12-10-18 Public Works and Property Vacation

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