§ 142-81. Definitions and clarifications.

In addition to the words, terms and phrases set forth in sections 142-2 and 142-51 above, the following words, terms, and phrases shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(a)

"Assembly" means any outdoor event that:

(1)

Involves an organized group that: moves from one location to another upon any city street, sidewalk, park or other city-owned right-of-way; has a common purpose, design, destination or goal; and consists of persons, animals or vehicles, or a combination thereof. Examples include without limitation a march, parade, promenade, or procession of any kind. Should the moving outdoor event be immediately followed by one hour or less of stationary activity, such as a speaker, the stationary activity shall be deemed part of the moving activity. Where the stationary activity exceeds one hour, it shall be deemed a separate outdoor event that requires separate permitting if applicable; and

(2)

Requires the temporary closure or obstruction of all or a portion of any city street, sidewalk, park or other city-owned right-of-way. When at least a four-foot width of sidewalk remains unobstructed during an outdoor event, and where the Atlanta Police Department and/or the department of public works, office of transportation determine that the sidewalk will be passable during said outdoor event, no temporary closure of said sidewalk shall be required; and

(3)

Meets at least two of the following three criteria: (A) Has greater than seventy-four people; (B) Travels for greater than two blocks if on a city street or sidewalk, or is in a city park; and (C) Moving portion of the outdoor event lasts for greater than one hour; and

(4)

Does not fit into any of the following exclusions:

(A)

Funeral processions;

(B)

Students going to and from school classes or participating in education classes, provided this conduct is under the immediate direction and supervision of the proper school authorities; or

(C)

A governmental agency acting within the scope of its agency; or

(D)

The city street, sidewalk, park and/or city-owned right-of-way being closed is adjacent to property owned by another governmental entity, and/or owned by an accredited college or university, on which an event is occurring at approximately the same time that the city property is being closed.

(b)

"Block" means one side of a rectangular area surrounded by streets and usually containing buildings, measured from corner to corner.

(c)

"Street closure permit" means the permit that is required for any non-construction-related event, of any size, indoor or outdoor, for which all or a portion of: (1) any city street including without limitation a lane, and/or (2) any other city-owned right-of-way other than sidewalks, and/or (3) any city street and/or right-of-way (or portions thereof) plus the adjacent sidewalk(s), will be temporarily closed or obstructed, and where the event does not meet the definition of "assembly" or fit into any of the exceptions listed in section 142-81(a)(4) above.

(d)

"Sidewalk closure permit" means the permit that is required for any non-construction-related event, of any size, indoor or outdoor, for which: (1) all of any city sidewalk will be temporarily closed or obstructed; or (2) a portion of any city sidewalk will be temporarily closed or obstructed, such that the closure or obstruction leaves less than a four foot width of the sidewalk unobstructed, and/or the office of transportation and/or the Atlanta Police Department determines that the sidewalk will not be passable during said closure or obstruction; and 3) the event does not meet the definition of "Assembly" or fit into any of the exceptions listed in section 142-81(a)(4) above. Where the sidewalk is closed for the reasons set forth in this subsection 142-81(d), but said sidewalk is adjacent to a street or other right-of-way that will be closed pursuant to a street closure permit, the sidewalk closure shall be included in the street closure permit, and no separate sidewalk closure permit shall be required.

(e)

Clarifications: Necessity of assembly permit versus street closure permit or sidewalk closure permit during certain types of events.

(1)

Where an outdoor festival or large gathering: i) has a discreet component that involves organized group movement from one location to another, and ii) the organized group movement meets the definition above of assembly, then the moving component alone shall be considered an assembly. The applicant must receive an outdoor festival permit or large gathering permit, as appropriate, for the non-moving component of the outdoor event, and an assembly permit for the moving component of the outdoor event.

(2)

Where an outdoor event: i) requires the closure of a city street, sidewalk, park, or other right of way; and ii) meets the definition of outdoor festival or large gathering, except that it involves movement from one location to another; and iii) said movement is not a discreet component of the outdoor event but rather the sole or primary focus of the outdoor event, then the entire outdoor event shall be deemed an assembly, not an outdoor festival or large gathering, and an assembly permit shall be required.

(3)

Where an outdoor event: i) meets the definition of outdoor festival or large gathering; and ii) is non-moving, and requires the temporary closure or obstruction of all or a portion of any city street, sidewalk, park or other public right-of-way, (e.g. a block party, or an outdoor festival on private property that expands into the sidewalk and/or street), except for within one hour after the moving component of an assembly ends as described in subsection 142-81(a)(1), then the host must obtain a street closure permit and/or sidewalk closure permit for the closure in addition to the outdoor festival permit or large gathering permit, as appropriate.

(4)

Where any event that is not an assembly: i) is permitted or unpermitted; and ii) is indoor and/or outdoor; and iii) requires the temporary closure or obstruction of all or a portion of any city street, sidewalk, park or other public right-of-way; and iv) where the closure will accommodate something that is incidental to the event rather than part of the event (e.g. a party inside of a residence or other building requires closure of a street to accommodate parking or to accommodate an entranceway for guests), then the host must obtain a street closure permit and/or sidewalk closure permit for the closure.

(Ord. No. 2009-04(08-O-2030), § 1, 1-31-09)