[Adopted as Ch. 20, Art. IV, of the 2010 Code]
It shall be unlawful for any person or group to use any portion
of a public street, roadway or sidewalk, in whole or in part, in the
City for any parade, public entertainment, speech, rally, demonstration
or any combination thereof or for any use which in any way limits
the use of the street, roadway or sidewalk by others without having
obtained a permit therefor, unless such use is a permitted use, as
defined herein, which requires no permit and such permitted use is
conducted following the limitations set for such use.
No permit shall be allowed for any commercial use of any portion
of a street, sidewalk or roadway. However, the Council may by ordinance
designate certain streets, sidewalks or roadways or portions thereof
in which commercial uses may be allowed by permit or lease. Such uses
shall be subject to standards as set forth in the applicable ordinance.
A.
An application for a permit required by this article containing the
information required in this article shall be filed with the Chief
of Police by any group desiring to use any street, sidewalk or roadway.
B.
All applications shall be filed at least 30 days in advance of the
date of the requested use, unless the Chief of Police, in his/her
discretion, shall waive this time requirement. Such discretion shall
be based upon the type of use for which the facilities are requested,
estimated number of people to attend, publicity of the event, and
the nature of the event.
A.
The application form for any permit for the use of any street, sidewalk
or roadway shall contain, in addition to any other information the
Chief of Police shall deem necessary, the following information:
(1)
Name and address of the applicant and the sponsoring organization,
if any, and the names and addresses of the officers and employees
of the sponsoring organization.
(2)
The type of use to be requested, whether it is to be a parade, public
entertainment, speech, rally, demonstration, or any combination thereof.
(3)
The location proposed to be used, unless the site is to be selected
by the Chief of Police.
(4)
The expected size of the using group. Such estimated size shall not
be held to be conclusive of the size of any group.
(5)
The date and time of such use and the method of advertising it, if
any, in detail.
(6)
The names and addresses of the persons to be in charge of such use
at the park site.
(7)
If a parade, public entertainment, speech, rally, demonstration,
or any combination thereof, a list of mechanical equipment to be used,
any motor vehicles to be used, any animals to be used, and a description
of any sound amplification to be used.
(8)
Proposed policing of the group, which shall include the number of
people to direct traffic, set up and clean up and to maintain order
if necessary during the event or use if such policing is necessary.
If the Chief of Police deems it reasonable to require special duty
police, such application shall set forth the number to be employed,
which employment shall be the responsibility of the applicant.
B.
The application shall be accompanied by liability insurance purchased
by the applicant for protection of the public and members of the group,
which policy shall name the City as an insured party and shall indemnify
and save harmless the City in an amount to be determined by the Chief
of Police, or the applicant shall set out the insurance proposed.
C.
The application shall be accompanied by a bond purchased by the applicant
in an amount determined by the Chief of Police to be a reasonable
amount, based upon the use and the expected size of the group, to
insure against damage, or the applicant shall set out the bond proposed.
D.
The Chief of Police may waive any of the above requirements when
not applicable to the proposed use or event and may prescribe different
forms for the applications for different events, as long as they are
generally in conformity with this section.
The Chief of Police shall examine the application for a permit
required by this article and shall grant or deny such permit based
upon the following standards:
A.
Whether or not the date and times of such proposed use will disrupt
the use of the streets by the public to an unreasonable extent at
a date and time when the public uses the streets to a great extent.
B.
Whether or not the estimated size of the group will disrupt the use
of the streets by the public to an unreasonable extent or can be held
because of its size.
C.
Whether or not the proposed street can accommodate the group based
upon its size and the facilities available for health and sanitation.
D.
Whether or not the application demonstrates that the applicant has
the means, funds, planning and coordination to hold such event as
is proposed in view of the proposed time and place, facilities available,
traffic control, parking requirements, and policing and to meet the
requirements of the permit.
E.
Whether or not the application demonstrates that the event is of
such size and nature requiring the diversion of so great a number
of police officers of the City to properly police the event and the
areas contiguous thereto that allowing the event would deny reasonable
protection to the City.
F.
Whether or not the event will interfere with another event for which
a permit has been granted.
G.
Whether or not any information in the application turns out to be
false or nonexistent in any material detail.
H.
Whether or not the proposed event would interfere unreasonably as
to date and time with the inhabitants of the surrounding area.
I.
If the proposed event has been previously held, whether or not the
results thereof have been favorable or unfavorable.
J.
Whether or not the applicant has previously demonstrated inability
to comply with a permit for a previous event.
K.
Whether or not the applicant is a commercial or charitable applicant,
the policy being to prohibit commercial use.
L.
Whether or not the length of time of the proposed event is unreasonable.
M.
Whether or not there is additional information which reasonably leads
the Chief of Police to conclude that the proposed event will not comply
with the laws of the state, the ordinances of the City or the permit
of the City.
A.
The Chief of Police shall have a reasonable time to grant or deny
the permit required by this article. The length of time which is reasonable
shall be determined on the type of use, the information supplied,
the time of filing of the application, the extent of advance preparation
and planning demonstrated and reasonably required, and the manner
in which the application demonstrates whether or not the proposed
use meets the standards and purposes of this article.
B.
The Chief of Police shall grant or deny the permit in writing, and
the grant or denial shall be mailed or delivered to the applicant.
C.
The Chief of Police shall immediately forward, upon the grant or
denial of a permit, a copy of the same to the Council by regular mail
or delivery in person.
D.
If the Chief of Police denies the permit, the Chief shall do so in
writing and shall specify the reasons therefor.
A.
The Chief
of Police shall, if the permit required by this article is granted,
set forth the terms and conditions of such permit, which shall specify
the following:
B.
Nothing
contained or omitted in such permit shall be deemed to have waived
any requirements of this article or any other ordinance of the City
or any state law.
In the event that the permit required by this article is granted
for any proposed use, the applicant shall post proof of insurance
and bond as may be required at the time of receipt of the permit,
and no permit will be issued without such insurance or bond.
Upon receipt of the copy of the grant or denial of a permit
pursuant to this article, the Council may, upon its own motion, determine
that it shall review the action of the Chief of Police, and the Council
may set aside the action of the Chief of Police if a majority of the
Council determines that the action should be set aside, and the Council
may grant or deny the permit. If the Council takes no action within
five days, the Chief of Police's action shall stand approved.
A.
Any party aggrieved by the decision of the Chief of Police to grant
or deny any permit under this article may appeal from the determination
of the Chief of Police within five days thereafter to the Council
by filing a written notice of appeal for a hearing on such permit
application at the next regular meeting of the Council.
B.
Upon such hearing, the Council may reverse, affirm, or modify in
any regard the determination of the Chief of Police, based upon the
standards enumerated herein.
C.
In the event an application is not filed within the required time,
the party appealing may request a waiver thereof by the Council, and
the Council may determine that there are such unusual circumstances
that it may waive the requirement in the Council's discretion.
In the event it is determined after the granting of a permit
under this article that the applicant has misstated in any way any
material fact in the application or that there is a material variance
between the information in the application and the actual facts or
those facts which appear reasonably to occur, the Chief of Police
or Council may review such application, based upon the standards of
this article, and revoke such permit if not in compliance therewith.
Such permit may also be revoked when by reason of disaster, public
calamity, riot, or other emergency it is determined that the safety
of the public requires such revocation.
