The following words and phrases, when used in this chapter shall, for the purpose of this chapter, have the meanings respectively ascribed to them in this section:
BUSINESS DAY: Those days in which municipal offices are open for conducting city business. "Business day" does not include Saturday, Sunday or the holidays listed in section 1-3-1 of this code.
CITY MANAGER: The city manager or the city manager's designee.
ON DUTY: Any city employee, including a police officer, who is scheduled to work on a specific day or shift as part of the employee's normal working hours. A city employee is not "on duty" if the employee was not normally scheduled to work on that specific day or shift as part of the employee's normal working hours, but was called in or scheduled to work on that specific day or shift due to the demand for additional city personnel or resources.
ORGANIZATION: Includes any voluntary association entered into for the purpose of organizing a parade, public assembly or special event.
PARADE: Any march, procession or other similar activity consisting of persons, animals, vehicles or things, or any combination thereof, upon any public street, sidewalk, alley or other public place, which requires a street closing or otherwise requires authorized city employees to stop or reroute vehicular traffic because the parade will not or cannot comply with normal and usual traffic regulations or controls.
PARADE ORGANIZER: The person listed on the permit application who is designated as the responsible planner and on site manager for the parade.
PARADE UNIT OR UNIT: One vehicle, one float or one marching group.
PERSON: Has the same meaning ascribed to that term in section 1-3-1 of this code.
PUBLIC ASSEMBLY: 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: a) obstruct the normal flow of vehicular traffic; or b) 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.
PUBLIC ASSEMBLY ORGANIZER: The person who is designated on the notice sent to the city manager as the responsible planner or on site manager for the public assembly. "Public assembly organizer" includes a person who, even absent a formal designation, acts as the responsible planner or on site manager for the public assembly.
SPECIAL EVENT: A planned temporary aggregation of attractions, including public entertainment, food and beverage service facilities, sales of souvenirs or other merchandise, or similar attractions that is: a) conducted on the public way; or b) conducted primarily outdoors on property open to the public other than the public way, and:
A. Includes activities that require the issuance of a city temporary food establishment license or a special event liquor license; or
B. Requires special city services, including, but not limited to, any of the following: street closures; provisions of barricades, garbage cans, stages or special no parking signs; special electrical services; or special police protection.
SPONSOR OF THE EVENT: The entity who is conducting the special event or in whose name or for whose support the proposed special event will be presented. (Ord. 35-14, 5-19-2014)
A. Any person or organization planning to lead or initiate any type of public assembly, including a march or procession, upon a public sidewalk, is encouraged to notify the city manager, on a form prescribed by the city manager, at least five (5) business days in advance, or as soon as practicable if the event is of a spontaneous or urgent nature, and is encouraged to inform the city manager 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.
B. Such public assemblies are allowed unless the city manager notifies, in writing by personal delivery, regular mail, fax or e-mail the person or organization giving the notice, within two (2) 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. If the city manager issues such a notice, the city manager must state the reasons in writing and give an alternate date, time, location or route. This alternate, to the extent practicable, authorizes 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 must, within five (5) business days after notice of the action by the city manager, file a written notice of acceptance with the city manager.
C. The decision by the city manager is deemed a final decision subject to judicial review in accordance with applicable law.
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 is reasonable in size and allows 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.
F. Nothing in this subsection shall be deemed as waiving the requirement for a parade or special event permit pursuant to section 10-4-3 of this chapter, if required.
G. It is unlawful for any person to knowingly interfere with any person or organization lawfully conducting a public assembly. (Ord. 35-14, 5-19-2014)
A. Permit Required: Before any group collects or gathers together upon city property or the public right of way for parades or special events, the group must first obtain a permit from the city manager, and must state the time, manner and location of such parade or special event. The city manager will consider an application for a parade or special event which is filed less than sixty (60) business days before the proposed event, where the purpose of such event is a spontaneous response to a current event, or where other good and compelling causes are shown.
B. Permit Fee: A permit fee and refundable deposit will be collected.
C. Permit Application:
1. Filing Of Application: An application for a permit containing the information required herein must be filed with the city manager by any group desiring to use any city property or public rights of way as provided in this section. Applications must be made on forms prepared by the city manager, and must contain the information required herein. The city manager will have a reasonable time to grant or deny the permit. The length of time that is reasonable is determined by the location and size of the parade or special event, the information supplied, the time of filing of the application, and the extent of advance preparation or planning demonstrated and reasonably required.
2. Grant Or Denial Of Permit: The city manager must grant or deny the permit, in writing, according to the standards set forth in subsection E of this section and must provide the written decision to the applicant by regular mail or by personal delivery.
D. Application Form; Information Required:
1. Contents Of Application: The application form for the use of any city property or public right of way must contain the following information:
a. Name and address of the applicant and the sponsoring organization, if any.
b. A description of the event that is planned.
c. Proposed location or locations.
d. Expected size of group.
e. Date, time and expected length of the use.
f. Names and addresses of the person or persons to be in charge of the proposed use at the specified location.
g. Names and addresses of any persons to be featured as entertainers or speakers.
h. List of mechanical or electronic equipment to be used.
i. Number and type of any motor vehicles or other forms of transportation to be used, including bicycles.
j. Number and type of any animals to be used.
k. A description of any sound amplification to be used.
l. Proposed monitoring of the group, including the number of people who will set up and clean up.
m. Plan for compliance with the Americans with disabilities act and Americans with disabilities act accessibility guidelines (ADAAG).
n. Other information as the city manager believes necessary to ensure public access and safety.
2. Hold Harmless Agreement: The application must include an agreement pursuant to which the applicant agrees to indemnify, defend and hold harmless the city and its agents, officers and employees, from any and all claims, lawsuits, damages, losses and expenses, of whatever nature, which may result from or arise from the parade or special event covered by the permit, irrespective of whether said claims are frivolous or meritorious.
E. Standards For Issuance: The city manager must examine the application, and must grant or deny said permit based upon the following standards:
1. Interference With Privacy, Safety And Security: In light of the date and time of said proposed use, whether the use will unreasonably interfere with the privacy, safety, security, convenience and tranquility of the residents or inhabitants of the area.
2. Size And Condition Of Accommodations: Whether the proposed city property or public right of way can accommodate the group or use, based both on group size and on health and sanitation facilities, whether available or to be provided by applicant.
3. Compatibility Of Use: Whether the proposed gathering is compatible with the normal activity of the city property or public right of way at the requested time or date.
4. Demonstration Of Means, Planning And Coordination: Whether the application demonstrates the applicant has the means, planning and coordination to hold the special event, considering the time of day, location, public facilities available, traffic control, parking requirements and any monitoring required to protect the public health and safety.
5. Timing Of Event: Whether the event will interfere with another event for which a permit has already been granted. All applications for any parade or special event permit will be processed on a first in time basis based on a full and complete submission of necessary information and documentation.
6. Interruption Of Vehicular Or Pedestrian Traffic: Whether the proposed use would substantially interrupt the flow of street and/or pedestrian traffic.
7. Excessive Diversion Of Police: Whether the use would require the excessive diversion of police from other duties, or substantially interfere with the city's firefighting operations.
F. Revocation Of Permit: After a permit is granted, in the event it is determined that the applicant has misstated any material fact in the application, or that there is a substantial and material variance between the information in the application and the actual facts or those facts that appear reasonably to have occurred, the city manager may review such application and revoke such permit if not in compliance with this subsection. Such permit may also be revoked when it is determined by the chief of police that by reason of disaster, public calamity, riot or other emergency, the public safety requires such revocation.
G. Waiver: The city manager is authorized to waive certain requirements based on criteria approved in the parades and special events permit waiver policy.
H. Interference: It is unlawful for any person to knowingly interfere with any person or organization lawfully conducting a parade. (Ord. 35-14, 5-19-2014)
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