: I. Proposed Ordinance
PREPARED BY: Becky Schuett
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
I3
ORDINANCE NO.
AN ORDINANCE TO AMEND CHAPTER 60, ADMINISTRATION OF TRAFFIC
CODE, BY AMENDING SECTION 60.08, PARADES REGULATED, AS SPECIFIED
BELOW
WHEREAS, the City of Waukee has determined that it is necessary to amend parade
regulations to more accurately reflect current practices;
BE IT THEREFORE ORDAINED by the City Council of the City of Waukee:
Section 1. Waukee Municipal Code Chapter 60, Administration of Traffic Code, is hereby
amended by repealing Section 60.08, Parades Regulated, in its entirety and replacing the section as
follows:
60.08 PARADES REGULATED.
No person shall conduct or cause any parade on any street except as provided herein:
1. “Parade” Defined. “Parade” means any march or procession of persons, with or without
vehicles, organized for marching or moving on the streets, sidewalks, or other public ways in an
organized fashion or manner, or any march or procession of persons or vehicles represented or
advertised to the public as a parade, which requires a street closing or the stoppage or rerouting
of vehicular traffic because the participants in the parade do not comply with the normal and
usual traffic regulations or controls.
2. Permit Required. No parade shall be conducted without first obtaining a special event permit
from the City. City staff shall be responsible for the issuance of special event permits. Following
receipt of a recommendation from City staff, Council shall decide by resolution whether to
approve street closures associated with a parade in accordance with the Code of Iowa. The
permit application must be made in writing not less than sixty (60) days in advance of the parade
and shall state:
A. The date, starting time and anticipated ending time of the parade;
B. The name, address, e-mail address and telephone number of the applicant;
C. The route of the parade; and
D. The approximate number of persons and vehicles in the parade.
3. Issuance. The City shall issue the applicant a permit unless:
A. The Police Chief determines that the time, route, or size of the parade will unreasonably
disrupt the use of any street or sidewalk that is ordinarily subject to significant congestion or
traffic;
B. The conduct of the parade will require the diversion of so great a number of city police
officers to properly police the line of movement and the areas contiguous thereto as to prevent
normal police protection of the city;
C. The concentration of persons, animals and/or vehicles caused by the parade will interfere
unduly with the proper fire and police protection of or ambulance service to areas contiguous
to the parade or other areas of the city;
D. Another parade permit has already been issued for that day;
E. An event is scheduled elsewhere in the city where city resources required for that event are
so great that the deployment of city services for the proposed parade would have an immediate
and adverse effect upon the welfare and safety of persons or property;
F. The proposed parade will interfere with previously scheduled maintenance or repair work to
be carried out on the streets or public ways to be used; or
G. The proposed parade violates any other governing law or ordinance.
4. Such permit granted to the person organizing or sponsoring the parade shall be permission
for all participants therein to parade when such participants have been invited by the permittee to
participate therein.
5. Hours; Fee. No permit shall be granted for a parade through a residential district, except
during the hours of 8:00 a.m. to 8:00 p.m.
6. The applicant shall pay the applicable nonrefundable special event permit application fee in
the amount set by resolution of the Council. The application fee must be paid at the time of
submittal of the application.
7. Parade Not a Street Obstruction. Any parade for which a permit has been issued as herein
required, and the persons lawfully participating therein, shall not be deemed an obstruction of the
streets notwithstanding the provisions of any other ordinance to the contrary.
8. Control of Parade. Persons participating in any parade shall at all times be subject to the
lawful orders and directions in the performance of their duties of law enforcement personnel,
members of the Fire Department, and staff and volunteers of the Parks & Recreation Department.
9. Permit Revocation. A permit for any parade in progress may be revoked and the event
terminated by the Police Chief or the Fire Chief, or their respective designees, if the safety of the
public is imminently endangered by activities generated during the parade, the participants or
attendees engage in violent or destructive behavior causing injury to persons or damage to
property, or if there is a major violation of the conditions of the permit such that the standards of
issuance have not been satisfied.
10. Penalties. Any person who violates any of the provisions of this article may be charged with
a simple misdemeanor criminal offense or receive a municipal infraction civil citation, pursuant
to title 1, chapter 4 of this code. The city shall have the discretion to enforce this article either as
a simple misdemeanor or a municipal infraction.
Section 2. Repealer. All ordinances or parts of ordinances in conflict with the provisions of
this ordinance are hereby repealed.
Section 3. Severability Clause. If any section, provision or part of this ordinance shall be
adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance
as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional.
Section 4. Effective Date. This ordinance shall be in effect upon its final passage, approval
and publication as provided by law.
Passed by the Council the ___ day of _______, 2024, and approved this ___ day of _______, 2024.
Courtney Clarke, Mayor
Attest:
Rebecca D. Schuett, City Clerk