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HomeMy WebLinkAboutOrdinance 11- 1798 Public Assembly and Parade Permitting, revising Chapter 12.32ORDINANCE NO. 1798 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY GENERARLLY REVISING CHAPTER 12.32 RELATED TO PUBLIC ASSEMBLY AND PARADE PERMITTING AND ADDING PROVISIONS REQUIRING INSURANCE AND INDEMNIFICATION AND ENFORCEMENT AND PENALTIES FOR VIOLATIONS. WHEREAS, on March 2, 1998, Ordinance No. 1458 was finally adopted to establish a permit system for parades and public assemblies and the public conduct during parades and public assemblies; and WHEREAS, the City Commission recognizes and supports the public's right of assembly and free speech and to utilize designated public facilities for such purpose; and WHEREAS, the City has an important and compelling governmental interest in protecting property, public safety, health, and welfare, and controlling the use of streets and other public facilities and venues; and WHEREAS, it is the intent of the City Commission to provide for and protect the health, safety and welfare of the citizens of Bozeman, promote residential harmony and ensure the well- being of participants, spectators and passersby of parades and public assemblies held on public lands; and WHEREAS, it is the intent of the Commission that certain events, because of thier significant historical or cultural contribution to the welfare of the citizens of Bozeman be given recognition as annual community events and as such receive the full participation and support of Ordinance 1798 --. Final Adoption Page t of 21 the city of Bozeman and the residents of Bozeman and which events include. Massie on Main-, Christmas Stroll Bite of Bozenian, Sweet Pea Parade; Bozeman High School Florneconling Parade the Montana State University Homecoming Parade the American legion Mernorial Day Parade; the Semi Annual Montana State University Pep Rallies and the spring Bobcat Festival; the Downtown Business Partnership Sponsored Cruisin' on Main Car Show and other City sponsored events as determined by the city commission; and WHEREAS, it is the intent of the City Commission to accommodate public rights of speech and assembly consistent with that governmental interest by establishing procedures, terms, and conditions for use of public areas and facilities for such purposes. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman Montana: Section 1 That the table of contents for chapter 12.32 of the Bozeman Municipal Code shall be amended to read as follows: "Chapter 12.32 Sections. 12.32.010 12.32.020 12,32.030 12.32.040 12.32.050 12.32.060 12.32.070 12.32.080 12.32,090 12.32.100 12.32.110 12.32.120 12.32.130 12.32.140 12.32.150 12.32.160 PARADES AND PUBLIC ASSEMBLIES Purpose and Intent Scope; Authority Definitions Administration; Permit Required Exceptions Parade and Public Assembly Open to Public/Private For-Profit Activities Requirements for Insurance, Indemnification, Bonding or Other Security Application Downtown Street Closure Approval Traffic Control Plan/City Equipment Temporary Closures for Residential Block Parties Fees Police Protection; Public Services and Other Expenses Public Hearing Standards of Issuance of Permit Action on Application Ordinance 1798 — Final Adoption Page 2 of 21 1232,170 Alternative Permit 12.32.180 Nondiscrimination 12.32.190 Notice of Decision on Application 12.32,200 Appeal Procedure 12.32.210 Notice to City and Other Officials 12.32.220 Duties of Permittee 12.32.230 Prohibitions 12.32.240 Public Conduct During Parades or Public Assemblies 12.32.250 Revocation of Permit 12,32.260 Enforcement 12.32.270 Judicial Review 12.32,280 Violations, Penalties" Section 2 That a new section shall be added to the Bozeman Municipal Code to read as follows: "Purpose and Intent The City recognizes and supports the public's right of assembly and free speech and to utilize designated public facilities for such purposes. At the same time, the City has an important and compelling governmental interest in protecting property, public safety, health, and welfare, and controlling the use of streets and other public facilities and venues. This chapter seeks to accommodate public rights of speech and assembly consistent with that governmental interest by establishing procedures, terms, and conditions for use of public areas and facilities for such purposes. A second purpose of this chapter is to facilitate and manage the manner in which public facilities that are not otherwise required for governmental operations may be made available for use on a temporary basis for non-governmental operations." Section 3 That a new section shall be added to the Bozeman Municipal Code to read as follows: "Scope; Authority This chapter applies to all public parades and assemblies that may be expected to affect the public, the property or services of the city, or otherwise require an expenditure of time and expense or create the potential for liability or public disturbance or other substantial concern. This chapter also applies to requests for the use of public facilities for purposes other than governmental operations except as provided in chapter 12,26," Section 4 That current sectionl2.32.010 of the Bozeman Municipal Code shall be amended to read as follows: "12.32.030 Definitions As used in this chapter; Ordinance 1798 - Final Adoption Page 3 of 21 A. "Aggrieved Person" means a person who can demonstrate a specific, personal and legal interest in the final decision of an application for a permit issued under this chapter, as distinguished from a general interest such as is the concern of all members of the community, and which interest would be specifically and personally prejudiced by the decision or benefited by its reversal. B. "Certified traffic control person" means a person who has completed a course or program of training for regulating the flow of traffic upon a street, which has been approved by the chief of police, the Montana Department of Transportation, or the city streets superintendent. C. "Parade" means any march, demonstration, procession, or motorcade consisting of persons, animals, bicycles, runners /joggers /walkers or vehicles or a combination thereof upon the streets, or other public facilities within the city with an intent of attracting public attention that affects or may reasonably be expected to affect the normal flow or regulation of traffic upon the streets, or other public facilities. D. Pen means permission for assembly, parade, or use of public facilities issued pursuant to this chapter. E. "Public assembly" means any meeting, march, demonstration, picked line, rally, or gathering of seventy five (75) or more persons for a comynon purpose as a result of prior planning that affects or may reasonably be expected to affect the normal flow or regulation of pedestrian or vehicular traffic upon the streets or other public facility other than a park or recreational building or facility, as defined in chapter 12.26. F. "Public facility" means a building, structure, place or other location or area which a person may seek to utilize for purposes other than the normal and usual governmental operations of the city, but excludes a public park and recreational facilities, as the public assembly and use of all parks and recreational facilities are regulated under chapter 12.26. G. "Sidewalk" means any area or way set aside or open to the general public for purposes of pedestrian traffic, whether or not it is paved. H. "Street" means any place or way set aside or open to the general public for purposes of vehicular traffic, including any berm or shoulder parkway, right-of-way, or median strip thereof." Section 5 That current section 12.32.020 of the Bozeman Municipal Code shall be amended to read as follows: 11 12.32.040 Administration; Permit Required Ordinance 1798 — Final Adoption Page 4 o1721 A. This chapter shall be administered by the city manager or his/her designee. B. Except as provided in this chapter, no person shall engage in or conduct any parade or public assembly or use any public facility, including public rights-of-way, for purposes other than governmental operations unless a person has a current and valid permit therefore issued in accordance with this chapter. Section 6 That current section 12.32.030 of the Bozeman Municipal Code shall be amended to read as follows: "12,32-050 Exceptions This chapter shall not apply to the following: A. Funeral processions, B. Students going to and from school classes or participating in educational activities, provided that such conduct is under the immediate direction and supervision of the proper school authorities,.; C. A governmental agency acting within the scope of its function. D. Spontaneous events resulting in a public assembly occasioned by news or affairs coming into public knowledge within three days of such public assembly, provided that the organizer thereof gives written notice to the City at least twenty-four hours prior to such public assembly or other such notice as may be reasonable under the circumstances. E. The reserved use of parks or other recreational buildings and facilities. Parks and recreational buildings and facilities are regulated under chapter 12.26. Exceptions and waivers from requirements for payment of fees and expenses, proof of insurance, or other security may be approved solely in accordance with applicable sections of this chapter," Section 7 That a new section shall be added to the Bozeman Municipal Code to read as follows: "Parades and Public Assemblies Open to Public/Private For- Profit Activities A. Public assembly and parade events must be free and open to the general public. An organizer, permittee, or participant in an event authorized under this chapter shall not restrict the general public from access to sidewalks, businesses and residences. Ordinance 1798 - Final Adoption Page 5 of 21 B. Parades or public assembly permits that seek to utilize public facilities where the primary purpose of the event is to advertise or promote any products, goods, services or an event that is primarily for private profit-making purposes may be approved only if. 1. The public facility requested is not otherwise required for use for public purposes. 2. All costs to the city, direct and indirect, are reimbursed in full by the sponsor of the event. 3. The application satisfies all requirements of this chapter. C. The only signs permissible on city property during a parade or public assembly conducted primarily for private for-profit purposes are signs which identify organizations or sponsors furnishing or sponsoring exhibits or structures used in a parade or assembly. D. Participant fees may be charged, if so noted on the application, and approved by the city manager." Section 8 That section 12.32.070 of the Bozeman Municipal Code shall be amended to read as follows: ' 1 12.32.070 Requirements for Insurance, Indemnification, Bonding or Other Security A. To avoid interference with protected rights of speech and assembly, any requirement imposed for surety for performance (including but not limited to insurance, indemnification, bonding, or monetary deposits) shall be based upon needs directly associated with the event and not on the basis of possible disruption of the event by protestors or other persons who might be opposed to the speech or assembly. Such restriction, however, shall not apply where the city manager determines that the event is being scheduled so as to unduly and unnecessarily create a potential for counter- protest or disruption or interference with public health, safety, welfare, or order. B. A permittee under this chapter shall obtain commercial general liability insurance covering the permittee and/or the permittee's organization for all activities related to the parade and/or public assembly, including but not limited to setup, the public assembly or parade itself, and all cleanup and takedown activities. The insurance policy shall contain no exceptions or exclusions for activities conducted under or related to the permitted activities. The permittee shall name the city, its officers, and employees as additional insureds on a primary non-contributory basis. The additional insured coverage shall be in a form acceptable to the city. To the extent reasonably possible, such additional insured coverage shall be in the minimum amounts of $750,000 per claimant and $1,500,000 per occurrence. Ordinance 1798 — Final Adoption Pao e 6 of 21 C. The insurance requirements of this section are in addition to and separate from any other obligations contained in this section or chapter or in a permit issued under this chapter. D. Any liability insurance requirements for residential block parties shall be governed by section 12.32, 110, pertaining to residential block parties. E. Applicants for a permit under this chapter shall agree in writing to defend, hold the city and its employees and officials harmless and indemnify the city, its employees and officials, for any and all claims, lawsuits or liability including attorneys' fees and costs allegedly arising out of loss, damage or injury to person or person's property occurring during the course of, in preparation of, or in any way pertaining to the parade or public assembly which are caused by the conduct of employees or agents of the permit holder. F. The city manager may grant a waiver to the requirements of this section for city sponsored events or when the city manager determines the parade or public assembly does not present a substantial or significant public liability or property damage exposure for the city, its officers, agents and employees. The city manager shall consider the applicant's proven financial inability to obtain the required coverage. When the city manager considers requests for waivers, the city manager shall base the decision on the factual circumstances presented by the applicant and decide the specific request on its merits. Section 9 That current section 12.32.040 of the Bozeman Municipal Code shall be amended to read as follows: "12.32.080 Application A. A person seeking a parade or public assembly permit shall file an application with the city manager on forms provided by the city, and the application shall be signed by the applicant. B. For single, nonrecurring parades or public assemblies, an application for a permit shall be filed with the city manager at least fifteen (1 S) working days and not more than one hundred eighty days (180) before the parade or public assembly is proposed to commence. The city manager may waive the minimum filing period and accept an application filed within a shorter period if, after due consideration of the date, time, place, and nature of the parade or public assembly, the anticipated number of participants, and the city services required in connection with the event, the city manager determines that the waiver will not present a hazard to public safety, or if the required time frame would substantially burden protected rights, including speech and assembly, as to matters of public concern and the expedited review process would allow reasonable review to address substantial matters of public safety, welfare, and convenience. Ordinance 1798 — Final Adoption Page 7 of 21 C. For parades or public assemblies held on a regular or recurring basis at the same location, an application for a permit covering all such parades or assemblies during that calendar year may receive approval of all recurring events within that calendar year on one application but a separate application fee for each occurrence must be paid. These applications shall be filed with the city manager at least sixty (60) days and not more than one hundred eighty (180) days before the date and time at which the first such parade or public assembly is proposed to commence. The city manager may waive the minimum sixty (60) day period after due consideration of the factors specified in subsection B of this section. D. The application for a parade or public assembly permit shall be made on a form provided by the city and shall include all information deemed relevant to the requested event. E. If an application for a permit is denied, the city assumes no liability for expenses incurred by the applicant." Section 11 That a new section shall be added to the Bozeman Municipal Code to read as follows: "Traffic Control Plan/City Equipment A. Applications for parades, public assemblies, residential block parties, fun runs and other similar events that include a street(s) closure must provide a complete traffic control plan that complies with the Manual on Uniform Traffic Control Devices. Permittees of events requiring a traffic control plan must ensure requirements of the traffic control and barricade plan are met. Automobiles, trucks or other large, heavy objects are not acceptable barricades. Barricades in place at night must have lights. This plan shall include a map or sketch of the route, identify individuals who will be present at intersections, including their affiliation and proof of traffic control certification, if applicable, types of personal safety equipment, and types of barricades. If a street is not closed, but traffic will be stopped for participants to cross, certified traffic control persons must be used. B. The requirement in subsection A may be waived by the city manager if it is determined that the closure can safely be done by the organizer using approved barricade s/signage. At the discretion of the city manager, barricades and signage may be obtained from the city streets division only upon submittal of a deposit in an amount to be established by the city manager. The applicant shall pay for any signage and barricades that are damaged or not returned to the city streets division. If signage and barricades are not available from the city streets division, the permittee must obtain them from a private sign company. Oi°dinance 1798 — Final Adoption Page 8 of 21 1 C. The requirement in subsection A may be waived by the city manager if it is determined the closure(s) will be done by the city streets division, with or without a fee for the service. Section 12 That a new section shall be added to the Bozeman Municipal Code read as follows: "Temporary Closures for Residential Block Parties. Residential block parties may be permitted by the city manager pursuant to the criteria in section 12.32.150 at residential locations not involving closure of any arterial or collector streets and only during the hours between 8:00 a.m. and 9:00 p.m. subject to the following conditions: A. The applicant shall contact in writing all abutting or adjacent property owners and residents (if a property is not owner-occupied) within the area to be closed as well as the property owners on the comer lots immediately across the intersection on the opposite side of the street closure. The applicant shall provide written documentation to the city manager at the time of application indicating each of the above described property owner/residents consent to or oppose the application. B. The applicant must have an approved traffic control plan in accordance with section 12.32.100 and shall be solely physically and financially responsible for obtaining, placing and removing any required barricades or traffic control devices. C. The applicant to the extent reasonably possible shall provide liability insurance protecting themselves as well as naming the city, its officers and employees, as an additional insureds. D. The applicant and participants shall comply with any conditions imposed on the permit. E. Applicants for a permit under this chapter shall agree in writing to defend, hold the city and its employees and officials harmless and indemnify the city pursuant to section 12,32,070.E. Section 13 That current section 12.32.050 of the Bozeman Municipal Code shall be amended to read as follows: 11 12.32.120 Fees/Cost Recovery A. A non-refundable fee shall be paid to the city at the time of application to cover administrative costs of processing pen All fees under this chapter shall be set by resolution of the commission. If the city manager requires a deposit for the parade or public assembly the city manager shall establish standards for return and forfeit. B. If the application is for the use of any city property or if any city services shall be required for the parade or public assembly, the applicant shall pay, prior to the Ordinance 1798 -- Final Adoption Page 9 of 2 1 issuance of a permit, the costs for those services in accordance with a schedule of service costs approved by the commission by resolution, or assessed by the city manager as authorized under this chapter. C. If a permittee fails to pay costs or take actions required under this chapter, the city, after requesting the permittee for payment, may draw upon any deposit provided under 12.32,120.A or may seek to recover such costs from the permittee or other responsible person by appropriate legal action. If the City prevails in any such action for recovery, it shall be entitled to reimbursement of any costs incurred in seeking such recovery, including court costs and attorneys' fees. Cost recovery from permittees and participants shall be focused upon the conduct of the permittees and authorized participants and not on conduct of observers or other over whom permittee cannot reasonably be expected to exercise control. Section 14 That current section 12.32.060 of the Bozeman Municipal Code shall be amended to read as follows: 11 12.32.130 Police Protection; Public Services and Other Expenses A. Police Protection. I. If possible, without disruption of ordinary police services or compromise of public safety and welfare, regularly scheduled on-duty police personnel shall police the event. 2. The city manager, with advice from the chief of police, shall determine whether and to what extent additional police protection is reasonably necessary for the parade or public assembly for traffic control and public safety and welfare, including public convenience. The city manager shall base a decision regarding required police protection on relevant criteria including, but not limited to, the size, location, duration, time, and date of the event, the expected sale or service of alcoholic beverages, the number of streets and intersections blocked, and the need to detour of preempt citizen travel and use of the streets and sidewalks. 3. The speech content of the event shall not be a factor in determining the amount of police protection necessary, except when the applicant's speech is determined to have reasonable potential to cause, or will have the result of causing, public alarm, disruption, falsehood, or which will constitute any form of expression that is not protected under the laws or constitution of Montana or the United States. 4, If additional police protection for the public assembly is deemed necessary by the city manager, he the city manager shall so inform the applicant for the permit. The applicant then shall have the duty to secure the police protection deemed necessary by the city manager at the sole expense of the applicant. Ordinance 1798 ­ Final Adoption Page 10 of 21 Z� A. Public Services. The city manager shall determine if the applicant shall be required to pay for or provide additional public services-related actions such as lighting, refuse receptacles and pick-up, traffic control signs, devices or personnel. B. Other Expenses. In circumstances where the event itself may be expected to cause the city to incur additional, extraordinary expenses, the city manager shall identify such expenses and the basis for determining them to be extraordinary. Such expenses may be imposed upon the applicant as a condition of approval of the permit, C. Persons engaging in parades or public assemblies conducted for the sole purpose of public issue speech protected under the First Amendment are not required to pay for any police protection or public services or other expenses provided by the city. Section 15 That section 12.32.140 of the Bozeman Municipal Code shall be amended to read as follows: "12.32.140 Public Hearing A. At any time during consideration of an application, the city manager may determine it is necessary to conduct a public hearing to the extent possible on the application to determine the nature of public concerns with the proposed event and whether such concerns should require denial of the application or imposition of conditions. The public hearing shall be limited to concerns that are unrelated to content of speech or purposes of the assembly or event except to the extent that concerns address matters such as those specified as appropriate for consideration in this chapter. B. A public hearing, if held, shall be scheduled to allow action on the application within the time frames established under this chapter. If a hearing cannot be scheduled within the timeframes established by this chapter, the city manager may suspend such timeframes only for the time necessary to allow for scheduling, noticing, and conducting of a public hearing. The city manager shall provide notice of the hearing to the applicant and the public by normal posting/publication requirements and such additional notice to potentially affected persons as is reasonably determined to be appropriate." Section 16 That current section 12.32.080 of the Bozeman Municipal Code shall be amended to read as follows: 11 12.32.150 Standards of Issuance Each application shall be reviewed on a case by case basis. This chapter seeks to impose reasonable time, place and manner controls in an appropriate and limited manner upon events and facility uses for which permits are required. This chapter shall be administered in a manner that seeks to allow for expression, assembly, and the exercise of religious rights in accordance with applicable constitutional and statutory limits and controls. Ordinance 179 — Final Adoption Page 11 of 21 A. The city manager shall issue a permit, subject to any conditions deemed necessary and reasonable, as provided for herein when, from consideration of the application and for such other information as may otherwise be obtained, the city manager finds: 1. The application is complete and sets forth accurately and in sufficient detail the information required for consideration. 2. The conduct of the parade or public assembly will not unduly inconvenience either the public in using public areas normally open for general public use or the city in the conduct of governmental operations; 3. The conduct of the parade or public assembly will not substantially interrupt the safe and orderly movement of other pedestrian or vehicular traffic in the vicinity of its route or location; 4. The possibility of the event causing any noise which unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of reasonable persons of ordinary sensitivity, pursuant to chapter MO. 5. The conduct of the parade or public assembly will not require the diversion of so great a number of city police officers to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection of the city; 6. The concentration of persons, animals, and vehicles at public assembly points of the parade or public assembly will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such public assembly areas; 7. The conduct of the parade or public assembly is not reasonably likely to cause injury to persons or property; 8. The parade or public assembly is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route; 9. Adequate sanitation and other required health facilities are or will be made available in or adjacent to any public assembly areas; 10. There are sufficient parking places near the site of the parade or public assembly to accommodate the number of vehicles reasonably expected; 11. The applicant has secured the police protection, or otherwise arranged for event security if required pursuant to 12.32.130; 12. The applicant has paid or provided for payment of any expenses or costs as may be required under the provisions of this chapter. 13. Except as the city manager may determine pursuant to section 12.32.060, such parade or public assembly is not for the primary purpose of advertising any product, goods, or event that is primarily for private profit, and the parade or public assembly itself is not primarily for profit. The prohibition against advertising any product, goods or event shall not apply to the signs identifying organizations or sponsors furnishing or sponsoring exhibits or structures used in the parade; 14. No parade or public assembly permit application for the same time and general location is already granted or has been received and will be granted; Ordinance 1798 — Final Adoption Page 12 of 21 15. A parade or public assembly permit application for the same time but for a different location is already granted or has been received and will be granted, and the police resources or other public services required for that prior parade or public assembly are so great that in combination with the subsequent proposed application, the resulting deployment of police or other public services would have an immediate and adverse effect upon the welfare and safety of persons and property; and 16. The conduct of a past parade or public assembly for the same purpose or by the same organizer/organization was acceptable. 17. The event has no significant financial impact on city resources for events scheduled on holidays and weekends. 18. The number of hours a street(s) is requested to be closed will not significantly affect vehicular and pedestrian access to commercial and residential properties, 19. A new event that requests the closure of a collector and/or arterial street(s) would benefit more than just a limited number of individuals. 20. A street closure is necessary for the safety of the event participants, rather than just for the convenience of the event. 21. For events which seek the closure of any portion of Main Street the applicant must demonstrate a nexus between the event and the need for use of Main Street as opposed to use of another location. B. An event may be limited as to the number of participants in the interest of safety, health, public order, and adequacy of facilities and security by order of the city manager, chief of police or fire chief. C. No permit shall be granted that allows for the erection or placement of any structure, whether permanent or temporary, on a city street, sidewalk, or right-of-way unless advance approval for the erection or placement of the structure is obtained from the city manager." Section 17 That a new section shall be added to the Bozeman Municipal Code to read as follows: "Action on Application A. Within five (5) working days upon receiving an application, the city manager shall determine if the application is complete or if any additional preliminary information is required. An incomplete or insufficient application suspends the review times provided in this section until the information requested is provided to the city. If additional information is required, the city manager shall so inform the applicant, and the applicant shall provide such required information prior to further consideration of the application. The requirement to supplement the application at this stage does not prevent the city from requiring additional information during its review and action on the application. Ordinance 1798 - Final Adoption Page 13 of 21 B, After accepting an application as complete, the city manager shall forward it for review and recommendation to the chief of police, streets division, any other municipal employee, official, or board deemed appropriate. The application shall also be referred to the Montana Department of Transportation and the Gallatin County road superintendent if the event could affect the state or county transportation system. Applications for events in the downtown area shall also be forwarded to the Downtown Bozeman Association. Such review and recommendation shall occur within five (5) business days unless that period is extended by the city manager. C. After receiving comments and recommendations from the reviewing agencies and after considering such other information as deemed appropriate, the city manager may require the applicant to submit additional information or respond to the reviews and recommendations or impose such conditions as are appropriate under the circumstances. D. If the city manager determines an event has the potential of adversely affecting the public or a substantial number of persons, the city manager may determine that a public hearing is required, in which case 12.32.140 shall apply. In such a case, the timelines for review as established in this section shall be suspended until completion of the public hearing. E. Upon completion of the foregoing, the city manager shall act on the application. The city manager may approve, amend, approve with conditions or deny the application. For any action other than approval as submitted, the City manager shall include a brief summary of the reasons for the decision. G. Unless otherwise provided in this chapter or agreed to by the applicant, the city manager shall act on an application within fifteen (15) working days after determining that the application is complete." Section 18 That current section 12.32.110 of the Bozeman Municipal Code shall be amended to read as follows, 11 12.32.170 Alternative Permit A. The city manager, in denying an application for a parade or public assembly permit, may authorize the conduct of the parade or public assembly at a date, time, location, or route different from that named by the applicant. An applicant desiring to accept an alternate permit shall, within five (5) days after notice of the action of the city manager, file a written notice of acceptance with the city manager. Ordinance 1798 --Final Adoption Page 14 of 21 B. An alternate parade or public assembly permit shall conform to the requirements of, and shall have the affect of, a parade or public assembly permit issued under this chapter." Section 19 That current section 12.32.090 of the Bozeman Municipal Code shall be amended to read as follows: "12.32.180 Nondiscrimination A. The city manager shall uniformly consider each application upon its merits and shall not discriminate in granting or denying permits under this chapter based upon political, religious, ethnic, race, disability, sexual orientation or gender related grounds or other criteria that would constitute a violation of state or federal law. B. To achieve the purposes of this chapter without undue interference with protected rights of speech and assembly, decisions to issue, deny, or conditionally approve permits shall not be based on the content of a message associated with the event absent a compelling governmental interest. Notwithstanding that general standard, protections otherwise applicable to speech and assembly are limited and may not extend to speech or assembly that is intended to or has the result of causing public alarm, disruption, falsehood, or other form of expression that is not protected under the laws or constitution of Montana or the United States." Section 20 That current section 12.32.100 of the Bozeman Municipal Code shall be amended to read as follows: 11 12.32.190 Notice of Decision on Application The city manager shall act promptly upon a timely filed application for a parade or public assembly permit but in no event shall grant or deny a permit less than forty-eight (48) hours prior to the event. If the city manager disapproves, approves with conditions, or otherwise modifies the application, the city manager shall notify the applicant of the decision either by personal delivery or regular or electronic mail at least forty-eight (48) hours prior to the event and state the reasons for such action." Section 21 That current section 12.32.120 of the Bozeman Municipal Code shall be amended to read as follows: "12.32.200 Appeal Procedure A. An aggrieved person shall have the right to appeal the city manager's decision of a parade or public assembly permit to the commission. Prior to filing of an appeal with the commission, the appellant shall, within five (5) business days of the Ordinance 1798 — Final Adoption Page 15 of 21 city manager's decision, request the city manager reconsider the decision. The city manager shall have five (5) days to issue a decision on the request to reconsider, B. An aggrieved person may, only after complying with 12.32.200.A, file a written appeal with the commission through the city clerk with a copy to the city manager not later than five (5) days after the City Manager's decision on the request for reconsideration. The appeal shall state with specificity the grounds for the appeal. 1. The commission shall hear the appeal at the next regularly scheduled meeting following the accepted notice of appeal, provided that the receipt of the notice is received prior to the deadline for submission of new agenda items. a. The appeal hearing shall be limited to the grounds stated in the appeal unless the commission for good cause determines to hear other issues or concerns. b, The appellant, applicant (if not the appellant), the city manager and other persons directly affected may speak or submit evidence at the hearing. Public comment will be accepted. C. The commission shall make a determination on the appeal at the meeting, unless the applicant agrees to a continuance. The city clerk shall issue the commission's decision in writing to the applicant either by personal delivery, or regular or electronic mail. Section 22 That current section 12.32.130 of the Bozeman Municipal Code shall be amended to read as follows: "12.32.210 Notice to City and Other Officials Immediately upon the issuance of a parade or public assembly permit, the city manager shall send a copy thereof to the following: A. The mayor; B. The city attorney; C. The fire chief, D. The director of public services; E. The chief of police; and F. Any other entity determined by the city manager to be affected by the permit. Section 23 That current section 12.32.150 of the Bozeman Municipal Code shall be amended to read as follows: 11 12.32.220 Duties of Permittee Ordinance 1798 — Final Adoption Page 16 of 21 A. A permittee hereunder shall comply with all requirements of this chapter, permit directions and conditions and with all applicable laws and ordinances in effect at the time of the event. B. The parade or public assembly chair or other person heading such activity shall carry the parade or public assembly permit upon his person during the conduct of the parade or public assembly. C. The permittee or parade or public assembly chairperson or other person heading such activity shall notify all parade or public assembly participants of the conditions of this chapter." Section 24 That current section 12.32.160 of the Bozeman Municipal Code shall be amended to read as follows: "12.32.230 Prohibitions In addition to any other prohibitions set forth in this chapter, the following prohibitions shall apply to all permits for parades and public assemblies: A. It is unlawful for any person to stage, present, or conduct any parade or public assembly for which a permit is required without first having obtained a permit as herein provided. B. It is unlawful for any person to participate in a parade or public assembly for which a permit is required if the person knows a permit has not been granted. C. It is unlawful for any person in charge of, or responsible for the conduct of, a duly licensed parade or public assembly to knowingly fail to comply with any condition of the permit. D. It is unlawful for any person to engage in any parade or public assembly activity that would constitute a substantial hazard to the public safety or that would materially interfere with or endanger the public peace or rights of residents to the quiet and peaceful enjoyment of their property. E. It is unlawful for any person to carry any sign, poster, plaque, or notice, unless such sign, poster, plaque, or notice is constructed or made of a cloth, paper, or cardboard material.- I F. It is unlawful for any person participating in a parade or public assembly to utilize sound amplification equipment at decibel levels that exceed those limits imposed by this code. Ordinance 1798 - Final Adoption Page 17 of 21 G. It is unlawful for any person to ride, drive, or cause to be ridden or driven any animal or any animal-drawn vehicle upon any public street, unless specifically authorized by the permit. H. It is unlawful for any person in a parade or public assembly to deviate from the approved parade route, I. No parade participant shall throw, cast, or drop candy, trinkets, or any other articles from a moving vehicle. This provision does not prohibit a parade participant from providing candy or other articles directly to the spectators provided the participant is walking. J. It is unlawful for any person to engage in public drinking, public display, or exhibition of open alcoholic beverages (open container) during parades and public assemblies unless an open container waiver has been granted pursuant to chapter 9.70.. Section 25 That current section 12.32.170 of the Bozeman Municipal Code shall be amended to read as follows: 11 12.32,240 Public Conduct During Parades or Public Assemblies A. No person shall unreasonably hamper, obstruct or impede, or interfere with any parade or public assembly or with any person, vehicle, or animal participating or used in a parade or public assembly. B. No driver of a vehicle shall drive between the vehicles or persons comprising a parade or public assembly when such vehicles or persons are in motion and are conspicuously designated as a parade or public assembly. C. No person shall advance toward or go between the vehicles comprising a parade or public assembly when such vehicles are in motion and are conspicuously designated as a parade or public assembly. D. The city manager shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a street constituting a part of the route of a parade or public assembly. The city manager may require the applicant to post signs to that effect, and if so it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof. No person shall be liable for parking on a street that was not posted in accordance with this section. Section 26 That current section 12.32.180 of the Bozeman Municipal Code shall be amended to read as follows: Ordinance 1798 -- Final Adoption Page 18 of 21 "12.32.250 Revocation of Permit The city manager, the chief of police, and the fire chief shall each have the independent authority to revoke or suspend a parade or public assembly permit instantly: A. Upon a violation of the conditions imposed in the permit; B. Upon violation of this chapter; or C. When a public emergency arises where the municipal resources required for that emergency are so great that deployment of municipal personnel, equipment or services for the parade or public assembly would have an immediate and adverse effect upon the welfare and safety of persons or property. Such revocation shall take effect immediately, and the city manager, chief of police or fire chief shall promptly notify the permittee of revocation. After revocation, the permittee may not conduct the event, or if the event has commenced, shall immediately cause the event to be terminated in a safe, proper manner. Section 27 That a new section shall be added to the Bozeman Municipal Code to read as follows: "Enforcement This chapter may be enforced by the city manager, the fire chief, or the police chief, In addition this chapter may be enforced by injunction, restraining order, declaratory relief, or such other order as may be imposed by a court with appropriate jurisdiction." Section 28 That a new section shall be added to the Bozeman Municipal Code to read as follows: "Judicial Review After complying with the requirements of section 12.32.120, an aggrieved person may file a request for judicial review of a decision by the city commission made pursuant to this chapter. The request for review shall be filed no later than thirty (30) days after the commission's action. Section 29 That current section 12.32.190 of the Bozeman Municipal Code shall be amended to read as follows: "12.32,280 Violations, Penalties Any person violating the provisions of any section of this chapter or any provision or requirement of a permit issued hereunder shall be guilty of a municipal infraction in accordance Ordinance 1798 - Final Adoption Page 19 of 21 with chapter 1.24 and shall be fined not more than five hundred dollars ($500.00). Nothing herein shall be deemed to prevent the city from pursuing an action in law or equity to recover unreimbursed costs associated with a permit or unpermitted event." Section 30 Codification Instruction The provisions of this ordinance shall be codified as indicated herein and all new sections shall be codified as follows: Section I at 12.32,010; Section 2 at 12.32.020; Section 7 at 12.32,060; Section 10 at 12.32.090; Section 11 at 12.32.100; Section 12 at 12.32.110; Section 17 at 12,32,160; Section 27 at 12.32.260, and Section 28 at 12.32.270. Section 31 Repealer All provisions of the ordinances of the city of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the city of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Savings Provision Section 32 This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. Section 33 Severability If any part of this ordinance is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of this ordinance is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid application. Section 34 Effective Date This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY PASSED by the City Commission of the city of Bozeman, Montana on first reading at a regular session thereof held on the 7th day of March 2011. Ordinance 1798 - Final Adoption Page 20 of 21 ATTEST StAC Cit Cl # USS F KIJKAA ay FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the 25th day of April, 201 The effective date of this ordinance is the 25th day of May, 201 AT TEST: t5o 0 "7 �TA MFN 'C City Ter G SULLIVAN City Attorney Ordinance 1798 — Final Adoption Page 21 of 21