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10628-18 Amendment adding Article 14 to Chapter 14 to address Special Events in the Public Right of Way
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10628-18 Amendment adding Article 14 to Chapter 14 to address Special Events in the Public Right of Way
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12/13/2018 9:55:24 AM
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12/13/2018 9:55:15 AM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
12/10/2018
Ord-Res Number
10628-18
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Special Event and Parade Regulations Ordinance <br /> Page 16 <br /> (v) The proposed event is proximate to another Special Event previously permitted or <br /> scheduled such that the City after making reasonable efforts to accommodate both <br /> events, is unable to reasonably accommodate both events. <br /> (vi) The proposed event would unreasonably disrupt the orderly or safe circulation of <br /> traffic so as to present an unreasonable risk of injury or damage to the public. <br /> (3) The Special Event Committee may issue a special event permit with conditions placed <br /> upon the event in the best interest of public health, safety,or for other reasonable cause. <br /> (4) If the Special Event Committee is unable to reach a determination of whether or not to <br /> issue a special event permit, it shall refer that application to the Board of Public Works for <br /> final determination,and the Board shall act as expeditiously as possible on the application. <br /> (f) Review of the Special Event Committee's denial of permit or issuance of conditional permit.An <br /> applicant may request administrative review of a Special Event Committee's denial of a special event permit <br /> application or may appeal conditions placed by the Committee upon such permit. Review shall be made to <br /> the City's Board of Public Works. The request for review must delivered to the City Department of Public <br /> Works within three (3) business days from denial or issuance of the conditional permit. Hearing on the <br /> request for review shall be placed on the Board of Public Work's next soonest agenda.A request for review <br /> shall contain a short,plain,reasonably clear statement of why the Committee's decision should be reversed <br /> or amended.A request for review should be filed electronically. <br /> (g) Feedback from Applicants. To assist the Special Event Committee in the efficiency of its processing <br /> of special event permit applications,the Special Event Committee shall request applicants to participate in <br /> a post-special event survey. <br /> Sec. 15-162 Limited exception to Special Event Permit requirements. <br /> (a) A special event permit is not required for: <br /> (1) Funeral processions14; <br /> (2) Activities conducted by a governmental agency acting within the scope of its authority, <br /> (3) Lawful picketing on sidewalks15; <br /> (4) Demonstrations which do not involve the use of motor vehicles, animals, fireworks; or <br /> pyrotechnics provided that: <br /> (i) No fee or donation is charged or required as a condition of participation in or <br /> g q p P <br /> attendance at such Demonstration; and <br /> (ii) The Chief of Police of the South Bend Police Department,or his official designee, <br /> is notified at least seventy-two(72)hours in advance of the commencement of the <br /> Demonstration,as further addressed in Section 15-167; <br /> (5) Fireworks display involving the assembly of people gathered on public property for the <br /> primary purpose of watching such fireworks display; <br /> (6) Any parades, exhibitions, or meetings governed by the Board of Park Commissioners <br /> pursuant to South Bend Municipal Code §19-48 et seq. However, the special event <br /> application forms used by the Board of Park Commissioners shall be nearly identical in <br /> substance to the forms used by the Special Event Committee. <br /> (7) A civic sponsored event. However, such event shall comply with any and all other <br /> regulations in this Article or as prescribed by the Special Event Committee or the Board of <br /> Public Works.The organizers of such event shall provide notice of the event to the Special <br /> Event Committee within the deadlines required in this Article along with event plans, and <br /> shall meet with the Special Event Committee for recommendation as to public safety and <br /> logistics. <br /> Sec. 15-163 Filing deadline and fee for special event applications; waiver of strict filing deadline. <br /> (a) No application for a Tier II or Tier III Special Event will be accepted if filed in less than 30 days <br /> of the date the special event is to take place, and no application for a Tier I (neighborhood) special event <br /> will be accepted if filed in less than fourteen(14)days before the special event is to take place.In requesting <br /> 14"Funeral processions"are governed by Indiana Code§9-21-13. <br /> 15"Picketing"and"assembly"are addressed in Indiana Code§22-6-1-4. <br />
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