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thereto, that allowing the parade would deny reasonable police protection to the rest • <br />of the city; <br />(3) The parade will interfere, with regard to the proposed route, police supervision or <br />other material factors, with another parade for which a permit has been issued; or <br />(4) The information contained in the application is found to be false or incorrect in any <br />material aspect. <br />SECTION 3. Section 82.239 of the San Marcos City Code is amended to read as follows: <br />Sec. 82.239. Appeal from denial. <br />Upon a denial by the chief of police of an application for a parade permit, the applicant <br />may appeal from the denial within five days thereafter by filing with the ty seeretafy a <br />written notice of appeal €ef requesting a hearing by the city eouneil manager. Upon <br />appeal, the city eeuneil manager may reverse, affirm, or modify in any regard the <br />determination of the chief of police. The city manager's decision shall be made within <br />five days from the date the notice of appeal is filed in the city manager's office <br />SECTION 4. If any word, phrase, clause, sentence, or paragraph of this ordinance is • <br />held to be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of <br />this ordinance will continue in force if they can be given effect without the invalid portion. <br />SECTION 5. All ordinances and resolution or parts of ordinances or resolutions in <br />conflict with this ordinance are repealed. <br />SECTION 6. The importance of this Ordinance creates an emergency and an imperative <br />public necessity, and the provisions of the Charter requiring that ordinances be presented at two <br />separate meetings be waived. <br />PASSED, APPROVED AND ADOPTED ON May 11 , 2009 <br />Susan Narvaiz <br />Mayor <br />ATTEST: <br />9 <br />Sherry Mas burn <br />City Clerk