(A) Within 14 working days of the receipt of a fully completed, executed, and filed application, the Police Chief shall review the application in light of all of the contents thereof and the goals, intentions, and presumptions of this chapter as set out hereinbefore, and render a decision and communicate same to applicant, either permitting the event as planned or denying a permit for same. If the permit is denied, the Police Chief shall provide the applicant in writing a statement of the reasons therefor. (First class mail to the address provided by applicant, postmarked no more than 14 working days after receipt of the fully completed, executed, and filed application, shall be sufficient for this purpose, though not the exclusive means of notice.)
(B) Nothing in this process shall prevent the Police Chief, at his/her sole option and within the 14 working day period for approval or denial, to confer with applicant with respect to modifications of applicant's plan for the event, and amend the application to reflect such modifications if agreed to by applicant. However, applicant may neither supplement nor amend its application within said 14 working day period except at the invitation of the Police Chief, Any attempt to do so sua sponte shall be deemed a separate and new application.
(C) The Police Chief may deny the application for permit upon any of the following reasons or combination of reasons:
(1) The application does not contain all required information or materials, or the information set out in the application is so incomplete, vague, or ambiguous as to prevent full and proper review by the Police Chief;
(2) The application contains material omissions, falsehoods, or misrepresentations;
(3) The applicant, or entity represented by applicant, is incompetent to contract, sue, or be sued;
(4) The person applying lacks authority to represent the entity for which the application is made;
(5) The applicant or entity represented by applicant has on prior occasions damaged public property, or has not paid in full for such damages, or is in arrears as to any judgment civil, criminal, or administrative rendered against the applicant or entity, or is in violation of any injunction or restraining order entered against the applicant or entity, whether under the same name or another;
(6) The applicant or entity represented by applicant has on prior occasions violated permitting ordinances in connection with events of a substantially similar nature;
(7) The plan of the event as proposed is likely to present a danger to the health or safety of participants in the event or other members of the public (though not through the agency of any predicted reaction by onlookers or members of the public);
(8) The plan of the event as proposed is likely to restrict and/or congest traffic (vehicular or pedestrian) on any of the public roads, right of ways, sidewalks, or waterways in the immediate vicinity of such event;
(9) The plan of the event as proposed is likely to cause a disturbance of the peace, or is likely to burden lawful commerce in the area at the time of the proposed event, or is likely to intrude upon the privacy or property of citizens in the area of the proposed event;
(10) The plan of the event as proposed includes activities which are prohibited by laws of the United States, the State of Kentucky, the County of Hancock, Kentucky or ordinances of the City of Lewisport, Kentucky, or activities which constitute nuisance or tortious conduct with respect to public or private property or persons;
(11) The plan of the event as proposed would conflict with previously planned programs or events organized and conducted by the city and previously scheduled for the same time and place;
(12) The plan of the event as proposed is prohibited by or is inconsistent with the classifications and uses of the proposed or desired location; or
(13) A fully executed prior application for permit has been or will be granted to a prior applicant authorizing uses or activities which do not reasonably permit multiple occupancy of that particular space;
(14) The plan of the event as proposed includes the use of sign(s), display(s), post(s), or placard(s), banner(s) which exceed two feet by three feet in size, are made of a material other than paper, cardboard, poster board, or foam, are attached or affixed to any wooden, plastic, metal, or other type of support, or are draped or affixed to any city property, including, but limited to, the ground, trees, and buildings within the city.
(D) It is the specific intent of the city in enacting this chapter to regulate only the time, place and manner of events and not to regulate the content or message of any speech or expressive conduct. The factors enumerated within this chapter, which we find express and support the substantial and compelling interests of this governing body in the preservation of the rights and liberties of its citizens and the safety, health, and good order of its society, are the only basis upon which the Police Chief shall decide to issue or deny a permit applied for hereunder and no such decision shall be made or justified based upon the anticipated or predicted content of the speech or expressive conduct of any applicant.
(Ord. 10-2, passed 5-20-10)