Chapter 119

PARADES

[HISTORY: Adopted by the Village Board of the Village of Holmen 7-14-1983. Amendments noted where applicable.]

§ 119-1.  Purpose.

The governing body of the village recognizes that the highways of the village are primarily for the use of the traveling public in the ordinary way. However, it further recognizes that there is a fundamental and constitutional right to use the public streets for processions and parades which do not substantially interfere with the public's right to travel on such highways. This chapter is intended to regulate and control parades and processions for the purpose of protecting the general welfare and safety of the persons using the highways of the Village of Holmen. 

§ 119-2.  Definitions.

As used in this chapter, the following terms shall have the meanings indicated: 

HIGHWAY — Has the meaning set forth in s. 340.01(22), Wis. Stats., and also includes areas owned by the municipality which are used principally for pedestrian or vehicular traffic.  

PARADE — Any parade, march or procession of any kind and the assembly areas therefor.  

§ 119-3.  Permit required.

No person shall form, direct, marshal, lead or participate in any parade on any highway under the jurisdiction of the Village of Holmen unless a permit has been obtained in advance as provided in this chapter: provided that, upon notification to the Chief of Police, a parade on sidewalks and footways in which persons move not more than two abreast and which does not substantially hinder normal use of the sidewalk or footway and conforms with traffic control devices and other traffic regulations may be conducted without a permit. 

§ 119-4.  Exemptions from permit requirement.

A permit is not required for assembling or movement of a funeral procession or for any parade sponsored by an agency of the federal or state government, acting in its governmental capacity within the scope of its authority. Federal and state authorities are requested to coordinate preparations for and holding parades sponsored by them under this chapter with the Chief of Police. 

§ 119-5.  When application must be made. ^[1]

A written application for a permit for any parade on the highways under the jurisdiction of the Village of Holmen shall be made by one of the organizers to the Village Clerk on a form provided by said officer no less than two weeks prior to the parade. Application made less than 30 days prior to the date of the proposed parade must be made in person. 

§ 119-6.  Information required in application.

The application shall set forth the following information regarding the proposed parade: 

A.     The name, address and telephone number of the applicant. 

B.      If the parade is proposed to be conducted for, on behalf of, or by an organization, the name, address and telephone number of the headquarters of the organization, and of the authorized and responsible heads of such organization. 

C.     The name, address and telephone number of the person who will be responsible for conducting the parade. 

D.     The date when the parade is to be conducted and its duration. 

E.      The assembly area, the starting point, the route to be traveled and the termination point. 

F.      The estimated number and size of units comprising the parade.^[2] 

G.     If the parade is to be conducted by or for any person other than the applicant, the applicant for such permit shall file with the Clerk a communication in writing from the person proposing to hold the parade authorizing the applicant to apply for the permit on his behalf. 

H.     Any additional information which the Clerk finds reasonably necessary to a fair determination as to whether a permit should be issued.   

§ 119-7.  Recommendations of governmental agencies.

The Clerk shall submit a copy of the application to the Village of Holmen agencies in charge of the highway and enforcement of traffic regulations thereon for report and recommendation. 

§ 119-8.  Basis for discretionary denial of permit.

The application may be denied: 

A.     If it is for a parade that is to be held on a work day during hours when and at places where, in addition to the proposed parade, the flow of vehicular traffic is usually delayed by its own volume; or 

B.      If it is for a parade that is to be held between the hours of 7:00 p.m. and 8:00 a.m. 

C.     If sufficient parade marshals are not provided as to reasonably assure the orderly conduct of the parade.   

§ 119-9.  Mandatory denial of permit.

The application shall be denied: 

A.     ^[3]If it is made less than two weeks in advance of the time the parade is scheduled to commence; or 

B.      If it is for a parade that is primarily for private or commercial economic gain; or 

C.     If it is for a parade which would involve violation of federal, state, or local laws relating to use of highways or of other applicable regulations of the Village of Holmen; or 

D.     If the granting of the permit would conflict with another permit already granted or for which application is already pending; or 

E.      If the application does not contain the information required by § 119-6; or 

F.      If more than one assembly area or more than one dispersal area is proposed; or 

G.     Failure to comply with s. 84.07(4), Wis. Stats.^[4]   

§ 119-10.  Permit issued unless threat to public safety.

The Clerk shall issue a permit to the applicant subject to the foregoing sections of this chapter, unless he concludes that: 

A.     The policing of the parade will require so large a number of persons and vehicles, including ambulances, as to prevent adequate service of the needs of the rest of the municipality; or 

B.      The parade will so substantially hinder the movement of police and fire and other emergency vehicles as to create a substantial risk to persons and property; or 

C.     The conduct of the parade will substantially interrupt the safe and orderly movement of other traffic contiguous to its route; or 

D.     The parade is so poorly organized that participants are likely to engage in aggressive or destructive activity.   

§ 119-11.  Grant or denial of permit. 

A.     Time when required. The Clerk shall act as promptly as he or she reasonably can on all applications for permits after consulting with other government agencies directly affected and after consulting with the applicant, if necessary. All applications filed 30 days or more in advance shall be granted or denied not less than 10 days before the date of the parade stated in the application. Action on applications filed less than 30 days in advance shall be taken within seven days after the application is filed, but in no case later than 10 hours in advance of the time applied for. The Clerk shall immediately, by the most reasonable means of communication, notify the applicant of such action and, if the application is denied, the reasons for denial of the permit.^[5] 

B.      Modification of requested permit. In lieu of denying a permit, the Clerk may authorize the changing of assembly areas or dispersal areas or the conducting of the parade at a date or time or over a route different than as applied for as permitted. The applicant or permittee may accept such modification by immediately notifying the Clerk, in writing, of such acceptance.   

§ 119-12.  Charge for increased costs.

Where the Village President determines that the cost of municipal services incident to the staging of the parade will be increased because of the parade, the Clerk may require the permittee to make payment into the general fund of the municipality in an amount equal to the increased cost for the municipal services. 

§ 119-13.  Governing body may overrule Clerk: revocation.

Nothing herein shall prevent the local elected governing body from overruling the Clerk in granting or denying a permit. The Village President may revoke a permit already issued, if he or she deems that such action is justified by an actual or potential emergency due to weather, fire, riot, other catastrophe or likelihood of a breach of the peace, or by a major change in the conditions forming the basis of the standards of issuance. In lieu of revoking a permit the Village President may require the permittee to file evidence of good and sufficient sureties, insurance in force or other evidence of adequate financial responsibility, running to the Village of Holmen and such third parties as maybe injured or damaged, in an amount depending upon the likelihood of injury or damage as a direct and proximate result of the holding of the parade sufficient to indemnify the municipality and such third parties as may be injured or damaged thereby, caused by the permittee, its agents or participants. 

§ 119-14.  Parade permit contents.

Each parade permit shall state such information as the Clerk shall find necessary to the enforcement of this chapter. 

§ 119-15.  Copies of parade permit distributed.

Immediately upon the issuance of a parade permit, the Clerk shall send a copy thereof to each public transportation utility whose regular routes will be affected by the parade. 

§ 119-16.  Compliance with regulations. 

A.     Permittee. A permittee under this chapter shall comply with all permit directions and conditions and with all applicable laws, ordinances and other regulations of the state and Village of Holmen. 

B.      Participants. No person who leads or participates in a parade shall disobey, or encourage others to disobey, this chapter after a law enforcement officer has directly and presently informed him or her of any of the provisions of this chapter or the terms of the applicable parade permit.   

§ 119-17.  Violations and penalties. ^[6]

Any person violating any provision of this chapter shall, upon conviction thereof, forfeit not less than $10 nor more than $200 and the costs of prosecution, and in default of payment of such forfeiture and the costs of prosecution shall be imprisoned in the county jail until payment of such forfeiture and costs of prosecution, but not exceeding 90 days for each violation.