Morrisville Code of Ordinances - publishing_20231101

(5) There is reliable information that a counter-demonstration or picket line will occur that will negatively impact the ability of the police department to safeguard the group demonstration or picket line.

The police chief will not deny a group demonstration or picket line permit request that involves protected speech under the First Amendment of the United States Constitution based on the content of the speech.

Upon issuance of a group demonstration or picket line permit, a copy shall be sent to the town manager and the fire chief. The police chief shall have the authority to revoke a group demonstration or picket line permit issued under this article upon violation of the standards for issuance as set forth in this section. (Ord. No. 2023-6-0, 3-14-23)

Sec. 54-42. Notice of action on parade permit application. -- Repealed

(Ord. No. 90-42, § 7, 7-23-90; Ord. No. 2023-6-0, 3-14-23) State Law References: Refusal of weapons permits, G.S. 14-404; chief of police, G.S. 160A-281; powers and duties of police officers, G.S. 160A-285, 160A-286.

Sec. 54-42.1. Notice of action on group demonstration or picket line permit application.

(1) The police chief shall act upon the group demonstration or picket line application under this article as expeditiously as reasonably possible, and within 48 hours shall notify the applicant in writing of their decision. The group demonstration or picket line notice shall also inform the applicant of the appeal procedure available under subsection (b) of this section and the conference available under section 54-43 for an alternative permit. (2) Any person aggrieved shall have the right to appeal the denial of a group demonstration or picket line permit to the Town Council, and the Town Council shall hear the appeal at its first regularly scheduled meeting after receipt of the appeal. (Ord. No. 2023-6-0, 3-14-23) If the police chief denies an application for a group demonstration or picket line permit based upon one or more of the findings prescribed in section 54-42.1, the chief or the Chief’s designee shall, upon the request of the applicant, confer with the applicant for the purpose of trying to negotiate modifications to the planned group demonstration or picket line that will eliminate the objections found under section 54-42.1. The police chief is authorized to grant an alternative permit specifying a date, time or route/location different from that contained in the application. The alternative permit is valid only upon the filing by the applicant with the police chief or their designee of a written acceptance of the alternative permit. An alternative permit is void if not accepted in the manner prescribed in this section. An alternative permit shall conform to the requirements of and shall have the effect of a group demonstration or picket line permit under this article. (Ord. No. 90-42, § 8, 7-23-90; Ord. No. 2023-6-0, 3-14-23) Sec. 54-43. Alternative group demonstration or picket line permit.

CD54:6

Supp. No. 10