§ 5-17.15. Special permit: Subsequent conditions.

(a)

Grounds for special permit subsequent conditions. The Chief of Police may condition a permit authorizing an event where the Chief of Police determines from the facts that there are grounds for conditioning the previously issued permit in the manner provided for in Section 5-17.14; provided that such facts were first disclosed or otherwise made known to the Chief of Police after issuance of the permit; and further provided that such facts were not discoverable upon the exercise of due diligence by the Chief of Police prior to the issuance of a permit.

(b)

Notice of special permit subsequent conditions. Where the Chief of Police determines to condition a permit which has already issued based upon subsequently discovered facts, the Chief of Police shall immediately cause a written notice of such action to be served on the permittee and shall provide copies of the notice to the City Manager, City Attorney and all remaining City officers charged with carrying out any responsibilities under this chapter. However, where the Chief of Police determines from the facts to condition a permit authorizing an event on the day of such event and has learned of such facts within twenty-four (24) hours of the event, the Chief of Police shall announce such action to the event participants, to those City officers and employees engaged in monitoring or controlling traffic during the event, and to the person in charge of the event where such person can be located at the site of the event. Thereafter, the Chief of Police conditioning such permit shall cause a written notice of such action to be served on the permittee and shall provide copies of the notice to the City Manager and City Attorney.

(c)

Hearing on special permit subsequent conditions. In all cases, except where the Chief of Police learns of the facts justifying a conditioning of the permit within twenty-four (24) hours of the event, the applicant shall have a right to a hearing before the City Manager within twenty-four (24) hours of the imposition of the new conditions; provided that the event is scheduled at least forty-eight (48) hours before the request for hearing is made. The hearing shall be at the City Manager's office at 4:00 p.m. the day after the hearing is requested, unless otherwise agreed upon. The City Manager shall issue a decision orally at the conclusion of the hearing and shall also notify the applicant, the Chief of Police and the City Attorney, in writing of the City Manager's decision.

(d)

Content of notices of special permit subsequent conditions. Any notification of action by the Chief of Police or City Manager in subsections (b) or (c) of this section, whether oral or written, shall describe, with particularity, the facts and the reasons for the decision. Any such written notice may be by telegram, facsimile or any written document sent or signed by the Chief of Police or City Manager, respectively.

(§ 2, Ord. 781, eff. August 24, 1992)