For purposes of this chapter, the following words, terms, phrases and their derivatives shall have the meanings set forth in this section. When not inconsistent with the context, the present tense shall include the future tense; the plural shall include the singular number, and the singular number shall include the plural number. Additionally, this chapter shall be called and may be cited as the parade ordinance, and is referred to herein as the chapter.
"City administrator" means the duly appointed official designated to manage the daily affairs of the city of Travelers Rest as defined by the city of Travelers Rest Code.
"City council" means the duly elected body politic and governing body of the city of Travelers Rest.
"Parade" means any march or other organized movement of fifteen or more persons from place to place or about a place. Specifically, exempted from this definition are gatherings, movements, or other activities scheduled through the city on the premises of city hall or city sponsored or organized parades or events.
"Permit" means the written authorization issued by or under the authority of the city to a person or persons to do or engage in a "parade" subject to the terms and conditions specified in such "permit." No terms or conditions shall be imposed except in the interest of public safety and the protection of life, limb and private property.
"Person" means every natural person and every firm, partnership, limited liability company, association, corporation, or entity of any kind or any employee, agent, or officer thereof, except the city of Travelers Rest and any authorized officer, employee (full or part-time, regular or temporary), or agent of the city of Travelers Rest when acting within the scope of their authority.
"Vehicle" means any device or instrumentality used or designed for the transportation of people, animals, plants, or inanimate objects, whether motor powered or not, including without limitation, any tractor in tow of any size, kind, or description, except baby carriages and bicycles when properly used and vehicles in the service of the city.
(Ord. O-19-05 § 2, 2005)
Construction. In the interpretation of this chapter, its provisions shall be construed as follows:
Where the context permits, words in the masculine gender shall include the feminine and neuter genders and words in the singular number shall include the plural number;
The word "shall" is always mandatory and not merely directory;
No provision hereof shall make unlawful any act necessarily performed by any officer, employee or agent (including any police officer) of the city when acting within the scope of his authority or in his line of duty or work as such or any other person summoned by any such person to assist him in such endeavor;
This chapter is in addition to and supplemental to all applicable state, federal, and local laws and ordinances, including without limitation except the same specifically repeals Ordinance 0-28-92 and City Code Sections 7.16.010 through 7.16.090. The meaning of any term, phrase, or word not otherwise defined in this chapter shall be construed and interpreted to mean the same as such term, phrase, or word is otherwise defined, construed, or interpreted in such applicable local, state, and/or federal law or ordinance;
The descriptive headings of the various sections or parts of this chapter are for convenience only and shall not affect the meaning or construction, nor be used in the interpretation, of any of the provisions of this chapter;
An attempt to commit an act or engage in an activity prohibited in this chapter shall be treated in the same manner as the commission of such act or the engaging in such activity and subject to the same penalties, unless otherwise required by federal, state, or local law.
Scope. This chapter shall apply to and be enforceable within the city of Travelers Rest, and shall regulate the use thereof by all persons on public property or public rights-of-way.
Severability. If any provision of this chapter or the application thereof to any person or circumstance be held invalid, the remainder of this chapter and the application of such provision to other persons or circumstances shall not be affected thereby. The city reserves the power to amend or repeal this chapter at any time, and all rights, privileges and immunities conferred by this chapter or by acts done pursuant hereto shall exist subject to such power.
Repeal. All ordinances, resolutions, and rules of the city in conflict or inconsistent with any of the provisions of this chapter are repealed.
(Ord. O-19-05 § 3, 2005)
Permit Requirement. No person shall, without a permit:
Conduct an event involving more than fifteen individuals.
Application for Permits.
Filing Written Application. Any person seeking the issuance of a permit shall apply for a permit by filing a written application for permit on a form that shall be prescribed by the administrator. The form shall contain:
The name and address of applicant;
The name and address of the person the application represents;
The exact area, time and date of commencement and termination of the event or activity desired;
The purpose, location and route of such act or activity, if applicable;
The person, group, association, or body to be authorized under the permit to do such act or activity and the number of persons to participate; and
Procedures and logistics for serving alcoholic beverages at Trailblazer Park, if applicable;
Such other relevant information as the city administrator may require for the investigation of the applicant; and/or forms
Permit fees, rental fees and security deposits for events at Trailblazer Park shall initially be set pursuant to the attached memorandum of the city administrator and may from time to time be amended by adoption of those fees in the annual budget ordinance of the city.
Indemnification and Reimbursement Agreement. No application for permit shall be granted, unless the applicant shall have executed an agreement with the city, on a form to be prescribed by the city, in which the applicant shall promise and covenant to bear all costs of policing, cleaning up and restoring the property upon conclusion of the event or activity; to reimburse the city for any such costs incurred by the city; and to indemnify the city and hold the city harmless from any liability to any person resulting from any damage or injury occurring in connection with the permitted event proximately caused by the action of the permittee, the sponsoring organization, its officers, employees or agents or any person under their control insofar as permitted by law.
Processing of Application for Permits.
Order. Applications for permits shall be processed in order of receipt.
Preliminary Approval. Fully completed applications for permits shall be approved or denied within two business days following their application. A failure to approve or deny within two business days following the application shall be deemed an approval.
Written Denials. Applications for permits that are denied by the administrator must provide written notice of such denial within two business days following the application.
Extended Review. Events exceeding twenty-five persons or vehicles, lengthy processions, and/or extensive public safety planning and services may be subject to extended review not to exceed ten business days following the application.
Written notice of denial or notice of extension shall be served on the applicant by personal delivery, or by deposit in United States mail, with proper postage prepaid, to the name and address set forth on the application for permit;
Contents of Notice—Grounds for Denial. Notice of denial of an application for permit shall clearly set forth the grounds upon which the permit was denied and, where feasible, shall contain a proposal by the city for measures by which the applicant may cure any defects in the application for permit or otherwise procure a permit. Where an application for permit has been denied because a fully executed prior application for the same time and place has been received, and a permit has been or will be granted to the prior applicant authorizing uses or activities which do not reasonably permit multiple occupancy of the particular area, the city shall propose an alternate place, if available for the same time, or an alternate time, if available for the same place. The city may deny an application for permit on any of the following grounds:
The application for permit is not fully completed and executed;
The application for permit contains a material falsehood or misrepresentation;
The applicant is legally incompetent to contract or to sue and be sued;
The applicant or the person on whose behalf the application for permit was made has on prior occasions damaged public property and has not paid in full for such damage, or has other outstanding and unpaid debts to the city;
A fully executed prior application for permit for the same time and place has been received, and a permit has been or will be granted to a prior applicant authorizing uses or activities which do not reasonably permit multiple occupancy of the particular park or part thereof;
The use or activity intended by the applicant would conflict with previously planned programs organized, conducted, or authorized by the city and previously scheduled for the same time and place;
The use or activity intended by the applicant would present an unreasonable danger to the health or safety of the applicant, the public, city employees, or irreparably damage property;
The use or activity intended by the applicant is prohibited by law, by this chapter, or by another ordinance of the city;
The applicant or the person on whose behalf the application for permit was made has on prior occasions made material misrepresentations regarding the nature or scope of the event or activity previously permitted or has violated the terms of prior permits issued to the applicant.
Amendment or Revision of Applications. Any amendment or revision of an application for permit shall, for purposes of determining the priority of the application for permit, relate back to the original filing thereof, but the time in which the city shall grant or deny the application for permit and serve notice of such granting or denial shall be computed from the date of the amendment or revision.
Procedures for Review—Waivers.
Any applicant who is denied a permit or a permittee who is assessed damages or a fine pursuant to this chapter may, within seven days of the service of notice of such determination, file a written appeal from such determination with city council;
The city council shall have seven days from the date on which the appeal was filed to hear the appeal and serve upon the applicant a notice that he has affirmed, modified, or reversed the denial;
Such notice shall be deemed served upon the applicant or permittee when it is personally delivered or when it is sent by United States mail, with proper postage prepaid, to the name and address set forth on the application for permit.
Form of Appeals. Any appeals filed pursuant to this chapter shall state succinctly the grounds upon which it is asserted that the denial should be modified or reversed and shall be accompanied by copies of the application for permit, the written notice of the determination of the administrator and any other papers material to the determination.
Waiver of Requirements. Any requirements for or limitation upon a permit or the requirement of a permit shall be waived by the administrator or city council on appeal if the activity is protected by the First Amendment of the United States Constitution.
Appeals to the Master in Equity. Any person aggrieved by the decision of city council shall have the right to appeal that decision to the Greenville County master in equity within five working days of written notice of the final decision. The appeal shall be heard as promptly as the master in equity may allow.
Fines. The violation by a permittee of the terms of his/her permit or the laws and regulations of the city shall subject the permittee to a fine of up to one thousand dollars and/or thirty days in jail. Each day that a violation continues shall be deemed a separate violation.
(Ord. O-19-05 § 4, 2005)
(Ord. No. O-03-14, §§ 7—9, 4-17-2014)