[9-3-2002; 2016 Code]
In this chapter:
DISRUPT
Means any planned activity, verbal or nonverbal, with the
intent to disturb or interrupt the orderly course of the public assembly,
or any activity, verbal or nonverbal, with knowledge that the natural
consequences of the person's actions would be to disturb or interrupt
the orderly course of the public assembly.
ORGANIZER
Means a person planning to lead or initiate any type of public
assembly, including a march or procession on a public way.
PUBLIC ASSEMBLY
Means a) A company of persons which is reasonably anticipated
to obstruct the normal flow of traffic upon a public way and that
is collected together in one place, or b) any organized march or procession
of persons upon any public way that is reasonably anticipated to obstruct
the normal flow of pedestrian traffic on the public way. A public
assembly does not include any event, gathering, or activity for which
a special events permit is required.
PUBLIC WAY
Means all public property open to the public, including,
sidewalks, alleys, streets, parks, rights of way, and public buildings.
[9-3-2002; 2016 Code]
Any organizer planning to lead or initiate any type of public
assembly, including a march or procession upon a public sidewalk,
shall notify the police chief, at least five business days in advance,
or as soon as practicable if the event is of a spontaneous or urgent
nature, and shall inform him or her of the date, time, location, route
and estimated number of persons participating, so that the city can
make any preparations necessary to provide personnel or other city
services to minimize the obstruction to pedestrian and other traffic
and to otherwise protect the participants and the public.
[9-3-2002; 2016 Code]
Public assemblies shall be allowed unless the police chief informs the organizer giving the notice, within two days or as soon as practicable before the scheduled event, that there would be a direct interference with a previously planned permitted activity, special event or public assembly, or that there is a significant public safety issue, as set forth in section
3-3-4 of this chapter. If the police chief does this, he or she must state the reasons in writing and give an alternative date, time, location or route, as provided for in section
3-3-5 of this chapter. If the organizer desires to appeal such decision, then the appeal shall be governed by the procedures set forth in section
3-3-6 of this chapter, if the notification was received in sufficient time that the appeals process could be completed before the planned date; if not, the decision by the police chief shall be final subject to judicial review as provided by law. Upon request, the police chief shall provide the organizer with a stamped copy of the notice given under this section.
[9-3-2002; 2016 Code]
Any organizer who believes that his or her request for a public
assembly is wrongfully disapproved may appeal to the council by notifying
the city clerk of the intent to appeal. If no appeal is filed within
five business days of the date notice of the police chief's decision
is given, that decision shall be considered final. Upon the filing
of such appeal, the council shall cause a hearing to be held and based
upon the evidence contained in the record of such hearing, either
affirm or reverse the decision of the police chief. Any final decision
of the police chief or the council shall be subject to judicial review
as provided by law. If the council fails to act within two business
days of the conclusion of a hearing held under this section, said
request for public assembly shall be considered approved.
[9-3-2002; 2016 Code]
The council may, from time to time, pass such resolutions to
help clarify the administration or enforcement of this chapter.
[9-3-2002; 2016 Code]
It shall be unlawful for any person, other than a law enforcement
officer acting in the course of his or her official peace keeping
duties, to knowingly disrupt a public assembly.
[9-3-2002; 2016 Code]
A person who violates section
3-3-2 or section
3-3-8 of this chapter shall upon conviction be subject to a class 1 forfeiture. A separate offense exists each calendar day during which a violation of section
3-3-8 of this chapter occurs or continues.