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Code of Ordinances Amendment - Title 10 Special Events and Waiver PolicyTHE CITY OF Dui Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Proposed Changes to Special Events Permit Ordinance DATE: May 15, 2014 Dubuque band AI -America City r 2007 • 2012 • 2013 Assistant City Manager Cindy Steinhauser, City Clerk Kevin Firnstahl and Assistant City Attorney Crenna Brumwell are recommending adoption of a revised Special Events Permit Ordinance. Assistant City Attorney Crenna Brumwell will be presenting on the modifications to address previously stated concerns. I concur with the recommendation and respectfully request Mayor and City Council approval. bt/1144 ., Mic ael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Kevin Firnstahl, City Clerk Crenna Brumwell, Assistant City Attorney THE CITY OF Dui Masterpiece on the Mississippi May 5, 2014 To: Michael C. Van Milligen, City Manager From: Cindy Steinhauser, Assistant City Manager Kevin Firnstahl, City Clerk Crenna Brumwell, Assistant City Attorney Re: Proposed Changes to Special Events Permit Ordinance Dubuque band AI -America City r 2007 • 2012 • 2013 Introduction The purpose of this memorandum is to recommend changes to the Special Events Permit Ordinance. Discussion In March 2014, after a review of the existing special events ordinance, city staff recommended revision of the ordinance to the City Council. These recommendations included revisions to align ordinance language with current policy, create a waiver policy, retitle and provide general language clean-up. At the March 3, 2014 City Council meeting staff presented their recommendations. Based upon the discussion, the City Council referred the matter back to staff for additional information, clarification on what was being proposed and the impact to the existing process. On April 7, 2014 city staff provided a revised recommendation to address concerns raised by City Council at the March 3, 2014 meeting. Following further public input the City Council tabled the item for additional review and revisions to accommodate spontaneous events and protest type events. Proposed Ordinance: The proposed ordinance has been revised again for City Council consideration and addresses the following: 1) Parades and special events on public right-of-way 2) Events on private property 3) Assemblies on sidewalks 4) Waiver policy Parades and special events on public right-of-way The definition of special events has been clarified. Parades and special events on public right-of-way will continue to require a special event permit with requirements for fees, insurance and indemnification. Events on private property Events on private property ordinarily do not require a special events permit. A permit for events on private property stating the time, manner and location of such event will only be required when the event sponsor knows or reasonably should know that the event will substantially affect public health or safety or the peace and quiet of a neighborhood by reason of the number of persons attending such event, the use of outdoor music or amplified noise, and the likely effect on traffic and parking, and: a. A fee is charged to attendees; or b. The property possesses a zoning classification other than residential and the event is outside of the original intent or purpose of the property or facility on the property. Assemblies on public sidewalks Following the April 2014 City Council meeting and the concerns raised at that time a definition and section for assemblies on public sidewalks is included in the ordinance which removes assemblies from the umbrella of special events. There is no permit requirement. Assembly organizers are encouraged to notify the City Manager of the date, time, location, route and estimated number of people participating. Five (5) days' notice is requested, but is not mandatory. The notice requirement allows the city to make any necessary preparations to minimize any obstructions to traffic and pedestrians while protecting participants and the public. There are no fees or requirements for insurance/indemnification for assemblies. Waiver policy The proposed ordinance includes a waiver policy for items such as the application fee, deposit, indemnification and insurance requirements. A summary of the waiver policy recommendation is as follows: Permit Application Fee Waiver criteria: • Veteran's events: including memorial services, parades, and Federal or State designated holidays. The event for veterans must be organized by a Veteran's organization. • Events that are identified as furthering the Safe Community Task Force recommendations including such events as neighborhood gatherings, neighborhood or community -wide cleanup. • Vigils and parades for Federal or State designated holidays. Deposit Fee Waiver (non-alcoholic events only): • Veteran's events: including memorial services, parades, and Federal or State designated holidays. The event for veterans must be organized by a Veteran's organization. • Events that are identified as furthering the Safe Community Task Force recommendations including such events as neighborhood gatherings, neighborhood or community -wide cleanup. 2 Insurance and Indemnity Waivers (non-alcoholic events only): • Low -impact events: including events confined to a specific area and do not encroach upon the travel portion of streets or sidewalks. • Veteran's events: including memorial services, parades, and Federal or State designated holidays. The event for veterans must be organized by a Veteran's organization. • Events that are identified as furthering the Safe Community Task Force recommendations including such events as neighborhood gatherings, neighborhood or community -wide cleanup. Lastly, under the revised ordinance valet parking is getting is own chapter in the city code and unlawful assembly is being moved to Title 7. Action The requested action is for City Council to adopt the proposed ordinance. cc: Pam McCarron, Permit Clerk 3 ORDINANCE NO. 35-14 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 10 PUBLIC WAYS AND PROPERTY BY REPEALING CHAPTER 4 PARADES AND ASSEMBLIES AND ENACTING A NEW CHAPTER 4 PARADES, ASSEMBLIES AND SPECIAL EVENTS IN LIEU THEREOF; ADOPTING A NEW CHAPTER 8 VALET DROP OFF PARKING; PERMIT REQUIREMENTS; AND AMENDING TITLE 7 POLICE, FIRE AND PUBLIC SAFETY, CHAPTER 5 OFFENSES, ARTICLE A GENERAL OFFENSES BY ADOPTING A NEW SECTION 7-5A-18 UNLAWFUL ASSEMBLY NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Title 10, Chapter 4 of the City of Dubuque Code of Ordinances is hereby released and the following adopted in lieu thereof: Chapter 4 PARADES, ASSEMBLIES AND SPECIAL EVENTS 10-4-1: DEFINITIONS: The following words and phrases, when used in this title shall, for the purpose of this title, have the meanings respectively ascribed to them in this section: BUSINESS DAY: Those days in which municipal offices are open for conducting city business. "Business day" does not include Saturday, Sunday or the holidays listed in Section 1-3-1 of the city code. CITY MANAGER: The city manager or the city manager's designee. ON -DUTY: Any city employee, including a police officer, who is scheduled to work on a specific day or shift as part of the employee's normal working hours. A city employee is not "on -duty" if the employee was not normally scheduled to work on that specific day or shift as part of the employee's normal working hours, but was called in or scheduled to work on that specific day or shift due to the demand for additional city personnel or resources. ORGANIZATION: Includes any voluntary association entered into for the purpose of organizing a parade, public assembly or special event. PARADE: Any march, procession or other similar activity consisting of persons, animals, vehicles or things, or any combination thereof, upon any public street, sidewalk, alley or other public place, which requires a street closing or otherwise requires authorized city employees to stop or reroute vehicular traffic because the parade will not or cannot comply with normal and usual traffic regulations or controls. PARADE ORGANIZER: The person listed on the permit application who is designated as the responsible planner and on-site manager for the parade. PARADE UNIT or UNIT: One (1) vehicle, one (1) float or one (1) marching group. PERSON: Has the same meaning ascribed to that term in Section 1-3-1 of the city code. PUBLIC ASSEMBLY: A company of persons collected together in one place on the sidewalk, or any organized march or procession of persons upon the sidewalk, which is reasonably anticipated to interfere with or impede the flow of pedestrian traffic, but will not: (i) obstruct the normal flow of vehicular traffic; or (ii) require a street closing or otherwise require police officers to stop or reroute vehicular traffic because the persons will not or cannot comply with normal and usual traffic regulations or controls. PUBLIC ASSEMBLY ORGANIZER: The person who is designated on the notice sent to the city manager as the responsible planner or on-site manager for the public assembly. "Public Assembly Organizer" includes a person who, even absent a formal designation, acts as the responsible planner or on-site manager for the public assembly. SPECIAL EVENT: A planned temporary aggregation of attractions, including public entertainment, food and beverage service facilities, sales of souvenirs or other merchandise, or similar attractions that is (i) conducted on the public way; or (ii) conducted primarily outdoors on property open to the public other than the public way and: A. Includes activities that require the issuance of a city temporary food establishment license or a special event liquor license; or B. Requires special city services, including but not limited to any of the following: street closures; provisions of barricades, garbage cans, stages or special no parking signs; special electrical services; or special police protection. SPONSOR OF THE EVENT: The entity who is conducting the special event or in whose name or for whose support the proposed special event will be presented. 10-4-2: ASSEMBLIES: A. Any person or organization planning to lead or initiate any type of public assembly, including a march or procession, upon a public sidewalk, is encouraged to notify the city manager, on a form prescribed by the city manager, at least five (5) business days in advance, or as soon as practicable if the event is of a spontaneous or urgent nature, and is encouraged to inform the city manager of the date, time, location, route and estimated number of persons participating so that the city can make any preparations necessary to provide personnel or other city services to minimize the obstruction to pedestrian and other traffic and to otherwise protect the participants and the public. B. Such public assemblies are allowed unless the city manager notifies, in writing by personal delivery, regular mail, fax or e-mail the person or organization giving the notice, within two (2) business days after receipt of notice of the public assembly, or as soon as practicable before the scheduled event, that there would be a direct interference with a previously planned permitted activity or public assembly, or that there is a significant public safety issue. If the city manager issues such a notice, the city manager must state the reasons in writing and give an alternate date, time, location or route. This alternate, to the extent practicable, authorizes a public assembly that will have comparable public visibility and a similar route, location and date to that of the proposed public assembly. An applicant desiring to accept the alternate public assembly must, within five (5) business days after notice of the action by the city manager, file a written notice of acceptance with the city manager. C. The decision by the city manager is deemed a final decision subject to judicial review in accordance with applicable law. D. In order to protect the health and safety of the public, if at any time during the occurrence of the public assembly, the public assembly is substantially interfering with pedestrian traffic, safe ingress to or egress from buildings, or access by emergency responders in the area contiguous to the activity, members of the police department are authorized to establish a pedestrian pathway on the sidewalk for the purpose of pedestrian traffic, ingress to or egress from surrounding buildings, and access for emergency responders provided that the pedestrian pathway is reasonable in size and allows use of the remaining sidewalk by the participants in the public assembly. After that portion of the sidewalk has been established as a pedestrian pathway and communicated to the participants, the participants shall not obstruct pedestrian traffic, ingress to or egress from the surrounding buildings, or access by emergency responders in the pedestrian pathway. E. In order to minimize the interference with vehicular traffic and to otherwise protect the participants and the public, in those cases where the attendance at the public assembly exceeds the anticipated levels and causes the public assembly to interfere with vehicular traffic or requires a street closing or otherwise requires authorized city employees to stop or reroute vehicular traffic because the public assembly will not be able to comply with usual traffic regulations or controls, members of the police department are authorized to make reasonable accommodations to increase the portion of the public way available to the public assembly. After that portion of the public way available to the participants is identified and communicated to the participants, the participants shall not use any other portion of the public way outside the boundaries identified by the police. F. Nothing in this subsection shall be deemed as waiving the requirement for a parade or special event permit pursuant to Section 10-4-3, if required. G. It is unlawful for any person to knowingly interfere with any person or organization lawfully conducting a public assembly. 10-4-3: PARADES AND SPECIAL EVENTS: A. Permit Required: Before any group collects or gathers together upon city property or the public right-of-way for parades or special events, the group must first obtain a permit from the city manager, and must state the time, manner and location of such parade or special event. The city manager will consider an application for a parade or special event which is filed less than sixty (60) business days before the proposed event, where the purpose of such event is a spontaneous response to a current event, or where other good and compelling causes are shown. B. Permit Fee: A permit fee and refundable deposit will be collected. C. Permit Application: 1. Filing Of Application: An application for a permit containing the information required herein must be filed with the city manager by any group desiring to use any city property or public rights-of-way as provided in this section. Applications must be made on forms prepared by the city manager, and must contain the information required herein. The city manager will have a reasonable time to grant or deny the permit. The length of time that is reasonable is determined by the location and size of the parade or special event, the information supplied, the time of filing of the application, and the extent of advance preparation or planning demonstrated and reasonably required. 2. Grant Or Denial Of Permit: The city manager must grant or deny the permit, in writing, according to the standards set forth in subsection E of this section and must provide the written decision to the applicant by regular mail or by personal delivery. D. Application Form; Information Required: 1. Contents Of Application: The application form for the use of any city property or public right-of-way must contain the following information: a. Name and address of the applicant and the sponsoring organization, if any. b. A description of the event that is planned. c. Proposed location or locations. d. Expected size of group. e. Date, time and expected length of the use. f. Names and addresses of the person or persons to be in charge of the proposed use at the specified location. g. Names and addresses of any persons to be featured as entertainers or speakers. h. List of mechanical or electronic equipment to be used. i. Number and type of any motor vehicles or other forms of transportation to be used, including bicycles. J. Number and type of any animals to be used. k. A description of any sound amplification to be used. Proposed monitoring of the group, including the number of people who will set up and clean up. m. Plan for compliance with the Americans with Disabilities Act and Americans with Disabilities Act Accessibility Guidelines (ADAAG). n. Other information as the city manager believes necessary to ensure public access and safety. 2. Hold Harmless Agreement: The application must include an agreement pursuant to which the applicant agrees to indemnify, defend and hold harmless the city and its agents, officers and employees, from any and all claims, lawsuits, damages, losses and expenses, of whatever nature, which may result from or arise from the parade or special event covered by the permit, irrespective of whether said claims are frivolous or meritorious. E. Standards For Issuance: The city manager must examine the application, and must grant or deny said permit based upon the following standards: 1. Interference With Privacy, Safety And Security: In Tight of the date and time of said proposed use, whether the use will unreasonably interfere with the privacy, safety, security, convenience and tranquility of the residents or inhabitants of the area. 2. Size And Condition Of Accommodations: Whether the proposed city property or 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. Compatibility Of Use: Whether the proposed gathering is compatible with the normal activity of the city property or public right-of-way at the requested time or date. 4. Demonstration Of Means, Planning And Coordination: Whether the application demonstrates the applicant has the means, planning and coordination to hold the special 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. Timing Of Event: Whether the event will interfere with another event for which a permit has already been granted. All applications for any parade or special event permit will be processed on a first -in -time basis based on a full and complete submission of necessary information and documentation. 6. Interruption Of Vehicular Or Pedestrian Traffic: Whether the proposed use would substantially interrupt the flow of street and/or pedestrian traffic. 7. Excessive Diversion Of Police: Whether the use would require the excessive diversion of police from other duties, or substantially interfere with the city's firefighting operations. F. Revocation Of Permit: After a permit is granted, in the event it is determined that the applicant has misstated any material fact in the application, or that there is a substantial and material variance between the information in the application and the actual facts or those facts that appear reasonably to have occurred, the city manager may review such application and revoke such permit if not in compliance with this subsection. Such permit may also be revoked when it is determined by the chief of police that by reason of disaster, public calamity, riot or other emergency, the public safety requires such revocation. G. Waiver: The city manager is authorized to waive certain requirements based on criteria approved in the Parades and Special Events Permit Waiver Policy. H. Interference: It is unlawful for any person to knowingly interfere with any person or organization lawfully conducting a parade. 10-4-4: PRIVATE PROPERTY: A. Events on Private Property; Permit Requirements: 1. Permit Required: Ordinarily a permit is not required for events on private property. However, a permit stating the time, manner and location of such event will be required when the event sponsor knows or reasonably should know that the event will substantially affect public health or safety or the peace and quiet of a neighborhood by reason of the number of persons attending such event, the use of outdoor music or amplified noise, and the likely effect on traffic and parking, and: a. A fee is charged to attendees; or b. The property possesses a zoning classification other than residential and the event is outside of the original intent or purpose of the property or facility on the property. 2. Permit Fee: A permit fee will be collected based on whether the event is open to the public. 3. Permit Application: a. Filing Of Application; Contents: An application for a permit containing the information required herein must be filed with the city manager by a person holding such an event. Applications must be made on forms prepared by the city manager, and must contain the information required herein. The city manager must have a reasonable time to grant or deny the permit. The length of time that is reasonable must be determined by the size of the event, the information supplied, the time of filing of the application, and the extent of advance preparation or planning demonstrated and reasonably required. b. Grant Or Denial Of Permit: The city manager must grant or deny the permit, in writing, according to the standards set forth in subsection 5 of this section and must provide the written decision to the applicant by regular mail or personal delivery. 4. Application Form; Information Required: The application form for the event must contain the following information: a. Name and address of the applicant and the sponsoring organization, if any. b. A description of the event that is planned. c. Proposed location or locations. d. Expected size of group. e. Date, time and expected length of use. f. Names and addresses of the person or persons to be in charge of the proposed use at the specified location. g. List of mechanical or electronic equipment to be used. h. Number and type of any motor vehicles or other forms of transportation to be used, including bicycles. A description of any sound amplification to be used. 5. Standards For Issuance: The city manager must examine the application and must grant or deny said permit based upon the following standards: a. Interference With Privacy, Safety, And Security: In light of the date and time of said proposed use, whether the use will unreasonably interfere with the privacy, safety, security, convenience and tranquility of the residents or inhabitants of the area. b. Compatibility Of Use: Whether the proposed use or activity is compatible with the normal activity of the neighborhood at the requested time and date. c. Demonstration Of Means, Planning and Coordination: Whether the application demonstrates the applicant has the means, planning and coordination to hold the proposed event, considering the time of day, location, traffic control, parking requirements and any monitoring required to protect the public health and safety. d. Timing Of Event: Whether the event will interfere with another event for which a permit has already been granted. e. Interruption Of Vehicular And Pedestrian Traffic: Whether the proposeduse would substantially interrupt the flow of street and/or pedestrian traffic. f. Excessive Diversion Of Police: Whether the use would require the excessive diversion of police from other duties or substantially interfere with the city's firefighting operations. 6. Revocation Of Permit: After a permit is granted, in the event it is determined that the applicant has misstated any material fact in the application, or that there is a substantial and material variance between the information in the application and the actual facts or those facts that appear reasonably to have occurred, the city manager may review such application and revoke such permit if not in compliance with this chapter. Such permit may also be revoked when it is determined by the chief of police that by reason of disaster, public calamity, riot or other emergency, the public safety requires such revocation. Section 2. Title 10 of the City of Dubuque Code of Ordinances is hereby amended by adding the following: Chapter 8 VALET DROP OFF PARKING; PERMIT REQUIREMENTS 10-8-1: PERMIT REQUIRED: Before any for profit organization or business offers valet drop off parking, the organization or business must first obtain a permit from the city manager. 10-8-2: PERMIT FEE: A permit fee will be charged at the rate of four hundred dollars ($400.00) per year. 10-8-3: PERMIT APPLICATION: A. Filing Of Application: An application for a permit containing the information required herein must be filed with the city manager by any group desiring to use any city property or public right-of-way as provided in this section. Applications must be made on forms prepared by the city manager, and must contain the information required herein. The city manager will have a reasonable time to grant or deny the permit. The length of time that is reasonable will be determined by the location, the information supplied, the time of filing of the application, public safety, and the extent of advance preparation or planning demonstrated and reasonably required. B. Grant Or Denial Of Permit: The city manager must grant or deny the permit, in writing, according to the standards set forth in section 10-8-6 and must provide the written decision to the applicant by regular mail or by personal delivery. 10-8-4: APPLICATION FORM; INFORMATION REQUIRED: A. ( Contents Of Application: The application form for the use of any city property or public right-of-way must contain the following information: 1. Name and address of the applicant and the sponsoring organization, if any. 2. Proposed location or locations. 3. Date, time and expected length of the use. 4. Names and addresses of the person or persons to be in charge of the proposed use at the specified location. 5. Number and type of any motor vehicles or other forms of transportation to be used, including bicycles. 6. Plan for compliance with the Americans with Disabilities Act and Americans with Disabilities Act Accessibility Guidelines (ADAAG). 7. Other information as the city manager believes necessary to ensure public access and safety. 10-8-5: HOLD HARMLESS AGREEMENT: For valet parking on city property or the public right-of-way the application must include an agreement pursuant to which the applicant agrees to indemnify, defend and hold harmless the city and its agents, officers and employees, from any and all claims, lawsuits, damages, losses and expenses, of whatever nature, which may result or arise from the provision of valet parking covered by the permit, irrespective of whether said claims are frivolous or meritorious. 10-8-6: STANDARDS FOR ISSUANCE: A. Issuance: The city manager must examine the application, and must grant or deny said permit based upon the following standards: 1. Interference With Privacy, Safety And Security: In light of the date and time of said proposed use, whether the use will unreasonably interfere with the privacy, safety, security, convenience and tranquility of the residents or inhabitants of the area. 2. Size And Condition Of Accommodations: Whether the proposed city property or public right-of-way can accommodate the proposed use, based both on size, location, and public safety. 3. Compatibility Of Use: Whether the proposed valet parking is compatible with the normal activity of the city property or public right-of-way at the requested time or date. 4. Demonstration Of Means, Planning And Coordination: Whether the application demonstrates the applicant has the means, planning and coordination to perform the valet parking considering the time of day, location, public or private facilities available, traffic control, parking requirements and any monitoring required to protect the public health and safety. 5. Timing Of Event: Whether valet parking will interfere with another event or valet parking operation for which a permit has already been granted. 6. Interruption Of Vehicular Or Pedestrian Traffic: Whether the proposed use would substantially interrupt the flow of street and/or pedestrian traffic. 7. Excessive Diversion Of Police: Whether the use would require the excessive diversion of police from other duties, or substantially interfere with the city's firefighting operations. 10-8-7: REVOCATION OF PERMIT: After a permit is granted, in the event it is determined that the applicant has misstated any material fact in the application, or that there is a substantial and material variance between the information in the application and the actual facts or those facts that appear reasonably to have occurred, the city manager may review such application and revoke such permit if not in compliance with this chapter. Such permit may also be revoked when it is determined by the chief of police that by reason of disaster, public calamity, riot or other emergency, the public safety requires such revocation. Section 3. Title 7, Chapter 5, Article A of the City of Dubuque Code of Ordinances is amended by adding the following: 7-5A-18: UNLAWFUL ASSEMBLY: A. Definition: An "unlawful assembly" is three (3) or more persons assembled together, with them or any of them acting in a violent manner, and with intent that they or any of them will commit a public offense or causing other persons to be intimidated, harassed or placed in fear of bodily harm. B. Prohibited Act: It is unlawful for a person to willingly join in or remain a part of an unlawful assembly, knowing or having reasonable grounds to believe that it is such. C. Refusal To Disperse: It is unlawful for any person within the hearing distance of a police officer who orders the participants in an unlawful assembly of persons in the immediate vicinity of an unlawful assembly to refuse to disperse. D. Lawful Assemblies Excepted: Nothing in this section will be construed to prevent persons from gathering together in orderly or lawful assemblies which will not result in the disturbance of the peace or disorderly conduct. Section 4. This Ordinance takes effect upon publication. Passed, approved, and adopted the 19th day of nay, 2014. Roy D. Buol, Attest: Kevin . Firnstah , City Clerk STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: May 23, 2014, and for which the charge is $259.94. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this a-2 day of,�� , 20/9-, . Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 My Comm. Exp, FEB. 1, 2017 son who is designated on the notice sent to the city manager as the responsible plan- ner or on-site manager for the public assem- bly. "Public Assembly Organizer" includes a I sentoa forn maeven ab - l designa- tion, acts as the re- sponsible planner or on-site manager for' the public assembly. SPECIAL EVENT: A planned temporary ag- • gregation of , attrac- tion;, including public entestginnjent1food and beverage rservice facilities, sales of sou- venirs or, other mer- chandise, or similar at- tractions thats (i) conducted' on the pub- lic way; or (0) conduct- ed - primarily outdoors on property open to the public other than the public way and: A. Includes activities that require the Issu- ance of a city tempora- ry food establishment license or a special event liquor license; or B. Requires special city services, including ll but not limited to any of the following: street closures; provisions of barricades, garbage cans, stages or special no parking signs; spe- cial electrical services; or special police •pro- tection. . SPONSOR OF THE EVENT: The entity: Who Is conducting the spe- cial event or in whose name or for whose Support the proposed special event will be presented. 10-4-2: ASSEMBLIES: 4.. Any person or or- ganization planning to .lead or Initiate any type of public assem- bly, including a march or procession, upon a public sidewalk, is en- - couraged to notify the OFFICIAL city manager, on a PUBLICATION form prescribed by the• ORDINANCE NO. 35-14 city manager, at' least AMENDING CITY OF five (5) business days' DUBUQUE CODE OF in advance, or as ORDINANCES TITLE as practicable if the. 10 PUBLIC WAYS AND event is of a spontane- PROPERTY BY ous or urgent nature, • REPEALING CHAPTER and Is encouraged to 4 PARADES AND AS- inform the city manag- SEMBLIES AND EN- er of the date, time, 10 - ACTING A NEW cation, route and esti- OHAp1ER 4 PARADES, mated number of per - ASSEMBLIES AND .sons participating so SPECIAL EVENTS IN that the clty can make LIEU -;, THE 2EOFE; , any preparations nec- dD INGy N essary to provide per - -CH -CHAPTER 'B VAL `sonnei or other city DROP OFF PARKING; services to minimize PERMIT REQUIRE- the obstruction to pe- MENTS; AND AMEND- destria to otherwise traf- ING TITLE 7 POLICE, fic FIRE AND PUBLIC protect the partici- SAFETY, CHAPTER 5 pants and the public. OFFENSES, ARTICLE A B. Such public assem- GENERAL OFFENSES blies are allowed un - BY ADOPTING A NEW less the city manager SECTION 7-5A-18 UN- notifies, in writing by. LAWFUL ASSEMBLY personal delivery, reg - NOW, THEREFORE, ular mail, fax or e-mail BE IT ORDAINED BY the person or organize - THE CITY COUNCIL tion giving the, notice, OF THE CITY OF DU- within two (2) business BUQUE, IOWA: ' days after receipt of Section 1. Title 10, notice. of the public as - Chapter 4 of the City of sembly, or as soon as Dubuque Code of Ordi- practicable rac is odeeventetthe nanhat leas es ishereby ow- • there would be a direct leased and the follow- interference with a thereof: ingodopted in lieu previous. heChapter P rmitted actity planned or PARADES, ASSEMBLIES ' Public assembly, or AND SPECIAL EVENTS that there is a signlfi- 10-4-1: DEFINITIQNS: , cant public safety is - The following words sue. If the city manag- and phrases, when er Issues such a notice, participants, the par- ticipants shall not use any other portion of the public way outside the boundaries identi- fied by the police. F. Nothing In this sub- section shall be deemed as waiving the requirement for a pa- rade or special event permit pursuant to Section 10-4-3, if re- quired, G..it' is unlawful fir any person to knowing- ly interfere with any lerson or organization awfully conducting public assembly. 10-4-3: PARADES AND SPECIAL EVENTS: A. Permit Required: Before, any group col- lects or gathers togeth- er Upon city property or the public right-of- way for parades or special events, the group must first obtain a permit from the city manager, and must state the time, manner and location of such parade or special event. The city manag- er will consider an ap- plication for a parade or special event which is filed less than sixty (60) business days be- fore the proposed event, where the pur- pose of such event is a spontaneous response to a current event, or ,where other good and compelling causes are show n. B. Permit Fee: A per- mit fee and refundable deposit will be collect- ed. C. Permit Applications 1. Filing Of Applica- tion: An application for a permit containing the information required herein must 'be filed With the' city manager by any group desiring. to use any city proper- ty or public rights-of- way as provided in this section. ,'Applications must be • made on forms prepared by the clty manager, and must contain the infor- mation • required here- in. The city manager will have a reasonable time to grant or deny the -permit. The length of time that is reasona- ble is determined . by =the location and•size of the parade or special event, the information supplied, the. time'of' filing of the `applica- tion, and the 'extent of advance preparation or. planning demonstrated and reasonably ,re- quired. 2. Grant Or Dental Of Permit: The city man- ager must grantor de- ny the permit, in writ - Ing, according to the standards set forth in subsection E of this section and must pro- vide the written deci- sion to the applicant by. regular mail or by per- sonal delivery. ,p. Application Form; information Required: 1. Contents Of Appli- cation: The -application form for the use of any city property or public right-of-way must con- tain the following infor matjon: • • a. Name and 'atldress of the applicant' and the sponsoring organi- zation, if any. 4. Demonstration Of Means, Planning And Coordination: Whether the application demon- strates the applicant has the means, plan- ning and coordination to hold the special event, considering the time of day, location, public facilities availa- ble, traffic control, parking requirements and any monitoring re- quired to protect the public health and safe- ty. 5. Timing Of Event: Whether the event will interfere with another event for which a per- mit has already been granted. All applica- tions for any parade or special event permit will be processed on a first -In -time basis based on a full and complete submission of necessary informa- tion . and documenta- tion. 6. Interruption Of Ve- hicular Or Pedestrian Traffic: Whether the proposed use would substantially interrupt the flow of street and/or pedestrian traf- fic: 7. Excessive Diversion Of Police: Whether the use would require the excessive diversion of police from other du- ties, or substantially in- terfere with the city's firefighting operations. F. Revocation Of Per- mit: After a permit is, granted, in the event it is determined that the applicant has missta- ted any material fact In the application, or that there is a substantial and material variance between the informa- tion in the application and the actual facts or those facts that appear reasonably to have oc- curred, the city manag- er may review such ap- plication and revoke such; a Emit if not In compliance with this subsection. Such per- mit may also be re- voked when evoked.when it is deter- mined by the chief of police that by reason of disaster, public ca- lamity, riot or other emergency, the public safety requires such revocation.. G. ,Waiver: The city manager is authorized Ito waive certain: re- quirements based •on criteria approved to the Parades and Special Events Permit Waiver Policy, H. Interference: It is unlawful for, any per- son to knowingly inter- fere with any person or organization lawfully conducting a parade. 10-4-4: • . PRIVATE PROPERTY; • A. Events on Private Property; Permit Re- quirements: 1. 'Permit Required: Ordinarily a permit is not required for events on private property. However, a permit stating the time,;man- ner and location of such event will be re- quired when the event sponsor knows or rea- sonably -should know that the event will sub- stantially affect public health or safety or the peace and quiet of a date and time of said • proposed use, whether the use will unreasona- bly interfere with the privacy, safety, securi- ty, convenience and tranquility of the resi- dents or inhabitants of the area. b. Compatibility bf Use: Whether the pro- posed use or activity Is compatible with the normal activity of the neighborhood. at the requested time and date. c. Demonstration Of Means, Planning and Coordination: Whether the application demon- strates the applicant has the means, Plan- ning and coordination to hold the. proposed eVent, considering the. time of : day, ! location, traffic control, parking requirement and any. monitoring required to protect the public health and safety. d. Timing Of Event: Whether the event will Interfere with another event for which a per- mit has, already been granted. '' ' e. Interruption Of Ve- , hicular And Pedestrian Traffic: Whether the proposed use would• substantially Interrupt the flow of street and/or pedestrian traf- fic. f. Excessive Diversion Of Police: Whether the use would reg111re the excessive.diversion of police, from other du- ties or substantially in- terfere with the city's firefighting operations. 6. Revocation Of Per- mit: After a permit is granted, in the event it is determined that the applicant has mis- stated any material fact in the, application, or.that .there is a sub- stantial and material variance between the Information In the.ap- pllcation and the actual facts or those facts that appear reasonably to have occurred, the It manageY may re- view such application and revoke such per- mit if not In compliance with this chapter. Such permit may also be re- voked when it is deter- mined by- the _dhief of police that, by reason of disaster, public ca- lamity, riot or other emergency, the public safety requires such revocation. Section 2. Title 10 of the City. of Dubuque • Code of Ordinances is hereby amended by adding the following: Chapter 8 VALET DROP OFF PARKING; PERMIT RE- QUIREMENTS 10-8-1: PERMIT RE- QUIRED: Before any for profit organization or busi- ness offers valet drop off parking, the organi- zation or business must first obtain a per- mit from the city man- ager. 10-8-2: PERMIT FEE: A permit fee will be charged at the rate of four hundred dollars ($400.00) per year. 10-8-3:'PERMIT APPLI- CATION: A. Filing Of Applica- tion: An application for manager must exam- ine the application, and must grant or deny said permit based upon the following stand- ards: 1, Interference With • Privacy, Safety And Se- cUrity: In light of the date and time of sald proposed use, whether .the use will unreasona- biy interfere with the privacy,- Safety, securi- , ty, convenience, and tranquility Of the resi- dents or inhabitants of the area. • 2. Size And Condition Of Accommodations: Whether the proposed city property or public right-of-way can ac- commodate the pro posed use, based both on size, location, and public safety. '3. Compatibility Of Use: Whether the pro- posed valet parking is compatible With • the normal activity of the city property or public right-of-way at the re- quested time or date. 4. Demonstration Of Means, Planning And Coordination: Whether the application demon- . strates the applicant has the means, plan- ning and coordination to perform the valet parking considering - the time of day, loca- tion,ublic or private facilities . .available, traffic control, parking requirements and any monitoring required to protect the public health and safety. • 5. Timing Of Event: Whether valet parking will, interfere with an- other event or ,valet parking. operation for which a permit has al. ready been granted. 6. Interruption Of Ve- hicular Or Pedestrian Traffic: Whether the proposed :use would substantially interrupt the flow of street and/or pedestrian traf- fic. 7. Excessive Diversion Of Police: Whether the Use would require the. excessive diversion of police from other du- ties, or substantially in- terfere with the city's firefighting operations. 10-8-7: REVOCATION OF PERIytITL. After a permit Is granted, In the event It Is determined that the applicant: ' has mis- stated any material fact In the application, br that there is a sub- stantial end material varlance between the information in the ap- plication and the actual factsor those facts that appear reasonably to have occurred, the city manager may re- view such application and revoke such per- mit if not in compliance with ,this chapter. Such permit may also be re- voked when it is deter- mined by the chief of police that by reason of disaster, public ca- lamity, riot or other emergency, the public. safety requires such revocation. Section 3. Title 7, Chapter 5, Article A of the City of Dubuque Code of Ordinances is amended by adding the following: used in this title shall, for the purpose of this title, have the mean- ings respectively ascri- bed to them in this sec- tion: BUSINESS DAY: Those days in which munici- pal offices are open for conducting city busi- ness. "Business day" does not Include Satur- day,'Sunday or the hol- ' idays listed in Section 1-3-1 of the city code. CITY MANAGER: The city manager. or the city manager's desig- nee. ON -DUTY: Any city employee, including a police officer, who is scheduled to work on a specific day or shift as part of the employee's normal working hours. A city employee is not "on -duty" if the em- ployee was not normal- ly scheduled to work on that specific day or shift as part of the em- s ployee's normal work- ing hours, but was called in or scheduled ' to work on that specif- ic day or shift due to the demand for addi- tional city personnel or resources. ORGANIZATION: In- cludes any voluntary association entered in- to for the purpose of organizing a parade, publics assembly or special.event. PARADE: Any march, proce$sioh " or ' other similaractivity consist- ing of ` persons, ani- mals, vehicles or things, or any combi- nation thereof, upon any public street, side- walk, :alley' or other public place, which re- quires a street closing or otherwise requires authorized city em- ployees to stop or re- route vehicular traffic because the parade will not or cannot com- ply with normal and usual traffic regula- tions or controls. PARADE ORGANIZER: The person listed on the permit application who is designated as the responsible plan- ner and on-site manag- er for the parade. PARADE UNIT or UNIT: One (1) vehicle, one (1) float or one (1) march- ing group. PERSON: Has the same meaning ascri- bed to that term in Section 1-3-1 of the pity code. PUBLIC ASSEMBLY: A company of persons collected together in one•place on the side- walk, or any organized march or procession of persons upon the side- walk, which is•reasona-, bly anticipated to in- terfere with or impede the flow of pedestrian traffic, but will not: (I) obstruct the normal flow of vehicular traf- fic; or (ii) require a street closing or other- wise require police of- ficers to stop or re- route vehicular traffic because the persons will not or cannot com- ply with normal and usual traffic regula- tions or controls. PUBLIC ASSEMBLY ORGANIZER: The • per- son who is designated on the notice sent to the city manager must state the reasons in writing and give an al- ternate date, time, lo- cation or route. This al- ternate, to the extent practicable, authorizes a public assembly that will have comparable public visibility and a similar route, location and date to that of the proposed public as- sembly. An applicant desiring to accept .the alternate public as- sembly must, within five (5) business days after notice of the ac- tion by the city manag- er, file .a•written notice of acceptance with the city manager. C. The decision by the city manager is deemed a final deci- sion subject to judicial review in accordance with applicable law. D. In order to protect the health and safety of the public, if at any time during the occur- rence of the public as- sembly, the public as- sembly is substantially interfering with pedes- trian traffic, safe in- gress to or egress from buildings, or access by emergency responders in the area contiguous to the activity, mem- bers of the police de- partment are author- ized to establish a pe- destrian pathway on the sidewalk' for the purpose of pedestrian traffic, ingress to or egress from surround- ing buildings, and ac- cess for emergency responders provided that the pedestrian pathway is reasonable in size and allows use of the' remaining side- walk by the partici- pants in the public as- sembly. After that por- tion of the sidewalk has been established as a pedestrian_ path- way and commnicat- ed to the participants, the participants shall not obstruct pedes- trian traffic, Ingress to • or egress from the ,§ur- rounding buildings, or access by •emergency responders in the pe'• destrlan pathway. E. In order to mini- mize the interference with vehicular traffic and to otherwise pro- tect the participants and the public, in those cases where the at- tendance at the public • assembly exceeds the anticipated levels and causes the public as- sembly to interfere with vehicular traffic or requires a street Clos- ing or otherwise re- quires authoriztd city employees to stop or reroute, vehicular traf- fic because the public assembly will not be able to comply with usual traffic regular tions or controls, mem- bers of the police de- partment are author- ized to make reasona- ble accommodations to increase the portion of the public way availa- ble to the public as- sembly. After that por- tion of the public way available to the partici- pants is identified and communicated to the participants, the par- ticipants shall not use b. A description of the event that is planned. c. Proposed location or locations, d. Expected size of group. e. Date, time and ex- pected length of the use. f. Names and address- es of the person or per- sons to be In charge of the proposed use at the specified location. g. Names and ad- dresses of any •persons to be.featuredras en- tertainers or speakers. h. List of mechanical or electronic equip- ment to be used. Number and type of any motor vehicles or other forms of trans- portation to be used, including bicycles. J. Number and type of any animals to be used. k: A description of any sound amplification to be used. I Proposed monitor- ing of the group, In- cluding the number of people who will set up and clean up. • m. Plan for compli- ance with the Ameri- cans with Disabilities Act and . A(nericans with Disabilities Act. Accessibility Guide- lines (ADAAG). . • n, Other informatien- as the city manager believes necessary to ensure 'public access and safety. 2. Hold Harmless Agreement The appli- cation must Include an.. agreement pursuant to which the applicant agrees to Indemnify, defend and hold harm- less the city and Its agents, officers and employees, from any and all claims, law- suits, damages, losses and expenses, of what- ever nature, which may result from or arise from the parade or special event covered by the permit, irrespec- tive of whether saki'`• claims are frivolous or; meritorious. E. Standards For Issu- ance: The city manager must examine the ap- plication, and must grantor deny said per- mit based upon the fol- lowing standards: 1. Interference With • Privacy, Safety And Se- curity: In light of the date and time of said proposed use, whether the use will unreasona- bly interfere with the privacy, safety, securi- ty, convenience and tranquility of the resi- dents or inhabitants of the area. 2. Size And Condition Of Accommodations: Whether the proposed city property 9r public right-of-way can ac- commodate the group or use, based both on group size and on health and sanitation facilities, whether available or to be pro- vided by applicant. 3. Compatibility Of Use: Whether the pro- posed gathering is compatible with the normal activity of the city property or public right-of-way at the re- quested time or date. 4. Demonstration Of Means, Planning And neighborhoodby rea- son of the number of persons attending such r, event, the use of out- door music or amppll fled noise, and the like- ly effect on traffic and parking, and: • a. A fee Is charged to attendees; or .• b. The property pos- sesses a zoning classl-.- ficatlon other than res- idential and the event Is outside of the,origi- nal intent or purpose of the property or facility on the property. 2. Permit Fee: A per- mit fee will be collect- ed based on whether the event is open to the public. 3. Permit Application: a. Filing Of Applica- tion; Contents:. An ap- plication for a permit containing the infor- mation required herein must be filed with the city manager by a per- son holding such an event. Applications must be made on fOrms prepared by. the city manager, and must contain the infor- mation required here - In. The city manager must have a reasona-. bre time to grant or de- ny the -permit. The length of time that is reasonable must be de termined by the size of - the event, the Informa• tion supplied, the time of filing of the applica- tion, and theextent of advance preparation or planning demonstrated and reasonably re- quired. b. Grant Or Dental Of Permit: The city man- ager must grant or de- ny the permit, In writ - Ing, according to the standards set forth In. subsection 5 of this section and must pro- vide the written deci- sion to the applicant by regular mail or person- al delivery. 4. Application Form; Information Required: The application form for the event must con- tain the following Infor- mation: , a. Name and address of the applicant and the tponsoring organi- zation, If any. b. A description of the event that is planned. c. Proposed location or locations. d. Expected size of group. e. Date, time and ex- pected length of use. f. Names and address- ' es of the person or per- sons to be In charge of the proposed Use at the specified location. g. List of mechanical or electronic egulp- ment to be used. h. Number and type of any motor vehicles or other forms of trans- portation to be used, including bicyCles. • I. A description of any sound amplification to be used. 5. Standards For Issu- ance: The city manager must examine theap- plication and must grant or deny said per- mit based upon the fol- lowing standards: a. Interference With Privacy, Safety, And Security: In light of the date and time of said • proposed use, whether a permitsontaining the InformatTron required herein, must be filed with the city manager by any group desiring to use any city proper- ty or public right-of- way as provided In this sectldn. Applications must be made on forms prepared by the city ; manager, - and must contain the infor- mation required here- in. The city manager will have a reasonable time to grant or deny the permit. The length of time that Is reasona- ble will be determined by the location the in- formation supplied, the time of filing of the ap- plicatidn, public safety, and the extent of ad - vette preparation or planning demonstrated and reasonably re- quired, B. Grant Or Dental Of Permit The City man- ager must grant or de- ny the permit, In writ- ing, according to the standards:; set forth in section 10.8,6 and must provide the writ- ten decision to the ap- plicant by regular mall or by personal delivery. 10-8-4: APPLICATION FORM; . INFORMATION REQUIRED: A. Contents Of AppII- eatton; The application • form for the use of any city property or public right -df -way must con- tain the -following infor- mation: L Name and address applicant the sponsoring organl- zaoftiothenr if 2 Proposed location or locations. , 3. Date, time and .ex- . pected length of the use. 4. Names and ad- dresses of the person or persons to be in charge of the proposed use at the specified lo- eation, U. Number and type of any motor vehicles or other forms of trans- portation to be used, Including bicycles. 6. Plan for compliance with the Americans with Disabilities Act and Anferlcans with Disabilities Act Acces- sibility GUidelines (ADAAG), 7. Other Information as the city manager believes necessary to ensure public access and safety. 10-8-5: HOLD HARM- LESS AGREEMENT: For valet parking on cityy' property or the public right -away the application .must in- clude an agreement pursuant to which the applicant agrees to in demnify, defend and hold, harmless the city and Its agents, officers and employees, from any and all claims, law- suits, damages, losses and expenses, of what- ever nature, which may result or arise from the provision of valet park- ing covered by the per- mit, irrespective of Whether said claims are frivolous or merito- rious. 10-8-6: STANDARDS FOR ISSUANCE: A. Issuance: The city manager must exam- ine the application, and 7.5A-18: UNLAWFUL ASSEMBLY: ' A. Definition: An "un- lawful assembly" is three (3) or more per- sons assembled to- gether, with them or any of them acting in a Violent manner;. and with intent that they or any of them will com- mit a public offense or causing other persons to be intimidated, har- assed or placed in fear of bodily harm. B. Prohibited Act: it Is unlawful for a person to. willingly Join in or remain a part of an un- lawful assembly, know- Ing,or having reasona- ble grounds to believe that It is such. C. Refusal To Dis- perse: it is unlawful for any person within the hearing distance of a police officer who or- ders the participants in an unlawful assembly of persons in the im- mediate vicinity of an unlawful assembly to refuse to disperse. D. Lawful Assemblies Excepted: Nothing in this section will be construed to prevent persons from gathering together in orderly or lawful assemblies which will not result in the disturbance of the peace - or disorderly conduct. Section 4, This Ordi- nance ' . takes 'effect upon publication: '' Passed, approved, and adopted the 19th day of May, 2014. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. - Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 23rd • day of May, 2014. /s/Kevin S. Flrnstahl, City clerk 1t 5/23 Assemblies MI Sepa rate sectior1, reyin ovecl from tl--ie u rin Ib rel la of species I eve r1ts - IE) e f i ri i t i o ri - A corr-i pa r1y of persor-1s col Iectecl together i r-1 or -1e place or -1 the sidewa 11<, or a riy orga r -i izecl r --ria rc1-, or processiori of persoris u pori the sidewa I k - Rea sor-1albly ar1ticipatecl to ir1terfere with or irr-ipede tl-ie flow of pedestriar1 trafficff but wi 11 riot= - obs-truc-t -the riorrrial flow of vehicular -traffic; or - Op require a s -tree -t closirog or o-therwise require police officers -to s -top or rerou-te vehicular traffic because the persons will riot or car-ir-iot comply with riorrr-maI and usual -traffic regula-tioris or core -troll_ - N o p e r rr-m i t, -Fe e s, i ri s u r-. ri c e o r i ri 4=1 a r r -i ri i f i c a t i o ri re cI u i re 4=1 Assemblies Continued • Encouraged to notify the city manager at least five (5) business days in advance, or as soon as practicable • Notice of date, time, location, route and estimated number of persons participating • City can prepare personnel/city services & protect participants/public • Allowed unless a direct interference with apreviously planned permitted activity or public assembly, or there is a significant public safety issue. • Upon conflict City will give an alternate date, time, location or route. • Alternate to have comparable public visibility, similar route, location & date to original proposal • If substantial interference with pedestrian traffic, building access or emergency responder access the PD will establish a pedestrian pathway on the sidewalk provided that the pedestrian pathway is reasonable in size & allows use of the remaining sidewalk by the participants in the public assembly • If attendance exceeds the anticipated levels & interferes with traffic or requires a street closing or stopping/rerouting of traffic the PD will make reasonable accommodations to increase the portion of the public way available to the public assembly • Unlawful for any person to interfere with lawfully conducted public assemblies Particles 1 Events on Public Right of \/\/.y 1==> -F n i -t of specia I evert-ts - A pla-emporary aggrega-t of a-t-tras, cluclpublic eI1-r_er-r_ me -t, food a rid beverage service -Fa ci I i -ties, sales of souvei rs or r mercha rid ise, or si m i la r a -t -t icz) -t1-ia-t is C i 3 cord ucl ori the ppu bl is way, or Cii� cor�cl LJ cl prima ri I outdoors on pro e pr-ty open -t o -he publ il-1 s o�er -tI-1a n -t e public way a r --1 a:3= - Ir1cludes ac-tivi-ties -tI-1a-t require -tI-1e issuance of a ci-ty -terrmporary food es-ta bl ishmer1-t I icer1se or a specia I ever1-t I icluCZ, r I icer1sei or - Requires special ci-tyservices, ir1cluclir1g bu-t r--1 c:::• -t_ lirrmi -ted -to any of -tI-1e foIIcow ir1g= s -tree -t closuresi provisior1s of barricades, garbage cars, s -tapes or special r10 pa rl<i rg sig rsi specia I elec-tri ca I servicesi or specia I pool Ice protec-tior _ - Perrrii-t required and applica-tiL_J the -tir-r�e, manner Ioca-tion of such parade or special every -t_ No charge -to fees, insurance or clefica-iorecluireme-ts Events on Private Property • NO PERMIT REQUIRED, unless • Substantial impact on public health or safety or the peace and quiet of a neighborhood by reason of the number of person attending such event, the use of outdoor music or amplified noise and the likely AND • A fee is charged to attendees; or • The property possesses a zoning classification other than residential and the event is outside of the original intent or purpose of the property or facility on the property Other Ordinance Impacts • Special Events Waiver Policy adopted for: • Permit Application Fees • Deposit Fee Waiver (Non-alcoholic events only) • Insurance & IndemnityWaiver (Non-alcoholic events only) • Valet Parking - put in its own chapter • Unlawful assembly provision relocated to Title 7 Questions? Page 1 of 2 Kevin Firnstahl - Council Meeting 5/19/14 From: "Art Gilloon" <agilloon@dbglaw.com> To: <Rdbuol@cityofdubuque.org>, <Lsutton@cityofdubuque.org>, <Rj ones@cityofd... Date: 5/15/2014 10:34 AM Subject: Council Meeting 5/19/14 CC: <cbrumwel@cityofdubuque.org>, "Cindy Steinhauser" <C steinha(acityo fdubuqu.. . To: Rdbuolacityofdubuque.org; Lsutton@cityofdubuque.org; Rionesacityofdubuque.org; dresnick@cityofdubuque.org; kbraig�?a.cityofdubuque.org; klynch@cityofdubuque.org; jconnors@cityofdubuque.org Cc: Kfirnstall©cityofdubuque.org; cbrumwel(ccityofdubuque.orq;Csteinhauseracityofdubuque.org Subject: Ordinance re Parades, Assemblies and Special Events Ordinance Dear Mr. Mayor and Council Members --- have not seen the Agenda for the Council 5/19/14 meeting, but if the Special Events permit ordinance is to be taken "off the table" for consideration on 5/19, I respectfully request five minutes of time to address the Council when it comes up at your meeting. If City staff is making a presentation, I would prefer to follow their presentation. I will be respectful of your time. Thank you very much for your consideration and a positive response to my request. F. Gilloon, Attorney at Law Wright & Hamel, P.C. Main Street Arthur Gilloon, 770 file :///C : /IJsers/kfirnsta/AppDatalLocal/TemplXPgrpwise/5 3749851 DBQ_... 5/15/2014 Page 2 of 2 Dubuque, Iowa 52001 This e-mail message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. HEALTHCARE PRIVACY STATEMENT: This message may contain protected health information that is strictly confidential. If you have received this e-mail, you are required to maintain the security and confidentiality of the information and may not disclose it without written consent from the patient or as otherwise permitted by law. Unauthorized disclosure may be subject to federal and state penalties. Arthur F. Gilloon Gilloon, Wright & Hamel, P.C. 770 Main Street Dubuque, IA 52001-6820 Ph: 563-556-6433 Fax: 563-556-7706 Click here to report this email as spam. file :///C : /IJsers/kfirnsta/AppDatalLocal/TemplXPgrpwise/5 3749851 DBQ_... 5/15/2014 Page of >> Kevin Firnstahl Parades, Assemblies and Special Events ? From: "Art Gilloon" <agilloon@dbqlaw.com> To:<Rdbuol@cityofdubuque.org>, "David Resnick" <Dresnick@cityofdubuque.org>... Date: 5/19/2014 11:02 AM Subject:Parades, Assemblies and Special Events CC:<balesq@cityofdubuque.org>, <cbrumwel@cityofdubuque.org>, "Cindy Steinha... Dear Mr. Mayor and Council Members--- Per the requests of the Mayor and Mr. Lindahl, I am communicating some thoughts on a the new Parades, Assemblies and Special Events ordinance to all of you in advance of tonights meeting: ? 1.It was good and proper to delete the 24+ person quota contained in the prior draft, but the newly proposed ordinance still violates the Constitutional rights of the citizens of Dubuque. 2.Here are some of the problems I see from a Constitutional perspective: (A) The first problem is with 102(A). City Governments job is to ???? protect the citizens, and then leave them alone. The City Code is not the place where the Government should "encourage" citizens to do anything in regard to exercising their First Amendment rights. A citizen is dutybound to ? obey the law, and nothing else. As redrafted, is the Ordinance now saying that a person who wants to organize a lawabiding assembly is going to be greeted ? with hostility by the police and City if he or she has not followed the "encouragement" of the City and notified the City in advance? There should be no repercussion of any kind for a lawabiding person exercising his or ? her Constitutional rights as they see fit, and without prior notice to anyone, especially the Government. file:///C:/Users/kfirnsta/AppData/Local/Temp/XPgrpwise/5379E4CCDBQ_...5/19/2014 Page of >> (B) Secondly, when you read Sections 102(A), (B) and (D) together, it ??? is apparent that what is being planned is to allow the City Manageror his designee (whoever that might be an administrative assistant, a clerk?) ? to pick and choose protest sites. This has happened in other cities, where protestors are put in special "protest areas" designated by public officials. The Ordinance says this can be done if the Manager makes a determination that one protest will "be a direct interference" with another event or if the Manager thinks there is a significant public safety issue. ?? The Manager can then designate an alternate site. There are many things wrong with these sections of the ordinance, not the least of which is giving the power to one unelected official or his/her designee to parcel out sidewalks and public spaces as they deem appropriate, and to determine what a comparablealternate site is. For example, I am confident the ?? various unions of the Dubuque area would be surprised to find that they could not conduct a peaceful, lawabiding strike at a plant entrance ? because the City Managers designeebelieves there might be trouble. ??? They will be equally surprised when notified they can protest on the City sidewalk, but its members have to do so 3 blocks away from the plant entrance because the Managers assistant has determined such is ? required, or because proemployer citizens filed a request to picket in ? support of the employer before the union did. (C) Third, by what standard is the Manager to determine interferenceor ?? whether a significantpublic safety issueis presented? There is no ???? standard or guidance in the Ordinance. (D) Fourth, these sections effectively eliminate the possibility for people to exercise their First Amendment rights in a simultaneous counterprotest. ? There have been many peaceful and effective protests and counter ? protests occurring together, at the same time and in the same place over the course of U.S. history. That is what the Constitution promotes. (E) Fifth, when the Mayor or his/her designee picks an alternate site, they only need to provide "comparablepublic visibility and a similar route, ? location and only to the extent practicable." However, it is the citizen under our Constitution that gets to pick the site, date and time for their file:///C:/Users/kfirnsta/AppData/Local/Temp/XPgrpwise/5379E4CCDBQ_...5/19/2014 Page of >> assemblyin the first instance, and if they obey the law, then no one ?? should tell him or her when and where he or she should gather, assemble, associate or speak, especially not the City. We have ordinances already in place that will address any behavior that breaks the law. Again it seems, these sections of the Ordinance unduly restrict the rights of law abiding citizens to exercise their rights to freely speak, assemble and associate, and that is not the role of the City. As I and others have maintained all along, the current City Ordinances and State laws dealing with public safety, vehicular traffic, blocking driveways, and blocking sidewalk access all deal effectively with the issues Sections 102(A), ??? (B) and (D) are trying to address. These ordinance sections are not necessary, so why risk violating the rights of your citizens? I also see the waiver policy ( although not set out in the Ordinance) favors Veterans, the Safe Community Task Force, and events planned for state and federal holidays. Few would question the worthiness of these chosen entities to receive a waiver. It seems, however, that many groups could meet the criteria for a waiver, but we dont know why the policy was drafted to favor these few or ? what criteria was considered. Shouldnt The United Way, 501(c)(3) charities, ? and similar taxexempt organizations also be considered for waiver? We dont ?? know the criteria that went into the policy so that question cannot be answered, but the City Council ought to be asking that question. One of the great delights of a free society and our First Amendment rights is the ability of any citizen or group of citizens to exercise them without precondition, without warning, and whenever and wherever he or she wants, as long as they obey the law. I ask that this ordinance be rejected by the Council. file:///C:/Users/kfirnsta/AppData/Local/Temp/XPgrpwise/5379E4CCDBQ_...5/19/2014 Page of >> I also ask that I be allowed to speak this evening after Staffs presentaion ? during the consideration of the Ordinance as an Action Item, per my previous request of May 15 ,2014. Thank you. Art This email message is for the sole use of the intended recipient(s) and may contain > confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. > HEALTHCARE PRIVACY STATEMENT: This message may contain protected health information that is strictly confidential. If you have received this email, you are > required to maintain the security and confidentiality of the information and may not disclose it without written consent from the patient or as otherwise permitted by law. Unauthorized disclosure may be subject to federal and state penalties. Arthur F. Gilloon Gilloon, Wright & Hamel, P.C. 770 Main Street file:///C:/Users/kfirnsta/AppData/Local/Temp/XPgrpwise/5379E4CCDBQ_...5/19/2014 Page of >> Dubuque, IA 520016820 > Ph: 5635566433 >> Fax: 5635567706 >> Click here to report this email as spam. file:///C:/Users/kfirnsta/AppData/Local/Temp/XPgrpwise/5379E4CCDBQ_...5/19/2014 Page of >> Kevin Firnstahl "Contact Us" inquiry from City of Dubuque website ? From: "Citizen Support Center" <dubuqueia@mycusthelp.com> To:<kfirnsta@cityofdubuque.org> Date:5/19/2014 10:31 AM Subject: "Contact Us" inquiry from City of Dubuque website Attachments:Special_Events_Ordinance.pdf Contact Us Name: Monty Phone: Email: magicmonty@live.com City Department: City Council Message: City Council, With all due Respect, I want to be very clear, the Title 10 Special Events and Waiver Policy is passed it will be unconstitutional in the court of law as in violation of our first amendment rights. It will NOT stand up in the court of law. I encourage you to vote this down for good and never bring it back again. Click here to report this email as spam. file:///C:/Users/kfirnsta/AppData/Local/Temp/XPgrpwise/5379DD7FDBQ_...5/19/2014