Columbus, Georgia

AN ORDINANCE

NO.



An Ordinance amending Chapter 17B entitled ?Public Demonstrations? so as to

incorporate the state law definition of a funeral procession; to add a new

Article III that requires a permit application in order to obtain a permit from

the chief of police for picketing, public demonstrations or festivals involving

more than 15 persons on public right-of-way; to require liability insurance for

events having a projected attendance of 10,000 persons or more; and for other

purposes.



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THE COUNCIL OF COLUMBUS, GEORGIA HEREBY ORDAINS:



SECTION 1.



Columbus Code Section 17B-19(1) is hereby amended by adding the following

language to subsection (1) so that subsection (1) reads as follows:



"(1) Funeral processions as defined by O.C.G.A. ? 40-6-76, as amended.?



SECTION 2.



Columbus Code Section 17B-11, Subsection (a) is hereby deleted and new

subsections (a) and (l) are hereby inserted to read as follows:

?Sec. 17B-11. Demonstrations and Festivals involving more than fifteen persons.



(a) No person shall engage in, participate in, aid, form, or start any

picketing or demonstration or festival involving more than 15 persons unless a

permit shall have been obtained from the chief of police or his designee.

Application for a permit for any picketing or demonstration or festival must be

made as set forth in this Chapter.



(l) All applicants for permits for any picketing or demonstration or festival

involving more than 15 persons shall comply with all provisions of this Article

and Article III of this Chapter."



SECTION 3.



Chapter 17B is hereby amended by adding a new Article III to read as follows:



"Section 17B-39 Application to Parades, Festivals and Demonstrations.



This Article applies to both demonstrations or festivals of over fifteen people

as set forth in Sec. 17B-11 and to parades as defined in Sec. 17B-18(c). The

requirements of this article are in addition to those requirements contained in

Article I and II of this Chapter.



Section 17B-40 Non-Discrimination.



No consideration may be given to the message of the event, nor to the content

of speech, nor to the identity or associational relationships of the applicant,

nor to any assumptions or predictions as to the amount of hostility which may

be aroused in the public by the content of speech or message conveyed by the

proposed event.



Section 17B-41 Insurance.

The chief of police shall require that all proposed activities having a

projected attendance of 10,000 persons or more (or actual attendance of 10,000

persons or more at an event held in the 24-month period immediately preceding

the application) furnish a fully paid public liability damage insurance policy

procured from a company licensed to do business in Georgia. This policy must

protect the city, its officers, agents, the proposed event and its contractors

from any and all claims, damages to property and or bodily injury which may

result from or in connection with any of the operations carried on by the

presenter of the proposed event and list the city as an additional named

insured. The chief of police must receive a copy of the certificate of

insurance no later than two weeks prior to the date of the proposed event.

Insurance limit requirements are as follows:



$1,000,000.00 bodily injury total;

$500,000.00 bodily injury to any one person;

$1,000,000.00 property damage.



Section 17B-42 Basis for Denial of Permit.



To the extent permitted by law, the Chief of Police may deny an application for

a permit if the applicant or the person on whose behalf the application for

permit was made has on prior occasions made material misrepresentations

regarding the nature or scope of an event or activity previously permitted or

has violated the terms of prior permits issued to or on behalf of the

applicant. The Chief of Police, in granting or modifying the permit shall not

give any consideration to the message of the proposed event, nor to the content

of speech, nor to the identity or associational relationships of the applicant,

nor to any assumptions or predictions as to the amount of hostility which may

be aroused in the public by the content of speech or message conveyed by the

proposed event.



The Chief of Police may also deny an application for a permit on any of the

following grounds:



(a) The application for a permit (including any required attachments and

submissions) is not fully completed and executed;



(b) The applicant has not tendered the required application fee with the

application or has not tendered the required insurance certificate, or

sanitation deposit within the times prescribed;



(c) The application for a permit contains a material falsehood or

misrepresentation;



(d) The applicant is legally incompetent to contract or to sue and be sued;



(e) A fully executed prior application for permit for the same time and place

has been received, and a permit has been or will be granted to a prior

applicant authorizing uses or activities which do not reasonably permit

multiple occupancy;



(f) The use or activity intended by the applicant would conflict with

previously planned programs organized and conducted by the City and previously

scheduled for the same time and place;



(g) The conduct of the event will require the diversion of so great a number of

City police officers to properly police the line of movement and the areas

contiguous thereto as to prevent normal police protection of the City;



(h) The concentration of persons, animals, and vehicles at the event will

unduly interfere with proper fire and police protection of, or ambulance

service to, areas contiguous to the areas surrounding the event;



(i) The use or activity intended by the applicant would present an unreasonable

danger to the health or safety of the applicant, of City employees or of the

public;



(j) The applicant has not complied or cannot comply with applicable licensure

requirements, ordinances or regulations of the City concerning the sale or

offering for sale of any goods or services;



(k) The use or activity intended by the applicant is prohibited by law, by this

Code and ordinances of the City:



(l) The applicant has failed to complete payment of any sums required for a

previously permitted event;



(m) The applicant has failed to substantially perform a cleanup plan that was

made a condition of a previous permit; provided, the Chief of Police may not

require the payment of arrears for previous activities or the restitution of

damages from previous activities, as otherwise set forth in this section,

unless the Chief of Police or his designee had mailed or delivered to the

applicant a demand for such payment or restitution within 60 days after the

ending date of such previous permitted event;



(n) The applicant plans to erect or place any structure, whether permanent or

temporary, on a City street, sidewalk, or right-of-way but has not obtained

advance approval from the City Manager;



(o) The applicant plans to conduct the event in or adjacent to any areas zoned

as residential, R-1 through R-4, between the times of 10:00 p.m. through 8:00

a.m., as this Ordinance contemplates a group in excess of fifteen persons and

the City wishes to insure the tranquil enjoyment of the home.?











SECTION 4.



All ordinances or parts of ordinances in conflict with this ordinance

are hereby repealed.



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Introduced at a regular meeting of the Council of Columbus, Georgia held on the

______ day of ________, 2003; introduced a second time at a regular meeting of

said Council held on the ______ day of ________, 2003, and adopted at said

meeting by the affirmative vote of ________ members of said Council.













Councilor Allen voting ____________.

Councilor Anthony voting __________.

Councilor Davis voting ____________.

Councilor Henderson voting ________.

Councilor Hunter voting ___________.

Councilor McDaniel voting _________.

Councilor Pugh voting _____________.

Councilor Rodgers voting __________.

Councilor Suber voting ____________.

Councilor Woodson voting __________.













______________________________ ______________________________

Tiny B. Washington Robert S. Poydasheff

Clerk Mayor