Sponsor: Musgrove

ORDINANCE NO. 2023-31

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FLORENCE,

ALABAMA, that Chapter 17 - Parades, of the Code of Florence, Alabama, is hereby amended
to read as follows:

Chapter 17 - PARADES1
ARTICLE I. - IN GENERAL

Sec. 17-1. - Definitions.

The following words, terms, and phrases, when used in this chapter, shall have the
meanings ascribed to them in this Section, except where the context indicates a different
meaning:

“Parade” means any parade, march, or procession of any kind, or any similar display, in
or upon any street, park, or other public place in the city, where five or more individuals
move from one location to another and which the Chief of Police or his/her designee
believes requires closure of any portion of a public street or traffic control at intersections.

“Parade permit” means a permit as required by this chapter.

“Chief of Police” means the person holding the title of Florence Chief of Police and
includes any other person/entity empowered to make administrative and/or emergency
decisions when the person holding this title is unavailable, has delegated such authority
or is otherwise unable to provide immediate responsiveness or reply.

“They” shall be either singular or plural, depending on context.

(Code 1953, § 15A-2; Code 1991, § 17-1)

Sec. 17-2. – Public conduct during parades.

(a) No person shall unreasonably hamper, obstruct, impede, or interfere with any
parade or parade assembly or with any person, vehicle, or animal participating
or used in a parade.

(b) No motorized vehicle driver shall drive between any vehicles or persons
comprising a parade when such vehicles or persons are in motion and are
designated as a parade pursuant to this Article.
(c) The Chief of Police shall have the authority, when reasonably necessary, to prohibit
or restrict the parking of vehicles along a highway or street or part thereof constituting
a part of the route of a parade. The Chief of Police shall post signs to such effect, and
it shall be unlawful for any person to park or leave unattended any vehicle in violation
thereof.

(Code 1953, § 15A-14; Code 1991, § 17-2)

Secs. 17-3-17-20. –

Reserved. ARTICLE II. –

PERMIT

Sec. 17-21. When Required.

(a) No person shall engage in, participate in, aid, form, or start any parade unless a
parade permit has been obtained from the Chief of Police.

1State law reference - Power of local authorities to regulate the use of the highways by processions or assemblages,
Code of Ala. 1975, § 32-5-l(d).
(b) This article shall not apply to:

(1) Funeral processions;

(2) Students going to and from school classes or participating in

educational activities, providing such conduct is under the immediate
supervision and direction of the proper school authorities;

(3) A governmental agency acting within the scope of its functions;

(4) Picketing, demonstrations, or protests that will be conducted entirely

upon public sidewalks or parks and do not interfere with the normal flow
of pedestrians and/or the ingress and egress from buildings, parking areas,
or rights-of-way. No parade permit is required where marchers remain on
sidewalks and obey all traffic signals and laws at intersections so long as
marchers do not interfere with the normal flow of pedestrians and/or the
ingress and egress from buildings, parking areas, or rights of way.

(Code 1953, § 15A-4; Code 1991, § 17-21)

Sec. 17-22. -Application; fee.

(a) A person seeking issuance of a parade permit shall file an application with
the Chief of Police on forms provided by such officer.

(b) An application for a parade permit shall be filed with the Chief of Police not
less than seven (7) days nor more than ninety (90) calendar days before the date
on which it is proposed to conduct the parade.

(c) The application for a parade permit shall set forth the following information:

(1) The name, address, and telephone number of the person seeking to
conduct such a parade.

(2) If the parade is proposed to be conducted for, on behalf of, or by an

organization, the name, address, and telephone number of the
organization’s headquarters and the authorized and responsible head(s)
of such organization.

(3) The name, address, and telephone number of the person who will be
the parade chair and who will be responsible for its conduct.
(4) The date when the parade is to be conducted.

(5) The route to be traveled, from the starting point to the termination point.

(6) The approximate number of persons who, and animals and vehicles
which, will constitute such parade; the type of animals, and description
of the vehicles.

(7) The time when such parade will start and the time it will terminate.

(8) Designated route that includes the beginning and ending points of the parade.

(9) A statement as to whether the parade will occupy all or only a portion
of the width of the streets proposed to be traversed.

(10) The location by streets of any assembly areas for such parade.

(11) The time at which units of the parade will begin to assemble at any such
assembly area or areas.

(12) The interval of space to be maintained between units of such parade.

(13) If the parade is designed to be held by, and on behalf of or for, any
person other than the applicant, the applicant for such permit 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 on his behalf.
(d) Last-Minute Parade Permits: Notwithstanding the foregoing provisions, the Chief
of Police shall have the authority to consider any application which is filed less
than forty-eight (48) hours before the date such parade is proposed to be
conducted. In such cases, a Last-Minute Parade Permit issued under this section shall
be issued under the following circumstances:

(1) The Parade is an exercise of rights protected by the First and Fourteenth
Amendments to the United States Constitution, or Section 4 of the Alabama
Constitution.
(2) The Parade is a march that does not include motorized vehicles, bicycles,
floats, non-domesticated animals including horses, or other large objects
that require more than one person to move and control. Strollers, hand-
pulled wagons, and wheelchairs are allowed;
(3) The Parade can be conducted in a manner consistent with the policies, terms
and conditions set forth in these Rules so as to prevent any unreasonable
traffic hazard.

The Chief of Police, where good cause is shown therefor, shall have the authority to
consider any application hereunder which is filed less than five (5) business days
before the date such parade is proposed to be conducted.

(e) There shall be paid at the time of filing the application for a parade permit, a fee
of ten dollars ($10.00).

(Code 1953, § 15A-5; Code 1991, § 17-22)

Sec. 17-23. - Standards for issuance.

The Chief of Police shall issue a parade permit when, from a consideration of the
application and from such other information as may otherwise be obtained, they find that:

(1) The conduct of the parade will not substantially interrupt the safe and orderly
movement of other traffic contiguous to its route.

(2) The conduct of the parade will not require the diversion of so great a number of
police officers of the city to properly police the line of movement and the areas
contiguous thereto as to prevent normal police protection to the city.

(3) The conduct of such parade will not require the diversion of so great a number of
ambulances as to prevent normal ambulance service to portions of the city other
than that to be occupied by the proposed line of march and areas contiguous
thereto.
(4) The concentration of persons, animals and vehicles at assembly points of the
parade will not unduly interfere with proper fire and police protection of, or
ambulance service to, areas contiguous to such assembly areas.

(5) The conduct of such parade will not interfere with the movement of firefighting
equipment en route to a fire.

(6) The conduct of the parade is not reasonably likely to cause injury to persons or
property.

(7) The parade is scheduled to move from its point of origin to its point of
termination expeditiously.

(8) The parade is not to be held for the sole purpose of advertising any product,
goods or event, and is not designed to be held purely for private profit.

(Code 1953, § 15A-6; Code 1991, § 17-23)

Sec. 17-24. - Notice of rejection of application.

(a) In general, the Chief of Police shall act upon the application for a parade permit
within five (5) business days after its filing. If the Chief of Police disapproves the
application, they shall communicate to the applicant a notice of their action, stating
the reasons for the denial of the permit, within twenty-four (24) hours of reaching
their decision. The Chief of Police shall communicate their decision by the preferred
method of communication indicated by the applicant.

(Code 1953, § 15A-7; Code 1991, § 17-24)

Sec. 17-25. - Appeal from denial of application.

(a) Any person aggrieved by the denial of an application for a parade permit shall have
the right to appeal such denial to the City Council. The appeal should state in writing
the reasons for objecting to the denial of the permit and be delivered to the City Clerk,
Mayor, and City Council members.

(b) When a permit application is rejected more than ten days before the proposed parade
date, the appeal shall be made within forty-eight (48) hours after notice of rejection.
The City Council shall act upon the appeal at the next regularly scheduled City
Council meeting.

(Code 1953, § 15A-8; Code 1991, § 17-25)

Sec.17-26. - Contents.

Each parade permit shall state the following information:

(1) Starting time.

(2) Minimum speed.

(3) Maximum speed.

(4) Maximum interval of space to be maintained between the units of the parade.

(5) The portions of the streets to be traversed that may be occupied by the parade.

(6) The maximum length of the parade in miles or fractions thereof.

(Code 1953, § 15A-9; Code 1991, § 17-26)

Sec. 17-27. -Alternative permit.

(a) The Chief of Police, in denying an application for a parade permit, shall be empowered
to authorize the conduct of the parade on a date, at a time, or over a route different
from that named by the applicant. An applicant desiring to accept an alternate permit
shall, within three (3) days after notice of the action of the Chief of Police, file a
written notice of acceptance with the Chief of Police. An alternate parade permit shall
conform to the requirements of, and shall have the effect of a parade permit under
this article.

(b) This article shall not apply to any of the items excluded from the parade permit
requirement in Sec. 17-21(b)(1–4).

(Code 1953, § 15A-10; Code 1991, § 17-27)

 Sec. 17-28. - Copies; distribution.

Immediately upon the issuance of a parade permit, the Chief of Police shall send a copy
thereof to:

(1) The mayor.

(2) The city attorney.

(3) The fire chief.

(4) The city clerk.

(5) The department head of each utility system maintained by the city.

(Code 1953, § 15A-11; Code 1991, § 17-28)

Sec. 17-29. - Revocation.

The Chief of Police shall have the authority to revoke a parade permit issued under this
article upon application of the standards for issuance set forth herein and shall state in
writing the reason for revocation. In the event of revocation, the applicant shall have the
same rights of appeal as if the application were denied in the first place.

(Code 1953, § 15A-12; Code 1991, § 17-29)

Sec. 17-30. - Duties of permittee.

A permittee under this article shall comply with all permit directions and conditions
and with all applicable laws and ordinances. The parade chair or other person heading
or leading such activity shall carry the parade permit upon his person during the
conduct of the parade.

(Code 1953, § 15A-13; Code 1991, § 17-30)

BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF

FLORENCE, ALABAMA, that the City Clerk-Treasurer is hereby authorized and directed to
publish this Ordinance in the Times Daily, and that this Ordinance shall go into effect upon
passage, approval, and publication as provided by law.

ADOPTED this the 19th day of September, 2023

/s/ Kaytrina Simmons

/s/ William D. Jordan
/s/ Bill Griffin
/s/ Michele Eubanks
/s/ Blake Edwards
/s/ Jimmy Oliver
CITY COUNCIL

APPROVED this the 19th day of September, 2023

/s/ Andrew Betterton

MAYOR

ADOPTED AND APPROVED this the 19th day of September, 2023

/s/ Robert M. Leyde

CITY CLERK-TREASURER