§ 19-635. Notice of rejection; appeal.

(a)

The permitting official shall act upon the application for a procession permit within three (3) calendar days it has been filed. If an application for permit has been filed under subsections 19-633(b)(2) or (3), or under subsection 19-633(c)(2) for an event which will take place within five (5) days of the submission of the application, the permitting official shall act upon the application as soon as is practicably possible. If the permitting official and/or the chief of police does not approve the application, the permitting official shall mail, by certified mail/return receipt requested, to the applicant, within ten (10) calendar days after the date upon which the application was filed, a notice of his action, stating the reason for his denial of a permit. The applicant shall have the right to appeal a denial of a procession permit to either the city council or the city manager by filing notice of appeal with the city clerk, specifying whether the appeal is to the city council or the city manager, within seven (7) calendar days after receipt of the notice provided above. The appeal shall be heard within ten (10) calendar days of the filing of the appeal. The council or manager or the manager's designee shall hear the appeal as soon as practicable. The decision of the city council or the city manager or the designee is final.

(b)

Where the denial of a permit application is upheld on appeal by the city council or the city manager, the city, acting by and through its city attorney, shall, within five (5) days following the appellate decision, apply to either a United States federal district court or to a state district court for a judicial determination as to whether the proposed procession described in the application may be prohibited, naming the applicant as party defendant. The city attorney shall exert every reasonable effort to have the case heard on its merits without delay. The burden of showing that the proposed procession may be prohibited shall rest on the city. If the city appeals an adverse judicial determination, it shall file its notice of appeal within five (5) days after the ruling has been issued by the court.

(Ord. No. 2018-03-01-0151 , § 1(Att. A), 3-1-18)