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ORDINANCE N4. ~ ~ ~ ~ " `~ <br />STATEMENT OF PURPOSE AND INTENT <br />City of South Bend parks are used for many kinds of gatherings, such as family picnics, <br />sporting events, and memorial services. Article 3 of Chapter 19 of the South Bend Municipal <br />Code governs the use of the South Bend parks and provides a procedure for an individual or <br />group to obtain a permit for the use of a park. In order to both prevent unnecessary public safety <br />problems from arising while at the same time ensuring the constitutional right of the assembly of <br />the citizens are met, the Board of Park Commissioners should be given the power and <br />opportunity to take public safety date into account when granting permits, and if appropriate, <br />change the date or location requested accordingly. The amendments set forth in this ordinance <br />will accomplish those objectives without damaging either the right to assembly or public safety. <br />NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE <br />CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: <br />SECTION I. Chapter 19, Article 3, Section 19-48 shall be amended to read as follows: <br />Sec. 19-48. Meetings, exhibitions, parades, racing, etc. <br />(a) No person shall erect any structure, stand or platform, or exhibit any dramatic <br />performance, or the performance in whole or in part of any interlude, tragedy, comedy, opera, <br />ballet, play, farce, minstrelsy, dancing, rock festival, musical concert, entertainment, motion <br />picture, public fair, circus, juggling, ropewalking or any other acrobatics, or show of any kind or <br />nature, or parade, drill or maneuver of any kind, or run or race or other animal, being in or on or <br />[attached] to a vehicle, or race with another vehicle or horse whether such a race is founded on <br />any stake, bet or otherwise, or hold any athletic contest, in any park or upon any park-street <br />except by permit. <br />(b) The Board ,hull issue such permit, upon application, when it is <br />consistent with the proper use and protection of the park property as set <br />forth below: and refuse same when inconsistent with the proper use and protection of the park <br />property <br />(c) No person shall erect any structure, stand or platform, hold any meeting, perform any <br />ceremony, make a speech, address or oration, or exhibit or distribute any sign, placard, notice, <br />declaration or appeal of any kind or description, in any park or upon any park-street except by <br />