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ASSEMBLIES, PARADES AND PROCESSIONS
For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ASSEMBLY. Any block party, demonstration, rally, gathering or group of 25 or more persons, animals or vehicles, or a combination thereof, having a common purpose, design or goal, upon any public street, sidewalk, alley or other public place, which assembly substantially inhibits the usual flow of pedestrians or vehicular travel or which occupies any public area, but does not rise to the definition of a special event.
PARADE. Any scheduled walk, demonstration, procession, motorcade consisting of 25 or more persons, animals or vehicles, or a combination thereof, having a common purpose, design, designation or goal upon any public place, which does not comply with normal and usual traffic regulations and controls.
SPECIAL EVENT.
(1) Any of the following activities involving 25 or more persons, animals or vehicles, or a combination thereof, open to the general public taking place on public space that involves a temporary and exclusive use of public space involving a substantial deviation from current legal land use or legal nonconforming use and may include, but not be limited to:
A. Amusements or carnivals;
B. Entertainment;
C. Music by way of sound amplification;
D. Dancing;
E. Dramatic or theatrical productions;
F. Festivals;
G. Parades;
H. Runs, walks, triathlons and bicycle races or rides that will not comply with the normal or usual traffic regulations or controls or are likely to impede, obstruct, impair or interfere with free flow of traffic;
I. Any activity involving the sale of merchandise, food or alcohol;
J. Any activity making use of structures not already present on the public space such as stages, booths, canopies, awnings, risers, bleachers, fences, partitions, stands or similar constructions; and
K. Any activity taking place on public space that may require for its successful execution city services to a degree significantly over and above that routinely provided under ordinary circumstances, as determined by the special events committee.
SPECIAL EVENTS. Shall not include the use of public space by governmental agencies acting within the scope of their authority.
SPONTANEOUS EVENT. An unplanned or unannounced coming together of persons, animals or vehicles as described in this section, which was not contemplated beforehand by any participants therein and which is caused by or in response to unforeseen circumstances or events and which is neither a parade nor as assembly, as defined in this section.
(1992 Code, § 38-133) (Ord. 70-87, passed 8-31-1987; Ord. 55-03, passed 6-16-2003; Ord. 39-12, passed 6-19-2012)
Cross-reference:
Definitions and rules of construction generally, see § 10.002
(a) Permit required; assembly. No person shall conduct, manage or participate in any assembly without a valid permit or outside the provisions of a permit as provided in this subchapter.
(b) Permit required; special event. No person shall hold, sponsor, aid or cause to be held a special event without a valid permit or outside the provisions of a permit as provided in this subchapter.
(c) Exceptions. The provisions of this subchapter shall not apply to or affect funeral processions.
(1957 Rev. Ords., §§ 9.801, 9.805; 1992 Code, § 38-134) (Ord. 15-85, passed 2-19-1985; Ord. 70-87, passed 8-31-1987; Ord. 55-03, passed 6-16-2003; Ord. 39-12, passed 6-19-2012)
Cross-reference:
Driving through procession, see § 76.085
Offenses against public peace, see ch. 131
Offenses, see title XIII
Traffic, see title VII
Special event organizers shall provide occurrence form contractual, personal injury, bodily injury and property damage liability coverage with limits of at least $1,000,000 per occurrence, $2,000,000 general aggregate and $2,000,000 aggregate products and completed operations. The required limit may include excess liability (umbrella) coverage. The policy shall name the city and its representatives as an additional insured. If “occurrence form” insurance is not available, “claims made” insurance will be acceptable. The city attorney and the office of risk management shall review the insurance coverage and may reject insurance that does not comply with this section. The permittee shall provide the declarations page or a copy of any policy, complete with endorsements, upon the request of the city attorney or the office of risk management.
(Ord. 39-12, passed 6-19-2012)
Any person desiring to conduct an assembly or special event shall not less than 60 days prior to the start date of a Class 2 or higher special event, not less than 30 days prior to the start date of a Class 3 or lower special event, and not less than 48 hours prior to the start of an assembly, file an application with the city upon a form to be furnished by the city, which application shall set forth the following:
(a) The name, address and telephone number of the person responsible for the assembly or special event. If the sponsor includes a sponsoring organization or corporation of any kind, the applicant shall provide the name and address of the person within the sponsoring organization who will be responsible for the assembly or special event requested as well as the name, address and telephone number of the organization;
(b) The nature of the proposed assembly or special event;
(c) The date, hours and location requested;
(d) An agreement to save and keep the city free and harmless from any and all loss or damages or claims for damages, including attorney’s fees and litigation costs, arising from or out of the assembly or special event;
(e) An agreement to comply with all related municipal ordinances, rules, regulations and other applicable laws; and
(f) Other pertinent information as may be requested.
(1992 Code, § 38-135) (Ord. 15-85, passed 2-19-1985; Ord. 39-12, passed 6-19-2012)
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