(a)   Purpose. The purpose of this article is to promote and regulate the use of public spaces and facilities within the City of Perry and any other public space or facility owned by the City of Perry, consistent with the dedicated uses and maintenance of such public properties, the preservation of public safety, lawful commerce, and rights of access and traverse in preservation of natural and historic environments, and the protection of the well-being, peace, privacy, and good order necessary to the free enjoyment by citizens of the rights to private property and personal pursuits. Furthermore, it is the specific intent of the City of Perry in enacting this article, to regulate only the time, place, and manner of events and not the content or message of any speech or expressive conduct.

(b)   Application Process. When 50 or more persons wish to gather on public property an application must be made with the City Clerk. The application shall include at a minimum: The name, address and date of birth of the Applicant. If the Applicant is an association of persons in fact or in law, the application shall contain a description of the entity; the name of said entity, if named; the registered or recognized address of the entity, if any; the name of the person making the application on behalf of or as a representative of said entity; such person’s relationship to said entity; and some demonstration or recitation of the authority of the person making the application to act on behalf of the entity. The application shall further provide a plan for review by the City Council and Chief of Police, which will include:

(1)   The anticipated number of persons participating in the event;

(2)   The date or dates of the event;

(3)   The hours of each day the event will be conducted;

(4)   The exact location of said event, or, if the event is processional or mobile, the route of the event;

(5)   Whether sound amplification equipment will be employed;

(6)   Whether artificial light will be employed;

(7)   Whether temporary static structures will be employed;

(8)   A description of the anticipated need for safety, police, medical, sanitation, and other required personnel and equipment.

(c)   Review by the City Council and Chief of Police

(1)   All public parades, gatherings, picketing and demonstrations in excess of 50 people that take place on City of Perry property shall be by permit only.

(2)   The City of Perry City Council will have the ultimate responsibility to accept or deny permits for conduct in public spaces and facilities (hereinafter referred to as the “event”) in the City of Perry or any owned or controlled property of the City of Perry.

(3)   The Chief of Police will have the final determination for the amount of the cash bond necessary to cover the cost of law enforcement personnel; fire safety; and EMS services necessary to assure for a peaceful event and to provide for the safety of the citizens of the City of Perry.

(4)   Due to the limited number of combined law enforcement availability, no two public assemblies may take place in the same locale on the same day. The first organizer to apply for such permit will have priority over any subsequent application unless such application is scheduled on a date recognized as being a date of a continuing or annual event.

(5)   Within ten (10) working days of the receipt of a fully completed, executed, and filed application, the City Council shall review the application in light of all of the contents thereof and the goals, intentions, and presumptions of this article as set out hereinbefore, and render a decision and communicate same to Applicant, either permitting the event as planned or denying a permit for same. If the permit is denied, the Council shall provide the Applicant in writing a statement of the reasons therefore. (First class mail to the address provided by Applicant, postmarked no more than ten (10) working days after receipt of the fully completed, executed, and filed application, shall be sufficient for this purpose, though not the exclusive means of notice.)

(6)   Nothing in this process shall prevent the Council, at their sole option and within the ten (10) working day period for approval or denial, to confer with Applicant with respect to modifications of Applicant’s plan for the event, and amend the application to reflect such modifications if agreed to by Applicant. However, Applicant may neither supplement nor amend its application within said ten (10) working day period except at the invitation of the Council. Any attempt to do so sua sponte shall be deemed a separate and new application.

(7)   The Council may deny the application for permit upon any of the following reasons or combination of reasons:

(A)  The application does not contain all required information or materials, or the information set out in the application is so incomplete, vague, or ambiguous as to prevent full and proper review by the Council;

(B)  The application contains material omissions, falsehoods, or misrepresentations;

(C)  The Applicant, or entity represented by Applicant, is incompetent to contract, sue, or be sued;

(D)  The person applying lacks authority to represent the entity for which the application is made;

(E)   The Applicant or entity represented by Applicant has on prior occasions damaged public property, or has not paid in full for such damages, or is in arrears as to any judgment civil, criminal, or administrative rendered against the Applicant or entity, or is in violation of any injunction or restraining order entered against the Applicant or entity, whether under the same name or another;

(F)   The Applicant or entity represented by Applicant has on prior occasions violated permitting ordinances in connection with events of a substantially similar nature;

(Ord. 813; Code 2026)