(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“RESIDENTIAL AREA.” Any portion of the city in which residential uses are permitted or a lawful residential use that was established prior to the adoption of Chapter 159, the city’s Unified Development Ordinance.
“RESIDENTIAL ASSEMBLY.” The gathering of seven or more persons within 100 feet of each other within a public street or right-of-way for any purpose.
“RIGHT-OF-WAY.” A strip of land occupied or intended to be occupied by transportation facilities, public utilities, or other special public uses. Rights-of-way intended for any use involving maintenance by a public agency shall be dedicated to the public use by the maker of the plat on which such right-of-way is established.
“STREET, PUBLIC.” A street owned and maintained by a unit of government within an officially dedicated and accepted right-of-way to provide vehicular and pedestrian access.
“TRAVELED PORTION OF A PUBLIC STREET.” The part of a street used for vehicular travel. The traveled portion includes all parts of the street between the curbs, and if there are no curbs, includes all pavement contiguous to the traveled portion of the road.
(B) No person shall gather, march, or remain upon a right-of-way as part of a residential assembly, unless the person or another person participating in the residential assembly possesses a residential assembly permit issued pursuant to this section.
(C) No person participating in a residential assembly shall linger, stand, or occupy the traveled portion of a public street which would impede or restrict the flow of traffic within the public street.
(D) A residential assembly shall not be permitted before 7:00 a.m. or sunrise, whichever is later; or after 7:00 p.m. or sunset, whichever is earlier, based upon the time of sunset or sunrise published by the National Weather Service at the Indianapolis International Airport.
(E) No person participating in a residential assembly shall impede a sidewalk, multi-use path, driveway, or other access to public property which results in restricting the use of the walkway or access points by the general public or a contiguous landowner.
(F) This section shall not apply to persons viewing or participating in parades or processions as authorized by § 71.44 which parades include, but are not limited to, the Christmas parade, Fourth of July parade, Homecoming parade, or military parades.
(G) Residential assembly permits shall be issued by the Noblesville Police Department. A person seeking a residential assembly permit shall apply for the permit in writing at least 48 hours prior to the beginning of the residential assembly. The application for the residential assembly shall include the following:
(1) The starting and ending time for the residential assembly;
(2) The location or locations of the residential assembly;
(3) The name, address and phone number of the applicant.
(H) In the event the application is complete, the Noblesville Police Department shall issue the residential assembly permit within one business day of the application.
(I) There shall be no permit fee charged for a residential assembly permit.
(Ord. 32-9-10, passed 9-28-10) Penalty, see § 95.99