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FRIENDSHIP SQUARE USE POLICY DURING FARMERS MARKET SEASON A. Definitions. For purposes of this Friendship Square Use Policy During Fanners Market Season ("Policy''). cettain words and terms used herein are defined as follows: City of Moscow Farmers Market, Farmers Market, Market. City-sponsored selling and associated activities which take place every Saturday from May through October in the downtown area which focuses on the sale of locally grown and/or value added produce and goods and which has traditionally occurred in 4'11 Street and South Jackson Street parking lot (and as shown on Attachment incorporated into this Policy). Friendship Square. The pubic pedestrian mall area in downtown Moscow immediately south of the Moscow Hotel, immediately north of the Skattaboe Building, east of the 4111 Street and South Jackson Street parking lot and west of Main Street, as designated on the Attachment incorporated into this Policy. Market day. Every Saturday during the Fanners Market Season (from May through October) during which the Market is in operation, 8:00a.m. to 1: 00 p.m. local time). Speaker(s). A person or entity whose presence in Friendship Square on a Market day is primarily for the purpose of presenting a message, activity or opportunity to the Market audience, participants, and/or members of the public and which message or activity does not compete directly with Market Vendors. This includes individuals or groups who wish to utilize Speakers Space for local arts, philanthropic, charitable, non-profit, social, and other similar purposes govemed by this Policy. Speakers Space. The area generally south of the cunent emergency access lane, playground and permanent benches in Friendship Square and n01th of the north wall of the Skattaboe building currently occupied by New Saint Andrews College and Bloom Restaurant (minus the spaces in front of the ingress/egress features) that is cutTently available for continuing use by Speakers, as described in this Policy and as shown on Attachment B. Background. Since the establishment of the Farmers Market in the early 197 0's, a p01tion of Friendship Square (adjacent to the Market) has been used during Market hours of operation for local arts, philanthropic, perfonnance, pedestrian, charitable, non-profit, social, and similar purposes. Individuals and groups in Friendship Square during Market days focus principally on getting their "message" or opportunity out to those participating in the adjacent Market (approximately 5,329 people per Market day). The City wishes to preserve part of Friendship Square the area in Friendship Square not identified and set apart as "Speakers Space'' in Attachment for the emergency access lane that runs east west through the entirety of Friendship Square so that it remains free and open for access and/or use by emergency responders. The City also desires to allow for the safe and open use of the established public playground and benches during Farmers Market hours of operation. Additionally, the non Speakers Space portion of Friendship Square to the north and south of the emergency access lane needs to remain open for visiting, foot traffic, bicycle, stroller, wheelchair, and similar movement through Friendship Square to access the Market and Main Street, and for music, atis, and other programs (including those organized or sponsored by City) that occur within Friendship Square as a multi-faceted downtown public venue. Because Moscow is an inclusive community with a deep and long-term commitment to education and diversity (in all of its aspects), the City wishes to preserve space to accommodate "messages'' and Speakers ("Speakers Space") in Friendship Square. RESOUfl ION 2012-05 FRIENDS! liP SQUARE USE DURING FARMERS MARKET APRIL 16,2012 PAGE20F4 ---PAGE BREAK--- C. Policy Purpose. The City wishes to coordinate the multiple and varied uses of Friendship Square during Market days of the Market Season. Uses include playground, pedestrian and other travel through Friendship Square, maintenance of an emergency access lane, music and arts perfonnances, demonstrations by various arts groups and the like, and presentations of various messages, ideas, philosophies and opportunities by various individuals and groups who wish access to the Market participants and members of the public on Market day. The City does not intend to control or regulate and coordinate the message or content of a Speaker's "speech" on a Market day, but rather, desires to reasonably regulate and coordinate the time, place and manner of the speech by allowing Speakers to avail themselves of the designated Friendship Square Speakers Space on Market days while continuing to coordinate and accommodate their use of Friendship Square on Market day. Also, the City desires to preserve the principally non-commercial nature of Friendship Square and the Speakers Space to the extent allowed by law. By this Policy, the City does not wish to interfere with Market Policies or activities and desires that this Policy be administered independently from any Market Policy. Additionally, because of the multiplicity of uses and because of the increased density of occupancy in Friendship Square during Market day operations, with the exception of a "service animal'' (as defined in the Americans With Disability Act 2010 Final Regulations), dogs and other animals and pets are not allowed in Friendship Square during the hours of 8:00 a.m. through 1 :00 p.m. local time on Saturdays in May through October, unless specifically authorized in writing by the City Parks and Recreation Director for a specific planned event or demonstration (such as a raptor show or magic act). D. Speakers' Activities. Within the Speakers Space, Speakers are allowed to offer infonnation, answer questions, hand out materials, participate in discussions, and/or suggest ideas relative to their cause or message in whatever lawful manner they wish. Speakers may sell or give away promotional and other articles with the sponsoring individual or group's name. logo, cause. or graphic on them. The selling of raffle or other tickets for future local events (plays, concerts, charities, fundraisers, etc.); campaign and other political activities; solicitation and acceptance of donations; fundraising; food drives; and similar commercial speech and/or activities that do not compete with Market Vendors, are allowed in the Speakers Space during Market hours. Speakers may not sell, distribute, or give away any item that is available for purchase from a Vendor in the Market. "For-profit'" individuals and groups may use the Speakers Space if their presence is not intended to and does not result in on-site sales (other than those allowed Speakers by this Policy), taking orders for merchandise and/or for paid services. For-profit concems may wish to contact the City for infonnation on how to qualify as a Vendor in the Market. Any individual or group using all or part of the Speakers Space may also move fi·eely within Friendship Square and within public spaces outside of the Market but such Speaker(s) may not conduct business, sales or Speakers activities within the Market. Speakers are allowed to place temporary structures in the Speakers Space (such as a piece of equipment, a table, or self-standing sign), so long as the structures are removed by 2:00p.m. local time on Market day. E. The Speakers Space, identified in Attachment attached to this Policy and fully incorporated herein by reference, is reserved for Speakers and Speakers activities during Market days, pursuant to this Policy. F. Alternatives to Speaker(s) Display in Friendship Square. If there is no Speakers Space available on a Market day pursuant to this Policy, the City may be contacted about using other public facilities and/or other venues or outlets for their messages, such as peaceful moving pickets or demonstrations on City sidewalks outside of the Friendship Square Speakers Space; the use of City parks and other public spaces, venues, and facilities; securing of a Vendor permit pursuant to Moscow City Code Title 9, Chapter 11; using Friendship Square during non-Market hours, etc. RESOLUTION 20 12-05 FRIENDSHIP SQUARE' US I: 0URINCi FARMERS MARKE"I APRIL 16.2012 PA(jF30F4 ---PAGE BREAK--- ATTACHMENT A " Moscow Hotel SPEAKERS SPACE Skattaboe Building RESOLUTION 2012-05 FRIENDS! liP SQUARE USE DURING FARMERS MARKFT , I ' l ' . I • r I I 1 • -I I ( t \ L 'l / APRII.l6,2012 PAGE4 OF 4 ---PAGE BREAK--- RESOLUTION NO. 2012- 05 A RESOLUTION OF THE CITY OF MOSCOW, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, ADOPTING A POLICY FOR THE USE OF FRIENDSHIP SQUARE ON MARKET DAYS DURING THE FARMERS MARKET SEASON; PROVIDING THAT THIS RESOLUTION BE EFFECTIVE UPON ITS PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW. WHEREAS, Friendship Square is City property owned, operated, and controlled by the City; and WHEREAS, Friendship Square functions, in part, as a downtown meeting place, a place for arts performances, playground and visiting uses, protests and demonstrations, and the presentation to the public of various messages, ideas, and public expressions; and WHEREAS, Moscow's Farmers Market (hereinafter ''the Market") has been in existence for many years; and WHEREAS, the Market is an integral part of various downtown Saturday activities during the months of May through October annually; and WHEREAS, multiple individuals and groups (in increasing numbers) seek to access the Fanners Market audience and patticipants (also increasing in number) by utilizing a portion of Friendship Square on Market days; and WHEREAS, the City wishes to make space in Friendship Square available to individuals and groups to allow them to present their messages, ideas, opportunities, and infonnation on Market days (Saturdays) during the Farmers Market Season; and WHEREAS, the Council believes that these Friendship Square regulations comprise Constitutionally reasonable time, place, and manner restrictions and coordination of uses in Friendship Square during Market days; and WHEREAS, the City also wishes to coordinate Friendship Square uses by reserving portions of Friendship Square for pedestrian, music, arts and other performances, visiting, emergency access, playground uses, recreation, and other uses and access to the Market and Main Street; and WHEREAS, coordination and accommodation of such multiple uses in Friendship Square on Market days are consistent with the Jaw, City goals and values, and will support Market activities without undue interference with the Market; NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Moscow as follows: The attached Friendship Square Use Policy During Farmers Market Season is hereby adopted and shall be effective upon publication according to law. PASSED AND APPROVED by the Council and Mayor of the City of Moscow, Idaho, this 16111 day of April, 2012. Rrsor.uTJON 2012-05 FlUE APRIL 16.2012 PAm·. I or4