HomeMy WebLinkAboutBPW-09-16-15-02 - Amending the Facility Use PolicyRESOLUTION NO. BPW-09-16-15-02
RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY TO
AMEND ITS FACILITY USE POLICY
WHEREAS, the City of Carmel, Indiana ("City"), has a central purpose of preserving and
protecting the health, safety and welfare of the general public; and,
WHEREAS, the City, pursuant to Indiana Code § 36-8-2-9, has the power to regulate public
gatherings, such as shows, demonstrations, fairs, conventions, sporting events and exhibitions; and,
WHEREAS, the City's Board of Public Works and Safety (the "Board"), pursuant to Indiana
Code 36-9-6, has the duty to supervise and maintain the City's property, public streets and public
grounds; and,
WHEREAS, the Board exercises this power by requiring the organizers of events taking place on
city property, streets or grounds to obtain the approval of the Board prior to holding an event; and,
WHEREAS, the Board finds it is in the public interest to now amend its facility use policy to
better protect the public health, safety and welfare of its citizens and guests.
NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and
Safety as follows:
Section 1. The foregoing Recitals are incorporated herein by this reference.
Section 2. Definitions.
For the purpose of this Resolution, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
City- The City of Carmel, Indiana
Event- A Parade or Special Event.
Events Coordinator- The person or persons designated by the City as being responsible for
overseeing the City's Event application process and For acting as a liaison between an Event Organizer
and the City.
Event Organizer- The person designated as the authorized point of contact for the individual or
organization seeking to hold an Event in the City.
This Resolution was prepared by Jon Oberlander, Carmel Assistant City Attorney, on September 8, 2015 at 10:30 a.m. No
subsequent revision to this Resolution has been reviewed by Mr. Oberlander for legal sufficiency or otherwise.
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Parade- Any march, demonstration, procession, gathering, or motorcade consisting of persons,
animals, andlor vehicles upon any public street or roadway within the City's corporate limits that
interferes with the safe and normal flow of traffic upon the same.
Special Event- Any activity or gathering of persons sponsored or organized by any organization or
individual other than the City that seeks to use any portion of public property for a period of time to the
exclusion or restriction of said use by other members of the general public, as well as any activity or
gathering of persons sponsored or organized by any organization or individual other than the City that is
held on private property but that is open to the public and that is required to engage public safety
personnel for crowd control, fire, emergency medical, and/or safety concerns.
Section 3. Public Safety Personnel at Events.
'1'o the extent the same is covered by this Resolution, prior to the holding of any Event within the City's
corporate limits, the Event Organizer shall contact the Events Coordinator to determine the need for
police, fire and/or EMS protection for or at the Event. In the event that police, fire and/or EMS protection
is required for or at an Event, only sworn members of the City's police and/or fire department or any
Hamilton County Safety Department shall be utilized unless otherwise approved by this Board. If
sufficient City and/or Hamilton County public safety personnel are not available on the proposed date of
an Event, the Board shall grant an otherwise acceptable Event application for another date on which
sufficient safety personnel are available. Any violation of this provision shall result in the denial or
rescission of the Board's permission to hold the Event.
Section 4. Exceptions
This Resolution and the policies and procedures contained herein do not restrict the right of a free people
to peacefully and lawfully assemble and petition their government or apply to the extent that they are
determined by a court of competent jurisdiction to violate any applicable law.
Section 5. This Resolution is effective upon its passage.
This Resolution was prepared by Jon Oberlander, Carmel Assistant City Attorney, on September 8, 2015 at 10:30 a.m. No
subsequent revision to this Resolution has been reviewed by Mr. Oberlander for legal sufficiency or otherwise.
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SO RESOLVED this
day of
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
PADoevd
James Brainard, Presiding Officer
ate:
Mary Ann urk M m er
Date: J J4S
Lori S. Watson ibex
Date:
ATTEST:
Diana Cordray, IMC
Date:
,201.
This Resolution was prepared by Jon Oberlander, Carmel Assistant City Attorney, on September 8, 2015 at 10:30 a.m. No
subsequent revision to this Resolution has been reviewed by Mr. Oberlander for legal sufficiency or otherwise.
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