CHAPTER 311
Street Obstructions and Special Uses

311.01       Placing injurious material or obstruction in street.

311.02       Parades, assemblages, special events and street obstruction permits.

311.03       Standards for permit issuance.

311.04       Non-discrimination.

311.05       Toy vehicles on streets.

311.06      Play streets.

311.07       Games on streets.

CROSS REFERENCES

      See sectional history for similar State law

      Power to regulate processions or assemblages - see Ohio R.C.

         4511.07(C)

      Dropping, sifting and leaking loads - see TRAF. 339.08

311.01 PLACING INJURIOUS MATERIAL OR OBSTRUCTION IN STREET.

   (a)   No person shall place or knowingly drop upon any part of a street, highway or alley any tacks, bottles, wire, glass, nails or other articles which may damage or injure any person, vehicle or animal traveling along or upon such street, except such substances that may be placed upon the roadway by proper authority for the repair or construction thereof.

   (b)   Any person who drops or permits to be dropped or thrown upon any street any noxious, destructive or injurious material shall immediately remove the same.

   (c)   Any person authorized to remove a wrecked or damaged vehicle from a street shall remove any glass or other injurious substance dropped upon the street from such vehicle.

   (d)   No person shall place any obstruction in or upon a street without proper authority.

   (e)   No person, with intent to cause physical harm to a person or vehicle, shall place or knowingly drop upon any part of a highway, lane, road, street or alley any tacks, bottles, wire, glass, nails or other articles which may damage or injure any person, vehicle or animal traveling along or upon such highway, except such substances that may be placed upon the roadway by proper authority for the repair or construction thereof.

   (f)   (1)   Except as otherwise provided in this subsection, whoever violates any provision of subsections (a) to (d) of this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates any provision of subsections (a) to (d) of this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates any provision of subsections (a) to (d) of this section is guilty of a misdemeanor of the third degree.

      (2)   Whoever violates subsection (e) of this section is guilty of a misdemeanor of the first degree. (ORC 4511.74)

311.02 PARADES, ASSEMBLAGES, SPECIAL EVENTS AND STREET OBSTRUCTION PERMITS.

   (a)   Permit Required. No person, group of persons, or organization(s) shall conduct or participate in any parade, assemblage or procession other than a funeral procession upon any street or highway, or block off any street or highway area without obtaining a permit required in subsection (c) hereof.

   Applications for such permits shall be made on such forms as may be prescribed by the Safety Service Director and shall contain such information as is reasonably necessary to a fair determination of whether a permit should be issued. Applications shall be filed not less than fourteen days before the time intended for such parade, procession or assemblage

   (b)   Driving Through Parades. No driver of a vehicle shall drive between the vehicles or persons comprising a parade, assemblage or other authorized procession when such vehicles or persons are in motion and are conspicuously designated as a parade, assemblage or a procession.

   (c)   Obtaining Permit. Any person desiring to parade, assemble, obstruct or hold a procession in or upon any street, park or public grounds of the City for any purpose shall, before parading or holding such, assemblage, obstruction or procession, obtain from the Safety Service Director or person designated a permit therefor, which shall be issued only after the approval of the application therefor by the Safety Service Director or person designated of the director of the department having control of the streets, parks or public grounds on which such parade, assemblage or procession is to be held.

   (d)   Application/Permit. Each application for a permit shall be made out in duplicate, each copy thereof to be signed by the applicant and shall be in such form as the Safety Service Director shall prescribe.

   (e)   Fees/Rates. For each permit issued under the provisions of subsection (c) hereof a fee of twenty dollars ($20.00) shall be paid by the applicant upon making application therefor, provided however, that if the permit is refused such fee shall be returned to the person paying the same. Rates to be charged for costs associated with a parade, assemblage, obstruction or procession as described in subsection (i) hereof.

   (f)   Refusal or Revocation. The permit may be refused or cancelled if:

      (1)   The Safety Service Director or person designated may refuse to issue such permit if the applicant or group or organization or persons represented by the applicant have previously violated the provisions of a similar permit or have violated any of the ordinances of the City or laws of the State of Ohio or of the United States in connection with a previous parade or procession in or upon the streets, parks or public grounds of the City or elsewhere; or if:

         A.   The time, place, size or conduct of the parade, assemblage, obstruction or procession including the assembly areas and route of march would unreasonably interfere with the public convenience and safe use of the streets and highways.

         B.   The parade, assemblage, obstruction or procession would require the diversion of so great a number of police officers to properly police the line of movement, assembly area and areas contiguous thereto so as to deny normal police protection to the Municipality.

         C.   The parade route of march, assemblage, procession, obstruction or assembly areas would unreasonably interfere with the movement of police vehicles, fire-fighting equipment or ambulance service to other areas of the Municipality.

         D.   The parade would unreasonably interfere with another parade for which a permit has been issued. The obstruction would unreasonably interfere with a construction project.

         E.   The applicant has previously violated or has submitted material falsely misleading, incomplete information on this or any permit application.

         F.   An emergency such as a fire or storm would prevent the proper conduct of the parade, assemblage, obstruction or procession.

The permit or any order accompanying it may limit or prescribe reasonable conditions, including the hours, the places of assembly and of dispersal, the route of march or travel and the streets, highways or portions thereof which may be used or occupied.

      (2)   The permit herein provided for may be revoked at any time by the Safety Service Director or person designated for the reasons herein set forth for the refusal of same, provided that notice of such revocation shall immediately be given to the applicant and that within the same time and in the manner provided in subsection (h) hereof an appeal may be taken.

   (g)   Appeal. In case of the refusal to issue a license or the revocation or suspension of a license by the Safety Service Director or person designated, the applicant or licensee may appeal from such order to a Board of Appeals composed of the Mayor, the Director of Law and the Director of Finance. Notice of such appeal shall be in writing and shall be filed with the Safety Service Director or person designated within ten days after the making of such order. The Board of Appeals within three days after the filing with the Safety Service Director or person designated of such notice of appeal, shall proceed with the hearing of such appeal, at which hearing all parties interested shall be afforded an opportunity to be heard, and such Board of Appeals shall approve, modify or annul such order from which the appeal has been perfected, and the finding of such Board of Appeals shall be final on all parties thereto.

   (h)   Payment of Costs. Before issuance of a parade, assemblage, obstruction or procession permit under this section, the applicant shall submit an executed agreement with the City to pay for all City costs incurred in conducting such parade, assemblage, obstruction or procession. The Director Safety Service is authorized to execute such agreement on behalf of the City in a form as approved by Council by ordinance from time to time. The amount required to be paid by each applicant by such contract shall be determined by the Safety Service Director or his designee upon determination of the amount of traffic control and all other City regulations and services necessary after reviewing each application with regard to all relevant considerations, including, but not limited to, the length of such parade or procession, the number of City officers or employees needed and the day, time, length and route of each proposed parade, assemblage, obstruction or procession.

   (i)    Penalty. Whoever violates any provision of this section is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, the person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, the person is guilty of a misdemeanor of the third degree.

(Ord. 23-177. Passed 11-21-23.)

311.03 STANDARDS FOR PERMIT ISSUANCE.

   (a)   The Safety Service Director or his designee must issue a permit as provided for herein when, from a consideration of the application and from such other information as may otherwise be obtained, the Safety Service Director or his designee finds that:

      (1)   The conduct of the parade, public assembly or procession will not substantially interrupt the safe and orderly movement of other pedestrian or vehicular traffic contiguous to its route or location;

      (2)   The parade route of march, assembly or procession areas will not unreasonably interfere with the movement of emergency service vehicles;

      (3)   The conduct of the parade, public assembly or procession will not require the diversion of so great a number of police officers to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection of the City;

      (4)   The concentration of persons, animals, and vehicles at public points of the parade, public assembly or procession will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such public assembly areas;

      (5)   The parade, public assembly or procession is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en-route;

      (6)   Adequate sanitation and other required health facilities are or will be made available in or adjacent to any public assembly areas;

      (7)   There are sufficient parking places near the site of the parade, public assembly or procession to accommodate the number of vehicles reasonably expected;

      (8)   The applicant has secured the appropriate City resources, if any are required;

      (9)   No parade, assemblage, obstruction or procession permit application for the same time and location has already been granted or has been received and will be granted;

      (10)   No parade, assemblage, obstruction or procession permit application for the same time and location is already granted or has been received and will be granted, and the police, fire, EMS, public works, or recreation resources required for that prior parade or public assembly are so great that in combination with the subsequent proposed application, the resulting deployment of police, fire, EMS, public works, or recreation services would have an immediate and adverse effect upon the welfare and safety of person and property; and

      (11)   No event is scheduled elsewhere in the City where the police, fire, EMS, public works, or recreation resources required for that event are so great that the deployment of services for the proposed parade of public assembly would have an immediate and adverse effect upon public health, safety, or general welfare of the residents of the City.

   (b)   No permit shall be granted that allows for the erection or placement of any structure, whether permanent or temporary, on a street, sidewalk, or right-of-way unless obtaining a street obstruction permit with approval by the Safety Service Director or his designee for the erection of placement of the structure is obtained.

(Ord. 23-177. Passed 11-21-23.)

311.04 NON-DISCRIMINATION.

   The Safety Service Director or his designee shall uniformly consider each application upon its merits and shall not discriminate in granting or denying permits under this chapter based upon political, religious, ethnic, race, disability, sexual orientation or gender related grounds.

(Ord. 23-177. Passed 11-21-23.)