(a) “Public gathering” includes demonstrations, picketing, speechmaking, vigils, parades, ceremonies, meetings, rallies, entertainment, games, shows, concerts, picnics and all other forms of public assembly.
(b) Any person or organization desiring to sponsor or arrange a public gathering of more than seventy-five persons upon parks, recreation areas or outdoor areas adjacent to community centers, owned or operated by the County, must first obtain a permit therefor from the County Administrator or his or her designee.
(c) An application for a permit for a public gathering must be delivered to the office of the Director of Parks and Recreation not less than seven days prior to the planned start of the gathering. The County Administrator or his or her designee will either grant the permit, with or without conditions, or deny the permit within seventy-two hours after receiving the application. If the County Administrator or his or her designee fails to act upon the application within the seventy-two hour period, the permit shall be deemed to be granted. For purposes of the foregoing requirement, receipt of the application on a Saturday, Sunday or legal holiday shall be deemed received on the next regular business day. A denial of the permit shall be accompanied by a statement of the reasons for the denial.
For events planned within the seven-day period, where a delay in seeking the permit was not the fault of the applicant and was due to events beyond the control of the applicant, the County Administrator may waive the requirement that an application be filed not less than seven days prior to the planned event, if he or she is satisfied that the remaining provisions of this section can and will be complied with by the applicant and that the County's legitimate interest in adequate planning for the event can be satisfied.
(d) The application shall contain the following information:
(1) The full names, mailing addresses and telephone numbers of the persons and organizations sponsoring and arranging the proposed activity;
(2) The full name, mailing address and telephone number of the individual person who will supervise the proposed activity;
(3) A statement of the number of people expected to attend the proposed activity;
(4) The dates and hours on and during which the proposed activity is to take place;
(5) A statement as to whether or not electric or battery-powered devices will be used to produce, reproduce or amplify sound and, if so, what type of such device is to be used; and
(6) A statement of the nature of the proposed activity (for example, a picnic, softball game, speech or demonstration).
(e) The County Administrator or his or her designee shall issue the permit, unless he or she finds that one or more of the following facts exists:
(1) The proposed activity is likely to cause excessive damage to park property.
(2) The proposed activity is likely to involve more people than can reasonably be accommodated within the specific area for which the permit is requested.
(3) The application does not contain all of the information required by subsection (d) hereof or it contains information which the County Administrator reasonably believes to be false.
(4) The applicant refuses to agree to abide by limitations imposed by the County Administrator or his or her designee as conditions to the issuance of the permit.
(5) Use of the area for which the permit is requested would conflict with use of the same area by an applicant who has previously applied for a permit and whose permit is or is about to be issued.
(6) The proposed activity would violate applicable State law or County ordinances.
(f) The County Administrator or his or her designee may impose limitations upon the applicant and may condition the issuance of a permit upon the applicant's agreement to abide by the limitations. The conditions which the County Administrator may impose shall be limited to reasonable regulation of the time, duration and particular location of the proposed activity and the manner in which it is to be carried out. Limitations upon the manner in which the proposed activity is to be carried out shall be confined to regulations, the sole purpose of which is to prevent undue inconvenience to nonparticipating users of the park, to minimize the danger of injury to persons or to park property or to provide for adequate protection for public health, including requirements for restroom facilities, potable water supplies, parking, traffic control, fire and police protection, first aid and ambulance facilities, site clean-up and trash control or bonding or insurance requirements, where the County Administrator deems it appropriate.
Conditions which the County Administrator or his or her designee may impose may relate to, among other things, the use of sound devices and the furnishing by the applicant of assistance in crowd control.
A violation of the conditions may result in the revocation of the permit.
(g) These procedures shall be applied in a uniform, nondiscriminatory manner. The granting or denial of an application for a permit shall be without regard to the beliefs of the applicant or the views to be expressed at the proposed activity, except as otherwise provided by State or Federal law.
(h) These requirements shall not apply to public gatherings sponsored by the County School Board or any County government agency.
(Ord. 85-12. Passed 9-16-85.)