This chapter is not intended, and shall not be applied or construed, to violate any constitutionally protected rights. The decision of the hearing examiner is final.
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Activities on a public right-of-way in this city which either 1 are likely to or do substantially obstruct or interfere with the public use of public rights-of-way, 2 are likely to or do fail to comply with applicable traffic regulations or controls, 3 are likely to or do create a substantial risk to public health or safety, or 4 consist of 25 or more people are unlawful unless a ecsort activity permit has been issued by the city. The insurance shall provide coverage in an amount that the city determines, based on the information required in the application under FWRC 4.
Permit 4. The amount of the insurance shall not reflect or be increased because of the content of any constitutionally protected portion of the activity, esscort may be reduced or eliminated if the applicant cooperates with the city to de the event to respond to specific risks, hazards, and dangers to the public health and safety identified by the city as being reasonably foreseeable consequences of the permitted event.
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In lieu of insurance, an applicant may post cash or a bond that provides the city with the same security as the otherwise required insurance. A certificate for this coverage must be on escogt prior to the activity. If a permit is revoked the clerk shall provide notice as provided in FWRC 4.
The city may revoke wa permit if circumstances reasonably show that the activity can no longer be conducted without substantially obstructing or interfering with the public use of public rights-of-way, without violating applicable traffic regulations or controls, or without creating a substantial risk to public health or safety. An applicant for a permit under this chapter must appeal any decision denying or revoking the permit within 14 days of issuance of awy notice of the denial or revocation, by filing a notice of appeal with the city clerk.
Every escor or organization required to obtain a permit under this chapter shall submit a truthful and complete application to the city clerk. It is unlawful to violate or fail to comply with any provision of this chapter or any such rule or regulation.
Notice of the hearing shall be given to the appellant at least 10 days prior to the hearing. Prior to issuing a permit, the city clerk shall submit all applications to the police department for its endorsement as to whether the activity can be conducted without substantially obstructing or interfering with the public use of public rights-of-way, without creating a wwy risk to public health or safety, and without violating city or other regulations.
The city clerk or deee has the authority to adopt rules and regulations to carry out the provisions of this chapter and has the authority to administer and enforce this chapter and any such rules and regulations. The clerk shall notify the applicant of the denial, the findings, and the process by which the applicant may appeal. A funeral procession shall be exempt from obtaining a permit under this article.
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This section fedeal not apply to a spontaneous event occasioned by news or affairs coming into public knowledge less than two business days prior to such event where such event does not occur in the portion of the right-of-way traveled by vehicles, does not otherwise substantially obstruct or interfere with the public use of public rights-of-way, does not violate applicable traffic regulations fedsral controls, and does not create a substantial risk to public health or safety.
The application shall be submitted on an approved city form at least two business days prior to the intended date of the activity or seven days federql to the intended date of the activity if it will occur in the portion of the right-of-way traveled by vehicles, unless these provisions are waived by the city.
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Article II. The fire district shall be notified of all applications. Such receipt shall not be construed as approval by the city clerk for the issuance of the permit.
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Applicants are encouraged to submit applications at least 30 days in advance for events that may require more ificant city services in order to ensure the best coordination with city personnel, such as events that involve blocking ro or traffic or events which may block emergency access to areas. The decision of the hearing examiner shall be rendered within five days of the close of the hearing.
Generally 4. Upon receipt by the city clerk of the notice of appeal, a hearing shall be held before a hearing examiner deated by federall city. No consideration may be given to the content of any speech, the message of any event, the identity or associational relationships of the applicant, or to any assumptions or predictions as to the amount of hostility which may be aroused in the sscort by the content of speech or message conveyed by the event in the making of any decision or the use of any discretion under this chapter.
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The coordinator or alternate shall be available to address coordination of public services and compliance with any conditions set by the city prior to approval of the permit and thereafter. The decision shall be in writing and shall set forth the findings and reasons for the decision, and the applicant shall be notified in writing.
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Such waiver shall be granted if the city is able to ensure the coordination of necessary public services, the safety of the public, and reasonable public use of the public right-of-way. At the hearing the appellant shall be entitled to be heard and waj evidence on his or her own behalf. The sponsor shall hold harmless the city, its officers, agents, and employees from any claim, demand, action or judgment for property damage, personal injury or death arising from this 11.