[Code 1962, § 18A-16]
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]
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)]
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 Chief of Police or his or her designee.
[Code 1962, § 18A-16; amended by Ord. No. 4-8-2002(1)]
It shall be unlawful for nay 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 his
or her designee.
[Code 1962, § 18A-17; amended by Ord. of 4-8-2002(1)]
A person seeking the issuance of a permit required by this division
shall file an application with the Chief of Police or his or her designee
on forms provided for such purpose. The application shall be filed
not less than five 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 and telephone number 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 and telephone number 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.
(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 therefore.
(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 his or her
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)]
The Chief of Police or his or her designee shall act upon the
application for a permit required by this division within three days
after the filing thereof.
[Code 1962, § 18A-18; amended by Ord. of 4-8-2002(1)]
The Chief of Police or his or her 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)]
Each permit issued under this division shall state the following
information:
(1)
The date of the public assembly.
(2)
The starting time.
(3)
The termination 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 his or her designee
shall find necessary for the enforcement of this article.
[Code 1962, § 18A-21; amended by Ord. of 4-8-2002(1)]
Immediately upon the issuance of a permit required by this division,
the Chief of Police or his or her designee shall send a copy to the
Mayor, the City Manager and the Fire Chief.
[Code 1962, § 18A-25]
[Code 1962, § 18A-19; amended by Ord. of 4-8-2002(1)]
If the Chief of Police or his or her designee disapproves an
application for a permit under this division, he shall deny the permit
and shall mail to the applicant, within three days after the date
upon which the application was filed, a notice of his action, stating
the reasons for such denial.
[Code 1962, § 18A-24; amended by Ord. of 4-8-2002(1)]
If the Chief of Police or his or her designee denies a permit applied for under this division, the applicant shall have the right, within 10 days after the notice of rejection given 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 notice of appeal is given in writing by the applicant. Any person desiring to appeal from the decision rendered by the City Council on the appeal the same to the Southampton County Circuit Court, provided notice of appeal is given within 10 days after the decision of the City Council, in writing, is given to such person.
[Code 1962, § 18A-20; amended by Ord. of 4-8-2002(1)]
The Chief of Police or his or her 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 one day after notice of
such action, file a written notice of acceptance with the Chief of
Police or his or her designee. 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)]
The Chief of Police or his or her 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.
