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 14 Persons seeking special event permits will receive and shall complete an application form that corresponds to the Tier number by which their proposed special event is classified. "Civic sponsored special event"means a special event sponsored by the City. "Event organizer" means any person who conducts, manages, promotes, organizes, aids or solicits attendance at a special event or parade. "Expediting fee"means an additional fee charged by the City when the applicant misses the filing deadline requirement and requests the Special Event Committee to act upon an application filed within a shorter period of time, causing an expediting of the internal review process required of City departments. "Expressive activity"includes conduct,the sole or principal object of which is the expression,dissemination or communication by verbal,visual,literary or auditory means of opinion,views or ideas and for which no fee or donation is charged or required as a condition of participation in or attendance at such activity. It includes public oratory and distribution of literature.' "Fixed Routes"5 means those routes approved by the Board of Public Works for 5K and 10K races and similar events with an anticipated participation of 1,000 or fewer people which are held on one of the fixed routes established by the Board. "Full costsi6 include all direct costs and overhead costs incurred by the City for an approved event where City personnel and/or City equipment is required or deemed to be necessary. "Governmental agency"means any agency or entity of the Federal Government, State of Indiana, or local government. "Non-profit special event" means a special event which is sponsored by and whose special event net revenue (after reasonable costs of holding the event are deducted) will be payable to a corporation, partnership, enterprise, association or other cooperative organization having a purpose to further cultural, charitable, educational, scientific, religious, literary, amateur sports competition, hobbies, or other similar purposes recognized under Section 501(c) of the United States Internal Revenue Code and whose net revenue from the special event will be used solely for those purposes. Proof of tax exempt status by the U.S. Internal Revenue Service under Section 501(c) (3) (26 U.S.C. Section 501(c) (3)) shall qualify a sponsoring organization or entity for treatment as a non-profit Special Event under this Article. "Parade"means an orderly procession of many persons,with or without vehicles and/or animals,through a public street for a special purpose or in celebration of an event,intended to attract spectators. "Procession"means a group of persons or vehicles moving forward in a line or other orderly way especially as part of a ceremony, festival, or with a themed purpose such as a march. "Profit special event"means a special event which is sponsored by and whose net revenue from the special event is not payable to an entity or entities described in the definition for"non-profit Special Event"under this Article. ""Expressive activity"is also commonly referred to as"First Amendment Activity".In Forsyth County,Georgia v.Nationalist Movement,505 U.S. 123(1992),the U.S.Supreme Court held that a government may impose a permit requirement on those wishing to hold a march,parade,or rally;however it cannot violate Free Speech guarantees of the First and Fourteenth Amendments by examining speech content and imposing a fee on such activity due to a potential public response to such expressive activity. 5 Board of Public Works Resolution No.9-1985 adopted on March 4,1985 established five(5)fixed routes. 6 Special Events Program:an Analysis of Costs,Program Development and Recommendations published by the Revenue Bureau of the City of Portland,Oregon notes on page A1-15 that"charges for services that benefit specific users should recover full costs,including all direct costs and overhead costs."