§ 32-58. Gathering for purpose of public expression.

(a)

The city and the city councilmembers, by and through the city administrator, shall be vested with the responsibility to receive applications for, and to accede to or deny, permits for the conduct in public spaces of demonstrative, informative, celebratory, or other forms of public expression involving ten or more people, hereinafter referred to as an event.

(b)

The city, by and through the city administrator, shall determine to permit or refuse to permit any such conduct in or about public spaces solely on the basis of the factors or combination of factors set out hereinafter, and in light of a presumption that all peaceful expression not inconsistent with goals of this article hereinbefore enumerated, shall be permitted at all reasonable times and places.

(1)

Use of public spaces and facilities. There shall be no demonstrative, informative, celebratory, or other forms of public expression, either fixed or processional, conducted on, over, upon, or burdening the public properties of the city, or employing the facilities thereon, without first being permitted by the city after application is made, according to the requirements set out hereinafter.

(2)

Application. Within no less than 20 days prior to an event, the person associated in fact, whether or not a legally recognized entity, who wishes to conduct such event, shall apply to the city for a permit. Such application shall at a minimum include:

a.

The name and address of the applicant. If the applicant is an association or person in fact or in law, the application shall contain a description of the entity; the name of said entity, if names; the registered or recognized address of the entity, if any; the name of the person making the application on behalf of said entity; such person's relationship to said entity; and some demonstration or recitation of the authority of the person making the application to act on behalf of the entity.

b.

A plan for review by the city, which plan will include:

1.

The anticipated number of persons participating in the event;

2.

The dates of the event;

3.

The hours of each day the event will be conducted;

4.

The exact location of said event, or, if the event is processional or mobile, the route of the event;

5.

Whether sound amplification equipment will be employed;

6.

Whether artificial lighting will be employed;

7.

Whether temporary static structures will be constructed or employed, whether vehicles will be employed, and, if so, a description of same sufficient to permit the city to evaluate the permitting factors set out hereinafter;

8.

A description of provisions necessary to the safety and welfare of the participants in the event and members of the public in the area where the event will be conducted and routes of access thereto and therefrom;

9.

Whether the event will require that the public spaces or facilities to be used or burdened, or the routes and means of access thereto and therefrom, be temporarily diverted from their dedicated or customary uses, or the public or private users thereof be diverted or excluded from or limited in their use or enjoyment of, or their access to or through, said spaces or facilities, before, during, or after the event.

c.

A disclosure as to whether the applicant or entity for whom the application is being made has, in the past, conducted or participated in an event of a substantially similar nature to that which is the subject of the instant application, and, if so, where and when such prior event took place, and whether as a result of such event the applicant or entity became the subject, whether or not the operating under the same name, as plaintiff or defendant, or any legal action, civil, criminal, or administrative.

d.

A disclosure as to whether the applicant or entity for whom the application is being made has defaulted upon or is in arrears as to any judgment, civil, criminal, or administrative rendered against the applicant, or entity, or is in violation of any injunction or restraining order entered against the applicant, or entity, whether or not then operating under the same name, as a result of participation in any prior event or a substantially similar nature to that which is the subject of the instant application, and, if so, a description of said judgment or order and an explanation for noncompliance.

e.

An indemnification and hold harmless agreement in factor of the city, its elected officials, officers, agents and employees, in a form satisfactory to the attorney for the city.

1.

If, as a direct consequence of exigent, unanticipated, or other circumstances beyond the control of the applicant, the applicant is unable to file an application not less than 20 days before an event, nothing herein shall be construed as precluding the filing of an application at a later time, but in such case the time limits for review by the county, and for review and appeal in the case of a denial of a permit, shall remain the same.

2.

Where an event conducted on, over, upon, or burdening properties, or employing the facilities thereon, which is also to substantially involve or take place partly or wholly upon private property with the consent of the owner thereof, such owner or their authorized representatives must join as an applicant for any permit for such event.

(c)

Review by the city.

(1)

Within seven working days of receipt of an application, the city administrator of the city shall review the application in light of all of the contents thereof and the goals, intentions, and presumption of this article as set out hereinbefore, and render a decision and communicate same to the applicant, either permitting the event as planned or denying a permit for same. If the permit is denied, the city administrator shall provide the applicant, in writing, a statement of the reasons therefor. First class mail to the address provided by the applicant, postmarked no more than seven working days after receipt of the application, shall be sufficient for this purpose, though not the exclusive means of notice.

(2)

Nothing in this process shall prevent the city administrator of the city, at his sole option and within the seven-day period for approval or denial, to confer with the applicant with respect to modifications of applicant's plan for the event, and amend the application to reflect such modifications if agreed to by applicant; however, the applicant may neither supplement nor amend its application within said seven-day period except at the invitation of the city. Any attempt to do so sua sponte shall be deemed a separate and new application.

(3)

The city administrator may deny the application for permit upon any of the following reasons or combination of reasons:

a.

The application does not contain all required information, or that information set out is too incomplete, vague, or ambiguous as to prevent full and proper review by the city;

b.

The application contains material omissions, falsehoods, or misrepresentations;

c.

The applicant or entity represented by applicant is incompetent to contract, sue, or be sued;

d.

The person applying lacks authority to represent an entity for which the application is made;

e.

The applicant or entity represented by the applicant has, on prior occasions, damaged public property, or has not paid in full for such damages, or is in arrears as to any judgment civil, criminal, or administrative rendered against the applicant or entity, or is in violation of any injunction or restraining order entered against the applicant or entity, whether under the same name or another;

f.

The applicant or entity represented by the applicant has on prior occasions violated permitting ordinances in connection with events of a substantially similar nature;

g.

The plan of the event, as proposed, would present an unreasonable danger to the health or safety of participants in the event or other members of the public, though not through the agency of any predicted reaction by onlookers or members of the public;

h.

The plan of the event, as proposed, would unduly restrict and/or congest traffic (vehicular or pedestrian) on any of the public roads, rights-of-way, sidewalks, or waterways in the immediate vicinity of such event;

i.

The plan of the event, as proposed, would constitute an unreasonable disturbance of the peace, or would unreasonably burden lawful commerce in the area at the time of the proposed event, or would unreasonably intrude upon the privacy or property of citizens in the area of the proposed event, though not through the agency of any predicted reaction by onlookers or members of the public;

j.

The plan of the event, as proposed, includes activities which are prohibited by laws of the United States, the state, or ordinances of the city, county, or other lawful body or activities which constitute nuisance or tortuous conduct with respect to public or private property or persons.

It is the specific intent of the city in enacting this article to regulate only the time, place and manner or events and not to regulate the content or message of any speech or expressive conduct. The factors enumerated above, which the city finds express and support the substantial and compelling interests of this governing body in the preservation of the right and liberties of its citizens and the safety, health, and good order of its society, are the only basis upon which the city administrator of the city shall decide to issue or deny a permit applied for hereunder, and no such decision shall be made or justified based upon the anticipated or predicted content of the speech or expressive conduct of any applicant.

(d)

Revocation. Notwithstanding the grant of any permit as provided herein, law enforcement authorities shall have the authority to terminate an event at any time, or prevent its initiation, should traffic, weather, or other conditions develop which present an imminent and undue danger to those participating in the event pursuant to said permit, to the public at large, or should any consideration or combination or considerations enumerated herein as a ground for denial of a permit arise or first become apparent to law enforcement authorities after the grant of a permit. If, in preparation for or after the start of an event for which a permit has been issued, participants in said event violate the terms of the permit or deviate in material fashion from the plan submitted in application for the permit, law enforcement authorities shall have the authority to terminate the event.

(e)

Administrative review by the city. Upon receipt of any decision by the city administrator of the city denying an application, the applicant may, within five calendar days, file an appeal of said denial with the city council, which appeal shall be in writing and be sent to city council by certified mail or hand delivery. Upon the receipt of any such appeal, the city administrator shall notify the attorney for the city, who shall promptly, but in case no later than seven calendar days after receipt of the appeal, seek review of the denial of the application in a called meeting of the city council. The city administrator shall have the burden of demonstrating the validity of the denial of the permit as applied for by the applicant. If no appeal is filed by the applicant, there shall be no duty on the part of the city to seek judicial review of the decision at a called meeting of the city council. The city administrator shall have the burden of demonstrating the validity of the denial of the permit as applied for by the applicant. If no appeal is filed by the applicant, there shall be no duty on the part of the city to seek judicial review of the decision of the city administrator. Nothing contained herein shall preclude the applicant from seeking judicial review of a denial of a permit in a court of competent jurisdiction at any time after notification of the decision on the application.

(Code 1985, § 13-132)