§ 97.109 PERMIT APPROVAL.

(A) Within two business days after the filing of an application for any group gathering other than a spontaneous demonstration, the Chief Executive Officer shall review it and either approve, conditionally approve, or deny the application. The Chief Executive Officer shall review and either approve, conditionally approve, or deny an application for a spontaneous demonstration by 5:00 p.m. of the business day immediately preceding the date of the proposed spontaneous demonstration.

(B) The Chief Executive Officer shall make his/her determination on whether to approve, conditionally approve, or deny the application on the basis of the standards set forth in this section. In making such determination, no

consideration shall be given to any message or the content of any expressive activity connected with the group gathering, the identity or associational relationships of the organizer of the group gathering or its members or affiliates, or any assumptions or predictions as to response by any spectators to any expressive activity connected with the group gathering.

(C) The Chief Executive Officer shall issue the permit unconditionally if he finds that the following criteria have been met:

(1) The proposed use of the public place is not governed by or subject to any other permit procedures or to any other applicable laws, rules, or regulations governing the use of such public place;

(2) The group gathering will not substantially interrupt public transportation or other vehicular traffic in the area of its location or constitute or create a traffic hazard;

(3) The activity to be conducted by the participants in the group gathering will not result in or lead to injury to person or property;

(4) The group gathering will not interfere with construction or development scheduled to occur at the public place on the date of the group;

(5) The group gathering will not substantially interfere with other authorized and permitted uses of the public place proposed for use;

(6) The group gathering will not unreasonably interfere with access to police or fire stations or other public safety facilities;

(7) The proposed location(s) for the group gathering can physically accommodate the number of participants expected.

(D) If the Chief Executive Officer determines that one or more of the findings required by division (C) above cannot be met, he shall determine whether the imposition of any one or more of the conditions set forth in § 97.107 on the time, place, or manner of conduct of the group gathering can cause such criteria to be met. In such case, he or she shall issue the permit subject to the applicable condition(s).

(E) The Chief Executive Officer shall deny the application if:

(1) The application contains incomplete, false or misleading information; or

(2) The applicant or the person or entity on whose behalf the application for the permit was made has on the prior occasion of a group gathering damaged city property and has not paid in full for such damage or has other outstanding and unpaid debts to the city resulting from a prior group gathering; or

(3) The Chief Executive Officer determines that one or more of the findings required by division (C) above has not been met and there is no permissible condition which may be imposed on the time, place or manner of conduct of the group gathering so as to cause the findings set forth in division (C) above to be met.

(F) The Chief Executive Officer shall give prompt notice of his or her approval, conditional approval, or denial of the application to the applicant by telephone, followed by written confirmation of the decision. Such notice shall include notice of any cost deposits required pursuant to § 97.110 and/or insurance required pursuant to § 97.111. Any decision to conditionally approve or deny an application shall be accompanied by detailed facts and reasons for such determination.

(Ord. 1266, passed 6-15-05; Am. Ord. 1267, passed 7-6-05)