(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
OPERATING AGENCY. For the river front area, shall be the city.
RIVER FRONT AREA. Includes the public areas commonly known as the area north of Fourth Street to the Ohio River, bounded on the east by the Licking River and on the west by Johnson Street. Public areas shall include the public streets, public sidewalks, public walkways, public parks, public parking lots, public parking areas, the publicly-owned river banks, and the publicly-owned flood walls and flood wall levees and flood wall rights-of-way.
SPACE USE. Includes, but is not limited to, public meetings, music concerts, parades, fireworks displays and races.
(B) General provisions.
(1) No person, group of persons or other entity shall be permitted to use the public areas of the river front area for a special use, except in accordance with the terms of the permit issued by the city.
(2) All permits shall contain the following minimum requirements.
(a) Groups, organizations or associations applying for a permit shall pay in advance the estimated reasonable costs of cleaning the river front area after the use and shall agree, in writing, to be responsible for repairing damage to the area, its appurtenances, facilities and landscaping which, in any way, arises out of the proposed use of the river front area.
(b) Any person issued a permit to use the river front area under the authorization of this section shall keep the permit on his or her person during such activity and show it upon request.
(3) The following may be a requirement of permits granted: the posting of bond or insurance policy and the hiring of off-duty city police officers or other peace officers to protect the public and the city from any loss, injuries or damage that may arise from such use.
(C) Prohibitions. The following rules and regulations are hereby adopted.
(1) No person shall make use of river front area property at any time for activities which are specifically prohibited by posted signs or when such use is likely to cause bodily harm to himself, herself or others or cause damage to property.
(2) No person may climb onto any building, fence or any other structure located on river front area property.
(3) Any section or part of any of the river front area may be declared closed to the public at any time and for certain uses, as the city shall find necessary.
(4) All persons who have a valid permit for the use of the river front area property shall have prior right for such use; except that, persons participating in activities sponsored by the city shall have first option for use.
(5) No person shall sell or expose or offer anything for sale on the river front area, except the appropriate operating agency’s duly authorized concessionaire or concessionaires of any person, group of persons or organization using the river front area pursuant to a valid permit issued by the city, and then only during the hours designated in such permit and when such concessionaire has all the required permits to engage in such sales.
(6) Except by written permission of the appropriate operating agency, no person shall lead, ride or otherwise cause or permit any horse, pony, mule, burro or any other animal or reptile to enter onto river front area property; except that, persons may ride or lead any such animal on paths or trails set aside by the city or its agents for such purposes.
(7) No person shall discharge firearms, slings, bows or any other device by which persons, animals or birds may be injured or frightened, or throw stones or other missiles within river front area property, except under the supervision of any employee of the city or its agents or with the written permission of the operating agency.
(8) No person may have in his or her possession or consume any kind of beer, wine or intoxicating liquor on or within river front area property; except that, persons may make use of any beverage sold on the river front area by an employee of the city or its agents or by any other properly authorized concessionaire and in only the specified areas designated by the issued permit.
(9) No person shall move or alter the arrangement of any chain, cable, post or barrier of any kind when placed on river front area property for the purpose of regulating the use of such property.
(10) No person, except with the written permission of the appropriate operating agency, shall take, carry away, remove, dig, cut, disturb, molest, destroy, mar or damage any solid or mineral substance or any form of vegetation, whether living or dead, on the river front area. Nor shall any person, except with the written permission of the appropriate operating agency, take, carry away, remove, disassemble, destroy, mar, deface, mark or damage or attach anything to any river front area equipment, building or structure on the river front area.
(11) No person shall possess a glass beverage container, nor possess or consume any kind of beer, wine or intoxicating liquor, in the river front area between the hours of 2:00 p.m. on the day of the Riverfest fireworks display and 2:00 a.m. on the morning following the Riverfest fireworks display, or from the hours of 12:00 noon until 11:59 p.m. on the days of the Tall Stacks event.
(12) No person shall operate a motor vehicle in the river front area between the hours of 5:00 p.m. and 10:30 p.m. on the day of the Riverfest fireworks display. No person shall operate a motor vehicle after 10:30 p.m. in the river front area on any street closed to vehicular traffic by the Police Chief or his or her designee. No person shall operate a motor vehicle in the river front area on any streets closed to vehicular traffic by the Police Chief or his or her designee during the Tall Stacks event.
(13) No person shall moor a boat or other floating facility on the Ohio River in the river front area on the day of the Riverfest fireworks display or on any of the five days preceding the event, except for boats used to provide public safety and emergency services as approved by the city. No person shall moor a boat or other floating facility on the Ohio River in the river front area during the days of the Tall Stacks event or on any of the five days preceding the event, except for boats used to provide public safety and emergency services and boats moored as part of exhibits as approved by the city.
(1984 Code, § 132.111) (Ord. O-34-84, passed 7-3-1984; Ord. O-48-86, passed 8-19-1986; Ord. O-51-91, passed 8-28-1991; Ord. O-36-92, passed 10-6-1992; Ord. O-50-95, passed 8-22-1995; Ord. O-24-02, passed 5-21-2002) Penalty, see § 132.99