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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: C6 " . ~ . I . .0 . . 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. 1 , , (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 2 .~ '- 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 3 t . . v . 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; 4 ". 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; 5 ~, 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 6 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. 7 ~... . . ' ,,;, ' ... . (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 / ~~ Cerk ~ First Reading: Feb. 18, 2003 Second Reading: ~~~ve 2~d Readin~ ---.-~. Published in the Augsuta Chronicle February 27, 2003 8