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
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