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

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Filed in Clerk's Office OCT 0 3 2018 Bill No. KAREEMAH FOWLER Ordinance No. CITY CLERK,SOUTH BEND,IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, AMENDING, CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 14 ENTITLED SPECIAL EVENT ON PUBLIC PROPERTY REGULATIONS STATEMENT OF PURPOSE AND INTENT With the number of special events held on public property growing each year, such as parades, runs, festivals, and street parties, South Bend has become a true destination venue. These events enhance the overall quality of life and the cultural and economic prosperity of our City, and are to be encouraged. The current information for special events as displayed on the City's website is entitled "Application & Forms-Public Works"and includes information for"Processions:Use for walks,runs,parades,motorcycle rides, or similar events." It refers to Board of Public Works Resolution No. 9-1985 approved on March 4, 1985,which has not been updated since then. Prior to this ordinance certain special events were handled by the Board of Public Works under the category of"block party."This category was defined as either residential or non-residential under Chapter 14,Article 11, Sections 14-93 through 14-95 of the South Bend Municipal Code.Nonresidential block parties included large festival events such as Art Beat, the former Ethnic Festival and similar large public gatherings and celebrations.These large events are referred to in this ordinance as either a"Civic Sponsored Special Event" or as a generic form of"Special Event." To reduce confusion, simplify, and better manage the licensing process for all events on public property, this ordinance repeals South Bend Municipal Code Chapter 14, Article 11,Sections 14-93 through 14-95 addressing block parties,and incorporates within this new Chapter 14, Article 14 the relevant provisions of the repealed Code Article 11 and its Sections regulating "block parties". The Common Council, in collaboration with the City Administration, have worked together to discuss the many details involved with special events held on public property, and especially the many required City services needed to make sure that each event is safe for all to enjoy.An assessment of the costs incurred by the City, in conjunction with goodwill developed, has also been carefully reviewed and discussed. If a proposed event is reasonably anticipated to take place at least in part on public property and is required to have substantial public services involved to deal with the impacts of an event, including but not limited to public safety and public works services, the City has a legitimate public interest in requiring the applicant to share relevant information, and when determined to be reasonably necessary, to help off-set some of burden of the required public services costs from the City's taxpayers. The following special event regulations are aimed at promoting the mutual benefits of the City of South Bend and event organizers. They set forth a process for permitting special events based on best practices effectively used in other communities.The City has a compelling need to coordinate timely the planning of each proposed special event in order to protect public health and safety, and to help reduce the potential impact of noise,congestion,pedestrian and traffic congestion,while guaranteeing the public's rights to free speech and assembly. It is believed that the following special event and parade regulations are in the best interests of the City of South Bend, Indiana.