Explanation
The City permits the use of certain portions of City Hall grounds for public assemblages and events. In order to ensure that this is done in a manner that allows for the exercise of First Amendment rights while protecting significant governmental interests such as the public safety and the conduct of government business, it is necessary to establish narrowly tailored and content-neutral time, place and manner restrictions. The purpose of this ordinance is to establish a process for obtaining a permit to use designated portions of City Hall grounds and the applicable time, place and manner restrictions. Particular attention has been given to draft an ordinance in light of the recent decisions of the Sixth Circuit Court of Appeals in this area.
Title
To amend Title 2 of the Columbus City Codes, 1959, by enacting new Chapter 227, which provides for the public use of City Hall grounds.
Body
WHEREAS, access to public fora is essential to allow and promote a free, democratic society through the exercise of First Amendment rights; and,
WHEREAS, in order to provide for the public use of City Hall grounds it is necessary to establish a process and guidelines to facilitate that use in a safe, secure, orderly and fair manner that is consistent with the First Amendment;
WHEREAS, the Sixth Circuit Court of Appeals' decisions in Spingola v. Village of Granville, 2002 WL 1491874 (July 11, 2002) and Parks v. Finan, --F.3d--, 2004 WL 2169413 (Sept. 29, 2004), have provided guidance on what type of time, place and manner restrictions comport with the First Amendment, now therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That Columbus City Codes Chapter 227, entitled "Public Use of City Hall Grounds," be and hereby is enacted as follows:
Chapter 227 Public Use of City Hall Grounds
Section 227.01 Definitions
As used in Chapter 227 of the Columbus City Codes:
A. "City Hall" shall mean the building located at 90 West Broad Street, Columbus, Ohio 43215, which encompasses all enclosed areas including the basement parking facility.
B. "City Hall grounds" shall mean the property surrounding City Hall, excluding the public sidewalk abutting the street, bounded on the west by Marconi Boulevard, on the south by West Broad Street, on the east by North Front Street and on the north by West Gay Street.
C. "City Hall lawn" shall mean that portion of the City Hall grounds that is planted with grass, shrubs, flowers, trees and any other plant life.
D. "City Hall lower patio south" shall mean that portion of the City Hall grounds named Portman Plaza, which is on the south side of City Hall, that is hard-surfaced and that is below the thirteen steps that lead to the upper patio south that borders City Hall.
E. "City Hall upper patio south" shall mean that portion of the City Hall grounds that is that portion of the City Hall grounds that is on the south side of City Hall, that is hard-surfaced and that is above the City Hall lower patio south.
F. "City Hall patio east" shall mean that hard-surfaced portion of the City Hall grounds that is on the east side of City Hall.
G. "City Hall lower patio north" shall mean that hard-surfaced portion of the City Hall grounds that is on the north side of City Hall and that is separated into two parts by the driveways that lead into the City Hall's underground parking garage.
H. "City Hall upper patio north" shall mean that hard-surfaced portion of the City Hall grounds that is on the north side of City Hall and that is above the City Hall lower patio north.
I. The term "permit holder" shall mean the individual, group or organization to which a permit for use of the City Hall grounds is issued.
J. The "primary use" of the City Hall shall be for the conduct of the business of the government of the City of Columbus, Ohio.
K. The "primary use" of the City Hall grounds shall be for facilitating the egress and ingress of persons having employment and business in and throughout City Hall.
L. "Managing Authority" means the director of the Department of Public Service or his or her designee.
M. "Chief of Police" means the chief of the Division of Police or his or her designee.
Section 227.02 Rules for public use of City Hall grounds
A. The rules for public use provided in this section shall be applicable to all individuals and groups using City Hall grounds for any event or activity that is not conducted or sponsored by the City of Columbus.
B. No use of City Hall grounds shall be permitted if such use:
1) unreasonably interferes with the primary use of the City Hall or City Hall grounds; or,
2) creates or causes a hazard to the safety of the public or City employees.
C. The use of City Hall grounds shall not be permitted for any activity conducted purely for profit or any activity in violation of city, state or federal laws, rules or regulations.
D. There shall be equal access for all individuals and organizations in the use of City Hall grounds regardless of race, religion, color, national origin, gender, sexual orientation, age or handicap.
E. Designated areas of City Hall grounds shall be available for use on any day of the week between the hours of 8:00 a.m. to 9:00 p.m.
F. There shall be no camping on City Hall grounds.
G. Only those signs, banners and flags being carried by individual persons may be used on City Hall grounds. No signs, banners or flags on sticks, poles or stakes and no unattended free-standing signs, banners or flags shall be permitted.
H. Nothing may be hung from or connected to any City property such as City Hall, hand rails, planters, trees, statues or flag poles.
I. The use of shelter tents, chairs and tables are permitted on City Hall grounds, but they must be removed from the grounds between the hours of 9:00 p.m. and 8:00 a.m.
J. No personal property used for an event or activity, to include shelter tents, chairs and tables, may remain on City Hall grounds unattended, and in no case may remain on City Hall grounds between the hours of 9:00 p.m. and 8:00 a.m.
K. No food or beverages or merchandise shall be sold or dispensed on City Hall grounds without the express permission of the Managing Authority.
L. No animals or pets of any kind shall be permitted on City Hall grounds except guide dogs used by blind persons or by individuals with handicaps, unless express permission is granted by the Managing Authority.
M. No alcoholic beverages shall be possessed or consumed on City Hall grounds unless authorized by the Ohio Department of Commerce, Division of Liquor Control.
N. No flag other than the flag of the United States of America or its military services, the flag of this or any other state, county, or municipality of the United States of America, may be flown on City Hall grounds on flag poles controlled by the City unless express permission is granted by the Managing Authority.
O. No contributions shall be solicited, nor shall any merchandise or service be sold, or sale solicited, on City Hall grounds without the express permission of the Managing Authority.
P. The Managing Authority or the Chief of Police shall have the authority to order any individual or group violating any of the rules for use provided in this section to leave City Hall grounds without delay. This authority shall be in addition to any other remedy otherwise provided by law.
227.03 Requirements and application procedure for permit to use City Hall grounds.
A. No assemblage of multiple persons, or activity designed or likely to cause an assemblage of multiple persons, shall be conducted upon City Hall grounds unless the assemblage or activity is conducted or sponsored by the City of Columbus or unless the individual or group conducting or sponsoring the assemblage or activity has obtained a permit from the Managing Authority as provided in this section.
B. A request for a permit to use City Hall grounds shall be submitted in writing to the Management Authority, on an application form prepared by the Managing Authority, no less than fifteen (15) days and no more than one hundred eighty (180) days prior to the event. For good cause shown, requests may be submitted within less than fifteen (15) days before the event. The information required on the application form shall include:
1) The name of the applicant;
2) The date, time duration and nature of the proposed event;
3) The specific requested location on the City Hall grounds for the event;
4) A statement of equipment to be used;
5) The approximate number of persons expected to attend;
6) The name, address, telephone number, email address (if available) of the individual or organization primarily responsible for organizing the event; and
7) A list of any other permits or licenses related to the event that have been applied for or obtained from the City or any other governmental entity.
C. The Managing Authority shall, without unreasonable delay, act upon a completed application. If the request is denied, the Managing Authority shall promptly notify the applicant in writing of the reason for the denial. A permit may be denied or canceled if:
1) the use would unreasonably interfere with the primary use of the City Hall or City Hall grounds;
2) the use would create or cause a hazard to the safety of the public or City employees; or,
3) the applicant has not complied with the required application process or has provided information in the application that is false, misleading or incomplete in any material detail.
D. The Managing Authority shall immediately notify the Chief of Police in writing when a permit is issued, denied or canceled, which notification shall include a copy of the subject application.
E. Should two or more requests for use of City Hall grounds by made for the same time and same space, the Managing Authority shall schedule the use on a first come, first serve basis, unless the events reasonably allow multiple occupancy of the requested area.
F. The Managing Authority may limit the approved use of City Hall grounds at any time due to unforeseen operational circumstances, but shall make every reasonable effort to alleviate the effects of any such limitation.
G. The Managing Authority shall collect a nominal fee of twenty dollars ($20.00) to cover the administrative cost of issuing a permit. The fee may be waived by the Managing Authority for good cause shown.
H. The issuance of a permit by the Managing Authority for use of City Hall grounds shall not imply endorsement or approval by the City of the actions, objectives, or views of the permit holder.
I. The permit holder shall be responsible for compliance with the general use rules provided in Section 227.02 as well as the additional rules applicable to permit holders provided in this section.
J. The lawn area of the grounds of City Hall may not be used by a permit holder as part of the permit holder's event. Only those portions of the hard-surfaced patio areas designated by the Managing Authority may be used, and those areas may only be used in such a manner that does not obstruct the movement of persons into and out of City Hall. For safety reasons, steps may be used only for their intended purpose of moving persons from one level to another level.
K. The area of the City Hall grounds that the permit holder seeks to use must be clearly defined in the permit application. The permit holder shall not be entitled to occupy the entire City Hall grounds. The Managing Authority shall determine what portion of the City Hall grounds a permit applicant will be authorized to occupy.
L. No permit shall be issued for a period longer than 72 hours, and no back-to-back permits shall be authorized.
M. No City equipment or utilities shall be made available to be used by a permit holder who is conducting a non-City government event.
N. The permit holder may use a sound amplification system only on the City Hall grounds lower patio south and only so long as the sound projected by the system does not rise to a level to cause a violation of Columbus City Code section 2329.11 (C) (1). It shall be a prima facie violation of such section if the sound can be heard more than 100 feet beyond the lower patio south and at least one complaint is received by the Managing Authority from persons who are conducting business between the hours of 8:00 a.m. and 5:00 p.m. while the event's sound amplification system is being used.
O. The permit holder shall maintain the City Hall grounds in a responsible manner during the term of the permit, keeping them clean and free of debris. The permit holder shall be responsible for any actual costs or damages incurred by the Managing Authority as a result of the use of City Hall grounds, including but not limited to, reimbursement, at the employees' regular hourly rates, for time spent by City employees removing debris or repairing damage resulting from the event.
P. The Managing Authority or the Chief of Police shall have the authority to order any permit holder, individual, or group violating the permit requirement or any of the rules for use provided in this section to leave City Hall grounds without delay. This authority shall be in addition to any other remedy otherwise provided by law, including but not limited to, the authority provided in Section 227.02(P).
227.04 Severability.
If any provision of this chapter is held to be unconstitutional or otherwise invalid by a court of competent jurisdiction, the remaining provisions of this chapter shall not be invalidated.
Section 2. That this ordinance shall take effect at the earliest possible date allowed by law.