PARADES, PROCESSIONS, AND ASSEMBLES

Omaha Municipal Code ch. 20, art. IX

in effect

Omaha Municipal Code § 20-291 Definitions.

Sec. 20-291. - Definitions. The following words and phrases shall, for the purposes of this article, have the meanings respectively ascribed to them: Block/hours means the length of public right-of-way (measured in blocks) to be closed for a parade multiplied by the number of hours of such closure. If the public right-of-way along a given block is closed for less than one hour, then the closure of such block shall not count toward the calculation of total block/hours. Director means the director of the public works department, or his or her designee. Large parade means a parade that (a) is held on any arterial street or right-of-way, or (b) requires the physical movement or adjustment of any traffic signals or sign posts. Non-commercial street closing event means a non-commercial block party, festival or other similar event involving the closing of right-of-way to normal pedestrian or vehicular traffic; provided, that this term shall not include events regulated by section 5-101 et seq. of this Code. Parade means any organized march, demonstration, procession, race or motorcade consisting of persons, animals, or vehicles or a combination thereof upon the streets, parks or other public grounds within the city that interferes with the normal flow or regulation of pedestrian or vehicular traffic upon city right-of-way, parks or other public grounds. Public assembly means any meeting, demonstration, picket line, rally or gathering of more than 25 persons on city property for a common purpose as a result of prior planning that interferes with the normal use of such city property; provided, that this term shall not include events regulated by section 5-101 et seq. of this Code. Small parade means any parade other than a large parade. (Ord. No. 36904, § 5, 1-25-05)

Omaha Municipal Code § 20-292 Permit required.

Sec. 20-292. - Permit required. No person shall engage in or conduct any parade, public assembly, or non-commercial street closing event unless a permit for such purpose is first issued by the director. (Ord. No. 36904, § 5, 1-25-05)

Omaha Municipal Code § 20-293 Exceptions.

Sec. 20-293. - Exceptions. This article shall not apply to the following: (a) Funeral processions; (b) Students going to and from school classes or participating in educational activities, provided that such conduct is under the immediate direction and supervision of the proper school authorities; (c) A governmental agency acting within the scope of its functions; and (d) A spontaneous event occasioned by news or affairs coming into public knowledge within five days of such event, provided that the organizer thereof gives written notice to the director at least 24 hours prior to such event. (e) Commercial events regulated by section 5-101 et seq. of this Code. (f) A motorcade conducted for the primary purpose of transporting a political or public figure. (Ord. No. 36904, § 5, 1-25-05)

Omaha Municipal Code § 20-294 Small parades and non-commercial street closing events.

Sec. 20-294. - Small parades and non-commercial street closing events. A small parade or non-commercial street closing event may be authorized by a street closing permit approved by the director. A person may apply for such a permit by filing with the director an application on a form provided by such director. The director shall adopt and maintain written general rules and conditions applicable to such permits, as are necessary or appropriate to protect public health, safety, and welfare. (Ord. No. 36904, § 5, 1-25-05)

Omaha Municipal Code § 20-295 Application for large parade or public assembly.

Sec. 20-295. - Application for large parade or public assembly. (a) A person seeking a large parade or public assembly permit shall file an application with the director on forms provided by such director and the application shall be signed by the applicant. (b) For single, non-recurring public assemblies, an application for a permit shall be filed with the director at least two business days and not more than 180 days before that public assembly is proposed to commence. The director may waive the minimum two business days filing period and accept an application filed within a shorter period if, after due consideration of the date, time, and place of the public assembly, the anticipated number of participants, and the city services required in connection with the event, the director determines that the waiver will not present a hazard to public safety. (c) For large parades, and for public assemblies held on a regular or recurring basis at the same location, an application for a permit for such a large parade or assembly shall be filed with the director at least 30 and not more than 180 days before the date and time at which such parade or public assembly is proposed to commence. The director may waive the minimum 30-day period after due consideration of the factors specified in subsection (b) above. (d) The application for a large parade or public assembly permit shall set forth the following information, to the extent applicable: (1) The name, address and telephone number of the person seeking to conduct such parade or public assembly; (2) The names, addresses and telephone numbers of the headquarters of the organization for which the parade or public assembly is to be conducted, if any, and the authorized and responsible heads of the organization; (3) The requested date of the parade or public assembly; (4) The route to be traveled, including the starting point and the termination point, the number of street blocks that will require closure, and the period of time during which each street block will be closed (so that the number of block/hours can be calculated); (5) The approximate number of persons who, and animals and vehicles which will constitute such parade or public assembly and the type of animals and description of the vehicles; (6) The hours when such parade or public assembly will start and terminate; (7) A statement as to whether the parade or public assembly will occupy all or only a portion of the width of the streets proposed to be traversed; (8) The location by street of any assembly areas for such parade or public assembly; (9) The time at which units of the parade or public assembly will begin to assemble at any such area; (10) The intervals of space to be maintained between units of such parade or public assembly; (11) If the parade or public assembly is designed to be held by, or on behalf of, any person other than the applicant, the applicant for such permit shall file a letter from that person with the director authorizing the applicant to apply for the permit on his/her behalf; (12) A description of activities planned during the event; (13) A description of any recording equipment, sound amplification equipment, banners, signs, or other attention-getting devices to be used in connection with the parade or public assembly; (14) The approximate number of participants (spectators are by definition not participants); (15) The approximate number of spectators; (16) A designation of any public facilities or equipment to be utilized or moved, specifically including the number and locations of traffic signal or sign posts that will need to be moved; (17) A statement that the applicant agrees to be responsible for the cleanup of the parade or public assembly location immediately after the event; (18) A list of persons required to be notified under this article, if applicable; and (19) Any additional information that the director finds reasonably necessary to a fair determination as to whether a permit should issue. (Ord. No. 36904, § 5, 1-25-05)

Omaha Municipal Code § 20-296 Fees.

Sec. 20-296. - Fees. (a) A non-refundable fee of $50.00 to cover administrative costs of processing the permit shall be paid to the city by the applicant when the application for a large parade or public assembly is filed; provided, that such fee shall be reduced to $25.00 if the application is filed at least 60 days prior to the event. (b) An application for a permit for a large parade shall also require the following additional fees: (1) A street use fee of $200.00 if ten or fewer blocks of right-of-way are required to be closed by reason of the event, or $300.00 if more than ten blocks are required to be closed by reason of the event; (2) A standard fee of $400.00 if any traffic signals or sign posts will need to be moved in any respect, up to a maximum of 15 traffic signals or sign posts, plus an additional $25.00 for each additional traffic signal or sign post over that maximum number that need to be moved in any respect. This fee is to cover the city's cost of administering and inspecting the movement of such signals or posts. The applicant shall at its own cost hire a qualified contractor to physically move and replace such signals or posts. (c) An application for a permit for a public assembly shall also require the following additional fees: (1) A street use fee of $10.00 for each block of city right-of-way to be closed by reason of the event, per hour; provided, that no street use fee will be charged for the closing of right-of-way on Saturdays or Sundays; (2) If any street closing occurs on a street with city parking meters, the applicant shall pay to the city 80 percent of the revenue that would otherwise have been received from full utilization of such parking meters during the period of the street closing; and (3) A standard fee of $400.00 if any traffic signals or sign posts will need to be moved in any respect, up to a maximum of 15 traffic signals or sign posts, plus an additional $25.00 for each additional traffic signal or sign post over that maximum number that need to be moved in any respect. This fee is to cover the city's cost of administering and inspecting the movement of such signals or posts. The applicant shall at its own cost hire a qualified contractor to physically move and replace such signals or posts; and (4) A conversion fee to be charged if a street closing requires the city to convert a one-way street to a two-way street. The amount of the conversion fee shall be the city's estimated costs of such conversion, as determined by the public works director. (d) The applicant for any parade, public assembly, or other event under this article shall arrange for and pay the costs of any barricades, and of any movement of traffic signals or sign posts, which are required for the event. (Ord. No. 36904, § 5, 1-25-05)

Omaha Municipal Code § 20-297 Standards for issuance.

Sec. 20-297. - Standards for issuance. (a) The director shall issue a large parade or public assembly permit as provided for herein when, from a consideration of the application and from such other information as may otherwise be obtained, he or she finds that: (1) The conduct of the parade or public assembly will not substantially interrupt the safe and orderly movement of other pedestrian or vehicular traffic contiguous to its route or location; (2) The conduct of the parade or public assembly will not require the diversion of so great a number of city police officers to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection of the city; (3) The concentration of persons, animals, and vehicles at public assembly points of the parade or public assembly will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such public assembly areas; (4) The conduct of the parade or public assembly is not reasonably likely to cause injury to persons or property; (5) The parade or public assembly is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route; (6) Adequate sanitation and other required health facilities are or will be made available in or adjacent to any public assembly areas; (7) There are sufficient parking places near the site of the parade or public assembly to accommodate the number of vehicles reasonably expected; (8) Such parade or public assembly is not for the primary purpose of advertising any product, goods or event that is primarily for private profit, and the parade itself is not primarily for profit. The prohibition against advertising any product, goods or event shall not apply to signs identifying organizations or sponsors furnishing or sponsoring exhibits or structures used in the parade; (9) No parade or public assembly permit application for the same time and location is already granted or has been received and will be granted; (10) No parade or public assembly permit application for the same time but different location is already granted or has been received and will be granted, where the police resources required for that prior parade or public assembly are so great that in combination with the subsequent proposed application, the resulting deployment of police services would have an immediate and adverse effect upon the welfare and safety of persons and property; and (11) No event is scheduled elsewhere in the city where the police resources required for that event are so great that the deployment of police services for the proposed parade or public assembly would have an immediate and adverse effect upon the welfare and safety of persons and property. (b) No permit shall be granted that allows for the erection or placement of any structure, whether permanent or temporary, on a city street, sidewalk, or right-of-way unless advance approval for the erection or placement of the structure is obtained from the director. (c) In reviewing an application, the director shall notify, and may receive recommendations from, the police and fire departments, and from the 911/communications department of the county. An application shall not be approved unless the police and fire departments shall approve the same. (d) The director may require, as a condition of the application, that a pre-event meeting be held between the director, the applicant, and any other interested parties, to address issues raised by the application. (e) For parades, public assemblies, and non-commercial street closing events, the director may require that the applicant notify adjacent residents and businesses that could be affected by the granting of a permit. The director may consider any feedback that is received prior to issuance of the permit or create conditions on the issuance of the permit. (Ord. No. 36904, § 5, 1-25-05; Ord. No. 42250, § 1, 6-16-20)

Omaha Municipal Code § 20-298 Non-discrimination.

Sec. 20-298. - Non-discrimination. The director shall uniformly consider each application upon its merits and shall not discriminate in granting or denying permits under this article based upon political, religious, ethnic, race, disability, sexual orientation or gender related grounds. (Ord. No. 36904, § 5, 1-25-05)

Omaha Municipal Code § 20-299 Notice of denial of application.

Sec. 20-299. - Notice of denial of application. The director shall act promptly upon a timely filed application for a permit for a large parade or a regular recurring public assembly but in no event shall grant or deny such a permit less than 48 hours prior to the event. If the director disapproves the application, he or she shall notify the applicant in writing as soon as possible and state the reasons for denial. (Ord. No. 36904, § 5, 1-25-05)

Omaha Municipal Code § 20-300 Alternative permit.

Sec. 20-300. - Alternative permit. (a) The director, in denying an application for a permit under this article, may authorize the event at a date, time, location, or route different from that named by the applicant. An applicant desiring to accept an alternate permit shall, within five days after notice of the action of the director, file a written notice of acceptance with the director. (b) An alternate permit shall conform to the requirements of, and shall have the effect of, a permit issued under this article. (Ord. No. 36904, § 5, 1-25-05)

Omaha Municipal Code § 20-301 Appeal procedure.

Sec. 20-301. - Appeal procedure. (a) Any applicant shall have the right to appeal the denial of a permit under this article to the city council. The denied applicant shall make the appeal within five days after receipt of the denial by filing a written notice with the city clerk and a copy of the notice with the director. The city council shall act upon the appeal at its next meeting at which the appeal can be placed on the agenda. (b) If an event is proposed to occur before a city council appeal can be heard, then the applicant may request an immediate appeal hearing before the director. After receiving evidence on the matter, the director may sustain or deny the appeal. (c) In the event that an applicant's appeal is denied under this section, the applicant may further contest the decision by filing an error proceeding pursuant to Neb. Rev. Stat. § 14-813. (Ord. No. 36904, § 5, 1-25-05)

Omaha Municipal Code § 20-302 Public notice.

Sec. 20-302. - Public notice. (a) After the city grants a large parade permit, the city shall send by regular mail to the owner of each property adjacent to the parade route a notice stating the date, time, and route of the parade. At least seven days prior to a permitted large parade, the permittee of the large parade shall also hand deliver a copy of the same notice to each occupant of each property adjacent to the parade route. At least five days prior to a permitted large parade, the permittee of the large parade shall provide to the director written verification of compliance with the notification requirements of this section. A permittee's failure to comply with this section may be a ground for revocation of the permit. (b) This section shall not require that any notice be sent or delivered with respect to any property adjacent to a section of the parade route that closes city right-of-way for less than one hour. (Ord. No. 36904, § 5, 1-25-05)

Omaha Municipal Code § 20-303 Contents of permit.

Sec. 20-303. - Contents of permit. Each large parade or public assembly permit shall state the following information, to the extent applicable: (a) Starting and approximate ending time; (b) Minimum speed of parade units; (c) Maximum speed of parade units; (d) Maximum interval of space to be maintained between parade units; (e) The portions of the streets that may be occupied by the parade or public assembly; (f) The maximum length of the parade in blocks or fractions thereof; (g) Locations of all traffic signal or sign posts that will need to be moved; (h) Such other information as the director shall find necessary to the enforcement of this article. (i) The number and locations of barricades and other temporary traffic control devices needed along the event route or perimeter, if such items are deemed necessary by the city for the safety of the public or event participants. (Ord. No. 36904, § 5, 1-25-05)

Omaha Municipal Code § 20-304 Duties of permittee.

Sec. 20-304. - Duties of permittee. (a) A holder of a permit under this article shall comply with all permit directions and conditions and with all applicable laws and ordinances. (b) The person heading the event shall carry the permit upon his/her person during the conduct of the event. (c) The permittee shall be responsible for providing, installing, and removing any necessary barricading. (d) The permittee shall be responsible for any moving and repositioning of traffic signals or sign posts, in such a manner as to return such signals and posts to their condition immediately prior to the event. Such work shall be performed by a qualified contractor. (e) The permittee shall be responsible for cleanup of the event location immediately after the event. (Ord. No. 36904, § 5, 1-25-05)

Omaha Municipal Code § 20-305 Prohibitions.

Sec. 20-305. - Prohibitions. The following prohibitions shall apply to all events requiring a permit under this article: (a) It shall be unlawful for any person to stage, present, or conduct any such event without first having obtained a permit as herein provided; (b) It shall be unlawful for any person to participate in such an event for which the person knows a permit has not been granted; (c) It shall be unlawful for any person in charge of, or responsible for the conduct of, an event duly permitted under this article to knowingly fail to comply with any condition of the permit; (d) It shall be unlawful for any person to engage in any event that would constitute a substantial hazard to the public safety or that would materially interfere with or endanger the public peace or rights of residents to the quiet and peaceful enjoyment of their property; (e) It shall be unlawful for any person participating in such an event to utilize sound amplification equipment at decibel levels that exceed those limits imposed by this Code. (f) It shall be unlawful for any person to ride, drive, or cause to be ridden or driven any animal or any animal-drawn vehicle upon any public street, unless specifically authorized by the permit. (Ord. No. 36904, § 5, 1-25-05)

Omaha Municipal Code § 20-306 Public conduct during parades or public assemblies.

Sec. 20-306. - Public conduct during parades or public assemblies. (a) No person shall unreasonably hamper, obstruct or impede, or interfere with any event permitted under this article or with any person, vehicle or animal participating or used in such an event. (b) No driver of a vehicle shall drive between the vehicles or persons comprising a parade or public assembly when such vehicles or persons are in motion and are conspicuously designated as a parade or public assembly. (c) The director shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a street constituting a part of the route of a parade or public assembly. The director may post signs to that effect, and it shall be unlawful for any persons to park or leave unattended any vehicle in violation thereof. No person shall be liable for parking on a street unposted in violation of this article. (d) Retail businesses adjacent to an area where a special event permit has been issued may sell goods normally sold inside the retail business on the sidewalk immediately in front of their business, subject to leaving (1) five feet of clear, unobstructed sidewalk space for pedestrians; and (2) not interfering with the permittee's use of right-of-way contemplated by the permit. (e) Retail businesses shall not sell or allow others to sell goods in front of their retail business which are not sold in the retail business on a regular basis prior to the event. (Ord. No. 36904, § 5, 1-25-05; Ord. No. 42250, § 2, 6-16-20)

Omaha Municipal Code § 20-307 Revocation of permit.

Sec. 20-307. - Revocation of permit. The director, the chief of police, or the fire chief or their authorized designees shall have the authority to revoke a permit under this article instantly upon violation of the conditions or standards for issuance as set forth in this article or when a public emergency arises where the police or other resources required for that emergency are so great that deployment of city services for the parade or public assembly would have an immediate and adverse effect upon the welfare and safety of persons or property, or other unforeseen conditions exist that may render the event unsafe. (Ord. No. 36904, § 5, 1-25-05)

Omaha Municipal Code § 20-308 Severability.

Sec. 20-308. - Severability. If any section, subsection, sentence, clause or phrase of this article is for any reason held invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article. (Ord. No. 36904, § 5, 1-25-05)

Source: City of Omaha, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/ne/omaha/codes/code_of_ordinances?nodeId=PTIIMUCO_CH20OF_ARTIXPAPRASFetched: 10/28/2026