Substitute 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 12 Section I. Chapter 14 of the South Bend Municipal Code which is entitled "Specific Public Safety Regulations"is amended by the inclusion of new Article 15,which shall read in its entirety as follows: Article 15. Special Event on Public Property Regulations. Division I.Regulations of General Application. Sec. 15-157 Title. This Article shall be known as the "Special Event on Public Property Regulations". Sec. 15-158 Purposes.' (a) It is recognized that special events on public property provide opportunities to enhance the City of South Bend and provide benefits to the citizens through the creation of unique venues for expression and entertainment, which may not routinely be provided as a part of governmental services. (b) It is the purpose of this Article to establish fair and reasonable processes for permitting special events conducted by the private sector to use City streets, sidewalks, facilities and/or services. (c) It is acknowledged that a coordinated process for the regulation is necessary in order to protect the public health, safety and welfare of the city, the patrons, participants, and attendees of special events, and to protect the rights and interests which are granted to special event permit holders. (d) These regulations create a fair and reasonable cost recovery program. Being mindful of City taxpayer concerns, the anticipated costs related to the City providing substantial public services are calculated and shared equitably by the involved parties requesting to hold a special event. (e) These regulations are further intended to protect the rights of citizens who wish to engage in constitutionally protected free speech expressive activities, based on the least restrictive and reasonable time,place and manner regulations of those activities. Sec. 15-159 Definitions. As used in this Article: "Applicant"means the person or group sponsoring or organizing a special event who is required to apply for a Special Event Permit. "Application fee"is a non-refundable amount charged by the City to help cover part of the administrative cost of processing the permit application through the City's internal review process. It is separate from any other charges and/or cost which may be required by City regulations. "Block party"also referred to as "residential block party"means a public assembly sponsored solely by and limited to the actual residents of a block or blocks on a certain street. "Board of Public Works"means the board referred to in Section 2-50 of the South Bend Municipal Code. Indiana Code§36-1-3-2 provides in the Home Rule statute that units of government are granted"all the powers that they need for the effective operation of government as to local affairs".Indiana Code§36-1-4-11 authorizes the passage and enforcement of ordinances,with Indiana Codes 36-1-6-1 et seq.setting forth further enforcement powers and duties. 2 Indiana Code§36-4-9-5 authorizes the establishment of a board of public works.