Columbus, GA – Chapter 17B PUBLIC DEMONSTRATIONS

ARTICLE I. IN GENERAL

Sec. 17B-1. To be peaceful and unattended by noise, etc.

All assemblies and picketing shall be peaceful and unattended by excessive noise and boisterousness.

(Ord. No. 63-101, § 1, 11-4-63; Ord. No. 84-120, § 1, 12-4-84)

Sec. 17B-2. Use of sidewalks and streets for picketing and demonstrating.

Picketing and demonstrations shall be conducted only on public sidewalks maintained by the city or other walk areas on the public right-of-way, and only the outside five feet of said sidewalks next to the curb shall be used by the pickets or demonstrators. No picketing or demonstrating shall be conducted on the remaining portion of said sidewalks or on that portion of the streets used primarily for vehicular traffic.

(Ord. No. 63-101, § 2, 11-4-63; Ord. No. 84-120, § 2, 12-4-84)

Sec. 17B-3. Method of marching; limitation on number of pickets or demonstrators before given place of business or facility.

Marching shall be in single file, and pickets shall be limited to a total of 15 persons and shall not interfere with ingress or egress to any business or public facility.

(Ord. No. 63-101, § 3, 11-4-63; Ord. No. 84-120, § 3, 12-4-84)

Sec. 17B-4. Reserved.

Editor’s note(s)—Former § 17B-4, which limited pickets and demonstrators to one place of business or facility on any one block, was repealed by § 4 of Ord. No. 84-120, enacted Dec. 4, 1984. The repealed provisions derived from Ord. No. 63-101, § 4, enacted Nov. 4, 1963.

Sec. 17B-5. Placards and signs.

Pickets or demonstrators shall carry only cardboard or paper placards or signs.

(Ord. No. 63-101, § 5, 11-4-63; Ord. No. 84-120, § 5, 12-4-84)

Secs. 17B-6, 17B-7. Reserved.

Editor’s note(s)—Former §§ 17B-6 and 17B-7 were repealed by § 4 of Ord. No. 84-120, enacted Dec. 4, 1984. The repealed sections derived from Ord. No. 63-101, §§ 6, 7, enacted Nov. 4, 1963, and pertained to places where picketing is prohibited and prohibiting participation by persons under 16 years of age.

Sec. 17B-8. Notice of proposed picketing or demonstrating.

The chief of police of the City of Columbus is to be given at least five hours notice by any person or persons planning to picket or demonstrate. This written notice shall include the name of the organization or organizations planning to picket and also shall include the names of the places of business or public facilities which will be picketed and the hours that the picketing or demonstrating will be conducted. The chief of police shall immediately forward a copy of any such written notice to the business or public facility which is the subject of picketing or demonstration. All picketing or demonstration involving more than 15 persons shall comply with the advance notice and permit requirements contained in this article.

(Ord. No. 63-101, § 8, 11-4-63; Ord. No. 97-18, 3-11-97; Ord. No. 01-98, § 1, 10-23-01)

Sec. 17B-9. Duty to disperse as directed by police.

Whenever the free passage of any street or sidewalk in the City of Columbus shall be obstructed by a crowd, the persons composing such crowd shall disperse or move on when directed to do so by a police officer. It shall be unlawful for any person to refuse to so disperse or move on when so directed by a police officer as herein provided.

(Ord. No. 63-101, § 9, 11-4-63)

Sec. 17B-10. Use of vehicles for picketing or demonstrating.

No vehicles shall be used in any picket or demonstrating line, and all pickets or demonstrators shall be afoot.

(Ord. No. 63-101, § 10, 11-4-63)

Sec. 17B-11. Demonstrations and festivals involving more than fifteen persons.

(a) No person shall engage in, participate in, aid, form, or start any picketing or demonstration or festival involving more than 15 persons unless a permit shall have been obtained from the chief of police or his designee. Application for a permit for any picketing or demonstration or festival must be made as set forth in this chapter.

(b) Filing. An application for a permit shall be filed with the chief of police not less than ten days before the date on which it is proposed to conduct the picketing or demonstration.

(1) The name, address and telephone number of the person or persons seeking to conduct the picketing or demonstration;

(2) If the picketing or demonstration 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 the authorized and responsible heads of such organization, and the registered agent and officers if a corporation;

(3) The name, address and telephone number of the person or persons who will be the leader of the picketing or demonstration and who will be responsible for its conduct;

(4) The date when the picketing or demonstration is to be conducted;

(5) The location of the planned picketing or demonstration;

(6) The approximate number of persons who will constitute such picketing or demonstration;

(7) The hours when such picketing or demonstration will be conducted;

(8) The time at which persons will begin to assemble at any such assembly area or areas;

(9) The interval of space, if any, to be maintained between units of the picketing or demonstration;

(10) If the picketing or demonstration is designed to be held by, and on behalf of, or for, any person or organization other than the applicant, the applicant for such permit shall file with the chief of police a communication in writing from the person or organization proposing to conduct the picketing or demonstration, authorizing the applicant to apply for the permit on behalf of such person or organization;

(11) Any additional information which the chief of police shall find reasonably necessary to a fair determination as to whether a permit should issue.

(d) Late applications. The chief of police or his designee, where good cause is shown, shall have the authority to consider any application hereunder which is filed less than ten days before the time such picketing or demonstration is proposed to be conducted.

(e) Standards for issuance. The chief of police shall issue a permit as provided for hereunder when, from a consideration of the application and from such other information as may otherwise be obtained, he finds that:

(1) The conduct of the picketing or demonstration will not substantially interrupt the safe and orderly movement of other traffic contiguous to its location or route;

(2) A prior application for a permit for the same time and place has not been made or if made, would reasonably allow multiple occupancy of a particular area; and

(3) It reasonably appears that the picketing or demonstration will not present a clear and present danger to the public health or safety.

(f) The chief of police or his designee, after consultation with the public safety director or his designee, shall act upon the application for permit within five days after the filing thereof. If the chief of police disapproves the application, he shall mail to the applicant within five days after the date upon which the application was filed, a notice of his action stating the reasons for his denial of the permit.

(g) Any person aggrieved shall have the right to appeal the denial of a permit to the Columbus Council. Appeal shall be taken within ten days after notice. The Columbus Council shall act upon the appeal within ten days after its receipt.

(h) The chief of police, in denying an application for a picketing or demonstration permit, shall be required to tender a permit for picketing or demonstration on a date, at a location, at a time, or over a route different from that named by the applicant. An applicant desiring to accept an alternate permit shall, within five days after notice of the action of the chief of police, file a written notice of acceptance with the chief of police. An alternate permit shall conform to the requirements of, and shall have the effect of a permit under this article.

(i) Each permit for picketing or demonstration shall include the times for the event and such other information as the chief of police shall find necessary to the enforcement of this article.

(j) A permittee hereunder shall comply with all permit directions and conditions and with all applicable laws and ordinances. The leader of the picketing or demonstration shall carry the permit upon his or her person during the conduct of the event.

(k) The chief of police shall have the authority to revoke a permit for picketing or demonstration issued hereunder upon application of the standards for issuance or violation of permit conditions.

(l) All applicants for permits for any picketing or demonstration or festival involving more than 15 persons shall comply with all provisions of this article and article III of this chapter.

(Ord. No. 01-98, § 2, 10-23-01; Ord. No. 03-29, § 2, 5-13-03)

Editor’s note(s)—Former § 17B-11, which contained the penalty for article violations, was repealed by Ord. No. 83-62, § 1, enacted July 26, 1983, (see § 1-8 of this Code for the current general penalty), and was also specifically repealed by § 4 of Ord. No. 84-120, enacted Dec. 4, 1984. The repealed provisions derived from § 12 of Ord. No. 63-101, enacted Nov. 4, 1963.

Subsequently, Ord. No. 01-98, § 2, adopted October 23, 2001, enacted a new § 17B-11 as set out above.

Sec. 17B-12. Certain demonstrations prohibited.

(a) The Columbus Council declares that the interest of persons in planning, participating in and attending a funeral or memorial service for a deceased relative or loved one without unwanted impediment, disruption, disturbance, or interference is a substantial interest and the Columbus Council further recognizes the need to impose content neutral time, place, and manner restrictions on unwanted acts carried out with the intent to impede, disrupt, disturb, or interfere with such funeral or memorial service.

(b) It shall be unlawful to engage in any disorderly or disruptive conduct with the intent to impede, disrupt, disturb, or interfere with the orderly conduct of any funeral or memorial service, or with the normal activities and functions carried on in the facilities or buildings where such funeral or memorial service is taking place. Any or all of the following shall constitute such disorderly or disruptive conduct:

(1) Conducting a public assembly, parade, demonstration, or other like event, either fixed or processional, within 300 feet of the ceremonial site or location being used for a funeral or memorial service at any time one hour prior to, during, or one hour after the posted time for said funeral or memorial service;

(2) Displaying any visual images that convey fighting words or actual or imminent threats of harm directed to any person or property associated with said funeral or memorial service within 300 feet of the ceremonial site or location being used for the funeral or memorial service at any time one hour prior to, during, or one hour after the posted time for said funeral or memorial service;

(3) Uttering loud, threatening, or abusive language or singing, chanting, whistling, or yelling with or without noise amplification including, but not limited to, bullhorns, automobile horns, and microphones, such as would tend to impede, disrupt, disturb, or interfere with a funeral or memorial service within 300 feet of the ceremonial site or location being used for the funeral or memorial service; or

(4) Attempting to block or blocking pedestrian or vehicular access to the ceremonial site or location being used for a funeral or memorial service at any time one hour prior to, during, or one hour after the posted time for said funeral or memorial service.

(c) Any person who violates any provision of subsection (b) of this section shall be punished as provided in section 1-8 of this Code.

(Ord. No. 06-20, § 1, 3-28-06)

Secs. 17B-13—17B-16. Reserved.

ARTICLE II. PARADES[1]

DIVISION 1. GENERALLY

Sec. 17B-17. Short title.

This ordinance [article] shall be known and may be cited as the “Parade Ordinance of the City of Columbus, Georgia.”

(Ord. No. 63-102, § 1, 11-4-63)

Sec. 17B-18. Definitions.

(a) “Chief of police” is the chief of police of the City of Columbus, Georgia.

(b) “City” is the City of Columbus, Georgia.

(c) “Parade” is any parade, march, ceremony, show, exhibition, pageant, or procession of any kind, or any similar display, in or upon any street, sidewalk, park or other public place in the city.

(d) “Parade permit” is a permit as required by this ordinance [article].

(e) “Person” is any person, firm, partnership, association, corporation, company or organization of any kind.

(Ord. No. 63-102, § 2, 11-4-63)

Sec. 17B-19. Exceptions from article.

This ordinance [article] shall not apply to:

(1) Funeral processions as defined by O.C.G.A. § 40-6-76, as amended;

(2) Students going to and from school classes or participating in educational activities, providing such conduct is under immediate direction and supervision of the proper school authorities;

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

(Ord. No. 63-102, § 2, 11-4-63; Ord. No. 03-29, § 1, 5-13-03)

Sec. 17B-20. Public conduct during parades.

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

(b) Driving through parades. No driver of a vehicle shall drive between the vehicles or persons comprising a parade when such vehicles or persons are in motion and are conspicuously designated as a parade.

(c) Parking on parade route. The chief of police shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a highway 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 persons to park or leave unattended any vehicle in violation thereof. No person shall be liable for parking on a street unposted in violation of this ordinance [article].

(Ord. No. 63-102, § 12, 11-4-63)

Sec. 17B-21. Reserved.

Editor’s note(s)—Former § 17B-21, which contained the penalty for violations of this article, was repealed by Ord. No. 83-62, § 1, enacted July 26, 1983, (see § 1-8 for the current general penalty), and was also specifically repealed by § 4 of Ord. No. 84-120, enacted Dec. 4, 1984. The repealed provisions derived from Ord. No. 63-102, § 14, enacted Nov. 4, 1963.

Sec. 17B-22. Cash bond required of violators.

Cash bonds only may be given to insure attendance at court [on a charge of violating this article].

(Ord. No. 63-102, § 17, 11-4-63)

Editor’s note(s)—The words in brackets were added by the editor.

Secs. 17B-23—17B-28. Reserved.

DIVISION 2. PERMIT

Sec. 17B-29. Required.

No persons shall engage in, participate in, aid, form or start any parade, unless a parade permit shall have been obtained from the chief of police or his designee.

(Ord. No. 63-102, § 3, 11-4-63; Ord. No. 01-98, § 3, 10-23-01)

Sec. 17B-30. Application.

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

(b) Filing period. An application for a parade permit shall be filed with the chief of police not less than ten days before the date on which it is proposed to conduct the parade.

(1) The name, address and telephone number of the person seeking to conduct such 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 headquarters of the organization, and the authorized and responsible heads of such organization, and the registered agent and officers if a corporation;

(3) The name, address and telephone number of the person who will be the parade chairman and who will be responsible for its conduct;

(4) The date when the parade is to be conducted;

(5) The route to be traveled, the starting point and 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 hours when such parade will start and terminate;

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

(9) The location by streets of any assembly areas for such parade;

(10) The time at which units of the parade will begin to assemble at such assembly area or areas;

(11) The interval of space to be maintained between units of such parade;

(12) 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;

(13) Any additional information which the chief of police shall find reasonably necessary to a fair determination as to whether a permit should issue.

(d) Late applications. The chief of police or his designee, where good cause is shown, shall have the authority to consider any application hereunder which is filed less than ten days before the time such parade is proposed to be conducted.

(Ord. No. 63-102, § 4, 11-4-63; Ord. No. 01-98, § 4, 10-23-01)

Sec. 17B-31. Standards for issuance.

The chief of police shall issue a permit as provided for hereunder when, from a consideration of the application and from such other information as may otherwise be obtained, he finds that:

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

(b) 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;

(c) 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;

(d) 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;

(e) The conduct of such parade will not interfere with the movement of fire fighting equipment enroute to a fire;

(f) The conduct of the parade is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct or create a disturbance;

(g) The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays enroute;

(h) 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.

(i) A prior application for a permit for the same time and place has not been made or if made, would reasonably allow multiple occupancy of a particular area; and

(j) It reasonably appears that the parade or event will not present a clear and present danger to the public health or safety.

(Ord. No. 63-102, § 5, 11-4-63; Ord. No. 01-98, § 5, 10-23-01)

Sec. 17B-32. Notice of denial.

The chief of police shall act upon the application for parade permit within three days after the filing thereof. If the chief of police disapproves the application he shall mail to the applicant within five days after the date upon which the application was filed, a notice of his action stating the reasons for his denial of the permit.

(Ord. No. 63-102, § 6, 11-4-63)

Sec. 17B-33. Appeal from denial.

Any person aggrieved shall have the right to appeal the denial of a parade permit to the city commission. Appeal shall be taken within ten days after notice. The city commission shall act upon the appeal within ten days after its receipt.

(Ord. No. 63-102, § 7, 11-4-63)

Sec. 17B-34. Alternative permit.

The chief of police, in denying an application for a parade permit, shall be required to tender a permit for a 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 five 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 ordinance [article].

(Ord. No. 63-102, § 8, 11-4-63)

Sec. 17B-35. Copies to be sent to city officers.

Immediately upon the issuance of a parade permit, the chief of police shall send a copy thereof to the following:

(a) The city manager;

(b) The fire chief;

(Ord. No. 63-102, § 9, 11-4-63)

Sec. 17B-36. Contents.

Each parade permit shall state the following information:

(a) Starting time;

(b) Minimum speed;

(d) Maximum interval of space to be maintained between the units of the parade;

(e) The portions of the streets to be traversed that may be occupied by the parade;

(f) The maximum length of the parade in miles or fractions thereof;

(g) Such other information as the chief of police shall find necessary to the enforcement of this ordinance [article].

(Ord. No. 63-102, § 10, 11-4-63)

Sec. 17B-37. Duties of permittee; permit to be carried.

A permittee hereunder shall comply with all permit directions and conditions and with all applicable laws and ordinances.

The parade chairman or other person heading or leading such activity shall carry the parade permit upon his person during the conduct of the parade.

(Ord. No. 63-102, § 11, 11-4-63)

Sec. 17B-38. Revocation.

The chief of police shall have the authority to revoke a parade permit issued hereunder upon application of the standards for issuance as therein set forth.

(Ord. No. 63-102, § 13, 11-4-63)

ARTICLE III. PARADE, FESTIVAL, AND DEMONSTRATION PERMITS

Sec. 17B-39. Application to parades, festivals and demonstrations.

This article applies to both demonstrations or festivals of over 15 people as set forth in section 17B-11 and to parades as defined in section 17B-18(c). The requirements of this article are in addition to those requirements contained in articles I and II of this chapter.

(Ord. No. 03-29, § 3, 5-13-03)

Sec. 17B-40. Non-discrimination.

No consideration may be given to the message of the event, nor to the content of speech, nor to the identity or associational relationships of the applicant, nor to any assumptions or predictions as to the amount of hostility which may be aroused in the public by the content of speech or message conveyed by the proposed event.

(Ord. No. 03-29, § 3, 5-13-03)

Sec. 17B-41. Insurance.

The chief of police shall require that all proposed activities having a projected attendance of 10,000 persons or more (or actual attendance of 10,000 persons or more at an event held in the 24-month period immediately preceding the application) furnish a fully paid public liability damage insurance policy procured from a company licensed to do business in Georgia. This policy must protect the city, its officers, agents, the proposed event and its contractors from any and all claims, damages to property and or bodily injury which may result from or in connection with any of the operations carried on by the presenter of the proposed event and list the city as an additional named insured. The chief of police must receive a copy of the certificate of insurance no later than two weeks prior to the date of the proposed event. Insurance limit requirements are as follows:

$1,000,000.00 bodily injury total;

$500,000.00 bodily injury to any one person;

$1,000,000.00 property damage.

(Ord. No. 03-29, § 3, 5-13-03)

Sec. 17B-42. Basis for denial of permit.

To the extent permitted by law, the chief of police may deny an application for a permit if 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 an event or activity previously permitted or has violated the terms of prior permits issued to or on behalf of the applicant. The chief of police, in granting or modifying the permit shall not give any consideration to the message of the proposed event, nor to the content of speech, nor to the identity or associational relationships of the applicant, nor to any assumptions or predications as to the amount of hostility which may be aroused in the public by the content of speech or message conveyed by the proposed event.

The chief of police may also deny an application for a permit on any of the following grounds:

(a) The application for a permit (including any required attachments and submissions) is not fully completed and executed;

(b) The applicant has not tendered the required application fee with the application or has not tendered the required insurance certificate, or sanitation deposit within the times prescribed;

(d) The applicant is legally incompetent to contract or to sue and be sued;

(e) 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;

(f) The use or activity intended by the applicant would conflict with previously planned programs organized and conducted by the city and previously scheduled for the same time and place;

(g) The conduct of the event will require the diversion of so great a number of city police officers to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection of the city;

(h) The concentration of persons, animals, and vehicles at the event will unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to the areas surrounding the event;

(i) The use or activity intended by the applicant would present an unreasonable danger to the health or safety of the applicant, of city employees or of the public;

(j) The applicant has not complied or cannot comply with applicable licensure requirements, ordinances or regulations of the city concerning the sale or offering for sale of any goods or services;

(k) The use or activity intended by the applicant is prohibited by law, by this Code and ordinances of the city;

(l) The applicant has failed to complete payment of any sums required for a previously permitted event;

(m) The applicant has failed to substantially perform a cleanup plan that was made a condition of a previous permit; provided, the chief of police may not require the payment of arrears for previous activities or the restitution of damages from previous activities, as otherwise set forth in this section, unless the chief of police or his designee had mailed or delivered to the applicant a demand for such payment or restitution within 60 days after the ending date of such previous permitted event;

(n) The applicant plans to erect or place any structure, whether permanent or temporary, on a city street, sidewalk, or right-of-way but has not obtained advance approval from the city manager;

(o) The applicant plans to conduct the event in or adjacent to any areas zoned as residential, R-1 through R-4, between the times of 10:00 p.m. through 8:00 a.m., as this article contemplates a group in excess of 15 persons and the city wishes to insure the tranquil enjoyment of the home.

(Ord. No. 03-29, § 3, 5-13-03)

CPD Contact Information:

Columbus Police Department

P.O. Box 1866 | 510 Tenth Street

Columbus, Georgia 31901-1866 706-653-3100

S. Mathis – Chief of Police

J. Dent-Fitzpatrick – Assistant Chief

D. Kennedy – Assistant Chief

Online Permit for Public Demonstrations

[1]Editor’s note(s)—Article II, §§ 17B-17—17B-38, is derived from Ord. No. 63-102, adopted 11-4-63. As said ordinance was not enacted as a part of this Code, it is included herein at the discretion of the editor.