(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.)