CHAPTER 97
PARKS AND RECREATION
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97.01 Definitions 97.02 Participating in games of athletic or sporting nature 97.03 Loitering in prohibited areas 97.04 Consuming intoxicating liquors within park 97.20 Definition 97.21 Permit required |
97.22 Application for permit; contents 97.23 Issuance 97.24 Filing precedence; conflicts as to time and place 97.25 Permit fee and costs 97.26 Hours permitted 97.27 Size limitation
97.99 Penalty |
§ 97.01 DEFINITIONS.
For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PERSON. Any person, firm, partnership, association, corporation, company, or organization of any kind.
PROHIBITED AREAS. The concrete coping (restraining wall), which surrounds the perimeter of the park area, and the area inside the brick walls of the water fountain located in the center of the park.
REMAIN. As used in § 97.03 shall include sitting, lying, standing, or lounging idly about, but shall not include passage through the area specified.
WASHINGTON SQUARE PARK. All real property maintained by the city, consisting of .03 acres designated as a park within and including the concrete restraining walls separating the park area from the highway surrounding it, located in Washington Square.
§ 97.02 PARTICIPATING IN GAMES OF ATHLETIC OR SPORTING NATURE.
No person shall at any time play football, frisbee, baseball, or any other games of an athletic or sporting nature within Washington Square Park. Penalty, see § 97.99
§ 97.03 LOITERING IN PROHIBITED AREAS.
No person shall, at any time, sit, stand, lounge upon, or otherwise
occupy any prohibited area as defined in § 97.01.
Penalty, see § 97.99
§ 97.04 CONSUMING INTOXICATING LIQUORS WITHIN PARK
No person shall, at any time, consume any intoxicating liquors or malt or vinaceous liquors within Washington Square Park. Penalty, see § 97.99
§ 97.20 DEFINITION.
For the purpose of this subchapter the following definition shall apply unless the context clearly indicates or requires a different meaning.
OPEN AIR MEETING. Any congregation of citizens held in Washington Square Park for the purpose of hearing speakers, of conducting musical productions, carrying on business or other commercial purposes, or discussing some matter of common interest where the number of participants expected may reasonably be assumed not to exceed 50.
§ 97.21 PERMIT REQUIRED.
No person shall participate in any open air meeting held in Washington Square Park unless a written permit thereof shall first be obtained from the Chief of Police. Penalty, see § 97.99
§ 97.22 APPLICATION FOR PERMIT; CONTENTS.
An application to conduct an open air meeting shall be made in writing to the Chief of Police at least seventy two (72) hours prior to the event, by a representative of the group seeking the permit, and shall set forth the following information:
The name, address, and telephone number of the person seeking to conduct such an open air meeting;
If the open air meeting is proposed to be conducted for, on behalf of, or by an organization, the name, address, and telephone number of the headquarters of the organization;
The name, address, and telephone number of the person who will be the chairperson of the open air meeting;
The date when the open air meeting is to be conducted;
The location of speakers and platforms;
The approximate number of persons who, and animals and vehicles which, will constitute the open air meeting;
The type of animals, and description of the vehicles; and
The hours when such open air meeting will start and terminate.
§ 97.23 ISSUANCE.
Following receipt of an application or reapplication, the Chief of Police or his designee shall either, within twenty four (24) hours, issue a permit for the holding of an open air meeting or reject the application. Permits may be rejected on the basis of improper or incomplete application and, reasons for rejection shall be made known to the applicant, in writing, at the time of the rejection. The applicant shall be allowed to correct or complete the improper application and resubmit it to the Chief of Police, the original seventy two (72) hour required advance notification time being still valid if a corrected application is resubmitted within twenty four (24) hours prior to the time of the event. If a corrected application is not received by the Chief of Police within forty eight (48) hours prior to the time of the event, a new period of forty eight (48) hours will be imposed prior to which the event may not be held. The forty eight (48) hour period shall commence upon the receipt of the corrected application.
Each permit shall be issued for a time period certain.
All permits shall be issued on a first-come, first served basis.
§ 97.24 FILING PRECEDENCE; CONFLICTS AS TO TIME AND PLACE.
If the Chief of Police shall receive more than one application for an open air meeting at the same time, or on the same day, the application filed first in time shall take precedence. An application shall be considered to be at the same time if the event is scheduled to commence within two hours before or after the holding of another event. If the Chief of Police receives an application for more than one open air meeting in Washington Square Park on a single day, he may set a time for the duration of each open air meeting which time shall not, without the consent of the group seeking the permit, be less than three hours.
§ 97.25 PERMIT FEE AND COSTS.
The Chief of Police is authorized to impose a reasonable fee for each of the following upon the individual or group conducting the open air meeting at Washington Square Park:
For the issuance of a permit;
For the costs of traffic control necessitated by the open air meeting at Washington Square Park; and
For the costs of clean-up of Washington Square Park and any damage done thereto.
The Chief of Police may require the individual or group conducting the open air meeting at Washington Square Park to deposit with the Chief of Police an amount of money equal to the estimated reasonable costs of traffic control and the estimated reasonable costs of clean-up of Washington Square Park. This deposit will be used to pay the actual costs of traffic-control and clean-up of Washington Square Park.
Any unused portion of the deposit will be returned to the individual or group conducting the open air meeting at Washington Square Park, less any damage done to the facilities, appurtenances, fixtures, or property at Washington Square Park.
§ 97.26 HOURS PERMITTED.
All open air meetings shall be conducted between the hours of 8:00 a.m. and 12:00 p.m. on Monday through Saturday and not before noon on Sundays. Penalty, see § 97.99
§ 97.27 SIZE LIMITATION.
Open air meetings at Washington Square Park shall be limited to such numbers as will not obstruct traffic either vehicular or pedestrian, in an unreasonable manner; and in any event, no such open air meeting shall consist of more than fifty (50) participants, not to include spectators. Penalty, see § 97.99
§ 97.99 PENALTY.
Whoever violates any provisions of §§ 97.01 through 97.04 shall be fined not less than twenty five dollars ($25.00) nor more than one hundred dollars ($100.00). Each day's violation shall constitute a separate offense. (Ord. 1276, passed 6-4-79)
Any person who violates any portion of §§ 97.20 through 97.27 shall be fined not to exceed five hundred dollars ($500.00) for each offense. The violation of §§ 97.20 through 97.27 is declared to be a public nuisance, to be abated in the manner provided for by law.