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 17 (d) Committee meeting to determine issuance or denial of special event permit; applicant presence required. The Special Event Committee shall meet regularly and as frequently as it determines appropriate to discuss and determine whether a special event permit shall be granted and issued. The applicant shall be given reasonable advance electronic notice of the meeting and shall attend the meeting to provide information and answer questions about the special event as the Committee deems appropriate.For persons who may submit applications over the counter, notice of the Committee meeting shall be given by U.S. mail. For purposes of Indiana's Open Door law (Ind. Code §5-14-1.5), a meeting of the Special Event Committee is a public meeting. (e) Denial of permit or issuance of permit with conditions. (1) The Special Event Committee's decision to deny a special event permit shall be in writing with reasons stated for denial,and shall be communicated promptly to the applicant,either in person, by overnight delivery through a carrier that provides proof of delivery, or electronically. Electronic delivery shall also be accompanied by regular surface mail to be posted within 24 hours of electronic notice. (2) The Special Event Committee may deny a special event permit for any of the following reasons or for any other good cause: (i) The applicant supplies false or misleading information; fails to complete the application or to provide other required documents. (ii) The applicant willfully fails to comply with a requirement or Regulation of this Article. (iii) The application is untimely. (iv) The applicant or event sponsor previously engaged in conduct or activity which resulted in jeopardizing the public health, safety or welfare. (v) The proposed event is proximate to another Special Event previously permitted or scheduled such that the City after making reasonable efforts to accommodate both events, is unable to reasonably accommodate both events. (vi) The proposed event would unreasonably disrupt the orderly or safe circulation of traffic so as to present an unreasonable risk of injury or damage to the public. (3) The Special Event Committee may issue a special event permit with conditions placed upon the event in the best interest of public health, safety,or for other reasonable cause. (4) If the Special Event Committee is unable to reach a determination of whether or not to issue a special event permit, it shall refer that application to the Board of Public Works for final determination,and the Board shall act as expeditiously as possible on the application. (f) Review of the Special Event Committee's denial of permit or issuance of conditional permit.An applicant may request administrative review of a Special Event Committee's denial of a special event permit application or may appeal conditions placed by the Committee upon such permit. Review shall be made to the City's Board of Public Works. The request for review must delivered to the City Department of Public Works within three (3) business days from denial or issuance of the conditional permit. Hearing on the request for review shall be placed on the Board of Public Work's next soonest agenda.A request for review shall contain a short,plain,reasonably clear statement of why the Committee's decision should be reversed or amended. A request for review should be filed electronically.