Gloucester, VA - Repeal of County Ordinances

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per fair use laws of the United States we are reprinting this document for a news story over on Gloucester, Virginia Links and News website. It shows how the county attorney speaks from both sides of his mouth. Double talk.

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Gloucester, VA - Repeal of County Ordinances

  1. 1. PUBLIC HEARING NOTICE Pursuant to the Code of Virginia, the Gloucester County Board of Supervisors will conduct a Public Hearing on August 6, 2013 beginning at 8:00 p.m. in the Colonial Courthouse, 6504 Main Street Gloucester, Virginia to consider the following: AN ORDINANCE REPEALING GLOUCESTER COUNTY CODE CHAPTER 6 – DEMONSTRATIONS AND PARADES The Board of Supervisors will consider repealing Chapter 6 of the Gloucester County Code in its entirety since: (1) VDOT has mechanisms in place for people to apply for use of the roadways for parades and demonstrations; (2) the approval process detailed in Chapter 6 has not been utilized by the County; and (3) the County’s Facilities Use Policy and other existing state and local code sections will adequately govern the use of all other public property and facilities. The draft Ordinance is available for review at the Gloucester County Administrator’s office at 6467 Main Street, Gloucester, Virginia, on the web at www.gloucesterva.info and at both branches of the Gloucester County Library - Main Branch: 6920 Main Street, Gloucester, Virginia - Gloucester Point Branch: 2354 York Crossing Drive, Gloucester Point, Virginia. All interested parties are invited to attend the hearing to express their views. Persons requiring assistance to attend the hearing should contact the Gloucester County Administrator’s office at (804) 693-4042. Brenda G. Garton, County Administrator Page 258
  2. 2. Chapter 6 DEMONSTRATIONS AND PARADES § 6-1. Definitions. § 6-2. Findings of board of supervisors. § 6-3. Permit required; exceptions. § 6-4. Application for permit. § 6-5. Required signature on application for permit. § 6-6. Consideration of application for permit; granting or denial of permit. § 6-7. Conditions of permit and required compliance therewith. § 6-8. Authority of board of supervisors to require posting of bond. § 6-9. Certain foreign flags and emblems prohibited. § 6-10. Weapons; vicious animals. § 6-11. Signs, pennants, stickers, etc. § 6-12. Dispersal of riots and unlawful assemblies; arrest of persons who disobey command to disperse. § 6-13. Molesting, etc., paraders and demonstrators prohibited. Sec. 6-1. Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: Demonstration. A group of three (3) or more persons assembled together and acting in concert then and there to call attention of the public to their opposition to, support of or position with respect to any political, social or other controversial subject; but nothing in this chapter shall be construed to apply to persons lawfully engaged in picketing in an orderly manner. Parade. Any parade, march or other procession of six or more persons for the purpose of calling attention of the public thereto. Sec. 6-2. Findings of board of supervisors. The board of supervisors finds that it is necessary for the good government and the peace, safety, health and welfare of the county and the inhabitants thereof, as well as to maintain law and order and to provide for the free and orderly flow of vehicular and pedestrian traffic on the Page 259
  3. 3. streets and sidewalks and in the public places in the county, to prohibit parades and demonstrations within the county unless a permit to use the county streets, sidewalks and public places for such purposes has first been granted. Sec. 6-3. Permit required; exceptions. It shall be unlawful for any person to sponsor, organize, direct, lead or participate in any parade or demonstration upon any street or sidewalk or upon or in any public place within the county unless a county permit has been granted to hold such parade or demonstration; provided, that this chapter shall not apply to parades, processions or convoys of any component of the armed forces of the United States or this state or to any governmental organization, or to any funeral procession. Sec. 6-4. Application for permit. Any person desiring to sponsor, organize, direct or lead a parade or demonstration upon any street or sidewalk or upon or in any public place within the county shall file an application for a parade or demonstration permit with the county administrator; and in such application shall set forth: (a) The date and hour for the assembling of the participants in such parade or demonstration and the expected duration thereof. (b) The streets, sidewalks and public places over and upon which the parade or demonstration is to take place. (c) Whether the parade or demonstration is to be conducted on foot or with animals or vehicles, or any combination thereof, and the number of persons, vehicles and animals expected to participate. (d) The purpose of the parade or demonstration. (e) The names and addresses of the actual sponsors of such parade or demonstration, and the organization or organizations, if any, of which the expected participants are members. (f) The name and address of the person who shall be in charge of such parade or demonstration and who shall be responsible for the conduct thereof and for compliance with all applicable provisions of law, this Code and other ordinances by participants in such parade or demonstration. (g) Such other information as the board of supervisors may require. Sec. 6-5. Required signature on application for permit. Page 260
  4. 4. Each application for a parade or demonstration permit shall be signed and sworn to by at least one person, who shall be the person named in the application as the one who shall be in charge of such parade or demonstration and who shall be responsible for the conduct thereof and for compliance with all applicable provisions of law, this Code and other ordinances by participants in such parade or demonstration. Sec. 6-6. Consideration of application for permit; granting or denial of permit. Upon the filing of a completed and properly signed and sworn application for a parade or demonstration permit the county administrator shall transmit copies thereof promptly to all members of the board of supervisors. The board of supervisors, at its next meeting, shall consider such application and take action thereon. If the board of supervisors considers that such parade or demonstration would not be detrimental to the good government or the peace, safety, health or welfare of the county or the inhabitants thereof, and would not constitute a threat to the maintenance of law and order or cause unacceptable traffic conditions within the county, the permit applied for shall be granted. If, however, the board of supervisors, in the exercise of sound discretion and in view of circumstances then existing, considers that the holding of such parade or demonstration would be detrimental to the good government or the peace, safety, health or welfare of the county or the inhabitants thereof, or would constitute a threat to the maintenance of law and order or would cause unacceptable traffic conditions within the county, the permit shall be denied. Sec. 6-7. Conditions of permit and required compliance therewith. (a) In granting a permit pursuant to this chapter the board of supervisors may include therein such prohibitions, conditions, restrictions and limitations as it may consider appropriate under the general police powers of the county, to safeguard the good government and the peace, safety, health and welfare of the county and the inhabitants thereof, as well as to maintain law and order and acceptable traffic conditions within the county, and it shall be unlawful for any person covered by the permit to violate or fail to comply with any such prohibition, condition, restriction or limitation. (b) The provisions of this chapter shall be deemed to be a part of each parade or demonstration permit, whether or not so stated in the permit. Sec. 6-8. Authority of board of supervisors to require posting of bond. Prior to the granting of a permit pursuant to this chapter, and as a condition precedent for the granting of such permit, the board of supervisors may require that the person named in the application as the one to be responsible for the conduct of the parade or demonstration shall give bond to the county, in such amount and with such surety as the county may consider necessary, conditioned upon the full satisfaction of all judgments and decrees which may result by reason of any negligent or unlawful act or omission of any person participating in Page 261
  5. 5. such parade or demonstration and included within the permit; with the further condition that he will save the county harmless from all claims and demands whatever which may arise by reason of such parade or demonstration; and with the further condition that he will pay the county for all extra expenses incurred for clearing the streets, sidewalks and public places of litter and waste matter resulting from such parade or demonstration and for the cleaning and repair of public property which may be soiled or damaged by acts of vandalism during the period of organizing and holding the parade or demonstration and within six hours thereafter when such acts of vandalism are reasonably attributable to the holding of such parade or demonstration. Sec. 6-9. Certain foreign flags and emblems prohibited. No person parading or demonstrating pursuant to a permit issued under the provisions of this chapter and no other person within view of any parade or demonstration which is in progress pursuant to a permit issued under the provisions of this chapter shall carry or display the flag or emblem of any foreign state, political party or other group which is engaged in hostilities against the armed forces of the United States, or any picture or representation of any officer or leader of any such foreign state, political party or other group which is engaged in hostilities against the armed forces of the United States. Sec. 6-10. Weapons; vicious animals. (a) No person parading or demonstrating pursuant to a permit issued under the provisions of this chapter shall carry any dangerous weapon; provided, that the board of supervisors may, in the exercise of sound discretion, include in such permit such variations from this subsection as it may consider appropriate for members of color guards, drill teams, lodges and other persons by whom the display of weapons upon the occasion of such parade or demonstration would not arouse anxiety on the part of spectators or constitute a threat to the maintenance of law and order and the preservation of the public peace. (b) No person parading or demonstrating pursuant to a permit issued under the provisions of this chapter shall cause or suffer to be caused any vicious or apparently vicious animal to participate in or accompany such parade or demonstration; provided, that the board of supervisors may, in the exercise of sound discretion, include in such permit such variations from this subsection as it may consider appropriate for circus parades or similar events. Sec. 6-11. Signs, pennants, stickers, etc. No person parading or demonstrating pursuant to a permit issued under the provisions of this chapter shall carry or display any sign, pennant, sticker or other device which contains any scurrilous or obscene words, language or illustrations calculated to arouse public hatred or Page 262
  6. 6. anger or tending to incite any breach of the public peace. No sign shall exceed a width of twenty-four (24) inches or a height of thirty-six (36) inches. Sec. 6-12. Dispersal of riots and unlawful assemblies; arrest of persons who disobey command to disperse. Parades and demonstrations held pursuant to a permit issued under the provisions of this chapter which become, or which reasonably appear to present an imminent threat of becoming, a riot or unlawful assembly shall be dispersed forthwith by any law enforcement officer who may be present, and persons who are commanded to disperse by any law enforcement officer shall promptly obey such command and peacefully disengage themselves from such parade or demonstration and leave the scene thereof, and persons who fail to obey such command shall be subject to immediate arrest. Sec. 6-13. Molesting, etc., paraders and demonstrators prohibited. No person shall hinder, molest, insult or harass any parader or demonstrator lawfully parading or demonstrating pursuant to a permit issued under the provisions of this chapter. Page 263
  7. 7. AT A REGULAR MEETING OF THE GLOUCESTER COUNTY BOARD OF SUPERVISORS, HELD ON TUESDAY, AUGUST 6, 2013 AT 7:00 P.M., IN THE COLONIAL COURTHOUSE, COURT CIRCLE, 6504 MAIN STREET, GLOUCESTER, VIRGINIA: ON A MOTION DULY MADE BY ___________________ AND SECONDED BY _____________________ THE FOLLOWING RESOLUTION WAS ADOPTED BY THE FOLLOWING VOTE: Carter M. Borden, ___; Ashley C. Chriscoe, ___; Christopher A. Hutson, ___; Andrew James, Jr., ___; John H. Northstein, ___; Robert J. Orth, ___; Louise D. Theberge, ___; ORDINANCE TO REPEAL CHAPTER 6 DEMONSTRATIONS AND PARADES OF THE GLOUCESTER COUNTY CODE WHEREAS, Board of Supervisors has been made aware that Chapter 6 of the Gloucester County Code has historically not been enforced, is not supported by any regulatory necessity, and is, in some respects, redundant of State law, since the Virginia Department of Transportation (VDOT) has in place special event guidelines and approval processes for parades and demonstrations upon any state maintained highway. WHEREAS, the Board has held a duly advertised public hearing on this matter; and WHEREAS, the Board wishes to repeal Chapter 6 of the Gloucester County Code in its entirety. NOW THEREFORE BE IT ORDAINED by the Gloucester County Board of Supervisors this 6th day of August, 2013 that Chapter 6 of the Gloucester County Code is hereby repealed. A copy teste: ______________________________________ Brenda G. Garton, County Administrator Page 264

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