(A) Investigation. The Chief of Police shall review the application for completeness and compliance with the terms of this subchapter. The Chief of Police shall check if the charitable organization is registered with the Secretary of State, or is exempt from registration. The Chief of Police shall determine whether there are any records of complaints against the applicant or organizers in the records of the Indiana State Police or the GCIC/NCIC crime database system. The Chief of Police may, at his or her discretion, conduct a background check of the organizers or corporate officers, or any other person named on the application. The Chief of Police may, at his or her discretion, make any other inquiries he or she deems necessary for the investigation of the applicant or the organizers.
(B) Decision. The Board of Public Works and Safety may grant, deny, or grant a restricted permit. The Board shall issue a permit as provided in this subchapter from a consideration of the application and from such information as may otherwise be obtained, unless it finds that any or all of the following apply:
(1) The conduct of the event will substantially interrupt the safe and orderly movement of traffic;
(2) The conduct of the event will substantially interrupt the safe and orderly movement of police and/or fire fighting and/or emergency medical vehicles and equipment en route to a fire, or other emergency services;
(3) The applicant or any organizers or participants have any criminal complaints pending against them, or have a criminal record involving crimes of theft, fraud, or other moral turpitude;
(4) The applicant is not a qualifying charitable organization or is otherwise not a legitimate organization;
(5) The Chief of Police has reasons to believe the event is a fraud or sham;
(6) If a charitable organization required to be registered with the Secretary of State is not so registered;
(7) The conduct of the event is contrary to the public's health, safety or general welfare; or
(8) The application was not complete, or the application or permit requested are not fully in compliance with the requirements of this chapter.
(C) Restrictions. The Board shall indicate on the permit the permitted activities, locations, and times of the event. The Board may approve a smaller or shorter event than requested, may reduce the number of solicitors, may approve a different location, or may generally make any other adjustments it believes necessary to the application to serve the public health, safety and welfare.
(D) Non-content based review. The content of the message of any applicant, their beliefs, the identification of the participants, or any other matter which does not directly impact on the public health, safety, and welfare, shall not be relevant to the determination of whether to grant or deny a permit.
(Ord. 13, 2007, passed 5-29-2007)