(a) For purposes of this section the following definitions apply:
The term "organization" shall include any voluntary association entered into for the purpose of organizing a public assembly.
"Public Assembly Organizer" means the person who is designated on the notice sent to the commissioner as the responsible planner or on-site manager for the public assembly. A "Public Assembly Organizer" shall include a person who, even absent a formal designation, acts as the responsible planner or on-site manager for the public assembly.
"Public Assembly" means a company of persons collected together in one place on the sidewalk, or any organized march or procession of persons upon the sidewalk, which is reasonably anticipated to interfere with or impede the flow of pedestrian traffic, but will not: (i) obstruct the normal flow of vehicular traffic, or (ii) require a street closing or otherwise require police officers to stop or reroute vehicular traffic because the persons will not or cannot comply with normal and usual traffic regulations or controls.
The terms "Business Day", "Commissioner" and "Person" have the same meaning ascribed to those terms in Section 10-8-330.
(b) (1) Any person or organization planning to lead or initiate any type of public assembly, including a march or procession upon a public sidewalk, shall notify the commissioner, in a form prescribed by the commissioner, 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 the commissioner 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.
(2) Such public assemblies shall be allowed unless the commissioner notifies, in writing by mail, fax or e-mail the person or organization giving the notice, within two business days after receipt of notice of the public assembly, or as soon as practicable before the scheduled event, that there would be a direct interference with a previously planned permitted activity or public assembly, or that there is a significant public safety issue, limited to those set forth for parades in Section 10-8-330 (g)(1) – (4). If the commissioner issues such a notice, the commissioner must state the reasons in writing and give an alternate date, time, location or route. This alternate, to the extent practicable, shall authorize a public assembly that will have comparable public visibility, and a similar route, location and date to that of the proposed public assembly. An applicant desiring to accept the alternate public assembly shall, within five business days after notice of the action by the commissioner, file a written notice of acceptance with the commissioner.
(c) Any public assembly organizer who wishes to appeal the commissioner's decision regarding an alternate date, time, location or route may appeal by notifying the department of administrative hearings of the person's intent to appeal, as follows:
(1) If the notification was received in sufficient time that the appeals process could be completed before the planned date of the public assembly, the person shall file an appeal with the department of administrative hearings within five business days of the date of notice of the commissioner's decision. If no appeal is filed within five business days of the date notice of the commissioner's decision is given, that decision shall be deemed final.
Upon the filing of such appeal, the department of administrative hearings shall cause a hearing to be held within five business days and based upon the evidence contained in the record of such hearing, either affirm or reverse the decision of the commissioner.
Any final decision of the department of administrative hearings shall be subject to judicial review in accordance with applicable law.
In the event that the department of administrative hearings fails to act within two business days of the conclusion of a hearing held under this section, the public assembly shall be allowed as to date, time, location and route as set forth in the notice filed with the commissioner.
(2) If there is not sufficient time to file the appeal in accordance with the procedure set forth in this subsection, the decision by the commissioner shall be deemed a final decision subject to judicial review in accordance with applicable law. Upon request, the commissioner will provide the public assembly organizer or person required to give notice of the public assembly a copy of the commissioner's written notice issued pursuant to subsection (b)(2).
(d) In order to protect the health and safety of the public, if at any time during the occurrence of the public assembly, the public assembly is substantially interfering with pedestrian traffic, safe ingress to or egress from buildings, or access by emergency responders, in the area contiguous to the activity, members of the police department are authorized to establish a pedestrian pathway on the sidewalk for the purpose of pedestrian traffic, ingress to or egress from surrounding buildings, and access for emergency responders; provided that the pedestrian pathway shall be reasonable in size and allow use of the remaining sidewalk by the participants in the public assembly. After that portion of the sidewalk has been established as a pedestrian pathway and communicated to the participants, the participants shall not obstruct pedestrian traffic, ingress to or egress from the surrounding buildings, or access by emergency responders, in the pedestrian pathway.
(e) In order to minimize the interference with vehicular traffic and to otherwise protect the participants and the public, in those cases where the attendance at the public assembly exceeds the anticipated levels and causes the public assembly to interfere with vehicular traffic or requires a street closing or otherwise requires authorized city employees to stop or reroute vehicular traffic because the public assembly will not be able to comply with usual traffic regulations or controls, members of the police department are authorized to make reasonable accommodations to increase the portion of the public way available to the public assembly. After that portion of the public way available to the participants is identified and communicated to the participants, the participants shall not use any other portion of the public way outside the boundaries identified by the police.
Nothing in this subsection shall be deemed as waiving the requirement for a parade permit pursuant to Section 10-8-330, if required.
(f) The commissioner is authorized to promulgate rules and regulations to implement this section.
(g) It shall be unlawful for any person to knowingly interfere with any person or organization lawfully conducting a public assembly.
(h) Any person violating any provision of this section, or any regulations promulgated hereunder, shall be fined not less than $200.00 nor more than $1,000.00, or may be subject to incarceration for up to 10 days, or both.
(Added Coun. J. 1-18-12, p. 19230, § 5)