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HomeMy WebLinkAboutORD.2980.03-18-2002BILL NO. 02-42 ORDINANCE NO. 99&b AN ORDINANCE ENACTING ARTICLE XVII TO CHAPTER 15 AND AMENDING CHAPTERS 5, 17 AND 26 OF THE CITY CODE, RELATING TO SPECIAL EVENT AND PARADE PERMITS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. There is hereby enacted a new Article XVII entitled "Special Event and Parade Permits" to Chapter 15 of the Code of Ordinances of the City of Cape Girardeau, Missouri, in words and phrases, to read as follows: ARTICLE XVII. SPECIAL EVENTS AND PARADE PERMITS DIVISION I, GENERAL. Sec. 15-471. Definitions. 1. Special Event: Any outdoor event of limited duration on city -owned property, open to the public, with or without an admission fee, held on a one-time, occasional or annual basis, including, but not limited to, festivals, block parties, rallies, dances, shows, carnivals, circuses, bazaars, exhibitions, concerts, pageants, ceremonies, or other similar event. 2. Parade: Any march, race, or procession, or other similar display, in or upon any street, or other city -owned property. 3. Sponsor: To conduct, stage, present or organize a special event or parade. A "sponsor" under this definition must be in charge of the special event or parade, or have primary control of its conduct. All special events or parades shall be deemed to have at least one sponsor. 4. Person: Any individual, entity, association, partnership, limited liability company or corporation. 1 Sec. 15-472. Penalty. Any person violating any of the provisions of this Article shall be punishable by a fine not to exceed five hundred dollars ($500.00), or by imprisonment not to exceed three (3) months, or by both such fine and imprisonment. However, said penalty shall not be the exclusive remedy available to the city for enforcement, and the city may pursue any additional remedies as provided by law and elsewhere in this code of ordinances. DIVISION II, SPECIAL EVENT PERMIT. Sec. 15-473. Permit Required. It shall be unlawful for any person to sponsor or knowingly participate in any special event without a special event permit issued by the City Manager to the special event sponsor. Sec. 15-474. Application. 1. The application form for a special event permit shall be available in the office of the City Clerk. Applications requesting a special event permit shall be filed with the City Clerk at least ten (10) business days prior to the date the special event will begin, unless the ten (10) business day time period is waived by the City Manager. 2. The application for a special event permit shall include: a. The name, address, and telephone number of the applicant, and for any persons acting as sponsors of the special event who will be responsible for its conduct. If the applicant is a corporation or civic organization, then the name of the corporation or civic organization and names and addresses of its directors and officers. b. The purpose of the special event and the estimated number of participants or those attending. C. The date or dates the special event is to be held, and the time it is to commence and K terminate, including set-up and shut -down times. d. The location of the special event, including a drawing or plan showing the entire location to be utilized by the event in relation to existing buildings, location within the tract or lot, drive areas, layout of parking areas, and the amount of space available for off- street parking. e. The specific street or streets, or portions thereof, to be closed. f. A list of all vendors doing business during the special event, including type of business or concession. g. Whether alcoholic beverages will be allowed, provided or sold during the special event. h. A plan for the use of lighting, music, loud speakers, a live band, or sound system, if any, and the type and location of speakers and other audio and lighting equipment. i. The name and address of the security company, if any, and a description of the duties to be performed. j. A plan for fire protection, including a map specifying the location of fire lanes and water supply for fire control. k. A plan for emergency medical services. 1. A plan for the disposal of sanitary waste and sewage, including toilet facilities, and the disposal of garbage, trash, and refuse. M. Any additional information which the City manager shall find reasonably necessary to a fair determination as to whether a permit should be issued. Sec. 15-475. Issuance of Permit by City Manager. 1. Special event permits shall be granted or denied by the City Manager, or his/her designee, and shall contain terms and conditions as may be deemed 3 necessary to assure a neat, safe and orderly event in accordance with the terms of this section. Such terms may include specific locations in which possession and consumption of alcoholic beverages will be confined, and regulations concerning prohibited noise. 2. Special event permits are not transferrable and shall expire at the close of the last date of the event for which it has been issued. Failure of the sponsors or of the applicants to comply with the terms and conditions of a special event permit, and the applicable ordinances of the City of Cape Girardeau and the applicable laws of the State of Missouri, shall immediately void the permit. 3. Standards for issuance. The City Manager shall issue a permit as provided for hereunder when, from a consideration of the application and from such other information as may otherwise be obtained, he finds that: a. The conduct of the special event will not substantially interrupt the safe and orderly movement of other traffic contiguous to its location; b. The conduct of the special event will not require the diversion of so great a number of police officers of the city to properly police the event and the areas contiguous thereto as to prevent normal police protection to the city; c. The conduct of such special event will not require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of the city other than that to be occupied by the proposed event and areas contiguous thereto; d. The concentration of persons, animals and vehicles at the location of the special event will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such assembly areas; e. The conduct of such special event will not interfere with the movement of fire -fighting equipment en route to a fire; 0 N f. The conduct of the special event is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct or to create a disturbance beyond the capacity of the police department to protect the general public or those participating in the special event; g. Verification that information contained in the permit application is true and does not omit any material detail. Sec. 15-476. Notice of Rejection; appeal procedure. a. The City Manager shall act upon the application for a special event permit within five (5) business days after the filing thereof. If the City Manager disapproves the application, he shall mail to the applicant within five (5) business days after the date upon which the application was filed, a notice of his action, stating the reasons for his denial of the permit. b. Any person aggrieved shall have the right to appeal the denial of a special event permit to the city council. The appeal shall be taken within five (5) business days after notice. The city council shall act upon the appeal at the next regularly scheduled city council meeting after its receipt. Sec. 15-477. Alternative permit. The City Manager, in denying an application for a special event permit, shall be empowered to authorize the conduct of the special event on a date, at a time, or at a place different from that named by the applicant. An applicant desiring to accept an alternate permit shall, within five (5) business days after notice of the action of the City Manager, file a written notice of acceptance with the City Manager. An alternate special event permit shall conform to the requirements of, and shall have the effect of a special event permit under this section. 5 Sec. 15-478. Modification or Rescission of Special Event Permit. The City Manager may modify or rescind a special event permit for good cause, including, but not limited to: a. A determination that any representations or statements contained in the event permit application are false or misleading in any material detail. b. A determination that any terms or conditions of the permit have not been complied with. C. A determination that the event may pose an immediate threat to public health, welfare or safety due to reasons including, but not limited to, weather conditions, overcrowding, traffic problems, or violations of state or local law. d. A determination that the event sponsor is in violation of any other ordinance of the City of Cape Girardeau. Sec. 15-479. Responsibility for Expenses. The special event permit applicants, sponsors, and any other individuals or organizations named in the permit shall be responsible for any expenses incurred by the City of Cape Girardeau as a result of the sponsored special event, for stolen or damaged city property, cost of materials and utilities, including, but not limited to, water, sewer, solid waste disposal and electric, and for City employee overtime wages. Any event organized or for which a permit has been issued by the Parks and Recreation Department within the terms of Section 15-482, Paragraph 2 shall be considered a permitted special event for the purposes of this section. Sec. 15-480. Period of Operation and Duration. A special event shall take place only between the hours of 8:00 A.M. and 11:00 P.M., Sunday through Thursday, and 8:00 A.M. and 12:00 A.M., Friday through Sunday, and shall not operate for a duration greater than ten (10) days in length, unless these days and times are otherwise extended by the city manager. G I Sec. 15-481. Duty to Restore Event Location. 1. Special event sponsors shall clean and restore the location where the event operates within forty- eight (48) hours of the conclusion of the event, or at such other time as is set out in the permit, to the condition which existed prior to the event, and shall provide waste disposal receptacles and toilet facilities for use of those attending the event. 2. Special event sponsors shall place all trash and debris in appropriate containers and make it ready for removal prior to 10:00 A.M. of the day following the last day of the special event. Sec. 15-482. Exempt Events. 1. Any special event sponsored by the Cape Girardeau Public Schools as well as any military, or emergency services program, exercise simulation, or training drill, or any governmental agency acting within the scope of its functions, shall be exempt from complying with the requirements of Section 15- 479. 2. Any event organized or for which a permit has been issued by the Parks and Recreation Department shall be exempt from the requirements of Sections 15-473 to 478, but must still comply with Sections 15-479 to 481 and Sections 17-156 et seq. Any permit issued by the Parks and Recreation Department shall only apply to that portion of the event occurring in a city park. Any portion of the event occurring on any other City -owned property must still comply with the terms of this Article. 3. Any special event sponsored by the City of Cape Girardeau shall be exempt from complying with the requirements of this Article. Secs. 15-483-490. Reserved. DIVISION III, PARADE PERMIT. Sec. 15-491. Permit Required. It shall be unlawful for any person to sponsor or knowingly participate in any parade without a parade 7 1 permit issued by the Chief of Police, or his designee, to the parade sponsor. Sec. 15-492. Application. 1. The application form for a parade permit shall be available at the Police Department. Applications requesting a parade permit shall be filed with the Chief of Police at least seven (7) business days prior to the date the parade will begin, unless waived by the Chief of Police. 2. The application for a parade permit shall include: a. The name, address, and telephone number of the applicant, and of any persons acting as sponsors of the parade who will be responsible for its conduct. If the applicant is a corporation or civic organization, then the name of the corporation or civic organization and names and addresses of its directors and officers. b. The estimated number of persons, animals, and vehicles to participate, specifying animal and vehicle types. C. The date the parade is to be held, and the time it is to commence and terminate, including times parade participants or units will assemble. d. The route the parade will travel, including start and termination points, streets or areas to be traveled, and assembly or staging areas for parade participants. e. The interval of space to be maintained between parade units or participants. f. A description of any loud speaker, sound system, or live band or music to be used as a part of the parade or by its participants. g. A proposed plan for the removal of litter and animal waste along the parade route and adjacent areas after the termination of the parade. E h. Any additional information which the Chief of Police shall find reasonably necessary to a fair determination as to whether a permit should be issued. Sec. 15-493. Issuance of Permit By The Chief of Police. 1. Parade permits shall be granted or denied by the Chief of Police, or his/her designee, and shall contain terms and conditions as may be deemed necessary, to assure a neat, safe, and orderly parade in accordance with the terms of this section. 2. The parade permit is not transferrable and shall expire at the close of the termination time of the parade for which it has been issued. Failure of the sponsors or of the applicants to comply with the terms and conditions of a parade permit, and the applicable ordinances of the City of Cape Girardeau and the applicable laws of the State of Missouri, shall immediately void the permit. 3. Standards for issuance. The chief of police shall issue a permit as provided for hereunder when, from a consideration of the application and from such other information as may otherwise be obtained, he finds that: a. The conduct of the parade will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route; b. The conduct of the parade will not require the diversion of so great a number of police officers of the city to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection to the city; C. The conduct of such parade will not require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of the city other than that to be occupied by the proposed line of march and areas contiguous thereto; d. The concentration of persons, animals and vehicles at assembly points of the parade will 9 I not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such assembly areas; e. The conduct of such parade will not interfere with the movement of fire -fighting equipment en route to a fire, or other emergency equipment en route to an emergency; f. The conduct of the parade is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct or to create a disturbance beyond the capacity of the police department to protect the general public or those participating in the parade; g. The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route; h. The parade is not to be held for the sole purpose of advertising any product or goods, and is not designed to be held purely for private profit. i. That the conduct of the parade will not interfere with any other parade currently issued a parade permit. j. Verification that information contained in the permit application is true and does not omit any material detail. Sec. 15-494. Notice of rejection; appeal procedure. a. The chief of police shall act upon the application for a parade permit within five (5) business days after the filing thereof. If the chief of police disapproves the application, he shall mail to the applicant within five (5) business days after the date upon which the application was filed, a notice of his action, stating the reasons for his denial of the permit. b. Any person aggrieved shall have the right to appeal the denial of a parade permit to the city manager. The appeal shall be taken within 10 I five (5) business days after notice. The city manager shall act upon the appeal within five (5) business days after its receipt. Sec. 15-495. Alternative permit; notice to city manager. a. The chief of police, in denying an application for a parade permit, shall be empowered to authorize the conduct of the parade on a date, at a time, or over a route different from that named by the applicant. An applicant desiring to accept an alternate permit shall, within five (5) business days after notice of the action of the chief of police, file a written notice of acceptance with the chief of police. An alternate parade permit shall conform to the requirements of, and shall have the effect of a parade permit under this section. b. Immediately upon the issuance of a parade permit, the chief of police shall send a copy thereof to the city manager. Sec. 15-496. Contents of permit. Each parade permit shall state the following information: a. Starting date and time; b. Minimum speed; C. Maximum speed; d. Maximum interval of space to be maintained between the units of the parade; e. The portions of the streets to be traversed that may be occupied by the parade; f. The maximum length of the parade in miles or fractions thereof; g. Such other information as the chief of police shall find necessary to the enforcement of this section. 11 i Sec. 15-497. Duties of permittee; possession of permit. a. A permittee hereunder shall comply with all permit directions and conditions and with all applicable laws and ordinances. b. The parade sponsor or other person heading or leading such activity shall carry the parade permit upon his person during the conduct of the parade. Sec. 15-498. Modification or Rescission of Parade Permit. The Chief of Police may modify or rescind a parade permit for good cause, including, but not limited to: a. A determination that any representations or statements contained in the parade permit application are false or misleading in any material detail. b. A determination that any terms or conditions of the parade permit have not been complied with. C. A determination that the parade may pose an immediate threat to public welfare or safety due to reasons including, but not limited to, weather conditions, overcrowding, traffic problems, or violations of state or local law. Sec. 15-499. Duty of Parade Sponsor to Clean Restore Parade Route. Parade sponsors shall clean and restore the parade route and adjacent areas during the term of the parade permit, at the conclusion of the parade, or at such other time as is set out in the permit to the condition which existed prior to the parade, and shall provide for the clean-up and disposal of litter and animal wastes. Sec. 15-500. Public Conduct During Parade. 1. No person shall obstruct, impede, or interfere with any duly authorized parade or with any person, vehicle or animal participating in or used as a part of such parade. 12 2. No person shall operate a motor vehicle along side or between the persons, vehicles or animals participating in a parade during such parade. 3. Parking on parade route. The chief of police shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a highway or part thereof constituting a part of the route of a duly authorized parade. The chief of police shall post signs to such effect, and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof. No person shall be convicted of a parking violation under this section unless that street has been posted as required herein. Sec. 15-501. Exceptions. 1. Wedding or funeral processions, any military, city administration or emergency services program, exercise simulation, or training drill, students en route to or from school classes or participating in educational activities under the immediate supervision of a school authority, or any governmental agency acting within the scope of its functions shall not be required to obtain a parade permit. 2. Any parade organized or for which a permit has been issued by the Parks and Recreation Department shall be exempt from the requirements of Section 15-491 to 498, but must still comply with Section 15-499 and Sections 17-156 et seq. Any permit issued by the Parks and Recreation Department shall only apply to that portion of the parade occurring in a city park. Any portion of the parade occurring on any other city -owned property must still comply with the terms of this Article. Secs. 15-502-510. Reserved. ARTICLE 2. That portion of Section 26-1 of the Code of ordinances of the City of Cape Girardeau, Missouri, entitled "Definitions" reading as follows: 13 Sec. 26-1. Definitions. Parade is any parade, march, ceremony, show, exhibition, pageant, or procession of any kind, or any similar display, in or upon any street in the city. Parade permit is a permit as required by this chapter. is hereb `�` � pealed in its entirety. ARTICLE 3. Section 26-337 of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "Parades", reading as follows: Sec. 26-337. Parades. (a) Permit required. No person shall engage in, participate in, aid, form or start any parade, unless a parade permit shall have been obtained from the chief of police. (1) Exceptions. This section shall not apply to: a. Funeral processions; b. Students going to and from school classes or participating in educational activities, providing such conduct is under the immediate direction and supervision of the proper school authorities; C. A governmental agency acting within the scope of its functions. (b) Application. A person seeking issuance of a parade permit shall file an application with the chief of police on forms provided by such officer. The chief of police shall cause publication of a notice of the filing of such application for a parade permit. This publication shall occur in a daily newspaper and the person or organization making application for the parade permit shall pay to the chief of police such sum as is necessary to pay the cost of such publication. (1) Filing period. An application for a parade permit shall be filed with the chief of police not less than seven (7) days nor more than twenty (20) days before the date on which it is proposed to conduct the parade. 14 (2) Contents. The application for a parade permit shall set forth the following information: a. The name, address and telephone number of the person seeking to conduct such parade; b. If the parade is proposed to be conducted for, on behalf of, or by an organization, the name, address and telephone number of the headquarters of the organization, and the authorized and responsible heads of such organization; C. The name, address and telephone number of the person who will be the parade chairman and who will be responsible for its conduct; d. The date when the parade is to be conducted; e. The route to be traveled, the starting point and the termination point; f. The approximate number of persons who, and animals and vehicles which, will constitute such parade; the type of animals, and description of the vehicles; g. The hours when such parade will start and terminate; h. A proposed plan for the cleanup of animal waste, if animals are to be included in the parade; i. The location by streets of any assembly areas for such parade; j. The time at which units of the parade will begin to assemble at any such assembly area or areas; k. The interval of space to be maintained between units of such parade; 1. If the parade is designed to be held by, and on behalf of or for, any person other than the applicant, the applicant for such permit shall file with the chief of police a communication in writing from the person proposing to hold the parade, authorizing the applicant to apply for the permit on his behalf; M. Any additional information which the chief 15 of police shall find reasonably necessary to a fair determination as to whether a permit should issue. (3) Late applications. The chief of police, where good cause is shown therefore, shall have the authority to consider any application hereunder which is filed less than seven (7) days before the date such parade is proposed to be conducted. (c) Standards for issuance. The chief of police shall issue a permit as provided for hereunder 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 parade will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route; (2) The conduct of the parade will not require the diversion of so great a number of police officers of the city to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection to the city; (3) The conduct of such parade will not require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of the city other than that to be occupied by the proposed line of march and areas contiguous thereto; (4) The concentration of persons, animals and vehicles at assembly points of the parade will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such assembly areas; (5) The conduct of such parade will not interfere with the movement of fire -fighting equipment en route to a fire; (6) The conduct of the parade is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct or to create a disturbance beyond the capacity of the police department to protect the general public or those participating in the parade; (7) The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route; (8) The parade is not to be held for the sole purpose of advertising any product or goods, and is not designed to be held purely for private profit. (d) Notice of rejection. The chief of police shall act upon the application for a parade permit within three (3) days after the filing thereof. If the chief of police disapproves the application, he shall mail to the applicant within three (3) days after the date upon which the application was filed, a notice of his action, stating the reasons for his denial of the permit. (e) Appeal procedure. Any person aggrieved shall have the right to appeal the denial of a parade permit to the city manager. The appeal shall be taken within five (5) days after notice. The city manager shall act upon the appeal within five (5) days after its receipt. (f) Alternative permit. The chief of police, in denying an application for a parade permit, shall be empowered to authorize the conduct of the parade on a date, at a time, or over a route different from that named by the applicant. An applicant desiring to accept an alternate permit shall, within five (5) days after notice of the action of the chief of police, file a written notice of acceptance with the chief of police. An alternate parade permit shall conform to the requirements of, and shall have the effect of a parade permit under this section. (g) Notice to city manager. Immediately upon the issuance of a parade permit, the chief of police shall send a copy thereof to the city manager. (h) Contents of permit. Each parade permit shall state the following information: (1) Starting time; (2) Minimum speed; (3) Maximum speed; 17 (4) Maximum interval of space to be maintained between the units of the parade; (5) The portions of the streets to be traversed that may be occupied by the parade; (6) The maximum length of the parade in miles or fractions thereof; (7) Such other information as the chief of police shall find necessary to the enforcement of this section. (i) Duties of permittee. A permittee hereunder shall comply with all permit directions and conditions and with all applicable laws and ordinances. (1) Possession of permit. The parade chairman or other person heading or leading such activity shall carry the parade permit upon his person during the conduct of the parade. (j) Public conduct during parades. (1) Interference. No person shall unreasonably hamper, obstruct or impede, or interfere with any parade or parade assembly or with any person, vehicle or animal participating or used in a parade. (2) Parking on parade route. The chief of police shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a highway or part thereof constituting a part of the route of a parade. The chief of police shall post signs to such effect, and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof. No person shall be liable for parking on a street unposted in violation of this section. (k) Revocation of permit. The chief of police shall have the authority to revoke a parade permit issued hereunder upon application of the standards for issuance as herein set forth. in its entirety. ARTICLE 4. Section 5-14 of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "Possession, consumption in public", reading as follows: Sec. 5-14. Possession, consumption in public. Except where authorized by appropriate city license, or by other prior approval by the City Council, no person shall possess in open containers or consume intoxicating liquor or nonintoxicating beer in or upon streets, alleys, sidewalks or public parking areas, including a driver of any type of conveyance while in or upon streets, alleys, sidewalks, or public parking areas. is hereby repealed in its entirety, and a new Section 5-14 entitled "Possession, consumption in public", is hereby enacted in lieu thereof, in words and figures, to read as follows: Sec. 5-14. Possession, consumption in public. Except at the location of a permitted special event and under the terms of the special event permit, or where specifically authorized by other appropriate city license, or by other prior approval by the City Council, no person shall possess in open containers or consume intoxicating liquor or nonintoxicating beer in or upon streets, alleys, sidewalks or public parking areas, including a driver of any type of conveyance while in or upon streets, alleys, sidewalks, or public parking areas. Any event organized or for which a permit has been issued by the Parks and Recreation Department within the terms of Section 15-482, Paragraph 2, shall be considered a permitted special event for the purposes of this section. ARTICLE 5. section 17-157(1)a. of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "Prohibited acts", reading as follows: Sec. 17-157. Prohibited acts. No person shall make, continue, or cause to be made or continued, or allow anyone or anything under his control to make or cause, any noise disturbance. Noncommercial public speaking and public assembly activities conducted on any public space or public right- of-way and otherwise complying with this Code of Ordinances shall be exempt from the operation of this section. The following acts, among others not herein listed, and the causing thereof, are declared to be in 19 violation of this article, but said enumeration shall not be deemed to be exclusive, namely: (1) Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier, or similar device which produces, reproduces, or amplifies sound: a. Between the hours of 11:00 p.m. and 6:00 a.m. the following day, or at any other time, in such a manner as to create a noise disturbance across a real property boundary at fifty (50) feet (except for activities open to the public and for which a permit or license has been issued by the City of Cape Girardeau); or is hereby repealed in its entirety, and a new Section 17-157 (1)a. entitled "Prohibited acts", is hereby enacted in lieu thereof, in words and figures, to read as follows: Sec. 17-157. Prohibited acts. No person shall make, continue, or cause to be made or continued, or allow anyone or anything under his control to make or cause, any noise disturbance. Noncommercial public speaking and public assembly activities conducted on any public space or public right- of-way and otherwise complying with this Code of Ordinances shall be exempt from the operation of this section. The following acts, among others not herein listed, and the causing thereof, are declared to be in violation of this article, but said enumeration shall not be deemed to be exclusive, namely: (1) Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier, or similar device which produces, reproduces, or amplifies sound: a. Between the hours of 11:00 p.m. and 6:00 a.m. the following day, or at any other time, in such a manner as to create a noise disturbance across a real property boundary at fifty (50) feet except for activities open to the public and for which a special event permit has been issued by the City of Cape Girardeau, and subject to the terms of the permit. Any event organized or for which a permit has been issued by the Parks and Recreation Department within the terms of 20 Section 15-482, Paragraph 2, shall be considered a permitted special event for the purposes of this section. ARTICLE 6. Section 17-158 of the Code of Ordinances of City of Cape Girardeau, Missouri, entitled "Exceptions", reading as follows: Sec. 17-158. Exceptions. The following acts are declared exempted from the operation of sections 17-156 through 17-157, namely: (1) The operation of emergency and police vehicles responding to calls for service, and the operation of emergency equipment thereto; (2) The conduct of any police, military, city administration, or emergency services exercise, simulation or training; (3) The conduct of any parade, march, carnival, circus, show, fair, festival or bazaar having obtained the required licenses and permits, and otherwise complying with the provisions of this Code. herby. repealed in its entirety, and a new Section 17-158 entitled "Exceptions", is hereby enacted in lieu thereof, in words and figures, to read as follows: Sec. 17-158. Exceptions. The following acts are declared exempted from the operation of sections 17-156 through 17-157, namely: (1) The operation of emergency and police vehicles responding to calls for service, and the operation of emergency equipment thereto; (2) The conduct of any police, military, city administration, or emergency services exercise, simulation or training. (3) The conduct of any parade, march, carnival, circus, show, fair, festival, bazaar or special event having obtained the required licenses and permits, subject to the terms of those licenses and permits, and otherwise complying with the provisions of this Code. Any event organized or for which a permit has been issued by the Parks and Recreation Department within the terms of 21 Section 15-482, paragraph 2, shall be considered a permitted special event for the purposes of this section. ARTICLE 7. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. ARTICLE 8. It is the intention of the governing body and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Cape Girardeau, Missouri, and the sections of this Code may be renumbered to accomplish such intention. ARTICLE 9. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF �Gt�'ZVL 20 ATTEST: '1 Gayle L. Conrad, City Clerk A. V. Spradling, III, 22