Special Event and Parade Regulations Ordinance
<br /> Page 13
<br /> "Event classificationsi3 are as follows:
<br /> Tier I. Neighborhood—These events attract attendees within the neighborhood. Examples include block
<br /> parties and neighborhood celebrations. Anticipated attendance for these events is 500 persons or fewer.
<br /> Tier II. City—These events attract attendees from all parts of the City. Examples include small races,
<br /> walks,marches,processions,and parades.Anticipated attendance for these events is 1,000 persons or fewer.
<br /> Tier III. Regional—These events attract attendees from the region.Examples include concerts,large races,
<br /> carnivals and fairs. Anticipated attendance for these events is over 1,000 persons.
<br /> Special event application forms correspond to the Tier number of the special event for which a permit is
<br /> sought.
<br /> Persons seeking special event permits will receive and shall complete an application form that corresponds
<br /> to the Tier number by which their proposed special event is classified.
<br /> "Civic sponsored special event"means a special event sponsored by the City.
<br /> "Event organizer" means any person who conducts, manages, promotes, organizes, aids or solicits
<br /> attendance at a special event or parade.
<br /> "Expediting fee"means an additional fee charged by the City when the applicant misses the filing deadline
<br /> requirement and requests the Special Event Committee to act upon an application filed within a shorter
<br /> period of time,causing an expediting of the internal review process required of City departments.
<br /> "Expressive activity"includes conduct,the sole or principal object of which is the expression,dissemination
<br /> or communication by verbal,visual,literary or auditory means of opinion,views or ideas and for which no
<br /> fee or donation is charged or required as a condition of participation in or attendance at such activity. It
<br /> includes public oratory and distribution of literature.'
<br /> "Fixed Routes"5 means those routes approved by the Board of Public Works for 5K and 10K races and
<br /> similar events with an anticipated participation of 1,000 or fewer people which are held on one of the fixed
<br /> routes established by the Board.
<br /> "Full costsi6 include all direct costs and overhead costs incurred by the City for an approved event where
<br /> City personnel and/or City equipment is required or deemed to be necessary.
<br /> "Governmental agency"means any agency or entity of the Federal Government, State of Indiana, or local
<br /> government.
<br /> "Non-profit special event" means a special event which is sponsored by and whose special event net
<br /> revenue (after reasonable costs of holding the event are deducted) will be payable to a corporation,
<br /> partnership, enterprise, association or other cooperative organization having a purpose to further cultural,
<br /> charitable, educational, scientific, religious, literary,amateur sports competition, hobbies, or other similar
<br /> purposes recognized under Section 501(c) of the United States Internal Revenue Code and whose net
<br /> revenue from the special event will be used solely for those purposes. Proof of tax exempt status by the
<br /> U.S. Internal Revenue Service under Section 501(c) (3) (26 U.S.C. Section 501(c) (3)) shall qualify a
<br /> sponsoring organization or entity for treatment as a non-profit Special Event under this Article.
<br /> "Parade"means an orderly procession of many persons, with or without vehicles and/or animals,through
<br /> a public street for a special purpose or in celebration of an event, intended to attract spectators.
<br /> "Procession"means a group of persons or vehicles moving forward in a line or other orderly way especially
<br /> as part of a ceremony, festival, or with a themed purpose such as a march.
<br /> Department of the Treasury Internal Revenue Service Publication 4221-NC identifies in the"Tax-Exempt Organization Reference Chart"the
<br /> following by Code Section whose contributions are deductible:501(cx 1)Instrumentalities of the United States,501(cX3)Religious,Educational,
<br /> Charitable,Literary,Testing for Public Safety,to Foster National or International Amateur Sports Competition,or Prevention of Cruelty to
<br /> Children or Animal Organizations,501(cX8)Fraternal Beneficiary Societies,Orders or Associations,501(cx10)Domestic Fraternal Societies,
<br /> Orders or Associations,501(cx13)Cemetery Companies,501(e)Cooperative Hospital Service Organizations,501(k)Child Care Organizations,
<br /> and 501(n)Charitable Risk Pools.
<br /> ""Expressive activity"is also commonly referred to as"First Amendment Activity".In Forsyth County,Georgia v.Nationalist Movement,505
<br /> 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
<br /> rally;however it cannot violate Free Speech guarantees of the First and Fourteenth Amendments by examining speech content and imposing a fee
<br /> on such activity due to a potential public response to such expressive activity.
<br /> 5 Board of Public Works Resolution No.9-1985 adopted on March 4,1985 established five(5)fixed routes.
<br /> 6 Special Events Program:an Analysis of Costs,Program Development and Recommendations published by the Revenue Bureau of the City of
<br /> Portland,Oregon notes on page Al-15 that"charges for services that benefit specific users should recover full costs,including all direct costs and
<br /> overhead costs."
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