(A) (1) The Goshen Courthouse Building and the Elkhart Courthouse Building are the location for the Circuit and Superior Courts of Elkhart County, offices for the Clerk of Elkhart County, and other governmental offices. It is the Board's intent and desire that the Goshen Courthouse Building and the Elkhart Courthouse Building continue to be used solely for their intended purpose as places for official government business. To that end, the decorum, quiet, and security of the Goshen Courthouse Building and the Elkhart Courthouse Building must be preserved.
(2) From time to time, members of the public have used the Goshen Courthouse Lawn and the Elkhart Courthouse Property as places of public gathering. The Board desires to allow the public to continue to use the Goshen Courthouse Lawn and the Elkhart Courthouse Property, subject to reasonable time, manner, and place restrictions, to balance the public's desire to continue to use these places for public gatherings and the governmental interest in preserving the decorum, quiet, and security of the Goshen Courthouse Building and the Elkhart Courthouse Building.
(B) (1) Any person wishing to use the Goshen Courthouse Lawn or the Elkhart Courthouse Property for any function, gathering, or meeting, must submit a written request to do so to the Board at least seven days prior to the use if:
(a) The function, gathering, or meeting is a demonstration that is reasonably expected to include or attract more than five persons; or
(b) The use will involve any equipment ancillary to the participants, including but not limited to, any vehicle, trailer, generator, sound amplifier, tank, shelter, tent, stage, table, podium, or any post or stake or rod or other item driven or anchored in the ground.
(2) The term DEMONSTRATION includes demonstrations, picketing, speechmaking, marching, holding vigils or religious services and all other like forms of planned activities involving the communication or expression of views or grievances, the conduct of which is reasonably likely to draw a crowd or onlookers. The term does not include casual use by visitors or tourists that is not reasonably likely to attract a crowd or onlookers.
(C) The written request must state the purpose of the use and be signed by at least one individual who shall be responsible for overseeing the use and insuring that no damage is done to the Goshen Courthouse Lawn or the Elkhart Courthouse Property and that the Goshen Courthouse Lawn or the Elkhart Courthouse Property is cleaned and is left in as good a condition after the use as it was prior to the use.
(D) (1) The County Administrator shall consider each written request and recommend approval or denial of the request based on the following factors:
(a) Whether the use would comply with the provisions of this chapter;
(b) Whether the use would be consistent with the Board's policy of maintaining an attractive Goshen Courthouse Lawn and Elkhart Courthouse Property;
(c) Whether the use would be consistent with the Board's policy of maintaining quiet, security, and decorum at the Goshen Courthouse Building or the Elkhart Courthouse Building;
(d) Whether the use would unduly interfere with the public's ability to use the parking spaces at the Elkhart Courthouse Property, and enter and exit the Goshen Courthouse Building or the Elkhart Courthouse Building;
(e) Whether the use would otherwise comply with local, state, and federal law.
(2) The Board, at any regular or claims meeting, or the County Administrator on behalf of the Board, may grant or deny the requested use and may impose reasonable restrictions on the use. Actions of the County Administrator will be filed with the Board at its next regular or claims meeting.
(E) The person or persons submitting the request shall be responsible for any and all damage, destruction, or littering to or on the Goshen Courthouse Lawn or the Elkhart Courthouse Property.
(F) Use of the:
(1) Goshen Courthouse Lawn during the regular business hours of the courts for any activity requiring a permit under this chapter is permitted only on the south and east sides of the Goshen Courthouse Building;
(2) Elkhart Courthouse Property during the regular business hours of the courts for any activity requiring a permit under this chapter is permitted only on the east, west, and south sides of the Elkhart Courthouse Building.
(G) No person, whether alone or as part of a group, may:
(1) Interfere with the government operations at or public access to the Goshen Courthouse Building or the Elkhart Courthouse Building;
(2) Create distractions disrupting the government operations at or public access to the Goshen Courthouse Building or the Elkhart Courthouse Building;
(3) Restrict or inhibit the free movement of pedestrians on the Goshen Courthouse Lawn or the Elkhart Courthouse Property; or
(4) Enter or use the Goshen Courthouse Building or the Elkhart Courthouse Building for any purpose other than conducting official business directly related to the governmental offices located in the buildings.
(H) Sound amplification or public address devices may not be used on the Goshen Courthouse Lawn or the Elkhart Courthouse Property during regular business hours or any other time when a court is in session.
(I) Use of the Goshen Courthouse Building and the Elkhart Courthouse Building is restricted to official governmental business.
(Prior Code, § 36-2-2-24) (Ord. passed 6-2-1969, 28 COM REC 979; Ord. 2016-178, passed 3-7-2016; Ord. CO-2018-011, passed 4-16-2018; Ord. CO-2019-06, passed 2-20-2019)