311.04 BLOCK PARTIES.
(a) (1) No person, group of persons or organization shall conduct or participate in any block party upon any street or highway, or block off any street or highway area, without first obtaining a permit from the Mayor.
(2) Applications for such permits shall be made on such forms as may be prescribed and shall contain such information as is reasonably necessary to a fair determination of whether a permit should be issued. Applications shall be filed not less than five days before the time intended for the block party.
(3) The permit may be refused or cancelled if:
A. The time, place, size or conduct of the block party would unreasonably interfere with the public convenience and safe use of the streets and highways.
B. The block party would require the diversion of so great a number of police officers to properly police the area of such party so as to deny normal police protection to the Municipality.
C. The block party would unreasonably interfere with the movement of police vehicles, fire-fighting equipment or ambulance service to other areas of the Municipality.
D. The block party would unreasonably interfere with a parade, procession or assemblage for which a permit has been issued.
E. The information contained in the application is found to be false, misleading or incomplete in any material detail.
F. An emergency such as a fire or storm would prevent the proper conduct of the block party.
(4) The permit or any order accompanying it may limit or prescribe reasonable conditions, including the hours, the location, and the streets, highways or portions thereof which may be used or occupied. The Mayor is hereby authorized to adopt policies and procedures applicable to the issuance of any such permit. Upon the adoption thereof, such policies and procedures shall be maintained in the office of the Mayor, and available for public inspection.
(b) Any persons conducting or participating in a block party pursuant to a permit issued in accordance with the within section, shall abide by the provisions of Part Five (General Offenses
Code) of the Dover Codified Ordinances, and the issuance of any such permit shall not be a defense to a charge of having violated said provisions.
(c) For purposes of the within section, the term, "block party" shall be defined as a neighborhood social gathering of two or more individuals during which the said individuals seek to block off and/or occupy a portion of the public right of way for purposes of conducting such
gathering.
(d) Whoever violates this section is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, the person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, the person is guilty of a misdemeanor of the third degree.
(e) During periods of public health emergencies (including pandemics) declared by the governor or the State of Ohio, or the Ohio Department of Health, a local public health emergency declared by the Tuscarawas County Department of Health under authorities granted under the Ohio Constitution and statutes enacted in conformance thereto, and orders issued pursuant to those constitutional and statutory authorities, those orders are deemed incorporated into any permit issued pursuant to this ordinance. Recommendations issued by these authorities will also be deemed part of the guidance issued under this section but are not directly within the ambit of the permit so issued unless specifically referenced in an attachment to the permit. As noted in subsections above, and when deemed necessary for the health and safety of the citizens of Dover, health and safety limitations may be incorporated into permits under issued under this section of the Dover Codified Ordinances.
(Ord. 44-05. Passed 11-7-05; Ord. 20-21. Passed 5-3-21.)