By Brandon Martin · Last edited on Monday
Sec. 30-102. – Definitions.
(a)
Applicant. The person who completes an application for a permit.
(b)
Application for permit. A form provided by the director, the completion of which is necessary for obtaining a permit.
(c)
Director. The director of public works, or the designee of that person.
(d)
Notice. The notification to an applicant of any decision made pursuant to this article. Notice may be by first-class mail to the applicant’s address as set forth in the application, orally in person to the applicant, by telephone to any person believed by the director, or the city manager in the event of an appeal, to be the applicant, or to any telephone answering machine believed by the director, or the city manager in the event of an appeal, to be accessible by the applicant, or by any combination of the means set forth herein. Notice shall be effective, and shall be deemed given to the applicant, on the date it is sent, given or otherwise transmitted or communicated to the applicant, not the date on which it is received by the applicant.
(e)
Permit. Permit issued by the city, through the director, or the city manager in the event of an appeal, allowing a public assembly.
(f)
Permittee. The person or persons, association, partnership, corporation or other entity or group in whose favor a permit is sought or obtained, or persons belonging to such association, partnership, corporation, or other entity or group.
(g)
Public assembly. Any cohesive group of people, animals or vehicles, or combination thereof, upon any sidewalk, street, alley or other portion of the public right-of-way, or within a public park, or on any public property which is outdoors in the City of Roanoke and which group does not comply with normal vehicular or pedestrian traffic, regulations or controls, or normal usage of the sidewalk, street, alley or other portion of the public right-of-way, or park or public property. Such group includes any gathering, demonstration or march, procession, running race, walk, block party, bicycle race, ceremony, show, exhibition, festival or similar event.
(h)
Terms. The terms of a permit shall consist of the information provided by an applicant or otherwise stated in an application
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Sec. 30-103. – Permit required.
(a)
No person may conduct a public assembly in or upon any public street, sidewalk, alley or other portion of the public right-of-way, or in any public park or on any public property, or knowingly participate in any such assembly, without a permit, or being subject to a permit, issued by the director, except in accordance with the terms and conditions of this article. Any person, group or entity, who is not otherwise required to obtain a permit may not parade, march, gather or otherwise engage in an activity which will unduly disrupt either pedestrian or vehicular traffic, the movement of fire-fighting equipment from a station or en route to a fire, or police protection or ambulance service to the area of the activity, or which will interfere with a public assembly for which a permit has been issued.
(b)
No permit may be issued without an applicant submitting a completed application for a permit to the director.
(c)
Any completed application for a permit shall be filed with the director not less than ten (10) business days before the proposed date of the public assembly. The director shall have the authority to consider any completed application under this article which is filed less than ten (10) days before the proposed date of the public assembly, giving due consideration to the urgency of the application and the need to protect the general health, safety and welfare.
(d)
The director shall obtain information relating to the date, time and location or route of the commencement and termination of a proposed public assembly, as well as any other information relevant to the director to protect the general health, safety and welfare of the public.
(e)
Upon receipt of a completed application for a permit, the director shall issue a permit, unless the director finds that:
(1)
The assembly will unduly disrupt either pedestrian or vehicular traffic;
(2)
The assembly will unduly interfere with the movement of fire-fighting equipment from a station or en route to a fire;
(3)
The concentration of persons, animals or vehicles, or any combination thereof, will unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to a public assembly area or route;
(4)
The assembly will interfere with another assembly for which a permit has been issued; or
(5)
The assembly will violate the conditions of a permit as established by the city manager.
(f)
Any permit issued pursuant to this article is subject to all other applicable laws, ordinances, codes and regulations.
(g)
The requirement of a permit shall not apply to:
(1)
A public assembly of fewer than one hundred (100) people in a public park or on public property which is not a public street, alley or sidewalk, and which does not involve the placement of a booth, stage or other temporary structure either within the public parks or on public property;
(2)
A public assembly consisting of five (5) or fewer people on a public sidewalk which does not impede the ordinary flow of pedestrians on a sidewalk;
(3)
A funeral procession;
(4)
Recreational activities, including jogging or walking;
(5)
The United States Army, Navy, Air Force, or Coast Guard, the military forces of the state, and the police or fire department of the city.
(h)
A permit may be issued, though not required under the terms of this article, if a person or entity applies for such permit.
(Ord. No. 35693, § 2, 12-17-01)————————————————————————————————————————
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