§ 142-82. Overview of assembly requirements.

(a)

The assembly ordinance applies to outdoor events occurring at least in part on public property.

(b)

Any person, organization, corporation or other group wishing to have an assembly must obtain an assembly permit. No person shall engage in, participate in, aid, form or start any assembly, unless an assembly permit has been obtained from the city.

(c)

The procedure for obtaining an assembly permit is as follows:

(1)

Unless the assembly is associated with an outdoor festival as described in section 142-81(c)(1), the applicant shall submit all required documents and fees to the SEM no fewer than 30 days prior to the assembly, including but not limited to an assembly application, any necessary sub-permit applications, and a map showing in detail the route to be traveled and the portions of streets, sidewalks and/or parks to be closed.

(A)

In the event that a sub-permit application has a deadline greater than 30 days, the applicant shall abide by the requirements of the sub-permit, as set forth in Article IV above.

(B)

Where the assembly is a discreet portion of an outdoor festival, as described in section 142-81(c)(1), the assembly application must be filed simultaneously with the outdoor festival application.

(C)

There shall be no exceptions to the time deadlines set forth above, unless the timing of the assembly is based upon the occurrence of an identifiable event or decision, the date of which could not have been predicted with certainty, including but not limited to an announcement regarding a military action, an announcement of a court decision, or a death. If the assembly occurs within one week of the identifiable event, the 30-day requirement for filing the application shall be waived.

(i)

The host or organizer of such an assembly shall file an assembly application with the SEM via hand delivery or email as quickly as possible. The application shall be considered as set forth in section 142-83.

(ii)

This waiver shall not apply to sub-permit applications except for an emergency services sub-permit, an amplification sub-permit, and a banner sub-permit.

(2)

The applicant must meet all other requirements set forth in sections I through V of this chapter.

(3)

The assembly application shall be accompanied by the appropriate application fee. For assemblies with an anticipated attendance of below 10,000 attendees, the application fee shall be $50.00. Assemblies with an anticipated attendance of 10,000 people or more shall have an application fee of $100.00. For purposes of this subsection, attendance shall be determined based upon the anticipated number of participants plus spectators, but in no event shall attendance be calculated based upon the anticipated number of counter-demonstrators.

(4)

The assembly application shall be accompanied by a $100.00 refundable sanitation bond, or a sanitation bond of greater value as set forth in subsection 142-22(f)(3)(A). The sanitation bond requirement may be waived if the Host has performed or held an Assembly at least once during the past three consecutive years and completed all clean-up and cooperated fully with the city during each of these events.

(d)

Assembly permits include the right to vend, and the applicant need not obtain a separate vending permit for activity occurring during the time that the assembly permit is in effect.

(Ord. No. 2009-04(08-O-2030), § 1, 1-31-09; Ord. No. 2009-33(09-O-0805), § 8, 6-23-09)