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Parade & Assembly Permits AmendmentOctober 31, 2005 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Parade and Assembly Permits Based on a recent opinion by the United States Court of Appeals, Corporation Counsel Barry Lindahl is recommending an amendment to the Parade and Assembly Permits Ordinance that excludes small groups (under 25 people) from obtaining a public assembly permit. concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager BARRY A. LINDAHL, ESQ. CORPORATION COUNSEL, CITY OF DUBUQUE MEMO To: DATE: RE: Mike: Michael C. Van Milligen City Manager October 31, 2005 Parade and Assembly Permits A recent opinion by the United States Court of Appeals for the Fourth Circuit involving the City of Charleston parade and assembly permit ordinance, which is similar to Dubuque's, held that the ordinance was not enforceable against "small groups". In that case, there were 15 individuals who were "standing on a public sidewalk in the City, holding signs, praying, sharing their religious beliefs, and handing out pamphlets that advocated alternatives to abortion." They were informed by the police that they were in violation of the city ordinance. They then filed a lawsuit against the city challenging the ordinance. Our own United States Court of Appeals for the Eighth Circuit, in a 1996 case involving the City of Clive permit ordinance said in the opinion that the Court was "concerned about the application of the permit requirement to groups of ten or more persons. We entertain doubt whether applying the permit requirement to such a small group is sufficiently tied to the City's interest in protecting the safety and convenience of citizens who use the public sidewalks and streets." These cases suggest that our own ordinance is probably not enforceable against "small groups". We may want to consider amending the ordinance to provide an exception for "small groups". Assistant City Manager Cindy Steinhauser, Police Chief Kim Wadding, Permit Clerk Sue Winter and I met recently to review the types of permit requests and determine the number of people who we believe constitute a "small group". Based upon our discussion, we are recommending that permits be required for groups of 25 or more individuals. This is based in part upon police department resources during a normal shift and the ability to handle an incident without calling in additional off-duty officers. SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 / FAX (563)583-1040/ EMAIL balesq©cityofdubuque.org We also recommend that any event, including marches, rallies, and parades, that involves the use of a street and creates the potential for pedestrians and vehicles to interact should be required to fill out a special event permit regardless of the number of participants. cc: Cindy Steinhauser, Assistant City Manager SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL balesq@cityofdubuque.org Preparers Barry A. Linndahi, Esq. Add ,,_ - : Suite 330 Ha r View Place 300 Main Dubuque. IA 52001-6 .. Telephone: 563 3-4113 ORDINANCE NO. 61-05 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTION 33-21 PARADE, ASSEMBLY PERMIT REQUIRED NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. tion 33-21 of the City of Dubuque Code of Ordinances is amended to read as folio : Sec. 33-21. Parade, Assembly Pe it Required: Before any group of persons shall collect or gather together or parade or march upon the s is of the city, or before any group of 25 or more persons shall collect or gather together or parade or march upon the sidewalks of the city, they shall first obtain a permit from the city manager, which permit, when issued, shall be without charge, and shall state the time, manner and conditions of such march, parade or assembly. Section 2. This amendment shall take e t upon publication. Passed, approved and adopted this 7th Attest: Jeanne F. Schneider, City Clerk F:%USERSItstecklelLIndahllOrdlnancospara� emnttsJ3l.doc day of November , 2005. Te rance M. Duggan or Effect of Amendment Sec. 33-21. Parade, Assembly Permit Required: Before any group of persons shall collect or gather together or parade or march upon the streets of the city, or before any group of 25 or more persons shall _ _ - -{ Deleted: B collect or gather together or parade or march upon the Sidewalks of the city, they _ - -( Deleted: streets or public places shall first obtain a permit from the city manager, which permit, when issued, shall be without charge, and shall state the time, manner and conditions of such march, parade or assembly.