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HomeMy WebLinkAboutORD 7168 AMEND CODE 3-4-11 EVENTS ON PUBLIC PROPERTYORDINANCE NO. 7,168 AN ORDINANCE TO AMEND THE AUGUSTA, GA CODE TITLE THREE SECTION 3 -4 -11 RELATING TO EVENTS HELD ON PUBLIC PROPERTY; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. WHEREAS, Augusta - Richmond County desires to update and amend the Code as related to events held on public property, to update the Code to address public safety and First Amendment concerns; THE AUGUSTA - RICHMOND COUNTY COMMISSION ordains as follows: SECTION 1. AUGUSTA, GA CODE Section 3 -4 -11 as set forth in the AUGUSTA, GA CODE, re- adopted July 10, 2007, is hereby amended by striking this section in its entirety as set forth in "Exhibit A" hereto. A new Code Section 3 -4 -11 is hereby inserted to replace the repealed Code Section as set forth in "Exhibit B" hereto. SECTION 2. AUGUSTA, GA CODE Section 3 -7 -34 as set forth in the AUGUSTA, GA CODE, re- adopted July 10, 2007, is hereby amended by striking this section in their entirety as set forth in "Exhibit C" hereto. A new Code Section 3 -7 -34 is hereby inserted to replace the repealed Code Section as set forth in "Exhibit D" hereto. SECTION 3. This ordinance shall become effective upon its adoption in accordance with applicable laws. SECTION 4. All ordinances, parts of ordinances, policies, and procedures concerning events held on public property in conflict herewith are hereby repealed. Adopted this 16 1st reading March 2nd 2010 Attest: 1L)A UCY 4-). DSO/, 44b , Clerk of Commission Seal: day of March , 2010. 4 David S. Copenhaver As its Mayor CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta - Richmond County Commission on MarcY,16 , 2010 and that such Ordinance has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the foregoing meeting(s). Lena J. Bonner, Clerk of Commission Published in the Augusta Chronicle. Date: March 25 2010 First Reading March 2, 2010 Second Reading March 16, 2010 Exhibit A r. A, MURTMEWI III 7 " , jr i SAMMUM A r,'7 Ma r. A, MURTMEWI 7 " , jr -, -- SAMMUM A tie��ssr�. ni . ae �a t�l LR�S t �i49 jr WW tie��ssr�. ni . ae �a t�l LR�S t �i49 • tie��ssr�. ni . ae �a t�l LR�S t �i49 mine JW I - - M -0 - mine JW JW 1 1MO - - IN 'Thn 1114M 11 offi NOW m F--m. lll `�!" , IN 'Thn 1114M 2 "70. 2.�" MT IN - . .. .... . ........... JIM ." P.Wwma W IN - Exhibit B Sec. 3 -4 -11. Events on Public Property. al Use of Public Spaces and Facilities. No person or private entity shall without first being permitted by the Sheriff after application made according to the requirements set out hereinafter: 11 Conduct a public assembly, meeting, march, parade, demonstration, or other like event, either fixed or processional, involving 50 or more attendees or participants in any Public place, including but not limited to: a. any Augusta- Richmond County Park or b. utilizing any Augusta- Richmond County building or structure, or c. utilizing any Augusta- Richmond County baseball/softball field or tennis court or d. utilizing any Augusta- Richmond County property in a manner which has the effect. intent. Purpose or substantial likelihood of obstructing motor vehicle or pedestrian traffic: or (2) Station or erect an y building, stand, bandstand, stage, tower. scaffold. sound stage, platform, rostrum or other structure on, over or upon the public properties of Augusta - Richmond County: or (3) Create or emit any electronically amplified sound (except from a radio, recorder or other device which is possessed and used by an individual for his/her own enjoyment and is operated in such a manner so as to not interfere with the use and enjoyment by any other personl: or 41 Conduct any exhibit, fair, or circus over, or upon the Public pXo erties of Augusta- Richmond County: or station or use any electrical or electronic device or equipment that would require outdoor auxiliaU power. Application. 11 Within no less than five (5) days prior to an event, the person or persons associated in fact, whether or not a legally recognized entity, who wish to conduct an event requiring a permit, as set forth herein, shall apply to the Sheriff for such permit. Such application shall at a minimum include: a. The name, mailing and street address, gender, birth date and social security number of the Applicant. If the application is made by or for an association of persons or other organization, the application shall set forth as to each such entity, the legal form of the entity (e.g., corporation, unincorporated association, LLP, etc.); the name of said entity, if named; the registered or recognized address of the entity, if any: the federal tax identification number of the entity: the name, mailing and street address, date of birth and social security number of the person making the application on behalf of or as a representative of said entity: such person's relationship to said entity; and some demonstration or recitation of the authority of the person making the application to act on behalf of the entity. b. A plan to be reviewed by the Sheriff which plan will include: 1) anticipated number of persons participating in the event: 2) date or dates of the event, including whether the event will be held only once or will be held reoeatedly on a weekly. semimonthly, monthly, semiannual, annual, or other rem schedule: 3) hours of each day the event will be conducted; 4) exact location of said event, or, if the event is processional or mobile, the specific route of the event: 5) whether sound amplification equipment will be employed, and, if so, a description of what equipment will be used sufficient to allow the Sheriff to evaluate the plan; 6) whether artificial ling will be employed and, if so, a description of what equipment will be used sufficient to allow the Sheriff to evaluate the plan. 7) whether temporary static structures such as stages., bleachers, canopies, stands, towers, scaffolds, platforms. rostrums podiums portable toilets or other temporary static structures will be constructed or employed, whether vehicles will be employed, and if so, a description of same sufficient to permit the Sheriff to evaluate the plan. 8) a description of the anticipated need for safety, police medical, sanitation, and other required personnel and equipment, with the anticipated needed numbers and suggested posting by location and time of such personnel and equipment, along with a listing of what such personnel and equipment will be provided by Applicant; 9) a description of provisions necessary to the safety and welfare of the participants in the event and members of the public in the area where the event will be conducted and routes of access thereto and therefrom: 10) whether the event will reauire that the public spa or facilities to be used or burdened, or the routes and means of access thereto and therefrom, be temporarily diverted from their dedicated or customary uses, or the public or private users thereof be diverted or excluded from, or limited in their use or enjoyment of, or their access to or through, said spaces or facilities, before, during, or after the event; 11) whether any sign, displa& flag, placard. or banner larger than two feet by three feet (2'x 3') or using any wooden, metal, or hard plastic material, support or other component will be used: and 12) The name, permanent street and mailing addresses, telephone numbers where the persons responsible for each of the following matters may be reached before, during and after the proposed event, and fax number and e -mail address if available: general communication with public safety and other Augusta- Richmond County staff, security, peacekeeping. sanitary and toilet facilities. medical and healthcare, and trash clean-up. c. A disclosure as to whether the Applicant, or any entity for whom the application is being made, is or has been a party to (whether or not then operating under the same or any other name) any legal action, civil, criminal, or administrative, arising out of any event of a nature substantially similar to the one proposed in the application, and, if so, identifying information as called for in the application: d. A disclosure as to whether the Applicant or any entity for whom the application is being made has failed to satisfy or is in violation or contempt of or in arrears as to any civil, criminal. or administrative fine, penalty, judgment, order, or award (whether or not then operating under the same name) as a result of participation in any prior events(s) of a substantially similar nature to that which is the subject of the instant application, and if so, a description of said fine, penalty, award, judgment or order and an explanation for non- compliance. (2)Untimely permit applications will be considered and may be granted if reasonably practicable and if appropriate under other provisions of this Code Section, but in such case the time limits for appeal of a denial. shall remain the same. (3)Where an event conducted on, over, upon, or burdening public properties, or employing the facilities thereon, which is also to substantially involve or take place partly or wholly upon private property with the consent of the owner(s) thereof, such owner(s) or their authorized representatives must be identified in the application and proof of such consent provided for the event. (c) Review by the Sheriff. 1 Within five (5) working days of the receipt of a fully completed executed, and filed application. the Sheriff shall review the application in light of all of the contents thereof and the goals, intentions, and presumptions of this Code Section, and render a decision and communicate same to Applicant either permitting the event as planned or denyingaa permit for same. If the permit is denied. the Sheriff shall provide the Applicant in writing a statement of the reasons why the application is not granted. First class mail to the address provided by Applicant, postmarked no more than five (5) days after receipt of the fully completed, executed, and filed application. shall be sufficient for this puroose, though not the exclusive means of notice. (2) Nothing in this process shall prevent the Sheriff, at its sole option and within the five (5) day period for approval or denial: from conferring with Applicant with respect to modifications of Applicant's plan for the event, and amend the application to reflect such modifications if agreed to by Applicant. However. Applicant may neither supplement nor amend its application within said five (5) day period except at the invitation of the Sheriff. Any attempt to do so sua sponte shall require a separate and new application. (3) The Sheriff may deny the application for permit upon any of the following reasons or combination of reasons. a. The application does not contain all required information or materials, or the information set out in the application is so incomplete, vague, or ambiguous as to prevent full and proper review by the Sheriff. b. The application contains material omissions, falsehoods, or misrepresentations: c. The A �pplicant, or any entity for which the p ermit is sought, is incompetent to contract, sue, or be sued: d. The person applying lacks authority to represent the entity for which the application is made: e. The Applicant or any entity for which the permit is sought has on prior occasions damaged public property. or has not paid in full for such damages, or is in arrears as to any judgment (civil, criminal. or administrative) rendered against the applicant or entity, or is in violation of any injunction or restraining order entered against the applicant or entity, whether under the same name or another: f. The Applicant or any entity for which the permit is sought has on rior occasions violated permitting ordinances m connection with events of a substantially similar nature; g. The plan of the event as proposed is likely to present an unreasonable danger to the health or safety of p articip ants in the event or other members of the public (though not through the agency of any predicted reaction by onlookers or members of the ublic h. The plan of the event as proposed is likely to substantially restrict and/or congest traffic (vehicular or pedestrian) on any of the public roads, right of ways, sidewalks, or waterways in the immediate vicinity of such event: i. The plan of the event as proposed is likely to cause a substantial disturbance of the peace as defined in State law, or is likely to intrude upon the privacy or property of citizens in the area of the proposed event in a manner violative of State law, or is likel�to unreasonably burden commerce in the area of the event by obstructing entrances or exits to any retail, wholesale. manufacturin . transportation. storage, office, or professional or personal service establishment, or by obstructing parkin areas. loading docks, driveways, walkways or other methods of ingress egress to any such establishment: j. The plan of the event as proposed includes activities which are prohibited by laws of the United States. the State of Georgia. or ordinances of Augusta- Richmond County. or activities which constitute nuisance or tortuous conduct with respect to public or private property or person: k. The plan of the event as proposed would conflict with previously planned programs or events organized and conducted by Augusta- Richmond County and previously scheduled for the same time and 1p ace: 1. The plan of the event as proposed is prohibited by or is inconsistent with the zoning classifications and uses of the proposed or desired location: or m. A fully executed prior application for permit has been or will be granted to a prior Applicant authorizing uses or activities which do not reasonably permit multiple occupancy of that particular space: 4) Signs, flags, placards, banners or displays (other than puppets) which exceed two feet by three feet (2'x 3') in size or which include any wooden, hard plastic, or metal material, support, or other component shall not be used or carried in the event unless the item is approved by the Augusta- Richmond County Sheriff s Department prior to commencement of the event (provided that evaluation of a sign MU be based only upon its potential to endanger public safety, and may not be based upon content of the sign's message). No person may use or carry any firearm, spear, pointed or edged apon, slingshot, club, bat, hammer, edged tool, or any piece of metal or hard plastic rod, pipe or tubing, or any piece of wood which is pointed or which is larger than two inches by two inches (2" by 2 ") in cross section or longer than six feet 6') regardless of cross sectional dimension. in any event for which a permit is required under this Code Section. No flag, sign, display, banner, rope, cable, wire, chain, or structure may be draped or affixed to any Augusta - Richmond County property, including, but not limited to, the streets, sidewal trees, buildings or other properties of Augusta- Richmond Count 5) It is the specific intent of Augusta- Richmond County in enacting this ordinance to regulate only the time, place and manner of events and not to regulate the content or message of any speech or expressive conduct. The factors enumerated above express and smpgQqlk substantial and compelling interests of this governing body in the preservation of the rights and liberties of its citizens and the safety, health, and good order of its society, are the only bases upon which the Sheriff shall decide to issue or deny a permit applied for hereunder and no such decision shall be made or justified based upon the anticipated or predicted content of the speech or expressive conduct of any Applicant. dl Revocation. 1) For events that have been granted a permit or events that do not require a permit, the Augusta- Richmond County Sheriff s Department shall have the authority to terminate an event at any time, or prevent its initiation . should traffic, weather, or other conditions develop which present an imminent danger to those participating in the event or to the public at large, or if an evacuation is ordered or a curfew or state of emer enen�or disaster is lawfully declared. If an event is permitted and is terminated pursuant to this subsection. th"ermit shall be revoked for that day only except that the termination shall extend anv such evacuation, curfew or state of disaster or emergency. 2) The Augusta - Richmond County Sheriffs Department shall have the authority to terminate the event at any time or prevent its initiation should any consideration or combination of considerations enumerated herein as around for denial of a permit arise or first become apparent to the Augusta- Richmond County Sheriffs Department after the grant of a permit. If an event is terminated pursuant to this subsection the permit shall be permanently revoked. 3) If in preparatio for or after the start of an event for which a permit has been issued, participants in said event violate the terms of the permit. or deviate in material fashion from the plan submitted in application for the permit, or violate anv laws of the United States, State of Georgia or Augusta- Richmond County, the Sheriff s Dep artment shall have the authority to terminate the event at any time or prevent its initiation. If an event is terminated pursuant to this subsection, the permit shall be permanently revoked. For purpose of this sub- section. exceeding number of projected attendees or participants shall not be considered a material deviation unless the number present exceeds the stated life safety or fire related capacity for an interior space or the maximum number of persons allowed for an exterior space as stated in the permit. (4) It shall be unlawful for any person to violate the terms of the permit or to deviate from the plan submitted in the application for the permit. 5) It shall be unlawful for any person or group of persons who have been permitted to conduct an event to remain on the permitted location or facility, after an event, permitted or otherwise, has been terminated pursuant to this Section. meals. (1) Upon receipt of any decision by the Sheriff denying an application. an Applicant may, within five (5) business days, file an appeal of said denial with the Augusta- Richmond County Administrator, which appeal shall be in writing and sent to the Administrator by certified mail or hand delivery. 2) The written appeal must state succinctly the grounds upon which it is asserted that the determination should be modified or reversed and shall be accompanied by copies of the application for permit the written notice of determination to which appeal is being made, and any other paw relevant to the denial. The written appeal shall set forth an address and day and night telephone numbers where Applicant can be reached regarding the appeal, including for notification of a hearing on 3) Within three (3) business days of the receipt of a written appeal, the Administrator shall schedule a hearing, which shall be set for a date and time certain not later than five (5) business days following the mailing = of the notice. The Administrator shall cause notice of the hearin to served upon the Applicant by certified U.S. mail directed to the address provided by Applicant in the appeal notice. Such notice shall include the date, time, and location of the hearing. Telephonic notice of the hearing setting may also be given and will suffice if the written notice is mailed as required. (4) At the hearing, parties shall be provided a fair and impart ial hearing and shall be allowed to produce any _and all evidence concerning the 51 Within five (5) business days after the conclusion of the hearing the Administrator shall make a written decision on the anneal, which shall affirm modify, or reverse the decision being annealed. The notice of the decision shall be sent to the Applicant at the address set forth on the application for permit by certified U. S. mail and shall set forth the reasons for the decision. 61 The decision of the Administrator shall be binding on all subiect to the right _ of appeal as provided by O.C.G.A. § 5 -4 -1, et sea. (f) Time Allotment. border to promote the public safetv and other concerns provided for in this Code Section. and to coordinate multiple uses of limited space and to enlarge, rather than reduce, the utility of public spaces and facilities as a forum for events, permitted events shall be limited as follows: outdoor events may commence before eight o'clock a.m. or continue past ten o'clock p.m.; parades or processions on streets may only be held during daylight between the hours of eight o'clock a.m. and eight p.m.; parades, processions, and the initial assembly and final disassembly thereof shall not block any street or intersection for more than two hours. and such parades or processions must be completed from initial assembly to procession to final disassembly within six consecutive hours; ballfields, interior spaces and park or square spaces may not be used earlier or later in the day than such hours of operation as may be established by the Augusta - Richmond County Commission. Issuance of an Augusta - Richmond County permit for an activity involving use of or presence upon any State or Federally owned or regulated roadway or property for which State or Federal permit or authorization is required is not intended to constitute such State or Federal authorization in any way or at any hour of the day. (2) At or prior to the expiration of the time allotted and permitted for an event, the permitted person or persons shall have completely vacated the permitted location or facility (3) Certain Augusta - Richmond County owned or operated facilities are subject to reasonable usage fees which shall be char e�y in accordance with rate schedules established in writing and which shall be made available to an Applicant at the time an application form is obtained under this Code Section. ) Exceptions. (1) Nothing in this Code Section shall be read to apply to public assemblies . meetings, marches, parades, demonstrations, or other like events which are organized or sponsored by any governmental entity of the State of Georgia or Augusta- Richmond County or any political subdivision of the State of Georgia or Augusta - Richmond County. Exhibit C Exhibit D - Seca 3 -7 -34. Reserved.