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Transcription:

WHEREAS, the City of Cleveland has been selected to host the 2016 Republican National Convention which is scheduled to take place from July 18, 2016 to July 21, 2016; and WHEREAS, the Convention is expected to attract approximately 50,000 visitors to the City; and WHEREAS, the size and significance of the Convention creates unique challenges for the City that require additional regulations to assist in promoting and protecting the general health, safety, and welfare of the residents and visitors of the City during the Convention; and WHEREAS, the City recognizes the compelling need to allow visitors to have a safe place to stay overnight during the Convention; and WHEREAS, under Ordinance No. 880-14, the Board of Control is authorized to approve reasonable regulations promulgated by the appropriate director regarding the use of public property during the period starting one month before the first day of the Convention until one week after the completion of the Convention; and WHEREAS, the Board of Control has determined that regulations, promulgated by the Director of Public Works will promote and protect the general safety and welfare of the residents of and visitors to the City during the Convention; NOW, THEREFORE, BE IT RESOLVED by the Board of Control of the City of Cleveland that under the authority of Ordinance No. 880-14, passed by the Cleveland City Council July 16, 2014, the following rules and regulations promulgated by the Director of Public Works for use of Kirtland Park during the 2016 Republican National Convention ( RNC or Convention ) for overnight use by visitors, which are hereby determined to promote and protect the general safety and welfare of the residents of and visitors to the City during the Convention, are approved: OVERNIGHT USE OF KIRTLAND PARK Section I. General Provisions (a) herein. Incorporation. The recitals set forth above are hereby incorporated as if fully set forth (b) Purpose. These Regulations are intended to provide guidance for use of Kirtland Park during the 2016 Republican National Convention to protect the public interest and safety.

(c) General Requirement. The overnight use of public parks, public streets and other public property during the 2016 Republican National Convention may be granted only in accordance with these Regulations. (d) Effective Date. These regulations shall go into effect upon the date of approval by the Board of Control, and shall terminate at 12:01 a.m. Eastern Daylight Time on July 23, 2016. Section II. Overnight Stay Regulations at Kirtland Park (a) Definitions. As used in this section: (1) City means the City of Cleveland, Ohio; (2) Codified Ordinances mean the Codified Ordinances of Cleveland, Ohio, 1976; (3) Convention Period means the time period commencing at 8:00 p.m. on Monday, July 18, 2016 and extending until 9:00 a.m. on Friday, July 22, 2016; (4) Director means the Director of Public Works or the Director s designee; (5) Kirtland Park means the City-owned park located on the south-west corner of East 49 th Street and South Marginal Road; (6) Person means any natural person, firm, co-partnership, association or corporation; (7) Sound Amplification Equipment means any system or piece of equipment used for the production of amplified sound, excluding megaphones, bullhorns and portable batteryoperated sound amplification devices; and

(8) Vehicle means every device, including a motorized bicycle, in, upon, or by which any person or property may be transported or drawn upon a highway, except that "vehicle" does not include any motorized wheelchair, electric personal assistive mobility devices, any device that is moved by power collected from overhead electric trolley wires or that is used exclusively upon stationary rails or tracks, or any device, other than a bicycle, that is moved by human power. A bicycle is a "vehicle". (b) Use of Kirtland Park. Kirtland Park shall be available for any person to stay during the hours of 9:00 pm to 9:00 am during the Convention Period on a first-come, first-served basis. (c) Kirtland Park Use Regulations. The following regulations apply to persons staying overnight at Kirtland Park during the Convention Period: (1) No person or group shall unreasonably disturb or interfere with any other person or group occupying an area of Kirtland Park; (2) No person shall distribute materials for private pecuniary gain; (3) No person shall possess, use or distribute intoxicating liquor, illegal drugs or controlled dangerous substances; (4) Outdoor grilling, use of propane tanks, and fires of any kind are strictly prohibited; (5) No person shall damage, mark, deface or cause any injury to any existing trees, plants, monuments, art or objects; (6) No person shall attach any swing or hammock to the trees and fences; (7) No person shall deposit, leave, or spill refuse or other substances other than in receptacles provided for this purpose; (8) No person shall attach or post any notice, sign, or any other objects on City property; (9) Solicitation of any business, trade or occupation is strictly prohibited; (10) No person shall operate a vehicle while off designated roads or streets;

(11) No person shall fly any drones, model aircraft, rockets or other unmanned aircraft systems; (12) No person shall possess and or discharge any fireworks or other explosive pyrotechnics; (13) No person may cut or saw any live or dead trees or their parts, with any type of equipment, or remove any live or dead trees; (14) No person may park a vehicle: A. In front of a driveway; B. Within an intersection; C. Any place an official sign prohibits, or regulates, stopping, standing, parking, or the manner of parking in general; D. On the traveled portion of a roadway or public driveway; E. So as to obstruct another vehicle or traffic; F. So as to injure any tree, shrub, plant, or vegetation; G. In a fire lane; H. Within fifteen (15) feet of a fire hydrant; or I. In parking spaces which are designated for use only by persons with disabilities unless such vehicles display a special registration plate, a removable windshield placard, or a temporary removable windshield placard allowing such parking. (15) Any vehicle parked in violation of these Regulations may be removed and/or impounded by the City at the owner s expense; (16) No person shall urinate or defecate except in the places officially provided for this use; and (17) The use of Sound Amplification Equipment is prohibited.

(c) Closing of Park. Should the Director determine, following consultation with the Chief of Police, that the number of persons and vehicles in Kirtland Park has reached or shortly will reach a maximum number for the safe enjoyment of the Kirtland Park by persons currently staying in the park, the Director may declare Kirtland Park temporarily closed to additional persons and vehicles. The Director will reopen Kirtland Park to persons and vehicles when, in the determination of the Director, in consultation with the Chief of Police, conditions in Kirtland Park warrant reopening the park to persons and vehicles. (d) Fees. There shall be no fee charged for the overnight use of Kirtland Park by visitors for a safe place to stay during the Convention Period under these Regulations. (e) Violations. Any violation of these Regulations or the laws of the State of Ohio or the City of Cleveland will result in immediate removal of the violator from Kirtland Park, in addition to any other penalty under the law. (f) Conflict Provision. In the event of a conflict between these Regulations and the Codified Ordinances of Cleveland, Ohio, 1976, or any other City ordinance or regulation, these Regulations shall control.

APPROVED: Director of Public Works Prepared by: Richard Horvath Law Department Adopted by the Board of Control