(A) Permit required. No person shall erect any structure, stand or platform or engage in or conduct any event in any public park or upon any park street unless an event permit is issued by the Board of Parks and Recreation.
(B) Application.
(1) A person seeking an event permit shall file an application with the Board of Parks and Recreation (the "Board") on forms provided by the Board and the application shall be signed by the applicant under oath.
(2) For single, non-recurring events, an application for a permit shall be filed with the Board at least 10 and not more than 180 days before the event is proposed to commence. The Board may waive the minimum 10-day filing period and accept an application filed within a shorter period if, after due consideration of the date, time, place and nature of the event, the anticipated number of participants, and the city services required in connection with the event, the Board determines that the waiver will not present a hazard to public safety.
(3) For events held on a regular or recurring basis at the same location, an application for a permit covering all such events during that calendar year may be filed with the Board at least 60 and not more than 180 days before the date and time at which the first such event is proposed to commence. The Board may waive the minimum 60-day period after due consideration of the factors specified in division (B)(2) above.
(4) The application for an event permit shall set forth the following information:
(a) The name, address and telephone number of the person seeking to conduct such event;
(b) The names, addresses and telephone numbers of the headquarters of the organization for which the event is to be conducted, if any, and the authorized and responsible heads of the organization;
(c) The requested date of the event;
(d) If the event is a parade, the route to be traveled, including the assembly point, starting point and the termination point;
(e) The approximate number of persons who will constitute such event;
(f) The hours when such event will start and terminate;
(g) The location of the event and statement as to whether the event will occupy all or only a portion of the park or park street;
(h) If the event is designed to be held by, or on behalf of, any such person other than the applicant, the applicant for such permit shall file a letter from that person with the Board authorizing the applicant to apply for the permit on his or her behalf;
(i) The type of event, including a description of activities planned during the event;
(j) A description of any recording equipment, sound amplification equipment, banners, signs of other attention getting devices to be used in connection with the event;
(k) The approximate number of participants (spectators are by definition not participants);
(l) The approximate number of anticipated spectators;
(m) A designation of any public facilities or equipment to be utilized; and
(n) Any additional information that the Board finds reasonably necessary to a fair determination as to whether a permit should issue.
(C) Police protection. The Board shall determine whether and to what extent additional police protection is reasonably necessary for the event for traffic control and public safety. The Board shall base this decision on the size, location, duration, time and date of the event, the number of streets and intersections blocked, and the need to detour or preempt citizen travel and use of the streets and sidewalks. The speech content of the event shall not be a factor in determining the amount of police protection necessary. If possible, without disruption of ordinary police services of compromise of public safety, regularly scheduled on-duty personnel will police the event. If additional police protection for the event is deemed necessary by the Board, it shall so inform the applicant for the permit. The applicant then shall have the duty to secure the police protection deemed necessary by the Chief of Police at the sole expense of the applicant. Persons engaged in events conducted for the sole purpose of public issue speech protected under the First Amendment are not required to pay for any police protection provided by the city.
(D) Standards for issuance.
(1) Applications for permits shall be processed in order of receipt. The Board shall issue a permit as provided for herein when, from consideration of the application and from such other information as may otherwise be obtained, it finds that:
(a) The conduct of the event will not substantially interrupt the safe and orderly movement of other pedestrian or vehicular traffic contiguous to its route or location;
(b) The conduct of the event will not require the diversion of so great a number of city police officers to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection of the city;
(c) The concentration of persons and vehicles at public assembly points of the parade or event will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such public assembly areas;
(d) The conduct of the event is not reasonably likely to cause injury to persons or property;
(e) Adequate sanitation and other required health facilities are or will be made available in or adjacent to any event areas;
(f) There are sufficient parking places near the site of the event to accommodate the number of vehicles reasonably expected;
(g) The applicant has secured the police protection, if any, as required under this chapter;
(h) No event permit application for the same time and location is already granted or has been received and will be granted;
(i) No event permit application for the same time but different location is already granted or has been received and will granted, and the police resources required for that prior event are so great that in combination with the subsequent proposed application, the resulting deployment of police services would have an immediate and adverse effect upon the welfare and safety of persons and property;
(j) No event is scheduled elsewhere in the city where the police resources required for that event are so great that the deployment of police services for the proposed event would have an immediate and adverse effect upon the welfare and safety of persons and property; and
(k) The applicant or the person on whose behalf the application for permit was made has not on prior occasions damaged park property and has not paid in full for such prior damage.
(E) Non-discrimination. The Board shall uniformly consider each application upon its merits and shall not discriminate in granting or denying permits under this section based upon political, religious, ethnic, race, disability, sexual orientation or gender related grounds.
(F) Notice of denial of application. The Board shall act promptly upon a timely filed application for an event, but in no event shall grant or deny a permit less than 5 days prior to the event. If the Board denies the application, it shall notify the applicant either by personal delivery or certified mail at least 5 days prior to the event of its action and state the reason(s) for denial.
(G) Alternative permit. The Board, in denying an application for an event permit, may authorize the conduct of the event at a date, time, location, or route different from that named by the applicant. An applicant desiring to accept an alternate permit shall, within 5 days after notice of the action of the Board, file a written notice of acceptance with the Board.
(H) Appeal procedure. Any applicant shall have the right to appeal the denial of an event permit to a court of competent jurisdiction.
(I) Contents for permit. Each event permit shall state the following information:
(1) Starting and approximate ending time of the event;
(2) The park or park street to be occupied by the event;
(3) The name of the person or organization holding the permit;
(4) Any such other information as the Board shall find necessary to the enforcement of this section.
(J) Duties of permittee.
(1) A permittee hereunder shall comply with all permit directions and conditions and with all applicable laws and ordinances.
(2) The event chairman or other person heading such activity shall carry the event permit upon his person during the conduct of the event.
(3) The permittee, together with his agents and employees, shall be jointly and severally liable to the city for all damages and loss suffered by it as a result of the event.
(K) Prohibitions. The following prohibitions shall apply to all events:
(1) It shall be unlawful for any person to stage, present, or conduct any event without first having obtained a permit as herein provided;
(2) It shall be unlawful for any person to participate in an event for which the person knows a permit has not been granted;
(3) It shall be unlawful for any person in charge of, or responsible for the conduct of, a duly licensed event to fail to comply with the terms or any conditions of the permit;
(4) It shall be unlawful for any person to engage in any event activity that would constitute a substantial hazard to the public safety or that would materially interfere with or endanger the public peace or rights of residents to the quiet and peaceful enjoyment of their property;
(5) It shall be unlawful for any person participating in an event to utilize sound amplification equipment at decibel levels that exceed those limits imposed by the Elkhart City Noise Ordinance, §§ 95.095 through 95.099 of this code, without first obtaining the proper permit to do so from the Board of Public Works.
(L) Public conduct during events. No person shall unreasonably hamper, obstruct or impede, or interfere with any event or with any person participating in an event.
(M) Revocation of permit. The Board shall have the authority to revoke an event permit instantly upon violation of the conditions or standards for issuance as set forth in this section; or upon violation of any law, or rule or regulation; or when a public emergency arises where the police resources required for that emergency are so great that deployment of police services for the event would have an immediate and adverse effect upon the welfare and safety of persons or property.
(Ord. 5091, passed 2-11-08)