After tweaking a proposal to establish uniform permit requirements for parades and public assemblies, Orangeburg City Council proceeded Tuesday with second reading of the ordinance that has elicited much debate among council members.
The major change to the ordinance since first reading two weeks ago is the elimination of a proposed $100 permit administration fee. Council also set a public hearing before final third reading.
Told by City Administrator John Yow that the issue of charging an administrative permit fee to compensate for overtime and costs to the city is council's prerogative, council voted 6-1 to eliminate the fee.
"If we charge a fee, it must be equally across the board. But I have no problem taking the fee out of the ordinance altogether," said Councilman Charlie Jernigan, who made the motion.
Councilwoman Joyce Rheney, who voted to keep the fee, said after the session that, "the time our staff put into this, (the fee) would cover the extra work. I don't see any reason not to."
Councilman Bernard Haire, who cast the only vote against the entire ordinance on both first and second readings, repeated his request that he have more time to get information from other locations. He withdrew his motion to table the issue and instead moved, as council had suggested, that a public hearing be held before final third reading.
"When you have these kinds of prohibitions against music, sound amplification on public property ... speak to me of the rationale," Haire said. "I can have a party in my yard; but, if a group meets on a playground ... they can have no amplification?"
That language, Yow said, was added after Sunnyside residents complained that a Father's Day picnic, held annually by people living outside of the neighborhood, had resulted in noise, crowds and trespassers. A crowd on public property, such as a playground, is different than one on private property, he said, because others at the playground not involved with the group would be subject to noise.
Haire said that, although he is appreciative of efforts to make the ordinance more palatable, "something still troubles me about this ordinance."
"Should we not table this and get a public hearing? I doubt very seriously anyone would come, but just give (them) that opportunity," he said. "Is there a real need to have second reading tonight?"
It's "not essential, but I'd like to have" second reading, Yow said.
As outlined by the administrator, another clarifying amendment includes the definition of "public assembly" to mean a gathering on public property or contiguous to public or private property for a common purpose. Also, the signature of five property owners is required if the public assembly is on public property in an residentially zoned area; and no permit would be granted that allows for sound amplification on public property in a residential district.
Two weeks ago, council's issues ranged from the proposed $100 permit fee to neighborhood cooperation and excessive noise.
"We've brought this to council in the past and worked on it a couple of times," Yow said previously.
The purpose, Yow said, is to create a policy that provides for the public safety and welfare, while ensuring constitutional rights.
Changes highlighted previously by Yow include:
* A permit is not required for a spontaneous event.
* Speech content is exempted.
"We would not grant or withhold a permit based on speech content," Yow said.
* A "public assembly" of 25 or more people, meaning a planned event that interferes with traffic and/or pedestrian flow on public property, would require a permit.
* Any public assembly in a residential area would require the approval and signatures of five neighbors within 500 feet of the event.
* No permit will be given for sound amplification in residential areas.
The public hearing will be held during the next regular session of council, on April 1.
In other business, council:
* Gave second reading to two separate ordinances to annex property at 1650 John Wesley Drive and at 1656, 1658 and 1660 John Wesley Drive, also known as Manisha Court, into the city. Plans for the property call for 20 rental units on about four acres. The property would be zoned A-2 Multi-Use Residential.
Council also gave second reading to an ordinance placing newly annexed property into City Council District 2.
* Gave second reading to two separate ordinances to rezone city property at the Orangeburg County Fairgrounds from D-1 Industrial District to B-1 General Business. One ordinance refers to the property on Whaley Street and the other is for Magnolia Street property.
* Accepted the $110,500 low responsible bid from Sweatman Dock Builders to renovate the city boat landing at Edisto Memorial Gardens. The project calls for the removal and replacement of the old ramp and dock, in addition to an area for canoe and kayak takeouts. Funding is from $100,000 in state Department of Natural Resources money and a $30,000 private donation.
The actual low bidder, who had, by mistake, not considered one of the key components of the project, withdrew its bid.
* After discussion in closed, executive session, returned to open session and passed a resolution extending the mortgage maturity date for the Chamber of Commerce property. The 2.69 acres of property, including the chamber building and improvements, is mortgaged to South Carolina Bank and Trust in the principal sum of $500,000.
T&D Government Writer Tucker Lyon can be reached at e-mail at tlyon@timesanddemocrat.com or by phone at 803-533-5545.