PARADE AND PROCESSIONS ORDINANCE
PARADE AND PROCESSIONS ORDINANCE
Enacted 5/7/91
SECTION I. TITLE
This ordinance shall be known and cited as the "Parades and Processions Ordinance of the Town of Gorham, Maine".
SECTION II. STATEMENT OF PURPOSE
The purpose of this ordinance is to protect the health, safety and well-being of any participants in a parade, road race, athletic event, walk, procession or assemblage, as well as the citizens of Gorham, by requiring a permit for any such event.
SECTION III. PERMIT REQUIRED
A. No person, corporation, partnership or other entity may hold, sponsor or organize any parade or procession, including but not limited to a march, ceremony, exhibition, pageant, foot race, walk or athletic event, upon any public way or in or upon any town-owned parks, fields or lands, without first obtaining a written permit therefor from the Town's Chief of Police.
B. Exceptions: This ordinance shall not apply to:
1. Funeral processions;
2. Town or school sponsored events, providing such conduct is under the immediate direction and supervision of the proper Town or school authorities; or
3. Parades or processions by the United States armed forces.
SECTION IV. PERMIT APPLICATION
A. A person seeking a Parades or Procession permit shall file an application with the Town's Chief of Police on a form provided by the Town.
B. An application for a Parades or Processions Permit must be filed with the Chief of Police no less than twenty-one (21) days prior to the proposed date of the parade or procession.
C. An application for the Parades and Processions Permit shall set forth the following information:
1. The name, address and telephone number of the person seeking to conduct the parade or procession;
2. If the parade or procession is proposed to be conducted for, on behalf of, or by a corporation, partnership or other entity, the name, address and telephone number of the same and of the officers of the same;
3. The name, address and telephone number of the person who will be parade or procession chairperson and who will be responsible for its conduct;
4. The proposed date for the parade or procession;
5. The starting point, the route to be traveled and the termination point of the parade or procession;
6. The approximate number of persons, animals and/or vehicles that will participate in the parade or procession and a description of the types of animals and vehicles;
7. The proposed time of day when the parade or procession will begin and terminate;
8. The identity of any public ways and town parks, fields and lands that will be used for the parade or procession;
9. If the parade or procession will use a public way or ways, a statement as to whether the parade or procession will occupy all or a portion of the width of the way or ways; and
10. A description of the nature of the parade or procession (i.e., a road race, parade, march, etc.).
SECTION V. STANDARDS FOR ISSUANCE
The Chief of Police shall issue a Parades and Processions Permit, upon finding after reviewing the application that:
A. The conduct of the parade or procession will not substantially interfere with the safe and orderly movement of other traffic on the Town's public ways, and
B. The conduct of the parade or procession will not interfere with proper police and fire protection of, or rescue service to, residents of the Town of Gorham.
SECTION VI. NOTICE OF REJECTION
The Chief of Police shall act upon the application for a Parades and Processions Permit within seven (7) days after the application is received by him. If the Chief of Police denies the application, he shall immediately notify the applicant in writing of that denial, stating the reasons for that denial.
SECTION VII. RIGHT OF APPEAL
An applicant shall have the right to appeal the denial of an application for a Parades and Processions Permit to the Town Council by filing a written notice of appeal with the Town Manager within seven (7) days from the date of the Chief of Police's decision. The Town Council shall act upon the appeal within fourteen (14) days after its receipt by the Town Manager.
SECTION VIII. ALTERNATIVE PERMIT
The Chief of Police, in denying an application for a Parades and Processions Permit, is authorized to approve the conduct of the proposed parade or procession on a date, at a time or over a route different from that proposed by the applicant. An applicant desiring to accept an alternate permit shall, within seven (7) days after the date of the Chief of Police's action, file a written notice of acceptance with the Chief of Police. An alternate permit shall conform with all conditions and requirements of this ordinance.
SECTION IX. CONDITIONS
Prior to this actual issuance of a Parades and Processions Permit under this ordinance, the applicant shall obtain insurance in an amount not less than $300,000 from a company authorized to do business in the State of Maine to protect the Town, its officers, agents and employees from claims and damages for property damage and/or personal injury that may arise out of the parade or procession, and furnish the Chief of Police with a certificate of insurance evidencing such coverage and listing the Town of Gorham and its agents, officials and employees as additional named insureds, however, the Chief of Police and/or Town Manager may waive the insurance requirement upon good cause shown.
SECTION X. CONDUCT DURING PARADES AND PROCESSIONS
A. No person shall hamper, obstruct, impede or interfere with any parade or procession or with any person, vehicles or animal participating or used in a parade or procession.
B. No driver of a vehicle shall drive between persons, vehicles or animals comprising a parade or procession when such persons, vehicles or animals are in motion and are conspicuously designated as a parade or procession.
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