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O93-21 ORDINANCE NO. ~J~/ AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGULATING PICKETING, PARADES, DEMONSTRATIONS, BLOCK PARTIES AND LARGE EVENTS IN THE CITY OF BOYNTON BEACH, FLORIDA; PROVIDING FOR DEFINITIONS; PROVIDING FOR COMPLIANCE WITH THE TERMS, CONDITIONS AND PROVISIONS OF THIS ORDINANCE; EXCEPTIONS; PROVIDING FOR TIME RESTRICTIONS; PROVIDING FOR THE CONDUCTING OF PARADES~ PICKET LINES AND GROUP DEMONSTRATIONS; PROVIDING FOR PICKETING GENERALLY; PROVIDING FOR THE PROHIBITION OF WEAPONS; PROVIDING FOR THE PROHIBITION OF INTERFERENCE; PROVIDING FOR THE IMPLEMENTATION OF RESTRICTIONS AS TO LOCATION OF PARADES, PICKETING AND GROUP DEMONSTRATIONS; PROVIDING FOR FINES AND PENALTIES; PROVIDING FOR PERMITS AND APPLICATIONS THEREFOR; PROVIDING FOR APPLICATIONS AND DOCUMENTATION AFFECTING HOLD HARMLESS/INDEMNIFICATION OF THE CITY; PROVIDING FOR THE POTENTIAL DENIAL OF THE ISSUANCE OF PERMITS AND A HEARING PROCESS; PROVIDING FOR THE REVOCATION OF PERMITS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, this City Commission has had occasion to review the status of picketing, parades, demonstrations, block parties and large events in the City of Boynton Beach, Florida; WHEREAS, under existing ordinances, the City Administration, through the Police Department, has the power to regulate access to public facilities including public rights-of-way, streets, and parks in and about the City of Boynton Beach, Florida; WHEREAS, in an effort to codify existing policies and procedures regarding picketing, parades, demonstrations, block parties and large events, this City Commission seeks to implement and to adopt this Ordinance which shall define picketing, parades, demonstrations, block parties and large events, and shall provide an equitable method of access by those persons seeking access to and use of public facilities as defined in this Ordinance; WHEREAS, this Ordinance is the culmination of public input, debate, assessment and review by the Administration and the Police Department, and is consistent with the interests of the City Commission in promoting and protecting the health, safety and welfare of ail citizens and residents of Boynton Beach, in connection with picketing, parades, demonstrations, block parties and large events; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS~' clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. Section 2. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. 2.1. Block means that portion of any street lying between its intersection with other streets. 2.2. Group demonstration means any assembly together or in concert of action between or among two (2) or more persons for the purpose of protesting any matter, making known any position or promotion of such persons, of or on behalf of any organization or class of persons, or for the purpose of attracting attention to such assembly. 2.3. Large event means large parties or gatherings of five (5) or more persons, who have assembled or are assembling for a special occasion or for a social activity. 2.4. Picket line is one (1) or more persons acting alone or formed together for the purpose of making known any position or promotion of such person, or on behalf of any organization or class of persons. 2.5. Right-of-way means land in which the state, the Florida Department of Transportation, Palm Beach County or the City of Boynton Beach owns the fee or has an easement devoted to or required for use as a transportation facility or street. 2.6. Sidewalk means that portion of the right- of-way located between the curb line on the lateral line of a street and the adjacent property line and which is intended for use by pedestrians. 2.7. Street means that portion of the right- of-way improved, designed or ordinarily used for vehicular traffic. Section 3. Compliance. It shall be unlawful to conduct any parade, picket line, group demonstration, block party or large event, except as provided in this article and subject to the request, review and issuance of a permit pursuant thereto. Section 4. Exceptions. This article shall not apply to: (1) Funeral processions; (2) Official functions conducted by the government of the City which are open to all citizens and are administered and supervised by the City. (3) Labor unions picketing in support of legitimate disputes. Section 5. Time Restrictions. Parades, picket lines and group demonstrations shall only take place between the hours of sunrise and sunset. Block parties and large events shall only take place between the hours of 8:00 A.M. and Midnight. Section 6. Conductinqparades, picket lines and group demonstrations. In the conduct of a parade, picket line or group demonstration, pedestrians shall march or demonstrate no further apart than ten (10) feet and the parade shall, except for stops necessitated by traffic congestion, keep moving at a rate of at least two (2) miles per hour. Section 7. Picketinq generally. Picket lines and picketing shall be subject to the following regulations: (1) Picketing may be conducted only on sidewalks reserved for pedestrian movement and may not be conducted on that portion of a street used primarily for motor vehicle traffic, nor may the participants block ingress or egress to public or private property. (2) Not more than ten (10) pickets promoting the same objective shall be permitted to use either of the two (2) sidewalks within a single block at any one time. (3) Pickets may carry written or printed placards or signs not exceeding two (2) feet in width and two (2) feet in length promoting the objective for which the picketing is done, provided the words used are not derogatory or defamatory in nature. Such placards or signs shall not be attached to any type of stick, bat, or other club-type object. (4) Pickets must march in single file and not abreast and not march farther than ten (10) feet from one another. (5) If pickets promoting different objectives desire to use the same sidewalk for picketing and such use would result in the presence of more than ten (10) pickets thereon, the Chief of Police shall allot time to each group of pickets for the use of such sidewalk on an equitable and rational basis. Section 8. Weapons prohibited. It shall be unlawful for any person to carry any gun, knife, blackjack, nightstick, other dangerous weapon or any instrument utilized as a weapon while participating in a parade, picket line, group demonstration, block party or large event. Section 9. Interference prohibited. It shall be unlawful for any person to obstruct or interfere with any parade, picket line, group demonstration block party or large event in the use of the public ways. Section 10. Location restrictions. The following restrictions shall pertain to the location of all parades, picketing and group demonstrations held within the City: (1) Parades, picketing and group demonstrations shall not be conducted on private property without the prior written permission of the property owner. (2) Parades, picketing and group demonstrations may be conducted at all City buildings, parks and facilities or on the streets and sidewalks of the City subject to the permitting requirements of this Ordinance. The Chief of Police or his/her designee shall determine specifically from which portion or part of the government building, facility, park, street or sidewalk the activity may be conducted. This determination shall be based on the opinion of the Chief of Police as to which is the safest location for the activity. Section 11. Fines and penalties. The penalty for any violation of this Ordinance shall be a fine not exceeding $500.00 per occurrence. Both participants in and organizers of activities which violate this ordinance may be held liable for violations. Violators shall be issued a Notice to Appear in the County Court of Palm Beach County. Section 12. Permits Required. No parade, picket line, group demonstration, block party or large event shall be conducted in or upon the public streets, sidewalks, rights-of-way, alleys, parks or other public grounds or places in the City until a permit therefor has been secured. Section 13. Permit Application; fee. (a) A person seeking issuance of a parade, picketing, group demonstration, block party or large event permit 5 shall file an application in writing with the City Manager's office. All applications for permits shall be filed with the City Manager during normal business hours and not less than seventy-two (72) hours in advance of the date on which the parade, picket line, group demonstration, block party or large event is to he held. (b) A non-refundable fee of $25.00 dollars shall accompany the permit application unless the applicant signs a form attesting to the fact that the applicant is indigent. (c) Applications for permits shall contain the following: (1) The date, hour, duration, location and route of the proposed parade, picket line, group demonstration, block party or large event; (2) The number of anticipated pedestrians or vehicles participating. (d) The application shall be executed by the sponsor or the participant who shall be in charge of the parade, picket lines, group demonstration, block party or large event and such person or his/her designee shall accompany the parade, picket line, group demonstration, block party or large event. Such person shall at all times during the activity carry the permits issued pursuant to this Ordinance. (e) The City Manager and/or the Chief of Police shall reduce the advance notice period required for the application of a permit to twenty-four (24) hours when, from a consideration of the application and from such other information as may otherwise be available, they find that: (1) Within such shortened notice period, adequate provision can be made for the safe and orderly movement of the parade, picket line, group demonstration, block party or large event, as well as vehicular and pedestrian traffic that will be affected thereby; (2) Within such shortened notice period, adequate provision can be made for any police protection which they deem necessary for the parade, picket line, group demonstration or large event, while leaving sufficient police personnel to provide protection to the remainder of the City. Section 14. Hold harmless/Indemnification Required. Upon submitting an application, as set forth above, the applicant, sponsor, and/or person responsible for the parade, picket line, group demonstration, block party or large event shall execute a hold harmless and indemnification statement provided as a part of the permit application. This statement shall be for the purpose of holding the City harmless from and indemnifying the City in any lawsuit, claim, judgment or action, including reasonable attorneys fees and costs, that may arise from the negligence or intentional acts and/or omissions of the participants or sponsors of the parade, picket line, group demonstration, block party or large event. All applicants may be required to provide proof of general liability and property damage insurance in amounts to by the City's Risk Manager, if deemed be established necessary. Section 16. Issuance or denial; hearinq. (a) The City Manager, after approval by the Chief of Police, shall issue a permit properly applied for, except as follows: (1) No permit shall be issued for a parade, picket line, group demonstration, block party or large event if it is to he held at the same time and place as that set forth in a permit issued pursuant to a written application previously received. (b) The City Manager and/or Chief of Police shall act upon the application for a parade, picket line, group demonstration, block party or large event permit within twelve (12) hours after the filing thereof. The City Manager may approve the application subject to conditions necessary to ensure the health, safety and welfare of both the participants and the non-participants of the event. If the City Manager and/or Chief of Police disapprove the application, they shall notify the applicant, stating with reasonable particularity, the reasons for their denial of the permit. (c) If an application for a permit as required in this article is denied by the City Manager or Chief of Police, the applicant may apply to the City Commission for a hearing concerning the same. At such hearing to be held within a period of not to exceed five (5) calendar days, the applicant shall have the right to demonstrate by clear and convincing evidence that the permit should have been issued. The City Manager and/or the Chief of Police shall be heard in rebuttal for the granting of the application. If, after the hearing the applicant and/or the City Manager and Chief of Police, the City Commission shall find as a fact that the proposed permit should have been granted, using the standards outlined in this article, the application shall be granted by the City Commission, otherwise, the action of the City Manager and the Chief of Police in denying the application shall be final. Section 17. Revocation. The City Manager and the Chief of Police shall revoke any permit granted pursuant to this division if the activity covered by the permit shall not be conducted as required by this article and the permit. Section 18. Codification. It is the intention of the City Council of the City of Boynton Beach, that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Boynton Beach, Florida, and that the Sections of this ordinance may be renumbered, re-lettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. Section 19. Severability. If any clause, section or other part of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way effecting the validity of the other provisions of this Ordinance. Section 20. Conflicts. That all Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith, be and the same are repealed to the extent of such conflict. Section 21. Effective Date. That this Ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING this ~ day of July, 1993. day of~z~-~ PASSED AND ADOPTED ON SECOND READING this 1993. CITY OF BOYNTON BEACH Mayor / ~ ATTE ST: City Clerk JAC/r 7/14/93,rev.7/15/93 7/16/93 / Commi s s i on~-