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07/27/1981 Meeting
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07/27/1981 Meeting
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City Council Minutes
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7/27/1981
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<br /> . <br />2. Section 5.505(3)--Basis for Permit Denial: Currently the ordinance <br /> groups together reasons for permit denial with criteria used for . <br /> proposing an alternate route and the proposed revision would separately <br /> list the reasons for denial of a parade permit from the reasons for <br /> route or day change. It would exclude any gatherings that are on <br /> sidewalks only with participants obeying traffic signals. <br /> a. Permit Denial: The ordinance now allows denial of a parade permit' <br /> if lithe parade is likely to incite violencell and this factor is <br /> being refined to remove the possibility of denial because of <br /> hostile spectators and instead will use the following criteria: <br /> 1) whether reliable information shows that the organizers or <br /> parade participants have a specific intent to cause violence <br /> during the course of the parade and the Police Chief must give <br /> reasons and within three days of the denial the applicant can <br /> appeal to the council; 2) whether reliable information indicates <br /> that parade participants will be carrying weapons during the <br /> parade; or 3) whether recent parades involving the same partici- <br /> pants or organizers have resulted in personal 'injury or property <br /> damage caused by those participants so that it is reasonable to <br /> conclude that the probability of violence during the parade . <br /> under review is extremely high. <br />3. Section 5.520--Revocation of Permits: The criteria for revocation of <br /> an issued permit would be narrowed to allow revocation only if: <br /> a) an imminent threat of violence and personal injury to the parade <br /> participants exists; and b) all reasonable efforts to protect the . <br /> parade participants have failed; and c) a request to disband the <br /> parade to the parade organizers has been refused; or d) actual violence <br /> has been caused by the parade participants; or e) there is significant <br /> deviation from the route designated in the application or assembly at <br /> points not shown in the application or without consent of the police <br /> officer in charge of parade escort. The applicant can appeal the <br /> process to either the councilor a subcomnittee of the council. <br />Mr. Sercombe continued to state that Administrative Rule 2(b)--Hold-Harmless <br />Agreements: Administrative Rules require that hold-harmless agreements by <br />indigents are required indemnifying the City from lIall liability resulting from <br />the parade.1I The redrafted language would require the parade organizers to <br />indemnify the City in any litigation in which the City is sued solely because of <br />the negligence of the parade organizers which would educate the organizers of <br />their legal duties and require the organizers to superviS8 the parade and be <br />accountable for any negligence in failure to supervise. However, they cannot be <br />required to share the burden of any City-caused negligence. Administrat ive <br />Rule 4--Higher Insurance: Criteria for higher insurance requirements are now <br />identified and are similar to those used to waive insurance requirements under <br />Administrative Rule 5. <br />Mr. Serco~be said some additional concerns have been raised but are not treated <br />in the proposed revisions. Staff recornmend,s the ordinance dnd administrat ive <br />rules be adopted; <br /> . <br />~INUTES--Eugene City Council July 27, 1981 Page 2 <br />
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