Form revised May 5, 2009

FISCAL NOTE FOR NON-CAPITAL PROJECTS

Department:	Contact Person/Phone:	DOF Analyst/Phone:
Legislative	Sara Belz, 4-5382	NA

Legislation Title:

AN ORDINANCE relating to parades; establishing procedures and standards for the issuance and modification of parade permits, amending Sections 11.14.410, 11.25.020, 11.25.040 of the Seattle Municipal Code, and adding new sections thereto.

· Summary of the Legislation:

This legislation amends the Chapter 11 of the Seattle Municipal Code (SMC) to include the content of an administrative rule that was adopted by the Chief of Police on March 2, 2009, regarding the City’s procedures and standards for the issuance and modification of parade permits.

· Background: (Include brief description of the purpose and context of legislation and include record of previous legislation and funding history, if applicable):

WHEREAS, on December 12, 2008, the United States Court of Appeals for the Ninth Circuit issued its decision in Seattle Affiliate of the October 22nd Coalition, et anno. v. City of Seattle, et al., Ninth Circuit Court of Appeals, Case No. 06-35597; and

WHEREAS, the Court held that Seattle’s parade permit ordinance, SMC 11.25.020, did not contain adequate standards for police decisions regarding modifications of parade permits, did not require a written explanation of decisions and did not require a mandatory review process, and is therefore unconstitutionally defective; and 

WHEREAS, the City wishes to maintain its proud tradition of encouraging the full exercise of the free speech rights of its citizens; and

WHEREAS, the City wishes to cure the constitutional defects in SMC 11.25.020; and

WHEREAS, it is necessary to maintain and establish procedures to allow for the permitting of parades in the City, in accordance with the ruling of the Court, in order to allow for the full exercise of free speech rights while allowing the Chief of Police to maintain the public peace, health and safety and the reasonable regulation of vehicular and pedestrian traffic on city streets and sidewalks; and

WHEREAS, on March 2, 2009, the Chief of Police adopted rules regarding procedures and standards for the issuance and modification of parade permits which the City Council now wishes to codify and adopt as City ordinance.

· Please check one of the following:

_X  _ This legislation does not have any financial implications.  (Stop here and delete the remainder of this document prior to saving and printing.)