Chapter 4.98
CONSTITUTIONALLY PROTECTED EVENTS
Sections:
4.98.010 Definitions.
4.98.020 Permit required.
4.98.030 Grounds for denial of application.
4.98.040 Permit conditions – Appeal.
4.98.050 Revocation of permits.
4.98.060 Violation – Penalty.
4.98.070 Savings clause.
4.98.010 Definitions.
A. “Constitutionally protected events” include any event, such as political or religious activity, intended primarily for the communication or expression of ideas that is to be conducted on public property or on a public right-of-way; and, also, any such event held on private property which would have a direct significant impact on traffic congestion or traffic flow to and from the event over public streets or rights-of-way; or which would significantly impact public streets or rights-of-way near the event; or which would significantly impact the need for city-provided emergency services, such as police, fire or medical aid.
B. “Use” shall mean to construct, erect, or maintain in, on, over or under any street, right-of-way, park or other public place any building, structure, sign, equipment or scaffolding, to deface any public right-of-way by painting, spraying or writing on the surface thereof, or to otherwise occupy in such a manner as to obstruct the normal public use of any public street, right-of-way, park or other public place within the city, including a use related to special events. [Ord. 3661 § 1, 2007].
4.98.020 Permit required.
A. A permit from the city is required for any constitutionally protected events as defined in this chapter. Such permit shall be in lieu of any other city permit, including but not limited to parade, street use and park use permits as they may be required by ordinance.
B. Contents of Application. The applicant must file the application in writing on a form supplied by the city to the license officer, setting forth:
1. Contact information of the applicant, including but not limited to name, telephone number and address;
2. The date, time, and expected duration of the event;
3. The probable number of participants;
4. The place or route of the event, including a map and written narrative of the proposed route;
5. A description of all public ways proposed to be blocked;
6. A description of the measures to be taken to protect participants and the general public from injury, including traffic control and crowd control, emergency medical services, fire and life safety services and emergency communication systems;
7. A description of the measures to be taken to ensure cleanup of any litter or damage resulting from the event;
8. The number and location of portable sanitation facilities, if any;
9. A certification that the applicant will be financially responsible for any cost to the city resulting from breach of any condition of the permit;
10. A certification that the applicant will not sponsor or encourage any commercial activity unrelated to First Amendment rights during the event;
11. A description of the types and number of vehicles to be used in the special event;
12. Insurance and surety bond information, if any;
13. Any other additional information required to ensure public health, safety and welfare.
C. A constitutionally protected event permit is not required for the following:
1. Parades, athletic events or other special events that occur exclusively on city property and are sponsored or conducted in full or in part by the city.
2. Funeral and wedding processions.
3. Groups required by law to be so assembled.
4. Gatherings of 30 or fewer people in a city park, unless merchandise or services are offered for sale or trade.
5. Other similar events and activities which do not directly affect or use city services of property.
D. Any person desiring to obtain a constitutionally protected event permit shall apply for such a permit by filing an application with the city at least 60 days prior to the date on which the event is to occur.
E. Waiver of Application Deadline. Upon a showing of good cause or at the discretion of the city, the city shall consider an application that is filed after the filing deadline if there is sufficient time to process and investigate the application and obtain police and other city services for the event. Good cause can be demonstrated by the applicant showing that the circumstance that gave rise to the permit application did not reasonably allow the participants to file within the time prescribed. [Ord. 3661 § 1, 2007].
4.98.030 Grounds for denial of application.
A. The city may deny an application for a constitutionally protected event permit if:
1. The applicant provides information that is false, misleading, or nonexistent in any material detail; the applicant fails to complete the application or to supply other required information or documents; or the applicant declares or shows an unwillingness or inability to comply with the reasonable terms or conditions contained in the proposed permit;
2. The proposed event would conflict with another proximate event, interfere with construction or maintenance work in the immediate vicinity, or unreasonably infringe upon the rights of abutting property;
3. The proposed event would unreasonably disrupt the orderly or safe circulation of traffic as would present an unreasonable risk of injury or damage to the public; or
4. The proposed event would engage in, advocate, or encourage illegal activities that threaten and endanger public health, safety and welfare.
B. In the event subsection (A)(2) or (3) of this section applies, the city shall offer the applicant the opportunity to submit an alternative date or place for the proposed event before denying the application. [Ord. 3661 § 1, 2007].
4.98.040 Permit conditions – Appeal.
A. The city may condition the issuance of a constitutionally protected event permit by imposing reasonable requirements concerning the time, place and manner of the event, and such requirements as are necessary to protect the safety and rights of persons and property, and the control of traffic. The following conditions apply to all constitutionally protected event permits:
1. Alteration of the time, place and manner of the event proposed on the event application.
2. Conditions concerning the area of assembly and disbanding of an event occurring along a route.
3. Conditions concerning accommodation of pedestrians or vehicular traffic, including restricting the event to only a portion of the street or right-of-way.
4. Conditions concerning cleanup and restoration of areas used for the permitted event upon conclusion.
5. Compliance with any other applicable federal, state or local law or regulation.
B. The applicant shall have the right to appeal the denial of a permit or a permit condition. A written notice of appeal shall be filed within three business days after receipt or personal delivery of a notice of denial or permit conditions from the city. Receipt of notice of denial or permit conditions shall be presumed three days after the same is mailed with USPS postage prepaid and certified. The written notice of appeal shall set forth the specific grounds for the appeal and attach any relevant documents for consideration. The hearing examiner shall hear the appeal on the record provided from the designated city official and upon public comment given at the scheduled hearing before the examiner. The hearing shall be scheduled for the earliest possible hearing date after receipt of a timely and proper notice of appeal. The decision of the hearing examiner shall be final. [Ord. 3661 § 1, 2007].
4.98.050 Revocation of permits.
A. Any permit issued under this chapter may be summarily revoked by the city at any time when, by reason of disaster, public calamity, riot or other emergency or exigent circumstances, the city determines the safety of the public or property requires such immediate revocation. The city may also summarily revoke any permit issued pursuant to this chapter if the city finds that the permit has been issued based upon false information or when the permittee exceeds the scope of the permit or fails to comply with any condition of the permit.
B. Notice of such action revoking a permit shall be delivered in writing to the permittee by personal service or certified mail at the address specified by the permittee in the application. To the extent that written notice by personal service or certified mail is not likely to achieve timely actual notice, any other reasonable form of notification intended to achieve the same shall suffice. [Ord. 3661 § 1, 2007].
4.98.060 Violation – Penalty.
A. It shall be unlawful for any person to sponsor or conduct an event requiring a constitutionally protected event permit pursuant to this chapter unless a valid permit has been issued and remains in effect for the event. It is unlawful for any person to participate in such an event with the knowledge that the sponsor of the event has not been issued a required, valid permit or with knowledge that a once-valid permit has expired or been revoked.
B. The constitutionally protected event permit authorizes the permittee/sponsor to conduct only such an event as is described in the permit, and in accordance with the terms and conditions of the permit. It is unlawful for the permittee/sponsor to willfully violate the terms and conditions of the permit, or for any event participant with knowledge thereof to willfully violate the terms and conditions of the permit or to continue with the event if the permit is revoked or expired.
C. Any person or organization violating the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to a penalty of a fine of not more than $500.00 or by imprisonment of not more than 90 days, or both such fine and imprisonment. [Ord. 3661 § 1, 2007].
4.98.070 Savings clause.
If any section, sentence, clause, phrase, part or portion of this chapter is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. [Ord. 3661 § 1, 2007].