PROCESSIONS AND ASSEMBLIES

San Antonio City Code ch. 19, art. XVII

in effect

San Antonio City Code § 19-630 Definitions.

Sec. 19-630. - Definitions. For this chapter, the following definitions shall apply, unless the context clearly indicates otherwise: Chief of police means the chief of police of the San Antonio Police Department or his or her designated representative. City attorney means the city attorney of the City of San Antonio or his or her designated representative. City manager means the city manager of the City of San Antonio or his or her designated representative. Commercial procession means a procession, the sole or principal object of which is not First Amendment activity. First Amendment activity means all expressive and associative activity that is protected by the United States and Texas Constitutions, including speech, press, assembly, and the right to petition, but not including commercial advertising, revenue-generating events, or fundraising. First Amendment procession means a procession, the sole or principal object of which is First Amendment activity. Organize means to arrange systematically as an individual or with a committee or group for harmonious or united action. Procession marshal means an individual or individuals who shall coordinate with SAPD during a procession. Permit holder means a person issued a procession and/or public assembly permit pursuant to this article. Permitting official means the individual charged with issuing the procession permits and public assembly permits. Procession means a group of persons moving along, by whatever means, in an orderly, formal manner on any street, alley, or public thoroughfare from a point of origin to a point of termination or a group of persons moving along, by whatever means, in an orderly, formal manner anywhere else in the city from a point of origin to a point of termination in such a way as to impact the normal flow or regulation of pedestrian or vehicular traffic. Procession and public assembly permit office means the office within the Center City Development and Operations Department charged with issuing public procession permits and assembly permits. Procession permit means the procession permit required by this article to hold a procession on city property or rights-of-way. Procession unit means any vehicle, animal or object used to transport a person who is participating in a procession. Public assembly means a gathering of a group of persons, for either First Amendment activity or for other purposes, on public spaces owned or managed by the City of San Antonio. Assemblies shall generally occur in city parks and on sidewalks. Public assembly permit means the permit required by the city to reserve city property for a public assembly on city property. Traffic control personnel means a commissioned peace officer licensed by the State of Texas and authorized to control the movement, direction, and flow of vehicular traffic under state law and local ordinances. (Ord. No. 2018-03-01-0151, § 1(Att. A), 3-1-18)

San Antonio City Code § 19-631 Procession and public assembly policy of the city; permit required.

Sec. 19-631. - Procession and public assembly policy of the city; permit required. (a) It is the policy of the city to facilitate the expressive and associative activity that is protected by the United States and Texas Constitutions, including speech, press, assembly, and the right to petition. The city shall, in exercising its control of public spaces, allow for full expression of First Amendment processions and assemblies as is compatible with the regulations outlined below. In particular, public assemblies that occur in city parks and associated sidewalks that do not interfere with previously scheduled events occurring in the park, or impede the flow of pedestrian traffic on sidewalks, shall be allowed free of charge and with no permit required. (b) No person shall organize any procession or public assembly that impedes the normal flow or regulation of pedestrian or vehicular traffic without having first obtained a procession permit. (Ord. No. 2018-03-01-0151, § 1(Att. A), 3-1-18)

San Antonio City Code § 19-632 Exceptions to application.

Sec. 19-632. - Exceptions to application. No permit shall be required for: (1) The movement of persons in an orderly, formal manner from a point of origin to a point of termination on a sidewalk, so long as the movement does not impede the normal flow or regulation of pedestrian or vehicular traffic; or (2) A public assembly that does not impede the normal flow or regulation of pedestrian or vehicular traffic, unless the person organizing the assembly desires to reserve the city property for exclusive use for the assembly. (Ord. No. 2018-03-01-0151, § 1(Att. A), 3-1-18)

San Antonio City Code § 19-633 Application for procession permit and public assembly permit.

Sec. 19-633. - Application for procession permit and public assembly permit. (a) A person seeking issuance of a procession permit or a public assembly permit shall file an application with the permitting official on forms provided by such individual. (b) First Amendment procession permits. (1) An application for a First Amendment procession permit shall be filed with the permitting official not less than fifteen (15) business days nor more than one hundred fifty (150) calendar days before the proposed procession date; (2) Where the organization of a First Amendment procession, however, begins within fifteen (15) business days of the proposed procession date, an application for a First Amendment procession permit shall be filed with the permitting official within three (3) calendar days of the date on which organization of the procession begins, but not less than two (2) calendar days before the proposed procession date. (3) The permitting official may consider a First Amendment application filed less than fifteen (15) business days, but not less than two (2) calendar days, before the proposed procession date where organization of the procession began more than fifteen (15) calendar days before the proposed procession date so long as there is adequate time for the procession and public assembly permit office to process the application and for the chief of police to plan for the procession. (4) First Amendment procession permits shall be obtained at no cost to the applicant. (c) Commercial procession. (1) An application for a commercial procession permit shall be filed with the permitting official not less than forty-five (45) calendar days nor more than one hundred fifty (150) calendar days before the proposed procession date. (2) The permitting official may consider a commercial procession application filed less than forty-five (45) calendar days before the proposed procession date, but not less than four (4) calendar days, before the proposed procession date where organization of the procession began more than forty-five (45) calendar days before the proposed procession date so long as there is adequate time for the procession and public assembly permit office to process the application and for the chief of police to plan for the procession. (3) Commercial procession applications shall be accompanied by a fee of seventy-five dollars ($75.00). If the organizers of an event cannot provide payment with the application, an organizer may submit an affidavit attesting that he or she will provide payment within fifteen (15) business days of the date of the submission of the application. Failure to provide payment will trigger the surety bond requirement in section 19-636 for future procession events by organizers, and the organizer signing the affidavit shall become personally responsible for payment. (d) The permit holder for a procession actually held during a prior year may receive advance approval of the route, date, and time not more than thirteen (13) months in advance of the scheduled date of the procession. The permitting official may give advance approval after receiving a written request from the permit holder. The permit holder shall receive the right of first refusal as to the route, date, and time of the procession that may be exercised until ninety (90) calendar days prior to the approved date of the procession. (e) The application shall contain the following: (1) The name, address, and telephone number of the person seeking to conduct the procession; (2) Where the procession is to be held for or by an entity, rather than an individual, the name, address, and telephone number of the entity and the name, address, and telephone number of the head of the entity; (3) Where the procession is to be held by or for any person other than the applicant, documentation evidencing authority to make the application; (4) The name, address, and telephone number of the person who will be the procession chairperson and who will be responsible for its conduct; (5) The date the procession will be conducted; (6) The location of the assembly area, the starting point of the procession, the route of the procession, the ending point of the procession, and the location of the disbanding area; (7) The approximate number of persons who will participate in the procession; (8) The approximate number vehicles that will be included in the procession and a description of those vehicles; (9) The approximate number of animals and the type of animals that will be included in the procession; (10) The time when the procession will begin and end; (11) A statement as to whether the procession will occupy all or only a portion of the width of the streets proposed to be used; (12) The time at which units of the procession will arrive at the assembly area; (13) The purpose of the procession; and (14) Any other information related to public safety that the permitting official or chief of police finds necessary to an evaluation of the request under the standards for issuance set forth in section 19-634. (f) Public assembly permit. (1) If the planned procession requires the exclusive use of a city facility such as a park or plaza for an assembly area associated with the procession, the person seeking the procession permit shall so indicate on the application, and the permitting official will, after coordination with the appropriate city departments, issue a public assembly permit subject to the normal reservation regulations and fees associated with the requested city facility. (2) If an applicant requests a public assembly permit for a city facility without requesting an associated procession permit, the permitting official will direct the applicant to the applicable city department reservation office or official for further assistance. (Ord. No. 2018-03-01-0151, § 1(Att. A), 3-1-18)

San Antonio City Code § 19-634 Standards for issuance.

Sec. 19-634. - Standards for issuance. (a) The permitting official and the chief of police shall uniformly treat each application in a just, fair, and nondiscriminatory manner bearing in mind that the time, place, duration, and manner of use of the public streets, parks, and other public ways and places for procession and assembly must be consistent with public safety, the maintenance of order, and rights of others to exercise free speech. The permitting official and the chief of police shall issue a permit when, from a consideration of the application, they find that: (1) The conduct of the procession will not substantially interrupt the safe and orderly movement of other traffic near its route; (2) The conduct of the procession 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 near there as to prevent normal police protection to the city; (3) The conduct of such procession 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 near there; (4) The concentration of persons, animals and vehicles at assembly and disbanding points of the procession will not unduly interfere with proper fire and police protection of, or ambulance service to, areas near such assembly or disbanding areas; (5) The conduct of such procession or assembly will not interfere with the movement of firefighting equipment en route to a fire; (6) The procession is scheduled to move from its point of origin to its point of termination without unreasonable delays en route; (7) The applicant has fulfilled the requirements of this article; and (8) The event does not conflict with a previously scheduled event that is scheduled to: a. Occur at the same time and place; or b. Occur at the same time, though at a different location or along a route that crosses over or conflicts with previously scheduled events; and (9) When SAPD is available where the proposed event is to take place downtown. (b) If the chief of police determines that the applicant's proposed route conflicts with a previously scheduled event, street closure(s), or construction, then the permitting official or the chief of police will contact the applicant to discuss alternative routes. (c) Upon final approval of the route by the chief of police, the chief will then create and approve a traffic safety plan for approved route. (d) Time and place restrictions in issuing procession or public assembly permits. (1) No procession or public assembly permit shall be issued for streets in the "Downtown Business District" as defined in the City's Unified Development Code Appendix A, Section 35-A101(b), on non-holiday weekdays, between the hours of 7:30—9:00 a.m. and 4:30—6:00 p.m. (2) No procession or public assembly permit shall be issued for state or federal highways at any time. (Ord. No. 2018-03-01-0151, § 1(Att. A), 3-1-18)

San Antonio City Code § 19-635 Notice of rejection; appeal.

Sec. 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)

San Antonio City Code § 19-636 Duties of and costs to be paid by permit holder.

Sec. 19-636. - Duties of and costs to be paid by permit holder. (a) Each permit holder shall comply with all requirements of this article, the permit directions and conditions, and with all applicable laws and ordinances. (b) Each commercial procession permit holder is responsible for the costs of: (1) Providing traffic control devices for the procession route in accordance with section 19-66; and (2) Providing traffic control personnel, whether on duty or on overtime, for the procession route. (c) Each First Amendment procession and commercial procession permit holder is responsible for cleaning up his or her procession route. (d) In reviewing the application for a procession permit, the chief of police or his or her designee shall determine the number of peace officers and traffic control devices necessary to control traffic in the area of the requested procession. The chief or his or her designee will consider the following factors and identify the effect of each factor in assessing the estimated traffic control costs for commercial processions: (1) The route and the identification of roadways that cross through or feed into the street of the proposed route; (2) The number of anticipated participants and vehicles in the event; (3) Identification of other roadways, or public transportation and emergency vehicle routes that may be affected by the event; (4) Length of the route and the identification of the number of intersections along the route that will require barricades or traffic control personnel; (5) Whether intersections must be individually barricaded or whether officers can be assigned to move along with the event; (6) The date and time of the event; (7) Volume of vehicular and pedestrian traffic typical on and along the route for the time of day, day of the week and time of year for the proposed route. The cost for each city police department officer shall be set in accordance with the collective bargaining agreement. The cost for traffic control devices will be set in accordance with the prices set in the city's annual contract for traffic control devices. The permittee may choose to contract directly with a traffic control device provider subject to compliance with the Texas Manual on Uniform Traffic Control Devices. For First Amendment events, the city shall absorb the cost of the traffic control devices and traffic control personnel costs on behalf of the permit holder. Traffic control personnel shall be in a number sufficient to adequately safeguard the flow of both participant and non-participant traffic in order to minimize congestion, as determined by the chief of police. Any additional costs for police personnel deemed necessary to provide security due to the nature of the event will not be assessed to the permit holder. Traffic control personnel shall be limited to the furthest extent practicable to city uniformed police officers, and may include, with approval of the chief of police, other uniformed, certified peace officers knowledgeable of traffic control laws. Events held within the downtown expressway loop requires the use of SAPD officers, unless staffing limitations, as determined by the chief of police, require the use of other certified peace officers may be permitted by the chief. When available and safely practicable, the chief or his or her designee shall utilize on-duty officers before off-duty officers. The chief of police shall finalize and utilize a traffic control plan for First Amendment processions. For larger commercial processions, commercial procession applicants must timely provide to the SAPD a proposed barricade plan for the SAPD's approval. A commercial procession permit holder shall receive from the city an invoice for the required costs within fifteen (15) calendar days after the procession. The payment for these costs shall be due to the city within thirty (30) calendar days after the date of the procession. If the applicant disputes the costs assessed by the police department, the applicant may file an appeal with the office of the city manager within seven (7) business days of receipt of the invoice. The appeal must identify the specific costs in dispute. The city manager or his or her designee will review the assessed costs based on the criteria required to be used by the chief of police and render a final decision regarding the costs to be paid by the permittee with in fifteen (15) business days of receiving the appeal. No costs shall be owed during the appeal until the office of the city manager has rendered its decision. The chief of police shall create a written standard operating procedure for issuance of permits and assessments of traffic control costs in conformity with this section. (e) If a commercial procession applicant owes fees not timely paid in connection with a commercial procession previously approved and conducted or if the estimated costs to the city for a commercial procession under this section are greater than ten thousand dollars ($10,000.00), the applicant shall, prior to approval of the application for a commercial procession permit, file a surety bond in accordance with and as described in section 1-16 in the amount of the estimated costs. (f) Prior to approval of the application for a commercial procession permit, the applicant shall submit to the permitting official a certificate of insurance and endorsement evidencing commercial general liability coverage, including premises/operations, independent contractors, personal injury, and contractual liability, at a combined single limit of one million dollars ($1,000,000.00) per occurrence, with the city being named as the additional insured by endorsement. The applicant shall provide at least thirty (30) days' advance notice of cancellation or material alteration of the insurance policy. (g) At least twenty-four (24) hours before the scheduled start of the event, the permit holder for a commercial procession shall make a reasonable effort to notify the businesses and residences located around the assembly area, along the procession route, and around the disbanding area of the scheduled procession. A copy of any flyer or handout used in making the notification shall be provided to the permitting official at least twenty-four (24) hours prior to the beginning of the procession. It is recommended, but not required, that the permit holder for a "First Amendment Procession" provide the same notices. (Ord. No. 2018-03-01-0151, § 1(Att. A), 3-1-18)

San Antonio City Code § 19-637 Revocation of permit.

Sec. 19-637. - Revocation of permit. The permitting official and the chief of police shall each individually have the authority to revoke a procession permit or public assembly permit issued pursuant to this article when the conditions supporting the findings made by the permitting official pursuant to section 19-634 change in such a way, prior to the date on which the procession or assembly is to be held, that a procession permit would not otherwise be issued. The permitting official and the chief of police shall each individually have the authority to revoke a procession permit or public assembly permit if the permit holder does not comply with section 19-636. (Ord. No. 2018-03-01-0151, § 1(Att. A), 3-1-18)

San Antonio City Code § 19-638 Public conduct during processions.

Sec. 19-638. - Public conduct during processions. (a) Interference. It shall be unlawful for any person to hamper, obstruct or impede, or interfere with any procession or procession assembly or with any person, vehicle, or animal participating or used in a procession. (b) Driving through processions. It shall be unlawful for any driver of a vehicle to drive between the vehicles or persons comprising a procession when such vehicles or persons are in motion and are conspicuously designated as a procession unless directed to do so by a police officer. (c) Parking on procession route. The chief of police shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a street or highway or part thereof constituting a part of the route, forming area, disbanding area, or buffer zone of a procession. The chief of police shall post signs to such effect, and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof. (d) Prohibited substances. It shall be unlawful for any person to sell, possess, or use a pressurized container of the substance commonly known as "liquid string," "silly string," or "super string," or any quantity of the small explosive devices commonly known as "snappers," "throw downs," "pop pops," or "popping match sticks," which are paper-wrapped wads of sand coated with a minute quantity of explosive powder and adhesive, producing a small report upon impact with hard surfaces, in any public place or private property. (e) Control of processions; restrictions. The permitting official shall identify a point of contact or liaison within the SAPD to facilitate coordination and communication during the procession. Once the procession starts, the SAPD will coordinate with the procession group to ensure safe and efficient movement of the procession in accordance with the parameters outlined in the permit. SAPD will provide clear direction and take appropriate action if the procession begins to go outside the parameters of the permit or if there is a situation that threatens individual or public safety. (f) Procession floats or vehicles. No participant shall throw or give away candy, gifts, tokens, advertisements, or any other objects from any float or transportation vehicle while the float or transportation vehicle is on the procession route. Failure to observe these requirements shall constitute a violation of this article and the chief of police is empowered to remove this unit from the procession immediately. (Ord. No. 2018-03-01-0151, § 1(Att. A), 3-1-18)

San Antonio City Code § 19-639 Criminal penalties.

Sec. 19-639. - Criminal penalties. (a) It shall be unlawful to fail to obtain a permit required under this chapter for any procession. Any violation committed intentionally, knowingly or recklessly shall be deemed to be guilty of a misdemeanor and shall upon conviction be punished by a fine not exceeding five hundred dollars ($500.00). (b) The intentional, knowing or reckless commission of any act made unlawful by section 19-638 shall be deemed a misdemeanor and shall upon conviction be punished by a fine not exceed five hundred dollars ($500.00). (Ord. No. 2018-03-01-0151, § 1(Att. A), 3-1-18)

San Antonio City Code § 19-640 Procession marshal.

Sec. 19-640. - Procession marshal. The procession marshal may complete a procession marshal orientation by the San Antonio Police Department ("SAPD"). The procession marshal helps ensure that the procession is moving along in a timely fashion and that health and other issues are promptly reported to SAPD. The procession marshal shall conduct him or herself in such a way that complies with state law and local ordinances. The designation and use of a procession marshal or marshals is optional and is not required for any procession permit issuance. Only traffic control personnel as defined by this section can control and direct vehicular traffic. (Ord. No. 2018-03-01-0151, § 1(Att. A), 3-1-18)

Source: City of San Antonio, City Code, City Charter and Unified Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/tx/san_antonio/codes/code_of_ordinances?nodeId=PTIICO_CH19MOVETR_ARTXVIIPRASFetched: 10/27/2026