HomeMy WebLinkAbout55-18 Amendment adding Article 14 to Chapter 14 to address Special Events in the Public Right of Way 1200 COUNTY-CITY BUILDING ipU TH B� P�IONE 574/235-9241
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CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR
DEPARTMENT OF LAW
STEPHANIE STEELE AI.ADEAN M.DEROSE
CORPORATION COUNSEL CITY ATTORNEY
October 3,2018
F Filed in Clerk's Office
Mr.Tim Scott OCT 0 3 2018
President
South Bend Common Council KAREEMAH FOWLER
Fourth Floor, County City Building CITY CLERK,SOUTH BEND,IN
South Bend,IN 46601
Re: An Ordinance To Amend the South Bend Municipal Code By Adding a New Article 14 to Chapter 14 Addressing
Special Events in the Public Right of Way
Dear Council President Scott:
The attached bill for filing with the Common Council is the result of considerable thought and discussion
concerning how best to achieve cost equity and greater efficiency for large events held in the public right of way. It
reflects ideas of both the Common Council and City administration. Similar legislation from other municipalities
within and outside Indiana was reviewed and considered.This ordinance has also been reviewed by Council's attorney
Robert Palmer who made many helpful suggestions. Credit,too, must also be given to the Council's former attorney,
Kathleen Cekanski Farrand, who reviewed numerous ordinances from other communities nationwide, and who
developed the essential structure of this ordinance.
Special events such as festivals,runs,parades,and street parties generate public enthusiasm and promote the
City's cultural and economic prosperity. Simultaneously, they generate substantial cost in personnel, materials and
other City resources. The attached bill allocates the cost of these events in a more equitable manner than previously
by creating a three tier system for apportioning costs, and further, by classifying event applicants as non-profit and
profit to determine how much direct cost a specific applicant should assume and pay.
Tier III is an event expected to attract regional crowds;Tier II is an event expected to attract city-wide crowds;
and Tier I is an event limited to a local neighborhood.Tier I events are usually block parties,and no costs beyond the
application fee are imposed on Tier I events.
Non-profit organizations are exempt from payment of costs in Tier II and Tier III events up to the sum of
$1,400 while profit organizations are required to pay all costs. The average total cost to the City of a Tier II and Tier
III event is estimated to be in the range of$1,400, most of which are personnel costs-- primarily of public safety
officers.
ELLIOT A.ANDERSON SANDRA KENNEDY THOMAS PANOWICZ
ASHLEY MILLS COLBORN CLARA MC DANIELS DANIELLE WEISS
Council President Tim Scott
October 3,2018
Page 2
Another change to the previous process is the creation of a Special Events Committee consisting of five
members from the most affected City departments. This Committee is responsible for the decision to issue a special
event permit. Implementation of a committee review process is expected to result in reasonably prompt and thorough
decisions with greater convenience to applicants.
This ordinance also provides for special events involving free expression protected by the First Amendment
of the United States and Indiana constitutions. No fee is imposed for these events, but sponsors are required to
submit an application to hold the event in the public right of way. Specific weapons and facial coverings are restricted
for such events in light of recent national occurrences where law enforcement officers were placed at risk during such
events. The restrictions in weapons and face coverings contained in this ordinance were taken from laws from other
cities.
The persons expected to participate in the presentation of this ordinance to the Common Council are Jitin
Kain, Chief Scott Ruszkowski or his designee. I will be present for legal questions. Mayor Pete's chief of staff Ms.
Laura O'Sullivan and/or deputy chief of staff Suzanna Fritzberg may also participate.
Thank you for your assistance. We look forward to working with the Council in the adoption of this
ordinance.
Sincerely,
Aladean DeRose,City Attorney
c: Council member Karen White
jitin Kain
Laura O'Sullivan
Suzanna Fritzberg
Council Attorney Robert Palmer
Corporation Counsel Stephanie Steele
2
Filed in Clerk's Office
OCT 0 3 2018
Bill No.
KAREEMAH FOWLER
Ordinance No. CITY CLERK,SOUTH BEND,IN
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA,
AMENDING, CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION
OF NEW ARTICLE 14 ENTITLED SPECIAL EVENT ON PUBLIC PROPERTY
REGULATIONS
STATEMENT OF PURPOSE AND INTENT
With the number of special events held on public property growing each year, such as parades, runs,
festivals, and street parties, South Bend has become a true destination venue. These events enhance the
overall quality of life and the cultural and economic prosperity of our City, and are to be encouraged.
The current information for special events as displayed on the City's website is entitled "Application &
Forms-Public Works"and includes information for"Processions:Use for walks,runs,parades,motorcycle
rides, or similar events." It refers to Board of Public Works Resolution No. 9-1985 approved on March 4,
1985,which has not been updated since then.
Prior to this ordinance certain special events were handled by the Board of Public Works under the category
of"block party."This category was defined as either residential or non-residential under Chapter 14,Article
11, Sections 14-93 through 14-95 of the South Bend Municipal Code.Nonresidential block parties included
large festival events such as Art Beat, the former Ethnic Festival and similar large public gatherings and
celebrations.These large events are referred to in this ordinance as either a"Civic Sponsored Special Event"
or as a generic form of"Special Event." To reduce confusion, simplify, and better manage the licensing
process for all events on public property, this ordinance repeals South Bend Municipal Code Chapter 14,
Article 11,Sections 14-93 through 14-95 addressing block parties,and incorporates within this new Chapter
14, Article 14 the relevant provisions of the repealed Code Article 11 and its Sections regulating "block
parties".
The Common Council, in collaboration with the City Administration, have worked together to discuss the
many details involved with special events held on public property, and especially the many required City
services needed to make sure that each event is safe for all to enjoy.An assessment of the costs incurred by
the City, in conjunction with goodwill developed, has also been carefully reviewed and discussed. If a
proposed event is reasonably anticipated to take place at least in part on public property and is required to
have substantial public services involved to deal with the impacts of an event, including but not limited to
public safety and public works services, the City has a legitimate public interest in requiring the applicant
to share relevant information, and when determined to be reasonably necessary, to help off-set some of
burden of the required public services costs from the City's taxpayers.
The following special event regulations are aimed at promoting the mutual benefits of the City of South
Bend and event organizers. They set forth a process for permitting special events based on best practices
effectively used in other communities.The City has a compelling need to coordinate timely the planning of
each proposed special event in order to protect public health and safety, and to help reduce the potential
impact of noise,congestion,pedestrian and traffic congestion,while guaranteeing the public's rights to free
speech and assembly.
It is believed that the following special event and parade regulations are in the best interests of the City of
South Bend, Indiana.
Special Event and Parade Regulations Ordinance
Page 12
Now, Therefore,Be It Ordained by the Common Council of the City of South Bend,Indiana, as follows:
Section I. Chapter 14 of the South Bend Municipal Code which is entitled "Specific Public Safety
Regulations"is amended by the inclusion of new Article 14,which shall read in its entirety as follows:
Article 14. Special Event on Public Property Regulations.
Division I. Regulations of General Application.
Sec. 14-130 Title.
This Article shall be known as the "Special Event on Public Property Regulations".
Sec. 14-131 Purposes.'
(a) It is recognized that special events on public property provide opportunities to enhance the City of
South Bend and provide benefits to the citizens through the creation of unique venues for expression and
entertainment, which may not routinely be provided as a part of governmental services.
(b) It is the purpose of this Article to establish fair and reasonable processes for permitting special
events conducted by the private sector to use City streets, sidewalks, facilities and/or services.
(c) It is acknowledged that a coordinated process for the regulation is necessary in order to protect the
public health, safety and welfare of the city,the patrons,participants, and attendees of special events, and
to protect the rights and interests which are granted to special event permit holders.
(d) These regulations create a fair and reasonable cost recovery program. Being mindful of City
taxpayer concerns, the anticipated costs related to the City providing substantial public services are
calculated and shared equitably by the involved parties requesting to hold a special event.
(e) These regulations are further intended to protect the rights of citizens who wish to engage in
constitutionally protected free speech expressive activities, based on the least restrictive and reasonable
time,place and manner regulations of those activities.
Sec. 14-132 Definitions.
As used in this Article:
"Applicant"means the person or group sponsoring or organizing a special event who is required to apply
for a Special Event Permit.
"Application fee"is a non-refundable amount charged by the City to help cover part of the administrative
cost of processing the permit application through the City's internal review process.It is separate from any
other charges and/or cost which may be required by City regulations.
"Block party"also referred to as "residential block party"means a public assembly sponsored solely by
and limited to the actual residents of a block or blocks on a certain street.
Indiana Code§36-1-3-2 provides in the Home Rule statute that units of government are granted"all the powers that they need for the effective
operation of government as to local affairs".Indiana Code§36-1-4-11 authorizes the passage and enforcement of ordinances,with Indiana Code§
36-1-6-1 et seq.setting forth further enforcement powers and duties.
Special Event and Parade Regulations Ordinance
Page 13
"Board of Public Works"means the board referred to in Section 2-50 of the South Bend Municipal Code 2.
"Business day" means business hours during the City's routine work week. The City is open Monday
through Friday. A"business day"excludes City holidays.
"City"means the City of South Bend, Indiana.
"Civic sponsored special event"means any official City of South Bend special event designated in Sec. 14-
142 of this Article.
"Committee"means the"Special Events Committee"as defined later in this Section.
"Cost recovery" means administrative and departmental costs that include fixed costs, direct costs and
indirect costs projected to be incurred by the City in conjunction with an event being held.
"Cost recovery program" means a fair and reasonable process developed to capture some or all of the
administrative and departmental costs incurred by the City in conjunction with a special event.
"Demonstration"means any public display, assembly, formation, or procession which for the purpose of
expressive activity is:
(a) To assemble or travel in union on any street in a manner that does not comply with routine
or normal traffic regulations or controls; or
(b) To gather on public property location.
"Demonstration Form" means the form required under Section 14-140 of this Article to hold a
demonstration consisting of twenty-five(25)or more individuals.
"Electronic means" is the use of electronic or digital equipment to process, convey, store, or transmit
information to or from the City pertaining to this Article, specifically, the application for a special event
permit and related information.
"Event"means"Special event"as defined later in this Section.
"Event classifications'd are as follows:
Tier I. Neighborhood—These events attract attendees within the neighborhood. Examples include block
parties and neighborhood celebrations. Anticipated attendance for these events is 500 persons or fewer.
Tier II. City—These events attract attendees from all parts of the City. Examples include small races,
walks,marches,processions,and parades.Anticipated attendance for these events is 1,000 persons or fewer.
Tier III. Regional—These events attract attendees from the region.Examples include concerts,large races,
carnivals and fairs.Anticipated attendance for these events is over 1,000 persons.
Z Indiana Code§36-4-9-5 authorizes the establishment of a board of public works.
3 Department of the Treasury Internal Revenue Service Publication 4221-NC identifies in the"Tax-Exempt Organization Reference Chart"the
following by Code Section whose contributions are deductible:501(cx 1)Instrumentalities of the United States,501(cx3)Religious,Educational,
Charitable,Literary,Testing for Public Safety,to Foster National or International Amateur Sports Competition,or Prevention of Cruelty to
Children or Animal Organizations,501(cx8)Fraternal Beneficiary Societies,Orders or Associations,501(c)(10)Domestic Fraternal Societies,
Orders or Associations,501(c)(13)Cemetery Companies,501(e)Cooperative Hospital Service Organizations,50l(k)Child Care Organizations,
and 501(n)Charitable Risk Pools.
Special Event and Parade Regulations Ordinance
Page 14
Special event application forms correspond to the Tier number of the special event for which a permit is
sought.
Persons seeking special event permits will receive and shall complete an application form that corresponds
to the Tier number by which their proposed special event is classified.
"Civic sponsored special event"means a special event sponsored by the City.
"Event organizer" means any person who conducts, manages, promotes, organizes, aids or solicits
attendance at a special event or parade.
"Expeditingfee"means an additional fee charged by the City when the applicant misses the filing deadline
requirement and requests the Special Event Committee to act upon an application filed within a shorter
period of time, causing an expediting of the internal review process required of City departments.
"Expressive activity"includes conduct,the sole or principal object of which is the expression,dissemination
or communication by verbal,visual, literary or auditory means of opinion,views or ideas and for which no
fee or donation is charged or required as a condition of participation in or attendance at such activity. It
includes public oratory and distribution of literature.a
"Fixed Routes"i means those routes approved by the Board of Public Works for 5K and 10K races and
similar events with an anticipated participation of 1,000 or fewer people which are held on one of the fixed
routes established by the Board.
"Full costs"' include all direct costs and overhead costs incurred by the City for an approved event where
City personnel and/or City equipment is required or deemed to be necessary.
"Governmental agency"means any agency or entity of the Federal Government, State of Indiana, or local
government.
"Non-profit special event" means a special event which is sponsored by and whose special event net
revenue (after reasonable costs of holding the event are deducted) will be payable to a corporation,
partnership, enterprise, association or other cooperative organization having a purpose to further cultural,
charitable, educational, scientific, religious, literary, amateur sports competition,hobbies, or other similar
purposes recognized under Section 501(c) of the United States Internal Revenue Code and whose net
revenue from the special event will be used solely for those purposes. Proof of tax exempt status by the
U.S. Internal Revenue Service under Section 501(c) (3) (26 U.S.C. Section 501(c) (3)) shall qualify a
sponsoring organization or entity for treatment as a non-profit Special Event under this Article.
"Parade"means an orderly procession of many persons,with or without vehicles and/or animals,through
a public street for a special purpose or in celebration of an event, intended to attract spectators.
"Procession"means a group of persons or vehicles moving forward in a line or other orderly way especially
as part of a ceremony, festival, or with a themed purpose.
"Expressive activity"is also commonly referred to as"First Amendment Activity".In Forsyth County,Georgia v.Nationalist Movement,505
U.S. 123(1992),the U.S.Supreme Court held that a government may impose a permit requirement on those wishing to hold a march,parade,or
rally;however it cannot violate Free Speech guarantees of the First and Fourteenth Amendments by examining speech content and imposing a fee
on such activity due to a potential public response to such expressive activity.
5 Board of Public Works Resolution No.9-1985 adopted on March 4,1985 established five(5)fixed routes.
6 Special Events Program:an Analysis of Costs,Program Development and Recommendations published by the Revenue Bureau of the City of
Portland,Oregon notes on page Al-15 that'charges for services that benefit specific users should recover full costs,including all direct costs and
overhead costs."
Special Event and Parade Regulations Ordinance
Page 15
"Profit special event"means a special event which is sponsored by and whose net revenue from the special
event is not payable to an entity or entities described in the definition for"non-profit Special Event"under
this Article.
"Public property" means any street, public highway', sidewalk, public place', public way10, or
watercourse".
"Sidewalk" means the part of a street between the curb lines, or the lateral lines of a roadway, and the
adjacent property lines intended for the use of pedestrians12.
"Special event"means any temporary event planned to be held on public property and may include parades,
processions, festivals, street fairs, and similar gatherings in non-residential streets, organized walks, runs,
5k, l Ok,marathons,bike runs,or similar events. A residential block party is a"special event"but is subject
to distinct rules. Demonstrations as defined in this Article are treated separately from special events.
"Special event permit"means a permit issued under this Article.
"Special Event Committee" means the Committee having authority to receive, review, and process all
requests for special events,and to make final recommendations for approval or denial of every special event
application, as provided more specifically in Section 14.134 of this Article.
"Special Event Coordinator"means the designated person within the Department of Public Works whose
duties include the processing of special event application forms, application fees and service charges; the
receipt and processing of payments for special events that are not made electronically, the receipt and
distribution of application forms and materials to Special Event Committee members, the preparation of
Special Event Committee notices, record keeping pertaining to special events and any other task necessary
to the efficient administration of the special event permit process.
"Street"means the entire width between the boundary lines of every way publicly maintained when any
part of the way is open to the use of the public for purposes of vehicular travel.The term includes an alley13.
"Special event venue"means that area for which a special event permit has been issued.
"Substantial public services" mean a material increase in the amount, scope, or level of necessary fire,
police,traffic control, crowd control,or other public services above those that would be required normally
without the event. With respect to police resources, substantial public services mean resources for crowd
management or traffic control required for the event over and above the normal deployment of police in
that geographic area of the City at the time of day during which the event is scheduled to occur.
"Tier number"See"Event classifications."
See. 14-133 Special event permit required.
(a) Except as otherwise provided in this Article, for any person or organization to-conduct, manage,
promote, organize, aid, or solicit attendance at a special event,the person or organization shall be required
to obtain a special event permit from the City of South Bend's Special Event Committee.
7"Street"is defined in Indiana Code§9-13-2-73.
8"Public highway"is defined Indiana Code§9-13-2-142 and Indiana Code§9-25-24 includes parking lots.
9iPublic place"is defined in Indiana Code§36-9-1-4.
10"Public way"is defined in Indiana Code§36-9-1-7.
"Watercourse"is defined in Indiana Code§36-9-1-10
'Z"Sidewalk"is defined in Indiana Code§9-13-2-167.
""Street"and"Alley"are defined in Indiana Code§9-13-2-175
Special Event and Parade Regulations Ordinance
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(b) The Special Event Committee is authorized to issue permits for special events proposed to occur
on public property pursuant to the procedures established in this Article. The Special Event Committee is
authorized to determine the special event venue, to establish reasonable boundaries, to determine public
health, safety and welfare conditions, and to authorize the coordination of the issuance of a special event
permit with other public agencies or departments including the Police Department, Fire Department,
Department of Public Works, Bureau of Traffic and Lighting, and other entities. Each such governmental
entity shall review the application submitted pursuant to Sec. 14-154 and send advisory recommendations
to the Special Event Committee.
Sec. 14-134 Special Event Committee.
(a) Establishment and purpose. There is established a Special Event Committee to receive and
review all special event applications;to issue special event permits for such events,to determine appropriate
terms and conditions for such permits;to set the applicable fee including any expediting fee for any special
event; and generally to administer this Article. The Special Event Committee in consultation and
coordination with appropriate City Departments,and other relevant organizations,shall further identify the
nature and scope of City services necessary for special events in general and for any particular application.
(b) Specific powers. In addition to those powers included in subpart(a) of this Section,the Special
Event Committee shall have the power:
(1) to interpret and administer this Article;
(2) to establish criteria for determining whether an event meets the definition of a special
event;
(3) to represent the City and its Department of Public Works in discussions and in making
agreements with persons or organizations who apply for or who propose an event that may
require a special event permit;
(4) to require,review, and approve security and crowd control and any traffic control plans;
(5) to accept as appropriate or applicable, a bond, escrow account or letter of credit from a
financial institution in lieu of an advance deposit of a fee; to determine the appropriate
insurance coverage with the City as a named insured for a special event;
(6) to deny an application, and/or issue a permit with conditions, and/or revoke a permit;
(7) to review periodically in consultation with Corporation Counsel or designee the fee
schedule and any rules and policies for the issuance of special event permits in conformity
with this Article,and to make recommendations for modification of fees to the City's Board
of Public Works;
(8) to adopt rules and or policies for its own procedures;
(9) to do anything reasonably related or necessary to perform its specific tasks and to perform
other functions that may be assigned by ordinance from time to time.
(c) Committee composition. The Special Event Committee shall be comprised of five(5) members.
One (1) member shall be appointed by the Mayor; one member shall be the Director of Streets or that
Director's designee as approved by the Public Works Director; one (1) member shall be the Director of
Engineering or that Director's designee as approved by the Public Works Director; one (1) member shall
be appointed by the City's Chief of Police and one (1) member shall be appointed by the City Fire Chief.
Special Event and Parade Regulations Ordinance
Page 17
Each member shall serve indefinitely unless he/she resigns, is replaced by a successor in office, or is
replaced by the designated appointing party.
(d) Committee meeting to determine issuance or denial of special event permit; applicant presence
required. The Special Event Committee shall meet regularly and as frequently as it determines appropriate
to discuss and determine whether a special event permit shall be granted and issued. The applicant shall be
given reasonable advance electronic notice of the meeting and shall attend the meeting to provide
information and answer questions about the special event as the Committee deems appropriate.For persons
who may submit applications over the counter, notice of the Committee meeting shall be given by U.S.
mail. For purposes of Indiana's Open Door law (Ind. Code §5-14-1.5), a meeting of,the Special Event
Committee is a public meeting. (e) Denial ofpermit or issuance ofpermit with conditions.
(1) The Special Event Committee's decision to deny a special event permit shall be in writing
with reasons stated for denial,and shall be communicated promptly to the applicant, either
in person, by overnight delivery through a carrier that provides proof of delivery, or
electronically. Electronic delivery shall also be accompanied by regular surface mail to be
posted within 24 hours of electronic notice.
(2) The Special Event Committee may deny a special event permit for any of the following
reasons or for any other good cause:
(i) The applicant supplies false or misleading information; fails to complete the
application or to provide other required documents.
(ii) The applicant willfully fails to comply with a requirement or Regulation of this
Article.
(iii) The application is untimely.
(iv) The applicant or event sponsor previously engaged in conduct or activity which
resulted in jeopardizing the public health, safety or welfare.
(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 be d 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
Special Event and Parade Regulations Ordinance
Page 18
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.
Sec. 14-135 Limited exception to Special Event Permit requirements.
(a) A special event permit is not required for:
(1) Funeral processions 14;
(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
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 14-140;
(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. 14-136 Filing deadline and fee for special event applications; waiver of strict flung 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. Nor shall
any application for any Tier of special event be accepted if filed more than 180 days before the date the
special event is to take place. In requesting special event permits, applicants are encouraged to file their
application in advance of the required deadlines set forth below to best assure that their special event will
not conflict with another special event.
(b) Fully completed applications for all Tier II and Tier III special events should be filed no less than
60 days before the special event is to take place.
14"Funeral processions"are governed by Indiana Code§9-21-13.
is"Picketing"and"assembly"are addressed in Indiana Code§22-6-1-4.
Special Event and Parade Regulations Ordinance
Page 19
(c) Fully completed applications for all Tier I(neighborhood/residential)special events should be filed
no less than 45 days before the special event.is to take place.
(d) All Tier II and III special event applications shall be accompanied by a non-refundable filing fee
of fifty dollars ($50.00). However, an event organizer of more than one substantially similar event being
held on different dates within six months of the same calendar year,may file for such similar and recurring
special events at one time with payment of one filing fee. Each special event within such multi-event
application is subject to separate charges for cost recovery as provided in Division 11 of this Chapter. The
filing fee adjustment of this Section applies only when one application is filed for more than one
substantially similar and recurring special event.This multiple event filing fee adjustment does not prevent
or waive assessment of an expediting fee for any one or more special event(s) within a multiple event
application as to which a waiver of filing deadline is granted by the Special Event Committee and for which
an expediting fee is applicable under subsequent Section 14-137.
(e) All Tier I special event applications shall be accompanied by a non-refundable filing fee of twenty-
five dollars($25.00). The application fee may not be waived or modified by the Special Event Committee.
(f) In light of the City's policy to encourage the holding of special events and parades within the City
limits, deadline requirements established in this Article should be strictly adhered to. The Special Event
Committee or the Board of Public Works when reviewing a Special Event Committee decision may waive
strict compliance with the deadline requirements but only when such waiver is based on a thorough
assessment of the facts taking into account prior similar cases, and when it is consistent with the
responsibility of protecting the health, safety and welfare of the City. No waiver shall be granted for any
Tier II and III special event application filed in less than 30 days from the date the special event is to take
place, and no waiver shall be granted for any Tier I special event application filed less than 14 days before
the special event is to take place.
See. 14-137 Expediting fee required when filing deadlines are waived.
In those limited circumstances where the Special Events Committee or the Board of Public Works
waives strict compliance with the timing deadlines for filing an application for special event permit, the
required non-refundable application fee shall be doubled in amount to help offset the expedited reviews
required to be conducted by the Special Event Committee to assure the health, safety and welfare in a
reduced period of time. An expediting fee will be required if a Tier II or III special event application is
permitted to be filed between 59 and 30 days in advance of the event. An expediting fee will be required
if a Tier I event application is permitted to be filed between 44 and 14 days before the event is to take place.
Sec. 14-138 Filing of special event application or demonstration form by electronic means.
(a) The City shall maintain a reasonably prominent link on the City's website for filing and receiving
application forms for a special event or for a Demonstration as required by Section 14-13 of this Article,
and all persons requesting a special event permit or providing Notice of a Demonstration shall file and
process all such requests by electronic means.
(b) Persons who verify that they do not have direct use of or access to electronic means of
communication may file their applications in person or by mail in the office of the Clerk of the Board of
Public Works. In the event of universal power outage, applications in person or by mail will be accepted.
All persons are encouraged to use electronic means of filing and the Clerk of the Board of Public Works
may reject for good cause a special event application or Demonstration Form not filed by electronic means.
This shall not apply when in conflict with the accommodation requirements of the Americans with
Disabilities Act(ADA) or similar law.
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Sec. 14-139 Requirements for use of city seal or name.
(a) Approval of a special event application shall not constitute the City of South Bend's endorsement
of the special event, nor does it entitle the applicant or the event organizer to use the City of South Bend's
seal or a facsimile thereof,or the City's flag, or its flag's graphic symbol as part of advertising,promotion,
or holding of the special event.
(b) An Applicant or event organizer desiring to use the name of the City of South Bend, or its seal or
facsimile,or the City's flag, or its flag's graphic symbol for the applicant or event organizer's special event
must apply to the Board of Public Works for authorization of such use. Revenue sharing by the applicant
or event organizer other than a City Department, Board, Commission or agency is required as a condition
of such Board of Public Works approval of the right of use.
(c) Prior notice and proof of such notice from the City Clerk is required for an event organizer to use
the City seal or facsimile thereof, or the City's flag, or its flag's graphic symbol.16
Sec. 14-140 Regulations addressing demonstrations—Demonstration Form.
(a) Any person organizing a demonstration where twenty-five or more persons are reasonably expected
to participate shall complete and file a Demonstration Form with the Clerk to the Board of Public Works
not less than seventy-two (72) hours in advance of the demonstration. Upon receipt of such completed
Demonstration Form,the Clerk shall immediately send it to the Police Chief.There shall be no fees charged
to the person providing information about the proposed demonstration for processing this form by the City.
(b) No person shall be required to obtain a separate special event permit for a demonstration unless
such activity will likely result in the obstruction of City streets and/or sidewalks or will likely compromise
the ability of the City to respond to a public safety emergency.
(c) If a demonstration is held without a permit,the participating persons shall be required to disperse
if the police determine that public safety is being jeopardized because of actual or threatened harm.In such
cases,police must communicate the order directing the participating persons to disperse peacefully before
taking action to cause such dispersal.
(d) Persons participating in or attending a demonstration shall not carry or have on their person tools
or implements that could reasonably be used to cause bodily injury to self or to another. Such items
specifically include but are not limited to the following:torches,bricks,knives,daggers,swords,machetes,
ice picks, shields,nun chucks,helmets,golf clubs,wrist rockets,chains,baseball bats,axes or axe handles,
frozen water bottles, aerosol sprays, containers filled with flammable or biohazard material, and sticks,
pipes, or slabs of wood which could be used as a weapon. Reasonably sized sticks or pipes used solely to
raise and hold flags, signs, or banners are permissible if used for that purpose
(1) Public safety officers shall have discretion to determine upon reasonable belief or inference
whether other items not specifically listed herein constitute a weapon.
(2) Any tool, implement or similar item constituting a weapon in the reasonable opinion of a
public safety officer may be confiscated by that officer in the interest of public safety.
ie Indiana Code§36-4-10-4 designates the City Clerk as the keeper of the City Seal.
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(3) This weapon prohibition shall apply to any place within a 500 foot radius of the area where
the demonstration is taking place,that is,the point or points where the spectators attending
the demonstration has/have visibly ended.
(e) It is further prohibited for persons to participate in or attend a demonstration while wearing any
mask, device, or hood by which any portion of the face is so hidden or covered as to conceal the
identity of the wearer except for children under age 13 or workers wearing masks for safety reasons.
Sec. 14-141 Board of Public Works to maintain special event and parade instructions,application
forms, event checklist, event cost estimator,event evaluation, contact information and other data on
City website.
(a) The City's Board of Public Works shall maintain and post on a designated City Website all
Application Forms, List of Required Non-Application Fees, Costs, Recovery Schedules, Event Cost
Estimator form and instructions, City Contact Information, Board approved Fixed Route Maps, Affidavit
Forms in Support of Waiver or Modification of Insurance Requirements, Instructions,brochures,planning
guides, and other data promoting education and public transparency.
(b) The Board of Public Works shall also maintain and regularly update on said website additional
information which includes but is not limited to the following:
(1) Citizen Access Portal which includes instructions,brochures,checklist, application forms,
affidavits,waiver request forms, and related information;
(2) Master Calendar listing current and upcoming Special Events,Parades and Demonstrations
approved by the Board by date,name,access to more detailed information;
(3) Links to relevant agencies and organizations;
(4) Special Event Permit Process and Regulations summarizing permit fees, requirements
addressing street/area closures, security, food and alcohol; health and medical, fire
prevention, clean-up,barricades and cones,cost recovery,and related information.
(5) Fixed Route Maps established by the Board of Public Works.
(c) The Board of Public Works is authorized to maintain additional avenues of communication to
disseminate information addressing alerts which may impact a special event and/or parade,maps,upcoming
civic sponsored events, and demonstrations.
Sec. 14-142 Designation of Civic Sponsored Special Events.
(a) Each year, the following events shall be designated as civic sponsored special events under this
Article:
(1) Martin Luther King Walk
(2) St. Patrick's Day Parade
(3) Memorial Day Parade
(4) Best Week Ever including(or separately)Kids Triathlon and Urban Adventure
(5) Downtown for the Holidays Tree Lighting and Parade
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(b) Civic sponsored special events along with First Fridays and Art Beat sponsored by Downtown
South Bend (DTSB) shall be given preference on date selection each year by the Board of Public Works.
The list of civic sponsored special events listed in subpart(a) of this Section may be supplemented by the
Board of Public Works from time to time as deemed appropriate.
(c) Each civic sponsored special event shall comply with all applicable regulations of this Article,
except for the payment of any fees or cost recovery charges.
Sec. 14-143 Reserved for Future Use.
Division II. Cost Recovery Program for Special Events.
Sec. 14-144 Purposes.
(a) Identification and coordination with all City departments and other City governmental entities to
assure that the public health, safety and welfare are protected, are critical components to the City's hosting
of vibrant events in many public venues.
(b) The nature and scope of such governmental services must be assessed and reviewed through
internal reviews of assigned City department personnel, in order to carry out such responsibilities. Often,
this assessment results in substantial public services required to be provided.Each affected City department
is required to recommend the level of each type of public service needed to be assigned for an event upon
receipt of a copy of an application for a special event from the Special Event Coordinator to the Special
Event Committee. That Committee shall review each such advisory recommendation and make the final
determination of the level of necessary public services required, which shall be subject to the cost sharing
provisions set forth in this Division.
See. 14-145 Cost Recovery Program Established.
(a) In order to systematically and objectively address the purposes set forth in this Article, a Cost
Recovery Program is established for certain special events proposed to be scheduled in the City.
(b) Recognizing the variety in types proposed events,the variety of applicants and/or event organizers,
and the varying level of required governmental services which may be required to protect the public health,
safety and welfare, a cost sharing program is determined to be the most fair and equitable method to
properly balance having such events held in the City with the required costs of providing needed City
governmental services."
Sec. 14-146 Costs, Fees, Charges Associated with Special Events -Posting on Website Required;
Deposit of Police Cost Recovery Monies into Fund#220.
(a) Full costs for all direct costs and overhead costs incurred by the City for City personnel and the use
of City equipment shall be based upon the following most current documents:
(1) Board of Public Works Resolution approving a Schedule for Material Rental governing
such items as barricades,barriers, fencing,traffic cones, concrete barrier, etc.; and
"Special Events Program:An Analysis of Costs,Program Development and Recommendations published by the Revenue Bureau of the City of
Portland,Oregon is on file with the Office of the City Clerk.It contains a summary of charts comparing various types of cost recovery of city
services programs in effect in approximately twenty cities throughout the USA.U.S.Department of Transportation's Planned Special Events:
Cost Management and Cost Recovery Primer was consulted which studied policies and procedures in Baltimore,Boston,Ithaca,Los Angeles,
New York,Philadelphia,Phoenix,Seattle,and Washington,D.C.and focused on"Cost Recovery Best Practices".
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(2) Board of Public Works Resolution approving Schedule for Equipment Rental governing
such items as bleachers,platforms, scaffolding,grandstands, stage, etc.; and
(3) Common Council Ordinances fixing wages, salaries, overtime rates and holiday pay;
minimum hours of assignment requirements; etc.; and
(4) Board of Public Safety Resolution approving the minimum staffing time increments for
public safety personnel, if any, and the per hour costs for providing equipment, by type, from the South
Bend Police Department and the South Bend Fire Department.
Schedules of the above shall be posted by the Clerk to the Board of Public Works and updated on a
reasonably regular basis so that accurate information is on-line.
(b) All monies collected for public safety services provided by sworn members of the South Bend
Police Department shall be deposited into Fund#220,Law Enforcement Continuing Education Fund.
Sec. 14-147 Cost Sharing Provisions Governing Special Events.
(a) Cost sharing for a special event shall be based on the following criteria:
(1) The type of proposed event for purposes of public support.These categories are:(a)a"civic
sponsored event" under Sections 14-132 and 14-140; (b) a profit special event; or (c) a
non-profit special event,both latter terms as defined in Section 14-132 of this Article; and
(2) The type of event classification,that is,Tier I,Tier H, or Tier III as defined in Section 14-
132 of this Article.
(b) The cost recovery charge is separate and distinct from the non-refundable application fee and any
expediting fee required for a special event under Sections 14-136 and 14-137 of this Chapter.
Sec. 14-148 Cost recovery charges.
(a) The City will absorb a portion of the costs and expenses incurred by the City directly related to a
"Non-profit special event" as defined in Section 14-132 up to the sum of One Thousand Four Hundred
Dollars($1,400).All expenses over and above$1,400.00 must be reimbursed to the City by the non-profit
organizer or sponsor of the event.
(b) An organization sponsoring a "Profit special event" as defined in Section 14-132 shall be
responsible to the City for payment of all costs and expenses incurred by the City relating to that special
event.
(c) A Tier I special event is exempt from cost recovery charges due to the minimal City services
required for such special events. The City will absorb a sum up to One Thousand Four Hundred Dollars
($1,400) of the costs and expenses incurred by the City directly related to a block party.
(d) The City will absorb all costs and expenses related to any civic sponsored special event as identified
or described in this Chapter, or as supplemented by the Board of Public Works,whether or not the City is
the sponsor or organizer.
(e) Those expenses constituting labor costs which may include labor and services performed by the
South Bend Police Department,the South Bend Fire Department,or the South Bend Department of Public
Works shall be reimbursed to the City at the rate of Forty Dollars ($40.00)per person per hour.
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(f) Those expenses constituting material costs shall be reimbursed to the City at their reasonable.retail
value.
(g) Recurring Event Discount: In the event that a proposed special event is a validated recurring event
in the City, a ten percent(10%)discount shall be given by the City for reimbursement of Tier II or Tier III
government services provided.
(h) Cost Recovery Invoice:The City will provide the applicant or event organizer with a Cost Recovery
Invoice detailing any and all costs and charges, which are over and above the non-refundable application
fee, a minimum of thirty (30) days in advance of the event. Payment in full of such costs and charges is
required no less than four(4) days in advance of the event.
(i) Additional Charges/Costs: The City shall have the right to assess additional costs for litter and
refuse collection to the extent that the applicant or event organizer fails to meet the obligations set forth in
its clean-up plan, as well as bill for additional charges set forth in an itemized billing of any verifiable
damages or loss caused to City material, equipment or property known by the City to have been caused
during the event.
0) Refunds:In the event that it is determined by the City that the applicant or event organizer overpaid
for Cost Recovery, the City shall refund money based on information from the City Controller or his/her
designee within thirty(30)days of knowledge by the City of an applicant's overpayment.
(k) Postponement or Cancellation: An applicant or event organizer is responsible for notifying the
Clerk to the Board of Public Works immediately upon the postponement or cancellation of an event. The
applicant or event organizer shall be charged for any City services provided in advance of the event up
through the time of notification.
Sec. 14-149 through Sec. 14-153 Reserved for Future Use.
Division III. Special Event Application and Regulations.
Sec. 14-154 Special event permit application form requirements-non-refundable application fee.
Application and Required Attachments: Unless otherwise provided by this Article, a special event permit
application requires the following information:
(a) Name, address,telephone number and email of applicant; and
(b) Certification that the applicant will be financially responsible for any City fees and/or costs
which may be imposed pursuant to this Article; and
(c) Name, address,telephone number and email of the event organizer, if any; and
(d) If the special event is designed to be held by, on behalf of, or for any organization other
than the applicant, the applicant for the special event permit shall file a document from
such organization which:
(1) Authorizes that the applicant may apply for the special event permit on its behalf,
and
(2) Certifies that the applicant or event organizer will be financially responsible for
any fees and/or costs which may be imposed pursuant to this Article; and
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(e) Classification of special event:
(1) Civic sponsored special event
(2) Non-profit special event
(3) Profit special event
An applicant who designates itself under the non-profit classification is required to provide a copy of the
IRS ruling or determination letter certifying its qualification as a non-profit or charitable organization under
Section 501 of the Internal Revenue Code. If the non-profit organization has not received IRS approval or
certification of tax exempt status,it must furnish satisfactory proof of its qualification as a non-profit entity.
If the applicant applied for but was denied tax exempt status by the IRS, it must provide proof of denial,
and the Committee or Board may disqualify the event under the non-profit classification.
(f) Name of the official charity partner, if any, of the event; and
(g) Statement of Purpose of the proposed special event; and
(h) Statement of any fees to be charged for the special event; and
(i) Number of sponsors at each level of partnered sponsorship, if any, of the event; and
whether the event has different categories of activities, and the number of anticipated
participants in each category; and
(j) Approximate number of persons attending the special event, including but not limited to
vendors, attendees, and participants; and
(k) Proposed date(s)and times of the proposed special event; and
(1) Approximate times when assembly for,and disbanding of,the proposed special event is to
take place; and
(m) Proposed geographic location which identifies locations and duration of any proposed
event closures, including route and traffic plan and map detailing the starting point and
termination point; whether any TRANSPO bus route changes will be needed and
confirmation of TRANSPO's tentative approval; notification process to be used to give
notice to residents, business owners, motorists of the streets and/or sidewalks which will
be temporally closed; and
(n) Proposed Site Plan, including the location of structures, compliance with ADA
regulations,18 electrical [including description of any sound systems or other electrical
devices to be used], sanitation, and plumbing; and
(o) Proposed plan for bicycle parking and whether alternative transportation arrangements exit
which address an emission reduction plan; and
(p) Location(s), if applicable, of provisions for consumption of food and/or alcoholic
beverages; and
is ADA Standards for Accessible Design and ADA Title Two Technical Assistance Manual address regulations addressing ADA standards for
accessible areas,entrances,paths of travel,parking and transportation,restroom,tables and concessions,seating,signage and publicity and
communication.
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(q) Location, size, and description of any signs, banners, or similar advertising or promotion
materials to be used on site; and
(r) Location and duration of any entertainment which will be provided or present,including a
list of entertainers,bands or performers; and
(s) Proposed emergency safety plan, including but not limited to the number of Indiana Law
Enforcement Academy(ILEA)19 certified officers,fire,and emergency medical personnel,
noting the need to use any of the City's public services and/or private resources; proposed
internal communications systems and public-address systems; and
(t) Lost and Found plans including a description of the usage of signage, announcements on
public address systems or pre-event handouts,
(u) Proposed traffic management plan,including but not limited to provisions of personnel and
location of proposed loading areas,barricades, secured areas, and parking areas; and
(v) Proposed sanitation plan, including but not limited to the provisions of toilets and wash
stations,including the number of those compliant with the ADA;
(w) Proposed clean-up plan to recycle, to remove waste, trash and litter, including but not
limited to the need to use of City's public services and/or private resources; and
(x) Inclement weather plan in the event of a tornado warning, tornado watch, thunderstorm,
dangerously high or low temperatures, and the alert system proposed for those
participating; and
(y) Mitigation of Impact plans which provide community and public notice of potential impact
of proposed event.
(z) Additional Requirements:At the time of filing a completed application,the applicant shall
file:
(1) Certificate of Insurance confirming the existence of a liability policy of not less
than$700,000 per occurrence and$1,000,000 aggregate,which specifically names
the City of South Bend, Indiana, as an additionally named insured for the event,
unless specifically waived in whole or in part by the Board of Public Works; and
(2) Indemnification Agreement: The applicant for a special event permit and if there
is an event organizer, must further agree to jointly and severally indemnify and
hold the City harmless against liability for any and all claims for damage to
property, or injury to, or death of, persons arising out of or resulting from the
issuance of a permit under this Division or the conduct of the special event or its
participants; and
(3) Proof of confirmation of any additional licenses,permits and documentation from
other agencies which are required for the event; and
(4) Affidavit of Applicant:The applicant must certify on a form provided by the City,
by affirmation, that information provided in the application and additional
19 The Indiana Law Enforcement Academy in Plainfield,Indiana,is"Indiana's center for law enforcement education.The Academy prepares law
enforcement professionals for service through rigorous training based upon values and respect".
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documentation is true and correct; and that the applicant agrees to comply with all
applicable local,state and federal regulations; and
(5) Public Disclosure Information:The City recognizes that the public has a legitimate
interest in being informed about special events,particularly as they directly relate
to potential impacts on areas surrounding such events. Accordingly, the
information provided by the applicant addressing the following shall be subject to
public disclosure:
(1) Event Title
(11) Event Summary
(iii) Name and Contact Information for Event Organizer
(iv) Event Website Address
(v) Dates and Times of the Event
(vi) Location of the Event
(vii) Projected Attendance/Participants
(viii) Participation/Attendance Fee(s)
(ix) Additional Public Contacts
(x) Community Outreach Efforts
(xi) Fees, costs, and charges incurred
(6) Non-refundable application fee of Fifty Dollars($50.00)made payable to the City.
Sec. 14-155 Special event permit application review criteria.20
(a) Application Review:Applications filed with the Special Events Coordinator shall be referred to the
South Bend Police Department, the South Bend Fire Department, and the Department of Public Works'
Division of Transportation], and when applicable to the Board of Park Commissioners, for review and
advisory recommendations back to the Special Event Committee. Upon receipt of all internal reviews,the
Special Event Committee shall determine whether a special event permit should be issued based on the
following criteria:
(1) Whether the information contained in the application required by this Division is complete,
whether it is incomplete and has not been addressed after being advised by the City, or
contains misleading or false information;
(2) Whether there is adequate traffic management based on the time, place, or size of the
proposed special event, including its impact on areas contiguous to the proposed special
20"Planning and Managing Security for Major Special Events:Best Practices for Law Enforcement Administrators"published March 2016 in the
Police Chief Magazine was used in the preparation of this Section.This publication reviewed topics such as:guiding principles,
planning/managing,threat-and risk assessment,business impact,radio communications,personnel and training,management during and after the
event and post-event activities which was used in the drafting of these regulations.
"The Division of Transportation consists of four(4)bureaus,namely the Bureau of Streets,Bureau of Traffic and Lighting,Bureau of Municipal
Service and Building Maintenance,and Bureau of Sewers.
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event location, whether it will unreasonably interfere with the safe and expeditious
movement of pedestrian and vehicular traffic, ingress or egress to or use of adjoining
private property, or unreasonably disrupt the use of a street when it is usually subject to
significant traffic congestion;
(3) Whether there are sufficient crowd control measures, including accessibility for
ingress/egress, and emergency access for public safety personnel;
(4) Whether the proposed special event would present an unreasonable danger to the health or
safety of participants or other members of the public, or cause damage to public or private
property;
(5) Whether the conduct at the proposed special event would require the assignment or
deployment of sworn members of the Police Department resulting in a substantial public
service being delivered by that Department and the anticipated costs for such deployment
needed to protect public health and safety,persons and property;
(6) Whether a permit has been granted for the same time and approximate location, or would
unreasonably interfere with another parade or special event for which a permit has been
issued;
(7) Whether the proposed special event would substantially interfere with any construction or
maintenance work schedule(s)along the proposed parade route;
(8) Whether there is adequate health and/or medical services provided to address hydration
and sanitation needs of those participating in the proposed special event; (9)
Whether there is adequate recycling and waste collection services proposed to be
provided;
(10) Acknowledgement of any additional requirements addressing temporary signs,temporary
structures,vacant structures, and applicable building and/or zoning requirements;
(11) Whether the applicant has previously violated the provisions of a similar permit or has
violated City ordinances, or any other regulations in connection with a previous special
event in the City;
(12) Whether the applicant demonstrates an inability or unwillingness to conduct an event
pursuant to the terms and conditions of this Article;
(13) Whether the proposed special event would have a substantial impact and/or be required to
use substantial public services, which in such case, a cost sharing fee, calculated pursuant
to Division II of this Article, shall be made a condition of the issuance of the special event
permit; and
(14) Any other conditions the Special Event Committee believes are necessary to protect the
public health, safety and welfare of the City and its residents.
(b) From a consideration of the completed application and from such other information as may
otherwise be obtained,if the applicant has satisfactorily addressed all of the applicable requirements in this
Article,the Board of Public Works may authorize the issuance of a Special Event Permit to the applicant.
Sec. 14-156 Special event permit-issuance, contents, display--nontransferable.
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(a) The Special Event Committee shall take final action upon a completed application for a special
event permit as soon as practicable.
(b) Final action on a completed special event permit application shall consist of one (1) of the
following:
(1) Authorization that a special event permit be issued in accordance with the terms of the
completed application found to be in compliance with this Article; or
(2) Authorization that a special event permit be issued in accordance with terms and conditions
modified and agreed to between the Board of Public Works and the applicant; or
(3) Denial of the special event permit application by the Special Event Committee with notice
being given by the Committee to the applicant of provisions for review by the Board of
Public Works as set forth in Section 14-134(f) of this Article.
(c) Each special event permit authorized to be issued by the Special Event Committee must contain
the following information or conditions:
(1) Date(s)and hours of the approved special event;
(2) Geographic boundaries of the approved special event location;
(3) Conditions or restrictions imposed;
(4) Special event permit number; and
(5) Other information the Board of Public Works deems appropriate for the conduct of the
special event and the enforcement of this Article.
(d) A copy of the special event permit shall be displayed in the special event venue in the method
prescribed by the Board of Public Works applicable to the particular event and shall be exhibited upon
demand of any City official.
(e) A special event permit is non-transferrable.
Sec. 14-157 Notice of granting special event permit - responsibilities of Special Event
Coordinator.
Upon the Special Event Committee authorizing the issuance of a Special Event Permit, the Special Event
Coordinator shall be required to see that:
(a) Notice of such approval is sent to the applicant and to all affected City Departments and to
any other persons or entities involved with the implementation of the special event.
(b) Update the City's website by listing the date, name, access to more detailed information
about the special event required by Section 14-136.
Sec. 14-158 Date of special event not confirmed until permit issued.
No date shall be considered confirmed until a special event permit is issued by the City.
Sec. 14-159 Duties of applicant issued special event permit.
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An applicant whose special event permit application was approved and is issued a special event permit by
the City shall comply with the governing regulations in this Article and any additional conditions or
restrictions imposed by the Board of Public Works.
Sec. 14-160 through Sec. 14-161 Reserved for Future Use.
Division IV.Parade(Tier II)Specific Regulations.
Sec. 14-162 Special event permit required for parades (Tier II events).
No person shall engage in or conduct a parade without first obtaining a special event permit issued as
provided in the specific regulations set forth in this Division.
(a) Special event permit for parade—required information:
(1) Name, address,telephone number and email of applicant; and
(2) Name, address,telephone number and email of the event organizer, if any; and
(3) Name, address, telephone number and email of the headquarters of the organization for
which the parade is to be conducted; and
(4) Type of event classification; and
(5) Name of the official charity partner, if any, of the parade; and
(6) Statement of purpose of the proposed parade; and
(7) Statement of any fees to be charged to participate in the proposed parade; and
(8) Number of sponsors, if any, of the proposed event; whether the parade has different
categories of activities; the number of anticipated participants in each category; and the
number of volunteers who will be assisting the applicant along the proposed parade route;
and
(9) Approximate number of persons who would witness the proposed parade along the route
proposed; and
(10) Date, time and estimated duration of the parade, including the time when registration is
proposed to begin, the proposed time needed to organize before and disperse after the
parade, and any possible alternative dates and times;and
(11) Description of the route to be traveled, including the proposed starting point, the
identification of and the directions to be followed on all streets,the termination point; and
any areas proposed to be used to set up before and disperse after the parade; and
(12) Map of the proposed route to be traveled clearly delineating all of the proposed affected
streets, compass coordinates, and any anticipated street closures which may be needed;
including the locations where traffic security officers will be necessary; and
(13) Approximate times when assembly for, and disbanding of the proposed parade is to take
place; and
(14) Whether the proposed parade is new or a recurring event; and
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(15) Approximate number and types of animals, vehicles, and floats which will constitute the
parade; and
(16) Description of any sound amplification equipment to be used in connection with the parade,
if any; and(17) Lost and Found Plan including description of usage of signage, PA
announcements, and/or pre-parade handouts; and
(18) Inclement weather plan in the event of a tornado warning, tornado watch, thunderstorm,
dangerously high or low temperatures, and the alert system proposed for those
participating; and
(19) Proposed traffic management plan,including but not limited to provisions of personnel and
location of proposed barricades and/or viewing stand bleachers which will be needed;
(20) Proposed Clean-Up Plan to remove any and all waste, trash and litter resulting from the
parade; and whether the City's public services and/or private resources are to be used; and
(21) Mitigation of Impact Plan which provides community and public notice of the potential
impact of the proposed parade on residents and businesses which may be affected by the
proposed parade route; and
(22) Certification that the applicant will be financially responsible for any City fees and/or costs
which may be imposed pursuant to this Article.
(b) Additional Requirements: At the time of filing a completed application,the applicant shall file:
(1) Certificate of Insurance confirnung the existence of a liability policy of not less than
$700,000 per occurrence and $1,000,000 aggregate, which specifically names the City of
South Bend, Indiana, as an additionally named insured for the event, unless specifically
waived in whole or in part by the Board of Public Works;
(2) Indemnification Agreement:The applicant for a special event permit and if there is an event
organizer,must further agree to jointly and severally indemnify and hold the City harmless
against liability for any and all claims for damage to property, or injury to, or death of,
persons arising out of or resulting from the issuance of a permit under this Division or the
conduct of the special event or its participants;
(3) Proof of confirmation of any additional licenses, permits and documentation from other
agencies which are required for the event; and
(4) Affidavit of applicant: The applicant must certify on a form provided by the City, by
affirmation, that information provided in the application and additional documentation is
true and correct; and- that the applicant agrees to comply with all applicable local, state
and federal regulations; and
(5) Public disclosure information: The City recognizes that the public has a legitimate interest
in being informed about parades,particularly as they directly relate to potential impacts on
areas surrounding such events. Accordingly, the information provided by the applicant
addressing the following shall be subject to public disclosure:
(i) parade title
(ii) parade summary
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(iii) name and contact information for parade organizer
(iv) parade website address
(v) dates and times of the proposed parade
(vi) location of the parade
(vii) projected attendance/participants
(viii) participation fee(s), if any
(ix) additional public contacts
(x) community outreach efforts
(xi) Fees, costs,and charges incurred
(6) Non-refundable application fee of Fifty Dollars ($50.00)made payable to the City.
Sec. 14-165 Special Event application for parades--review criteria u
(a) Application Review: Applications filed with the Special Event Coordinator shall be referred to the
appropriate City Departments including but not limited to the South Bend Police Department, the South
Bend Fire Department, and the Department of Public Works' Division of Transportation23, and when
applicable to the Board of Park Commissioners, for review and advisory recommendations back to the
Special Event Committee. Upon receipt of all internal reviews, the Special Event Committee shall
determine whether a special event permit for a parade should be issued based on the following criteria:
(1) Whether the information contained in the application required by this Division is complete,
whether it is incomplete in any required item, or contains misleading or false information;
(2) Whether there is adequate traffic management based on the time, place, or size of the
proposed parade, including the assembly area(s) around route of the parade, will
unreasonably interfere with the safe and expeditious movement of pedestrian and vehicular
traffic,ingress or egress to or use of adjoining private property,or unreasonably disrupt the
use of a street when it is usually subject to significant traffic congestion;
(3) Whether there are sufficient parking places near the location of the parade to accommodate
the number of vehicles reasonably expected;
(4) Whether the proposed parade would present an unreasonable danger to the health or safety
of the parade participants or other members of the public, or cause damage to public or
private property;
(5) Whether the conduct of the proposed parade will require the deployment of sworn members
of the Police Department resulting in a substantial public service being delivered by that
22 Top 12 Things to Include in Parade Safety Plans-A Guide for Cities,Counties and Local Governments published by the National League of
Cities is on file in the Office of the City Clerk and was used in the drafting of these regulations.
2s The Division of Transportation consists of four(4)bureaus,namely the Bureau of Streets,Bureau of Traffic and Lighting,Bureau of Municipal
Service and Building Maintenance,and Bureau of Sewers.
Special Event and Parade Regulations Ordinance
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Department and the anticipated costs for such deployment needed to protect public health
and safety,persons and property;
(6) Whether a permit has been granted for the same time and approximate location, or would
unreasonably interfere with another parade or special event for which a permit has been
issued;
(7) Whether the proposed parade would substantially interfere with any construction or
maintenance work schedule(s)along the proposed parade route;
(8) Whether there is a need to address adequate health and/or medical services proposed to be
provided to address hydration and sanitation needs of those participating in the parade;
(9) Whether there is adequate recycling and waste collection services proposed to be provided;
and
(10) Whether the applicant has previously violated the provisions of a similar permit or has
violated City ordinances, or any other regulations in connection with a previous parade in
the City; and
(11) Acknowledgement of any additional requirements addressing temporary signs and/or
zoning requirements;
(12) Whether the proposed parade will have a substantial impact and/or be required to use
substantial public services, which in such case, a cost sharing fee calculated pursuant to
Division II of this Article shall be made a condition of the issuance of the Parade Permit;
and
(13) Any other conditions the Special Event Committee believes are necessary to protect the
public health, safety and welfare of the City, such as a proposed sanitation plan including
but not limited to the provision of toilets and wash stations,an appropriate number of which
are compliant with the Americans with Disabilities Act(ADA).
(b) From a consideration of the completed application and from such other information as may
otherwise be obtained,if the applicant has satisfactorily addressed all of the applicable requirements in this
Article, the Special Event Committee may authorize the issuance of a special event permit for a parade to
the applicant.
Sec. 14-166 Designated parade route.
(a) Except where the applicant for a special event permit for a parade demonstrates to the satisfaction
of the Special Event Committee, upon consultation with the Police Department, the Fire Department, and
the Department of Public Works, that there are factors requiring an exception, all parades shall confine
themselves to and follow one(1) of the following designated street route(s):
(1) Riverside Drive Route
(2) Northside Boulevard Route
(3) Rum Village Route
(4) Rum Village Oval Route
(5) Boehm/Tarkington Route
Special Event and Parade Regulations Ordinance
Page 124
Sec. 14-167 Parade permit-issuance,contents,display and nontransferable.
(a) The Special Event Committee shall take final action upon a completed application for a special
event permit for a parade as soon as practicable.
(b) Final action on a completed special event permit application for a parade shall consist of one(1)of
the following:
(1) Authorization that a special event permit for a parade be issued in accordance with the
terms of the completed application found to be in compliance with this Article; or
(2) Authorization that a special event permit for a parade be issued in accordance with the
terms and conditions modified and agreed to between Special Event Committee and the
applicant; or
(3) Denial of the special event permit for a parade application by the Special Event Committee
with notice being given by the Committee to the applicant of provisions for review by the
Board of Public Works as set forth in Section 14-134(f) of this Article.
(c) Each special event permit for a parade authorized to be issued to the applicant by the Special Event
Committee must contain the following information or conditions when applicable:
(1) Starting date,time and durations of the parade;
(2) Minimum and maximum speeds for the parade;
(3) Maximum interval of pace to be maintained between the units of the parade;
(4) Portions of any public way, sidewalk or public area to be traversed,utilized, or occupied;
(5) Maximum length of the parade in miles or fractions thereof;
(6) Conditions or restrictions imposed;
(7) Parade permit number; and
(8) Other information the Board of Public Works deems appropriate for the conduct of the
parade and the enforcement of this Article.
(d) A copy of the parade permit shall be exhibited upon demand of any City official.
(e) A parade permit is non-transferable.
Sec. 14-168 Notice of granting special event permit for a parade; responsibilities of Special Event
Coordinator
Upon the Board of Public Works authorizing the issuance of a special event permit for a parade,the Special
Event Coordinator shall be required to see that:
(a) Notice of such approval is sent to the applicant and to all affected City Departments and to any
other persons or entities involved with the implementation of the parade.
(b) Update the City's website by listing the date,name, access to more detailed information about
the parade required by Section 14-136.
Sec.14-169 Date of parade not confirmed until permit issued.
Special Event and Parade Regulations Ordinance
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No date shall be considered confirmed until a Parade special event permit for a parade is issued by the City.
Sec. 14-170 Cost.recovery for parades.
If the Board of Public Works determines that cost recovery is required for a parade,the provisions of Section
14-146 through Section 14-148 shall apply as a condition of a parade permit being authorized by the Board
of Public Works.
Sec. 14-171 Duties of applicant issued parade permit.
An applicant whose parade permit application was approved and has been issued a parade special event
permit by the City shall comply with the governing regulations in this Article,and any additional conditions
or restrictions imposed by the Board of Public Works.
Sec. 14-172 through Sec.14-174 Reserved for Future Use.
Division V. Enforcement and Penalties.
Sec. 14-175 Violations; remedies.
(a) A violation of any provision of this Article shall be punishable as provided in South Bend Municipal
Code Section 1-23.
(b) Additionally,whenever an event is conducted without a obtaining a permit required by this Article,
the event organizer shall be responsible for,and the City shall charge the event organizer for,all City costs
incurred as a result of the adverse impacts of the event on City services,and any damages to public property
which may have been caused from such event being unlawfully held.
(c) Any person engaged in the selling or distributing of illegal, non-licensed, or unauthorized
merchandise,regardless of whether said person has received a permit under this Article, shall be subject to
the immediate impoundment of said merchandise.Any Indiana Law Enforcement Academy certified officer
employed by the event sponsor for copyright and merchandising purposes shall be authorized to inspect the
merchandise of licensed entities related to copyright infringement and trademark violation.
Sec. 14-176 Police Department; other powers.
Nothing in this Article shall act to limit or otherwise prohibit the Police Department from exercising its
authority as provided in this South Bend Municipal Code or the Indiana Code.
Sec. 14-177 through Sec. 14-179 Reserved for Future Use.
Section H. If any part, subsection, section, paragraph, sub-paragraph, sentence, clause, phrase or word of
this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance.
Special Event and Parade Regulations Ordinance
Page 126
Section III. This ordinance hereby repeals as unnecessary Chapter 14, Article 11, Sections 14-93 through
14-95 inclusive of the South Bend Municipal Code, the relevant content of which has been incorporated
into this new Chapter 14.
Section IV. This ordinance shall be in full force and effect from and after its passage by the Common
Council, approval by the Mayor, and legal publication with an effective date of January 1, 2019.
Member of the Common Council
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana, on the day of
2018, at o'clock .m.
Office of the City Clerk
Approved and signed by me on the day of ,2018,at o'clock_.m
Mayor, City of South Bend, Indiana