HomeMy WebLinkAboutORD 7547 AMENDING ORD 7318, SPECIFICALLY SECTION 4.11 PICKETING, DEMONSTRATIONS, SOLICITATIONS AND HANDBILLS ORDINANCE NO.1 S L4 1
AN ORDINANCE AMENDING ORDINANCE 7318, SPECIFICALLY SECTION 4.11
PICKETING, DEMONSTRATIONS, SOLICITATIONS AND HANDBILLS, IN TITLE 1
GENERAL GOVERNMENT, CHAPTER 3, AVIATION COMMISSIONS, ARTICLE 5
AIRPORTS AND AVIATION, SECTION 1-3-43 OF THE AUGUSTA, GEORGIA CODE OF
ORDINANCES TO PROVIDE FOR A PERMITTING PROCESS AND TO ADD AN EXHIBIT
A SETTING FORTH THE DESIGNATED AREAS; TO PROVIDE AN EFFECTIVE DATE
AND FOR OTHER PURPOSES.
WHEREAS,on February 7,2012,the duly elected governing authority of Augusta,
Georgia adopted Ordinance 7318 to approve new rules and regulations for the operation of the
Augusta Regional Airport(Airport); and
WHEREAS,the Airport desires to amend Section 4.11 Picketing,Demonstrations,
Solicitations and Handbills to provide for a permitting process and to add an Exhibit A setting forth
the designated areas; and
WHEREAS,the Board of Commissioners have deemed it to be in the best interest of the
citizens of Augusta, Georgia to adopt the amendment to the Airport Rules and Regulations
implemented by the Augusta Aviation Commission and the Airport Executive Director for the
operations of the Augusta Regional Airport.
THE AUGUSTA,GEORGIA COMMISSION ordains as follows:
SECTION I. That Section 4.11 of Ordinance 7318,which currently reads as follows:
4.11.Picketing Demonstrations,Solicitations and Handbills
4.11.1. General Policies. The exercise of constitutional rights of expression and
communication in public areas of the Airport shall not be restricted or infringed because of the content of
the communication or identity of the speakers. No prior restraint of speech is permissible. It is necessary,
however, to generally regulate speech activity on Airport property and articulate standards on permissible
conduct in advance in order to deal with overcrowding of the Terminal. At all times when a restriction is
imposed,the least restrictive alternative shall be required.
4.11.2. Prohibited Conduct. Any person may engage in speech-related activities on public
areas of Airport property so long as the following restrictions are obeyed:
4.11.2.1.No violation of federal,state or municipal criminal laws;
4.11.2.2. No intentional touching or making physical contact with another person
unless that person consents to such physical contact;
4.11.2.3.No use of voice or sound amplification equipment;
4.11.2.4. No use of placards, banners or signs made of wood, metal, or other hard
substances within the Airport terminal or on the sidewalk immediately adjacent thereto;
4.11.2.5.No use of a table,counter, or stand within the Terminal building or on the
sidewalk immediately adjacent thereto without written authorization of the Executive Director;and
4.11.2.6.No impeding of pedestrian or vehicle access to any Airport facility.
4.11.3. Authorization of Executive Director. The Executive Director may request that
persons engaging in speech activity within the Terminal building or on the sidewalks adjacent thereto
confine themselves to designated areas if the unrestricted presence of such persons causes serious public
inconvenience upon the operation of the Airport. Such determination may be made after allowing the
activity and upon making a finding that the activity's continuance causes blockage of ticket lines,baggage
handling, car rental or other commercial activities, or aircraft, automobile, limousine or bus boarding or
unloading, or results in inability to transact business at the Airport. If such designated areas are already
occupied by other persons exercising constitutional speech rights, the persons engaging in the interfering
activity shall be requested to conduct such activities outside of the Terminal building or adjacent
sidewalks. Priority of use of the designated areas for speech-related activities shall be given to the persons
or group first requesting permission for such use in writing.
4.11.4. Limitations on Use of Sidewalk Area.No group of persons who are exercising free
speech rights shall occupy more than one of the three sidewalk areas adjacent to the front entrances to the
Terminal building entrances.
4.11.5. Removal from Airport Property. Persons or organizations engaging in the free
speech activities shall be subject to arrest for trespass in the event they continue to violate these rules after
the Executive Director gives notice to cease and desist to any person engaging in the activity. Failure of the
person receiving the notice to communicate the notice to other persons in that group shall not be a basis to
set aside the notice.
4.11.6. Advance Notification. Advance notification to the Executive Director of intent to
picket, demonstrate, solicit, or distribute printed material at the Airport is encouraged but not required.
Interested groups may wish to give advance notice where possible so that any possible interference with
Airport activities can be resolved in advance.
Shall be amended to read as follows:
4.11.Picketing,Demonstrations,Solicitations and Handbills
4.11.1. General Policies. The exercise of constitutional rights of expression and
communication in public areas of the Airport shall not be restricted or infringed because of the content of
the communication or identity of the speakers. No prior restraint of speech is permissible. It is necessary,
however, to generally regulate speech activity on Airport property and articulate standards on permissible
conduct in advance in order to deal with overcrowding of the Terminal. At all times when a restriction is
imposed,the least restrictive alternative shall be required.
4.11.2. Prohibited Conduct. Any person may engage in speech-related activities on public
areas of Airport property so long as the following restrictions are obeyed:
4.11.2.1.No violation of federal, state or municipal criminal laws;
4.11.2.2. No intentional touching or making physical contact with another person
unless that person consents to such physical contact;
4.11.2.3.No use of voice or sound amplification equipment;
4.11.2.4. No use of placards, banners or signs made of wood, metal, or other hard
substances within the Airport terminal or on the sidewalk immediately adjacent thereto;
4.11.2.5.No use of a table,counter, or stand within the Terminal building or on the
sidewalk immediately adjacent thereto without written authorization of the Executive Director;and
4.11.2.6.No impeding of pedestrian or vehicle access to any Airport facility.
4.11.3. Authorization of Executive Director. The Executive Director may request that
persons engaging in speech activity within the Terminal building or on the sidewalks adjacent thereto
confine themselves to designated areas if the unrestricted presence of such persons causes serious public
inconvenience upon the operation of the Airport. Such determination may be made after allowing the
activity and upon making a finding that the activity's continuance causes blockage of ticket lines, baggage
handling, car rental or other commercial activities, or aircraft, automobile, limousine or bus boarding or
unloading, or results in inability to transact business at the Airport. If such designated areas are already
occupied by other persons exercising constitutional speech rights,the persons engaging in the interfering
activity shall be requested to conduct such activities outside of the Terminal building or adjacent
sidewalks. Priority of use of the designated areas for speech-related activities shall be given to the persons
or group first applying for a permit for such use in writing.
4.11.4. Limitations on Use of Sidewalk Area. Groups or persons who are exercising free
speech rights shall occupy-only those areas identified on the permit.
4.11.5. Removal from Airport Property. Persons or organizations engaging in the free
speech activities shall be subject to arrest for trespass in the event they continue to violate these Rules after
the Executive Director gives notice to cease and desist to any person engaging in the activity. Failure of the
person receiving the notice to communicate the notice to other persons in that group shall not be a basis to
set aside the notice.
4.11.6. Advance Notification and Permit Application. Advance notification to the
Executive Director of intent to picket, demonstrate, solicit, or distribute printed material at the Airport is
required. Interested groups should provide advance notice -and submit a permit application so that any
possible interference with Airport activities can be resolved in advance.
4.11.7 Rules: Due to the continuous growth of the Airport, Terminal space is valuable and
primarily limited to passengers and customers. The Aviation Commission implemented the following rules
to help insure the safety and well-being of Airport patrons.The Rules are as follows:
4.11.7.1 Schedule: The requesting person(s) must agree to a set schedule provided by the
Executive Director. Schedules will be limited to certain days and hours of the week with a
select number of groups allowed each day.
4.11.7.2 Designated Areas:the safety and congestion concerns are best addressed by
limiting the locations for free speech activity.Therefore,designated areas have been
selected for this purpose and shall be assigned prior to issuance of a Permit. The
Designated Areas will be available to individuals intending to engage in free speech
activity at all times that the Airport is open to the public; provided that, if necessary to
preserve the safety of the Airport or the free flow of pedestrian traffic in the Airport, the
Executive Director may suspend the exercise of permitted activities if he declares an
emergency on account of weather,schedule interruptions,extremely heavy traffic
movements, security or safety concerns. In such an instance,all persons engaged in
permitted activities shall immediately cease such activities for the duration of such
emergency. The Executive Director shall allow the resumption of all permitted activities
suspended under this Policy upon abatement of the conditions or circumstances giving
rise to the emergency. Temporary restriction or suspension of permitted activities under
this subsection shall not constitute the denial or revocation of a permit. The Designated
areas are set forth on Exhibit A.
4.11.7.3 Display Materials: the use of tables, counters, or stands is prohibited inside the
Terminal building without written authorization of the Executive Director. Only one
display will be allowed per organization.
4.11.7.4 Supervision and Distance: The supervising party must remain within 3 feet of
their display at all times. Per security policy and procedures set by the Transportation
Security Administration (ISA) and the Federal Aviation Administration (FAA) no bags,
luggage,or personal items should be left unattended while at an Airport,this would
include any displays.
4.11.7.5 Seating: Seating areas located within the Terminal building are restricted to
passengers and customers only. Individuals who are at the Airport for solicitation/display
purposes shall bring their own seating. Seating shall be limited and set forth in the Permit.
4.11.7.6 Temporary Materials: All displays must be temporary in nature and shall be
removed immediately after each scheduled time slot. Materials shall not be posted or
stored on Airport property.
4.11.7.7 Electronics:No use of light,sound or voice amplifications systems,musical
instruments, radio communication systems or other mechanical sound or light devices or
equipment shall be allowed. The requesting Party shall not use the Airport's power outlets
for display purposes,such as projectors,videos,or static displays or for personal
electronics.
4.11.8 Solicitation for the Immediate Receipt of Funds is prohibited. In-person solicitation
of funds,when combined with immediate receipt of that money, is different in kind from
other forms of expression or conduct, as it can create congestion and duress on the part of
the passenger or user of the Airport. Therefore,the following conduct is prohibited at the
Airport if the receipt of funds from such conduct would be on-site and part of the same
interaction in which the conduct occurs:
4.11.8.1. The sale of any merchandise,including but not limited to jewelry,
foodstuffs,candles,flowers,badges and clothing.
4.11.8.2 The sale of flyers,brochures,pamphlets,books,or any other printed or
written material.
4.11.8.3 The solicitation and receipt of funds.
4.11.9 The Airport shall establish a written Policy for the issuance of permits and the
activities of those persons desiring to engage in picketing, demonstrations, solicitations
and handbilling. Such Policy shall be in conformance with the Rules set forth herein.
EXHIBIT A
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SECTION II. Said amendment to the rules and regulations adopted herein shall control
the operations of the Augusta Regional Airport at Bush Field and shall be adhered to by all users of
the Airport.
SECTION III. The provisions of any ordinances or resolutions or parts of ordinances or
resolutions in conflict herewith are repealed.
SECTION IV. Should any section, subsection, clause or provision of this ordinance be
declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
validity of the Ordinance in whole or any part thereof other than the part so declared to be invalid.
SECTION V. This First amendment to Ordinance 7318 shall become effective upon its
adoption.
Adopted this �.\ day of Oc.-Fvbar ,2016.
Gi�c�vG,,t
Hardie Davis,Jr.,Mayor
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