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HomeMy WebLinkAboutD-1328-97 VETOEDOrdinance No. D-1328-97 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA ADDING CHAPTER 6, ARTICLE 4, DIVISION II TO THE CITY OF CARMEL CODE OF ORDINANCES (AS AMENDED FROM ORIGINAL ORDINANCE NO. D-1328-97) WHEREAS, in order to preserve public safety and welfare, it is necessary to provide a uniform process by which permits are granted for public assemblies, parades and block parties. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel that Chapter 6, Article 4, Division II, entitled "Parades, Public Assemblies and Block Parties," is hereby added to the City of Cannel Code of Ordinances, to read as follows: SECTION 6-68 DEFINITIONS: , , , lely by and for the Block Party shall residents of a cert Chief off 'lice ~fPolice of the I dian~l~ in his a acting Chief of Police.: · _ : Carmel, Indiana. ~225oUjation shall mean an organization ,,d by the ~fi'ce of the Mityor as representing City residents from a nct area of '. ' ' ' boundaries. F demonstration, procession or motorcade consisting of persons, animals and/or vehicles upon the streets, parks or other public grounds within the City with an intent of attracting public attention that interferes with or has a tendency to interfere with the normal flow or regulation of traffic upon the streets, parks or other public grounds. of Carmel, '/qq , Permit shall mean a Public Assembly, Parade or Block Party Permit as required by this Division. , Person shall mean any individual pcrson, firm, partnership, association, corporation, company and/or organization of any kind. , Public Assembly shall mean any meeting, demonstration, picket line, rally or gathering of seven (7) or moremorc than fifteen (15) persons for a common purpose as a result .of prior planning that interferes with or has a tendency to interfere with the normal flow or regulation of pedestrian or vehicular traffic or occupies any public area in a place open to the general public, except public meetings as defined by Indiana law. , Sidewalk shall mean any area or way set aside or open to the general public for purposes of pedestrian traffic, whether or not it is paved. 10. Street shall mean any place or way set aside or open to the general public for the purpose of vehicular traffic, including, but not limited to, any berm, shoulder, parkway, right-of-way or median strip thereof. SECTION 6-69 PERMITS 1. PERMIT REQUIRED No person shall engage in or conduct any Public Assembly, Parade or Block Party unless a Permit is issued by the Board of Public Works and Safety ("Board"). 2. EXCEPTIONS This Division shall not apply to the following: a) b) c) d) Funeral processions; Students going to and from school classes or participating in educational and/or civic activities, provided that such conduct is under the immediate direction and supervision of the proper school authorities; A governmental agency acting within the scope of its authority and; Spontaneous events occasioned by news or affairs coming into public knowledge within three (3) days of such Public Assembly, provided that the organizer thereof gives written notice to the City at least twenty-four (24) hours prior to such Public Assembly, Parade or Block Party. 3. APPLICATION b) A person seeking a Permit shall file an application with the Office of the Clerk-Treasurer for presentation to the Board on forms provided by the City. For single, non-recurring Public Assemblies, Parades or Block Parties, an application for a Permit shall be filed with the Office of the Clerk-Treasurer at least fifteen (15) daystcn (10) and not more c) d) than ninety (90)onc hundred eighty (180) days before the proposed date of on which the Public Assembly, Parade or Block Party-is proposed to commencc. The Board may waive this minimum fifteen (15) tcn(10) day filing period if, after due consideration of the date, time, place and nature of the Public Assembly, Parade or Block Party, the anticipated number of participants, and the City services required in connection with the event, the Board determines that the waiver will not present a hazard to public safety. For Public Assemblies, Parades or Block Parties held on a regular or recurring basis at the same location, an application for a Permit covering all such Public Assemblies, Parades or Block Parties during athat calendar quarter (i.e. January through March: April through June: July through September: and, October through December)ye~ may be filed with the Office of the Clerk-Treasurer at least fifteen (15)thirty (30) days. and not more than ninety (90) onc hundred cighty(180) days before the proposed date of on which the first of such Public Assemblies, Parades or Block Parties to be held durin~ such quarter.on or after the cffectivc datc of this Ordinance is proposed to commcncc. The Board may waive this minimum fifteen (15)thirty (30) day period after due consideration of the factors specified in subsection (b) above. The application for a Permit shall set forth the following information, as applicable: , The name, address and telephone number of the person submitting the permit application and/or the person seeking to conduct the Public Assembly, Parade or Block Party; The name, address and telephone number of the headquarters of the organization for which the Public Assembly, Parade or Block Party is to be conducted, if any, and the authorized and responsible heads of the organization; The name, address and telephone number of the person(s) who will be present at the Public Assembly, Parade or Block Party and serve as the point(s) of contact and responsible individual(s) whom the Chief of Police and/or the City' s designee may communicate with during same. The failure of such designated person(s) to be present and reasonably available to the Chief of Police and/or the City' s designee at such Public Assembly, Parade or Block Party shall be grounds for the revocation of the Permit therefore. 85. 124-. 1_4-.3. 15_4. 16_.S. The requested date(s) of the Public Assembly, Parade or Block Party; In the case of a Parade, the route to be traveled, including the starting and termination points; The approximate number of persons who, and animals and vehicles which will, constitute the Public Assembly, Parade or Block Party, as well as the type of such animals and a description of such vehicles; The hours when the Public Assembly, Parade or Block Party will start and terminate; A statement as to whether the Public Assembly, Parade or Block Party will occupy all or only a portion of the width of the street(s) proposed to be traversed; The location, by street, of any assembly areas for the Public Assembly, Parade or Block Party, including: A) The time at which units of the Public Assembly, Parade or Block Party will begin to assemble at such area(s); and B) The intervals of space to be maintained between units of the Public Assembly, Parade or Block Party; If the Public Assembly, Parade or Block Party is designed to be held by, or on behalf of, any person other than the applicant, the applicant for such Permit shall file with the Permit application a letter from such person authorizing the applicant to apply for the Permit on such person' s behalf; The type of Public Assembly, including a description of the activities planned during such event; A description of any recording equipment, sound amplification equipment, banners, signs and/or other attention-getting devices to be used in connection with the Public Assembly, Parade or Block Party; The approximate number of participants (spectators are by definition not participants); The approximate number of spectators; A designation of any public facilities or equipment to be utilized; and Any additional information the Board finds reasonably necessary to a fair determination as to whether a Permit should be issued. e) The person submitting a permit application shall be responsible for updating the information set forth thereon through the filing of amended application in order to provide the City with the most current information with which to make Permit approval, denial and revocation decisions. The failure of such person to do so , FEES within three (3) business days from the date on which such person knew or reasonably should have known that the information set forth on a Permit application was erroneous, inaccurate or incomplete, shall be ~ounds for denial or revocation of the Permit. A non-refundable application fee to cover the administrative costs of processing the Permit shall be paid to the City of Carmel by the applicant when the application is filed. Application fees shall not be waived by the City and shall be charged according to the following schedule: b) SECTION 6-70 Block Party Permit $10.00 Parade Permit for a parade sponsored by and for a Neighborhood Association, the route of which is totally contained within the Neighborhood Association's boundaries $10.00 All Others $50.00 If the application is for the use of any City property or right-of- way, or if any City services shall be required for the Public Assembly, Parade or Block Party, the applicant shall pay, prior to the issuance of a Permit, the charges for those services in accordance with a schedule of service costs approved by the Board by resolution and approved by the Common Council in ordinance form. POLICE PROTECTION; STANDARDS; NON- DISCRIMINATION POLICE PROTECTION The Chief of Police shall determine whether and to what extent additional police protection is reasonably necessary for the Public Assembly, Parade or Block Party for traffic control and public safety. The Chief of Police shall base this decision on the size, location, duration, time and date of the event, the expected sale or service of alcoholic beverages, the number of streets and intersections blocked, and the need to detour or preempt citizen o b) travel and use of streets and sidewalks. The speech content of the event shall not be a factor in determining the amount of police protection necessary. If possible, without disruption of ordinary policy services or compromise of public safety, regularly scheduled on-duty personnel will police the event. If additional police protection for the Public Assembly, Parade or Block Party is deemed necessary by the Chief of Police, the applicant for the Permit shall be so informed. The applicant then shall have the duty to secure the police protection deemed necessary by the Chief of Police at the sole expense of the applicant. Persons engaging in Public Assemblies, Parades or Block Parties conducted for the sole purpose of public issue speech protected under the First Amendment shall not be required to pay for any police protection provided by the City. STANDARDS FOR ISSUANCE OF PERMIT A) The Board shall issue a Permit as provided for herein when, from a consideration of the application and such other information as may otherwise be obtained, the Board finds that: The conduct of the Public Assembly, Parade or Block Party will not substantially interrupt the safe and orderly movement of other pedestrian or vehicular traffic contiguous to its route or location; The conduct of the Public Assembly, Parade or Block Party will not require the diversion of so great a number of City police officers to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection of the City; The concentration of persons, animals and/or vehicles at public assembly points of the Public Assembly, Parade or Block Party will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such Public Assembly, Parade or Block Party; The conduct of the Public Assembly, Parade or Block Party is not reasonably likely to cause injury to persons or property; In the case of a Parade, it is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route; w 10. 11. 12. Adequate sanitation and other required health facilities are or will be made available in or adjacent to any public assembly areas; There are sufficient parking places near the site of the Public Assembly, Parade or Block Party to accommodate the number of vehicles reasonably expected; The applicant has secured the police, if any, required under Section 6-70( 1 )(A) hereof; Such Public Assembly, Parade or Block Party is not for the primary purpose of advertising any product, good or event that is primarily for private profit, and the parade itself is not primarily for private profit. The prohibition against advertising any product, good or event shall not apply to signs identifying organizations or sponsors fumishing or sponsoring exhibits or structures used in a Parade; No Permit application for the same time and location is already granted or has been received and will be granted; No Permit application for the same time but different location is already granted or has been received and will be granted, and the police resources required for that prior Public Assembly, Parade or Block Party are so great that in combination with the subsequent proposed application, the resulting deployment of police services would have an immediate and adverse effect upon the welfare and safety of persons and property; No event is scheduled elsewhere in the City where the police resources required for that event are so great that the deployment of police services for the proposed Public Assembly, Parade or Block Party would have an immediate and adverse effect upon the welfare and safety of persons and property. 3) NON-DISCRIMINATION The Board shall uniformly consider each application upon its merits and shall not discriminate in granting or denying permits under this Ordinance based upon political, religious, national origin, color, age, race, disability, military status, gender and/or any other unlawful grounds. SECTION 6-71 APPLICATION DENIAL; APPEAL 1. NOTICE OF DENIAL OF APPLICATION The Board shall act promptly upon a timely filed Permit application, but in no event shall grant or deny a permit less than forty-eight (48) hours prior to the event. If the Board disapproves an application, it shall notify the applicant either by personal delivery or certified mail at least forty-eight (48) hours prior to the event of its action and state the reasons for the application denial. In addition to the revocation authority of the Chief of Police, as set forth herein, the Board also :reserves the fight to reconsider and revoke any Pem~it previously approved pursuant to this Division should any facts and/or circumstances upon which it based its initial approval thereof subsequently change. If the Board reconsiders and revokes a previously grm~ted Permit, the application denial procedures set forth herein shall apply to such revocation. 2. ALTERNATIVE PERMIT The Board, in denying a Permit application and/or revoking a Permit, may authorize the conduct of the Public Assembly, Parade or Block Party at a date, time, location or route different from that named by the applicant. An applicant desiring to accept an alternate Permit shall, within five (5) days after notice of the action of the Board, file a written notice of acceptance with the Office of the Clerk-Treasurer. An altemate Permit shall conform to the requirements of, and shall have the effect of, a Permit issued under this Division. 3. APPEAL PROCEDURE a) Any applicant shall have the right to appeal the denial and/or revocation of a Permit to the Common Council of the City of Carmel ("Council"). The dcnied applicant shall make such an appeal within five (5) days after the date it receives notice of the application denial or Permit revocation, by filing a written notice with the Clerk-Treasurer. The Council shall act upon the appeal at its next scheduled meeting following receipt of the notice of appeal. b) In the event the Council rejects an applicant's appeal, the applicant may file an immediate request for review with a court of competent jurisdiction. SECTION 6-72 NOTICE; CONTENT; DUTIES 1. NOTICE TO CITY OFFICIALS Immediately upon the issuance of a Permit, the Clerk-Treasurer shall send a copy thereof to the following: , , The Mayor; The City Attomey; The Fire Chief; and, The Chief of Police. CONTENTS OF PERMIT Each Permit shall state the following information: a, c, Starting and approximate ending time; including, in the case of a parade, minimum and maximum speed of parade units and maximum interval between such units; d, The portions of the street(s) that may be occupied by the Public Assembly, Parade or Block Party; The maximum length of the Parade in miles or fractions thereof; and Such other information as the Board and/or the Chief of Police shall find necessary to the enforcement of this Division. DUTIES OF PERMITTEE a, b, SECTION 6-73 An applicant whose Permit is approved shall comply with all Permit directions and conditions and with all applicable laws and ordinances. The Public Assembly, Parade or Block Party chairman or other person heading such activity shall carry the Permit upon his person at all times during the conduct of the Public Assembly, Parade or Block Party. PROHIBITIONS; PUBLIC CONDUCT PROHIBITIONS The following prohibitions shall apply to all Parades, Block Parties and Public Assemblies: It shall be unlawful for any person to stage, present or conduct any Public Assembly, Parade or Block Party without first having obtained a Permit as herein provided; bt Co d, It shall be unlawful for any person to participate in a Public Assembly, Parade or Block Party for which the person knows a Permit has not been granted or has been revoked; It shall be unlawful for any person in charge of, or responsible for the conduct of, a Public Assembly, Parade or Block Party for which a Permit has been issued and not revoked, to knowingly fail to comply with any condition of the Permit; It shall be unlawful for any person to engage in any Public Assembly, Parade or Block Party for which a ;Permit has been issued and not revokedactivity that would constitute a substantial hazard to the public safety or that would materially interfere with or endanger the public peace or rights of any 2Person spcrson rcsidcnts to the quiet and peaceful enjoyment of such ~Person' s pc, rson' s ~ property; It shall be unlawful for any person participating in any Public Assembly, Parade or Block Party for which a ;Permit has been issued. and not revoked to carry or possess any length of metal, lumber, wood, or similar material for purposes of displaying a sign, poster, plaque or notice, unless such object is one-fourth (1/4") inches or less in thickness and two (2") inches or less in width, or if not generally rectangular in shape, such object shall not exceed three-fourths (3/4") inches in its thickest dimension; It shall be unlawful for any person to carry a sign, poster, plaque or notice, whether or not mounted on a length of material as specified in subsection (e) of this Section, unless such sign, poster, plaque or notice is constructed or made of a cloth, paper or cardboard material; It shall be unlawful for any person participating in a Public Assembly, Parade or Block Party for which a Permit has bee:n issued and not revoked to utilize electronic and/or battery-operated sound amplification equipment if the sound generated from or by such equipment is audible at a distance of forty five (45) feet or more from its source. It shall be unlawful for any person to ride, drive or cause to be ridden or driven any animal or any animal-drawn vehicle upon any public street, unless specifically authorized to do so by a validt,.h~e Permit. It shall be unlawful for any person participating in a Public Assembly, Parade or Block Party for which a Ppermit has been 101]102 an entrance or driveway to any residence, business or other building located within the City and/or ten (10) feet from anyone attempting to enter or exit such building when such individual has clearly communicated his/her desire not to communicate with such person, where the purpose or reasonably foreseeable result of such location is to physically abuse, threaten, intimidate, block or interfere with the ingress or egress of persons entering or leaving any such business. PUBLIC CONDUCT DURING PUBLIC ASSEMBLIES, PARADES OR B LOCK PARTIES a, b, c, SECTION 6-74 No person shall unreasonably hamper, obstruct, impede or interfere with any Public Assembly, Parade or Block Party for which a Permit has been issued and not revoked, or with any person, vehicle or animal participating or used in such Public Assembly, Parade or Block Party. No driver of a vehicle shall drive between the vehicles or persons comprising a Public Assembly, Parade or Block Party for which a Permit has been issued and not revoked, when such vehicles or persons are in motion and are conspicuously designated as a Public Assembly, Parade or Block Party. The Chief of Police shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along or adjacent to any street constituting a part of the route of a Public Assembly, Parade or Block Party. The Chief of Police shall post signs to that effect, and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof. No person shall be liable for parking on any street not posted in conformance with this Division. REVOCATIONS; PENALTIES; SEVERABILITY REVOCATION OF PERMIT In addition to the authority of the Board to revoke Permits, as set forth herein.above, -T-the Chief of Police shall also have the authority to revoke a Permit instantly upon violation of the conditions or standards for issuance as set forth in this Division or whenever a public emergency arises where the police resources required for that emergency are so great that deployment of police services for the Public Assembly, Parade or Block Party would have an immediate and adverse effect upon the welfare and safety of persons or property. 2. PENALTIES Any person violating the provisions of any Section of this Division shall be subject to a fine not to exceed two thousand five hundred dollars ($2,500.00). 3. SEVERABILITY If any section, subsection, sentence, clause or phrase of this Division is for any reason held invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Division. All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. This Ordinance shall be in full force and effect from and after the date of its passage, signing by the Mayor, and publication in accordance with state statute. , Notwithstandin~ anything to the contrary set forth hereinabove, no Permit shall be required for any Public Assembly. Parade or Block Party that occurs on any of the fifteen (15) consecutive days that fall immediately after the effective date of this Ordinance. PASSED by the Common Council of the City of Carreel, Indiana this of_f-~. ,Tlt~d,-c'~ 1997 by a vote of "f ayes and (B nays. COMMON COUNCIL FOR THE CITY OF CARME Presiding Offi~ I.,I~~ nt ;~~.~IG _le Rober~ Battreall n ~ ~'Lu ny e ~ day TO: Common Council of the City of Carreel DATE: September 15, 1997 RE: Parades, Public Assemblies and Block Parties, Ordinance No. D-1328-97 The purpose of this ordinance is twofold. First, the city wishes to make certain that public assemblies, demonstrations and gatherings are conducted in a safe manner. The city wishes to ensure that pedestrians, vehicular traffic and others who wish to assemble, for whatever purpose, are safe. This concern is a result of demonstrations and other gatherings that sometimes take place along busy, well-traveled highways in our city. Specifically, there has been a series of demonstrations where young demonstrators on protesting on a sidewalk within a few inches of a five-lane road. These same protesters sometimes carry signs which obstruct the sight of drivers, including many elderly drivers, turning into a five lane street from a private business. The police department is legitimately concerned about the safety of all present. Secondly, the city wishes to have rules limiting the electronic amplification of sound at a public gathering or demonstration. There have been instances where the sound of protesters has been amplified to such an extent by electronic megaphones that complaints have been received from businesses some distance from the site of the protest. Complaints have also been reported from motorists who are startled by the demonstration so close to a major street. The reasons for this ordinance are well-motivated and it is a well-intentioned attempt by city government to ensure that its citizens and guests are safe and commerce is not interrupted. The individuals that prepared this ordinance drew upon the ordinances of other cities for most of its provisions. The end result of this effort, however, is too much government regulation of individual behavior. Even though the intent of this ordinance was to ensure safety and orderly commerce, this type of regulation has, many times in the history of the world, been used to control the content of what can be said. Unscrupulous regulators and officials could use an ordinance such as this to discourage unpopular political views and dissemination of those opinions through a public demonstration. Particularly onerous in the present proposal were the detailed limitations on the size of signs and the charging of a fee before engaging in a public assembly. Since King John I agreed to the demands of his English nobles on the fields of Runnymede in June of 1215, in what became known as the Magna Charta, our tradition of liberty has protected public protest and assembly. We may not agree with the message of the particular protest but must protect the rights of the unpopular minority from the preferences of the majority. These are the principles upon which our government was founded and which are protected by the First Amendment to our federal Constitution, in 1791. The City of Carmel does need to improve upon its ordinances to insure the safety of those engaging in or near the site of a public assembly, in particular those that are carried on next to a busy street. The city further needs to issue reasonable regulations conceming the electronic amplification of sound so that it does not interfere with businesses blocks away from the site of the protest. However, the city must be careful to balance the needed changes in our laws against the fights of our citizens and draft this ordinance in such a way that there is a minimum of government interference. I am ret .,-ning this ordinance to the council, unsigned.