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This chapter shall be interpreted to apply to all groups seeking permission to hold a demonstration or rally upon public property or in a public park within the City without regard to the cause or person to be supported, advocated or denounced by the group seeking such permission. Nothing in this chapter shall be construed to allow the Director of Public Safety or any other City official to regulate the content of any message the applicant group desires to send.
(Ord. 13-2010. Passed 3-23-10.)
(a) No person or group shall hold a rally or demonstration in any public park or on any public property without first obtaining a permit from the Director of Public Safety. The person or group shall be required to complete and file an application for such permit on a form prescribed by the Director. Such forms shall be available in his office.
(b) Upon receipt of such application, a copy of same shall be forwarded to the Chief of Police. He shall determine the following and report same, in writing, to the Director:
(1) The number of additional personnel he deems shall be necessary in order to ensure that peace and good order can be maintained during the demonstration or rally; and
(2) An itemized estimate as to the cost of such additional personnel (such estimate to include any additional equipment he anticipates shall be necessary, such as public address systems, cellular phones and the like).
(c) The Director shall review the document submitted to him pursuant to subsection (b) hereof and shall make any revisions he deems necessary, if any. He shall then assess the total figure set forth as the permit fee chargeable to the applicant. No permit shall issue until the permit fee is paid in full. (Ord. 13-2010. Passed 3-23-10.)
(a) Time. No rally or demonstration shall be held between the hours of 7:00 p.m. and 11:59 a.m. For good cause shown by the applicant, the Director of Public Safety may, in his discretion and subject to Section 507.06
, waive this restriction.
(b) Location. No rally or demonstration shall be held on any public property or in any public park except Fenwick Park. For good cause shown by the applicant, the Director may, in his discretion and subject to Section 507.06
, waive this restriction.
No event already scheduled to take place in Fenwick Park shall be pre-empted or disturbed by a rally or demonstration, nor shall such a scheduling conflict give rise to the use of another public park or public property for such rally or demonstration.
(c) Duration. No rally or demonstration shall exceed two hours in length. For good cause shown by the applicant, the Director may, in his discretion and subject to Section 507.06
, waive this restriction.
(d) Attendance. Access to Fenwick Park, or any other park for which a permit has been issued, shall be restricted to those persons participating in the rally or demonstration as members of the group or organization to whom the permit has been issued, for two hours prior to the rally or demonstration's scheduled starting time, as set forth in the permit, until one hour after its conclusion time, as set forth in the permit.
(e) Conclusion. All persons participating in a rally or demonstration shall disperse no later than the conclusion time for which the permit has been issued.
(Ord. 13-2010. Passed 3-23-10.)
Given the well-recognized tremendous potential for serious injury or death in any crowd situation in which control is not strictly maintained, the following shall apply during any rally or demonstration:
(a) The Chief of Police shall designate himself or his authorized representative as Commanding Officer for each scheduled rally or demonstration. The Commanding Officer shall be present throughout the rally or demonstration. If, in his judgment, a rally or demonstration deteriorates into a situation which, in his judgment, presents a risk of injury to attendees, police personnel, the general public or any person present, he shall order the crowd dispersed, regardless of the time set forth in the permit, and shall enforce such order as reasonably necessary to effect same. Any person who violates his order to disperse is guilty of failure to obey a lawful order of a police officer.
(b) No person shall be permitted to attend any rally or demonstration, or be present in any park for which a permit has been issued, while carrying or having ready at hand, any stick, baseball bat, bottle or any other item or object defined as a deadly weapon or dangerous ordnance at Ohio R.C. 2923.11(A) and (K). Any such item shall be subject to immediate confiscation by the Police Department. No such items shall be allowed in the park during the permit period for any reason.
(Ord. 13-2010. Passed 3-23-10.)
(a) Subject Matter. Applicants may appeal the following to Council on a form prescribed by the Director of Public Safety and available in his office:
(1) The amount of the permit fee assessed by the Director;
(2) Denial of access to a park or location other than Fenwick Park;
(3) Refusal to issue a permit for a period of longer than two hours; and/or
(4) Refusal to issue a permit for any time period between the hours of 7:00 p.m. and 11:59 a.m.
(b) Time for Filing; Manner of Filing. Notice of appeal shall be filed with the Clerk of Council and shall be received by that office within ten days of the date of the order of the Director from which appeal is taken.
(c) Appeal; Hearing; Submission.
(1) Council may either:
A. Convene an Appeal Board consisting of an odd number of members to hear and decide the appeal; or
B. Designate an existing committee consisting of an odd number of members to hear and decide the appeal; or
C. Hear it as a whole body.
(2) Council (or the Appeal Board or committee) shall hold a hearing on the appeal, unless the appellant waives hearing in writing, in which case Council (or the Appeal Board or committee) shall consider the case based upon written statements and other documentation it receives.
(3) In either event, Council (or the Appeal Board or committee) shall consider the following:
A. Relevant testimony of, or documents submitted by, the applicant or members of the applicant group as to why an exception should be made, if the appeal is brought pursuant to subsections (b), (c) or (d) hereof, or as to why the fee assessed is unreasonable, if the appeal is brought pursuant to subsection (a) above;
B. Relevant testimony of, or documents submitted by, the Chief of Police and the Director as to why an exception should not be made, if the appeal is brought pursuant to subsections (b), (c) or (d) hereof, or as to why the fee assessed is reasonable, if the appeal is brought pursuant to subsection (a) above.
(d) Presumptions; Burden of Proof; Standard of Review. In any appeal brought to Council pursuant to this chapter, the ruling of the Director is presumptively reasonable and should not be reversed unless such presumption of reasonableness is convincingly rebutted by the appellant. Appellant has the burden of rebutting the presumption of reasonableness. Unless the Director's ruling is demonstrated to be clearly unreasonable, such ruling shall not be disturbed on appeal.
(e) Majority Vote. Following the hearing, unless it is waived, in which case, following full consideration and discussion of the matter on appeal, Council (or the Appeal Board or committee) shall vote upon whether to affirm or reverse the order appealed from. Simple majority vote of Council (or the Appeal Board or committee) shall prevail. The Clerk of Council shall immediately notify the appellant and the Director of its decision in writing. Any person aggrieved by such decision may appeal the decision to the Court of Common Pleas in accordance with the applicable provisions of the Ohio Revised Code.
(Ord. 13-2010. Passed 3-23-10.)
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