Franklin is once again reviewing its Public Gathering and Expression Event Ordinance after controversy arose when a local minister held prayers on the Public Square without applying for a permit after 5:00 p.m. There were multiple complaints about the noise by those who live and work in the city.
“Overall the staff recommendation is to adjust this ordinance as drafted based on your feedback tonight,” said Eric Stuckey, City Administrator, at a recent Franklin Board of Mayor and Alderman (BOMA) Work Session. “That would include a repeal of the action that was taken in August…By the same token there are probably four or five items we would like to still address…Some of it is a little bit of a clean-up, some of it is a different way to approach this that will help us, and then you have the amplification issue that needs to be addressed beyond the whole public expression.”
Stuckey went on to explain that the city has been following guidelines that were written some time ago and do not express how things are currently done in downtown today as far as amplification. He also discussed the importance of the ordinance that was created about three years ago. It has helped guide the city through some “significant public expression events” during that time.
“[The city was able to] facilitate the expression,” said Stuckey, “but made sure that we provide for the safety of those who were involved in the expression, [as well as] the general public.”
Current regulations have allowed the city to understand the various events better and to look into how they would affect the community. It has worked well overall, but the August amendments have not worked as well according to Stuckey and need some updating.
The ordinance was created after events that took place during the pandemic as a way to ensure the safety of local police officers and the community. Also, because, as in cities around the country, there is a shortage of police officers, and Police Chief Deborah Faulkner is in dire need of being made aware of any large gatherings on public property because it will affect the police force due to crowd control. A shortage of officers makes it harder to staff both the public event and to respond to private incidents.
“The police department not only works to keep order and safety during a demonstration or gathering, but also answers calls for service and patrols the rest of the 42 square miles [that make up Franklin].”
Chief Faulkner refers to informing the city of an event on public land like RSVPing to a private event. Applying for a permit is like sending in that RSVP card. It allows her to make informed plans on how to schedule her police force to keep everyone safe.
“Using public space requires some preparation ahead of time,” added Chief Faulkner. “The city wants to ensure another group hasn’t already requested the same space.”
Other factors involved include control of traffic, parking, crowd control, energy requirements, amplification, staging, answering calls by the public about the event with helpful information and more. The city also wants to make sure opposing groups are not in the same space to cause strife.
“Franklin City Police is working hard to keep everyone safe,” said Chief Faulkner. And to keep public spaces safe and open to everyone.
Eric Stuckey proposed the following changes to the ordinance amendments created in August 2022. The goal is to make sure that the ordinance is applied equally across the community.
- Repeal August amendment.
- Permitted events take precedence on the square.
- Amplification would no longer require a permit if that amplification cannot be heard 50 feet from the amplification device in public space.
- Overall amplification in public spaces would be allowed throughout the city from 6:00 a.m. until 9:00 p.m. Later or earlier times would require a permit.
- Changing the wording “after dark” as the standard for the end of an event to a specific time, 9:00 p.m. A permit must be obtained if amplification is to occur after 9:00 p.m. and/or if it can be heard from more than 50 feet.
- There will no longer be a differentiation of standards between downtown and city-wide.
- Remove the requirement for multiple events in a month triggering a permit.
- Wording changes on sections 16-527 and 16-515. The former will remove the word “observer.” The latter will state, “Additionally, no public gathering or expression event will take place during a permitted special event in a permitted space.”
The rest of the ordinance would remain unchanged.
There were multiple questions by the aldermen about clarifying the language related to multiple events per month by one group at one location no longer requiring a permit. There was fear that a specific space would be over-used by one group cutting it off from use by others. Some of the aldermen felt that there still needs to be a permit if one group plans to use a space multiple times per month. There was a discussion of using some kind of sign-up sheet so there is an understanding of who is using the space, but no need for a permit. And there was a discussion of refining language to distinguish between an “event” and a “gathering.” Discussion about how to treat musicians on the square they noted would be discussed at a later date.
Stuckey noted that formal presentation of changes to the ordinance and discussion is proposed to take place at the March 28 meeting. This will be a two reading ordinance.
