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HomeMy WebLinkAbout2002-4-6498253 ORDINANCE 2002-4-6498 AN ORDINANCE PROVIDING FOR THE REGULATION OF GENERAL ASSEMBLIES WHEREAS, the City does not presently provide for the regulation of general assemblies by ordinance; and WHEREAS, it is the opinion of the Board of Commissioners that it would be beneficial to the general public that regulations be provided for general assemblies. NOW, THEREFORE, be it ordained by the City of Paducah, Kentucky: DIVISION I. IN GENERAL Section 1. "General assembly" shall be defined as any meeting, demonstration, picket line, rally, or gathering of more than twenty-five (25) persons for a common purpose as a result of prior planning that interferes with or has a tendency to interfere with the normal flow or regulation of pedestrian or vehicular traffic or occupies any public area in the place open to the general public to the hindrance of others. General assembly shall include but not be limited to festivals, organized celebrations, and other special events. Section 2. This article shall not apply to: (1) Private or personal events such as family reunions and church activities and other gatherings not typically open to the public which occur in public parks; and (2) Events and activities conducted at Paducah's Civic Center or Convention Center. Section 3. Duty of Permittee. A Permittee under this article shall comply with all permit directions and conditions and with all applicable laws and ordinances of the City of Paducah, the State of Kentucky, and the United States. Section 4. Public Conduct During a Public Assembly. No person shall unreasonably hamper, obstruct, impede, or interfere with any permitted general assembly. DIVISION 2. PERMITS Section 5. Permit Required. No person shall organize or conduct a general assembly on any public street, alley, way, sidewalk, park, or other public area unless such person shall obtain a permit and otherwise comply with the provisions as set forth herein. Additionally, no person shall participate in any general assembly unless a permit has been issued for such general assembly. Section 6. Application for Permit. A person seeking a general assembly permit shall file an application with the City Manager at least thirty (30) days prior to the date of such event. The application for a general assembly permit shall set forth the following information: 254 (1) The name, address and telephone number of the person seeking permission to conduct a general assembly. (2) If the general assembly is proposed to be conducted for, on behalf of or by an organization, the name, address and telephone number of the headquarters of the organization and of the organization's authorized representatives and responsible heads of such organizations. (3) The name, address and telephone number of the person who will be the event coordinator who will be responsible for its management. (4) The date or dates when the general assembly is to take place. (5) The area where the general assembly is to take place. (6) The hours when the general assembly will start and terminate. (7) Whether the applicant or sponsoring organization of the proposed general assembly proposes to select and authorize participants as provided in Division 3 of this ordinance. (8) Such other information as may be required by the City Manager. Section 7. Business License. Prior to the issuance of the permit, the applicant shall obtain from the City Finance Department a business license and shall pay the business license fee, if applicable, all as required under Chapter 106 of the Paducah Code of Ordinances. Section 8. Indemnification. The person seeking a general assembly permit shall provide an indemnity to the City wherein such person shall agree to indemnify the City and save it harmless from any damage to City property incurred during the event and from any claim made against the City which was incurred during and as a part of such event. The City Manager shall have the authority in his reasonable discretion to require such person to have issued a general liability insurance policy or bond wherein the City is insured with such coverage as determined by the City Manager. Section 9. Standards for Issuance. The City Manager shall issue a general assembly permit when, from a consideration of the application and from such other information as may be otherwise obtained, he finds that: (1) The conduct of the general assembly will not be inimical to the health, welfare, and safety of the general public which may be affected by the �D event. (2) The conduct of the general assembly will not present an undue burden upon the provision of municipal services such as police, fire, engineering, inspection, and sanitary services. (3) The conduct of the general assembly will not unreasonably obstruct traffic. 255 (4) The conduct of the general assembly will not unreasonably interfere with the general public's use of the area. (5) The applicant has obtained a business license if required under Section 106 of the Paducah Code of Ordinances. (6) The applicant has provided sufficient indemnity to the City. Section 10. Notice of Rejection. The City Manager shall act upon the application for a general assembly permit within fourteen (14) days after the filing thereof. If the City Manager rejects the application, he shall deliver to the applicant a notice of his action, stating his reasons for his denial of the permit. Section 11. Contents of Permit. Each general assembly permit shall state the following: (1) Name of permittee; (2) Name of event coordinator; (3) The date or dates of the general assembly; (4) The time of the commencement and termination of the event; (5) The permit area; and (6) Such other information as directed by the City Manager. Section 12. Notice to City Officials Upon Issuance. Immediately upon the issuance of a general assembly permit, the City Manager shall send a copy thereof to the following persons: (1) The Mayor and Board of Commissioners; (2) The Chief of Police; (3) The City Attorney; (4) The Fire Chief, and (5) The Public Works Director. Section 13. Possession. The event coordinator shall carry the general assembly permit upon his or her person during the conduct of the event. Section 14. Revocation. (1) The City Manager shall have the authority to revoke a general assembly permit in the event of the failure of any of the standards as set forth in Section 9. (2) The Chief of Police shall have the authority at any time to revoke or suspend a general assembly permit for an indefinite period of time under exigent circumstances or the threat thereof which present a reasonable concern for public safety. Section 15. Appeal. In the event any person's application for a general assembly permit has been denied by the City Manager, such aggrieved person shall have the right to appeal the City Manager's decision to the City Commission. Such appeal shall be made within a period of ten Z5 6. (10) days following the issuance of the City Manager's rejection of the application. To perfect the appeal, the aggrieved person shall provide written notice of the appeal to the City Clerk within the aforesaid ten (10) day period. The City Commission shall conduct a hearing on such appeal within thirty (30) days following the receipt of the written notice of appeal. DIVISION 3. CONDUCT OF ACTIVITIES Section 16. Permit Area -Control. During the term of the permit, the event coordinator shall have the general control of the activities to be conducted within the permit area, subject, however, to the ultimate and superior control and jurisdiction of the City. Such person's control of such area shall be reasonable with due regard for the safety and welfare of the participants and the general public. The event coordinator shall have the authority to select and authorize participants who are to participate in the event and to establish fees and guidelines regarding such participation. The event coordinator shall have the right to exclude unauthorized persons from participating in the event within the permit area. The event coordinator shall not at any time exclude any person from participating in any activity by reason of such person's race, creed, color, or by reason of such person being a member of a protected class, or otherwise discriminate against any person in the conduct of the event. Section 17. Activities in the Permit Area. The activities which may be conducted in the permit area shall at all times be a lawful activity. Such activities may include the sale of merchandise, food, and beverages. Any person engaging in such activity as a permitted participant of the event shall not be required to obtain a business license as may be otherwise required under Chapter 106 of the Paducah Code of Ordinances, excepting however, any person who engages in such activities as a participant in Paducah's Saturday Night Program, in which case such person shall be obligated to obtain a business license. Section 18. Exceptions. (1) Notwithstanding the provisions of Sections 6 and 7 above, and as an exception thereto, merchants who regularly engage in a business at a business site located within the permit area shall have the right to utilize the sidewalk in front of the merchant's business site in accordance with Section 98.6. The merchant shall also have the authority to permit another vendor to display and sell merchandise on the sidewalk in front of the merchant's business site, provided that such vendor displays and sells similar merchandise which is displayed and sold by the merchant, and provided further that the vendor obtain a business license under Chapter 106 of the Paducah Code of Ordinances. (2) Notwithstanding the provisions of Sections 6 and 7 above, and as an exception thereto, the owner of any bank or business site which is not in the business of displaying and selling merchandise which is located within the permit area shall have the authority to permit charitable MIA organizations or youth entrepreneurs to utilize the sidewalk in front of such bank or business site for the display and sale of merchandise, provided that the merchandise displayed and sold is not the same merchandise displayed and sold by any merchant which is directly contiguous to the bank or business site. DIVISION 4. PENALTY Section 19. Penalty. Whoever violates any provisions of Section 5 shall be guilty of a misdemeanor and shall, upon conviction, be subject to a fine of not more than $500.00, or imprisonment of not more than 30 days, or both, for each offense. Section 20. This ordinance shall be read gn two separate days and will become effective upon summary publication pursuan`tto KRS-Ctra X424. 6101 William Paxton, Mayor ATTEST: Tammara S. Brock, Asst. City Clerk Introduced by the Board of Commissioners, April 2, 2002 Adopted by the Board of Commissioners, April 9, 2002 Recorded by Tammara S. Brock, Asst. City Clerk, April 9, 2002 Published by The Paducah Sun ORD\29101