[Code 1962, § 18A-16; amended 2-26-2024 by Ord. No. 2024-02]
As used in this article, the term "public assembly" shall mean and include any public address, lecture or discourse or any public meeting, demonstration or other assembly upon any of the streets of the City or within any of the parks or municipally operated parking lots of the City. Such term shall not include a parade conducted in accord with Article II of this chapter.
[Code 1962, § 18A-27; amended 2-26-2024 by Ord. No. 2024-02]
Any person violating any of the provisions of this article shall
be guilty of a Class 2 misdemeanor.
[Code 1962, § 18A-26; amended by Ord. of 4-8-2002(1); 2-26-2024 by Ord. No. 2024-02]
No structure of a temporary or permanent nature shall be erected
or placed at the site of a public assembly except upon the written
permission of the City Manager or their designee.
[Code 1962, § 18A-16; amended by Ord. No. 4-8-2002(1); 2-26-2024 by Ord. No. 2024-02]
It shall be unlawful for any person to organize, conduct or
hold, or engage or participate in a public assembly unless a permit
for such assembly has been obtained from the Chief of Police or their
designee.
[Code 1962, § 18A-17; amended by Ord. of 4-8-2002(1); 2-26-2024 by Ord. No. 2024-02]
A person seeking the issuance of a permit required by this division
shall file an application with the Chief of Police or their designee
on forms provided for such purpose. The application shall be filed
not less than 15 nor more than 60 days before the date on which it
is proposed to conduct or hold the public assembly. Such application
shall set forth the following information:
(1)
The name, address, telephone number, and email address of the applicant.
(2)
If the public assembly is to be conducted or held for, on behalf
of, or by an organization, the name, address and telephone number
of the headquarters of the organization, and of the authorized and
responsible heads of such organization.
(3)
The name, address, telephone number, and email address of the person
who will be in charge of such public assembly and who will be responsible
for its conduct.
(4)
The names and addresses of all persons who are to speak to or address
the assembly.
(5)
The date and hours for which the permit is desired to include set
up time, start time, ending time, and clean up time.
(6)
The street, park or parking lot where the public assembly will be
conducted or held, and the portions of the street, park or parking
lot to be used therefor. The applicant shall obtain any and all permits
required from the City of Franklin Department of Public Works and
City of Franklin Department of Parks and Recreation.
(7)
The nature and purpose of the public assembly.
(8)
An estimate of the anticipated attendance.
(9)
If the public assembly is designed to be conducted or held by, and
on behalf of or for, any person other than the applicant, the applicant
shall file with the Chief of Police or his or her designee a communication
in writing from the person proposing to conduct or hold the assembly,
authorizing the applicant to apply for the permit on his behalf.
(10)
Any additional information which the Chief of Police or their designee
shall find reasonably necessary to a fair determination as to whether
a permit should be issued.
[Code 1962, § 18A-19; amended by Ord. of 4-8-2002(1); 2-26-2024 by Ord. No. 2024-02]
The Chief of Police or their designee shall act upon the application
for a permit required by this division within five days after the
filing thereof.
[Code 1962, § 18A-18; amended by Ord. of 4-8-2002(1); 2-26-2024 by Ord. No. 2024-02]
Nothing in this article shall permit the Chief of Police, or
their designee, to deny a permit based upon political, social or religious
grounds or reasons or based upon the content of the views expressed.
Denial of a permit on such grounds is prohibited. The Chief of Police
or their designee shall issue a permit applied for under this division
when, from a consideration of the application and from such other
information as may otherwise be obtained, he finds that:
(1)
The place where it is proposed to conduct or hold the public assembly
has not been reserved for other use on the date and hours requested
in the application.
(2)
All customary and reasonable rents, fees, charges or deposits, if
any, required by the City, or any department thereof, for the use
of the park or place where it is proposed to conduct or hold the public
assembly will be paid by the applicant or person conducting or holding
the same.
(3)
The conduct of the public assembly will not substantially interrupt
the safe and orderly movement of pedestrian and vehicular traffic
at or contiguous to the place where the same is conducted or held.
(4)
The conduct of the public assembly will not require the diversion
of so great a number of police officers of the City to properly police
the place where the same is conducted or held, and the areas contiguous
thereto, as to prevent normal police protection to the City.
(5)
The concentration of persons, animals or vehicles at the place where
the public assembly is conducted or held will not unduly interfere
with proper fire and police protection of, or ambulance service to,
areas contiguous to such place.
(6)
The stated purpose of the public assembly is not to incite to violence
or crime or the overthrow of the government by force.
(7)
The public assembly is not designed to be conducted or held purely
for the private profit of the person conducting or holding the same
or for the sole purpose of advertising any product or goods of such
person.
[Code 1962, § 18A-22; amended by Ord. of 4-8-2002(1); 2-26-2024 by Ord. No. 2024-02]
Each permit issued under this division shall state the following
information:
(1)
The date of the public assembly.
(2)
The starting time to include set up time.
(3)
The termination time to include clean up time.
(4)
The portions of the street, park or parking lot where such public
assembly may be conducted or held.
(5)
Such other information as the Chief of Police or their designee shall
find necessary for the enforcement of this article.
[Code 1962, § 18A-21; amended by Ord. of 4-8-2002(1); 2-26-2024 by Ord. No. 2024-02]
Immediately upon the issuance of a permit required by this division,
the Chief of Police or their designee shall send a copy to the Mayor,
the City Manager and the Fire Chief.
[Code 1962, § 18A-25; amended 2-26-2024 by Ord. No. 2024-02]
[Code 1962, § 18A-19; amended by Ord. of 4-8-2002(1); 2-26-2024 by Ord. No. 2024-02]
If the Chief of Police or their designee denies an application
for a permit applied for under this division, the Chief of Police
shall mail such notice of denial to the applicant. The notice of denial
must be mailed on the same date in which the Chief of Police denies
such application and shall include the reasons for such denial.
[Code 1962, § 18A-24; amended by Ord. of 4-8-2002(1); 2-26-2024 by Ord. No. 2024-02]
If the application for a permit applied for under this division is denied, the applicant shall have the right, within 10 days after the notice of denial is mailed to the applicant pursuant to § 20-103, to appeal the decision to the City Council, to be considered by it at its next regular meeting to be held after the applicant gives written notice of appeal. Any applicant desiring to appeal from the decision rendered by the City Council shall have the right to appeal the same to the Southampton County Circuit Court, provided written notice of appeal is given to the City Manager within 10 days after the written decision of the City Council is mailed to the applicant.
[Code 1962, § 18A-20; amended by Ord. of 4-8-2002(1); 2-26-2024 by Ord. No. 2024-02]
The Chief of Police or their designee, in denying an application
for a permit required by this division, shall be empowered to authorize
the conduct of the public assembly on a date, at a time or at a place
different from that named by the applicant. An applicant desiring
to accept an alternate permit shall, within five days after notice
of such action, file a written notice of acceptance with the Chief
of Police or their designee. But in any event, the applicant must
file written notice of acceptance no less than five days before the
date of the public assembly as authorized by the alternate permit.
An alternate permit shall conform to the requirements of, and shall
have the effect of, a permit required by this division.
[Code 1962, § 18A-23; amended by Ord. of 4-8-2002(1); 2-26-2024 by Ord. No. 2024-02]
The Chief of Police or their designee shall have the authority to revoke a permit issued under this division for violation of the standards of issuance as set forth in § 20-99.
