[9-3-2002; 2016 Code]
In this chapter:
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.
Means a person planning to lead or initiate any type of public
assembly, including a march or procession on a public way.
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.
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]
(A)
The following are significant public safety issues:
(1)
The proposed activity will substantially or unnecessarily interfere
with traffic in the area next to the activity and there are not available
sufficient city resources to mitigate the disruption.
(2)
There are not enough peace officers and traffic control aides
to police and protect lawful participants in the activity and nonparticipants
from traffic related hazards in light of the other demands for police
protection.
(3)
The concentration of persons, animals, vehicles or things at
the assembly and disbanding areas will prevent proper fire and police
protection or ambulance service.
(4)
Such other public safety issues as determined by resolution
of the council.
[9-3-2002; 2016 Code]
(A)
Notice to organizer.
(1)
The police chief, or designee, shall provide notice of the denial
to the organizer within five business days after receipt of the notice
for a public assembly, except that where the purpose of such event
is a spontaneous response to a current event, or where other good
and compelling cause is shown, the police chief, or designee, shall
act within two business days. If the police chief, or designee, fails
to act within five business days after the date upon which the application
was filed, said notice of public assembly shall be considered approved.
(2)
The notice must state the facts and conclusions, which are the
basis for any denial of the public assembly and, if the action taken
is offering an alternate time, date, location or route, then describing
the conflict among application requests. If the police chief, or designee,
denies an application for failure to provide sufficient information
about the proposed route or estimated number of persons participating,
he or she shall specify what additional information must be provided
in a new or amended application.
(3)
Notice may be by facsimile transmission or telephone, but then
must be followed up by regular mail directed to the organizer.
(B)
Alternate date, time, location or route.
(1)
When the police chief denies an application for a public assembly,
he or she shall authorize the conduct of a public assembly on a date,
at a time, at a location, or over a route different from that named
by the organizer. This alternate shall to the extent practicable authorize
a public assembly that will have comparable public visibility and
a similar route, location and date to that of the proposed event.
An organizer desiring to accept an alternate public assembly date,
time or location shall, within five business days after notice of
the action by the police chief, file a written notice of acceptance
with the police chief.
(2)
The police chief may limit the public assembly to the public
way where it is determined that such limited area is capable of accommodating
the number of people anticipated based upon the information submitted
by the applicant and the experience of previous comparable events,
and such limitation shall not be considered a denial.
[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.
