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12-10-18 Public Works and Property Vacation
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12-10-18 Public Works and Property Vacation
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City Council - City Clerk
City Council - Document Type
Committee Mtg Minutes
City Counci - Date
12/10/2018
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CITY OFSOUTH BEND OFFICE OF THE CLERK <br /> He continued, Like I said earlier, the Tier One (1) neighborhood scale events, we will allow more <br /> flexibility with how those applications can be filed. They can be filed up to fourteen (14) days <br /> before the event. We know that they been approved sometimes and they have needs and we don't <br /> have the capacity and need more time to put these things together. They won't always submit <br /> things months in advance. If they do,they get to pay a lower filing fee but if they do want to submit <br /> up to fourteen(14) days, they pay fifty dollars($50). Less than fourteen(14)days we recommend <br /> not approving only because it is a burden on our staff to try and manage these events. So, they <br /> must file before fourteen (14) days, two (2) weeks in advance. For Tiers Two (2) and Three (3) <br /> which are the City-wide and regional events,the same general idea applies. It is fifty dollars($50) <br /> if they file sixty(60) days before the event and then between thirty(30) and fifty-nine (59) days, <br /> it will be one hundred dollars($100)to file. For more information on demonstrations, I would like <br /> for Aladean to cover this slide(referencing a slide in the presentation). <br /> Aladean DeRose, Assistant City Attorney for the City of South Bend with offices located on the <br /> 12th floor of the County-City Building, stated, Demonstrations are First (1st) Amendment <br /> expressive activities. An expressive activity is one (1) where the idea or the primary purpose of <br /> the activity is the dissemination of ideas,points of view and opinions. Because all of that is guided <br /> by the First(1St) Amendment, it is required to be treated separately. The Supreme Court has made <br /> it clear that one (1) cannot charge for a license or an activity fee for a First (1St) Amendment act. <br /> So, for that reason, the demonstration permit which is required for these types of events is free of <br /> charge. It is required that, if there is an expected crowd of twenty-five (25) persons or more, that <br /> form needs to be sent to the Chief of Police. It is received by the City's Special Event Coordinator <br /> who then forwards it to the Chief of Police. The Chief of Police reviews it and it undergoes their <br /> determination process. The different part of this ordinance that was added was due to some recent <br /> activity nationwide. There is a ban on tools or instruments that could cause bodily injury. That <br /> whole list of those are in the ordinance itself. I believe that list was taken from Lexington, <br /> Kentucky or it may have been Louisville. There may be one(1) from California. It is a list that has <br /> already been used by the City and that has not, at this point, drawn any lawsuits by those affected <br /> by it. There is also a restriction on face coverings. Again, that is consistent with a law in another <br /> state and city. The question was raised about whether there should be an exception for a hajib. The <br /> hajib is a scarf that is worn by women, but it does not cover the face, it covers the hair. The only <br /> thing that would cover the face is the burka and I believe that in light of safety concerns,the burka <br /> would not be protected but the hajib would. <br /> Committeemember Jo M. Broden asked, What about masks? Like Halloween or Marti Gras? <br /> Ms. DeRose replied, Children's masks would not be covered. It probably depends on the type of <br /> mask. If it impacts the identity, then there is a safety reason for disallowing that. <br /> Councilmember Oliver Davis interjected, Even if they're Santa Claus? <br /> Committee Chair Voorde asked,Are you finished with your presentation? <br /> Mr. Kain replied, We have a couple more slides that we will go through quick. We have a section <br /> in the ordinance that is titled Civic Sponsored Special Events. The City also organizes events. Our <br /> Parks Department organizes special events. Event such as those will be categorized as civic- <br /> sponsored special events. They will comply with all the special event regulations but no payment <br /> will be required. We did include a clause where third(3rd)-party events could be considered civic- <br /> EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT <br /> 455 County-City Building 227W Jefferson Bvld South Bend,Indiana 46601 p 574.235.9221 f 574.235.9173 TTD 574.235.5567 www.southbendin.gov <br /> 3 <br />
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