The following definitions apply unless inconsistent with the
context:
for the purpose of this subchapter, is any activity for which
a Civic Center Plaza activity permit has been issued or a city-sponsored
event.
the area bounded by the face of curb along First and Second
Avenues, and Washington and Main Streets, as generally depicted on
the map appended to this subchapter as Figure 1.
the area of the Civic Center Block that is city property,
including the area classified as Tax Lot 1N2 31CC 04100 by the county
assessor, as generally depicted on the map appended to this subchapter
as Figure 2.
the public space areas within the area of the Civic Center
Block, as generally depicted on the map appended to this subchapter
as Figure 3.
for the purpose of this subchapter, is activity related to
or connected with trade, commerce or fundraising involving the receipt
of money or property, but not including solicitation for personal
needs in a manner where such expression is protected by the state
or federal constitutions, such as but not limited to advertising,
displaying, distributing, selling, taking orders or offering to sell
or take orders for goods or services; providing a place for customers
to sit; fundraising activities; activities, events, and performances
for which admission is charged; and activities related to construction
or demolition on abutting private premises.
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The purpose of this subchapter is to establish policies to regulate
uses and activities in and near the Civic Center Complex. These policies
are needed to allow a functional gathering place for the community
in the downtown part of the city, regulate conflicting uses within
that gathering place and protect access to and efficient operations
within City Hall. Any regulation of speech by this subchapter is intended
to advance these policies with the least restrictive means and in
ways that allow alternative forms of communication.
A.
The
provisions of this subchapter apply only to the Civic Center Block
or to those portions specified and not to other areas of the city.
B.
If any
other provision of this code creates a more restrictive standard of
conduct, the more restrictive standard applies.
C.
This
subchapter is consistent with state criminal law and defenses available
in prosecution under state criminal law that apply to enforcement
actions under this subchapter.
D.
This
subchapter is consistent with the provisions of the state and federal
constitutions.
A.
Except
when approved as part of an authorized activity, the following acts
are prohibited within the Civic Center Block:
1.
Interfering
with an authorized activity;
2.
Impeding
access to the Civic Center Complex or to any building adjacent to
the Civic Center Complex. This prohibition does not apply to any activity
protected by the state or federal constitutions;
3.
Placing
a newspaper or other written material dispenser:
a.
Within 10 feet of a street corner;
b.
Within one foot of a street curb;
c.
Within one foot of, or connected or affixed by any means to, a public
fixture;
d.
Between any window abutting the sidewalk and the central traveled
portion of the adjacent sidewalk, except with the permission of the
owner or person in charge of the building housing said window; or
e.
Within the central traveled portion of a sidewalk or in any other
location likely to impede pedestrian traffic;
4.
Allowing
an animal to be at large or leaving it unattended, except when contained
within a motor vehicle, a privately owned carrier or other container;
5.
Entering
into or lying or sitting in a landscaped planting area or acting in
a manner harmful to plant life;
6.
Picking
or cutting flowers or other vegetation from landscaped planting areas;
7.
Blocking
or interfering with, or attempting to block or interfere with, a person
along a public pedestrian area by any means, including, but not limited
to, standing, sitting, kneeling or creating a trip hazard on that
part of the public pedestrian area used for pedestrian travel or placing
an object or vehicle in that area, with intent to interfere with free
passage. This prohibition does not apply to an activity otherwise
made lawful including, but not limited to, lawful protesting activity
and lawful picketing activity;
8.
Blocking
or interfering with, or attempting to block or interfere with, pedestrian
or vehicular entrances to public or private property abutting a public
pedestrian area with the intent to interfere with free ingress to
or egress from that property. This prohibition does not apply to an
activity otherwise made lawful including, but not limited to, lawful
protesting activity and lawful picketing activity;
9.
Entering
in or upon and using an area that has been reserved for an authorized
activity for a purpose other than in accordance with the authorized
activity;
10.
Engaging in conduct that imminently threatens to cause or causes
a speaker or performer to cease speaking or performing or threatens
to cause or causes an audience to be unable to hear the speaker or
performer;
11.
Except when participating in an authorized activity, engaging in
conduct within 20 feet of an authorized activity that prevents participants
in the activity with normal sensitivities from carrying on a normal
conversation; and
12.
Applying graffiti to any surface without authorization by the owner
or person in charge of the property.
B.
In addition
to the acts prohibited under HMC 9.40.040(A), the following acts are
prohibited in the Civic Center Complex unless approved as part of
an authorized activity:
1.
Engaging
in a commercial pursuit, soliciting for a charitable contribution,
or conducting, presenting, or participating in musical, theatrical,
cinematic, choreographic or athletic performances whether or not admission
is charged, and no specific area of public property is reserved for
its use. This provision does not apply to the lawful receipt or delivery
of goods or services or the provision of utility services to public
or private entities or persons that occupy buildings abutting the
Civic Center Complex;
2.
Occupying
or being present between 12 a.m. and 6 a.m., unless authorized to
be in the Civic Center Plaza by the manager or traveling to or from
a place of employment or a public meeting at City Hall;
3.
Placing
a display or posting written material anywhere within, the violation
of which will result in the removal of the written material. This
provision does not apply to the distribution of leaflets or handbills,
the display of hand-carried signs or the display of signs authorized
by a rule adopted by the council or manager;
4.
Using
sound amplification or producing equipment other than personal listening
devices audible only to the person using the device;
5.
Except
for a peace officer, carrying concealed upon the person an electrical
stun gun, blow gun, pepper spray, tear gas, knife having a blade that
projects or swings into position by force of a spring or centrifugal
force, knife sharpened on both edges, dirk, dagger, ice pick, sling
shot, metal knuckles, nunchaku, shirika, butterfly knife, blackjack,
billy club, sap, sap gloves, straight razor, bolo knife, bayonet,
or a similar instrument by the use of which injury could be inflicted
upon the person or property of a person;
6.
Except
for a peace officer or member of the Army, Navy or Marine Corps of
the United States, or the National Guard, while on duty, carrying
a firearm concealed upon the person without having a license to carry
the firearm as provided in state law;
7.
Except
for a peace officer in the line of duty, discharging a firearm;
8.
Unless
authorized by the liquor commission and with a liquor license issued
by the city, selling, drinking or consuming alcoholic liquor or possessing
alcoholic liquor in a container that has been opened, has a broken
seal or the contents of which have been partially removed;
9.
Smoking
or carrying a lighted cigar, cigarette, pipe or other smoking equipment,
except in areas designated by the manager;
11.
Erecting, installing, leaving or setting up a temporary or permanent
fixture, structure or enclosure within, including but not limited
to, canopies, tents, tables or chairs;
12.
The placing of solid waste. This prohibition does not apply to the
proper disposal of solid waste resulting from the normal use of the
Civic Center Plaza;
13.
Operating a motor vehicle, except if owned or used by the city;
14.
Riding a bicycle, except by a peace officer;
15.
Locking or chaining a bicycle to any object other than a bike rack;
16.
Riding or operating a skateboard, scooter, roller blades, or roller
skates;
17.
Climbing a tree;
18.
Climbing upon an object in such a manner as to create a danger of
personal injury or property damage;
19.
Depositing anything into an ornamental or water fountain or altering
the flow of water in such a fountain in a way that injures or endangers
the welfare, health or safety of others;
20.
Allowing an animal to enter an ornamental fountain;
21.
Failure to immediately remove fecal matter after allowing a dog or
other animal to defecate;
22.
Engaging in cooking activities or building a fire;
23.
Possessing a hazardous substance or destructive device that may cause
personal injury or property damage including, but not limited to,
fireworks;
24.
Possessing implements capable of scarring or leaving a visible mark,
including an aerosol paint container, wide tipped permanent marker,
gum label or decal, paint stick, etching equipment or brush; and
25.
Engaging in any other activity that creates a danger of personal
injury or property damage.
A.
Notwithstanding
HMC 9.40.060, the manager may affect closure of all or part of the
Civic Center Plaza in those circumstances set forth under HMC 9.40.050(D)
by erecting barricades prohibiting access.
B.
If feasible,
notices of closure of all or part of the Civic Center Plaza will be
posted at appropriate locations during the closure.
C.
Failure
to post notices under HMC 9.40.050(B) does not invalidate such closure
nor is it a defense to a charge of violating the code.
D.
A closure
under HMC 9.40.050(A) will be based upon one or more of the following
criteria or conditions existing in or near the Civic Center Plaza:
1.
Life
or property appears to be endangered and other means cannot reasonably
be utilized to eliminate the danger;
2.
An
overcrowding of persons or vehicles has occurred so that necessary
access to emergency assistance or emergency vehicles is unavailable;
3.
Loud
and unreasonable noise, fighting, violent, tumultuous or threatening
behavior, or a violation of a criminal statute or city ordinance is
occurring and is caused by sufficient numbers of persons so that other
means cannot reasonably be utilized to eliminate the condition; or
4.
A
hazardous condition exists such that the safety of persons or property
cannot reasonably be assured.
E.
During
a closure under HMC 9.40.050(A), it is unlawful to enter or remain
in that portion of the Civic Center Plaza that has been closed, after
having been notified of the closure.
A.
It is
unlawful to conduct or participate in an activity in the Civic Center
Plaza for which a CCPAP is required unless the manager has previously
issued a CCPAP for the activity and the permittee is able to immediately
produce a CCPAP upon the request of an authorized person or said activity
is programmed or sponsored by the city.
B.
A CCPAP
is required for:
1.
An
activity intended, or reasonably likely, to involve 50 or more persons
at any one time as participants and spectators;
2.
An
activity that includes the placement of a temporary or permanent object,
including but not limited to, any table, bench, stage, fence, tent
or other facility, unless placed in an area of the Civic Center Plaza
designated by the manager for such use without a CCPAP;
3.
An
activity that requires, or is reasonably likely to require, city services
additional to those already provided to the public in the Civic Center
Plaza as a matter of course, including but not limited to, increased
police or fire protection, the turning on or off of water, provision
of utilities, placing, removing, opening or closing bollards, gates
or fences, or the special preparation of other facilities;
4.
An
activity for which the organizers will seek to exclude, or to have
the right to exclude, any member of the public therefrom or from any
portion of the Civic Center Plaza; or
5.
An
activity that will include conduct that is otherwise prohibited in
the Civic Center Plaza.
C.
All
CCPAP and the persons involved in conducting the authorized events
are subject to city ordinances and the rules of the manager.
D.
A CCPAP
permittee must obtain all other applicable permits or licenses for
an activity which requires them, such as a special event permit or
a street closure permit.
E.
A CCPAP
permittee is liable to a person who suffers any loss, damage, or injury
because of the negligence or breach of city rules or ordinances by
an authorized event or persons involved in conducting the authorized
event, and shall indemnify and hold harmless the city and its agents
from any and all claims and actions, including all attorney's fees
and costs, that arise.
F.
A CCPAP
will be personal to the CCPAP permittee and will be void if transferred
or assigned in any manner unless approved in writing by the manager.
A.
Application
for CCPAP must be submitted to the city and include any permit fee
as set by council resolution.
B.
The
manager will adopt rules establishing policies and procedures relative
to the application for and issuance of CCPAP.
C.
Each
application for a CCPAP must state the:
D.
The
manager will issue the requested permit if a complete CCPAP application
complying with all adopted policies and procedures is filed and all
of the following conditions are met:
1.
The
proposed activity is consistent with the size of the Civic Center
Plaza and its use for traveling to and from City Hall and other buildings
abutting the Civic Center Plaza;
2.
The
proposed activity will not have an unreasonably adverse impact, from
noise, solid waste or traffic, on the Civic Center Plaza or the surrounding
uses;
3.
The
proposed activity does not pose an unreasonable risk to public health
or safety or to the physical integrity of the Civic Center Plaza;
4.
The
applicant pays all required fees, posts any required insurance or
bond and agrees to comply with all conditions of the permit;
5.
The
proposed activity is otherwise lawful;
6.
The
proposed activity does not conflict with another activity already
scheduled for the Civic Center Plaza or for which a different CCPAP
has been applied for or issued; and
7.
The
applicant, or any person affiliated with the applicant and with the
activity, has complied with the conditions of any previous CCPAP.
E.
If the
requested use in a CCPAP application does not meet the criteria of
HMC 9.40.070(B) through (D), the manager may deny the application,
impose restrictions or conditions upon the CCPAP or issue a CCPAP
for a different date, time or Civic Center Plaza area so as to meet
such criteria.
F.
The
manager will make a written determination on a complete CCPAP application
as quickly as possible and, at the latest, within 14 days after it
is filed and arrange for the immediate delivery of the determination
to the applicant.
G.
Appeal.
1.
A
person whose CCPAP application is denied or who is issued an undesired
permit may appeal the matter to the council by filing a written notice
of appeal with the city within five days after the mailing of the
denial or permit with objectionable conditions.
2.
Within
two days of the filing of an appeal on a CCPAP, the manager may modify
or reverse the permit decision.
3.
If
the manager changes the CCPAP decision, the applicant may appeal the
changed decision to the council by filing a notice of appeal with
the city within five days after issuance of the modified permit decision.
If the manager does not change an appealed decision, the appeal to
the council continues.
H.
No consideration
of CCPAP applications may be given to the content of any constitutionally
protected expression and no condition may be imposed that would violate
rights protected by the Constitution of the United States or the state.
I.
If any
portion or provision of this subchapter is held by a court of competent
jurisdiction to be invalid, such portion or provision shall, so far
as possible, be held severable, and shall not affect the remainder,
which shall continue in full force and effect.
No person may willfully disrupt or obstruct the work or conducting
of the business of a public body during a meeting of that public body.
