55-18 Amendment adding Article 14 to Chapter 14 to address Special Events in the Public Right of Way

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Special Event and Parade Regulations Ordinance Page 110 Sec. 14-139 Requirements for use of city seal or name. (a) Approval of a special event application shall not constitute the City of South Bend's endorsement of the special event, nor does it entitle the applicant or the event organizer to use the City of South Bend's seal or a facsimile thereof,or the City's flag, or its flag's graphic symbol as part of advertising,promotion, or holding of the special event. (b) An Applicant or event organizer desiring to use the name of the City of South Bend, or its seal or facsimile,or the City's flag, or its flag's graphic symbol for the applicant or event organizer's special event must apply to the Board of Public Works for authorization of such use. Revenue sharing by the applicant or event organizer other than a City Department, Board, Commission or agency is required as a condition of such Board of Public Works approval of the right of use. (c) Prior notice and proof of such notice from the City Clerk is required for an event organizer to use the City seal or facsimile thereof, or the City's flag, or its flag's graphic symbol.16 Sec. 14-140 Regulations addressing demonstrations—Demonstration Form. (a) Any person organizing a demonstration where twenty-five or more persons are reasonably expected to participate shall complete and file a Demonstration Form with the Clerk to the Board of Public Works not less than seventy-two (72) hours in advance of the demonstration. Upon receipt of such completed Demonstration Form,the Clerk shall immediately send it to the Police Chief.There shall be no fees charged to the person providing information about the proposed demonstration for processing this form by the City. (b) No person shall be required to obtain a separate special event permit for a demonstration unless such activity will likely result in the obstruction of City streets and/or sidewalks or will likely compromise the ability of the City to respond to a public safety emergency. (c) If a demonstration is held without a permit,the participating persons shall be required to disperse if the police determine that public safety is being jeopardized because of actual or threatened harm.In such cases,police must communicate the order directing the participating persons to disperse peacefully before taking action to cause such dispersal. (d) Persons participating in or attending a demonstration shall not carry or have on their person tools or implements that could reasonably be used to cause bodily injury to self or to another. Such items specifically include but are not limited to the following:torches,bricks,knives,daggers,swords,machetes, ice picks, shields,nun chucks,helmets,golf clubs,wrist rockets,chains,baseball bats,axes or axe handles, frozen water bottles, aerosol sprays, containers filled with flammable or biohazard material, and sticks, pipes, or slabs of wood which could be used as a weapon. Reasonably sized sticks or pipes used solely to raise and hold flags, signs, or banners are permissible if used for that purpose (1) Public safety officers shall have discretion to determine upon reasonable belief or inference whether other items not specifically listed herein constitute a weapon. (2) Any tool, implement or similar item constituting a weapon in the reasonable opinion of a public safety officer may be confiscated by that officer in the interest of public safety. ie Indiana Code§36-4-10-4 designates the City Clerk as the keeper of the City Seal.