§ 18A.11. Application for Outdoor Public Assembly Permit.

Any person seeking the issuance of an outdoor public assembly permit shall file an application with the Chief of Police on forms provided by the Chief of Police.

(1)

Filing Period.

(a)

For single, non-recurring outdoor public assemblies, an application for a permit shall be filed with the Chief of Police not more than one hundred eighty (180) days before, and not less than sixty (60) calendar days before, the date and time at which it is proposed to commence the assembly; provided, however, that the Chief of Police shall waive the minimum sixty (60) day filing period and accept an application filed within a shorter period if after due consideration of the date, time, place, and nature of the assembly, the anticipated number of participants, and the necessity for an amount of City services which will be required in connection therewith, the Chief of Police determines that such waiver will not present a hazard to the public safety because of the reduced amount of time available within which to fully process the application. The application shall be signed by the applicant under oath.

(b)

For outdoor public assemblies which are to be held on a regular or recurring basis at the same location during a calendar year, an application for a permit covering all such assemblies during that calendar year may be filed with the Chief of Police not more than one hundred eighty (180) days before, and not less than sixty (60) days before, the date and time at which it is proposed to commence the first such assembly; provided, however, that the Chief of Police may waive the minimum sixty-day period after due consideration of the factors specified in (1)(a) above. The application shall be signed by the applicant under oath.

(2)

Contents. The application for a permit shall set forth the following information, and such other information as may from time to time reasonably be required:

(a)

The name, place of residence, mailing address and telephone number of the person seeking to conduct the assembly.

(b)

If the assembly is proposed to be conducted for, on behalf of, or by an organization, the name, address and telephone number of the headquarters of the organization and of the authorized and responsible heads of such organization.

(c)

The name, place of residence, mailing address, and telephone number of the individual person who will be the assembly chairperson and who will be responsible for the conduct of the assembly.

(d)

The date when the assembly is to be conducted.

(e)

Type of assembly including a description of the activities which will occur during the event.

(f)

The hours when such assembly will start and terminate.

(g)

A description of any and all recording equipment, sound amplification equipment, banners, signs, or other attention-getting devices which will be utilized in connection with the assembly.

(h)

The approximate number of participants, not including spectators, who will participate in the assembly.

(i)

The approximate number of spectators who will be present at or near the assembly.

(j)

If the assembly is designed to be held by, and on behalf of or for, any person other than the applicant, the applicant for such permit shall file with the Chief of Police a communication in writing from the person proposing to hold the assembly, authorizing the applicant to apply for the permit on his behalf.

(k)

The exact location of the assembly and if the assembly is a parade, the location by streets of any marshaling area or areas for such parade.

(l)

A designation of any public facilities or equipment proposed to be utilized.

(m)

If the application is for a parade, it also shall set forth the following information:

1.

The time at which units of the parade will begin to arrive at the marshaling area or areas, and the times at which all such units will be disbursed therefrom.

2.

The route to be traveled, including the starting point and the termination point.

3.

The approximate number of persons who, and animals and vehicles which, will constitute such parade, the type of animals and description of the vehicles.

4.

A statement as to whether the parade will occupy all or only a portion of the width of the streets or sidewalks to be used.

(n)

Whether alcoholic beverages will be sold or served at the event.

(3)

Fees.

(a)

A non-refundable fee to cover the administrative costs of processing the permit shall be paid to the City of Orlando by the person applying for the permit at the time of filing of the application. The permit fee shall be based upon attendance and whether alcohol is served or consumed on any street, sidewalk or right of way pursuant to the following fee schedule:

Attendance	Permit Fee
101—500 persons
No Alcohol .....	$100
Alcohol .....	$200
Over 500 persons
No Alcohol .....	$200
Alcohol .....	$500

 

(b)

If the application is for the use of any City property or if any City services shall be required for the assembly, the applicant shall pay, prior to the issuance of a permit, the charges therefor in accordance with a schedule of fees approved by City Council by resolution.

(c)

For an outdoor public assembly located within the Downtown Community Redevelopment Area, the permittee shall post a security deposit of Five Hundred Dollars ($500.00) made payable to the City of Orlando Community Redevelopment Agency (CRA) to cover the cost of repairing any damage to the hardscape, hardscape furnishings, and landscape caused by the public assembly. The deposit shall be filed with the Executive Director prior to the issuance of a permit. The CRA staff will inspect the public assembly area prior to the event and any pre-existing damage will be noted in a damage report. The CRA staff will inspect the public assembly area after the event and determine if any damage was incurred during the event, including set-up and take down. The cost of repairing or replacing any damaged items or areas shall be deducted from the security deposit, and the balance remaining, if any, shall be returned to the permittee within thirty (30) days of the date of the event. If the cost of repair or replacement exceeds the amount of the security deposit, the CRA shall invoice the permittee for the excess amount. The permittee shall pay such amount within ten (10) days of his or her receipt of the invoice, and the permit holder shall not be eligible to apply for an outdoor public assembly permit until such amount is paid in full.

(d)

The permit fee and security deposit shall be waived by the Chief Administrative Officer (CAO) if the activity proposed by the applicant involves (1) expressive speech protected by the First Amendment to the United States Constitution, (2) will occur in a public forum, (3) the fees would be so financially burdensome that it would preclude the applicant from exercising First Amendment rights, and (4) adequate alternate channels of expression are not available. Within five (5) calendar days of a written request from the applicant to waive the fees, the CAO shall render a written decision on whether the fees shall be waived and shall set forth the reasons for the decision. An applicant wishing to appeal the decision of the CAO may file a request for immediate judicial review with a court having jurisdiction thereof, or in the alternative, may file an appeal to City Council within five (5) days after receipt of the notice of denial by filing a written notice with the CAO, with a copy delivered to the City Clerk, and such appeal shall be considered at the next regularly scheduled City Council meeting. An applicant wishing to appeal the decision of City Council may file a request for immediate judicial review with a court having jurisdiction thereof.

(Ord. of 4-4-1977, § 1; Ord. of 3-24-1980, § 1; Ord. of 9-28-1981, § 4; Ord. of 12-15-1986, Doc. #20838; Ord. of 12-28-1987, Doc. #21726; Ord. of 8-28-1995, Doc. #28744; Ord. of 4-1-2002, § 9, Doc. #020401705)