(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
MAINSTRASSE FESTIVAL GROUNDS. Includes all public sidewalks, streets and parks and portions thereof within the area described as beginning at the northwest corner of the considered “MainStrasse Festival Grounds” at the pedestrian overpass which crosses over the off-ramp from I-71/I-75, leading from Goebel Park toward the Quality Inn, the boundary runs east along the south side of West Fifth Street, to a point at the eastern most side of the sidewalk on the east side of Main Street; thence south to the northeast corner of the sidewalk of the intersection of West Sixth Street and Main Street, proceeding east along the northern most side of the sidewalk on the north side of West Sixth Street to a point at the intersection of West Sixth Street with the railroad overpass; thence south along the western edge of the property of the railroad overpass to a point at the southern most side of the sidewalk on the south side of West Sixth Street; thence west along the sidewalk on the south side of West Sixth Street to a point at the southeast corner of the sidewalk at the intersection of West Sixth Street and Main Street; thence south along the sidewalk on the east side of Main Street to a point at the southeast corner of the sidewalk at the intersection of West Seventh Street and Main Street; thence west along the sidewalk on the south side of West Seventh Street to a point at the southeast corner of the sidewalk at the intersection of West Seventh Street and Bakewell Street; thence south along the sidewalk on the east side of Bakewell Street for a distance of 30 feet; thence west across Bakewell Street to a point 30 feet south of the southwest corner of the sidewalk at the intersection of West Seventh Street and Bakewell Street at the westernmost side of the sidewalk on the west side of Bakewell Street; thence north along the westernmost side of the sidewalk on the west side of Bakewell Street to a point at the southwest corner of the sidewalk at the intersection of Bakewell Street and West Sixth Street; thence west along the southernmost side of the sidewalk on the south side of West Sixth Street to a point at the southeast corner of the sidewalk at the intersection of West Sixth Street and Philadelphia Street; thence south along the easternmost side of the sidewalk on the east side of Philadelphia Street to a point at the northeast corner of the sidewalk at the intersection of Philadelphia Street and West Seventh Street; thence west across Philadelphia Street to a point at the northwest corner of the sidewalk at the intersection of West Seventh Street and Philadelphia Street; thence north along the westernmost side of the sidewalk on the west side of Philadelphia Street to a point at the intersection of the southernmost boundary of the Visitor’s Center parking lot and Philadelphia Street; thence west along the southernmost boundary of the Visitor’s Center parking lot to a point at the southwest corner of the Visitor’s Center parking lot; thence north along the westernmost boundary of the Visitor’s Center parking lot, following the ridge that separates the higher elevation of Goebel Park from the retention basin below and returns to the point of beginning at the northwest corner of the considered MAINSTRASSE FESTIVAL GROUNDS at the pedestrian overpass which crosses over the off-ramp from I-71/I-75, leading from Goebel Park toward Quality Inn.
OPERATING AGENCY. For the MainStrasse Festival Grounds area, shall be the city.
SELLING, DISTRIBUTING or GIVING AWAY. On the MainStrasse Festival Grounds area, shall include transactions where any part of the transaction occurs on the MainStrasse Festival Grounds.
(B) General provisions.
(1) No person, group of persons or other entity shall be permitted to use the public areas of the MainStrasse Festival Grounds 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 MainStrasse Festival Grounds 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 MainStrasse Festival Grounds area.
(b) Any person issued a permit to use the MainStrasse Festival Grounds 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:
(a) 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; and
(b) The operating agency may establish minimum prices for the sale of certain products on the MainStrasse Festival Grounds and no person shall sell said products below said price while the permit is in effect.
(C) Prohibitions. The following prohibitions are hereby adopted and incorporated in any special use permit issued hereafter for the MainStrasse Festival Grounds.
(1) No person shall make use of MainStrasse Festival Grounds 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) Any section or part of any of the MainStrasse Festival Grounds area may be declared closed to the public at any time and for certain uses, as the city shall find necessary, and no person shall enter said section or part of the MainStrasse Festival Grounds area that has been posted “Closed To The Public”.
(3) All persons who have a valid permit for the use of the MainStrasse Festival Grounds property shall have prior right for such use; except that, persons participating in activities sponsored by the city shall have first option for use. Priority shall be given to persons who have had at least three years of prior event permits for the MainStrasse Festival Grounds.
(4) No person shall sell or expose or offer anything for sale on the MainStrasse Festival Grounds area, except the appropriate operating agency’s duly authorized concessionaire or concessionaires of any person, group of persons or organization using the MainStrasse Festival Grounds 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. Nothing herein shall prohibit the conducting of business on the sidewalk if the establishment has a valid permit authorized pursuant to § 96.075 of this code of ordinances.
(5) Except by written permission of the appropriate operating agency, no person shall lead, ride or otherwise cause or permit any horse, pony, mule, burro, dog or any other animal or reptile to enter onto MainStrasse Festival Grounds 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. Nothing herein shall prohibit a blind or otherwise disabled person from walking a guide dog onto the MainStrasse Festival Grounds.
(6) 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 the MainStrasse Festival Grounds area property, except under the supervision of any employee of the city or its agents or with the written permission of the operating agency.
(7) No person, other than the city, shall move or alter the arrangement of any chain, cable, post or barrier of any kind when placed on MainStrasse Festival Grounds area property for the purpose of regulating the use of such property.
(8) 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 MainStrasse Festival Grounds areas; 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 MainStrasse Festival Grounds area equipment, building or structure on the MainStrasse Festival Grounds area.
(9) No person shall sell, use or possess glass or metal beverage containers containing beer, wine or intoxicating liquor in the MainStrasse Festival Grounds area.
(1984 Code, § 132.112) (Ord. O-15-98, passed 5-13-1998; Ord. O-41-98, passed 8-18-1998; Ord. O-24-02, passed 5-21-2002; Ord. O-14-08, passed 5-27-2008) Penalty, see § 132.99