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HomeMy WebLinkAboutAmending Chapter 19, Article 3 - to regulate meetings, exhibitaions and other public events in the interest of safety. ORDINANCE No. as~ss Passed by the Common Council of the City of South Bend, Indiana April 12, 19 99 Attest: ~. ~~~~ Lam.. .City Clerk LORETT~'J. DUD 4~ / Attest: ~ Presented by me to the Mayor of the City of South Bend, Indiana April 13, President of Common Council 19 99 City Clerk Approved and signed by me April 14, 19 99 ~~, Mayor ORDINANCE N4. ~ ~ ~ ~ " `~ STATEMENT OF PURPOSE AND INTENT City of South Bend parks are used for many kinds of gatherings, such as family picnics, sporting events, and memorial services. Article 3 of Chapter 19 of the South Bend Municipal Code governs the use of the South Bend parks and provides a procedure for an individual or group to obtain a permit for the use of a park. In order to both prevent unnecessary public safety problems from arising while at the same time ensuring the constitutional right of the assembly of the citizens are met, the Board of Park Commissioners should be given the power and opportunity to take public safety date into account when granting permits, and if appropriate, change the date or location requested accordingly. The amendments set forth in this ordinance will accomplish those objectives without damaging either the right to assembly or public safety. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. Chapter 19, Article 3, Section 19-48 shall be amended to read as follows: Sec. 19-48. Meetings, exhibitions, parades, racing, etc. (a) No person shall erect any structure, stand or platform, or exhibit any dramatic performance, or the performance in whole or in part of any interlude, tragedy, comedy, opera, ballet, play, farce, minstrelsy, dancing, rock festival, musical concert, entertainment, motion picture, public fair, circus, juggling, ropewalking or any other acrobatics, or show of any kind or nature, or parade, drill or maneuver of any kind, or run or race or other animal, being in or on or [attached] to a vehicle, or race with another vehicle or horse whether such a race is founded on any stake, bet or otherwise, or hold any athletic contest, in any park or upon any park-street except by permit. (b) The Board ,hull issue such permit, upon application, when it is consistent with the proper use and protection of the park property as set forth below: and refuse same when inconsistent with the proper use and protection of the park property (c) No person shall erect any structure, stand or platform, hold any meeting, perform any ceremony, make a speech, address or oration, or exhibit or distribute any sign, placard, notice, declaration or appeal of any kind or description, in any park or upon any park-street except by permit of said Board. (d) Upon application such permit shall be issued unless: (1) The use for which the permit is sought is of a commercial nature; or (2) The location selected is not suitable because it is inconsistent with one of the specialized park use areas such as skating rinks, ball diamonds, camping areas, athletic fields, landscaped areas, or limited use areas, swimming pools or recreational areas, mill unreasonably cause safety crowd coneestion noise or tra fic flow nroblems• or (3) The date and time requested has previously been allocated by permit, or would obstruct and interfere substantially with park use and enjoyment by the public; provided, however, that no permit shall be issued for any unlawful purpose , > > r (e) Whenever a permit is denied by because of a reason set forth in (dl (~-j (2) or (3)~f this Section ( ), alternative suitable locations ~ ~ dates shall be offered to the applicant SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council 1 st RFADI~G ~"~~"~ puc~lc r,~~~RNC ~{_lt-~`~ 3rd ~E~',D,~"G y -\ Z-`t ~ NOT F.F~ hOYEA Cf. ~e RED RASS~ ~ -\Z'4~ 09. :i' t•~AR 1 ~ 1999 COMNIITTEE REPORT TO THE CONIMON COUNCII, OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 25-99 A BILL AMENDING ARTICLE 3 OF CHAPTER 19 OF THE SOUTH BEND MUNICIPAL CODE TO REGULATE MEETINGS, EXHIBITIONS AND OTHER PUBLIC EVENTS IN THE INTEREST OF SAFETY Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. Charlotte Pfeifer Chairman 7O1 W. SAMPLE STREET SOUTH I3END~ INDIANA 46601-2890 PxoNE219/235-9311 Fax 219/288-0268 TDD 219/235-9208 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR SOUTH BEND POLICE DEPARTMENT DARRELL G. GuNN, CHIEF OF POLICE March 15, 1999 President Sean Coleman and Members of the Common Council 4th Floor of the County-City Building South Bend, Indiana Dear Common Council Members: There are some concerns in regard to Municipal Code 19-48 entitled Meetings, exhibitions, parades, racing, etc. We are asking that the Board of Public Safety have some flexibility to request groups who want to use park property for events or meetings to either reschedule the date of use or the property used. This is a public safety issue. The South Bend Police Department and the Board of Public Safety want to ensure that we have the resources and manpower to cover events within the city with police presence and protection adequately. We want to be able to suggest an alternative date or location for the activity so that the event does not unreasonably cause safety, crowd congestion, noise, and traffic flow problems. Therefore, I ask the members of the Council to amend the Municipal Code 19-48 to include those changes. Should you have any questions concerning this Ordinance, please feel free to contact me. Sincerely, ~~%N'c,rrl ~C/ Darrell G. Chief of Pct DG\mm ~~~ Gunn ~0~~4 R~~~'i1rJY ~d ~L,~ ~i~~~f12.7 :s t~~~~; 1 ~ 1s~9 is'~ F V ri; ~ 1 .. BRENT R. HEMMERLEIN THOMAS H. FALrrZ LYNN C. COLEMAN~~ ~ RICHARD R. KILGORE UNIFORDi DIVISION CHIEF INVESTIGATIVE DIVISION CHIEF COMMUNITY RELATIONS DIVISION CHIEF SERVICES DIVSION CHIEF 235-9315 235-9263 235-9263 235-9314