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ORD 2025-09 Parade and Demonstration AdoptedORDINANCE NO. 2025-09 AMENDING ARTICLE VI, DIVISION 2/DEMONSTRATIONS AND PARADES/OF THE MUNICIPAL CODE FOR THE CITY OF NORTH AUGUSTA SECTION 16-100 THROUGH 16-105. SPECIFICALLY, THE AMENDMENT TRANSFERS THE AUTHORITY FOR THE ISSUANCE OF PERMITS RELATED TO DEMONSTRATIONS AND PARADES FROM THE CITY COUNCIL TO THE CITY ADMINISTRATOR OR ASSISTANT CITY ADMINISTRATOR WHEREAS, The referred to Code Section provides for the requirement and procedure for permits in order to lawfully hold certain demonstrations and parades; and WHEREAS, The Code as now written provides for the Council to have the authority to consider and grant permits as required; and WHEREAS, The Council has determined that this authority is essentially an administrative matter and can be more efficiently and timely exercised by the City Administrator or Assistant City Administrator as opposed to the Council; and WHEREAS, Proper response related to such request for permits many times cannot Timely be completed utilizing the City Council meeting schedule; and WHEREAS, As a result of the above, the Council has determined that it would be appropriate to amend the City Code to allow for the permitting to be done by the City Administrator and/or Assistant City Administrator. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of North Augusta, South Carolina, in meeting duly assembled and by the authority thereof, that: 1. Article 6, Division 2 Section 16-100 through 16-105 are amended by substituting within such Sections the City Administrator or Assistant City Administrator for the City Council throughout such Ordinance Sections. 2. That the referred to Ordinance Sections when amended would read as follows: 3. Sec. 16-100. - Findings of necessity. The Council finds that it is necessary for the preservation of public health, welfare and safety, for the maintenance of the public peace, and for the orderly and convenient movement of traffic and the prevention of traffic congestion to prohibit parades and demonstrations within the city except by authority of permits granted by the City Administrator or Assistant City Administrator, and to regulate the issuance of such permits. Sec. 16-101. – Permit required. It should be unlawful for any person to organize or participate in any demonstration or parade upon or in any street, sidewalk or public place in the city without authority of a permit so to do having first been issued by the City Administrator or Assistant City Administrator as provided in the division. Sec. 16-102.- Application for permit. Any person or group of persons desiring to promote, organize, direct or lead any parade or demonstration upon the sidewalks, streets, thoroughfares or other public ways or places of the city shall, at least fifteen (15) days prior to the date of any such parade or demonstration, file an application with the city clerk requesting a permit to conduct, promote or engage in such parade or demonstration; and in such application shall be set forth: (1) The date and hour of the parade or demonstration, and the expected duration thereof; (2) The sidewalk, streets, thoroughfares or other public ways or places of the city over and upon which the parade or demonstration is to take place; (3) Whether the parade or demonstration is to be conducted on foot or with animals or vehicles, or any combination thereof, and giving the numbers of each; (4) The name and address of the person who shall be in charge of such parade or demonstration, and who shall be responsible for the conduct thereof and for the compliance with all applicable provisions of state law, this Code and other Ordinances by participants in such parade or demonstration; (5) Such other information as may be required by the City Administrator or Assistant City Administrator. Sec. 16-103.- Consideration of application; granting or denial of permit. Upon the filing of an application for a parade or demonstration permit with the city clerk, the city clerk shall transmit it to the City Administrator or Assistant City Administrator for consideration and action thereon. The City Administrator or Assistant City Administrator shall, within ten (10) days after filing with the city clerk consider it and take action thereon, If the City Administrator or Assistant City Administrator finds as a fact that the parade or demonstration applied for, at the time and upon the streets or other public ways or places as set forth in the application, is not detrimental to the health, safety, welfare or convenience of the inhabitants of the city or others making use of such streets, ways and places, a permit therefore shall be granted. If the City Administrator or Assistant City Administrator finds as a fact that the parade or demonstration applied for in the application is detrimental to the health, safety, welfare or convenience of the of the inhabitants of the city or other persons making use of the streets, sidewalks or public places at the time, the application shall be denied. Sec. 16-104. – Authority to require posting of bond. Prior to the granting of a permit pursuant to this division, and as a condition precedent to the granting of such permit, the City Administrator or Assistant City Administrator may require that the person named in the application as the one to be responsible for the conduct of the parade or demonstration shall give bond to the city, in such amount and with such surety as the City Administrator or Assistant City Administrator may consider necessary, conditioned upon the full satisfaction of all judgements and decrees which may result by reason of any negligent or unlawful act or omission of any person managing or participating in such parade or demonstration and covered by the permit; with the further condition that he will save the city harmless against all claims and demands whatsoever which may arise by reason of the negligent or unlawful act or omission of any person managing or participating in such parade or demonstration and covered by the permit; and with the further condition that the permittee shall pay to the city all extra expenses incurred by the city for clearing the city streets, sidewalks and public places of litter and refuse caused by such parade or demonstration and for cleaning and repair of public property soiled or damaged by such paraders or demonstrators. Sect. 16-105. – Conditions of Permit. In granting a permit pursuant to this division, the City Administrator or Assistant City Administrator may include therein such conditions, restrictions and limitations as the City Administrator or Assistant City Administrator may consider appropriate, under the general police powers of the city, for the public health, safety and welfare. THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY UPON ITS ADOPTION SECOND AND FINAL READING.