§ 22-39. Appeal from denial.

(a)

Any person aggrieved by the denial or restriction of a parade permit shall have the right to appeal the denial or restriction to the city council. The city council shall act upon the appeal at its next regular meeting or at an earlier special meeting called for the consideration of such appeals, but in any event, at least twenty-four (24) hours before the proposed starting time of the parade.

(b)

The city council shall grant an applicant's appeal of restriction or denial of a permit as provided in this section from a consideration of the application and from such information as may otherwise be obtained, unless it finds that one (1) or more of the factors enumerated in section 22-38 is present. In considering the factors for denying an applicant's appeal of denial or restriction of a permit, the only considerations shall be those of public health, safety and welfare. No distinction may be made on the basis of the content of the message, the identification of the participants, or any other matter which does not directly and substantially impact on the imminent public health, safety and welfare.

(c)

At least twenty-four (24) hours before the proposed starting time of the parade, the city council will provide the appellant with a written decision on the appeal, stating whether any denial or restriction is being upheld, and if so, the factual basis and reason for upholding each such denial or restriction.

(Code 1976, § 7-6003; Ord. No. 7-94, 3-17-94)