TOWN OF ST. JOHN, LAKE COUNTY, INDIANA
ORDINANCE NO. 1259
BEING AN ORDINANCE CREATING AND PROVIDING RULES AND REGULATIONS AND GUIDELINES FOR THE GRANTING OF BLOCK PARTY PERMITS IN THE TOWN OF ST. JOHN, LAKE COUNTY, INDIANA
WHEREAS, the Town of St. John, Lake County, Indiana, on the 9th day of April, 1979 passed and adopted Ordinance 511, the same being an ordinance regulating traffic and establishing fines and penalties for violations of traffic regulations in the Town of St. John, Lake County, Indiana; and
WHEREAS, the foregoing ordinance has been amended on numerous occasions in order to protect the health, safety, and welfare of the citizens of the Town of St. John; and
WHEREAS, although said ordinance addresses "parades", and permits therefor, the foregoing ordinance does not address the issue of "block parties"; and
WHEREAS, on occasion, the Town Council of the Town of St. John, Lake County, Indiana and/or its Police Department receive requests from residents to allow the blocking off of public streets within the Town of St. John in order to conduct "block parties"; and
WHEREAS, the Town Council of the Town of St. John, Lake County, Indiana, now determines that in order to protect the health, safety, and welfare of the citizens of the Town of St. John certain regulations, rules, and guidelines be enacted and promulgated by the Town Council to govern and control "block party" requests and Ordinance 511 should be amended accordingly.
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of St. John, Lake County, Indiana, that Ordinance 511 shall be amended and Sections 13-226-13-233 shall be added as follows:
SECTION 13-226. No person shall engage in, participate in, aid, form, or start any block party without a block party permit issued by the Chief of the St. John Police Department.
A. Permit Applications. A person desiring a block party permit shall file an application with the Chief of Police on forms provided by such officer. Such application shall be filed not less than ten (10) days nor more than sixty (60) days before the date on which the block party is scheduled.
B. The application for a block party permit shall set forth the following information:
1. The name, address, and telephone number of the person seeking to conduct such block party;
2. The name, address, and telephone number of the person who will be the block party chairman and will be responsible for its conduct;
3. The date when the block party is to be conducted;
4. The approximate number of persons who will attend the block party;
5. The hours when such block party will start and terminate;
6. A statement as to whether the block party will occupy all or only a portion of the streets where the block party is proposed to be conducted;
7. The specific location of the block party and the specific designation where the block party applicant is requesting the street or streets to be blocked off by the Police Department;
8. Any additional information which the Chief of Police shall find reasonably necessary to a fair determination and as to whether a block party permit should be issued.
C. The Chief of Police, where good cause is shown therefor, shall have the authority to consider any application hereunder which is filed less than seven (7) days before the date such block party is proposed to be conducted.
SECTION 13-228. Standards for Permit Issuance. The Chief of Police of the Town of St. John shall issue a block party permit when, from a consideration of the application and from such other information as may otherwise be obtained, he finds that:
1. The conduct of the block party will not substantially interrupt the safe and orderly movement of other traffic contiguous to the block party;
2. The concentration of persons attending the block party will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such block party areas;
3. The conduct of the block party is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct or create a disturbance.
SECTION 13-229. Notice of Permit Denial. If the Chief of Police disapproves the application for a block party permit, he shall mail to the applicant, if possible, within three (3) days after the date upon which the application was filed, a notice of his action. He shall also contact the applicant via the telephone of such approval or disapproval.
SECTION 13-230. Contents of Permit. Each block party permit shall state the following information:
1. Starting time.
2. Ending time.
3. The portions of the streets to be blocked off during the block party.
4. Such other information as the Chief of Police shall find necessary for enforcement of this ordinance.
SECTION 13-231. Revocation of permit. The Chief of Police of the Town of St. John shall have the authority to revoke a block party permit issued hereunder upon application of the standards for issuance as set forth in this ordinance.
SECTION 13-232. Compliance with Laws and Regulations. A person or persons holding a block party permit hereunder shall comply with all permit directions and conditions and with all other laws and ordinances of the Town of St. John and the State of Indiana. Nothing in the granting of a block party permit shall be construed to allow disorderly or unruly behavior or to authorize the block party applicant or attendees to violate any other laws or ordinances of the Town of St. John or the State of Indiana.
SECTION 13-233. Penalty Provisions. The violation of any provision of this ordinance, as amended from time to time, in addition to any penalties prescribed under applicable state law, shall be punishable by not less than $100.00 nor more than $2,500.00 per offense or incident. Every day of any violation of this ordinance, as amended from time to time, shall constitute a separate offense.
BE IT FURTHER ORDAINED that all existing ordinances, or parts thereof, in conflict with the provisions of this ordinance, are hereby deemed null, void, and of no legal affect, and are specifically repealed.
BE IT FURTHER ORDAINED that if any section, clause, provision, or portion of this ordinance shall be held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect any other section, clause, provision, or portion of this ordinance.
BE IT FURTHER ORDAINED that the Town Council declares an emergency and this ordinance shall take effect and be in full force and effect, from and after its passage by the Town Council of the Town of St. John, Lake County, Indiana, pursuant to law.
PASSED AND ADOPTED by the Town Council of the Town of St. John, Lake County, Indiana, this 25th day of July, 2002.
Aye 4 Nay 1
TOWN OF ST. JOHN, LAKE COUNTY,
INDIANA, TOWN COUNCIL
/S/ KRISTIE L. ALDRIDGE, President
/S/ KATHLEEN J. WILLMAN, Vice President
/S/ WILLIAM M. WINTERHALER, Member
/S/ MICHAEL S. FORBES, Member
JEROME J. RUDY, Member voted nay
/S/ JUDITH L. COMPANIK