(a) As used in this section, "public gatherings" means and includes, but is not limited to, demonstrations, counter-demonstrations, picketing, speechmaking, holding of vigils, parades, ceremonies, meetings, entertainment and all other forms of public assembly. Whenever a public gathering is being conducted on public property, whether lawfully or unlawfully, any separate group desiring to assemble on public property for purposes of demonstrating support for or opposition to the original public gathering or its sponsor shall be deemed and considered a separate and distinct "public gathering" and shall comply with all the provisions of this section, including the requirement of obtaining its own public gathering permit.
(Ord. 179-79. Passed 9-17-79.)
(b) The Director of Public Service is hereby authorized and directed to conduct and maintain current surveys of all the parks and recreational facilities of the City. At each location, he shall locate and designate all areas which have a specialized function, such as picnic areas, swimming pools, baseball diamonds, etc. Signs shall be posted designating each such area, with appurtenant parking facilities, when available, for the intended purpose of the area; thereafter, without exception, the Director shall only permit the designated use in each such area. Maps shall be currently maintained by the Director and be available for public inspection and shall denominate the designated areas at each park or facility.
(c) Any area not designated for a specified use under subsection (b) hereof shall be deemed "public forum" areas and shall be available for public gatherings by any group, in accordance with this section. Public forum areas shall be so posted with signs and shall also be denominated on the maps maintained by the Director. In addition, based upon the size of each public forum area, available parking, traffic conditions and sanitation facilities, the Director shall designate a maximum number of participants which can reasonably be permitted at a public gathering at each public forum area, which numbers shall also be shown on the Director's maps.
(d) Upon completion of the Director's survey, the posting of signs and the completion of the maps required under this section, no area designated for a specific use shall be used except in conformity with the designated use. No public gathering shall be held except in a public forum area and only upon receipt of, and in conformity with, the restrictions of a current permit from the Director of Public Service.
(e) A person desiring to obtain a public gathering permit shall file an application with the office of the Service Director at least thirty days prior to the requested date of the public gathering. Applications will be available at the Director's office during business hours and each application shall include, in writing, a summary of the provisions of this section. The completed application shall state all of the following:
(1) The name, address and telephone number of the applicant;
(2) The name and address of the person, corporation or association sponsoring the activity;
(3) The specific public forum area desired;
(4) The specific day and hours for which the permit is desired;
(5) An estimate of the anticipated attendance; and
(6) A description of any equipment, platforms, chairs, etc., which the applicant would intend to bring into the public forum area.
The application shall be accompanied by payment of a processing fee in the amount of twenty dollars ($20.00) and a cash deposit of fifty dollars ($50.00) as security for any damage or uncleanliness caused by the applicant or his public gathering.
(f) Within five business days of the filing of the application, the Director shall send the applicant written notice by regular U. S. mail of the action he has taken on the application and the specific reasons therefor. The permit shall be granted unless one or more of the following conditions is found to exist:
(1) The application is incomplete in some material respect;
(2) The application has been fraudulently completed;
(3) A prior permit has already been issued for the same public forum area;
(4) The application is not for a public forum area;
(5) The estimate of the anticipated attendance is in excess of ten percent of the maximum designated as allowable for the public forum area by the Director;
(6) An adjacent area has already been scheduled for use, whether it is a public forum or designated use area, and, due to the anticipated size and/or traffic of the applicant's proposed use, it is physically impossible to accommodate both uses at the same time; or
(7) The Director has knowledge that the applicant or the sponsoring group specifically intends to cause or incite imminent lawless action in connection with the public gathering, provided, however, that anticipated violence on the part of persons unassociated with the applicant or the sponsoring group shall not be considered in evaluating the application.
In the case of a denial based upon paragraph (3), (4), (5) or (6) hereof, the Director shall inform the applicant of the existence of a reasonably equivalent alternative site, if available and uncommitted, which shall be held for the applicant for a period of five business days, pending reapplication by the applicant for the alternate site.
(g) An applicant dissatisfied with any decision of the Director may file a written notice of appeal with the office of the Director within five business days of the mailing of his decision under subsection (f) hereof. Filing, if made by mail, shall be deemed complete upon mailing.
(h) The appeal shall be heard and decided by Council within seven days of the filing under subsection (g) hereof. The applicant shall be notified by telephone, letter or in person at least twenty-four hours before the hearing. He may appear at the hearing, present evidence and may be represented by legal counsel. Council shall have authority by vote of a majority of its members to affirm, reverse or modify the decision of the Director, but in any case where the application is not approved as requested, the decision shall be in writing with specific reasons given therefor. The decision shall be mailed to the applicant within ten days of the filing under subsection (g) hereof. Failure of Council to decide the case within seven days, or to mail its decision within ten days, shall operate as an automatic reversal of the Director on the grounds being appealed.
(i) The decision of Council shall be deemed final upon mailing and may be appealed to the Court of Common Pleas in accordance with Ohio R.C. Chapter 2506.
(j) In the limited case of any final decision of the Director or, if appealed, of Council, denying or restricting a permit on the basis of subsection (f)(7) hereof, the Law Director shall be notified by the Director or Council, as applicable. The Law Director shall take all steps reasonably necessary to obtain injunctive relief or judicially enforce the denial or restriction and to prevent the applicant from acting in conflict therewith. If the permit has been denied or restricted under subsection (f)(7) hereof, no prosecution shall be commenced under subsection (d) hereof unless a clear and present danger has first been found to exist by a court having jurisdiction to make such a finding.
(k) Permits issued under this section shall be subject to the following conditions:
(1) A permit may be revoked upon subsequent discovery by the Director of any of the circumstances listed in subsection (f) hereof.
(2) A permit is nontransferable and can be used only by the group and for the purpose as originally requested.
(3) Public gatherings may begin not earlier than 8:00 a.m. and must be completed not later than 8:00 p.m. The times for a public gathering may be further limited by the Director in order to accommodate a previously authorized use at the same or an adjacent site.
(4) The area is to be left clean and undamaged following the public gathering and, in addition to any other remedy, the fifty dollar ($50.00) deposit may be charged for a violation of this rule by the applicant or his public gathering.
(5) The Director shall have authority to restrict, limit or prohibit the use or construction of platforms, chairs, props or other equipment if he finds that their use would result in damage to City property or would constitute a hazard to safety or would block or infringe upon some other lawful use of the park or recreation facility.
(6) Obtaining a permit under this section shall not abrogate the need to obtain any other permit which may be required by law nor shall it entitle the applicant or his public gathering to violate any of the other general park rules or regulations adopted by ordinance or lawful order.
(7) The fee and deposit required by this section shall not be waivable by the Director or Council, except that in applying for a permit, the City itself shall pay no fee or deposit.
(Ord. 154-79. Passed 7-30-79.)