10628-18 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 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?. "Business day" means business hours during the City's routine work week. The City is open Monday through Friday. A"business day"excludes City holidays. "City"means the City of South Bend,Indiana. "Civic sponsored special event"means any official City of South Bend special event designated in Sec. 15- 169 of this Article. "Committee"means the"Special Events Committee"as defined later in this Section. "Cost recovery" means administrative and departmental costs that include fixed costs, direct costs and indirect costs projected to be incurred by the City in conjunction with an event being held. "Cost recovery program" means a fair and reasonable process developed to capture some or all of the administrative and departmental costs incurred by the City in conjunction with a special event. "Demonstration"means any public display, assembly, formation, or procession which for the purpose of expressive activity is: (a) To assemble or travel in union on any street in a manner that does not comply with routine or normal traffic regulations or controls; or (b) To gather on public property location. "Demonstration Form" means the form required under Section 15-167 of this Article to hold a demonstration consisting of twenty-five(25) or more individuals. "Electronic means" is the use of electronic or digital equipment to process, convey, store, or transmit information to or from the City pertaining to this Article, specifically, the application for a special event permit and related information. "Event"means"Special event"as defined later in this Section. '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 Code§ 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.