*Please note that the current draft of the proposed ordinance has a notice requirement of two days. A previous draft included a notice requirement of three business days.
The right to engage in expressive activities is protected by the federal and state constitutions. However, local governments may put reasonable restrictions on these activities to protect public health and safety and ensure effective management of city facilities. The new permit process would cover activities meant to convey an opinion, views or ideas, such as a protest or distributing literature.
Currently, expressive activities on city property are covered under the city’s special events ordinance and groups of 50 or more people must have a special events permit. The new approach creates a stand-alone ordinance just for expressive activities and would require groups of 75 or more people to obtain a city expressive activity event permit. A permit would be required for expressive activities using city property, such as the use of public parks and public beaches, and streets and sidewalks if the participants do not follow traffic laws.
Groups needing a permit would have to submit an application at least two days before the planned activity. Applicants would not be required to notify those living and working in the surrounding area.
Applicants would need to purchase insurance coverage for the event. Insurance could be available through the city’s insurance provider. The applicant would pay the insurance premium. The amount would be determined by the insurance provider based on its assessment of the risk associated by size and nature of the expressive activity.
The city would waive all fees associated with obtaining permit and any costs for police and emergency services needed to support the activity. The applicant would be responsible for purchasing insurance coverage for the event.
At a Glance
Size of group requiring a permit
50 or more
75 or more
Permit exception for news within past 48 hours
Permit application due
90 days in advance
2 days in advance
Ability to waive permit deadline
Insurance required with permit
Applicant must obtain own insurance
Park use fee charged
Applicant to reimburse city for police and fire response costs
Neighbor notification required
Applicant agrees to pay for any loss to the city resulting from the expressive activity