HomeMy WebLinkAboutORD 6591 SIDEWALKS
Augusta Richmond GA
DOCUMENT NAME: C) - t> '0 - lpS" C) t
DOCUMENT TYPE: ~ <Z \)\ N ~ <i'Vc.. ~
YEAR: ;)OOQ
BOX NUMBER: ) <6
FILE NUMBER: 1l.t5 <6 ~
NUMBER OF PAGES:
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ORDINANCE NO. ..' _6591
AN ORDINANCE TO AMEND TITLE 3, CHAPTER 4, SECTION 11 OF
THE AUGUSTA-RICHMOND COUNTY CODE REGULATING CERTAIN
EVENTS CONSISTING OF FIVE OR MORE PERSONS TO BE HELD
ON SIDEWALKS, STREETS, PUBLIC RIGHT -OF-WAYS OR OTHER
PUBLIC PROPERTY WITHIN AUGUSTA; TO PROVIDE FOR A PERMIT
FOR SUCH EVENTS; TO PROVIDE FOR THE CONTENTS OF SAID
APPLICATION; TO PROVIDE THAT THE SHERIFF SHALL ISSUE OR
DENY SAID PERMIT; TO PROVIDE CONSIDERATIONS FOR THE
SHERIFF IN ISSUING OR DENYING SAID PERMIT; TO PROVIDE TIME
REQUIREMENTS FOR APPLYING FOR SAID PERMIT; PROVIDE FOR
APPEAL; TO PROVIDE FOR JUDICIAL REVIEW; TO PROVIDE FOR
THE INTENT OF SAID ORDINANCE; TO PROVIDE FOR REVOCATION
OF TERMINATION OF EVENT OR PERMIT; TO PROVIDE FOR
SEVERABILITY; TO PROVIDE AN EFFECTIVE DATE; AND FOR
OTHER LAWFUL PURPOSES
NOW, THEREFORE, BE IT ORDAINED BY THE AUGUSTA-RICHMOND
COUNTY COMMISSION AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF
SAME AS FOLLOWS:
Section 1. The Augusta-Richmond County Code, Title 3, Chapter 4, Section
11 is hereby amended by striking Sp.ction 11 in its entirety and substituting in lieu
thereof the following:
~ 3-4-11 Events consisting of more than five persons on public
property
There shall be no public demonstration or protest, (herein after
referred to collectively as "event") consisting of five (5) or more persons on
any sidewalk, street, public right-of-way or other public property within
Augusta unless a permit for same has been issued for such event by the
Sheriff of Richmond County.
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(a) Application Process. Application for said permit shall be made to the
Sheriff of Richmond County and shall contain the following information for
review by said Sheriff:
(1) The name and address of the applicant. If the applicant is an
entity such as a corporation or partnership, the application shall contain
the name of the person making the application on behalf of said entity, a
description of the entity, the person's relationship to said entity, and the
address of such representative.
(2) The application shall include a plan for review by the Sheriff,
which plan will include the number of persons anticipated to participate in
said event, the date or dates of said event, the hours anticipated that said
event will encompass, the exact location of said event and the proposed
methods to be utilized in said event including the use of amplifiers,
bullhorns, megaphones or other types of amplification equipment. The
plan shall also include provisions that will insure the safety of the applicant
and others participating in said event, as well as the public at the location
where the event shall take place.
(3) In addition to said plan, the applicant shall provide an
indemnification and hold harmless agreement in favor of Augusta, Georgia
and its elected officials, the Augusta-Richmond County Commission, the
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Sheriff of Richmond County, and their officers, agents and employees in a
form satisfactory to the attorney for Augusta, Georgia.
(4) The full and complete application including all requirements
enumerated herein shall be submitted to the Sheriff of Richmond County
at least twenty (20) days prior to the first day of the proposed event.
(5) Nothing herein shall be construed as precluding the filing of
an application in less than twenty (20) days in the case of exigent or
unanticipated circumstances; provided, however, if the event the permit is
denied, the time limits hereinafter set forth in subparagraph (b) and (c)
shall apply.
(b) Review of Application.
(1) In reviewing said application and the plan for said event
submitted by the applicant, the Sheriff may consider the methods to be
utilized in the proposed event, the plan for the safety of the applicant and
others participating in the event as well as the public, the location where
the event is being proposed, the hours of the proposed event, the
expected or anticipated traffic or traffic congestion (motor vehicle or
pedestrian) at the proposed location, prior requests by the applicant as
well as prior experience of events by said applicant, and such other
matters as may be important to assure the safety of the applicant and
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others participating in the event and the safety of the public at the time
and place where the event is proposed to take place.
(2) The Sheriff shall have seven (7) calendar days to act on
said application following receipt of the completed application for permit.
The Sheriff may grant said application as submitted, grant said application
provisionally, conditioned on certain revisions to the plan submitted by the
applicant, or deny said application. If the Sheriff does not grant the permit
as applied for, the Sheriff shall provide the reasons for such denial or
provisional approval in writing to the applicant. The decision of the Sheriff
must be communicated to the applicant by first class mail. Should the
Sheriff fail to render a decision within seven (7) calendar days of receipt of
the application, any required approvals are waived.
(3) The Sheriff may deny the application in whole or in part for any
reason if the Sheriff determines that the plan submitted by the applicant
will raise public safety concerns to those participating in the event or to the
public and/or for the following reasons:
a. the application for permit (including any required
attachments and submissions) is not fully completed and properly
executed;
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b. the application for permit contains material falsehoods or
misrepresentations;
c. the applicant is legally incompetent to contract or to sue
and be sued;
d. the applicant or the person on whose behalf the
application for permit was made has on prior occasions damaged
public property and has not paid in full for such damages or has
other outstanding unpaid debts to Augusta or Richmond County or
any outstanding fines assessed by any Richmond County court;
e. the proposed plan submitted by the applicant would
present an unreasonable danger to the health or safety of the
applicant, others participating in the event or other members of the
public at large;
f. the plan submitted by the applicant would unduly restrict
and/or congest traffic ( motor vehicle or pedestrian ) on any of the
public roads, right of ways or sidewalks in the immediate vicinity of
such event within Augusta;
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g. the proposed plan would lead to an unreasonable
disturbance of the peace in the area at the time of the proposed
event;
h. the plan submitted by the applicant includes activities
which are prohibited by laws of the State of Georgia, the United
States, or any ordinances of Augusta, Georgia; and/or
i. the applicant or the person on whose behalf the application
for permit has in the past violated this ordinance or any
predecessor ordinances governing permits for similar events.
(c) Appeal and Judicial Review. Upon receipt of any decision by the
Sheriff either denying an application in whole or in part, the applicant may
within five (5) calendar days file an appeal of said denial with the Sheriff
which appeal shall be in writing and be sent to the Sheriff by certified mail
or hand delivery. Upon the receipt of any such appeal the Sheriff shall
notify the attorney for Augusta who shall promptly (no later than seven (7)
calendar days after receipt of the appeal) seek judicial review of the
proposed denial of the application in a Court of competent jurisdiction.
Augusta shall have the burden of demonstrating the validity of the denial
of the permit as applied for by the applicant. If no appeal is filed by the
applicant, Augusta shall have no duty to seek judicial review of the
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Sheriff's decision. The applicant may seek judicial review of a denial in
whole or in part of a permit in a court of competent jurisdiction at any time
after notification of the Sheriff's decision on the application.
(d) Intent. It is the specific intent of the Commission in passing this
ordinance to regulate only the time, place and manner of such events and
not to regulate the specific content or message of any speech by any
applicant hereunder. Only public safety and other concerns as stated
herein shall be considered by the Sheriff in the decision to issue or deny a
permit hereunder.
(e) Revocation of Permit. Notwithstanding the grant of any permit
as provided herein, the Sheriff of Richmond County and/or his duly
authorized deputies shall have the right to terminate the event at any time,
either before or during the event, should traffic, weather, or other
conditions develop which present an imminent and undue danger to the
applicant, the applicant's representatives, those participating in the event
pursuant to said permit, or to the public at large, should any other
consideration enumerated herein arise or if those participating in the
event violate the terms of the permit or the plan submitted by the applicant
as approved by the Sheriff.
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(f) Private Property. No such events regulated herein shall be held
on any private property within Augusta, Georgia without the express
consent of the owner or his authorized agent.
Section 2. This ordinance shall become effective upon adoption.
Section 3. All ordinances or parts of ordinances in conflict with this
ordinance are hereby repealed.
Section 4. Should any section, provision, or clause of any part of this
Ordinance be declared invalid or unconstitutional, or if the provisions of any part of this
Ordinance as applied to any particular situation or set of circumstances be declared
invalid or unconstitutional, such invalidity shall not be construed to affect portions of this
Ordinance not so held to be invalid, or the application of this Ordinance to other
circumstances not so held to be invalid. It is hereby declared as the intent of this
Ordinance would have been adopted had such invalid port. not been included herein.
Duly adopted this /:>? day of
if Mayor Bob You
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Cerk ~
First Reading:
Feb. 18, 2003
Second Reading:
~~~ve 2~d Readin~
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Published in the Augsuta Chronicle February 27, 2003
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