§ 713-3. Use of Fountain Square.

The use of Fountain Square will be preserved primarily for the peaceful and orderly enjoyment of the square, its facilities, appurtenances, landscaping, and the Tyler Davidson Fountain by the general public.

Any other use of Fountain Square by a person or group of persons will not be permitted except in accordance with the terms of a permit issued by the director of public services or the city manager's designee in strict compliance with the conditions set forth hereinafter.

(a)

The city manager shall promulgate rules and regulations governing the use of Fountain Square that are consistent with §§ 713-1 through 713-9 of this chapter, and he or she may appoint a substitute to carry out any of the duties of the director of public services as provided in this chapter and the city manager's rules and regulations for the use of Fountain Square, including a third party with whom the city manager has lawfully entered into an agreement for the management of Fountain Square.

(b)

No person or group may erect a display, exhibit, structure or sign on Fountain Square without a permit issued by the director of public services or the city manager's designee in accordance with the rules and regulations for the use of Fountain Square.

(c)

Subject to the provisions of this chapter and the city manager's rules and regulations in effect pursuant to this chapter, no person or group may hold an event, protest, rally, or meeting or make any other use of Fountain Square involving more than 50 participants without a permit issued by the director of public services or the city manager's designee in accordance with the rules and regulations for the use of Fountain Square.

(d)

No displays, exhibits or gatherings shall be permitted within 20 feet of the Tyler Davidson Fountain.

(e)

The provisions of this section are not intended to prohibit the use of Fountain Square as a photographic background by a commercial enterprise when such activities are of a short duration and/or are not disruptive to the normal or other permitted use of Fountain Square and do not require any additional city services of assistance, subject, however, to all other provisions of this chapter. Such use does not require a permit except as provided in subparagraph (1) of this subsection. This provision does not prohibit permits for extensive commercial photography, restaurant patios on private property, or signs as authorized in this section.

(1)

The director of public services or the city manager's designee may permit Fountain Square to be used as a background for extensive commercial photography which may temporarily impair, impede or otherwise interfere with the public's enjoyment of Fountain Square and/or requires city support services or assistance. If such a permit is granted, the fee schedule provided in section 713-9 shall apply and the permittee shall be responsible for engaging and paying for any and all additional costs incurred by the city.

(2)

The director of public services or the city manager's designee may issue permits for the use of private or public property that is part of Fountain Square for restaurant patio uses, including the sale of food and beverages for consumption on the premises, in conjunction with adjoining fully enclosed restaurants. Such permits are subject to other applicable requirements of this section, except that the term of such permits may be for an indefinite time period provided that the permit is revocable upon at least 90 days notice.

(3)

The director of public services or the city manager's designee may issue permits for the use of private or public property that is part of Fountain Square for the sale of food and beverages or the sale of merchandise from and in conjunction with permanent or semi-permanent restaurants, stands, kiosks or booths erected on Fountain Square by the city or pursuant to any agreement for the management of Fountain Square lawfully in effect at the time the permit is issued. Such permits are subject to other applicable requirements of this section and the city manager's rules and regulations in effect pursuant to this chapter, except that the term of such permits may be for an indefinite time period provided that the permit is revocable upon at least 90 days notice.

(4)

The director of public services or the city manager's designee may issue permits for signs on Fountain Square pursuant to any agreement for the management of Fountain Square lawfully in effect at the time the permit is issued. Such permits are subject to other applicable requirements of this section and the city manager's rules and regulations in effect pursuant to this chapter, except that the term of such permits may be for an indefinite time period provided that the permit is revocable upon no more than 90 days notice.

(f)

To promote security and provide for scheduled maintenance, Fountain Square shall be closed from 3:00 a.m. to 6:00 a.m., except for the purpose of entering and exiting the garage or adjacent buildings.

(C.M.C. 713-3; ordained by Ord. No. 57-1976, eff. Feb. 5, 1975; a. Ord. No. 262-1981, eff. July 1, 1981; a. Ord. No. 143-1988, eff. June 10, 1988; a. Ord. 186-1992, eff. June 5, 1992; repealed and reordained by Ord. No. 122-2002, eff. May 16, 2002; a. Ord. No. 215-2005, § 2, eff. July, 14, 2005; Emer. Ord. No. 224-2006, § 3, eff. Aug. 2, 2006)