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 16 (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. (g) Feedback from Applicants. To assist the Special Event Committee in the efficiency of its processing of special event permit applications,the Special Event Committee shall request applicants to participate in a post-special event survey. Sec. 15-162 Limited exception to Special Event Permit requirements. (a) A special event permit is not required for: (1) Funeral processions14; (2) Activities conducted by a governmental agency acting within the scope of its authority, (3) Lawful picketing on sidewalks15; (4) Demonstrations which do not involve the use of motor vehicles, animals, fireworks; or pyrotechnics provided that: (i) No fee or donation is charged or required as a condition of participation in or g q p P attendance at such Demonstration; and (ii) The Chief of Police of the South Bend Police Department,or his official designee, is notified at least seventy-two(72)hours in advance of the commencement of the Demonstration,as further addressed in Section 15-167; (5) Fireworks display involving the assembly of people gathered on public property for the primary purpose of watching such fireworks display; (6) Any parades, exhibitions, or meetings governed by the Board of Park Commissioners pursuant to South Bend Municipal Code §19-48 et seq. However, the special event application forms used by the Board of Park Commissioners shall be nearly identical in substance to the forms used by the Special Event Committee. (7) A civic sponsored event. However, such event shall comply with any and all other regulations in this Article or as prescribed by the Special Event Committee or the Board of Public Works.The organizers of such event shall provide notice of the event to the Special Event Committee within the deadlines required in this Article along with event plans, and shall meet with the Special Event Committee for recommendation as to public safety and logistics. Sec. 15-163 Filing deadline and fee for special event applications; waiver of strict filing deadline. (a) No application for a Tier II or Tier III Special Event will be accepted if filed in less than 30 days of the date the special event is to take place, and no application for a Tier I (neighborhood) special event will be accepted if filed in less than fourteen(14)days before the special event is to take place.In requesting 14"Funeral processions"are governed by Indiana Code§9-21-13. 15"Picketing"and"assembly"are addressed in Indiana Code§22-6-1-4.