HomeMy Public PortalAboutOrdinances-2006-277 CITY OF TIFFIN IOWA ORDINANCE NO. 2006 - 27
AN ORDINANCE REGULATING PARADES AND PUBLIC
ASSEMBLIES IN THE CITY OF TIFFIN
Section 1: DEFINITIONS AND EXEMPTIONS:
A. Definitions: As used in this chapter, the following definitions shall apply:
AFFILIATED GROUP: A group of persons or an entity engaged in sports or
recreation that: 1) is affiliated with and either sponsored or cosponsored by
the city of Tiffin, including, but not limited to, organized youth soccer, boys'
baseball, and girls'softball; and 2) has executed a memorandum of
understanding with the city for the use of public property.
APPLICANT: A person who applies for a parade or public assembly permit'as
provided in this chapter.
PARADE: A march or procession of more'than twenty five (25) persons, •
vehicles or other forms of transportation, such as bicycles, or combination
thereof, in or upon the public right of way or in a park that necessitates or
results in the exclusion, in whole or in part,-of use of the public right,of way or
the park by others.
PARADE OR PUBLIC ASSEMBLY PERMIT: Written authorization by the city
for use of public property, including the public right of way, as provided in this
chapter.
PARK: Any park or playground owned or controlled by the city, including
streets, trails, and roadways therein.
PERSON: Any natural or corporate person, business association or other.
business entity including, but not limited to, a partnership, a sole
proprietorship, a political subdivision, a public or private agency of any kind, a
utility, a successor or assignee of any of the foregoing, or any other legal
entity.
PUBLIC ASSEMBLY: Any meeting, demonstration, picket line, rally or
gathering of more than twenty five (25) persons on the public right of way or
one hundred (100)_persons in a park for a common purpose as a result of
prior planning that interferes with the normal flow or regulation of pedestrian
or vehicular traffic on the public right of way or in a park or occupies any area
in the public right of way or in a park.
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PUBLIC RIGHT OF WAY: The area on or below a public roadway, highway,
street, bicycle lane, alley, and public sidewalk which is designed for vehicular,
bicycle or pedestrian travel and.dedicated to public use.
PUBLIC SIDEWALK: The improved portion of public right of way dedicated to
and/or intended primarily for pedestrian use.
B. Exemptions: The following are exempt from the provisions of this chapter:
1. Funeral processions.
2. A gathering of an affiliated group or subpart thereof.
3. Spontaneous events responding to news or affairs coming into public
knowledge within three (3) days of such public assembly or parade provided
that the organizer thereof gives written riotice to the city mayor or designee at
least one hour prior to such parade or public assembly.
Section 2: PERMIT AND COMPLIANCE REQUIRED:
A. It shall be unlawful for any person or group of persons'to engage in, present,
conduct or stage a parade or public assembly without first having obtained a
parade or public assembly permit as provided.in this c+hapter.
B. No person shall knowingly participate in or conduct a parade or public
assembly unless a parade or public assembly permit has been obtained.
C. All parades and public assemblies shall be conducted in accordance with the
provisions of the parade or public assembly permit and shall comply with all
applicable state and local laws. No person shall knowingly fail to comply with
the terms and conditions of a parade or public assembly permit.
D. No person shall unreasonably hamper, obstruct, impeede, or interfere with any
parade or public assembly or with any person, vehicle, or animal participating
or used in any parade or public assembly.
Section 3:APPLICATION FOR PERMIT:
A. Filing Application:
private or
1. An application for a parade or public assembly permit shall be filed with the
city mayor or designee by any person or group of persons desiring to use any
'public right of way as provided in this chapter. If the applicant is not a natural
person, the applicant shall identify a natural person who has authority to act
for the applicant with regard to`the parade or public assembly.
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2. All applications shall be filed at least three (3) working days in advance of
the date of the requested use.
3. Applications shall be made on forms prepared by the city mayor or
designee.
B. Application Form: The application form shall contain the following information:
1. Name and address of the applicant.
2. An acknowledgement to be signed by a natural person that he or she has
authority to act on behalf of the group that is requesting the permit.
3. The type of event that is planned, namely parade, or public assembly.
4. Proposed location'or locations.
5. Expected size of group.
6. Date, time and expected duration of the use.
7. Names and contact information of any person to be present at and who will
serve as a contact person for the applicant at the proposed parade or public
assembly.
8. List and description of mechanical or electronic equipment to be used,
including sound amplification.
9. Number and type of any motor vehicles or other forms of transportation to
be used, including bicycles.
10. Number and'type of any animals to be used.
11. Proposal to monitor the event, including the names of any person not
employed by the city who will be responsible for setting up, cleaning up, or
maintaining order and whether the police department will be needed to assist
in maintaining order.
12. Proposal for cleanup.
or private • xcess of 60
13. Except if the parade or public assembly is held helcreiiiiifiriffa. p1bli�
sidewalk, or in a park and does not require any equipment, cables, objects,.
structures, or similar items to be placed on the sidewalk, or park, an
agreement in which the applicant shall agree to pay on behalf of the city all
sums which the city shall be obligated to pay by reason of any liability
imposed upon the city for damages of any kind resulting from use of public
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property and the public right of way, whether sustained by any person or
persons, caused by accident or otherwise and shall defend at its own
expense and on behalf of the city any claim against the city arising out of the
• use of public property and the public right of way.
14. Except if the parade or public assembly is held entirely on a public
sidewalk, or in.a park and does not require any equipment, cables, objects,
structures, or similar items to be placed on the sidewalk, or park, insurance is
required in the reasonable amount necessary to minimize risk of harm to
persons and property based on the nature and size of the event, as
determined by.the city's mayor. The speech content of,the parade or public
assembly shall not be a factor in determining the amount of insurance. The
insurance requirement may be waived if applicant demonstrates inability to
obtain insurance or to pay the cost of insurance.
15. Any other information that the city mayor or designee finds necessary.
Section 4: ISSUANCE OR DENIAL OF PERMIT:
A. Standards For Issuance Of Permit: The city mayor or designee shall grant or
deny the application for a permit in writing, which shall be mailed by ordinary
mail or personally delivered to the applicant and stating the reasons therefore
within seven (7) working days of the application being filed, and no later than
the day prior to the event assuming the application is timely filed. The city
• mayor or designee shall examine the application and shall grant a permit if
the following conditions are met:
1. The use will not unreasonably interfere with the privacy, safety, security,
convenience, and tranquility of the residents or inhabitants of the area in light
of the date and time of said proposed use.
2. The proposed public right of way can accommodate the group or use,
based both on group size and on health and sanitation facilities, whether
available or to be provided by applicant.
3. The proposed use or activity is compatible with the normal activity of the
proposed public right of way at the requested time or!date.
4. The application demonstrates the applicant has the means, planning and
coordination to hold the proposed event, considering the time of day, location,
public facilities available, traffic control, parking.requirements and any
monitoring required to protect the public health and safety.
5. The event will not interfere with either another event4or which a permit has
already been granted or an event organized and conducted by the city for the
same date and time. I
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6. The use will not substantially interrupt the flow of streetand/or pedestrian
traffic 1 .
7. The use will not require the excessive diversion of police from other duties
or substantially interfere with the city's firefighting operations.
8. The use does not create undue health or safety hazards.
9. All applicable fees have been paid.
10. The application is fully completed and executed.
11. The indemnification agreement has been signed, if applicable.
12. A certificate,of insurance showing compliance with this section has been,
provided, if applicable.
13. The application contains no material falsehood or misrepresentation.
14. The applicant is legally competent to contract and to sue and be sued.
15. The applicant has not damaged city property, and if the applicant has, the
damage has been paid in full, and has paid all other outstanding and unpaid
debts to the city.
16. The use or activity intended by the applicant is not prohibited by law.
17. The applicant paid cleanup costs, if any, within thirty (30) days the date
of invoice as the result of a previously issued permit.
18. Additional police protection,.if required under this chapter, has been
secured.
B. Contents and Conditions of Permit: The permit shall contain the following
information:
1. Name, address, and telephone number of permittee.
2. Time, date and place of the permitted activity.
3. If a parade, the route and staging area.
4. Number of monitors or policing personnel required for safe use of the •
public right of way.
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5. Such other information that the city mayor or designee finds necessary for
the enforcement of this chapter.
Section 5: APPEALS REGARDING ISSUANCE OR DENIAL OF
PERMIT:
A. Any party aggrieved by the city mayor's or designee's decision to grant or
deny a permit under this chapter may appeal the determination to the city
council if, within five (5) working days after the decision, the party files a
written notice of appeal with the city clerk. In'such event, a hearing shall be
held'by the'city council no later than its next regularly scheduled meeting,
assuming the appeal is filed in time to allow notice of said appeal in
accordance with'chapter 21 of the Iowa Code.
B. Upon such hearing, the city council may, based upon the standards
enumerated herein, reverse, affirm, or modify in any regard the city mayor's or
designee's decision. The city council's decision is the final decision.
Section 6: REVOCATION OF PERMIT:
The city mayor or designee, or the city council if issued following an appeal, may
revoke&a parade or public assembly permit if:
A. It is determined that the permittee has misstated any material fact in the
application,
' B. There is.a substantial and material variance between the information in the
application and the actual facts or those facts which appear reasonably to
have occurred;
C. When it is determined by the chief of police or the fire chief that, by reason of
disaster, public calamity, riot or other emergency, the public safety requires
such revocation,
D. The permittee's insurance has been canceled, or
E. The permittee is operating in violation of the terms and conditions of the
permit or local, state, or federal law.
A permit holder'may appeal the revocation in the same manner as appealing the
issuance or denial of a permit.
Section 7: SALE OR ASSIGNMENT OF PERMIT:
The sale, transfer, or assignment of a permit is prohibited.
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Section 8: FEES:
Fees for permits shall be set by resolution of the city council.
Section 9: POLICE PROTECTION:
A. The Johnson County Sheriff or designee shall determine whether and to what
extent additional police or security protection is reasonably necessary for the
parade or public assembly for traffic control and public safety. The Sheriff or
designee shall base this decision on the size, location, duration, time, and
date of the event, the number of streets and intersections blocked, and the
need to detour or preempt citizen travel and use of the public right of way.
The speech content of the event shall not be a factor in determining the
amount of police protection necessary. If possible, without disruption of
ordinary police services or compromise of public safety, regularly scheduled
on duty personnel will police the event. If additional police or security
protection for the parade or public assembly is deemed necessary by the
chief of police or designee, the applicant shall be so informed. The applicant
shall have the duty to secure the police or security.protection deemed
necessary by the Sheriff or designee at the sole expense of the applicant.
B. Persons engaging in parades or public assemblies conducted for the primary
purpose of public issue speech protected under the first amendmentare not
required to pay for any police protection provided by the city.
Section 10: PENALTIES:
Any violation of this chapter shall be considered a simple misdemeanor or
municipal infraction as provided for in Tiffin ordinances.
Section 11. Repealer. All ordinances or parts of ordinances in conflict with the provisions
of this Ordinance are hereby repealed.
Section 12. Severability. If any section, provision, or part of this ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of
the ordinance as a whole, or any section, provision, or part thereof not adjudged invalid or
unconstitutional.
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Section 13. Effective Date. This ordinance shall be in effect after its final passage, approval,
and posting as provided by law.
On the 8thday of March 2006, at a regular meeting of the Tiffin City Council,
Tiffin, Iowa, Councilperson Ba r t P l s introduced Ordinance No. 2 0 0 6-277 ,
and moved that it be`given its first reading. The motion was seconded by Councilperson
Petersen
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Ayes: Petersen, Bartels, Demuth, Dils and 'Wright —
Nays: NrnP
F i vP members of the council being present and having voted "Aye,, Mayor Glen R. Potter E
declared the motion carried, and Ordinance No. 2 0 0 6-2 7 7 , was read the first time and
discussed and placed on record. R.,
Thereupon, it was moved by CouncilpersoPi 1 s I and seconded by
Councilperson Wright that the laws and'rules providing
that ordinances be considered and voted on for passage at two council meetings prior to the
meeting at which it is to be finally passed be suspended and dispensed with and that
Ordinance No.2 0 0 6-2 7 7 be placed on its last reading.
Ayes: Dils, Demuth , Wright, Petersen, and Bartels
Nays: Nnnp_ r
Fivemembers of the council being present and having voted "Aye", Mayor Glen R. Potter
.declared the motion carried, and Ordinance No. 2 0 0 6-2 7 7 , was then placed on its last
reading and was read the last time.
r
Thereup'on,rit was moved by Councilperson Wright . ! 4 " .. and seconded by
Councilperson Dils 1 that Ordinance No.
n 7 7 e_7 7 7 be placed upon its final passage and adopted.
Wright, Dils, Demuth, Petersen and Bartels
Ayes: ,
Nays: NOne
f
F i Ve members of the council being present and having voted "Aye", Mayor Glen R. Potter
declared the motion carried, and the ordinance was passed and adopted.
Whereupon the mayor declared that Ordinance No.2 0 0 5-27 7 _ be adopted and
signified his approval of same by fixing his signature thereto.
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Passed by the council on the 8th day of March t 2006 and approved
by the mayor on the 8th day of March 2006.
'+ GLEN R. POTTER,Mayor °'
,r
ATTEST:
/ rn P i
`. , • • G T B. R4iliMAN, City Clerk
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Ordinance # 2006-277
I, Clerk of the City of Tiffin, Iowa, state that an ordinance entitled: AN ORDINANCE
REGULATING PARADES AND PUBLIC ASSEMBLIES IN THE CITY OF TIFFIN
and known as No. 20 0 6-27 7 was duly passed by the council on the 8th day of
March 2006, and signed by the mayor on the Ri-h day of Marr-h
2006, and published on the 22nd day of March 2006, by posting copies
thereof in three public places within the limits of the City of Tiffin, Iowa.
That I posted copies of Ordinance No. 20 0 6-2 7 7 in the following places:
Morgan's Service
On the Go Convenience Store
Solon State Bank of Tiffin OW
• RG` t B. REIHMAN,City Clerk
.I
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