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Home My WebLink About2019-05-14; City Council; ; Introduction of an Ordinance Amending Chapter 8.17 and Adding Chapter 8.18 to the Carlsbad Municipal Code to Establish an Expressive Activity Events Permitting Process anCA Review fl k<'-r ~ CITY COUNCIL ~ Staff Report Meeting Date: To: From: Staff Contact: Subject: May 14, 2019 Mayor and City Council Scott Chadwick, City Manager Amanda Guy, Deputy City Attorney amanda.guy@carlsbadca .gov or 760-434-2891 Neil Gallucci, Police Chief neil.gallucci@carlsbadca.gov or 760-931-2130 Kyle Lancaster, Interim Parks & Recreation Director kyle .lancaster@carlsbadca.gov or 760-434-2887 Introduction of an Ordinance Amending Chapter 8.17 and Adding Chapter 8.18 to the Carlsbad Municipal Code to Establish an Expressive Activity Events Permitting Process and Waiving Applicable Park User Fees. Recommended Action Introduce an Ordinance Amending Chapter 8,17 and Adding Chapter 8.18 to the Carlsbad Municipal Code to Establish an Expressive Activity Events Permitting Process and Waiving Applicable Park User Fees. Executive Summary At the August 28, 2018 City Council meeting, staff provided a report summarizing the city's Special Events Ordinance and permit procedures as applied to demonstrations, and compared the city's approach to the requirements of other cities. City Council directed staff to place on a future meeting agenda an expressive activity permitting ordinance that is separate from the Special Events Ordinance. At a public meeting on January 30, 2019, staff presented a version of the proposed ordinance and public feedback has since been incorporated. The proposed ordinance strikes a balance between many different interests. The ordinance reduces the barriers to individuals and groups who wish to avail themselves of their First Amendment rights through expressive activities conducted on public property. The ordinance recognizes that the City has limited resources to protect participants exercising their First Amendment rights, counter-protesters and bystanders. Therefore, some advance notice of an expressive activity event is necessary to ensure the City can develop a plan to best utilize its resources. The ordinance also recognizes that there could be competing uses for the City's public spaces and seeks to balance First Amendment expressive activity with these other uses. Finally, the administrative regulations implementing the ordinance provide for a single point of contact within the City to help facilitate expressive activity events. May 14, 2019 Item #4 Page 1 of 129 Discussion Background Demonstrations and other expressive activities are types of conduct intended to convey an opinion, views, or ideas. Examples include a march, rally, parade, procession, picket, distribution of fliers or literature, press or media, assembly, or a petition with signatures. Expressive activities are currently regulated under the Special Events Ordinance, Chapter 8.17 of the Carlsbad Municipal Code (CMC), as a type of special event. However, these events present unique regulatory issues because individuals demonstrating on city streets, sidewalks, parks, and other public areas enjoy First Amendment rights to free speech. Courts have upheld expressive activity permit requirements that balance a city's substantial interests in managing public areas with the right to exercise free speech . Permit requirements must: (1) be narrowly tailored; (2) be content-neutral time, place and manner regulations; (3) not provide overly broad discretion to public officials; and (4) provide ample alternatives for communication. A permitting ordinance must also provide an avenue for expression concerning fast-breaking events. Santa Monica Food Not Bombs v. City of Santa Monica, 450 F.3d 1022, 1047 {9th Cir. 2006). Advance noticing and permit requirements provide cities an opportunity to coordinate with event organizers and to commit staff resources to the event. They facilitate successful expressive activity events by coordinating competing uses of public spaces. They also protect the safety of event participants, and the general public, by involving police resources where necessary to manage crowds, traffic flow and parking, and to maintain access to public streets, sidewalks and parks. Proposed Expressive Activity Ordinance At the August 28, 2018 City Council meeting, staff provided a report summarizing the city's Special Events Ordinance and permit procedures as applied to demonstrations, and compared the city's approach to the requirement of other cities. See Attachment 3 for an overview of the Special Events Ordinance permitting process. City Council directed staff to place on a future meeting agenda an expressive activity permitting ordinance that is separate from the Special Events Ordinance (see Attachments 1 and 2 for the proposed ordinance and the redline/strikeout version of the ordinance). The proposed ordinance reduces approval requirements for expressive activity events while maintaining the city's ability to respond to such events as-needed. As further described below, staff considered public input on the draft ordinance and made several changes in response (see Attachment 4 for a red line of those changes). If the City Council approves the proposed ordinance, the city manager will adopt administrative regulations for permit application intake, review, and response procedures (see Attachment 5). May 14, 2019 Item #4 Page 2 of 129 Expressive Activity Event Permitting Process Under the proposed ordinance, an expressive activity event permit is required for a gathering of 75 or more persons to engage in an expressive activity1, and the use of: 1. A public park or other public area; or 2. A street or sidewalk in a manner that does not comply with traffic laws. Permit application requirements include the following (CMC § 8.18.040} (see Attachment 6 for the permit application): • the name and contact information of the event organizer, • the date(s), time(s), and location(s) where the event is to be conducted, • an estimate of the number of persons who will be participating in the event, • traffic control information for events involving full or partial street closures, • whether the event will involve the use of vehicles, animals, fireworks, pyrotechnics or a sound-amplifying system, and • proof of insurance, unless waived because: (1) the event does not present significant public liability or property damage exposure; (2) the applicant agrees to re-design or reschedule the event where such risks are present; or (3) the applicant agrees to provide limited indemnity to the city. A person requesting an expressive activity event permit must file a complete application with the city at least two days prior to the event date. CMC § 8.18.040(D}. The city may waive any permit application requirements where circumstances make it impractical or unnecessary to meet those requirements. CMC § 8.18.040(E). The city will approve a permit unless the event involves specifically enumerated traffic impacts, public facility capacity concerns, and/or a significant diversion of police resources. CMC § 8.18.050{A)(l}. In response to a completed application, the city will approve or deny a permit at least one calendar day prior to the planned event, and any denial will be made in writing. CMC § 8.18.040(A)(2}. Expressive Activity Event Permit Exceptions (see CMC § 8.18.030} An expressive activity event permit is not required for: 1. A gathering of any size on a street or sidewalk where traffic laws are followed; 2. A gathering of less than 75 persons at a public park or other public area; and 3. A gathering of 75 or more persons for a "spontaneous demonstration"2 at a public park/public area or on a street/sidewalk in a manner that does not comply with traffic laws. A "spontaneous demonstration" is an expressive activity prompted by news or affairs coming into public knowledge less than 48 hours prior to the activity. CMC § 8.18.020. For groups of 75 persons or more, limited advance notice is required without an application. At least four hours prior to the event, the event organizer must provide the police chief with their contact 1 "Expressive activity" includes conduct, the sole or principal object of which is the expression of opinion, views, or ideas. Expressive activity includes, but is not limited to, public oratory and distribution of literature. CMC § 8.18.020. 2 A "spontaneous demonstration" is an expressive activity prompted by news or affairs coming into public knowledge less than 48 hours prior to the activity. CMC § 8.18.020. May 14, 2019 Item #4 Page 3 of 129 information, the event date(s}, time(s) and location(s), and an estimate of the number of event participants.3 CMC § 8.18.030(B). Key Changes Compared to Current Process The proposed ordinance considerably relaxes the permitting requirements for expressive activity events compared to the current special events process. Some minimal permitting requirements remain so the city can successfully regulate competing uses of its public facilities and maintain safe use of its streets and sidewalks. These safeguards ensure the safety of event participants and other members of the public. Key changes include: • Raising the permitting threshold from 50 to 75 persons. • Reducing the permit application submission deadline from 90 to two days. • Reducing the advance notice requirement for "spontaneous demonstrations" from 36 hours4 to no notice/four-hour notice.5 • Waiver of insurance requirements if one of three listed criteria is met. • Waiver of any applicable park fees.6 • No application of police and emergency response costs. • No neighborhood notification requirement. The below Comparison Table provides an overview of the significant differences between the current Special Events permitting process for demonstrations and the proposed ordinance. Size of group requiring a permit Permit exception for news within past 48 hours Permit application due Ability to waive permit deadline Insurance required with permit Applicant must obtain own insurance Special Events Ordinance 50 or more Yes, 36 hours' notice 90 days in advance Yes Yes Yes Proposed 75 or more Yes, no notice or 4 hours' notice* 2 days in advance Yes May be waived* Yes, if required 3 Under Administrative Order No. 83, this information may be provided in-person, via email or via telephone. 4 Under the current Special Events Ordinance, "spontaneous demonstrations" of any size must give at least 36- hour advance notice to the police chief, and groups of more than 50 must submit a limited permit application. 5 Under the proposed ordinance, "spontaneous demonstrations" of less than 75 are subject to no permit or noticing requirements, and groups of 75 or more must provide limited information with at least four hours' notice. 6 Park user fee waivers for "spontaneous demonstrations" and permitted expressive activity events falls outside the prohibition on gifts of public funds if the waiver serves a public purpose, such as facilitating the expression of free speech on a content-neutral basis by removing financial and logistical barriers associated with the public's use of certain city park areas. May 14, 2019 Item #4 Page 4 of 129 Park use fee charged Applicant reimburses city for police and emergency response costs Neighbor notification required Indemnification required with permit Yes Yes Yes Yes (*) -Change made subsequent to Jan. 30, 2019 public meeting. 75-Person Permitting Threshold No No No No* Groups engaging in expressive activities on city property use facilities that would otherwise be available to the public for a variety of purposes. The proposed ordinance uses a 75-person expressive activity permitting threshold because organized groups of 75 or more are likely to significantly impact competing uses of the city's public facilities.7 It is also consistent with the threshold used by the City of Long Beach, which has withstood legal challenge. 8 Long Beach Area Peace Network v. City of Long Beach, 574 F.3d 1011 (9th Cir. 2009). The proposed ordinance extends to all public areas, however the city's park open space areas are generally best suited for expressive activity events with larger organized gatherings.9 The 75-person permitting threshold reflects that the city's public parks have limited open space capacities.10 Except for Poinsettia Park and Alga Norte Community Park, all major city parks have listed open space area capacities of 50-75 persons.11 Moreover, city park demonstrations are most likely to occur at Cannon Park or Magee Park due to greater public visibility. However, those parks have more limited capacities (SO-person for open space areas), limited to non- existent parking, and limited restroom facilities. They are also located along major roadways with higher speed limits, which presents traffic safety concerns for larger gatherings. The city's parks have many ongoing competing uses, such as youth sports activities and outdoor events including weddings, baby showers, memorials, birthday parties, and picnics, which may 7 By definition, a gathering of 75 or more persons subject to the expressive activity permit requirement will impact the free flow of traffic on city streets/sidewalks. See CMC § 8.18.030(A). 8 Carlsbad's smaller size in relation to Long Beach (pop. 113,952 compared to pop. 470,130) also supports the use of the 75-person threshold. As a smaller city, Carlsbad's public facilities are unlikely to accommodate more people without impacts to public access and safety. 9 The city's public parks also include indoor facilities and specific amenities such as athletic fields, basketball courts, and tennis courts. However, expressive activities are generally best suited for general passive use park areas. 10 This does not include most smaller special use areas, which are less likely to support expressive activity events. 11 Poinsettia Park has two open space areas with 100 person capacities and Alga Norte Community Park has one open space area with an 85 person capacity. The other major city community parks and special use areas include: Alga Norte Community Park, Aviara Community Park, Business Park Zone 5 Field, Cadencia Park, Calavera Hills Community Center and Park, Cannon Park, Hidden Canyon Community Park, Holiday Park, Hospitality Grove, La Costa Canyon Park, Laguna Riviera Park, Magee Park, Maxton Brown Park, Pine Avenue Community Center and Park, and Stagecoach Community Center and Park. May 14, 2019 Item #4 Page 5 of 129 be scheduled months in advance.12 The 75-person threshold ensures the city can review and, if necessary, place reasonable time, place and manner conditions on larger expressive activity gatherings that may adversely impact those competing uses . Advance Noticing/Submittal Requirements The proposed ordinance's advance noticing and application submittal requirements provide staff with a reasonable opportunity to evaluate a proposed event and to dedicate staff resources accordingly. In particular, expressive activity events or "spontaneous events" may require the assignment of police staff to maintain safe streets, sidewalks and other public spaces, and to protect competing uses of the public areas. Carlsbad has limited police staffing resources compared to larger jurisdictions, which limits its ability to deploy and dedicate public safety staff to these events without reasonable advance notice. The Carlsbad Police Department is one of the smaller police departments in San Diego County. The total number of police officers in the Carlsbad Police Department is approximately 6% of the total number in the City of San Diego. On any given day and shift, the Carlsbad Police Department averages 10 officers, including supervisors, patrolling the 39 square miles of the city. Therefore, each officer devoted to protecting event participants and the general public represents 10% of the active police force. The two-day permit application deadline is as short as possible without sacrificing the city's ability to review applications and allocate limited staff resources, as-needed, to expressive activity events.13 It is narrowly tailored considering the following city review process: (1) application review and coordination between multiple city departments; (2) an assessment of any competing uses at the public facility; (3) formulation of any reasonable time, place and manner conditions that are necessary to balance competing uses and ensure public safety; and (4) dedication of staff resources to the event, as necessary. The two-day period is also consistent with the City of Santa Monica's process, which has been upheld in court. Santa Monica Food Not Bombs v. City of Santa Monica, 450 F.3d 1022, 1047 {9th Cir. 2006). The four-hour advance notice to the police chief for "spontaneous demonstrations" with 75 or more persons similarly reflects the city's need for advance notice of minimal event information to effectively allocate staff resources. In these cases, an event organizer must only provide their contact information, the date(s), time(s), and location(s) of the event, and the estimated number of event participants. Given that fast-breaking news may require quick action by demonstrators to produce an effective message, the four-hour period was designed to allow a "spontaneous demonstration" to proceed on the same day that an event organizer provides 12 Many of the city's major parks have more than 100 days reserved annually for use of open space areas. These include Stagecoach Park (114 days); Poinsettia Park (266 days); Holiday Park (124 days); Cannon Park (127 days); and Aviara Park (103 days). 13 The city's review must also be completed at least one calendar day prior to the event. CMC § 8.18.0S0(A)(3). May 14, 2019 Item #4 Page 6 of 129 notice to the city.14 A similar four-hour noticing period was also validated in Santa Monica Food Not Bombs when applied to spontaneous demonstrations.15 Public Input The city received two letters from the ACLU, dated August 1, 2018 and January 29, 2019 (see Attachments 7 and 8), advocating for certain changes to prior versions of the draft ordinance. Attachment 9 provides an overview of the changes made in response to the ACLU letters. On January 30, 2019, at the Faraday building, staff presented a draft of the proposed ordinance to the public. The public provided feedback at the meeting and later through an on line questionnaire. Meeting attendees advocated for more lenient permitting requirements consistent with those described in the ACLU letters. Key concerns included the application of insurance requirements to expressive activities, enlarging the "spontaneous demonstration" permit exemption16, expressly limiting event organizer/event participant responsibility for third party actions, eliminating the permitting requirement, and raising the 75-person permitting threshold. The proposed ordinance addresses these concerns except for eliminating the permit requirement and raising the 75-person permitting threshold. According to the ~nline questionnaire (see Attachment 10), most of the public supported: • An expressive activity event permitting requirement with a 75-person threshold, • A permit exemption for "spontaneous demonstrations" that are responding to news occurring within the past 48 hours, • A minimum two-day deadline for expressive activity event permit applications, • Requiring applicants to pay for emergency response costs resulting from their expressive activity event, and • Requiring insurance for expressive activity events. The proposed ordinance aligns with the online feedback except for requiring applicants to pay emergency response costs applicable to their expressive activity event. Fiscal Analysis The exact fiscal impact is unknown. However, staff do not anticipate the need for additional staff resources due to historically low numbers of expressive activity events in the city. If the proposed ordinance facilitates an increased number of events, additional staff resources may be necessary to review event applications, coordinate with event organizers, and to provide event oversight and additional facility maintenance. If adopted, staff will monitor the ordinance's fiscal impact and report back to the city council if additional resources are needed. 14 If an individual does not want to wait four hours, alternatives exist for immediate action (such as sidewalk use in compliance with traffic laws or organized groups of 75 or less persons). 15 Courts have invalidated a 24-hour advance noticing requirement for events responding to fast-breaking news. Long Beach Area Peace Network v. City of Long Beach, 574 F.3d 1011 {9th Cir. 2009). 16 At the time of the January 30, 2019 meeting, the "spontaneous demonstration" exemption applied to a gathering of up to 75 persons using a public park/other public area or street/sidewalk in a manner not in compliance with usual/normal traffic regulations. May 14, 2019 Item #4 Page 7 of 129 The ordinance will also waive any applicable park user fees for "spontaneous demonstrations" and expressive activity events permitted under CMC Chapter 8.18. Parks & Recreation staff do not anticipate a substantial impact on department revenues due to the historically low numbers of expressive activity events and park user fee amounts (for example, ranging between $13-$23 per half hour for open space rental, with a two-hour minimum). Next Steps The Expressive Activity Ordinance will become effective 30 days after City Council adoption. Prior to, or concurrently with, the effective date of the ordinance, the city manager will execute Administrative Order No. 83. Environmental Evaluation (CEQA) Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore, does not require environmental review. Public Notification This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to scheduled meeting date. Exhibits 1. Proposed City Council ordinance 2. Proposed redline/strikeout version of the ordinance 3. Overview of Special Events Ordinance permitting process 4. Ordinance changes post-Jan. 30, 2019 public meeting 5. Administrative Order No. 83 6. Expressive Activity Event permit application 7. Letter from David Loy, ACLU Legal Director, to City Attorney (Aug. 1, 2018) 8. Letter from David Loy, ACLU Legal Director, to City Attorney (Jan. 29, 2019) 9. Ordinance changes in response to ACLU letters 10. Digest of online questionnaire responses May 14, 2019 Item #4 Page 8 of 129 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE TITLE 8, CHAPTER 8.17 REGARDING SPECIAL EVENTS AND CHAPTER 8.18 REGARDING EXPRESSIVE ACTIVITY AND WAIVING APPLICABLE PARK USER FEES EXHIBIT 1 WHEREAS, the city council wishes to protect the rights of the public to engage in protected free speech activities and to establish the least restrictive and reasonable, time, place and manner regulation of those activities; and WHEREAS, although individuals and groups have the right to engage in expressive activities in the city's public spaces, allowing unregulated access for such activities could easily reduce rather than increase the effectiveness of the city's public spaces as a forum for speech; and WHEREAS, groups engaging in expressive activities on city property, such as the city's public parks, use facilities that would otherwise be available to the public for a variety of purposes such as youth sports activities, and outdoor events that include weddings, baby showers, memorials, birthday parties, and picnics; and WHEREAS, only a portion of city park space is available for general, passive use because many areas are dedicated to special uses such as playgrounds, tennis courts, basketball courts, baseball fields, swimming pools, soccer fields, picnic facilities, and skateboard facilities; and WHEREAS, the city regulates the use of its public spaces to protect the public peace, health, and safety by regulating traffic, noise, aesthetics, and other impacts; and WHEREAS, successful management of expressive activity events on city property requires the dedication of public services and resources, such as from the city's police and park & recreation departments, for staff oversight and additional facility maintenance; and WHEREAS, successful management of expressive activity events on city property requires staff confirmation that the events are compatible in size and type of use with the proposed event site, considering factors such as the site's location, layout and facilities, that adequate city services are available for the events, that the events won't interfere with the city's ability to provide services to the entire community, and that impacts between competing uses ofthe public space are minimized; and WHEREAS, the city council wishes to establish a streamlined permitting process for expressive activities that balances the public's right to engage in such activities with the city's substantial interests May 14, 2019 Item #4 Page 9 of 129 EXHIBIT 1 in ensuring public peace, health, and safety on public streets, sidewalks and other public areas, and in managing competing uses of city facilities by the public. NOW, THEREFORE, the City Council of the City of Carlsbad, California, does ordain as follows that: SECTION I: The above recitations are true and correct. SECTION II: Carlsbad Municipal Code Chapter 8.17 is amended to read as follows: Sections: 8.17.010 8.17.020 8.17.030 8.17.040 8.17.050 8.17.060 8.17.070 8.17.080 8.17.090 8.17.100 8.17.110 8.17.120 8.17.130 8.17.140 8.17.150 8.17.160 8.17.170 8.17.180 8.17.190 8.17.200 8.17.210 8.17.220 8.17.010 Purpose and intent. Definitions. Permit required. Chapter 8.17 SPECIAL EVENTS Exceptions to special event permit requirement. Special events committee. Application. Fees. Police protection and other emergency services. Release and indemnification requirement. Insurance requirements. Signs. Notification. Reasons for denial of a special event permit. Notice of denial of application. Alternatives to permit application. Appeal procedure. Notice to city and other officials. Special events calendar. Contents of permit. Violations. Revocation of permit. Severability. Purpose and intent. The city council recognizes that special events enhance the city's lifestyle and provide benefits to area residents, visitors, and businesses through the creation of unique venues for expression, recreation, and entertainment that are not normally provided as a part of governmental services. However, the city council also recognizes that special events, if unregulated, can have an adverse effect on the public health, safety and welfare due to noise, traffic, safety, and health hazard impacts. The purpose and intent of this chapter is to set forth reasonable regulations by establishing a process for permitting special events within the city, to protect the rights and May 14, 2019 Item #4 Page 10 of 129 EXHIBIT 1 interest granted to special event permit holders, to ensure the health and safety of patrons of special events, to prohibit illegal activity from occurring within special event venues, and to minimize any adverse effects from special events while ensuring the orderly and efficient use of public property and city services. It is further intended to create a mechanism for cost recovery for special events without having an adverse effect on those special events that contribute to the community. It is also the intent of the council to protect the rights of citizens to engage in protected free speech expression activities and yet allow for the least restrictive and reasonable, time, place and manner regulation of those activities within the overall context of rationally regulating special events that have an impact upon public facilities and services. 8.17.020 Definitions. Except where the context otherwise requires, for the purposes of this chapter, Chapter 8.17 et seq., the following definitions apply: "Affected parties" means businesses and residents located within 300 feet of the area around the special event that are likely to experience impact from the special event. "City manager" means the city manager or authorized designee. "Demonstration" means any formation, procession or assembly of persons for the purposes of expressive activity. "Event" means a special event. "Event organizer" means any person who conducts, manages, promotes, organizes, aids or solicits attendance at a special event. "Expressive activity" includes conduct, the sole or principal object of which is the expression of opinion, views, or ideas. Expressive activity includes, but is not limited to, public oratory and distribution of literature. "Major event" means a special event that requires a traffic control plan for three or more intersections of any street or requires a traffic control plan for a secondary arterial, major arterial or a prime arterial. "Minor event" means a special event that does not require a traffic control plan or that requires a traffic control plan for two or fewer intersections and does not involve a secondary arterial, major arterial or a prime arterial. "Parade" means any march, procession or motorcade consisting of persons, vehicles or a combination thereof, upon any street, sidewalk, public park, or other public area within the city. "Parks and recreation director" means the director of parks and recreation or authorized designee. "Permittee" means a pe rson to whom a special events permit has been issued. "Person" means any person, firm, partnership, association, corporation, company or organization of any kind. May 14, 2019 Item #4 Page 11 of 129 EXHIBIT 1 "Police chief" means the chief of police or authorized designee. "Private property permit" means a minor event administrative permit issued by the community and economic development director for a function held entirely on private property that does not require a use of public property in a manner which impacts or restricts the public's normal or typical use of such property or does not comply with the normal or usual traffic regulations or controls or that require the provision of extraordinary city services and are therefore not governed by this chapter. "Public assembly" means any meeting, picket line, rally or gathering of any kind that occupies any street, sidewalk, public park, or other public area within the city. "Sidewalk" means any area or way set aside or open to the general public for purposes of pedestrian travel, whether or not it is paved. "Sound-amplifying system" means any system, apparatus, equipment, device, instrument or machine designed for or intended to be used for the purpose of amplifying the sound or increasing the volume of human voice, musical tone, vibration or so und wave. "Special event" means: 1. Any organized formation, parade, procession or public assembly consisting of 50 or more persons, and which may include animals, vehicles or any combination thereof, which is to assemble or travel in unison on any street which does not comply with normal or usual traffic regulations or controls; or 2. Any commercial or noncommercial organized assemblage of 50 or more persons at any public beach, public park, public water ways, street, or sidewalk which is to gather for a common purpose under the direction and control of a person; or 3. Any other organized activity conducted by a person for a common or collective use, purpose or benefit which involves the use of, or has an impact on, other public property or facilities and the provision of city public safety services in response thereto; 4. Examples of specia l events include concerts, parades, circuses, fairs, festivals, block parties, community events, fireworks, mass participation sports (such as marathons and running events, bicycle races or tours, tournaments), or spectator sports (such as football, baseball and basketball games, golf tournaments, surfing contests or other water competitions). 5. Organized formations, parades, processions, public assemblies, demonstrations and activities for which the principal purpose is expressive activity are not included in this definition. "Special event permit" means a permit as required by this chapter. "Street" means any place or way set aside or open to the general public for purposes of vehicular traffic, including but not limited to any berm or shoulder, parkway, public parking lot, right-of-way, alley or median. May 14, 2019 Item #4 Page 12 of 129 EXHIBIT 1 8.17.030 Permit required. No person shall engage in or conduct any specia l event unless a special event permit is issued by the city manager or authorized designee. 8.17.040 Exceptions to special event permit requirement. A special event permit is not required for any of the following: A. Any organized activity within the scope of a conditional use permit, other land use approval or a private property permit given or required for that use; or B. Lawful picketing; or C. Funeral processions by a licensed mortuary; or D. Activities conducted by a government agency acting within the scope of its authority. 8.17.050 Special events committee. A. The special events committee shall be comprised of the assistant city manager, community and economic development director, transportation director, fire chief, police chief, housing and neighborhood services director, parks and recreation director and risk manager or their designated representatives. The parks and recreation director will chair the committee. B. The special events committee is charged with reviewing and providing recommendations to the city manager regarding the approval or modification of an application for a special event permit based upon the information required in the application with regard to considerations of public safety, traffic flow and control, the disruption to residences and businesses; availability of resources of city personnel and equipment to adequately ensure the public health, safety and welfare. C. The special events committee shall not recommend for approval a new event for the date, time or location of a previously established reoccurring event unless the applicant of the previously established reoccurring event notifies the city of their intent to not hold the event or no application has been received by the city at the minimum application filing date. 8.17.060 Application. A. A person requesting a special event permit shall file an application, certified by affidavit on forms provided by the parks and recreation department. The parks and recreation director will forward the application to the special events committee for review and recommendation to the city manager. B. The application shall be filed at least 90 days and not more than two years before the special event is proposed to commence. The minimum 90-day notice requirement may be May 14, 2019 Item #4 Page 13 of 129 EXHIBIT 1 waived by the parks and recreation director upon written finding that the limited scope of the event, both in size and magnitude, allows it to be adequately reviewed in the time provided. C. The application for a special event permit shall set forth all of the following information, if applicable: 1. The name, address, e-mail address and telephone number of the applicant and event organizer and its officers; 2. The names, addresses and telephone numbers of the headquarters of any organization for which the special event is to be conducted, and proof of the authorized representatives of the organization; 3. An acknowledgment of financial responsibility for any city fees or costs that may be imposed for the special event by the applicant and any person authorizing the applicant to apply for the permit on its behalf; 4. A description of the nature or purpose of the special event, including a description of activities planned during the special event; 5. A statement of fees to be charged participants in the special event; 6. Identification of the Carlsbad location where special event sales will be reported to the franchise tax board, a City of Carlsbad business license or a copy of a document showing proof the applicant is a tax-exempt non-profit organization; 7. Proof of insurance required by this chapter; 8. The date(s), time(s), and location(s) where the special event is to be conducted, including assembly and disbanding; 9. A site plan including but not limited to: a. Portable structures, b. Prefabricated structures, c. Site-built structures, d. Staging, e. Reviewing stand(s), f. Elevated· platforms, g. Temporary pedestrian bridges, h. Tents or canopies, i. On-site grading, j. Portable restrooms, k. All on-site signs and banners that have a face area larger than 16 square feet and/or stand more than four feet above the ground, I. Any travel routes, May 14, 2019 Item #4 Page 14 of 129 EXHIBIT 1 m. Assembly or production areas, n. Electrical sources and connections, o. Fuel storage, p. Cooking and open fires, q. Water supply, r. Run-off containment features, s. Waste recycling containers, t. Accessible parking, u. Access points and routes for disabled persons, v. Access points for emergency fire and ambulance equipment, w. Emergency medical services area(s), x. Any vehicles located in an enclosed area, y. Pyrotechnics, z. lnflatable(s), aa. Animals and animal rides, bb. Carnival rides, cc. Location to accommodate individuals desiring to express opinions not consistent with the purpose or intent of the event, and dd. Other similar information that will describe the components of the event; 10. The location and description of all off-site signs, banners or attention getting devices; 11. A detailed traffic control plan (TCP) for a major event and parking management plan, consistent with standards set forth in the National Manual on Uniform Traffic Control Devices or the California Supplement to the National Manual on Uniform Traffic Control Devices for all streets, sidewalks and parking lots which the special event will impact by restricting the public's normal, typical or customary use thereof; 12. The approximate number of participants, spectators, animals and vehicles; 13. The number of persons proposed or required to monitor or facilitate the special event and to provide spectator or participant control and direction for events using city streets, sidewalks, or facilities; 14. Provisions for first aid and emergency medical services; 15. The number, type and location of sanitation facilities; 16. Provisions for recycling per Public Resources Code Sections 42648 through 42648.7; May 14, 2019 Item #4 Page 15 of 129 EXHIBIT 1 17. Pollution prevention in compliance with city's municipal National Pollutant Discharge Elimination System permit, city ordinances and the city "Jurisdictional Urban Runoff Management Plan (JURMP)"; 18. A description of any recording equipment, sound amplification equipment, or other attention-getting devices to be used in connection with the special event. D. Applicants for a· repeated event held on private property (such as fireworks) may file one annual special event application identifying the event dates for one calendar year. 8.17.070 Fees. A. Major Event Fee. A nonrefundable fee, as set forth in the schedule of se rvice costs approved by city council resolution, reasonably calculated to reimburse the city for its reasonable and necessary costs in receiving, processing and reviewing applications for permits to hold a major event, must be paid to the City of Carlsbad when an application is filed. B. Minor Event Fee. A nonrefundable fee, as set forth in the schedule of service costs approved by city council resolution, reasonably calculated to reimburse the city for its reasonable and necessary costs in receiving, processing and reviewing applications for permits to hold a minor event, must be paid to the City of Carlsbad when an application is filed. C. If the application includes the use of any city facility and/or property, or if any city services are required for the special event, the applicant must agree to pay for the services in accordance with a schedule of service costs approved by city council resolution. D. Third Party Fee. If the permittee provides for or allows third party vendors to participate in the special event, the permittee shall pay an additional nonrefundable fee, as set forth in the schedule of service costs approved by city council resolution, reasonably calculated to reimburse the city for its actual and necessary costs in receiving, processing and reviewing the application that includes third party vendors. The amount of the additional fee shall be established by resolution of the city council and shall be based on whether the application is for a major or minor event. 8.17.080 Police protection and other emergency services. A. · The police chief will determine whether and to what extent additional police protection, civilian traffic control personnel, private security and volunteer staff are reasonably necessary to ensure traffic control and public safety for the special event. The police chief will base this decision on the size, location, duration, time and date of the special event, the expected sale or service of alcoholic beverages, the number of streets and intersections blocked off from use by the public, and the need to detour or preempt pedestrian and vehicular travel from the use of public streets and sidewalks. The police chief shall provide, if police protection and/or other emergency and safety services or equipment is deemed necessary for the special event, an estimate of the cost of extraordinary city services and equipment required in writing. The applicant will be billed for services after the event. May 14, 2019 Item #4 Page 16 of 129 EXHIBIT 1 B. When the police chief is determining the size of the event and the security needed to protect participants and spectators, the estimate, based upon reasonably known information, of participants shall be determinative. The numbers of persons attending in response to an event, to heckle, protest or oppose the sponsor's viewpoint shall not be considered in the cost of providing police protection. 8.17.090 Release and indemnification requirement. Permittee agrees to waive and release the City of Carlsbad and its officers, agents, employees and volunteers from and against any and all claims, costs, liabilities, expenses or judgments including attorney's fees and court costs arising out of the activities of this special event or any illness or injury resulting therefrom, and hereby agree to indemnify and hold harmless the City of Carlsbad from and against any and all such claims, whether caused by negligence or otherwise, except for illness and injury resulting directly from gross negligence or willful misconduct on the part of the city or its employees. 8.17.100 Insurance requirements. Whenever a special event, including but not limited to exhibits, fairs, athletic events, trade shows, concerts, or conventions, requires a permit under the provisions of this code, the sponsor, event organizer or person conducting the special event shall provide evidence of commercial general liability insurance in a form acceptable to the risk manager (and additional coverage(s) as appropriate for the activities of the event), naming the City of Carlsbad as an additional insured, and with a coverage amount to be determined by the risk manager according to the size and risk factors of the event. When determining the size of the event and the risk to participants and spectators, the estimate of participants shall be determinative. The person conducting the special event shall not be required to insure any risk arising from persons attending in response to an event, to heckle or oppose the sponsor's viewpoint. The insurance company or companies shall meet the requirements established by city council resolution for all insurance required by the city. The insurance policy required by this section shall not be cancelled, limited or not renewed without 30 days' prior written notice has been given to the city. 8.17.110 Signs. A. The permittee shall post street closure notification signs at locations approved by the city manager which include the name of the event, date, time and location of the closure and which: 1. Shall not exceed 16 square feet in sign area with a minimum letter size of four inches; 2. Shall be posted on any street on which more than two intersections will be closed, and any secondary arterial, major arterial, or prime arterial that will be closed as a result of the special event; May 14, 2019 Item #4 Page 17 of 129 EXHIBIT 1 3. Shall be posted a maximum of 15 days and a minimum of 10 days prior to the scheduled closure; and 4. Shall be removed within two days following the conclusion of the event. B. The permittee may post a maximum of eight signs that promote the event at locations approved by the city manager. Event promotion signs shall meet the following conditions: 1. The event promotion sign(s) shall not exceed 16 square feet in sign area; 2. Shall not be posted more than 16 days prior to the event; and 3. Shall be removed immediately but in no event more than two days following the event. C. The permittee shall post traffic control and/or directional signs the day or days of the specia l event as required by the permit. Traffic control and/or directional signs shall meet the following conditions: 1. The location of all traffic control and/or directional signs shall require approval of the city manager; and 2. Traffic control and/or directional signs shall not be posted more than four hours prior to the start of the special event and shall be removed not more than four hours after the conclusion of the special event. Any sign(s) left out after four hours may be removed by city staff and disposed of without compensation to event organizer. D. The permittee for a special event permit may post signs and banners during the special event at the special event venue. 1. All venue sign(s) with more than 16 square feet of sign area or signs that are more than four feet above ground level shall be identified on the site plan. 2. Each venue signs and/or banners shall be less than 50 square feet of sign area. · E. Signs stating "no parking/tow away" shall be posted 72 hours in advance of the event start time. 8.17.120 Notification. A. The applicant for: 1. A first time major event; 2. A major event that has not been held for more than two years; 3. A first time event at a city facility that is not authorized by facility use permit; or 4. An event at a city facility that is not authorized by facility use permit and that has not been held for more than two years; shall sponsor a meeting for all affected parties. This meeting must be held not more than 180 days prior or less than 80 days prior to the special event date. Affected parties must be notified by the applicant via the United States Postal Service or by direct distribution to all affected parties of the meeting a minimum of 10 days prior to the meeting. The purpose of this meeting will be to allow May 14, 2019 Item #4 Page 18 of 129 EXHIBIT 1 the special event sponsor to identify and address concerns of affected parties regarding the time, place and manner in which the special event is to be held. Concerns regarding the message or viewpoint of the event sponsor shall not be considered. The parks and recreation director may waive the minimum 80-day time limit for the affected party meeting with a written finding of good cause if, after due consideration, the parks and recreation director determines that because of the limited scope and complexity of the event when considering the application criteria, there will be adequate time for review by and input of concerned affected parties. B. The applicant for a major special event permit that is not subject to the notification described in subsection A shall notify all affected parties of the event not more 40 days nor less than 30 days prior to the special event date via the United States Posta l Service or by direct distribution to all affected parties. The notification shall contain information concerning the event and information on how to contact the applicant and the special events committee before and after the event. C. All applicants for a special event permit shall notify via the United States Postal Service or by direct distribution to all affected parties of the event not more than 15 days prior or less than 10 days prior to the special event date with information concerning the event and information on how to contact the applicant and the special events committee before and after the event. 8.17.130 Reasons for denial of a special event permit. A. The city manager may only deny a special event permit to an applicant when any of the following applies: 1. The application for the permit (including any attachments) is not fully completed and executed. 2. The application for the permit contains a material falsehood or misrepresentation. 3. The applicant has failed to conduct a previously authorized event in accordance with law or the terms of a permit, or both. 4. The use or activity would conflict with previously planned programs organized and conducted by the city and previously scheduled for the same place and time. 5. A fully executed prior application for the same time and place has been received and a permit has been or is likely to be granted authorizing uses or activities which do not reasonably permit multiple occupancy of the particular site or part thereof. 6. The applicant has not complied or cannot comply with applicable federal, state or local laws, regulations, ordinances or city council policy. 7. The applicant has not tendered the required application, indemnification agreement and endorsement(s), insurance certificate, or security deposit for police and emergency services and equipment within the times prescribed. May 14, 2019 Item #4 Page 19 of 129 EXHIBIT 1 8. The applicant has not provided for the services of a required number of police officers, fire and/or paramedic personnel, private security, civilian traffic controllers or event volunteers/staff to ensure the safety of the event. 9. The applicant has not provided adequate sanitation and other required health facilities on or adjacent to any public assembly area. 10. The applicant has not provided sufficient off-site parking or shuttle service, or both, required to minimize any adverse impacts on public parking and traffic circulation in the vicinity of the special event. 11. The applicant has not obtained the approval of any other public agency within whose jurisdiction the special event or portion thereof will occur. 12. The use or activity would present an unreasonable danger to the health or safety of the applicant, other users of the site, or the public. 13. The special event will require the exclusive use of beach or park areas during any period in a manner which will have adverse impact on the reasonable use or access to those areas by the general public. 14. The special event will create the imminent possibility of violent disorderly conduct likely to endanger public health, safety and welfare or to result in property damage. 15. The specia l event will interfere with the normal access and function of businesses and/or residences during any period in a manner, which will have adverse impact on the reasonable use or access to those areas. 16. The special event will require the diversion of a great number of police employees from their normal duties, thereby preventing reasonable police protection to the remainder of the city. 17. The conduct of the specia l event will substantially interrupt the safe and orderly movement of other pedestrian or vehicular traffic, including public transportation, contiguous to its route or location. B. The city manager shall not deny a special event permit to an applicant based upon the message, content or viewpoint of the event sponsor. 8.17.140 Notice of denial of application. The city manager will act promptly upon a timely filed application for a special event permit and will make a determination not less than 28 calendar days prior to the event. The applicant will be notified within two working days of sa id determination. If the city manager does not act on a special event application at least 28 calendar days prior to the event, the application shall be deemed denied. 8.17.150 Alternatives to permit application. May 14, 2019 Item #4 Page 20 of 129 EXHIBIT 1 The city manager, in denying an application for a special event permit, may authorize the conduct of the special event at a date, time, location, or route different from that named by the applicant and shall propose alternative measures, which would cure any defects in the application. An applicant desiring to accept the modifications to the application will, within five days after notice of the action of the city manager, file a written notice of acceptance with the city manager. 8.17.160 Appeal procedure. A. Any applicant has the right to appeal the denial of a special event permit to the city council. The denied applicant must make the appeal within five days after receipt of the denial by filing a written notice with the city clerk and a copy of the notice with the police chief. The city council will act upon the appeal at the next regularly scheduled meeting following receipt of the notice of appeal, which decision will be final. B. In the event that the city council denies an applicant's appeal, the applicant shall be afforded prompt judicial review of that decision as provided by California Code of Civil Procedure Section 1094.8. 8.17.170 Notice to city and other officials. Immediately upon the issuance of a specia l event permit, the parks and recreation director will send a notice thereof to the city manager, the city attorney, the police chief, the fire chief, the utilities director, the community and economic development director, and the manager or responsible head of each public transportation utility, the regular routes of whose vehicles will be affected by the route or location of the proposed special event. 8.17.180 Special events calendar. The city will maintain a special events calendar. Events will be registered on the special events calendar as "approved" or as "pending." 8.17.190 Contents of permit. Each special event permit will contain the following information or conditions, which is pertinent to the event: A. The dates and times when the special event is to be held; B. The dates and time roads will be closed; C. The set-up or staging time; D. The time clean-up or dismantling will be completed; E. The location of the special event venue, including set-up or staging area, if any, and clean-up or dismantling area, if any; May 14, 2019 Item #4 Page 21 of 129 EXHIBIT 1 F. The specific route of the special event; G. The number of persons, and type and number of animals and vehicles, the number of bands, other musical elements and equipment capable of producing sound, if any, and noise limitations thereon; H. The location of reviewing or audience stands; I. A copy of the traffic control plan (TCP) and/or parking management plan including the number and location of traffic controllers, monitors, other personnel and equipment and barricades to be furnished by the special event permittee; J. Conditions or restrictions on the use of alcoholic beverages and authorization for the conditions oft he exclusive control or regulation of vendors and related sales activity by the permittee during the special event; K. Provisions for any required emergency medical services; L. The applicant's recycling plan; M. The applicant's plan to control water run-off and other contaminates that may enter the city storm drain system; N. Provisions for cleaning-up and restoration of the area or route of the event both during and upon completion of the event; 0. The requirement for the on-site presence of the event organizer or a designated representative for event coordination and management purposes who shall carry the special event permit upon his or her person during the special event. 8.17.200 Violations. A. Violations of the terms and conditions of any of the following prohibitions in this chapter will constitute a misdemeanor punishable by a fine of up to $1,000.00, or by imprisonment in the county jail for a term not exceeding six months, or by both: 1. To stage, present, or conduct any special event without first having obtained a permit under this chapter; 2. To hamper, obstruct, impede, or interfere with any special event or with any person, vehicle or animal participating or used in the special event; 3. To carry any sign, poster, plaque, or notice, whether or not mounted on a length of material, unless such sign, poster, plaque, or notice is constructed or made of a cloth, paper, or cardboard material; 4. For any person participating in any special event to carry or possess any length of metal, lumber, wood, or similar material for purposes of displaying a sign, poster, plaque or notice, unless such object is one and one-fourth inch or less in thickness and two inches or less in width, or if not generally rectangular in shape, such object may not exceed three-fourths inch in its thickest dimension. May 14, 2019 Item #4 Page 22 of 129 EXHIBIT 1 B. Violations of the terms and conditions of any of the following prohibitions in this chapter will constitute an infraction and shall be punished as provided for in Chapter 1.08 of this code: 1. To participate in a special event for which the person knows a permit has not been granted; 2. To knowingly fail to comply with any condition of the permit; 3. For a participant in or spectator at a special event to knowingly violate any conditions or prohibitions contained in the special events permit; 4. For any driver of a vehicle to drive between the vehicles or persons comprising a special event when the vehicles or persons are in motion and are conspicuously designated as a special event; 5. The police chief may prohibit or restrict the parking of vehicles along a street constituting a part of a special event if the police chief posts or cause to be posted signs to that effect. It is unlawful for any person to park or leave unattended any vehicle in violation of the posted signs. C. The police chief may, when reasonably necessary, waive parking regulations along a street constituting a part of a special event. 8.17.210 Revocation of permit. The police chief may revoke a special event permit without prior notice upon violation of the permit or when a public emergency arises where the police resources required for that emergency are so great that deployment of police services for the special event would have an immediate and adverse effect upon the health, safety and welfare of persons or property. Written notice of the revocation setting forth the reasons therefor, shall be hand delivered or mailed to the applicant at the address provided on the application. 8.17.220 Severability. If any section, subsection, sentence, clause or phrase of this chapter is for any reason held invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision will not affect the validity of the remaining portions of this chapter. The city council declares that it would have passed the ordinance codified in this chapter and each section, subsection, sentence, clause or phrase contained in it irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases are declared invalid or unconstitutional. May 14, 2019 Item #4 Page 23 of 129 SECTION Ill: Carlsbad Municipal Code Chapter 8.18 is amended to read as follows: Sections: 8.18.010 8.18.020 8.18.030 8.18.040 8.18.050 8.18.060 8.18.070 8.18.080 8.18.010 Purpose and intent. Definitions Permit Required Application Chapter 8.18 EXPRESSIVE ACTIVITY Permit approval or denial Administrative regulations. Violations Severability Purpose and intent. EXHIBIT 1 Establish a streamlined permitting process for expressive activities that balances the public's right to engage in such activities with the city's substantial interests in ensuring the public's · peace, health, and safety and managing competing uses of city facilities by the public. 8.18.020 Definitions. Except where the context otherwise requires, for the purposes of this chapter, Chapter 8.18 et seq., the following definitions apply: "City manager" means the city manager or authorized designee. "Demonstration" means any formation, procession, or assembly of persons for the purposes of expressive activity. "Event" means a parade or public assembly for the purposes of expressive activity. "Event organizer" means any person who conducts, manages, promotes, organizes, aids or solicits attendance at an expressive activity event. "Expressive activity" includes conduct, the sole or principal object of which is the expression of opinion, views, or ideas. Expressive activity includes, but is not limited to, public oratory and distribution of literature. "Expressive activity event permit" means a permit as required by this chapter. "Parade" means any march, procession or motorcade consisting of persons, vehicles or a combination thereof, upon any street, sidewalk, public park, or other public area within the city. "Police chief" means the chief of police or authorized designee. "Public assembly" means any meeting, picket line, rally or gathering of any kind that occupies any street, sidewalk, public park, or other public area within the city. May 14, 2019 Item #4 Page 24 of 129 EXHIBIT 1 "Sidewalk" means any area or way set aside or open to the general public for purposes of pedestrian travel, whether or not it is paved. "Sound-amplifying system" means any system, apparatus, equipment, device, instrument or machine designed for or intended to be used for the purpose of amplifying the sound or increasing the volume of human voice, musical tone, vibration or sound wave. "Spontaneous demonstration" means an expressive activity occasioned by news or affairs coming into public knowledge less than 48 hours prior to the activity. "Street" means any place or way set aside or open to the general public for purposes of• vehicular traffic, including but not limited to any berm or shoulder, parkway, public parking lot, right-of-way, alley or median. "Risk manager" means the risk manager or authorized designee. 8.18.030 Permit required. A. An expressive activity event permit is required prior to conducting a demonstration or other event with the principal purpose of engaging in expressive activity, where the activity involves a gathering of 75 or more persons and any of the following: 1. The use of any public park or other public area; or 2. · The use of any street or sidewalk in a manner that does not comply with normal or usual traffic regulations or controls. B. An expressive activity event permit is not required for a spontaneous demonstration that meets the criteria of Section 8.18.030(A) if the event organizer provides at least four hours prior notice to the police chief of the date(s), time(s), and location(s) where the event is to be conducted, their contact information, and an estimate of the number of persons that will be participating. C. Regardless of whether an expressive activity event permit is required, all persons that participate in an expressive activity event must comply with all applicable state and local laws and regulations. 8.18.040 Application. A. A person requesting an expressive activity event permit shall file an application on forms provided by the city manager. The city will not process an incomplete application unless the applicant obtains a waiver of applicable requirements. B. The application for an expressive activity event permit shall set forth all of the following information: 1. The name, address, email address and telephone number of the event organizer. If the event organizer is a non-individual or corporate entity, the application must identify an individual that will act as the primary contact for the event. 2. The date(s), time(s), and location(s) where the expressive activity is to be conducted. May 14, 2019 Item #4 Page 25 of 129 EXHIBIT 1 3. An estimate of the number of persons who wil l be participating in the event. 4. If the event requires full or partial street or sidewalk closures, the applicant shall provide the following information: a. Whether the event intends to occupy all or only a portion of the streets and/or sidewalks proposed to be traveled; and b. A proposed traffic control plan describing how the applicant proposes to accommodate both the public's normal, typical, or customary use of any sidewalk, street, or parking lot and the event. 5. Whether the event will involve the use of vehicles, animals, fireworks, pyrotechnics or a sound-amplifying system. 6. Proof of commercial general liability insurance in a form acceptable to the risk manager (and additional coverage(s) as appropriate for the activities of the event), naming the City of Carlsbad as an additional insured, and with a coverage amount to be determined by the risk manager according to the size and risk factors of the event. The insurance policy required by this section shall not be cancelled, limited or not renewed without 30 days' prior written notice has been given to the city. Notwithstanding the foregoing, proof of insurance will be waived by the city manager in any of the following circumstances: a. The event does not present significant public liability or property damage exposure for the city, based on a lack of personal injury or property damage claims being awarded against previous events in the city that are similar in nature to the proposed event; b. The applicant agrees to redesign or reschedule the permitted event to respond to specific risks, hazards or dangers to the public health and safety identified by the city manager as being reasonably foreseeable consequences of the event; or c. The applicant agrees to indemnify, protect, defend and hold harmless the city, its officers and employees against all claims, damages, expenses, loss or liability of any kind or nature whatsoever arising out of, or resulting from, the alleged acts or omissions of permittee, its officers, agents or employees in connection with the permitted event. C. The applicant shall acknowledge in the application that if City property is destroyed or damaged by permittee's use, event or activity and the damage or destruction is directly attributable to the permittee, the permittee shall reimburse the City for the actual rep lacement or repair cost of the destroyed or damaged property. D. The application shall be filed no later than two days before commencement of the event. E. The city manager may waive any of the permit application requirements where circumstances make it impractical or unnecessary to meet those requirements. May 14, 2019 Item #4 Page 26 of 129 EXHIBIT 1 8.18.050 Permit approval or denial. A. The city manager shall act on all complete applications in the following manner: 1. After review of the application and receipt of all required documents, the city manager shall issue the expressive activity event permit unless the city manager finds that approving the permit would be contrary to the public peace, health, safety, or welfare for one or more of the following reasons: a. The event will unduly interfere with ingress to, or egress from, or travel on a freeway or state designated highway; b. The event requires a temporary street closure that will unduly interfere with the orderly and safe movement of traffic or the provision of public services, and the applicant is unable or unwilling to modify the event's scope, location, date, time, or duration to minimize such impact; c. Due solely to the number of event participants and their impact on normal traffic or pedestrian flow, the event will require a significant diversion of police officers such that police protection for other areas of the city may be adversely impacted, and the applicant is unable or unwilling to modify the event's scope, location, date, time, or duration to minimize such impact; or d. The anticipated number of event participants would exceed the safe capacity of the public park or other public area where the event is proposed. 2. The city manager may impose conditions on approval of the expressive activity event permit as he or she determines to be reasonably necessary to protect the public peace, health, safety, or welfare. In imposing such conditions, the city manager may not consider the message of the event, the content of the speech, the identity or associational relationships of the applicant, or to any assumptions or predictions as the amount of hostility which may be aroused in the public by the content of the speech or message conveyed by the event. 3. The city manager will act promptly on a timely filed and complete application and will make a determination not less than one calendar day prior to the event. Any permit denial shall be made in writing. B. An applicant has the right to appeal the denial of an expressive activity event permit to the city council. The denied applicant shall use the following procedures: 1. The denied applicant must make the appeal within five days after receipt of the denial by filing a written notice with the city clerk and a copy of the notice with the police chief. The city council will act upon the appeal at the next regularly scheduled meeting following receipt of the notice of appeal, which decision will be final. 2. In the event that the city council denies an applicant's appeal, the applicant may seek judicial review of the city council's decision pursuant to California Code of Civil Procedure Section 1094.8. May 14, 2019 Item #4 Page 27 of 129 EXHIBIT 1 8.18.060 Administrative regulations. The city manager may adopt administrative regulations that are consistent with and that further the terms and requirements set forth within this Chapter. All such administrative regulations must be in writing. 8.18.070 Violations. Conducting or participating in an unpermitted event for which a permit is required by this chapter, where the person knows a permit has not been granted, will constitute an infraction and shall be punished as provided for in Chapter 1.08 of this code. 8.18.080 Severability. If any section, subsection, sentence, clause or phrase of this chapter is for any reason held invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision will not affect the validity of the remaining portions of this chapter. The city council declares that it would have passed the ordinance codified in this chapter and each section, subsection, sentence, clause or phrase contained in it irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases are declared invalid or unconstitutional. SECTION IV: The city council finds that the waiver of applicable park user fees for "spontaneous demonstrations" and expressive activity events serves the public purpose of facilitating the expression of free speech on a content-neutral basis by removing financial and logistical barriers associated with the public's use of certain city park areas. The city council hereby waives any applicable city park facility user fees, as reflected in the city's Parks and Recreation Master Fee Schedule, as it may be amended from time to time, for "spontaneous demonstrations" and expressive activity events permitted under Carlsbad Municipal Code Chapter 8.18. May 14, 2019 Item #4 Page 28 of 129 EXHIBIT 1 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the __ _ day of ____ _, 2019, an,d thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the_ day of ___ _, 2019, by the following vote, to wit: AYES: NAYS: ABSENT: APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, City Attorney MATT HALL, Mayor BARBARA ENGLESON, City Clerk (SEAL) May 14, 2019 Item #4 Page 29 of 129 EXHIBIT 2 "Demonstration" means any formation, procession or assembly of 50 or more persons which, for the purposes of expressive activitY.:.....i&.- 1. To assemble or travel in unison on any street in a manner that does not comply with normal traffic regulations or controls; or 2. To gather at a public park or other public area. "Event" means a includes special event or a demonstration. "Event organizerpromoter" means any person who conducts, manages, promotes, organizes, aids or solicits attendance at a special event. "Expressive activity" includes conduct, the sole or principal object of which is the means expression of opinion , views, or ideas~ and for which no fee or donation is_s,r}lf.9ed or required as a condition of participation in or attendance at such activity. ltExpressive activity;.includes, but is not limited to, public oratory and distribution of literature. ,('· /7 "Major event" means a special event that requires a traffic ct>hittcifp'.l~e, for three or more intersections of any street or requires a traffic control plan for a secqndar{ artei-ial,-s r:n_ajor arterial or a prime arterial. /,.~· ?2/ ', r :;~~~-:~ "Minor event" means a special event that does not/require a traffic coritf-¢1_:Rlan or that requires a traffic control plan for two or fewer intersections anfaoes not involve a secoilHary arterial, major arterial or a prime arterial. \::{{:,, _ '••:??).\~ "Parade" means any march, procession or motorcaae::t onsisting<df: persons, vehicles or a combination thereof,. upon any street, sidewalk, public park, or othh puolfc(ar~a within the c'itay;:;,_ -;•✓?_ -~..-.~-·~"~:~· ,•.·✓:"~-❖"'/Y -::y;-•.· "Parks and recreation director" means tq:f ~Jr~9-J~r of parks -~~qf rf;reation or authorized 8esignee. y.1'~.,-._··•:. •, .,,,...:,,,..:-~ ~.y;z_,_ . "Permittee" means a person to whom a sp~cial-eVE;lnts permit hasA5een issued. '•::. ~::.~ ·-~:,; ./:·.,.~ ·-"<t«t;. "Person" means any person, firm, partnersbJR, association, corpori:lJ]~n, company or organization of any kind. ,A&J}{:?:::~--"\}:.\ . '•)_·'.::) '·,,, ·•:,(:qf¾: "Police chief" means th~;.¢t.i"efof.:poHce or authohzed design·ee,::,:{; 'h. :::;y ,-5:?;·x:-:1:.'i. •.,•-:-;~~~f-~ <:~:~,.. ~r-,<·: ... / ~--:~<-, ... _,'1?,-;.;-,, "Private property perniitl :gj:~ans a mir:i,gt ~vent admih]str'~ti-de permitissued by the community and economic development direct~t;fp~ a func~i-~jJ held entir~ly:Jm private property that does not require a use of public pm~-~rty in a -~§1).~r :Y,Q!;,90.i ~Q.acts or ~-~s,!ricts the publi~'s normal or typical use o'. such proper,ty ~r-clbeS /)Ot comi!JJX::~'19t~:the ,·l'.l_9,.r!!!<il).Or usuav raff1c regulations or controls or that require the provis,ior1 'of exfr$br<;linary city,;$ervices and:,~r~-there.fore not governed by this chapter. /!:-??<-'><-.·., ✓-<::·z·<t:~ _ <1t:f:;;-.. •---:::~:;::.,~;~:::,-~. "Public as'sembly" means'a~y,.meetln~;:~picket line, raffy)or gathering of any kind that occupies any street, sidewalk, public park, tff::otl:ier pu5[ic,!area within the city. "Sidewalk" ~~;·h~ any area or.l {t;~_et as{2f~$r,9.pen to the general public for purposes of pedestrian travel, whether or,riot._it is paved. \Jfa -:-,;:::,-; "Sound-amplifying•;sf stem" mean~f $hy system, apparatus, equipment, device, instrument or machine designed for or'inten,ded to 1:f;y.~ed for the purpose of amplifying the sound or increasing the volume of human voice, mn'slcal tone(-~y(bration or sound wave. "Special event" means: , c",::: :-:)-;; ·-J 1. Any organized formation, parade, procession or public assembly consisting of 50 or more persons, and which may include animals, vehicles or any combination thereof, which is to assemble or travel in unison on any street which does not comply with normal or usual traffic regulations or controls; or 2. Any commercial or noncommercial organized assemblage of 50 or more persons at any public beach, public park, public water ways, street, or sidewalk which is to gather for a common purpose under the direction and control of a person; or 3. Any other organized activity conducted by a person for a common or collective use, purpose or benefit which involves the use of, or has an impact on, other public property or facilities and the provision of city public safety services in response thereto; May 14, 2019 Item #4 Page 31 of 129 EXHIBIT 2 4. Examples of special events include concerts, parades, circuses, fairs, festivals, block parties, community events, fireworks, mass participation sports (such as marathons and running events, bicycle races or tours, tournaments), or spectator sports (such as football, baseball and basketball games, golf tournaments, surfing contests or other water competitions). 5. Organized formations, parades. processions, public assemblies. demonstrations and activities for which the principal purpose is expressive activity are not included in this definition. "Special event permit" means a permit as required by this chapter. "SpoAtaAeous ElemoAstratioA" is aA eveAt occasioAeEl by Aews or affairs comiAg iAto public kAowleElge less thaA 48 hours prior to such eveAt "Street" means any place or way set aside or open to the general p,ubtic for purposes of vehicular traffic, including but not limited to any berm or shoulder, parkway;.::pubii6 parking lot, right-of-way, alley or median. c".f?· :,,✓ f~;::;,{,," ~., '" :, . <~; _,.~:-, 8.17.030 Permit required. , ~:-. No person shall engage in or conduct any special event-·u~Jess a special ;~~:mt permit is issued by the city manager or authorized designee. / · ·. t.;1· ,,. ·."' . .;{ 8.1 7.040 Exceptions to special event permit re'~-uir_ement. A special event permit is not required for any of the folidwing: . _ ,;• _. A. Any organized activity within the SG~:~~;:9f a conditio~~i:'o~.e-p~tmit, other land use·~~~oval or a private property permit given or required mnffat{~~-~-; or -~::::. :•>· -,~❖=--:•~ -·-:·:❖·•~ ,.; .. ·.: " ~" B. SpoAtaAeous ElemoAstratioA , coAsistiti~i,t:pf5ffpt l~~s persons; :ihc!t Ela Aot iAvolve the use of vehicles, aAimals, fireworks, pyrotechAiCS or eq&Wt~eAf(6t ~'.~tm.aA sou'Mfe~g~ipmeAt), proviEleEl that r~ ~ ·. •~--:,.:,;.. ~~!{Z -•~;~~~. . ." J'..Jt"•. 1. No fee or EloAqtii)r;i'. ier:¢1ia!]eEl or rec@ ~El as a .. ~9-~cl)~iop of pattjc,ipatioA iA or atteAEla Ace at such r1e OAS'ra•·oA' -~~-~"a:•v:;,,:A;--~;'-'.·>"~·1:· :.;:;·--'•~t;:;,, <~~~::✓f:/'··::::~:,~:>? umt tl ,.-c u •,;.:-:-.~:-. ·,;,;:-:•. . .. •,;,;-~;-:-· ./· ,·.-.,,;-._ ~• :•·,~/', -'. :•,. • u<;:•;~~.:~• • ·•::,:::/~, :1/~~-•::•~~ . ? ),:::;~~-•:,, 2. The chief o(-i:folice is Aotifie,El at leasf B6J i•ours iA advance of the commeAcemeAt of the • '· -8~ '. :;,.'.. .•.·•··"·~" ElemoAstratioA·; 'dr;., =~/::j "\:~:~, G~. Lawful ~iP~Jt2~;:::~r -:;::~,').tifat{f:(~{/= : . . ?)Irtt G~. Fu_g~wJl >rocessi~;'lS.2.~Y a liC$.Q}t~ morfu~f:Yfet ,, .. ·-tt €Q. Ac;:tiyf(ies conducte'cfbf t;1;,goverr-hfr~r:it agency"a't f[ng within the scope of its authority . . ==::(;ir;;. ·t}tb. ,;,:, '?:t:- 8.11.oso ''Special events cdiifmittee. ·-::..::{:', '• '/_ '., ", ·.,;:."/,I'. ,• -.~., A. The special ~events committee:,shall be -comprised of the assistant city manager, community and economic df(~19pment dirJcJ9r, transportation director, fire chief, police chief, housing and neighborhood s'eNic.~s directpt parks and recreation director and risk manager or their designated representatives. tHf :parks ~,~a, recreation director will chair the committee. •::,·.-:=t~-::;@,/,• . B. The special events cdrrJ.@ttee is charged with reviewing and providing recommendations to the city manager regarding the af proval or modification of an application for a special event permit based upon the information required in the application with regard to considerations of public safety, traffic flow and control, the disruption to residences and businesses; availability of resources of city personnel and equipment to adequately ensure the public health, safety and welfare. C. The special events committee shall not recommend for approval a new event for the date, time or location of a previously established reoccurring event unless the applicant of the previously established reoccurring event notifies the city of their intent to not hold the event or no application has been received by the city at the minimum application filing date. May 14, 2019 Item #4 Page 32 of 129 EXHIBIT 2 8.17 .060 Application. A. A person requesting a special event permit shall file an application, certified by affidavit on forms provided by the parks and recreation department. The parks and recreation director will forward the application to the special events committee for review and recommendation to the city manager. B. The application shall be filed at least 90 days and not more than two years before the special event is proposed to commence except for spontaneous demonstration held to react to current events, which shall provide a minimum of 36 hours' notice. The minimum 90-day notice requirement may be waived by the parks and recreation director upon written finding that the limited scope of the event, both in size and magnitude, allows it to be adequately reviewed in the time provided. C. The application for a special event permit shall set forth all of the following information, if applicable: . ,ff,'), . . 1. The name, address, e-mail address and telephone nur111t ·" •.f the applicant and event organizer and its officers; Af~e-. . 2. The names, addresses and telephone number§)?t tti~<Yb,xadquarters of any organization for which the special event is to be conducted, and{9)$of of 4.Q~,;;;~uthorized representatives of the organization· / ,\. ' ";-:/,~:: J /··1/l'f/,--,,,.~,,.·_,,..,. _,✓,, 5(/ ~>v ··--~~•;?;p, 3. An acknowledgment of financial respon5,ipili~p for any city fees oift ~?~s that may be imposed for the special event by the applicant and arZy p'erson authorizing the ap~i'cant to apply for the permit '<',' _·',-'·' 'li?{J$.-~-on its behalf" ''./\; ;,·. · .;o,:>-, ·7,·:;·:,,,~,, -./;&, Yt;~~~:t_~ .. 4. A description of the nature or purpose of th·e special .exfent , including a des,c:;ription of activities planned during the special event "c:{:h:. t:/v ,~;;{>?-,· :.;-.;,.,'--;, ❖'.•:«~✓ :'.:, > <;,i ::, • /,-.: ' <".-, '.,,, 5. A statement of fees to be ch'if~;~_~rtJcipants in Tn~:s'r~cial event; ' . ~fr:%-'~:-;·-J;;-x:~ /.;❖~: ,,~ .. 6. Identification of the Carlsbad 1o·i3ation·wnere,special evenl sales will be reported to the franchise .,,,,.._,.::,;-.,_ ----~~~;_ ?',/"-:,... . -:~ ,-~ tax board, a City of Carlsbad bll'siness licerfs~or a copy;.,0J a document showing proof the applicant is a ta~-.eX~!'TlPt non-profttfprganizafi6if fJ::::;,,. ·-:~::~_;;9 _ ~--~~t=:::~!:~-:-:r~-::;·::~---_ ~,_;f-:::; a~--?~%~<: f~'.">;.;-. -,.,.~~;/:-· 7. Proof of in~,~{tp$e;i'equit ~::-~~by this cn~.~~;~i.fff '·)::=~ffftt~-•., 8. The date(sW)frne(s), and Jqtation(s) wfi~.t~~:t he special',event is to be conducted, including assembly and't:fi~oc:mding; tJJ; itl 9. A ,§JtE3xP:J,§!D, incluJi~~;;;~~\R~[fi~J!M)p : '\[k: .. ,~$~~fJ J[~ffT1ft~.ctlftJf ![t~ ·-·•·--· j~\tit)~:\::<::{~) ;;,•::->b. Prefabncatea>structur.e,s, -· ,;:~:-: ·:2:f?':':.., '~:~1:~t:~:-,_ '~~;-::?_::~,,, -·.( ··,~:9}2k Site-built strtre~¼}~s, '\{[t··•, d:•~i'.;2'Staging ·:::t;:.\. ;.,.,A '?<~ii(, I -<~;~:~~;~:, ~~:<:<'. e. R~Vj\;!Wing stand(~)if:\ ~~9 :•~•'-r ->'✓~:~<•~ f. Elev~(~e;J platform~;'i~t ~<*:D'· ~ 1/1:rs" . g. TemporajypedE3~tn9n bridges, ·~;--: ~C'.,.•~5f);,>.iJ,?S/ h. Tents or ccrn9pie~; ?•ctC·· i. On-site grading, j. Portable restrooms, k. All on-site signs and banners that have a face area large~ than 16 square feet and/or stand more than four feet above the ground, I. Any travel routes, m. Assembly or production areas, n. Electrical sources and connections, o. Fuel storage, May 14, 2019 Item #4 Page 33 of 129 D. EXHIBIT 2 p. Cooking and open fires, q. Water supply, r. Run-off containment features, s. Waste recycling containers, t. Accessible parking, u. Access points and routes for disabled persons, v. Access points for emergency fire and ambulance equipment, w. Emergency medical services area(s), x. Any vehicles located in an enclosed area, y. Pyrotechnics, z. lnflatable(s), aa. Animals and animal rides, bb. Carnival rides, A ,o:.i .. · ··. cc. Location to accommodate individqal~ desiring to express op(nJ9rs not consistent with the purpose or intent of the event, antf ~-):. '::=;;:,.· "',,~/"!---/"'a' ~ ,I' ,,' dd. Other similar information that will descirjoe ,the COIJ1P9J1ents of the"•ev~nt; . . . . . ' ::;:;;:~.;-. " ,)•J};,l?j:f . .< .. ; . . 10. The location and descnpt1onpJ 9-II off-site s1gns,;bann,ers;or attention gettIn·g devices; ·)~· ,;-:J'r., "-~,':·,,,( ½?7· .·~ 11 . A detailed traffic control plan'{f-QP)fo( a major eve~band parking management plan, consistent ;•,.. • . .'-,,;'•• J",L• ~,,,.;;;,:::.z--r, with standards set forth in th ~>~ati9ryaJ ,Manual on·t,'1gl,form Traffic Control Devices or the California Supplement to the NaUo'nal Ma'.6u91 9n Uniforfi:!:lr:~ffic Control Devices for all streets, sidewalks and pa~~if)g lots which the special eyent will impa,g~ qy restricting the public's normal, typical or cust9-rJiifai){~.e thereof; . ,, ) . , . -. _. . ·<ts /.:,:';-;-.-:-,•:•,•.•·•.•: :-:-:-. ,··. ·• '· / ' • :· ,; • ' <·" 12. The apprm~itTJ~!e':'n umi5ef p:f_.participants; spectat6rs,··ariirtia,l_s and vehicles; ... ,,,:•):~-~~ ~,;-.-:.,~;•; -:.•.. • ># .· // ,..,_,,, "-~~· 13. The number itf?t ~_rsons P~9~}?Sed or reqUirea to monitor or facilitate the special event and to provide spectat0t{dr:-ParticiJ?.$}1t _control ariq direction for events using city streets, sidewalks, or ~~f il\~iE;~;~-;.: ·-. '•\il@;:;l}[WtiiJ?J\::::. ·-.:_ "~, 14 ... -)?{r6v-1sio~s)o.r;Jir.:5t aicf ij~:~f~mergefici9.::m~9ical services; -·~~~> ,': __ ;-Y --~ • <·'.•> ••• '/~~❖?,;, ···'❖~~-1 ... v'~.•;·. 1·5::})[he number,-tYR(~_~d lola.iJ8:~;;?f sanitailoffJacilities; _>,·:· ~. \. : '~:•>~·1:.%•- 16. ·-=:~rqvisions for recyGling per Pt!PJic.Resources Code Sections 42648 through 42648.7; 17. Pof@t\011 prevention\{tQry,plia~16J\~tth city's municipal National Pollutant Discharge Elimination Systerr :·pwmit, city orc;linances arid the city "Jurisdictional Urban Runoff Management Plan (JURMP)~; .:: - 18. A descriptlor{}>f .any re¢9r~ing equipment, sound amplification equipment, or other attention- getting devicesJ6-be ~se~ in connection with the special event. - Applications for speci.al :~i~A{permits for spontaneous demonstration held to react to current events shall provide the information in subsections (C)(1 ), (C)(7), (C)(11) and (C)(18) of this section only. -eD. Applicants for a repeated event held on private property (such as fireworks) may file one annual special event application identifying the event dates for one calendar year. 8.17 .070 Fees. A Major Event Fee. A nonrefundable fee, as set forth in the schedule of service costs approved by city council resolution, reasonably calculated to reimburse the city for its reasonable and necessary costs in receiving, processing and reviewing applications for permits to hold a major event, must be paid to the City of Carlsbad when an application is filed. May 14, 2019 Item #4 Page 34 of 129 EXH IBIT 2 B. Minor Event Fee. A nonrefundable fee , as set forth in the schedule of service costs approved by city council resolution, reasonably calculated to reimburse the city for its reasonable and necessary costs in receiving, processing and reviewing applications for permits to hold a minor event, must be paid to the City of Carlsbad when an application is filed. C. If the application includes the use of any city facility and/or property, or if any city services are required for the special event, the applicant must agree to pay for the services in accordance with a schedule of service costs approved by city council resolution . D. Third Party Fee. If the permittee provides for or allows third party vendors to participate in the special event, the permittee shall pay an additional nonrefundable fee, as set forth in the schedule of service costs approved by city council resolution, reasonably calculated to reimburse the city for its actual and necessary costs in receiving , processing and reviewing th~:,~pplication that includes third party vendors. The amount of the additional fee shall be established'b'y resolution of the city council and shall be based on whether the application is for a major olttrJn'$~ event. :.::1~~~w ;tg~:::;✓, 8.17 .080 Police protection and other emergency services. '?if A. The police chief will determine whether and to what ,~xtent additio~al police protection, civilian traffic control personnel, private security and voluntee._r,staff are reasonably_ n\tcessary to ensure traffic control and public safety for the special ever:,t J he police chief will base,..thi.s decision on the size, location , duration, time and date of the speciaY ~rent, the, e*pected saltf }~~};ervice of alcoholic beverages, the number of streets and intersections q·locked off from use by ttie ·p91:>lic, and the need , . .. . .·, :,;. "'"" to detour or preempt pedestrian a_n.d..:y~hicular travelfr9!T!-J~eTise of public streetsW1d sidewalks. The police chief shall provide, if police pr,ot~cti0n and/or other°emergency and safety services or equipment r.~/,/., ·d/vy.;,. ··;," ... ,, is deemed necessary for the speciat e'lo'.er,it/?n estimate ofth~ cost of extraordinary city services and '/.• .J'. "t " .. " ·,:\ ,I',, equipment required in writing. The app,liCi'mfwJ)l[pf;l, billed for~ervices after the event. ·~: . ·'•. '""::~=~~;f:,:~~~-. /'. :{·t..-,, B. When the police ch ief. is determining ,,the size ot:the event and ·the security needed to protect participants and speot~i~rs)th.e estimat~\~ased upJ«:}J~sooably\nown information, of participants ... •.,. .,• ,.• •..,-/.:i'r ./'.,.,•. • / • ,• • ./;,•,•• • • ••,.•,•,..• _);?r:;,. ., shall be determinat,i\ie,The nufn];iers of persons att~b"din~f in _:ri:1sponse to an event, to heckle, protest -..,•••• •• '/.· • ,I',, c" ,' . .,-,••• 1' • ,._,.• ,•.•·/. or oppose the spor'l:=!O{s viewpoiJit ?hall not b.e .. f ~JJs'idered in the'cost of providing police protection. ,:.;;;· ·•'• ,? :)8. ~\::~::-._ ·.-...-:::--.,,..,.,,,. . - 8.17.090 J~eJeas~ and i~de"r1;1nifi;;tio.11 ·require"1ifit. Permitte~:,€¾fift is:Jc{f:~~~y.:e anci-::f~J~as•e' fhe'-i:ity of d{}i§bad and its officers, agents, employees and voluntee{r~:f?'ohi and a·ga:i.ff~t~~,ny aricf~U<;laims, cos'tsi li'api'l1fies, expenses or judgments including attorney's fees ah'cii tourt costs aris'iff§\9.ut oftfie\activities ofthis special event or any illness or injury resulting therefrorrF;i;:ind hereby agree·m·%demnity'a'nd hold harmless the City of Carlsbad from and against any and all such ,claiffi:s)VV.hether causei:thinegligence or otherwise, except for illness and injury resulting directly from gross negllg~·l},c;e or willful mfs~i;>nduct on the part of the city or its employees. ··\tI~>-.. 't{} 8.17.100 lnsuranct_~f,~uirent,~.n;~s. Whenever a special everit,(,incJy{:lingJ>ut not limited to exhibits, fairs, athletic events, trade shows, concerts, or conventions, requi res a· pe(rrjj(u·nder the provisions of this code, the sponsor, promoter event organizer or person conducting the special event shall provide evidence of commercial general liability insurance in a form acceptable to the risk manager (and additional coverage(s) as appropriate for the activities of the event), naming the City of Carlsbad as an additional insured, and with a coverage amount to be determined by the risk manager according to the size and risk factors of the event. When determining the size of the event and the risk to participants and spectators, the estimate of participants shall be determinative. The person conducting the special event shall not be required to insure any risk arising from persons attending in response to an event, to heckle or oppose the sponsor's viewpoint. The insurance company or companies shall meet the requirements established by city council resolution for all insurance required by the city. The insurance policy required by this section shall not be cancelled, limited or not renewed without 30 days' prior written notice has been given to the city. · May 14, 2019 Item #4 Page 35 of 129 EXHIBIT 2 8.17.110 Signs. A The permittee shall post street closure notification signs at locations approved by the city manager which include the name of the event, date, time and location of the closure and which: 1. Shall not exceed 16 square feet in sign area with a minimum letter size of four inches; 2. Shall be posted on any street on which more than two intersections will be closed, and any secondary arterial, major arterial, or prime arterial that will be closed as a result of the special event; 3. Shall be posted a maximum of 15 days and a minimum of 10 days prior to the scheduled closure; and 4. Shall be removed within two days following the conclusior,i ofJhe event. ,,.} '" -~· B. The permittee may post a maximum of eight signs that prqajote the event at locations approved by the city manager. Event promotion signs shall meet the Jq116wi~g conditions: 1. The event promotion sign(s) shall not exceed 16f.,~1:§ft te;.t)n sign area; ·~>;~(~-"):':(~;~~- 2. Shall not be posted more than 16 days prior tci 'thEf event; arid"?::.. ~ ✓ •, ,. , ',, • .. ·.~-r,•,•r~ ... • • . ry· .~,-?".~./'~ 3. Shall be removed immediately but in no ~ve.ilUnore than two d~iyt{gllowing the event. -·-:~~ ~ V. . ~;x~= C. The permittee shall post traffic control and/or· dife<::tional signs the day or"q,fy~ of the special event as "'.-•Q-. l'., "' required by the permit. Traffic control and/or dfre;9Upnal signs ~h.all meet the{9ll9wing conditions: 1. The location of all traffic coritrol and/or dire~tior,al. ~igh~ shall requiri f~~proval of the city manager· and ,,;";:c:,,__ r.;_. · · ; .:,_, Y/.,./ I (,:;:. ~•~<?~-••,_. ' .. :·~•. •: 2. Traffic control and/or directiorrciJ jl~i:1?;.i5..!J.!3II not be p·o~t~~ more than four hours prior to the start of the special event and shall bei:rem0v'ed:not more th".::in:four hours after the conclusion of the .:--:-:,:-~ . )'❖✓.:❖:,-,,❖,.. ":-, -~~· special event. Any sign(s) left ouv~ttEpr fo'Cfr'::f:J.P!l.rn may ber¢f11 9ved by city staff and disposed of without compe11s9ti.9n_,tor event org'~ijil er. ••,::t:J · .~ · \}\ .. • "y ~,i' F /:;,~_ •~•~ ...... :~\ . • <> :'·•· '• • .. , .,~... ·••••:•,r' D. The permittee for._gf spE:iciar eyeht permit m~Y,~po9_t.·s)§fo; ar)<:L~J~qners during the special event at the ,.i: •• •J:. ,,I.· ~ • .,. .,..,._ ' ,> . ,, • .. ' .• ' .?, ~ special event vehl:ie.. ..,.,. ·-::~·:f;,;,f.:::: ·, ·t=.;:;::: ~.1. • • • • ~:}:>;,; ·';/ . ,,_,_ .. 1. All venue sigri{s) ;Y(th more t~·c:m 1_~ squai'~Jl ~.t of sign area or signs that are more than four feet above ground leve1;9t,all be 1der t1f1ed on tne;,9tte plan. 2. Ead°J)tt nue::signs a~d/or.t>ah'ri~rl~HalLbe 1Jifh,an 50 square feet of sign area. ,y~:::::~::•1:~•~••/~•~•~~v:~~~*,{: '.~•>: •. ''': \ '.."•·.._i~it>. •;~./~.,-• E. SigtJtstating "no"Jfarl<:j11g/tow avvay" shall be'pq~te9 72 hours in advance of the event start time. ;::,~,:~:fr~~~;>, ~-~?:<:.. ,. -~ .::~ .,-. ·-~-.. -';, ':~:~:;~;~:;~~ 8 .17 .120 Y:lNatification. A The ap plit~rit for: 1. A first'tiJ e major event/,i .,. _. ::.;~ ~ ;~~~~:: 2. A major eve·nt that has i;io(been held for more than two years; 3. A first time eve~t::at c!/fi({t~cility that is not authorized by facility use permit; or 4. An event at a cit/fa~jllfy that is not authorized by facility use permit and that has not been held for more than two years; shall sponsor a meeting for all affected parties. This meeting must be held not more than 180 days prior or less than 80 days prior to the special event date. Affected parties must be notified by the applicant via the United States Postal Service or by direct distribution to all affected parties of the meeting a minimum of 10 days prior to the meeting. The purpose of this meeting will be to allow the special event sponsor to identify and address concerns of affected parties regarding the time, place and manner in which the special event is to be held. Concerns regarding the message or viewpoint of the event sponsor shall not be considered. The parks and recreation director may waive the minimum 80-day time limit for the affected party meeting with a written finding of good cause if, after due consideration , the parks and recreation director determines that because of the limited scope and complexity of the event May 14, 2019 Item #4 Page 36 of 129 EXHIBIT 2 when considering the application criteria, there will be adequate time for review by and input of concerned affected parties. B. The applicant for a major special event permit that is not subject to the notification described in subsection A shall notify all affected parties of the event not more 40 days nor less than 30 days prior to the special event date via the United States Postal Service or by direct distribution to all affected parties. The notification shall contain information concerning the event and information on how to contact the applicant and the special events committee before and after the event. C. All applicants for a special event permit shall notify via the United States Postal Service or by direct distribution to all affected parties of the event not more than 15 days prior or less than 10 days prior to the special event date with information concerning the event and information on how to contact the applicant and the special events committee before and after th~ -~y_ent. ' }I.ff/ 8.17.130 Reasons for denial of a special event permit.:. ,:;;f1; A. The city manager may only deny a special event pexffLtl~fr{applicant when any of the following I. ;r?,_,.._., , app Ies: J:\-. · v .. /~ v ... .,.:,.: ... ., . ~- 1. The application for the permit (including an} .. §ffachments) is n6t fully completed and executed. 2. The application for the permit contains(~JWi~rial falsehood or misr~Rresentation. -;~::•❖~:: ·•;",. ·~· 3. The applicant has failed to conduct a preiJiC?,Q.~!Y authorized event in accor9ance with law or the t f ·t b th ·.;,:-:~-; .,;x. :( . '"❖ $ erms o a permI , or o . ·•::: .. :':-\._ ;15:,;:·::;,,·>;:, ·--"; •• -., .', ,.~ ···~~~.?,?'~;~ .. ,f,5f)f-.t}/' ~~~=~1: ·.,_, 4. The ~se or activity would coqfl_ipt:wit~ previouslf P.l~P.«p·'p~ograms organized ahd conducted by the city and previously schedul~<;f for the same plac~.9nd time. . . :~~~~ . ''• ~ ... ~~. '-. ·•:»?~~\~:~. . . 5. A fully executed prior appl1cat1oti torth~)~.c;!!}'!e time ahq;pJ9ce has been received and a permit has been or is likely to be granted:awtho"dziog '.t:l_~es or activiti~s which do not reasonably permit multiple ~ccu~~;~W:}Jfl :<~ pa~icularJ itf or pa~~~if!-~:~-__ _ ~=l~ 6. The a~phc~2:L 0:~·1r ·not =qB,_rpJ?l1ed or c_a.~t:l?!-H~,WJ),IY wit~ ~pphcable federal, state or local laws, regulat1ons;-o~oinances or;.cIty council Rol1cy.~./ <: ./..,.&~:::•. ~ ·.; •.••••~ r:7 7. The applicanl .:~has not teri'aered the r~qi:J ired application, indemnification agreement and endorsement(s)'.;-l~§Dranc.~JJM!iif,ic;;9te, or sei4tity deposit for police and emergency services and . ~,·,• .. •-· • .r,-, _ . . ,, .•• -•·•.. •~·,.,:;,-•r;,,51•?·¥•···~ •¥•,,_.• .. _,, • ,', ~-•, eq:w1Rm~.ntw1_thin the_ t1rn~s/prescr:1~-~q.. ·,:::::::i . ";"~:::,~:;:~r~:~~t;::.-:.:-tt-~~ --~i«:;·:·tf;.,.. ··~:-.:1~:~::=-~~-,. ·~~-:•~~-8:>:/Jj:=ne appli"cant,~~s ,not pf~JX~td for thef s~t"?j,~.~.~ of a required number of police officers, fire and/or ·:fJ8.aramedic pers9~_nel, priV~Jt,~ecurity, civilian traffic controllers or event volunteers/staff to ·:::·em~.ure the safety of t_he event, 'f:'.::- ·:;.:..,t:·:•, '\ ,_ --~ '~-~~=:>~:=:-~ 9. Tff~-,"~p_plicant has nof prpvided:·~9~quate sanitation and other required health facilities on or adjace.!1J t9 any public a_s~e;mbly area. 10. The applica'nt has not pf§V'i,ded sufficient off-site parking or shuttle service, or both, required to minimize ahy a:~yerse ifij}5Jicts on public parking and traffic circulation in the vicinity of the special event. ., .::::\i:,):~::l~} 11. The applicant has'•~itoi5tained the approval of any other public agency within whose jurisdiction the special event or ·portion thereof will occur. 12. The use or activity would present an unreasonable danger to the health or safety of the applicant, other users of the site, or the public. 13. The special event will require the exclusive use of beach or park areas during any period in a manner which will have adverse impact on the reasonable use or access to those areas by the general public. 14. The special event will create the imminent possibility of violent disorderly conduct likely to endanger public health, safety and welfare or to result in property damage. May 14, 2019 Item #4 Page 37 of 129 EXHIBIT 2 15. The special event will interfere with the normal access and function of businesses and/or residences during any period in a manner, which will have adverse impact on the reasonable use or access to those areas. 16. The special event will require the diversion of a great number of police employees from their normal duties, thereby preventing reasonable police protection to the remainder of the city. 17. The conduct of the special event will substantially interrupt the safe and orderly movement of other pedestrian or vehicular traffic, including public transportation , contiguous to its route or location. B. The city manager shall not deny a special event permit to an applicant based upon the message, content or viewpoint of the event sponsor. .-. AfitI~r 8.17.140 Notice of den ial of application. ,:-.':tfY The city manager will act promptly upon a timely filed appli9;3\lfff~t?,~!, special event permit and will make a determination not less than 28 calendar days prior to the::event. thetapplicant will be notified within two working days of said determination. :. · · , ft:. If the city manager does not act on a special event appljs;eftion at least 2t?8·~:l~pdar days prior to the event, the application shall be deemed denied. / ' · _.;·:-·-4\>., . . //{~·;~. 8.1 7.150 Alternatives to permit application. ."n•-·-_.,/t.-:'. ''.}::;~,. The city manager, in denying an applie,a'f1~:m for a special '.·eV~r)'f~€rmit, may authori;r;ft?e conduct of the special event at a date, time, location, d'#}fti!fdifferent from ffi~!.i\:9med by the applicant and shall propose alternative measures, which would cure lil~l}ii:?t.i9ts in the applie~li9,n. An applicant desiring to accept the modifications to the application will, withirf:Ji~e day~}1ft~_r notice '6(1:~~ action of the city manager, file a written notice of acceptance _yvitt, the city ma~a@~r. •-,:,%lt; , ',;;· , 8.17 .160 Appeal p,~;J:~!Ti~}j 4 '/ '. ', ,;;f \j{{,fi+.1\rt;~c< A Any applicant has the Fjght to ap~e(al the denial of.i3''special everifpermit to the city council. The denied applicant must make)h~_appeaJjWithin five days\ifter receipt of the denial by filing a written notice with the city clerk and ·a B0PY :Pf th_:e·~notice with%e police chief. The city council will act upon the .. •._• ,r_,, •-~ '• ,,.~ •• , ~.:. -•~ ,' .~.-.,..~.~,r~c-~, .. _".;.',r.~--~ •} < •. •"',/_.'?./~ appeal :~ttne 1'1~xt.r,egularly:~¢J)~c1Ulea hwetir,g folloW[@g receipt of the notice of appeal, which decision ~NwiriKa'C .,.,,:_:,ttikt,. ?;{i1);::,,. ''{, . ·:_ ·.;-:\ ·::::> B. ln'tn;elevent that the citytcouncil'tle'f1ies an applicant's appeal, the applicant shall be afforded prompt judicff~]'f~view of that dJel~t~(l as pr6tided by California Code of Civil Procedure Section 1094.8. ·,\lf t:._ •'.t~j;,, ': . ?· - 8.1 7.170 Noti~~-t9 city and otl:!~.r officials. Immediately upon tii~j ~;~!Jance of ,{SR'.ecial event permit, the parks and recreation director will send a notice thereof to the city m'i~~ber, the 'd,hy attorney, the police chief, the fire chief, the utilities director, the community and econom1c/cjey.el6pment director, and the manager or responsible head of each public transportation utility, the regt}iarl outes of whose vehicles will be affected by the route or location of the proposed special event. ·,.-: 8.17.180 Special events calendar. The city will maintain a special events calendar. Events will be reg istered on the special events calendar as "approved" or as "pending." 8.17.190 Contents of permit. Each special event permit will contain the following information or conditions, which is pertinent to the event: A The dates and times when the special event is to be held; May 14, 2019 Item #4 Page 38 of 129 EXHIBIT 2 3. For a participant in or spectator at a special event to knowingly violate any conditions or prohibitions contained in the special events permit; · 4. For any driver of a vehicle to drive between the vehicles or persons comprising a special event when the vehicles or persons are in motion and are conspicuously designated as a special event; 5. The police chief may prohibit or restrict the parking of vehicles along a street constituting a part of a special event if the police chief posts or cause to be posted signs to that effect. It is unlawful for any person to park or leave unattended any vehicle in violation of the posted signs. C. The police chief may, when reasonably necessary, waive parking regulations along a street constituting a part of a special event. 8.17.210 Revocation of permit. .. ::,:::<i:-✓ The police chief may revoke a special event permit without prior 0}~~ce:i~pon violation of the permit or when a public emergency arises where the police resources req,u•jrefp:Jo( that emergency are so great that ',. ---•1/ ,_. ,_. deployment of police services for the special event w_oul~ ha:y;7'an imtr,;~~-iate and ad~erse effect upon the health, safety and welfare of persons or property. Wntten5not1ce of the re\focat1on setting forth the reasons /. }' f;/ ••• therefor, shall be hand delivered or mailed to the a~~!~9ant at the address· pro~ided on the application. -~: < :❖ ••. 8.17.220 Severability. ?::...-~-. ,- If any section , subsection, sentence, clause or phra~e /oUhis c;q~}:\ter is for any' reason held invalid or unconstitufional by the decision of any CA~:rt_of competeri1qrf~;~j9t~p(the decision will n9t affect the validity of the remaining portions of this chapte(TJ;i~;~ity council decl~J&l that it would have passed the ordinance codified in this chapter and each section, ~:d6I;~'2tht1, sentence?&'f§w,se or phrase contained in it irrespective of the fact that any one or more sections, ~y~~settiehs, s_entences'~[W.~uses or phrases are declared invalid . . · ..• .,,; . ~~ . ~-~~:;,-~..:·~;, or unconst1tut1onal. ,~.:':'. ··-'. ✓• ·,. -~~;:~;:',:', \\tt ·-"❖:\~\} May 14, 2019 Item #4 Page 40 of 129 Sections: 8.1 8.010 8.18.020 8.18.030 8.18.040 8.18.050 8.18.060 8.18.070 8.18.080 Pu rpose and intent. Definitions Permit Required Application Chapter 8.18 EXPRESSIVE ACTIVITY Permit approval or denial Admin istrative regulations. Violations Severability 8.18.010 Purpose and intent. ;,r EXHIBIT 2 Establish a streamlined permitting process for expressiie activities that bal~~ces the public's right to engage in such activities with the city's substantial i~terests in ensuring the pubH6's peace, health, and safety and managing competing uses of city facilities by .the public):> ·, · ·, ;. =~'-="'-=-~=~"'--'-~-"-"-~-"-'-~~~~~~~~-'-"" •• ~. "-"'~,.=. =, . ,{~. . "'...-::, .. 8.18.020 Definitions. \l{'.t)t}.•;,. . .... • . ·•• . Except where the context otherwise requir~s·,:~:for the:i{G·rposes of th'is(chapter, Chapter 8.18 et seq., the following defin itions apply: .... -.•;· . ·~=:=:1t •,• .. /':8':\.;.. · "' ··• . .-<" V, /'~-. 1/.:.,.;.~l',1_;~ "City manager" means the.cltJ rrianager or auth'6~'zed de~igrl~~'.:7<-_,,_ . . . . . . ·>--,:-·:.~.=~ / ' • ,,,,. ' ' ~ .• ·•~: "Demonstration" means:any formation, procession~-or.assembly of persons for the purposes of expressive activity. · .,_. ~ · ·•::~:( .. . " /. ·-·. \,· .. ::·.,, :~:. "Even t" means:cf parade or public assembty for th.e pu rpo~es of expressive activity . ..,.~~·-:::t;,,·~-:~, ~--... ~:-~ ... ••::;~.._. · . ..-;·,_·~-;; j . • ·---·;·~ ', '· ', '•!;:.)<'. ': "Event o(gar,rit er" mean·s==·any person who cortducts,. manages, promotes, organizes, aids or solicits aftE!rfcfance at an expres~sive activity ,event. "· :•: ... •' ·.1.::~~~;=:·>~. "·?:f:>.. : ,: ~--. "Expressiv·e.activity" includes 'conduct the:s'ole or principal ob ject of which is the expression of opinion, views, ·af icle,as. Expressi~~:kctivity in d u.des, but is not limited to, public oratory and distribution of literature.···\?' , \\:·\ · ·•:,_ . . ~ :.; "Expressive activity event permit" means a permit as req uired by this chapter. "Parade" means any ~~~~h,_ prof'l~Jion or motorcade consisting of persons, vehicles or a combination thereor upon any street/siaewalk, public park, or other public area within the city . .t:.,•~-;J;,," "Po lice chief' means the chief of police or authorized designee. "Public assembly" means any meeting, picket line, rally or gathering of any kind that occupies any street sidewalk, publ ic park, or other public area within the city. "Sidewalk" means any area or way set aside or open to the general public for purposes of pedestrian traveL whether or not it is paved. "Sound-amplifying system " means any system, apparatus, equipment device, in strument or machine designed for or intended to be used for the purpose of amplifying the sound or increasing the volume of human voice, musical tone, vibration or sound wave. May 14, 2019 Item #4 Page 41 of 129 EXHIB IT 2 Carlsbad as an additional insured, and with a coverage amount to be determined by the risk manager according to the size and risk factors of the event. The insurance policy required by this section shall not be cancelled, li mited or not renewed without 30 days' prior written notice has been given to the city. Notwithstanding the foregoing, proof of insurance will be waived by the city manager in any of the following circumstances: a. b. C. The event does not present significant public liability or property damage exposure fo r the city, based on a lack of personal injury or property damage claims being awarded against previous events in the city that are similar in nature to the proposed event; The applicant agrees to redesign or reschedule the permitted event to respond to specific risks, hazards or dangers to the public health and s~fefy identified by the city manager as , ....... / being reasonably foreseeable consequences oMhe event; or The applicant agrees to indemnify, protect, d~f~JJ°"~Ad ho ld harmless the city, its officers and employees against all claims, damages/ef~pen~e·? loss or liabil ity of any kind or /✓;.•.•.",..-. ,I';·,.,· . nature whatsoever arising out of, or ,resulting from, the alleged acts or omissions of ~;,~✓•.,~:'•/.-.• • ,f,/ permittee, its officers, agents or empl.ovees in connection w1th the permitted event. ·,;..·.:,.:❖ . -~~/-. ' C. ' The applicant shall acknowledge in the applic~tich.that if City property is destroyed or damaged by permittee's use, event or activity and the damag~•:8falestructiift":is directly attrf6'utable to the permittee, the permittee shall reimb1Jrse the City forln'~''actbaCteplacement or re8~~i(;cost of the , . , •,•. ' ··•"•'";W·/ destroyed or damaged property. / · ... ·.::,"'·· ':.::=~> . . . {--~---~,~·/.;: ~: :~t;:.•;~. "· <:{,~t~., D. The appl1cat1on shall be filed no later'than two,days before comtnencement of the event. • ·-~.... .·.·.:-~-""•'·. ·.-:...,,x·"'.,.. E. The city manager may waive any of th~,::p~rmit ~'!f6H~ation requm:fAAents where circumstances make it impractical or uni;iete§'slr\fto meet thod@:tequirerrf~hts.''>· '·•::,:~t . it'.r~:r: .. ~ ·,:::<·{ii~. · :;;~\:; ::/~;f1/ · · 8.18.050 Permit approvaLoi:-demal. f:,:;~ :~ ~:> -.:~;t:::::. --~•~;~:~~~< ... -·\.;:t~-':.:· A The city manager-shall at fi~i:l ·a1rd.:implele,applid.tions in the following manner: I ,,-{," __ ~,• ••• ./'", J-. •·•~•••••-,_, ;;,,~ •;,•,/,",;,_'2,"'·•j• ,:_,.,,·•~ 1. : . .Afte6eview.'ofthe appli6~tion and rec:eipfotall required documents, the city manager shall .; '"✓ ,•.-· ·,. '/'," •,r ,·~~, • ••• ."'-";i:•"?, ·•.,;,,•,• ·~-~~ ,,,-' ..• · .. ~ 1ssue the expressive activH-{elJent permiftlffiless the city manager finds that approving the -p~rmit wou ld be ~g~tfar-y to tff~$ublic peace, health, safety, or welfare for one or more of the , -, . ,·:, ;~. ~ . ,• .. -. ··•~-~-~., ·~· ::;,. following rea sons: .:·. · ·. ·::::\'i:> .. a. "<ff,e,event will undt:ily interfe~~::tvith ingress to, or egress from , or travel on a freeway or . ·.-.·-·v·•·· • . .,,. • ... ~ b. C. d. stafe'.t!esignated nighway: The ~~~~l-require~ a-·tem porary street closure that will unduly interfere with the orderly and saf~'-mt>vem'~'nt of traffi c or the provision of public services, and the applicant is ·,• •. ,:' '·. Y:_/ unable or unwillir,iq to modify the event's scope, location, date, time, or duration to .,/ minimize such impact; Due solely to the number of event participants and the ir impact on normal traffic or pedestrian flow, the event will require a significant diversion of police offi cers such that police protection for other areas of the city may be adversely impacted, and the applicant is unable or unwilling to modify the event's scope, location, date , time, or duration to minim ize such impact; or The anticipated number of event participants would exceed the safe capacity of the public park or other public area where the event is proposed. May 14, 2019 Item #4 Page 43 of 129 EXHIBIT 2 2. The city manager may impose conditions on approval of the expressive activity event permit as he or she determines to be reasonably necessary to protect the public peace, health, safety, or welfare. In imposing such conditions, the city manager may not consider the message of the event, the content of the speech, the identity or associational relationships of the applicant, or to any assumptions or predictions as the amount of hostility which may be aroused in the public by the content of the speech or message conveyed by the event. 3. The city manager will act promptly on a timely fi led and complete application and will make a determination not less than one calendar day prior to the event. Any permit denial shall be made in writing. B. An applicant has the right to appeal the denial of an expressive;,~Ctivity event permit to the city council. The denied applicant shall use the following proced~f~s:/ /'. .. ·:~}.~;;~~:,~ 1. The denied applicant must make the appeal within _!iv.~_days. .. ':1.~.er receipt of the denial by filing a written notice with the city clerk and a copy of the notice with the police chief. The city council will .,,.,·-.~~ -•,.,.,·s•••"• act upon the appeal at the next reg ularly sch~_~u_l~d meeting follo~i.n_q receipt of the notice of appeal, which decision will be fina l. 2. In the event that the city council denies an applicant's appeal, the applicant may seek judicial review of the city council's decision pursuant to California Code of Civil Procedure Section 1094.8. . . . . ~\f f :()i\c 8.18.060 Adm m1strat1ve regulations. ,c.:• "'•·'."<,=:~:h. --:~~<~ /.~:~,:~s}t~::::•., ._ r..;::~-.✓•• The city manager may adoptadministrative refaulatioris:tffat:'are consistent with and that further the terms and requirements set fortt:i:w ffb in lhis Chapter\iXII -such admin'fstrative regulations must be in writing. 8.18.070 Violations. ,,;{' . ,, . f~~{rA)T ""I¾'f® .. (~~:;::~>. Conducting. or parficipating in.~-~ Uri permitted event fo;~~flich a permit is required by this chapter, where the pers0it;kHJvSt~{p~tffilthas n~t b~en grant~ct~i5iii1Lco~~Htute an infraction and shall be punished as prov id® 18r in Chapter {o's\af.Jhis 2d8e. . . --~ -;::-::-::~ •. , ..,_ ;... '.;.-✓ ·..11:~:.. ,, ·•.•-;:.-'-".: . ,x~··. ·.·. « <L;::.. 8.18.080 Sev·er:~_bility . ·•x ·-.~:. t, ~}} If any section, subsection, sentence=;'clause or phrase of this chapter is for any reason held invalid or "·•{.//./..•;,..... --··· ·.-unconstitutional by the·:(iecision of-:arW court of competent jurisdiction, the decision will not affect the validity of the remaining 'tM t)Oni°:df:this chapter. The city council declares that it would have passed the ordinance codified in this ch~pt~?~nd each section, subsection, sentence, clause or phrase contained in ... ,, .. , it irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases are declared invalid or unconsti tutional. May 14, 2019 Item #4 Page 44 of 129 EXHIBIT 3 Special Events Ordinance The Special Events Ordinance sets forth a permitting process for organized events on public property of 50 or more people, including concerts, parades, street fairs, festivals, block parties, community events, sporting events such as road races and bicycle races, spectator sports such as golf tournaments and su rfing contests, and demonstrations. The city's Special Events Ordinance was last substantially updated in 2006 by adoption of Ordinance No. NS-811. Special Events Permitting Process for Demonstrations A special event permit is currently required for a gathering of 50 or more persons engaging in expressive activity and the use of1: · 1. A public park or other public area; or 2. A street in a manner that does not comply with normal traffic regulations or controls. Permit application requirements include the following (CMC § 8.17.0G0(C)): • the name and contact information of the event organizer, • an acknowledgment of financial responsibility for any city fees or costs that may be imposed for the event, • a description of the event including the proposed date and time and any fees that will be charged for participants, • proof of insurance, and • a site plan that covers any temporary structures, tents, portable restrooms, and access points for disabled persons and emergency vehicles, among other things. A person requesting the special event permit must file an application with the Parks & Recreation Department at least 90 days prior to the proposed event date. CMC § 8.17.060(8). The Parks & Recreation Director may waive the 90-day notice requirement for events limited in scope that can be adequately reviewed in the time provided. Id. Special Events Ordinance Exception for "Spontaneous Demonstrations" An exception to the special events permit requirement is available for a qualifying "spontaneous demonstration" of 50 or less people. CMC § 8.17.040(8). Under the Special Events Ordinance, a "spontaneous demonstration" is "a·n event occasioned by news or affairs coming into public knowledge less than 48 hours prior to such event." CMC § 8.17.020. The event organizer must provide notice to the police chief at least 36 hours before the event. CMC §§ 8.17.040(8); 8.17.060(8). For spontaneous demonstrations of more than 50 people, a full application is not required, but the organizer is required to submit the name and contact information for the organizer, proof of insurance, a traffic control plan, and indicate any sound amplification equipment that will be used. CMC § 8.17.060(D). 1 CMC § 8.17.020. "Expressive activity" includes "conduct, the sole or principal object of which is the means of opinion, views, or ideas and for which no fee or donation is charged or required as a condition of participation in or attendance at such activity. It includes public oratory and distribution of literature." CMC § 8.17.020. May 14, 2019 Item #4 Page 45 of 129 EXHIBIT 4 Chapter 8.17 SPECIAL EVENTS Sections: 8.17.010 Purpose and intent. 8.17.020 Definitions. 8.17.030 Permit required. 8.17.040 Exceptions to special event permit requirement. 8.17.050 Special events committee. 8.17.060 Application. /:·: 8.17.070 Fees. 4Jl~ 8.17 .080 Police protection and other emergency servi:celi~· 8.17 .090 Release and indemnification requirement41ti?f/ 8.17.100 Insurance requirements. ~if"',;,;;; '.;?~;,. 8.17.110 Signs. /( •,: -:;,;;;,/,, ,,.,.' '.!///,.✓ 8.17.120 Notification. /_';,;< ":.:0 8.17.130 Reasons for denial of a special;ev.erit permit. -~;/~ 8.17.140 Notice of denial of application. ':?s_,J~;. -,:<f;;.,,, 8.17.150 Alternatives to permit application;;./;,;:,\ _. f; '~~ ,,_ A I d ,,~ ?%• ;:.PZ> •.,;,;;;.: 8.17.160 ppea proce ure. fr:/;;,.. ,,/0/Y ';;,;;,:, 8.17.170 Notic_e to city and otht&~Wf_ials. '',~ff,;;,Y~V ·-,z) 8.17 .180 Special events calendar:,::~1~/C:~::f,,:., ·-·. · ;, . ~:~:ftf~ '{,~'.J;'.?-"0-J.,.. •,-:.,:.-,~_,t-, 8.17 .190 Contents of permit. ··,,.;:;.:, •,:.;,;;.,:;r/,,. x,/::•, 8.17 .200 Violations. -~wi,,, '"'-s:@}l;;;.,., '.'. ~y:;j, 8.17 .210 Revocation,of J>.ermit. :;?½, · ·:,t;:j;,;;,,. <'%::;,:-.. , 8.17 .220 Severa bi lit~ if:f }~·,, >qJ.;r, )%~t),;;;,.. '<~J::-; ,.jt,z✓)' , ;,, ~,% h.,..,,. 1//2 ~,. /J;,_:/,.1/ ;,;. ~-½>' , 7, ,,.. /?'2~~y:,; ' ~-~;;~ ~ "rt§~-,, //;,, ~v J ;'~,~=1:~1 > ~;,-,);?/ '•,,: ,'jt_, {t'~J';/2j:'.,'.;~ '1/ J>>;/ j:J"/, 8.17.010 Purpose~~Jit ~ntent. -{~i· ~-:,J,kP/ ,,. The city council recognizes 'that special events enn'ance the city's lifestyle and provide benefits to area residen_ts, vi~it.Q;~~,,)i\~~ bu~iK{!~~~)~I:~~~h,\Q!; _creatiof~,f unique venues for expression, recre~tion, and enterta1nmer:tt tt'!ai:{a(e,.not normally .provided as-a ,gart of:governmental services. However, the city council ,,.<,~~//4';~~;;;,:-::~-".rY,·~-'❖ :,· \~-'.''..,. ~~-y:•; . ✓ ·--:.,·,/ .,; ·--,?; ~ -~/./;·> . also recognizes tnat sp~i;:1cJ!.events;1f1unregulated::,0911 have an adverse effect on the public health, safety and weffgfdue to noise;q{(~!.~: safet~t 'tpd healtt/hazard impacts. The purpose and intent of this chapter is to set fo'.~0Q,:t~asonable re§ut~!I9ns by ~et:~·t~,,blishing a process for permitting special events within the city, to protect ttie/i@t,ts and interestigi'9_nted to sgecial event permit holders, to ensure the health and safety of patrons of speb:f~J;events, to prq&Ji;>it illegal~9'tivity from occurring within special event venues, and to minimize any ad\iij~~-effects frori}fi pecial e~ents while ensuring the orderly and efficient use of public property and city servJ~~s. It is furtp,~f;,intended to create a mechanism for cost recovery for special events without having an advefse,effectA;:>'tj}those special events that contribute to the community. It is also the intent of the council to prbtfctth,~f Jgf'its of citizens to engage in protected free speech expression activities --tY.:?-/•,; .. ,,1/ and yet allow for the least resW,ct,9ve and reasonable, time, place and manner regulation of those activities within the overall context of rati6nally regulating special events that have an impact upon public facilities and services. 8.17.020 Definitions. Except where the context otherwise requires, for the purposes of this chapter, Chapter 8.17 et seq., the following definitions apply: "Affected parties" means businesses and residents located within 300 feet of the area around the special event that are likely to experience impact from the special event. "City manager" means the city manager or authorized designee. May 14, 2019 Item #4 Page 46 of 129 EXHIBIT 4 "Demonstration" means any formation , procession or assembly of persons for the pu rposes of expressive activity. "Event" means a special event. "Event organizer" means any person who conducts, manages, promotes, organizes, aids or solicits attendance at a special event. "Expressive activity" includes conduct, the sole or principal object of which is the mea-RSexpression of opinion, views, or ideas and for which no fee or donation is charged or required as a condition of participation in or attendance at such activity. -!!Expressive activity includes. but is not limited to, public oratory and distribution of literature. For the purposes of this chapter, expressive activity does not include sports events, fundraising events, parades, public asseF)1blies or other events for which the principal object is entertainment. , '_;;_ ~ "Major event" means a special event that requires a traffic contr6{~1¥n for three or more intersections of any street or requires a traffic control plan for a secondaryJ irterial, major arterial or a prime arterial. "Minor event" means a special event that does not reqyire"' a,,}fatii }J.p,rtrol plan or that requires a traffic control plan for two or fewer intersections and does not involve a ·sesondary arterial, major arterial or a prime arterial. / · · /, .. "Parade" means any march, demonstration, processiqn or motorcade consistin£i:Pf persons, vehicles or a combination thereof, upon any street, sidewalk, pub_lic park, O!;;,other public"~r~9, within the city. ·, -1/,c ·•,•:•: •'• . "Parks and recreation director" means th~ director of parks af,ld ,recreation or authoriz~.d,:gesignee. "Permittee" means a person to whom a:.~~~~lal events pe~mit ·ha~bfum issued. ·•::/'.: "Person" means any person, firm, partriJ@@p~~:Eissociation, ~drp6.ration, company or organization of any kind . ··~t~}~, 1"·~~ :~(}:. , . \r. ~-~··--. "Police chief" means the chief of police or aJthorizec/'aesigoee. •,;,; . . "Private property permi~m;I~:i,:0 mpr event·~~~i,~istrasfl~tr;r.JJJ~su~dby the community and economic development director for a function held ehtir'ejy(.'0w.r:,rivate\pf0Rerty that does not require a use of .(. , '<-•' . /. ·/. ~ ~• 1/ p,I/ ,'..• _x ~ public property in'•a ·IT)anner w~i9h impacts· ·or•\~stricts the public's normal or typical use of such property or does not 69mply with'tt,:e normal or-u.s1,1 al traffic regulations or controls or that require the ./. ......... ~.-. ,?. .,,., -J',} ,?. ·, provision. 9f.extraordinaty city s~rv)~~s a~d are th_et,~fore not governed by this chapter. "Public a,~~~~lyf'G.i:,e.,~ris. an/'~~~}r¥ii,' 'ciemQ:9str~!io~·i~~@i.cket line, rally or gathering of any kind that o~c_~gies any street{sJd.ewalk/P,ul;>lic park, or oJt'ief ~ublic area within the city. ~.,:,,;.,~~" .. ~--~.~,:<.-:r::. . ,{:)~/.-➔ ~,·/J •. t "Sidewalk f t:neans any are,fof way set a side or open t6>'fhe general public for purposes of pedestrian travel, wh~tit~f gr_ not it is pave'tl:J)~.. ··;,;:if,, ;:1~-;0..-~~-. f;~;i~<,_~-:,. ?<.,-,; ,, . "Sound-amplifylng· .. system" mearfs,.'_any system, apparatus, equipment, device, instrument or machine l£, ·, • J/? :/ , designed fo<s{;i~tended to bf 6sed for the purpose of amplifying the sound or increasing the volume of human voice)musical tone;~v'ibration or sound wave. "Special event" means:'{}"'_ ,,}fg-··.• .. '., { ~ ,,; .. ~~;.,;,;: 1. Any organized ·/fci'rh:i'aflpK, parade, procession or public assembly consisting of 50 or more persons, and whitfi\i{;ay include animals, vehicles or any combination thereof, which is to assemble or travel in unison on any street which does not comply with normal or usual traffic regulations or controls; or 2. Any commercial or noncommercial organized assemblage of 50 or more persons at any public beach, public park, public water ways, street, or sidewalk which is to gather for a common purpose under the direction and control of a person; or 3. Any other organized activity conducted by a person for a common or collective use, purpose or benefit which involves the use of, or has an impact on , other public property or facilities and the provision of city public safety services in response thereto; May 14, 2019 Item #4 Page 47 of 129 EXHIBIT 4 1. The name, address, e-mail address and telephone number of the applicant and event organizer and its officers; 2. The names, addresses and telephone numbers of the headquarters of any organization for which the special event is to be conducted, and proof of the authorized representatives of the organization; 3. An acknowledgment of financial responsibility for any city fees or costs that may be imposed for the special event by the applicant and any person authorizing the applicant to apply for the permit on its behalf; 4. A description of the nature or purpose of the special event, including a description of activities planned during the special event; 5. A statement of fees to be charged participants in the S8.§9i?t event; 6. Identification of the Carlsbad location where special.ef~;ht:-§ales will be reported to the franchise • ,.,,,,.,,,.,..,.,,,_ . ✓ tax board, a City of Carlsbad business license ,_9r;,..~)co,8y.of a document showing proof the applicant is a tax-exempt non-profit organiza¼?nr (JV -·,_~., . . . /' / ~ 7. Proof of insurance required by this chaptert · <; t< /,,, .,., . -· 8. The date(s), time(s), and . location(s) wfrer,e 'the special evenf :fs\to _be conducted, including assembly and disbanding; · ',' -·. ?:_'],;~:. 9. A site plan including but not limited to: \)f%.:.n .. ;,.,·.::,:.·:·_· .. ·. a. Portable structures, .,~•.•·;.-. ,,..: . ..:.,~~-.:✓,.--:•✓-, b. Prefabricated structure·s;.;:'/f,·tt:,, '·'.:,.·::;~;,_ ·<~·J::f:;:::-:,;i, c. Site-built structures ··c', .,,,;:;i;~-::;;~,..- d. Staging, , ''it,,'"41\t,~//;,.;•. ··•, . ;f.;, e. Reviewi_9,g st~~~(_;),,, -~\;-\ f,~?:f:/;'.: ;;:~ -. './' :. ~~e~:!r~~.!:~:::;l ;:bridges, '•'~JJ}v'' .,,·_::j.·r: 1/2 . . ~; J '. '·~:}:~> h. Tents or can_91:)tes, ., -, ,._i;.>· •. ,'~?•-'.;' '-, "h 1/j'.r -~~ ;;.-;~~ .., . ·:".° ,;., i/;;;-:• ::Ori\,site .gradin'g '::;Ji:,···· · · .:~·,/. · . • < .. :1X~t~:·:1:~.,,._,,.r.>.:r>. .;:~✓---. '✓ ... ~j;~;.)t <~;;~~, ✓ ;, ,/f:j'.;?Y Portab.le :testrooms1/--,. vt:~1/-/_ / y;.,;,•r;P:.:.~. r •:;. ', .. r .. %::k, All on-site ·gigl:is and b'an'rrers that have a face area larger than 16 square feet and/or stand '-'-"h:·:.::• -./ ;;-~/,',-_,., ·-'}<;; ·. '·\;;{\;-_more than follr'::f~~! above the ,ground, ,~ .. ,». '/, -~❖:~ / .. I. · /,Any travel routesf:f~. ,, r.r:-i;:. ..... j. -:;;f'/~~-. m. A'sS:e-rnbly or prodl:iption areas, ··--:}/~ .. ;~,~ ?~~-r n. Electrical sources;and connections, •,,;~.❖~'. _;~" ,-:;f;~5 ; 0 . Fuel stofagf •~>:Jdf p. Cooking a~a'1n:P,,eK fires, q. Water supply, r. Run-off containment features, s. Waste recycling containers, t. Accessible parking, u. Access points and routes for disabled persons, v. Access points for emergency fire and ambulance equipment, w. Emergency medical services area(s), x. Any vehicles located in an enclosed area, May 14, 2019 Item #4 Page 49 of 129 y. Pyrotechnics, z. lnflatable(s), aa. Animals and animal rides, bb. Carnival rides, EXHIBIT 4 cc. Location to accommodate individuals desiring to express opinions not consistent with the purpose or intent of the event, and dd. Other similar information that will describe the components of the event; 10. The location and description of all off-site signs, banners or attention getting devices; 11. A detailed traffic control plan (TCP) for a major event and parking management plan, consistent with standards set forth in the National Manual on UQjfdl;rn Traffic Control Devices or the ~alifornia Supplem~nt to the ~ational Manual on U~tlff2J)ftaffic Cont~ol_ Devices fo~ all streets, sidewalks and parking lots which the special eventW!ll Impc3ct by restricting the public's normal, typical or customary use thereof; tw'J&.V ,::(t~,~, 12. The approximate number of participants, SP,!=Ftators, anim~rnr~~}1Avehicles; #{;/.¥½/ . "•%=%1;~-·-. 13. The number of persons proposed or r7,g.L;1Jr~d to monitor or facrlW~t~. the special event and to provide spectator or participant control,~J\l _direction for events usih©~f.!tY streets, sidewalks, or f ·1·t· '½F/-·•c .. w;,;; acI 1 Ies; '"0<'.>/, ,, ·-:;;:•x~;.Y:-.• ,, ,J,1//~ ,,,, . {.,1\,,.,_ . .,..., 14. Provisions for first aid and emergency meditil'I services;✓$:;-'<:j~> 15. The number, type and locati\l~fGf,.s_anitation fa;mtr~fi:Jci:Y ···<f}:> ~;~~;";:,f:S-:~?1/h~ . .,i:/.%'.r 16. Provisions for recycling per Pfl.~!irfi{'.f~i~.rces Code'·S.~:C~?ns 42648 through 42648.7; 17. Pollution prevention in complia11·2_~1witf:(ifify!s;municipa('~Ji9nal Pollutant Discharge Elimination ,..,,,~..... ,,T,.I.,_.,,_ •.. _.,. ..,,..,,/.,., System permit, city ordinances i:frii;J, the city%tlU~isdictioh'i;ll,.,U,rban Runoff Management Plan ~> . ,;.-,. "~,·-•;;:,y "(/'.½·:-:,/." .. ,'// ~ ... _ (JURMP)"· / '.;/;;,: __ /,>%···,. _ ·,wi:_:::__ ,1;~--i~_.0_ '_".-. •. ),:;_;,; , //,;'1:. ,.,-;,,;-{--~~½' ", '½% h7;~-J•·V.½z'z· "/,/ 18. A descriptiefi:,w\1~;-·;td9fdi~g equipnl~r ~@'Wci, ;m7i%ff~~Jion equipment, or other attention- getting devic'~s;t9 be used Jo/connectiohjyvit9~the special ~vent. . ~;';';:';, (;1/•-, {:3,0' D. Applicants for a rep·e~i ed evenf hE!/9. on privat~woperty (such as fireworks) may file one annual special ev~fll;c3pplicatio'A~iden,tif9{ng tH:e·eyent dates,:{or one calendar year. ,,;f iff Jtft:@:stttir~1\ ,~_; -;; :;;;, --. < ,;: ~ittt:; 1/ >};i?2{~ 8.17 .07;:9J;;;;. Fees. '~:'~;-;'?:, .... -;,_ _ -,::,:::-:, A Maj~f lg:yent Fee. A nohtij:f:Y,ndaole t~~. as set forth in the schedule of service costs approved by city countllJ;e~~lution, reason~ply_ calculaJj;dJ o reimburse the city for its reasonable and necessary costs in receivitfgf processing an·at eyiewing ·1:ipplications for pf rm its to hold a major event, must be paid to the City of'E{~d1;,bad when ariJ~pplication 'is filed. "<1{~❖~-~ ·,·~:;;,~"'x: B. Minor Event F·e'~J~ nonrefund~ble fee, as set forth in the schedule of service costs approved by city council resolutiortJr~9?onal;>_lfqglculated to reimburse the city for its reasonable and necessary costs ';_?, ;'~·!>. _./:'/·:'-'/'.''.'; in receiving, processir,ig>ar:tc:tceviewing applications for permits to hold a minor event, must be paid to the City of Carlsbad wh'~1ffJ'/,f ~pplication is filed . . .,.,.,._,,;%/" C. If the application includes the use of any city facility and/or property, or if any city services are required for the special event, the applicant must agree to pay for the services in accordance with a schedule of service costs approved by city council resolution. D. Third Party Fee. If the permittee provides for or allows third party vendors to participate in the special event, the permittee shall pay an additional nonrefundable fee, as set forth in the schedule of service costs approved by city council resolution, reasonably calculated to reimburse the city for its actual and necessary costs in receiving, processing and reviewing the application that includes third party vendors. The amount of the additional fee shall be established by resolution of the city council and shall be based on whether the application is for a major or minor event. May 14, 2019 Item #4 Page 50 of 129 EXH IBIT 4 8.17 .080 Police protection and other emergency services. A. The police chief will determine whether and to what extent additional police protection, civilian traffic control personnel, private security and volunteer staff are reasonably necessary to ensure traffic control and public safety fo r the special event. The police chief will base this decision on the size, location, duration, time and date of the special event, the expected sale or service of alcoholic beverages, the number of streets and intersections blocked off from use by the public, and the need to detour or preempt pedestrian and vehicular travel from the use of public streets and sidewalks. The police chief shall provide, if police protection and/or other emergency and safety services or equipment . is deemed necessary for the special event, an estimate of the cost of extraordinary city services and equipment required in writing. The applicant will be billed for services after the event. B. When_ the police chief is determi~ing the size of the even,.½.~IJ,d the s_ecurity needed to . ~rotect part1c1pants and spectators, the estimate, based upon reasonably known 1nformat1on, of part1c1pants shall be determinative. The numbers of persons attending "(rr're~ponse to an event, to heckle, protest or oppose the sponsor's viewpoint shall not be consid7,~icf'[fCfhe cost of providing police protection. 'i✓ '/y '. , ·~ .?!~ •,~ 8.17.090 Release and indemnification requirel);l.,(t#t; ,-. Permittee agrees to waive and release the City,p:f <)'9~rlsbad and its offi9ej'.~. agents, employees and volunteers from and against any and all claims, coi ts,; liKbilities, expenses or juag·ments including attorney's fees and court costs arising out of the activities 8Mht~ special event or any 'illness or injury resulting therefrom, and hereby agree to indemnify and hold ha/n'f{lse. the f:ifY¾9f Carlsbad f~ot:;:\\3_~1d against any and all such claims, whether caused by neglig~_nce or othervv'i s~;:;~_x@'j;j'Vfor illness and iri[u_r;y~resulting directly ~ •'/ Z%; <rr.:;·-~;,7,f",,,r ~ :-r ✓,//.'/ from gross negligence or willful miscoriau¢fJ6nJhe part of th·e;!!)itf:'or its employees. · ,:titf:f;;t,:,,;;; . ·,;~;WJt;:/ 8.17.100 Insurance requ irements. \;;,·; ·/, >:;~:;:;. '~ti~,, Whenever a special event, iri,cluqing but not limited to ~sfi:i'[pjts, ,fairs, .iff8 1~,tic events, trade shows, concerts, or conventions, requires ;:{p[fr-i'fit:'q!Jcler the pr6Visjons of_tliis'¢6a~,,the dp~hsor, event organizer or person --;••{!)_;_ ,.,.;, ,0:,, /..,. ··,,;;/°// ,;:,-/h,:j> conducting the speciciJ;::e,'yenf shalljtr1:>vide evideJ1c~ ,dt;c;:ommefr9Ji:!t,;general liability insurance in a form acceptable to the risk•;'.11)''¥~;:iger (and\{qqitional cov~fage(s) as appf6priate for the activities of the event), naming the City of Carls6l~{~~an ad4fff9nal insured(°~,IJ.d with a coverage amount to be determined by the risk man~ger ~2:~2E?_ing to tnt ~}f.~.lr1iJf~~}\!~:to~s ot,ttif eve~t: When determining th_e si_ze of the event and the ns~t.9 pc1,ft1_cJJJ,g_()ts and .?g~yJatorsf tl;j.e;~,~!1_matept J)art1c1pants shall be determ1nat1ve. The person conductITT,9:lD"El 'spe"ci~.i)i v~w t sh~W1rn~t be reqaff@:J~ in~ure a_ny risk ~rising from persons attending_ in respon(e:,to an event, to'hepkJe or oJip~s~ the sponsqr;s viewpoint. The insurance company or companies ¼1/ 1~~ ~,r,T//0', , ""'. .. :::.l➔r_,.,., · ~ shall meeUhe requirements"/e,stablished;b_y:;city council resolution for all insurance required by the city. The insurance\~q'J[i:>Y required by Hfti}s,ection~%:ffi~J[not be cancelled, limited or not renewed without 30 days' prior written n6t(i;7~as been give~f~_the city/)?-· . ·-;1{fa ,,. tl! 8.17.110 Signs. ~/. .:::, x::;co A. The permittee sh~ff;P,5;>,st st~f~t/t losure notification signs at locations approved by the city manager which include the naiti'&:qf ttr~':event, date, time and location of the closure and which: '•1/,f >1/:?' 1. Shall not exceed 1 El.square feet in sign area with a minimum letter size of four inches; 2. Shall be posted on any street on which more than two intersections will be closed, and any secondary arterial, major arterial, or prime arterial that will be closed as a result of the special event; 3. Shall be posted a maximum of 15 days and a minimum of 10 days prior to the scheduled closure; and 4. Shall be removed within two days following the conclusion of the event. B. The permittee may post a maximum of eight signs that promote the event at locations approved by the city manager. Event promotion signs shall meet the following conditions: 1. The event promotion sign(s) shall not exceed 16 square feet in sign area; May 14, 2019 Item #4 Page 51 of 129 EXHIBIT 4 2. Shall not be posted more than 16 days prior to the event; and 3. Shall be removed immediately but in no event more than two days following the event. C. The permittee shall post traffic control and/or directional signs the day or days of the special event as required by the permit. Traffic control and/or directional signs shall meet the following conditions: 1. The location of all traffic control and/or directional signs shall require approval of the city manager; and 2. Traffic control and/or directional signs shall not be posted more than four hours prior to the start of the special event and shall be removed not more than four hours after the conclusion of the special event. Any sign(s) left out after four hours may be removed by city staff and disposed of without compensation to event organizer. .. D. The permittee for a special event permit may post signs an\:t~t~tft rs during the special event at the ,·)'~:'..;.;/,j,~ special event venue. ;:;::,;:'/;; /(;,::~:.);}-~~/. 1. All venue sign(s) with more t~an 1_~ square fee_t ~t~~~r~~B{ signs that are more than four feet above ground level shall be 1dent1f1ed on th ~1[ plan. ::::Jh .. 2. Each venue signs and/or banners shall bed e.st 'than 50 square .f¢et, of sign area. E. Signs stating "no parking/tow away" shall be~;t;d 72 hours in adva;~{ft>tJhe event start time . . "/i/,</,, ·',/·'/~, -~1//.>/1;, '-,1~·/{1/;·, . ~:J;,;>, .,:i;;;'< ., ';fffs};;, 8.17.120 Notification. '-#½> 1/.~;f:y;;· ~W.r., A The applicant for· ,,"" &J'.<;,;,;,..,t;. ,)~/ ,,,.r;;:;" . · i}f;;(f:,.;;, o::;,,J;W;:,/,/ . '0:;c . . . . ::;;;,»;?-?;:, '✓;;/ ~-1. A first time maJor event, ~f:; .;;,,f.:f7-, .. ·/;.;. /')>, ,½V, ,?½'1/> /, /0'% C 2. A major event that has not been'_Held fo~fnore than tw'o~ye;ars; "()(1:. , Y//?fy~--:'(,~.,.,._ '·.f --:-,::,/ 3. A first time event at a city facility tY)?tis ncinirGtfi9rized by fc(qility use permit; or • ,.(,/if1/>: . --~~ . '<;;:'-&'{;o,,,.. '; I,,;,, . 4. An event at ~,PJtf~9!!_1tt;t~at IS not a_~Jnonz~,~~~tJ §jiWJt ~se p~rm1t a_nd tha~ has not been held for more th~Qj~O years;,:-sn.~11 sponsot;;,;tUJ.,,WD9 for0aU@ff~_cted parties. This meeting must be held not mor.~;9,?n 180 day_sj,prior or lesf;t~~if 80 days prior to the special event date. Affected parties must -~)9.9tified b,fJhe applicarftJvJ,a the United States Postal Service or by direct distribution to al i7%iffected ,part1es of the m4tiJ:!g a minimum of 1 O days prior to the meeting. The ~-/,:~~Jy·.-,, .. . ~{'.).~~•r, ,/~·::'--"}/ ,' //,(/'/r:.,,,, \7.'/_,;_.,,, • . . ~t1:r:~:'1.sB~?¢?fJ ~1s mee,ypgf~.1IF,be t9}aJt9w tn~<~pec1al event sponsor to 1dent1fy and address ,,Jbonc'erfis::;:,-ofa:ttected parties regardirig;tti'e tim ~h place and manner in which the special event is (1:J[f6'b~ held. 'ct{i~:~QS rJff~{~g the m'ef{~ge or vie""'.point of th~ event spons_or shal_l not be '\;;fBRs1dered. The P~f;~~.and r~wtat1on director may waive the minimum 80-day time l1m1t for the ·~ff,~ct ed party meetiqg~\i\'.ith a wfjttep finding of good cause if, after due consideration, the parks ,,.,,.,,~~~ ~,i'.//,f, y '/ _/P anaJ£icreation director:aetermine's'.that because of the limited scope and complexity of the event whe~'.Jpp:5\dering the J~W(cation ~riteria, there will be adequate time for review by and input of concerri'e~}~{{ected part1e;~t <,;;;,;_,...7''."\-:-t-·';</,'.~· B. The applicant foHt:rnajor ii:St~al event permit that is not subject to the notification described in subsection A shall rib'tify 9,ll'affected parties of the event not more 40 days nor less than 30 days prior to the special event d1t~'~flli7the United States Postal Service or by direct distribution to all affected parties. The notification ,~hall contain information concerning the event and information on how to contact the applicant and the special events committee before and after the event. C. All applicants for a special event permit shall notify via the United States Postal Service or by direct distribution to all affected parties of the event not more than 15 days prior or less than 10 days prior to the special event date with information concerning the event and information on how to contact the applicant and the special events committee before and after the event 8.17.130 Reasons for denial of a special event permit. A. The city manager may only deny a special event permit to an applicant when any of the following applies: May 14, 2019 Item #4 Page 52 of 129 EXHIBIT 4 1. The application for the permit (including any attachments) is not fully completed and executed. 2. The application for the permit contains a material falsehood or misrepresentation. 3. The applicant has failed to conduct a previously authorized event in accordance with law or the terms of a permit, or both. 4. The use or activity would conflict with previously planned programs organized and conducted by the city and previously scheduled for the same place and time. 5. A fully executed prior application for the same time and place has been received and a permit has been or is likely to be granted authorizing uses or activities which do not reasonably permit multiple occupancy of the particular site or part thereof. 6. The applicant has not complied or cannot comply with 9ppJicable federal, state or local laws, ,,. ✓--~~-;;r, . regulations, ordinances or city council policy. _.✓•✓,:-:~J}Y' 7. The applicant has not tendered the required ap"~licatjon, indemnification agreement and endorsement(s), insurance certificate, or security;t(~Jte'JH\6rgolice and emergency services and ·«'w ... , .. equipment within the times prescribed. //4. ,,{;:;;, <{1:;,,,, 8. The applicant has not provided for the se~i(e?s'.:bf a required ndh'{~er of police officers, fire and/or /,,,,,;,,;.,,,,/ ,,,.,,.,..,,,,, paramedic personnel, private security,f'c[vilian traffic controllers·"qf:, event volunteers/staff to ensure the safety of the event. (',~rt. .,,,;1da::~ 9. The applicant has not provided adequa(/;t ~nitation aoa other requ~fJ1health facilities on or .-;_~-/ ·-. ./. /~,.:1·;:;;· ·,,,·y;,;::.:;?- adjacent to any public assemply area. ·,::~>:?;;. /if.%:f/ ··<,rm;.;. ,~·?;%->-:· ~-. . . t;:/,/j;;~ -1:~y•«~-. ~ ~,;7. 10. The applicant has not provia.etJ S$'u,ffi,cient off-site''~rRfifg or shuttle service, or both, required to minimize any adverse impactfg'rfpQ~liYJ~arking and tr~ffic circulation in the vicinity of the special event. '\fa. ··?~~W@}:~, ~::'J1J:},;,_, 11 . The applicant has t1ot obtained the~~Rproval·of[.a.1;1;yother pllQljc;.agency within whose jurisdiction the special evenf:ciif'.'portton thereofWflt,occur. Jff]:~,o-. \{t /ii>-~{?",-'//$0,1?{1/:, {'f0; /ij:77~%::~1-f~~(::~~,. ,, . . 12. The use or ,a_cj:ivity woula prfesent an un(easpl;l~ijle dang$r;;tpJhe health or safety of the applicant, /¢/ / ~--Yh ,,1.-=;:;..-:½,'Ji1/ ,.,.y,?.· other users 0fthe site, or tg'Ef public. ·'.{f:\;f;::V" · 0:•· 13. The special ~o/~::»'.!JI req~fJ~.:: exclu~iV~~~~e of beach or park areas during any period in a manner,wh1ch will have aaverse:11J7pact on tbe:r easonable use or access to those areas by the ,,:,.,,:;.,;, -".//_/;:.. ·,,., ~-,,, /·_.// ,_.,,,. r ·,_. _-. r,,..-;,•r'/,. . general' public.. · (''-' · x ''/,;·,;~:;::,_. ..,;;:,;~.:'~ , _/4;:;~•/77., .,_ ·-" · ··-~0µ,ilx <?r~( ;,-. ' --~~?;}~/-~~> ~-~:y' 14\.<'.Tcne special · e-kqt will 'cre·ate the imrfiifrent possibility of violent disorderly conduct likely to --'.;,r,.•,"'/" ·, <;I;/. J.-C://,/.· ',·,~-/,.✓- ,'<:},~g ~anger public li~~Jt~, satety,zp~ welfare ·or to result in property damage. 15. The.·~ special event ~ib interfer~:?w ith the normal access and function of businesses and/or reJid~nces during an{;;$~Jiod in '~%anner, which will have adverse impact on the reasonable -~-...-..-/1·.,__ ',/if·~-- use or -~£?,E:SS .to those ~JtJls. . 16. The speci~(e;vent will r~c{Q ire the diversion of a great number of police employees from their normal duti¥g;;qh,erebt.ffr~~enting reasonable police protection to the remainder of the city . . 7.:' . /,~~ -~ ,_:<,,;,~, -: .>P' 17. The conduct of th¥;spfcial event will substantially interrupt the safe and orderly movement of other pedestrian 6(.;◊ehicular traffic, including public transportation, contiguous to its route or location. B. The city manager shall not deny a special event permit to an applicant based upon the message, content or viewpoint of the event sponsor. 8.17.140 Notice of denial of application . The city manager will act promptly upon a timely filed application for a special event permit and will make a determination not less than 28 calendar days prior to the event. The applicant will be notified within two working days of said determination. May 14, 2019 Item #4 Page 53 of 129 EXHIBIT 4 J. Conditions or restrictions on the use of alcoholic beverages and authorization for the conditions of the exclusive control or regulation of vendors and related sales activity by the permittee during the special event; K. Provisions for any required emergency medical services; L. The applicant's recycling plan; M. The applicant's plan to control water run-off and other contaminates that may enter the city storm drain system; N. Provisions for cleaning-up and restoration of the area or route of the event both during and upon completion of the event; 0. The requirement for the on-site presence of the event organi~({E,9r a designated representative for event coordination and management purposes who shall ca,rf11He special event permit upon his or her person during the special event. ,::i:ii%f;:,/ -:J~'(;J~(::, 8.17 .2~0 . Violations. . . ,4:!1;: , .,,,-;_ '\&'.' . . . . A V1olat1ons of the terms and cond1t1ons of any of ,th~Jollow1ng proh1b1t1pns in this chapter will constitute a misdemeanor punishable by a fine of up to{~\;000.00 , or by impri'§oJ~rnt in the county jail for a term not exceeding six months, or by both: \?:;('\ '·0::::,fi~,,. 1. To stage, present, or conduct any specia?J?f nt without}i,r:>t having obtii~~9. a permit under this </:_~,-:,·,, .;,·1·1/::.-::~1~ ·'(>:;J.:/>, chapter; .;:,;.:,. -~/\:;,. 4/97 •::;;~@ffi,?: . 2. To hamper, obstruct, imped~;~9f:?:int~rfere with an{,;p/~cial event or with any ·person, vehicle or animal participating or used ir\tfai'0§,p:~gi?I event; /,~'%\, ?~?·;;.:,_ . <,,,,:,r})k-.. ~.-:;:...,~·>;> 3. To carry any sign, poster, plaqLI/ti;,.or riotj'f,~;:e.~hether o.r:_n9t mounted on a length of material, unless such sign, poster, plaque, or~jiptice·is:'$r,istr,ucted or '.ffi9de of a cloth, paper, or cardboard t · 1-/"%'./; /<.-;.,. -. '~-::;?'.-:-, <(1{✓i/):;',-·. ~ . :/ :< '_;•:~. ma ena, _ ~.?:~·:_0,,?(/?1_,;-_, _ _ (·.>(~·~-_ _/2-j~~_,?j✓',· __ : •.:,~._ /✓ 4. For any per,~.r .. :J'i~tJJittAg· .. in. any sJJt.j .. 'a) ~v.·~ .. -~~~1rttfiM\11;p_o;~ss any length of metal, lumber, ,-,,.-/,!~~.-,,r1 /', .,-• .r:, · /l,✓.ij.J, ·' -,_,.--.i;_~,.-/, wood, or sim,[.\~j;,Jnaterial fq~p,urposes of;~Jsgla ing a sigfi}poster, plaque or notice, unless such object is one ·a~)g r,ie~fou~l)1{nch or les~~0}t~ickness and two inches or les~ in ~id~h, or_ if not generc3lly rectangyJpf;.)n ~.h9,P~,1?,§y ch obJec;~:9"1ay not exceed three-fourths inch in ,ts thickest ,,::$¥{~i~~i;t};:, "(>(j~';;j;;•::?;1;,2if(:i<:: ... · \$, . B. Violatidr:is of thtH etJ:6s,;,md conditions of afif ofthe following prohibitions in this chapter will constitute •"-'N··~✓~-· 'F:')(•_'Y>. <.· //~/ d/ -;t/.1/ anjjJfraction and sha'liq;;te,,punil n~~;qS provided 'for'. in Chapter 1.08 of this code: '/;.:~:~--.:,~::,~. •~12<:),,,, -'Y_t,%0'.·.• 1. •'j'fb\participate in a 'spe:cial eveh}foJ which the person knows a permit has not been granted; 0-~~,.'-~~. ••,, . .>Xr/. ✓///c/_/,.. 2. To~(li,O,Y{ingly fail to caftfply with ·afi}~condition of the permit; "i">~::?5~;:,_ ., \;::;;;"::-:.. , ' / 3. For a 'patti.cipant in or:::~~.ectator at a special event to knowingly violate any conditions or l/,eC>;y~,-:,.,-{.,;,:·.,·• prohibitiohl:f::contained in -tne special events permit; ··,,<::,;.r"..~. s:~x:~~:~- 4. For any drivet.:~L? v~IJj~tt 'to drive between the vehicles or persons comprising a special event when the vehicl@'~~q(p~ts6ns are in motion and are conspicuously designated as a special event; -1.,;,-.1,:J,.1,,v 5. The police chief m·ay:1prohibit or restrict the parking of vehicles along a street constituting a part of a special event if the police chief posts or cause to be posted signs to that effect. It is unlawful for any person to park or leave unattended any vehicle in violation of the posted signs. C. The police chief may, when reasonably necessary, waive parking regulations along a street constituting a part of a special event. 8.17 .210 Revocation of permit. The police chief may revoke a special event permit without prior notice upon violation of the permit or when a public emergency arises where the police resources required for that emergency are so great that deployment of police services for the special event would have an immediate and adverse effect upon the May 14, 2019 Item #4 Page 55 of 129 EXH IBIT 4 health, safety and welfare of persons or property. Written notice of the revocation setting forth the reasons therefor, shall be hand delivered or mailed to the applicant at the address provided on the application. 8.17.220 Severability. If any section, subsection, sentence, clause or phrase of this chapter is for any reason held invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision will not affect the validity of the remaining portions of this chapter. The city council declares that it would have passed the ordinance codified in this chapter and each section, subsection, sentence, clause or phrase contained in it irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases are declared invalid or unconstitutional. May 14, 2019 Item #4 Page 56 of 129 EXHIBIT 4 "Sidewalk" means any area or way set aside or open to the general public for purposes of pedestrian travel, whether or not it is paved. "Sound-amplifying system" means any system, apparatus, equipment, device, instrument or machine designed for or intended to be used for the purpose of amplifying the sound or increasing the volume of human voice, musical tone, vibration or sound wave. "Spontaneous demonstration" means an expressive activity occasioned by news or affairs coming into public knowledge less than 48 hours prior to the activity. "Street" means any place or way set aside or open to. the general public for purposes of vehicular traffic, including but not limited to any berm or shoulder, parkway, puollc.parking lot, right-of-way, alley or median. _ .lf]F . ,.J'-lfr.~-'1/ "Risk manager" means the risk manager or authorized designeci3/J%.: ~:iv.: W/"~:;\~~:, •' /·'/-w --... ..;%:;.:. 8.18.030 Permit required. //i .""'f ·.,:'f:(f¼(')b_ A. An expressive activity event permit is required prior to conducting a dern'.oristration or other event with the principal purpose of engaging in exp·r~sJ iy_e activity, where the adt'iyJty)nvolves a gathering of 75 or more persons and any of the following: '\,/ > _ /£ . %.-;~~~-. ... ~, f -., /' /,; ·" / .. ~d)f 1. The use of any public park dr,_%.~il~-~lic area; O[;_ :Jif' '•fr· 2. The use of any street or sidewall{Jk,a '.rj:Janner that does+1ot comply with normal or usual traffic 'I.~'-. ,;,. •~ <_-,,-..,;,,,,. "i:,1 /~ regulations or controls. 0/(!:j '•j:i:;;:'°"½-. · 1.:,:, :,. ;1::,.. ' ' '\:'?.•):>'-:;,., <;, ',; ;r,,, . B. An expressive activity event permit is nJi'feguir~Jf~~:~ ,spontane·ErJs-demonstration that meets the criteria of Section 8./1 B . .030(A) if the event:organizer-;;provLtles◊at least four hours prior notice to the police chief of the(date(s), time(sL and locatidh(s}";J;,,hele fhi:?e¾ent is to be conducted, their contact information, and an estimate ofthe .number of;pers:Ons that wif(ife participating . . i' ',,✓. ,,....-; '•·: //./,'. -ehC. Regardless of whether:ah expressiJe.activity ev~i-permit is required, aAII persons that conduct or particip at~ iJ'.J aD .~~pressiv~ acJivity t~~f qo~!> not ·r~:foajre an expressive activity event permit must und_eftgk:tfaff (@~~onable measures so that~1lent pal'.tibipants and activities comply with all /l•Z!":r,1/./ •· • ••. _ .. ,,,r,;,, './' _1 • ·, , ~ • ap~lkq?ble state and t 9~1 laws ~n~ r~gulations. r,. .. .,.V/.,.. ·· .. fil•,%' , , ,._ 8.18.040''Apj:>lication. .:~f(-. -~1·;~:1/... q ~{i:~\~>--~{,/ · A. A persort:+~gl,lesting an expres·sive actilfity event permit shall file an application on forms provided by the city -;;;~~ager. The cit/.'1Yill not process an incomplete application unless the applicant obtains .. .,.,,:,,.,.., ,)',lj(_->' a waiver of appli6'able require'.Ments. '<,-:;:~~~-(;r, ,•~:-;-%" / B. The application for ar('.e_)mres~iye activity event permit shall set forth all of the following information: '·>•f;~:-:1.v 1. The name, address)email address and telephone number of the event organizer. If the event organ izer is a non-individual or corporate entity, the application must identify an individual that will act as the primary contact for the event. 1. The name, address, email address and telephone number of the individual applicant and the name of any corporate or non individual event organizer, if any; a. If the event organizer is a non individual or corporate entity, said entity must identify on the permit application the name of its chief officer and the chief officer must sign the permit application; May 14, 2019 Item #4 Page 58 of 129 EXHIBIT 4 b. If the event organizer is a non individual or corporate entity, said entity must identify on the permit application the name of an individual that 'Nill act as the primary contact for the evefl-h 2. The date(s), time(s), and location(s) where the expressive activity is to be conducted~i- 3. An estimate of the number of persons who will be participating in the event; ~If the event requires full or partial street or sidewalk closures, the applicant shall provide the following information: a. The assembly point for the event and the time at which people will begin to assemble; b. The location of the disbanding area; p c. The proposed route to be traveled; .. "J~&;> ::%"::/,;:-:,;)" .§G. Whether the event intends to occupy all or ~r:iJY)!iYportion of the streets and/or sidewalks ,,·✓,.,,..>,;,'·~:.::-~~:/':',-; proposed to be traveled; and ,;~:{,s\::;:.,-· ''•:{"\ . ]2e. /1.n estimate of the approximate numb~cei·,,:tJYsons ·:,;,ho:\,v,jll be participating in the event. , • 1/,,' •v~f-•,;._,, A proposed traffic control plan desorib.ing how the appllcant proposes to accommodate both the public's normal, typical, of :customary use of any·•:si'cl~walk, street, or parking lot d th t / t1/,. .;~,-:~:..,-:-,: ... ~ an e even . ·. /;-. ·-:~::~:;,;,. C / ',<'. ',-{ ~~~:~' .§.4. Whether the event will involve the use of vehicles, animals, fireworks, pyrotechnics or a sound-., I /,--' ;f,; V:/ •,; .,,,,,,-; amplifying system. ·. ;;;, · '.".''•,,'.,:; · '.;7 ··</{%: ' /,,,/.:/;,, /~ . ,I / '\-:, 6. Proof of commercial general ·1it bility insurance in ~· f&.ih,acceptable to the risk manager (and --additional coverage(s) as app~6°"~1a({f~} th~ activitie~\ii:thE! event), naming the City of ,,. ,,: ·. ,,, ;,, / .,,.._ ~,.. Carlsbad as an additional insured,;and with ,a foverage amoDnt to be determined by the risk "(1/ ,, <, ,, ',. ·.' ·. '1/· ~- manager accordjn~J~A~~ size and ri;5k f actors of tfre,:El~ent ilj~•insurance policy required by /_?, ,-,,,y·, ~'>'-. /'f/-?._::~ I , '. . .,. . ,..,, / . . ✓ ,1 this sectionJ?.~JJ,l1ot lie_ ~~ryg,ell~d , limitJtor}~}re rie~~~:6,;'f~~~o'Lit ~O days' prio~ written _notice has been g1v~n to the c1ty:· Notw1thstandmg t he foregomg,,.proof of insu rance will be waived by .. /~.1..✓,-,.. 0 ~.,I / the city manag6fJn,any of tl'ie'~following circumstances: ~ •.)'/ :0 ! 'l-'1/ ,I ;~ a .... :rhe.event dcie'i'hot:pi~'gEffirsignificarit'dublic liability or property damage exposure for the , ,,_" ~:bty, ti~sed on ~'1~:Hi~61 pe~~5M~f)njury or aroperty damage claims being awarded against ..::. ., . -'.• :.,,·,,-· > •: ,,,..,.,;:,,..,. ',;,,,,/1/,.,h'~, .,.~ :f.: ,. previous events in tlie":city that areFsimitar in nature to the proposed event; ''':<:b:·-~ .. The applicant ~grees,;J~~~design or r~~chedu le the permitted event to respond to specific ',. ~;risks, hazards ofdangers.:t~~he public health and safety identified by the city manager as / ,·.. \ ,;: ·1.,.;: ,,:: being reasonably foreseeable -consequences of the event; or The,~~plicant agrei~\o indemnify, protect, defend and hold harmless the city, its officers C. ''/ ', / ;1_· and employees against all claims, damages, expenses, loss or liabi lity of any kind or ', .,.., ,1/1'. 1/'l'i nature whatsoever arising out of, or resulting from, the alleged acts or omissions of permittee, its •offi6~rs, agents or employees in connection with the permitted event. 5. If the event will impact the public's normal , typical or customary use of any sidewalk, street, or parking lot, the application shall include a proposed traffic control plan describing how the applicant proposes to accommodate both the public's normal, typical, or customary use of any sidewalk, street, or parking lot and the event. C. The applicant shall acknowledge in the application that if City property is destroyed or damaged by permittee's use, event or activity and the damage or destruction is directly attributable to the permittee, the permittee shall reimburse the City for the actual rep lacement or repair cost of the destroyed or damaged property. May 14, 2019 Item #4 Page 59 of 129 EXHIBIT 4 Q__ The application shall be filed no later than two days before commencement of the event. EQ. The city manager may waive any of the permit application requirements where circumstances make it impractical or unnecessary to meet those requirements. 8.18.050 Permit approval or denial. A. The city manager shall act on all complete applications in the following manner: 1. After review of the application and receipt of all required documents, the city manager shall issue the expressive activity event permit unless the city m/.a_nager finds that approving the permit would be contrary to the public peace, health, safe,fy1 pr welfare for one or more of the /(/,y• following reasons: /:;,;.✓,,,, a. The event will unduly interfere with ingress t0f 6r'egress from, or travel on a freeway or ///· .·/ <✓.:: ,• state designated highway; _ 1f/ :·· :-;<?-✓ b. The event requires a temporary street.cli ~:ure that wil(unduly interfere with the orderly ,,,-_;,1,,;l;J?~;;::1/ •✓)· ,' and safe movement of traffic or th~At.§.Jision of public servi~e~, and the applicant is unable or unwilling to modify the e'.V&t,t's scope, location, datej fr:ne, or duration to ' • • • , ';j<Ji;--,_. . . '<~;.;( 7 mInimIze such impact, :%;;;1,._ ,~;,., · ::,:},✓ 1r5.-'h , /·•/-b..,.;,. ·✓ / ;..,_. c. Due solely to the number of event participants anQJ;tfieir impact on normal traffic or pedestrian flow, t+he ey~nt:-yvill require a gf@·itJ<f~ff(diversion of polic~,;,6fficers such that police protection for othet ~n;~s .of the city ~'~Mfei .. adversely impacted, and the applicant ~,1/,'1/\ '/// ~;•~ .,,r;r:&•'❖;- i S unable or unwilling to rn69ify the··~vg~t's scopef !i99,tion, date, time, or duration to . . . h . t ~/-·:<;:::J,;' ',:'~-mInImIze su~ ,,i,mpac ; or {~i;;_;,;_ ,, '':'.;;::ii··,>.. ,;;;¢9.> d. The anticipafed~o·urnber of event,particip;:frfts-wou.ld exce,e'~-the safe capacity of the ~ ~'.Y ,. /.l,;,.}d~·.•,/•,{0·~,· . ·(,t,,, '·. '/.•,• .~:,'T,~·'./ L,1.,. (•?' beach., p0_1;)1ic parRBoo:0ther publicfarea; :p{ttilic v~~ei='t'.t,ay, street or sidewalk where the .:.,~11,;,;·;:·· ·•,:,,:1~:Zr, \'-1)·::/,.-,/4, /1/,.-' '"._ 4./ event Is proposed. '<[/,;;, . · / ,, · -/ "• ,)'.,;~:,,., ~·:.:::;, I / < J-' +he city manager may im66'fe;,qond:,~·@ . .an approv·ar of the expressive activity event perm it as he or she 0~, ... ;?1, ;;,:,g,:,-:-}~·:,.\t~•·;,,,,., . ,I .1,. determines to✓p,e·~easonably n~~~ss~~tfoJ~t,cjl~ct the publi,c peace, health, safety, or welfare. ,/..-% ;_ ,,,..:... _, ",-;,• ,.,X-·>/41x'v.~·.?" ,1;~«~1:~,. .; x~. 2. /The-,dty-foariaget>may f mpu·se conditiaifs:jbn. approval of the expressive activity event permit as ,,.-::•. ',' ' • ~ I/ . .!• r,/,-J ,,.,,_, ·;,:,; '.,,•_,;,,,.,,~, '.:'Ile or she determines to be i:easonably nec·essary to protect the publ ic peace, health, safety, or \v.elfare. In imposing~Uch conc:Hti61:\s, the city manager may not consider the message of the event, the··-content of the spee~h-, the id~ritity or associational relationships of the applicant, or to any assuniptkms or predictions 'as the arr,·ount of hostility which may be aroused in the public by the content bf;.hie speech or n,essage conveyed by the event. ··.:0❖•'%~-z ~ 1/. 3. The city m;~~ger. will acdtromptly on a timely filed and complete application and will make a determination n'o't(less .th~fi~6ne calendar day prior to the event. Any permit denial shall be made in writing. B. An applicant has the right to appeal the denial of an expressive activity event permit to the city council. , The denied applicant shall use the following procedures: 1. The denied applicant must make the appeal within five days after receipt of the denial by filing a written notice with the city clerk and a copy of the notice with the police chief. The city council will act upon the appeal at the next regularly scheduled meeting following receipt of the notice of appeal, which decision will be final. May 14, 2019 Item #4 Page 60 of 129 Exhibit 5 1.Determination of Permit Requirement An expressive activity event permit is required to conduct a demonstration or other event with the principal purpose of engaging in expressive activity where the activity involves the following: • A gathering of 75 or more persons; and • Is either located at a public park/other public area or is using a street/sidewalk not in compliance with normal/usual traffic regulations/controls. Examples of demonstrations/similar events include: march, rally, parade, procession, picket, distribution of fliers or literature, press or media, assembly or public demonstration of persons or vehicles, or a petition with signatures. 2.Application Submittal Applicants must submit a complete application to the Police Watch Commander on city-approved forms, including all required attachments, at least two days prior to the proposed expressive activity event date. The City will not process an incomplete application unless the applicant obtains a waiver of applicable requirements in advance of application submittal. The applicant shall submit their complete application via email to PoliceExpressiveActivity@CarlsbadCA.gov or in-person during regular business hours at.the City of Carlsbad Police Department located at 2560 Orion Way, Carlsbad, CA 92010. For applications submitted outside regular business hours (8 a.m. to 5 p.m.), applicants are strongly encouraged to concurrently notify Police Dispatch at 760-931-2197. Applicants may obtain application assistance, including a request for a waiver of applicable requirements, via email (PoliceExp ressiveActivity@CarlsbadCA.gov), in-person at the City of Carlsbad Police Department located at 2560 Orion Way, Carlsbad, CA 92010, or via telephone at 760-931-2197 (24 hours) and 760-931-2100 (regular business hours). 3.Application Review As soon as feasible after receipt of a complete application via email, the Watch Commander shall notify tbe applicant that their application has been received. The Watch Commander shall review the submittal and confirm it has been submitted on city-approved forms (see Attachment 1) and that it is complete. Absent a city-approved waiver of applicable requirements, a complete application must provide adequate information for all portions of the application form and must provide any necessary attachments. The Watch Commander shall notify the applicant as soon as feasible if they did not submit a complete application for city review. Applications received via email at PoliceExpressiveActivity@Ca rlsbadCA.gov will automatically be sent to the Risk Manager and the Recreation Services Manager for their review. For complete applications received in-person, the Watch Commander will do the following: • Promptly email the complete application to the Risk Manager and contact the Risk Manager by telephone to confirm their receipt of the application. May 14, 2019 Item #4 Page 63 of 129 Exhibit 5 • If the location of the event involves a park, promptly email the application to the Recreation Services Manager and contact the Recreation Services Manager by telephone to confirm their receipt of the application. The Risk Manager shall review the application in accordance with the procedures de.scribed below under "Insurance Requirement." The Recreation Services Manager will determine whether there is another conflicting event for the proposed event park location and will notify the Watch Commander of any conflict. Conflicts include, but are not limited to, concurrent park rentals and events sharing use of adjacent city streets and/or parking. If there is a conflicting event, the Watch Commander may impose limitations on the proposed expressive activity as a condition of approving the permit in accordance with "Waiver of Permit Requirements/Additional Conditions" procedures below. Insurance Requirement Upon receipt of an application from the Watch Commander, the Risk Manager shall review the application for compliance with insurance requirements as outlined in the Expressive Activity Permit Insurance Checklist. The Risk Manager will perform a timely insurance review that considers when the city's application response is due (at least one day prior to the planned event). Unless the insurance requirement is waived (as described below) the Risk Manager shall: (1) work with the applicant to identify appropriate coverage for the event; (2) confirm submittal of proof of commercial general liability insurance in an acceptable form (and additional coverage(s) as appropriate for the activities of the event); and (3) confirm that the proof of insurance names the City of Carlsbad and its officers as an additional insured with a coverage amount according to the size and risk factors involved. The Risk Manager shall inform the applicant that they may purchase insurance coverage through the City's insurance broker (requires up to two weeks to process). Upon the applicant's request, the Risk Manager shall facilitate purchase of such coverage. There is no guarantee that coverage will be available through the city's insurance broker for the requested event. If the applicant selects a waiver from the insurance requirements in their application, the Risk Manager shall confirm that the waive r is appropriate due to any of the following circumstances: • As determined by the Risk Manager, the event does not present significant public liability or property damage exposure for the city, based on a lack of personal injury or property damage claims being awarded against previous events in the city that are similar in nature to the proposed event. • The applicant agrees to redesign or reschedule the permitted event to respond to specific risks, hazards or dangers to the public health and safety as identified by the Risk Manager as being reasonably foreseeable consequences of the event. • The applicant agrees to indemnify, protect, defend and hold harmless the city, its officers and employees against all claims, damages, expenses, loss or liability of any kind or nature whatsoever arising out of, or resulting from, the alleged acts or omissions of permittee, its officers, agents or employees in connection with the permitted event. Upon completing their review, the Risk Manager shall promptly inform the Watch Commander whether the insurance requirement s have been met or waived. May 14, 2019 Item #4 Page 64 of 129 Exhibit 5 Waiver of Permit Requirements/Additional Conditions The Watch Commander may waive any of the permit application requirements where circumstances make it impractical or unnecessary to meet those requirements. The Watch Commander can also impose conditions on the approval of an expressive activity event permit when determined to be reasonably necessary to protect the public peace, health, safety, or welfare. When doing so, the Watch Commander shall not consider the following: ■ Message of the event. ■ Content of the speech. ■ Identity or associational relationships of the applicant. ■ Assumptions or predictions as to amount of hostility aroused by the public due to the content of the speech or message conveyed by the event. The Watch Commander shall consult with the City Attorney's Office prior to imposing additional conditions on an expressive activity event permit. Permit Approval or Denial After review of a complete application, including any required attachments, the Watch Commander will issue the expressive activity event permit unless there is a conflict with public peace, health, safety, or welfare for one or more of the following reasons: ■ The event will unduly interfere with ingress to, or egress from, or travel on a freeway or state designated highway. • The event requires a temporary street closure that will unduly interfere with the orderly and safe movement of traffic or the provision of public services, and the applicant is unable or unwilling to modify the event's scope, location, date, time, or duration to minimize such impact. ■ Due solely to the number of event participants and their impact on normal traffic or pedestrian flow, the event will require a significant diversion of police officers adversely impacting the protection of other areas of the city, and the applicant is unable or unwilling to modify the event's scope, location, date, time, or duration to minimize such · impact. ■ The anticipated number of event participants would exceed the safe capacity of the public park or other public area where the event is proposed. The Watch Commander will act promptly on a timely filed and complete application and will notify the applicant not less than one calendar day prior to the event whether the permit is approved or denied. All permit denials shall be made in writing. 4. Appeal to the City Council An applicant may appeal the denial of an expressive activity event permit to the City Council as provided in section 8.18.0S0(B) of the Municipal Code. 5. Exemption from Permit Requirement An expressive activity event permit is not required for spontaneous demonstrations that use a public park/other public area or a street/sidewalk not in compliance with normal/usual traffic May 14, 2019 Item #4 Page 65 of 129 Exhibit 5 regulations/controls. A spontaneous demonstration is an expressive activity prompted by news or affairs coming into public knowledge less than 48 hours prior to the activity. To qualify for the exemption, the event organizer must provide the following information to the Watch Commander at least four hours in advance of the planned spontaneous demonstration: • Event organizer's name and telephone number. • Date(s), time(s), locations(s) where the event is to be conducted. • Estimate of the number of persons that will be participating. Event organizers shall provide the above information either via email (PoliceExpressiveActivity@CarlsbadCA.gov), in-person at the City of Carlsbad Police Department located at 2560 Orion Way, Carlsbad, CA 92010, or via telephone at 760-931-2197 (24 hours) and 760- 931-2100 (regular business hours - 8 a.m. to 5 p.m.). Upon receiving notification from an event organizer for a spontaneous demonstration, the Watch Commander shall confirm whether the event qualifies for the exemption. The Watch Commander shall consult with the City Attorney's Office prior to denying the use of the exemption for an event. ACTION: This Administrative Order is effective on the effective date of the ordinance enacting Carlsbad Municipal Code Chapter 8.18 Expressive Activity. DATE: _____________ _ SCOTT CHADWICK City Manager 1. Attachment 1-Expressive Activity Event Permit Application May 14, 2019 Item #4 Page 66 of 129 { City of Carlsbad INTRODUCTION & INSTRUCTIONS EXPRESSIVE ACTIVITY EVENT PERMIT APPLICATION EXHIBIT 6 Unless the spontaneous demonstration exemption applies, an expressive activity event permit is required to conduct a demonstration or other event with the principal purpose of engaging in expressive activity where the activity involves a gathering of 75 or more persons and any of the following: • Use of any public park or other public area; or • Use of any street or sidewalk in a manner that does not comply with normal or usual traffic regulations or controls .. i: '•-~ Expressive activity includes conduct, the sole or principal object of which Js,J li"e expression of opinion, views, or ideas. Expressive activity includes, but is not limited to, public oratory and distdl}u:t:i6h of literature . . ;;,,:::;✓,,(.•,• • . }f,;#~:,,::,;, A spontaneous demonstration is not required to obtain an expres~,t~tiJitt extnt permit if the event organizer provides at least four hours' notice to the police chief of the date(s};tlme(s), ar')a,location(s) where the event is to be •✓ 'JI .,,..,,v-:,.'.',,,.., conducted, and an estimate of the number of persons that✓,will be' participating. A ~>:P.m:itaneous demonstration is an •.;,. ,I'. ·-:, : ... •.-:·. expressive activity occasioned by news or affairs coming info public knowledge less·'t~~Ji .48 hours prior to the activity. ' ... '/.'· For spontaneous demonstrations meeting these criteri,t 'please contact: Carlsbad Polici:?Ji~partment: 760-931-2197. , • • ✓-. ·-==;:r~r~.\~---. Carlsbad Municipal Code (CMC) Chapter 8.18 outlines the perm,ih~pg resi ~t~t ents for an ex:p(~1~}~e activity event. Please review Chapter 8.18 before complet[qg,,_tqis application. ':· :· tf.J:x ·•::t& tt1*:?1~·--,,✓--{J .. :.~_;;-:~ •~v· ,y.,.:Y,.,.,,,)t,'lJ❖~.. '.½ ;!~,-Y •~«::::-~.$~:»·-;.-❖• . v/. '0;~. You must submit a complete application, ind((dJhf~ti:1re,quired attachhfo~tq, to the City at least 2 days prior to your proposed expressive activity event date. You ai(~tro~-l~}tc.,9.!Jraged to''s't.t~bJJ.t your application as early as possible so that any application errors may be corrected if(t.)J)s deirdlirfi \F:,g.~ City is righ~quired to review incomplete applications. The City will act onZ6f;ilP.1:~te applicatf~~~P,no laterJ~ai't one_ day p}r6}to the proposed expressive . . ,,. .. ,;,."-:-:.·:· ·.<:;:::: .½.>.;,;,_:,. . ~ ... ?:w~»»1g». ·:. .. ;/ act1v1ty event date. Any perrn1~;dernal.:y,r.!.!IJ>e made ln\W1!~mg.y:;:· *0--,.,,~~-,··. . , ◊✓ . ·1/ . ,, •• ,._,, •. ~. ,:;,,:: ,"x:~ ,,,"• lli"~.,,. , .,: i"X•.❖;,;-~ ~-~ .~ ~t . ~:~~t:?'{) ,:~:iii~fife~?• . r~Jtt:•~;, Submit your application to: Y:.:::-,City of Cai?fl bad Police Department .,-~&·-., ?,.::'•X~: ';.,;:';(l'lX~ .,, YJ'}.'t:tention~:Watch Comma rider::: ✓•;«~X~:,'y~ rkftersoi l ~llff:(;),rjon wa/?d~'r-:lsbad, CA 92010 9 ~;'} ,.:~/~,1..,.~ .. -~❖ ·~:.r .. .,..,._,,:,,,v.z•J'.,~.~~'/' -· • "··' .:,;,,., :::? ❖ ;~~ '-' V/•;: , .;:'r,~1:~t:ti::if%_'t}.: ', Emafl~:'.l"oi1ceExrNes~iyeActivit'y@tarlsbadCa.gov ,,,{;,>"·,1·.,,.'.:;.'--... , •··X~., >, "r' ,r. r. ... ,r ·• • (,,., ,,: .,,'4]fi ;:~1,~f E~!~!~~:::ed during regular business hours only. if the ~<~r,,_j_:-:-~_i.:-~•-.. , :~~;;_;/;fiJed outside regular business hours, please notify Police Dispatch ;.,.,:· :,:¾§%, I APPLICANT/ ORGANIZATION INFORMATION '•'< '~{" ,..;,:,r. ~ (Applicant must be the event organizer) Street Address: _________________ City: _________ State:_ Zip: ___ _ Phone: ______________ Email: ________________________ _ PRIMARY CONTACT _______________________________ _ (Only complete if Applicant is a non-individual) May 14, 2019 Item #4 Page 67 of 129 Celia A. Brewer, Esq. August 1, 2018 Page 2 of9 EXHIBIT 7 To comply with the First Amendment, a permit requirement "(1) must not delegate overly broad discretion to a government official; (2) must not be based on the content of the message; (3) must be narrowly tailored to serve a significant governmental interest; and ( 4) must leave open ample alternatives for communication." Santa Monica Food Not Bombs v. Ciry ef SantaMonica, 450 F.3d 1022, 1037 (9th Cir. 2006). "The failure to satisfy any single prong of this test invalidates the requirement." Grossman v. City if Portland, 33 F.3d 1200, 1205 (9th Cir. 1994). Several provisions of the ordinance present significant problems under this test. 1. Necessity ofpennit With respect to expressive activity on streets or sidewalks, a city may not require a permit unless an event "realistically present[s] serious traffic, safety, and competing use concerns, significantly beyond those presented on a daily basis by ordinary use of the streets or sidewalks." Santa Monica .Food Not Bombs, 450 F.3d at 1039 (emphasis in original). The "significant governmental interest justifying the unusual step of requiring citizens to inform the government in advance of expressive activity has always been understood to arise only when large groups of people travel together on streets and sidewalks." Id. (citing cases). "In public open spaces, unlike on streets and sidewalks, permit requirements serve not to promote traffic flow but only to regulate competing uses and provide notice to the municipality of the need for additional public safety and other services. Only for quite large groups are these interests implicated, so imposing permitting requirements is permissible only as to those groups." Id. at 1042. As a result, it is unconstitutional to require a permit for individuals or small groups to assemble and speak in a park. Berger v. City of Seattle, 569 F.3d 1029, 1039 (9th Cir. 2009); Grossman, 33 F.3d at 1206. Under the ordinance, a "special event" generally requires a permit. Carlsbad Municipal Code (CMC) § 8.17.030. "Special event" means: 1. Any organized formation, parade, procession or assembly consisting of 50 or more persons, and which may include animals, vehicles or any combination thereof, which is to assemble or travel in unison on any street which does not comply with normal or usual traffic regulations or controls; or 2. Any commercial or noncommercial organized assemblage of 50 or more persons at any public beach, public park, public water ways, street, or sidewalk which is to gather for a common pmpose under the direction and control of a person; or 3. Any other organized activity conducted by a person for a common or collective use, purpose or benefit which involves the use of, or has an impact on, other public property or facilities and the provision of city public safety services in response thereto. CMC § 8.17.020. May 14, 2019 Item #4 Page 73 of 129 Celia A. Brewer, Esq. August 1, 2018 Page3of9 EXHIBIT 7 Standing alone, the first definition likely complies with the First Amendment because it is limited to an event that "does not comply with normal or usual traffic regulations or controls." Id.; see Santa Monica Food Not Bombs, 450 F.3d at 1041 (permit requirement for events that do "not comply with the normal or usual traffic regulations or controls" is "narrowly tailored, as its application is limited only to events that actual!J implicate the governmental interest in enforcement of established traffic regulations") (emphasis in original). However, the second and third definitions violate the First Amendment. The second definition is likely unconstitutional because the threshold number of participants is too low. The Ninth Circuit held that "a group of seventy-five people using a public open space" was "large enough to warrant an advance notice and permitting requirement," though the court found it a "close question." Long Beach Area Peace Network v. Ciry of Long Beach, 574 F.3d 1011, 1034 (9th Cir. 2009). "Advance notice and permitting requirements applicable to smaller groups would likely be unconstitutional, unless such uses implicated other significant governmental interests, or where the public space in question was so small that even a relatively small number of people could pose a problem of regulating competing uses." Id. Under the Long Beach decision, a permit trigger of 50 participants that applies across the board to all public spaces is unconstitutional. While it might be valid in limited circumstances, a question on which the city would bear the burden of proof, Ber;ger, 569 F.3d at 1035, it is not valid with respect to all public spaces of any size. With respect to streets or sidewalks, it improperly covers expressive activities that comply with traffic controls and "do not significantly interfere with the public's use of streets, sidewalks, and park paths."1 Santa Monica Food Not Bombs, 450 F.3d at 1039. The third definition is likely unconstitutional because it applies to speech by any group of any size. Any demonstration or protest might be one that "involves the use of, or has an impact on, other public property or facilities and the provision of city public safety services in response thereto." CMC § 8.17.020. Without amendment or clarification, such a 1 In discussing permit requirements for "events involving 50 or more persons," the Ninth Circuit did not address or uphold the constitutionality of a SO-participant trigger. Grossman, 33 F.3d at 1207 n.13. Instead, the court found Portland's ordinance unconstitutional because it required a permit for a protest as small as "six to eight people." Id. at 1202. The court noted a SO-participant trigger in other cities was "more narrowly tailored"· than Portland's ordinance but "express[ed) no view as to the constitutional validity of any other city's ordinance." Id. at 1207 n.13. Likewise, in discussing a permit requirement for any "event involving more than fifty individuals," the Supreme Court did not hold the requirement was narrowly tailored or left open ample alternatives. Thomas v. Chira,g0 Park Dist., 534 U.S. 316,318 (2002). The issue in Thomas was whether the government "must initiate litigation every time it denies a permit and [whether] the ordinance must specify a deadline for judicial review of a challenge to a permit denial," and the Court held such procedures were unnecessary "because the licensing scheme at issue here is not subject-matter censorship but content-neutral time, place, and manner regulation of the use of a public forum." Id at 322. The Court also held the ordinance "contain[ed] adequate standards to guide the official's decision and render it subject to effective judicial review." Id. at 323. The Court did not decide whether the "ordinance fails to satisfy other requirements of our time, place, and manner jurisprudence, under which the permit scheme must not be based on the content of the message, must be narrowly tailored to serve a significant governmental interest, and must leave open ample alternatives for communication." Id. at 323 n.3 (citations and quotation marks omitted). May 14, 2019 Item #4 Page 74 of 129 Celia A. Brewer, Esq. August 1, 2018 Page 4 of 9 EXHIBIT 7 requirement violates the First Amendment because it applies regardless of the size of the event or its impact on traffic flow or public use. See Santa Monica ·Food Not Bombs, 450 F.3d at 1039-40 (citing cases). In addition, by exempting "U]awful picketing," "[f]uneral processions," and "[a]ctivities conducted by a government agency," the permit requirement undermines its own justification. CMC § 8.17 .040. Because picketing, funeral processions, and governmental activities can present similar impacts as other forms of speech, the exemption for such events "raises serious doubts about whether the government is in fact pursuing the interest it invokes, rather than disfavoring a particular speaker or viewpoint." Brown v. Entm't Merchants Ass'n, 564 U.S. 786, 802 (2011 ). Apart from "the risks of viewpoint and content discrimination," exemptions "from an otherwise legitimate regulation of a medium of speech ... diminish the credibility of the government's rationale for restricting speech." City ef Ladue v. Gilleo, 512 U.S. 43, 52 (1994). Accordingly, the exemptions undermine the validity of the permit requirement.2 Knowles v. Ciry ef Waco, 462 F.3d 430, 436-37 (5th Cir. 2006) (where ordinance exempted funeral processions and governmental activities, court held "it is the exceptions that condemn this ordinance," because if "the City is so willing to disregard the traffic problems" caused by exempt activities, court "could not accept the contention that traffic control is a substantial interest" justifying ordinance). Finally, the exemption for funeral processions is "content based on its face" because it "depend[s] entirely on the communicative content" of the procession. Reed v. Town ef Gilbert, 135 S. Ct. 2218, 2227 (2015). A procession commemorating an individual's death is exempt, but a procession expressing a different message is not. This content-based exemption "is subject to strict scrutiny regardless of the government's benign motive, content-neutral justification, or lack of animus toward the ideas contained in the regulated speech." Id. at 2228 ( citation and quotation marks omitted). It is difficult to see how the exemption for funeral processions is "narrowly tailored to serve compelling state interests" as required for a content-based regulation. Id. at 2226. Certainly, it is proper to accommodate funeral processions, but it is no less proper to accommodate other forms of expression. If funeral processions do not present sufficient impact to require a permit regardless of their size, duration, or nature, then neither should other similar processions. 2. 90-day advance notice requirement The ordinance requires permit applications to be filed 90 days in advance. CMC § 8.17.060(B). To the extent a permit may be validly required, the 90-day requirement is unconstitutional with respect to expressive activity. Santa ivf.onica Food Not Bombs, 450 F .3d at 1044 (citing cases that invalidated advance notice requirements of 5, 20, 30, and 45 days). 2 One court noted, "A funeral procession is not a parade because it does not require the closing off of streets, but requires only that the cars involved will be allowed to continue through red lights in order to keep the procession together. This procession does not interfere with the flow of traffic in the same way that a parade does, which requires the closing off of entire streets." Stonewall U11io11 v. City of Columbus, 931F.2d1130, 1138 (6th Cir. 1991 ). However, Carlsbad's definition of a special event does not require street closure. But for the exemption, a funeral procession of "50 or more persons" would qualify as a "special event'' because it "does not comply with normal or usual traffic regulations or controls." CMC § 8.17.020. May 14, 2019 Item #4 Page 75 of 129 Celia A. Brewer, Esq. August 1, 2018 Page5of9 EXHIBIT 7 Any claims about the City's limited resources do not justify an unconstitutional advance notice requirement. Sullivan v. City of Augusta, 511 F.3d 16, 38-39 (1st Cir. 2007) (rejecting city's argument that limited staffing justified 30-day requirement, because "First Amendment rights have countervailing strength" that "require the City in time sensitive situations to accommodate proposed parades and marches much more quickly than within thirty days"). The outer limit for advance notice of expressive activity appears to be three days. Santa Monica Food Not Bombs, 450 F .3d at 1044. Perhaps the City can require greater notice for certain events not involving expressive activity, as properly defined. See Long Beach Area Peace Network, 574 F.3d at 1026-27. But the 90-day requirement violates the First Amendment as to expressive activity. 3. Spontaneous events Even when advance notice is otherwise appropriate, the ordinance must contain an exemption for spontaneous demonstrations in response to breaking news. "Spontaneous expression ... is often the most effective kind of expression." Grossman, 33 F.3d at 1206. T o "comport with the First Amendment, a permitting ordinance must provide some alternative for expression concerning fast-breaking events." Santa i\1.onica, 450 F.3d at 1047; see also !..1Jng Beach Area Peace Network, 574 F.3d at 1036-38; Rosen, 641 F.2d at 1247-50. The ordinance contains an exemption for "[s]pontaneous demonstration[s]," CMC § 8.17 .040(B) but as written, it is likely unconstitutional. First, it only applies to demonstrations of "SO or less persons."3 Id. Second, it requires notice to the chief of police "at least 36 hours in advance of the commencement of the demonstration" regardless of the demonstration's location or impact on public use or services. Id. These conditions are lili:ely unconstitutional because they are not narrowly tailored to the city's substantial interests and make it effectively impossible to hold a meaningful spontaneous demonstration in any public space, given the City's expansive definition of "special event." As the Ninth Circuit held in striking down a 24-hour notice requirement: We conclude that the regulation of "spontaneous" events under the Ordinance is not narrowly tailored to regulate only events in which there is a substantial governmental interest in requiring such advance notice. The regulation requires twenty-four-hour advance notice irrespective of whether there is any possibility that the event will interfere with traffic flow. Further, the regulation fails to provide ample alternative means of communication for people wishing to participate in spontaneous expressive events. J Elsewhere, the ordinance defines "demonstration" as "any formation, procession or assembly of 50 or more persons ... for the purposes of expressive activity." CMC § 8.17 .020. By definition, a group of less than 50 persons is arguably not a "demonstration" under the ordinance. For convenience, I will assume that the term "demonstration" in § 8.17.040(B) carries its ordinary dictionary definition rather that the specialized definition in § 8.17.020. However, the contradiction makes the ordinance potentially vulnerable to a vagueness challenge. May 14, 2019 Item #4 Page 76 of 129 Celia A. Brewer, Esq. August 1, 2018 Page 6 of9 EXHIBIT 7 Long Beach Area Peace Network, 574 F.3d at 1038. The same is true here. Carlsbad's ordinance improperly requires advance notice regardless of whether a spontaneous event will interfere with traffic and fails to provide meaningful alternatives for spontaneous expression in any public space. Cf Santa Monica Food Not Bombs, 450 F.3d at 1048-49 (upholding two-day notice requirement because it exempted spontaneous demonstrations by large groups on City Hall lawn or in sidewalk marches). 4. Fees and costs In For!)!th County, the Supreme Court struck down an ordinance designed to recoup "the cost of necessary and reasonable protection of persons participating in or observing" parades and rallies, which was adjusted "to meet the expense incident to the administration of the Ordinance and to the maintenance of public order." 505 U.S. at 126-27. As the Court explained, government may not "recoup costs that are related to listeners' reaction to the speech," because speech "cannot be financially burdened, any more than it can be punished or banned, simply because it might offend a hostile mob." Id. at 134-35, 135 n.12. If a city cannot deny a permit because of potential heckling, it "cannot in lieu of denying the permit charge the applicant for the expense to the city of reining in the hecklers." Church of the American Knights v. City if Gary, 334 F.3d 676, 680-81 (7th Cir. 2003). The ordinance here allows the City to charge for "police protection" or "private security" to ensure "public safety" and "protect participants and spectators" at any "special event." CMC § 8.17 .080. By itself, that language would be unconstitutional under For!)!th County, because it does not exclude fees for protection based on reactions to speech. The ordinance attempts to address this problem by providing, "The numbers of persons attending in response to an event, to heckle, protest or oppose the sponsor's viewpoint shall not be considered in the cost of providing police protection." CMC § 8.17.080(B). However, that language does not cure the problem. Although the ordinance rules out consideration of the "numbers of persons attending in response to an event," it does not rule out fees based on any risk of reaction to speech. For example, the ordinance does not prohibit fees for protection against violence by a single opponent. Regardless of the number of opponents, "[i]n order to assess accurately the cost of security for parade participants, the administrator must necessarily examine the content of the message that is conveyed, estimate the response of others to that content, and judge the number of police necessary to meet that response. The fee assessed will depend on the administrator's measure of the amount of hostility likely to be created by the speech based on its content." For.ryth County, 505 U.S. at 134 (citation and quotation marks omitted). It is difficult to see how general fees for "public safety," as opposed to specific fees for "traffic control," are not based on the content of speech. See Sullivan, 511 F.3d at 35-36 (upholding fees where "[p]olice are given no discretionary authority to estimate and charge costs other than the costs of traffic control and clean-up" and "the 'cost of police protection for public safety,' the item the Supreme Court found to be improperly included in the For.ryth <;ounty ordinance, is expressly excluded by the parade ordinance from the costs passed on to permit applicants"); Santa Monica Food Not Bombs, 450 F.3d at 1049 (regulation "provides May 14, 2019 Item #4 Page 77 of 129 Celia A. Brewer, Esq. August 1, 2018 Page 7 of9 EXHIBIT 7 content-neutral standards for post-event fee assessment" because it specifies "permittee shall not be required to provide for or pay for the cost of public safety personnel who are present to protect event attendees from hostile members of the public or counter-demonstrators or for general law enforcement in the vicinity of the event"). In addition, the ordinance improperly allows the city to impose fees for policing the conduct of individuals beyond the control of the event organizer, even if they are supporters or bystanders rather than opponents. See NAACP v. Claiborne Hardware Co., 458 U.S. 886, 920 (1982) ("Civil liability may not be imposed merely because an individual belonged to a group, some members of which committed acts of violence. For liability to be imposed by reason of association alone, it is necessary to establish that the group itself possessed unlawful goals and that the individual held a specific intent to further those illegal aims."); Long Beach Area Peace Network, 574 F.3d at 1040 (noting "liability for costs arising out of protected expressive activity is limited by the amount of control the speaker exerts over the actors and the message of the speech"); United States v. Baugh, 187 F.3d 1037, 1043 (9th Cir. 1999) (permit could not be conditioned on organizer's "promise that no trespassing would occur," because "[o]rganizers of protests ordinarily cannot warrant in good faith that all the participants in a demonstration will comply with the law_. Demonstrations are often robust. No one can guarantee how demonstrators will behave throughout the course of the entire protest."). If a fee is improper, it remains unconstitutional regardless of its magnitude.4 Forsyth Coun!J, 505 U.S. at 136 ("Neither the $1,000 cap on the fee charged, nor even some lower nominal cap, could save the ordinance because in this context, the level of the fee is irrelevant. A tax based on the content of speech does not become more constitutional because it is a small tax."). Even if fees are otherwise constitutional, the ordinance contains no provision to waive them and improperly conditions the right to protest on ability to pay. NAACP, Western Region, 743 F.2d at 1355_ (noting "public fora cannot be put off limits to first amendment activity solely to spare public expense"). Under the expansive definition of "special event," a permit is required and fees can be charged for virtually any demonstration, protest, march, or rally on any public property. There is no meaningful alternative for holding a demonstration or march if an organizer cannot pay the fees, and "failure to satisfy the fee prerequisite preclude[s] the prospective participants' involvement in the constitutionally protected activity." Stonewall Union v. Ciry of Columbits, 931 F.2d 1130, 1137 (6th Cir. 1991). The ordinance therefore violates the First Amendment because it provides no meaningful alternative to hold a demonstration or march without a fee. iMatter Utah v. f'!jord, 774 F.3d 1258, 1264-65 (10th Cir. 2014) (constitutionality of fees depends on presence of "ample alternative forums for speech," which existed where "the parade participants were + With respect to the June 30 demonstration, it is difficult to understand how the City found that based on a "projection of 474 participants at a public park next to the beach on the weekend before the July 4th holiday, the costs of additional police officers alone may be in excess of $15,000." By contrast, in Long Beach, for a march and rally estimated to attract 2000-3000 people, the "total estimated charges were $7,041." ung Bea,h Area Peace Network, 574 F.3d at 1017. May 14, 2019 Item #4 Page 78 of 129 Celia A. Brewer, Esq. August 1, 2018 Page 8 of9 EXHIBIT 7 not completely foreclosed from engaging in their protected activity: they were able to march along State Street's sidewalks" without charge); Stonewall Union, 931 F.2d at 1137 (upholding fees for permit processing and traffic control because "an alternative forum is available-the Columbus sidewalks which parallel the streets are free for purposes of conducting a parade and the parks are available without cost for related speech activities"). 5. Indemnification and insurance The Ninth Circuit st1uck down an indemnification provision that required organizers to hold a city harmless for "any liability caused by the conduct of the event," because such language impermissibly encompassed "liability caused by the acts or omissions of any person or entity involvecl in the event, including acts and omissions not only of the permittees but also of the City and third parties." Long Beach Area Peace Network, 5 7 4 F.3d at 1039. Under the Long Beach decision, the ordinance here improperly requires organizers of expressive activity "to waive and release the City of Carlsbad and its officers, agents, employees and volunteers from and against any and all claims, costs, liabilities, expenses or judgments including attorney's fees and court costs arising out of the activities of this special event or any illness or injury resulting therefrom, and hereby agree to indemnify and hold harmless the City of Carlsbad from and against any and all such claims, whether caused by negligence or otherwise, except for illness and injury resulting directly from gross negligence or willful misconduct on the part of the city or its employees." CMC § 8.17.090. This language violates the First Amendment in at least three ways. First, because it contains "no exclusion for losses to the City occasioned by the reaction to the permittees' expressive activity," it "allow[s] the City impermissibly to shift some of the costs related to listeners' reactions to speech from the City to the permittees." Long Beach Area Peace Network, 574 F.3d at 1040. Second, it requires the permittee to indemnify the City for its own conduct, and "permittees cannot be required to waive their right to hold the City liable for its otherwise actionable conduct as a condition of exercising their right to free speech." Id. Although organizers need not indemnify the City against its own "gross negligence or willful misconduct," they must still indemnify for all other conduct, including simple negligence and unintentional conduct. Third, it "requires permittees to assume legal and financial responsibility" for actions "that are outside the control of the perrnittee." Id. The First Amendment prohibits the City from requiring permittees "to compensate third parties for harm caused by hecklers, counter-protesters, or other persons not part of permittees' organization." Id. at 1041. Apart from indemnification, the ordinance requires insurance coverage in an amount "determined by the risk manager according to the size and risk factors of the event. When determining the size of the event and the risk to participants and spectators, the estimate of participants shall be determinative. The person conducting the special event shall not be May 14, 2019 Item #4 Page 79 of 129 Celia A. Brewer, Esq. August 1, 2018 Page 9 of 9 EXHIBIT 7 required to insure any risk arising from persons attending in response to an event, to heckle or oppose the sponsor's viewpoint." CMC § 8.17.100. Although it is appropriate to exclude "risk arising from persons attending in response to an event, to heckle or oppose," the insurance requirement improperly allows coverage based on the conduct of other third parties beyond the organizer's control such as bystanders or supporters. The "insurance requirement is not narrowly tailored because it requires permittees to purchase insurance against risks for which the permittee could not be held liable," and the City "cannot use its insurance requirement to indirectly impose costs on organizations that it could not impose on them directly." iMatter Utah, 774 F.3d at 1270. Finally, "sovereign immunity and traditional agency and tort principles make it difficult to imagine how [the City] could be liable to third parties" as the result of a demonstration or march, calling into question whether the indemnification and insurance requirements are narrowly tailored to the City's interests. Id. at 1271. I am open to discussing the City's potential exposure as the result of expressive activity, but it is not clear the scope of any such exposure justifies indemnification or insurance as the price of exercising First Amendment rights. Conclusion Please let me know if you have any questions. I am glad to talk any time. I can be reached on my direct line at 619.398.4496 or by email at davidloy@aclusandiego.org. I look forward to discussing these issues in the hope that the problems can be cured and litigation avoided. I am also glad to provide sample ordinances if that would be helpful. For example, the City of Vancouver, Washington has adopted an ordinance that largely limits the definition of "special event" to assemblies or activities "the principal purpose of which is not expressive activity" and otherwise exempts "[e]xpressive activities" from any permit requirement while providing for a cooperative process between City officials and organizers of expressive activity. Vancouver Municipal Code§§ 5.17.030, 5.17.060(C)(4), 5.17.070. Sincerely, ~y Legal Director May 14, 2019 Item #4 Page 80 of 129 ACLU AMERICAN CIVIL LIBEITIES UNION FOUNDATION San Diego and Imperial Counties Celia A. Brewer, Esq. City Attorney City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008-1949 January 29, 2019 Re: Draft Expressive Activity Ordinance Dear Ms . Brewer: EXHIBIT 8 I write to address First Amendment issues presented by Carlsbad's draft ordinance for expressive activity. While I appreciate the city's effort to cure problems with the existing special event ordinance identified in my letter of August 1, 2018, the draft ordinance presents several First Amendment concerns. 1. . Definition of expressive activity The Ninth Circuit has approved the definition of "expressive activity" as "conduct, the sole or principal object of which is the expression, dissemination or communication by verbal, visual, literary or auditory means of opinion, views or ideas. Expressive activity includes, but is not limited to, public oratory and the distribution of literature." Long Beach Area Peace Network v. Ciry of Long Beach, 57 4 F.3d 1011, 1027 (9th Cir. 2009). To the extent the draft ordinance might adopt that definition, it would conform to the Long Beach case. However, it departs from that case in two ways. First, it excludes any otherwise qualified event for which a "fee or donation is charged or required as a condition of participation in or attendance." In general, expression "does not lose its constitutional protections because it is sold rather than given away." Gaudjya Vaishnava Soc. v. Ci!J & Counry of San Francisco, 952 F.2d 1059, 1063 (9th Cir. 1990). I am not aware of any case authorizing the exclusion of fee or donation-based events from the definition of "expressive activity," but if you have relevant case law, I would be glad to review it. Second, it excludes "fundraising events, parades, public assemblies or other events for which the principal object is entertainment." The "solicitation of charitable contributions is protected speech." Rilry v. Nat'l Fed'n of the Blind ofN. Carolina, Inc., 487 U.S. 781, 789 (1988). By carving out events with "an expressive message on a particular topic-charitable solicitation and giving"-the draft ordinance is improperly content based. Planet Aid v. Ciry of St. Johns, 782 F.3d 318, 328 (6th Cir. 2015). The First Amendment also protects speech that is "[e]ntertainment, as well as political and ideological speech." Schad v. Mount Ephraim, 452 U.S. 61 , 65 (1981); see also Cinevision Corp. v. Ciry of Burbank, 745 F.2d 560,569 (9th Cir. 1984) (First Amendment protects both "political and non- political" expression); McCollum v. CBS, Inc., 202 Cal. App. 3d 989, 999 (1988) (First Amendment PO BOX 87131 SAN DIEGO, CA 92138-7131 T/619-232-2121 WWW.ACLUSA.NDIEGO.ORG May 14, 2019 Item #4 Page 81 of 129 Celia A. Brewer, Esq. January 29, 2019 Page2 EXHIBIT 8 protects "artistic and literaty expression" because the "life of the imagination and intellect is of comparable import to the presentation of the political process"). Accordingly, "the Supreme Court and [Ninth Circuit] have recognized various forms of entertainment and visual expression as purely expressive activities," including music, dance, and parades. Anderson v. Ciry of Hermosa Beach, 621 F.3d 1051, 1060 (9th Cir. 2010). "Entertainment" can convey "opinion, views, or ideas" as much or more than other speech. To authorize city officials to evaluate whether the "principal object" of ''expressive activity" is "opinion, views, or ideas" or "entertainment" is to invite arbitrary decisions based on the content of speech, an exercise forbidden by the First Amendment no matter how benign the city's motive. Reed v. Town of Gilbert, 135 S. Ct. 2218, 2228 (2015). By carving out speech characterized as "entertainment" from "expressive activity/' the draft ordinance unconstitutionally discriminates on the basis of content.1 CJ Santa Monica Food Not Bombs v. Ciry of Santa Monica, 450 F.3d 1022, 1037 (9th Cir. 2006) (upholding definition that "does not distinguish among the expressive events based on their content, and therefore satisfies the content-neutrality requirement for valid, time, place, and manner regulations"). · 2. Lack of exception for spontaneous events As noted in my previous letter, to "comport with the First Amendment, a permitting ordinance must provide some alternative for expression concerning fast-breaking events." Santa Monica, 450 F.3d at 1047; see also Long Beach Area Peace Network, 57 4 F.3d at 1036-38. The draft ordinance apparently contains no such alternative. The problem is not cured by giving the city manager authority to waive application requirements if they are deemed "impractical" or "unnecessaty." "The First Amendment prohibits the vesting of such unbridled discretion in a government official." For9th Counry v. Nationalist Movement, 505 U.S. 123, 133 (1992); see also NAACP, W Region v. Ciry of Richmond, 743 F.2d 1346, 1357 (9th Cir. 1984) (holding city's discretion to waive advance notice requirement "if it finds unusual circumstances" violated First Amendment because "[u)nfettered discretion to license speech cannot be ldt to administrative bodies"). 3. Responsibility for conduct of others The draft ordinance improperly makes "[a]ll persons that conduct or participate in an expressive activity that does not require an expressive activity event permit" responsible to "undertake all reasonable measures so that event participants and activities comply with all applicable state and local laws and regulations." With or without a permit, event organizers and participants cannot be held responsible for the conduct of persons beyond their control. See NAACP v. Claiborne Hardware Co., 458 U.S. 886, 920 (1982) ("Civil liability may not be imposed merely because an individual belonged to a group, some members of which committed acts of violence. For liability to be imposed by reason of association alone, it is necessary to establish that the group itself possessed unlawful goals and that the individual held a specific intent to further those illegal aims."); United States v. Baugh, 187 F.3d 1037, 1043 (9th Cir. 1999) (pennit could not be conditioned on organizer's "promise that rio trespassing would occur," because "[o]rganizers of protests ordinarily cannot warrant in good faith that all the 1 This letter takes no issue with exclusion of "non-expressive activities not implicating the First Amendment such as games, surfing contests, and races." Santa Monica Food Not Bo,nbs, 450 F.3d at 1057. · May 14, 2019 Item #4 Page 82 of 129 Celia A. Brewer, Esq. January 29, 2019 Page3 EXHIBIT 8 participants in a demonstration -will comply with the law. Demonstrations are often robust. No one can guarantee how demonstrators -will behave throughout the course of the entire protest."). \ \4. Content-based permit conditions ) Tn setting conditions on permits, the draft ordinance improperly authorizes the city to consider the content of speech or the potential reaction to that content in three ways. First, the draft would allow the city to deny a permit based on "significant diversion of police officers." Second, it would authorize conditions deemed "reasonably necessary to protect the public peace, health, safety, or welfare." Third, it would require insurance coverage in an amount "determined by the risk manager according to the size and risk factors of the event.'' To determine what is "necessary and reasonable" for "protection of persons," the city "must necessarily examine the content of the message that is conveyed, estimate the response of others to that content, and judge the number of police necessary to meet that response." For!)th County, 505 U.S. at 134. A similar analysis is required to evaluate the "risk factors of the event." As a result, the draft ordinance would unconstitutionally allow the city to consider the content of speech in setting permit conditions, because "rnisteners' reaction to speech is not a content-neutral basis for regulation." Id In particular, the open-ended language of the insurance requirement "is not narrowly tailored because it requires permittees to purchase insurance against risks for which the permittee could not be held liable," such as reactions of third parties. iMatter Utah v. !{jord, 774 F.3d 1258, 1270 (10th Cir. 2014); see also, e.g., Collin v. Smith, 578 F.2d 1197, 1207-09 (7th Cir. 1978); Mardi Gras ef San Luis Obispo v. City ef San Luis Obispo, 189 F. Supp. 2d 1018, 1029-30 (C.D. Cal. 2002); Courtemanche v. General Services Admin., 172 F. Supp. 2d 251, 268-69 (D. Mass. 2001); Invisible Empire v. Mqyor, 700 F. Supp. 281, 285 (D. Md. 1988); if. Long Beach Area Peace Network, 57 4 F.3d at 1030-32 (upholding insurance requirement that exempted expressive activity if organizers indemnified city for their own acts or worked with city to redesign event in response to specific concerns unrelated to content of speech). On a different note, it is potentially problematic to require a "traffic control plan" to accommodate both the event and public use if "the event -will impact the public's normal, typical or customary use of any sidewalk, street, or parking lot." A valid permit ordinance exists "in order to regulate competing uses of public forums." For!]th County, 505 U.S. at 130. Under the draft ordinance, an expressive activity permit is not required for a sidewalk or street unless the event "does not comply with normal or usual traffic regulations or controls." By definition, an event for which a permit is required would impact normal and customary use of the sidewalk or street. The purpose of a permit is often to accommodate temporary exclusive use of a limited area. Cf Grqyned v. City if Rockford, 408 U.S. 104, 115 (1972) (noting "two parades cannot march on the same street simultaneously, and government may allow only one"). It is therefore not clear how applicants can provide a traffic control plan that is consistent with both the event and public use. I am open to discussion on how the requirement for traffic control plan might be properly justified and tailored to the city's interests. 5. Permit application process The draft ordinance does not apparently contain any requirement that the city state reasons for denying a permit. ''Requiring officials to state their reasons for restricting speech is particularly May 14, 2019 Item #4 Page 83 of 129 Celia A. Brewer, Esq. January 29, 2019 Page4 EXHIBIT 8 important because without a written explanation it is difficult to distinguish, as applied, between a licensor's legitimate denial of a permit and its illegitimate abuse of censorial power." Seattle Affiliate ef · Oct. 22nd Coal. to Stop Police Brutality, &pression & Criminalization ef a Generation v. Ci!J of Seattle, 550 F.3d 788, 801 (9th Cir. 2008) (citation and quotation marks omitted). Nor does it apparently impose any time limit within which the city manager must act on a permit application. Any appeal from the denial is not heard until the city council's next regular meeting,. and only after that point may the applicant seek judicial review. Given the often fast-breaking need to respond to current events, that timeline threatens to chill speech unnecessarily. The city should commit to expedited decision-making on permit applications to ensure that time-sensitive speech is not foreclosed. I hope these thoughts are helpful. Please feel free to call me if you have any questions. Sincerely, David Loy Legal Director May 14, 2019 Item #4 Page 84 of 129 ACLU Letters/ Main Corresponding Proposed Ordinance Changes ACLU Letter No. 1 -August 1, 2018 1. Permit threshold increased from 50 persons to 75 persons. 2. Permit application advance notice decreased from 90 days to 2 days. 3. Removal of reimbursement for public safety services costs. EXHIBIT 9 4. Spontaneous demonstration exemption with no advance notice now applies to groups of less than 75 (compared to 50 or less). 5. Removal of 36-hour advance notice requirement for spontaneous demonstrations with groups of 50 or less (replaced with four-hour notice for groups of more than 75). 6. Reduced any applicable indemnification requirement. 7. Narrowed insurance requirement to events that pose significant public liability risk. ACLU Letter No. 2 -January 29, 2019 1. Amended "expressive activity" to remove limitations relating to fees charged and events with an entertainment purpose. 2. Amended "spontaneous demonstration" permit exemption to expressly apply to small and large groups (less than 75 persons, no notice required; groups of 75 or more persons must provide limited four-hour notice). 3. Amended CMC § 8.18.030(() to clarify city's intent that event organizers and participants are not responsible for third party actions. 4. Added content-neutral qualifiers to clarify city's intent regarding: (1) application review process (CMC § 8.18.050{A)(l)(c)); (2) the imposition of additional conditions {CMC § 8.18.050{B)); and the insurance requirements (CMC § 8.18.040{B)(6)). 5. Added express requirement that denial be made in writing and that the city provide its decision at least one day prior to the event. May 14, 2019 Item #4 Page 85 of 129 EXHIBIT 10 3/6/2019 https://publicinput.com/Reporting/PrintWindow?custld=1205&projld=3687&showPie=true&showEngagementSummary=true&showComme ... Expressive Activity Digital Public Input Results VIEWS PARTICIPANTS 1,930 539 RESPONSES COMMENTS 3,191 393 SUBSCRIBERS IMPRESSIONS 83 0 https://publicinput.com/Reporting/PrintWindow?custld=1205&projld=3687&showPie=true&showEngagementSummary=true&showComments=true&is... 1/44 May 14, 2019 Item #4 Page 86 of 129 3/6/2019 EXHIBIT 10 https://publicinput.com/Reporting/PrintWindow?custld=1205&projld=3687&showPie=true&showEngagementSummary=true&showComme ... There should be no restriction or precondition permits required for spontaneous gatherings and display of public support or protest, i.e, public assemblies. The people have a right to gather and protest; a law such as this unnecessarily give law enforcement and City officials a mechanism to disband such a gathering and make an arrest. What if City Council passed an ordinance that a significant number of citizens disagreed with and spontaneously 150 descended on City Hall to protest? The issue should be addressed by additional training as necessary for CPD and exercise of 'common sense'. one month ago The rightto assemble is federally guaranteed. If the city needs to provide police services for such an assembly, so be it. Cost of doing business. one month ago I am strongly opposed to limiting the constitutional rights. Free exercise of rights in public space where urgency matters must be preserved at all costs! Is it reasonable to expect that the Carlsbad residents who were adversely affected by the Federal shutdown be required to organize as a predicate to issuing a timely permit to protest urgently? Really? Bad idea! one month ago one can't anticipate the size of a crowd that is an instant response to news one month ago Furthermore, such a reaponse is banned by the proposed changes (removal of 48 hour exception). 24days ago This is the people's right to assembly. This is America, we don't need special laws to control peaceful protests. Life is not perfect. one month ago The very title of this ordinance indicates that the city is attempting to regulate speech. I'm sure the City Attorney is aware that such unreasonable regulation is against (so far) the First Amendment. Although a sentence in the proposed rule states that said permit can't be denied due to the content of the speech, there is a litany of other reasons that a city manager and others can use to deny a particular group a permit to express their views. This proposed law is another step in the government's ability to regulate what its citizens have to say. It is a dangerous precedent for a great City like Carlsbad to follow. 27 days ago Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. I know that this is not Congress but how are we going to override something as important as peaceful assembly? 29 days ago 1. Damage to public property should be recouped. 2. Neighborhood notice should be given so that residents can make arrangements. 29 days ago There should be no limit, besides which, who would control the official count? 25 days ago While it would be an increase from the current number, there should be no limit. 25 days ago https://publicinput.com/Reporting/PrintWindow?custld=1205&projld=3687&showPie=true&showEngagementSummary=true&showComments=true&is... 3/44 May 14, 2019 Item #4 Page 88 of 129 3/6/2019 EXHIBIT 10 https://publicinput.com/Reporting/Prin!Window?custld=1205&projld=3687&showPie=true&showEngagementSummary=true&showComme ... this is to stop people from FREE ASSEMBLY when there is an issue that needs the American people to speak up .. That is not always possible to know 90 days in advance .. or the right to gather .. Also, if there is an aggressive opposition, the initial group may be charged fees. This is again Carlsbad, trying to control optics and thoughts 26 days ago This is a slippery slope decision. Expressive activities our a constitutional right and not a place for local governments to collect fees and regulate. one month ago This seems reasonable to insure the safety and property of the citizens of Carlsbad. one month ago Carlsbad, shame on you. Slowly attempting to chip away at our FIRST AMENDMENT RIGHT of free speech and freedom of assembly. What is our city so afraid of? What draconian law are they planning to pass next if this is allowed to go through? We have a right to peacefully assemble when and where we choose. If this passes, expect each council member who voted in favor of it to have their seat challenged in the next election. 24days ago It's hard to gauge in advance how many people may be attending a protest. 25 days ago Give the expressive power to the people now or risk a larger revolt later. 25 days ago I have posted on social media for people to attend protest rallies and I have no control over who in support or opposition or passerby or news media may step on the scene. 1941 SCOTUS -Coxv. New Hampshire 19S1 SCOTUS -Kunz v. New York 1963 SCOTUS -Edwards v. South Carolina 1969 SCOTUS -Shuttlesworth v. Birmingham 1971 SCOTUS -Coates V. Cincinnati, 402 U.S. 611 1972 SCOTUS Lloyd Corp. v. Tanner 1972 SCOTUS -Grayned v. Rockford 2002 9TH CIRCUIT -BROWN v. CalTrans 2003 CA 3RD ~PPEALS COURT -Sanctity of Human Life v. CHP 2011 9th Circuit-Co mite de Jornaleros de Redondo Beach v. City of Redondo Beach, California 2012 -Stahl v. City of St. Louis, Mo. 25 days ago No limits on our constitutional right to peacefully protest. 25 days ago https://publicinput.com/Reporting/Prin!Window?custld=1205&projld=3687&showPie=true&showEngagemen!Summary=true&showComments=true&is... 4/44 May 14, 2019 Item #4 Page 89 of 129 3/6/2019 EXHIBIT 10 hltps://publicinput.com/Reporting/PrintWindow?cuslld=1205&projld=3687&showPie=true&showEngagementSummary=true&showComme ... as americans we have a constitutional right to freedom of assembly -we don't need a "permit" to exercise that right, as long as i'm not breaking laws, hurting anyone or destroying property-similarly i don't need a permit to say anything i want on the internet, again so long as we are not breaking already long-established laws -etc etc-----we don't need more govt intrusion into our lives -we don't need you keeping us "safe" you're not our nanny, you don't know "best" and we've done JUST FINE without these "permits" that you are proposing lo these how many many years------permits of any kind are an unnecessary barrier to the free exercise of our constitutional rights -if crowds cause a problem, break laws or a public disturbance, there are already laws that cover that -let them be subject to those laws and the consequences that follow-----i am solidly against yet MORE govt intrusion in to the lives of american citizens -you already have too much -and you always want just a "little" more -"trust us .... it is REASONABLE" ---additionally, i object to the nature of the questions below -they ASSUME a permit is required/desired -there are no options for NO (ridiculous) "PERMIT" -the wording is objectionable and slewed to favor instituting this "permit" (( our rights are not to be doled out at the discretion of the govt-they are not subject to YOUR approval )) that is all 25 days ago Demonstrations happen and are meaningful in response to an event that citizens are responding to or reacting to at an immediate event. The role of public safety is to ensure that citizens are able to express that right peacefully regardless if a permit is issued or not. If it is not an organized event meaning no leadership is in place just a collective of people sharing the same voice at a given moment then who files for a permit? Or does it mean ifwe break up the groups into less than 7S people each and they are yards or so away is it ok? May I recommend that people be allowed to freely exercise their right and when that occurs Public Safety should inform demonstrators to watch their ranks, vigilant of people surrounding them, self manage/control their ranks and remind people that public ·safety is there to keep and assist in keeping the peace. Police needs to be non confrontational with demonstrators as long as it is peaceful. Allow people to voice! 25 days ago Expressive, creative activities are often organic and spontaneous by nature and a permit process would greatly hinder this. While we don't want it to turn into ocean beach, we also need to keep some of the beach city atmosphere that so many of us were raised on and what visitors expect. Thank you 25 days ago How can you predict how many people will attend the protest? 27 days ago I am not comfortable with a permit focused on expressive activities. The current process seems to work OK. one month ago There's no way to predict the number of people who may participate, and assigning a specific number is just not reasonable for a gathering that ms1y grow spontaneously. one month ago This would discourage activism and result in less involvement and action related to efforts to effect change. It would also result in heightened interference by Carlsbad Police in activist gatherings that they do not agree with which threatens to result in unnecessary citations and arrests. 26 days ago Having to buy insurance would be a hurdle. We live in Terra mar and were disappointed that we couldn't gather at Cannon Park for the demonstration because a permit was required. one month ago Emergency services -EMTs and police -need to be sufficiently staffed to handle a large crowd. one month ago https://publicinput.com/Reporting/Prin!Window?custld=1205&projld=3687&showPie=true&showEngagementSummary=true&showComments=true&is... 5/44 May 14, 2019 Item #4 Page 90 of 129 3/6/2019 EXHIBIT 10 https://publicinput.com/Reporting/PrintWindow?custld=1205&projld=3687&showPie=true&showEngagementSummary=true&showComme ... Groups would be using public city property and should have to pay for that. I find these can be exclusive or offensive. It's important for maintaining safety as large numbers of people can get unruly. I don't like the idea at all, I don't think anyone should do anything to sponsor these groups in anyway. one month ago Public and city property is owned and (already) paid for by the taxpayers. 24 days ago I think the group size should be much larger. 75 is too small, and many of these activities will be spontaneous. Something happens Friday morning East Coast time, and a gathering is arranged for that afternoon or Saturday morning. one month ago I think groups of more than 50 are too large. No matter how "peaceful" their intent, too many City resources will have to be on hand to protect the group or innocent bystanders. The original permit for 50 is more than generous. one month ago We have the right to peaceful assembly, insurance can be expensive and what about spontaneous protests? 24days ago Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. 24days ago The first amendment is a right, not a privilege. I could understand the city requiring notice ahead of organized protest in order to prepare, but "approval" is assumed under our constitution. 24days ago Why is Carlsbad trying to limit our rights for profit? 24days ago It's a right, federally guaranteed. It's not necessary. 24 days ago I made my selection because it is better than what we currently have, but the Constitution affords us the right to peacefully assemble. I believe the Constitution takes precedence. 24days ago Amendment #1 of the United States Constitution! 25 days ago nice 22 days ago It does not protect individual rights nor the safety of the local residents. 25 days ago This is a hard one to answer because I think there are times when requiring a permit is appropriate and there are times when due to a recent event it might not be appropriate 25 days ago https://publicinput.com/Reporting/PrintWindow?custld=1205&projld=3687&showPie=true&showEngagementSummary=true&showComments=true&is... 6/44 May 14, 2019 Item #4 Page 91 of 129 3/6/2019 EXHIBIT 10 https://publicinput.com/Reporting/PrintWindow?custld=1205&projld=3687&showPie=true&showEngagementSummary=true&showComme ... Freedom of speech people! It's the 1st amendment of US Constitution! It also means freedom to gather, good or bad. 25 days ago Freedom. Just stop. 25 days ago Large groups can cause a disturbance with traffic, parking and overall access to a public place. A permit should be mandatory. 29 days ago Large groups easily become disruptive. They should have to reimburse city for fire and police expenses. They should have to file for a permit 90 days ahead. It has worked well as it stands now. one month ago If it has worked well as it stands now, then why did so many citizens speak to the city council stating that they wanted to see changes? Before the internet and the age of instant news, the current regulations may have worked well. But times change and laws need to change as well. 24days ago This is significant amount of people and permit should be required, and city services might be needed to enforce "peaceful" protest. one month ago 50/75-if it is working well, why change it?? one month ago A number of citizens provided public comment input to the city council that the current regulations are not working well. 24days ago The city should be aware when large groups of people gather for a specific purpose. Police and other agencies should also be notified. Trash removal should be the responsibility of the group that gathers, as well as noise control. one month ago It is not clear to me what the logic is of raising the lower limit to 75, but raising the limit from 50 does seem to allow for more participation in freedom of expression. one month ago The number should be lower. so· was too high. one month ago There is no logical difference between 50 and 75. If it's not broke, don't fix it! one month ago 75 ors too much. Should be under 60. one month ago 100 would be more reasonable one month ago This question is framed to elicit a favorable response, 75 is to much one month ago https://publicinput.com/Reporting/PrintWindow?custld=1205&projld=3687&showPie=true&showEngagementSummary=true&showComments=true&is... 7/44 May 14, 2019 Item #4 Page 92 of 129 3/6/2019 EXHIBIT 10 https://publicinput.com/Reporting/PrintWindow?custld=1205&projld=3687&showPie=true&showEngagementSummary=true&showComme ... I think the 75 is ok ,but the rest of it is what i dont agree with. They should pay for police and fire. They should be required to pay park fees ect. 22 days ago Having a large group can cause chaos. 22 days ago Leave it as it currently stands. There can be too much disruption 22 days ago Why remove neighbor notification? I'd like to know beforehand if a protest will be happening along my street ... 22 days ago This is ridiculous and we don't need these restrictions. 22 days ago There's a huge problem in the way this question is worded and it will influence the outcome of the survey. please change it to "I think requiring a permit for groups of 50 or more is reasonable" Immediately! 22 days ago Additional cost to City not needed. Neighbor notification is a must. No need to loosen current permit requirements. CHANGE NOTHING. 22 days ago hello 22days ago I do not believe that peaceful protests that are a response to the news should be consider in the same category as other gatherings. All responses below assume that these type of gatherings are in a different class. 23 days ago It is not reasonable for groups NOT to be held accountable for destruction of public property. You are inviting destruction. 23 days ago All is fine, but property destruction exemption is not reasonable. The organizers must be held accountable for the destruction of public property. 23 days ago All Americans (not <75) have a guaranteed right to assembly and free speech, no city ordinance should inhibit this constitutional right, in any fashion, including the number of people allowed to gather. 23 days ago First I think the City of Carlsbad should make a greater effort to inform the public how they came to this solution. For example reading the article "Right to Peaceful Assembly" on library of congress website is valuable (not allowed to provide url). How has the city ensured that this proposal will stand up to legal challenges, that could prove costly to the city? I favor that local groups that cannot afford insurance be provided a waiver. However I do not want to see the equivalent of what has happened in Charlottesville, and Portland, with large outside extremist groups occupying large parts of our city. 23 days ago https://publicinput.com/Reporting/PrintWindow?custld=1205&projld=3687&showPie=true&showEngagementSummary=true&showComments=true&is... 8/44 May 14, 2019 Item #4 Page 93 of 129 3/6/2019 EXHIBIT 10 https://publicinput.com/Reporting/PrintWindow?custld=1205&projld=3687&showPie=true&showEngagementSummary=true&showComme ... Policing the# of participants both before and during an assembly is nothing more than an opportunity to limit free speech and at best is unrealistic to predict .. 23 days ago This proposal I see could allow out of control protests, disrupt traffic, cost the city tax payer moneys and possibly prevent a person to access there own home if this happens in a neighborhood. Recent protests show this action to become a nuisance more then its effectiveness. I strongly disagree with this proposal! 23 days ago Makes sense 23 days ago Makes some sense 23 days ago 75 is an arbitrary number and much too small. This appears to be written with an eye to what might get through the court, not with a purpose of protecting the right of free speech and peaceful assembly. There were 350-400 at Cannon Park, which is the event that triggered this exercise. That number was completely managable. 23 days ago 75 is an arbitrary number and much too small. This whole piece appears to be developed based on a legal criteria that the City of Carlsbad thinks would be approved not a criteria that serves freedom of speech or peaceful assembly. 23 days ago This is not a lot of people, it is the equivalent of 2 classrooms of students. If requiring a permit for peaceful protest is where we are, even though said gathering is a right as a citizen of this country,then the number should reflect a sizable group. 23 days ago More than the number, what bothers me more is the lack of exception for news within the past 48 hours. This is taking away the right to protest if something bad happens and we the people will fight this. 23 days ago "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances." 23 days ago Has appearance of being less restrictive of free speech. Number 2 should be thrown out. 55 year resident. 23 days ago I think leaving it at 50 is the right thing to do. Large crowds lend themselves to riots. 23 days ago Crowds of over 50 people seem too large and protestors could take advantage of this. 23 days ago You cannot always plan for how many people will show up. 23 days ago https://publicinput.com/Reporting/PrintWindow?custld=1205&projld=3687&showPie=true&showEngagementSummary=true&showComments=true&is... 9/44 May 14, 2019 Item #4 Page 94 of 129 3/6/2019 EXH IBIT 10 https://publicinput.com/Reporting/PrintWindow?custld=1205&projld=3687&showPie=true&showEngagementSummary=true&showComme ... As long as its not suppressing political expression/free speech. We are a democracy. 23 days ago No limit should exist. 23 days ago 23 days ago These "protests" are a public nuisance and designed to provoke. They are misused by the same mob 23 days ago the current limit is appropriate 23 days ago . We dont have any problems. Even if we did dont think anyone should need a permit to protest against the local. That's very contradictory. Why would any group ask for permission to protest? 23 days ago Given the changes to the permit application process, there is no undue burden by setting the minimum group size at 75 and in fact it is an increase from today's standard. 23 days ago First amendment 23 days ago Fist amendment 23 days ago Removes liability from organizers of a potentially malicious event. 23 days ago It's best for crowd control, parking, noise, etc. 23 days ago Freedom of speech! There should be ZERO regulation as long as they are not insighting a riot. 23 days ago Seems reasonable that a larger group of people need to apply with the city. 23 days ago 75 people can show at the safety center to skateboard with no application, though arguably these people are capable of creating a lot of damage. Seems like there should beat least one place in the city where the right to assembly is held sacrosanct, where everyone would anticipate the right to go and speak freely. 23 days ago No neighbor notification required OR no reimbursement to the city for police and fire responses? I do NOT agree with these 2 options. 23 days ago A "group" should control over the event. 23 days ago hllps://publicinput.com/Reporting/PrintWindow?custld= 1205&projld=3687 &showPie=true&showEngagementSummary=true&showComments=true&i... 1 0/44 May 14, 2019 Item #4 Page 95 of 129 3/6/2019 EXH IBIT 10 https://publicinput.com/Reporting/PrintWindow?custld=1205&projld=3687&showPie=true&showEngagementSummary=true&showComme ... Neighbor should be notified. There should be reimbursement to the city. 2days is too short though 90 days is too much. 23 days ago Do not need any more infringements please placed on Free Speech! 23 days ago It appears this permit is only required if traffic laws are not being followed so I can support it for safety reasons. 23 days ago 50 seems resonable 23 days ago Our rights should not come with a cost 24days ago I think a permit for 50 is reasonable so long as it doesn't inhibit free speech. To me, a permit is a formal way to forewarn the city that there will be a gathering of many people in a public venue ... which has the potential to impede traffic flow. 24days ago Home birthday parties any family party PERMITI??? NOOOOOOO 24days ago Sounds like a good change 24 days ago · Why the changes .. Is there a problem with the current requirements 24days ago Residents should be allowed to peacefully assemble in public areas without being required to provide insurance or pay fees. It's a right guaranteed in our Constitution. 24days ago The Constitution grants the right of assembly and free speech. Carlsbad's existing and proposed ordnance places limits on those rights. Assembly due to news, should be allowed without having to file a permit. 24days ago Limits need to be esablished that work with the community culture. Also there is need to focus on resident in pact the need to be uneffected by a sizeable and legal protest once approved for the city 24days ago Reasonable changes. 24 days ago https://publicinput.com/Reporting/PrintWindow?custld=1205&proj ld=3687 &showPie=true&showEngagementSummary=true&showComments=true&i... 11 /44 May 14, 2019 Item #4 Page 96 of 129 3/6/2019 EXHIBIT 10 https://publicinput.com/Reporting/PrintWindow?custld=1205&projld=3687&showPie=true&showEngagementSummary=true&showComme ... Why do funded public servants invent various means to collect more money and avoid job requirements? The assembly of people has always required responsible behavior, trouble today is no one wants to enforce it; instead seeking further disassociation from performance. Do I really need to explain the laws here: no inciting a riot, no destruction of property, and many other existing ordances. The City seeks to avoid it's public responsibilities. The recent 5k run had people without permits jamming loud music during St. Michael's Church service. Officers prevented attendance by halting cars using an agreed to route. The City seeks to take the church property with existing plans of a 2 story commercial building in its place. Seeking further to build a high density crime zone yielding abandoned building and time share resortscommunit the community they are paid to protect. Only in America.□ 24 days ago It creates an unreasonable damper on free speech/expression, and guarantees that only people with money will be able to freely express their opinions in public. 24days ago People would need insurance for free expression?? Whose insurance company would benefit from this? No, no, no. This is wrong. 24 days ago It appears to lesser of 2 evils. Both put restrictions on our 1st admendment rights 24days ago I believe the city will not award permits to the public when it's not in favor of politicians. 24days ago No.accountability for groups that cause damage or costs of city to protect citizens 24days ago Leave the policy as it is current Don't make it easier for groups to stage protests in our city lfwe wanted to live in a liberal protest city we would move south to Encinitas 24 days ago Applicant should be required to reimburse police and fire response costs. Shouldn't neighbors be notified? I certainly would expect to be notified if only to make a decision on my own security precautions. Is two day notification adequate to provide fire or police plans. 75 participants is a large crowd. 24days ago To maintain some semblance of order. 24days ago 25 more people will not make a huge difference. Large groups could get out of control and police needs laws to protect the rest of the residents and their properties. Carlsbad is been a very safe, successful, beautiful city ... because of all the laws it had in place. If you liked it enough to move here ... why try to change it? 24 days ago Hey, big crowds require planning, "nut-job group" separation (sorry but some can be hate groups) and police. 24days ago https://publicinput.com/Reporting/PrintWindow?custld= 1205&proj ld=3687 &showPie=true&showEngagementSummary=true&showComments=true&i... 12/44 May 14, 2019 Item #4 Page 97 of 129 3/6/2019 EXHIBIT 10 https://publicinput.com/Reporting/PrintWindow?custld=1205&projld=3687&showPie=true&showEngagementSummary=true&showComme ... I agree, but with limitations. Provisions are needed to account for impromptu gatherings for significant expressions of celebration, sorrow, anger, etc. Several examples come to mind, one is in the case of a school shooting, people will want to immediately express sorrow and anger, we don't need to add to this by having police ticketing/ arresting people. 24days ago Must maintain control of city property for good insurance reasons to protect the public good. 24days ago Costs for public service should not be waived, damage done that requires police and or fire should be reimbursed. Application should be due longer than two days out and those neighbors who would be affected by the event should be notified. 24days ago The original 50 is more appropriate 24days ago I think Carlsbad just wants to listen to the wealthy instead of being fair and hearing from everyone with different economical background 24days ago While I disagree with rise in the number of participants. It would be cheaper and easier for groups to assemble. 24days ago 75 people is not very many. I would say that until a group reaches 200 -250 people, it doesn't really need to be managed. 25 days ago 75 people is not that many. I think 200 would be better. That is when a group gets large enough to potentially need to be managed. 25 days ago The current threshold of 50 is a better number. 25 days ago Larger groups have more logistic challenges, and the city needs the ability to have needed resources at the ready for health and security. Permits are common with other cities for groups this size. 25 days ago This is reasonable to protect public safety. Police and fire should be alerted to protect our community. 25 days ago When looking at how this larger group can meet on short notice and carry none of the cost of police, fire and damage, other than carrying insurance, it seems to invite the kind of riotous behavior we have seen across the nation in the past couple years. 25 days ago Two days is not enough time to process application. Applicant should be responsible for any response costs and any loss to the city for any expressive activity. 25 days ago https://publicinput.com/Reporting/PrintWindow?custld=1205&proj ld=3687 &showPie=true&showEngagementSummary=true&showComments=true&i... 13/44 May 14, 2019 Item #4 Page 98 of 129 3/6/2019 EXHIBIT 10 https://publicinput.com/Reporting/PrintWindow?custld=1205&projld=3687&showPie=true&showEngagementSummary=true&showComme ... Two days is not enough time to consider application. Applicant should be responsible for response costs. 25 days ago So the city and the residents don't fund all the costs of the events. Large events simply cost the city money. 25 days ago I think 50 is reasonable. A group that large would be an inconvenience, if not a nuissance to neighbors/community, and needs proper management and resources. 25 days ago X 25 days ago People have a right to assemble but not at the expense the others. Any loss to the city must be reimbursed. Businesses and citizens may need more than two days to accommodate a large group if it will directly affect them. 25 days ago I think 75 is far to high 25 days ago When we have a very large gathering, it can endanger those that are expressing and those on the road. I've see it on Paseo del Norte. People don't get out of the streets. So dangerous because people getting off the I 5 are still driving in freeway speed down Palomar Airport Road and don't care 25 days ago Allows for review in case hate groups seeking confrontation want to apply 25 days ago If the activity results in damage to city property and it is proved the damage was caused by the applicant or the associated group. They should reimburse the city for the damage. 25 days ago Groups of this size could cause disturbance to functionality of City property. 25 days ago It is a courtesy to our first responders -police and fire. 100 or more would be better, and the insurance should be paid by the city. 25 days ago A group this large needs to notify the city of what they are expressing or protesting so the city can plan what types or kinds of support will be required. 25 days ago number of people gathered in one space can affect traffic. 25 days ago The entire proposal costs taxpayers money- 25 days ago Population is larger now than when the ordinance was first drafted. 25 days ago https://publicinput.com/Reporting/PrintWindow?custld= 1205&proj ld=3687&showPie=true&showEngagementSummary=true&showComments=true&i... 14/44 May 14, 2019 Item #4 Page 99 of 129 3/6/2019 EXHIB IT 10 https://publicinput.com/Reporting/PrintWindow?custld=1205&projld=3687&showPie=true&showEngagementSummary=true&showComme ... Because I think it will keep from having out of control gatherings in Carlsbad. 25 days ago Applicants should be responsible for fire or police time or damage to any city property from their meeting. 25 days ago Above this size can result in additional police activity or pose a greater impact on neighborhoods. 25 days ago Need to maintain order 25 days ago I'm not sure the number really matters here when you're talking about 50 to 75 but I agree that a permit should be required to hold events on City-owned property. I agree w/ the shorter permit process as these types of things are often spontaneous. I know the permit requires insurance but I'm not sure what and how that's applied should damage occur or injury to emergency services responding to an unruly group. Is the permit holder on the hook for that? Side note: an activist could hold this event on their OWN property if they don't like the process. Just sayin 27 days ago That is a significant amount of people and I'd like to know that they've been vetted. 27 days ago I live very close to Cannon Park on Cannon (corner of El Arbol) --and last years prote_sts or marches and what not were obnoxious and so were the people generally. Parking and traffic was horrendous. They SHOULD at the very least have to get a permit. Huge freedom lover here but permit is perfectly reasonable. 27 days ago Carlsbad is a small city. Groups over 75 can easily prohibit the intended use of a public space. I'm good with the current restriction of 50.v 27 days ago While I support the right to express ourselves as we believe necessary, as a community I would like to know when events or gatherings are happening so I can join in or avoid as I choose. I imagine there could be spontaneous gatherings that can't meet the criteria for a permit and I wouldn't want those people to face some kind of enforcement response. 28 days ago Permits help police to be prepared. We would like to keep our residents safe. 29 days ago If there is a large demonstration planned then organizers should be required to at least notify the municipality. I strongly opposed requiring any fee or insurance for such demonstrations. I also strongly oppose any attempt to issue citations or fines to demonstrators as this will undoubtedly be used to have a chilling effect on our 1st Amendment rights as Americans. As long as demonstrators do not significantly inhibit the public's use of the right of way or intentionally obstruct traffic, this requirement should be little more than a courtesy by demonstrators/organizers. 29 days ago https://publicinput.com/Reporting/PrintWindow?custld=1205&projld=3687 &showPie=true&showEngagementSummary=true&showComments=true&i... 15/44 May 14, 2019 Item #4 Page 100 of 129 3/6/2019 EXHIBIT 10 https://publicinput.com/Reporting/PrintWindow?custld=1205&projld=3687&showPie=true&showEngagementSummary=true&showComme ... Having been involved in a minimum of 5 riots sparked by varied sundry expressive groups/organizations/individuals/activities organized to convey an opinion, views both pro or con on issues of concern, or the simple distribution of literature. The intent of these groups may be overtly/or covertly intentionally aggressive or totally peaceful in nature, however a spark by an opposition group or individual can easily trigger a riot of varying degrees. As did a few of such instances in which I was involved. The result of a riot can easily result in death or serious injury to personnel on both sides, extensive property damage both commercial and private, etc. Instances such as those described are frequently spontaneous and extreme difficult for law enforcement and others to gain control and order. Accordingly, I am not all in favor of enabling the occasion of group gathering for the purpose of engaging for "expressive activities" without incorporating prudent and reasonable group pre assembly activities by the City to the proper gathering of essential information re the group concerned and its intention to ensure the necessary pre assembly planning to insure proper protection and safety of city/visitor personnel, citizens, private and business property. Accordingly, I am totally in favor of groups of 50 or more requiring a permit -not expanding permit requirement to 75+; group permit request to be submitted 60 business days in advance vice 90 days or the proposed 2 days; specified type(s) of insurance be required an purchased by Group/Activity concerned (insurance to cover damage to city, business and private property damage and medical and other cost to those injured or are killed); Park fees be required; Applicant reimburse city for police and fire response costs, and utility company costs. What specifically and clearly is meant by "participant do not follow traffic laws? For clarity purposes I totally believe that our citizens have every right to express their respective opinions in a variety of ways. However, proper steps must be taken to protect personnel and property when a know assembly of personnel are gathering and for the reason that they are gathering. A city has the right to knciw this so they can take timely and appropriate action to protect it's citizens should things go wrong. Free speech and assembly is a right of all, but with some comes responsibility for ones actions. 29 days ago Want our community to be able to voice their concerns, but we also must have some control over public City areas. one month ago 75 is too high. 50 is fine. Once a crowd gets above about 40 then it often inconveniences the citizens. one month ago With the nature of a "group" having an agenda of "expressive" activity, it is more than reasonable (requirement would be better) to have the group permitted. However, it would be more important to change 6 of the 10 areas of outline to better serve the general public. Otherwise, you are giving public funds as well as support to a group with a specific agenda that ALL would not agree to being acceptable. one month ago In the current climate of disruption being the response to disagreement, if disrupters are allowed free reign, they will disrupt traffic, commerce, government, and anything else they feel like. This is bad for Carlsbad, the citizens of Carlsbad and society in general. We need some regulations to ensure that we can all freely travel, work, play, shop, conduct business, and conduct government. one month ago Having a permit will be able to have those prot~sting in a "controlled" environment. I also hope police will be present and act accordingly to protect the public should those protesters become threatening to others, and propse jail time for those become a threat to non protesters one month ago https://publicinput.com/Reporting/PrintWindow?custld= 1205&projld=3687&showPie=true&showEngagementSummary=true&showComments=true&i... 16/44 May 14, 2019 Item #4 Page 101 of 129 3/6/2019 EXHIBIT 10 https://publicinput.com/Reporting/PrintWindow?custld=1205&projld=3687&showPie=true&showEngagementSummary=true&showComme ... 50 to 75 maximum. one month ago Applicant should agree to pay for any loss to the city resulting from the expressive activity. Neighbor notification should be required. one month ago The city needs to keep the integrity of our environment free from radical interruptions to our peace. one month ago 75 seems reasonable. one month ago That's a pretty large number and seems a permit would not be unreasonable. one month ago Leave the minimum at 50 or even less. Restrict expressive activities as much as possible one month ago 25 more people doesn't seem to make much difference ce. one month ago Planning, safety, preparation one month ago Comments Hidden by Filters or Admin: Freedom of speech. You already tried to silence peaceful protest last year. Shame on you for suppressing freedom and even more shame for trying to cover your despicable actions by creating laws and ordinances that are a joke and will be challenged in court. When people are pissed they will not be your little puppets and demonstrations that are being suppressed via your stupid laws will turn violent. How stupid is that? one month ago https://publicinput.com/Reporiing/PrintWindow?custld=1205&projld=3687&showPie=true&showEngagementSummary=true&showComments=true&i... 17 /44 May 14, 2019 Item #4 Page 102 of 129 EXHIBIT 10 3/6/2019 https://publicinput.com/Reporting/PrintWindow?custld=1205&projld=3687&showPie=true&showEngagementSummary=true&showComme ... How large should a group be to trigger the need for a permit? 13% Less than 50 36% 50 El More than 75 134 ../ B 50 127 ../ G 75 56 ../ G Less than 50 45 ../ 361 respondents https://publicfnput.com/Reporting/PrintWindow?custld=1205&projld=3687 &showPie=true&showEngagementSummary=true&showComments=true&i... 19/44 May 14, 2019 Item #4 Page 104 of 129 EXHIBIT 10 3/6/2019 https://publicinput.com/Reporting/PrintWindow?custld=1205&projld=3687&showPie=true&showEngagementSummary=true&showComme ... How long after a current event should expressive activity be allowed without a permit? Average There should be no exemption for current events Within 5 days of a current event in the news 201 Responses hltps://publicinput.com/Reporting/PrintWindow?custld=1205&projld=3687&showPie=true&showEngagementSummary=true&showComments=true&i... 20/44 May 14, 2019 Item #4 Page 105 of 129 EXHIBIT 10 3/6/2019 https://publicinput.com/Reporting/PrintWindow?custld=1205&projld=3687&showPie=true&showEngagementSummary=true&showComme ... Requiring a permit application be filed a minimum of 2 days before an event seems reasonable. 5% no opinion 27% strongly agree EJ agree EJ strongly agree B strongly disagree EJ disagree E] no opinion 372 respondents 73 Comments 112 _, 97 _, 95 _, 54 _, 15 _, Freedom of speech is a First Amendment right. Those rights supersede all City Ordinances. Please don't create an ordinance that is going to get the City of Carlsbad in trouble for what has been a non-issue in the past. We appear to be creating problems where none exist. one month ago No permit required in response to the news one month ago I think it should be MORE THAN TWO DAYS. one month ago https://publicinput.com/Reporting/PrintWindow?custld=1205&projld=3687&showPie=true&showEngagementSummary=true&showComments=true&i... 21/44 May 14, 2019 Item #4 Page 106 of 129 3/6/2019 EXHIBIT 10 https://publicinput.com/Reporting/PrintWindow?custld=1205&projld=3687&showPie=true&showEngagementSummary=true&showComme ... Should not require permit to express one's viewpoint no matter what the content 27 days ago No permit should be required to peaceably assemble 27 days ago There should be no permit required for a spontaneously gathering within five days of a current news event. one month ago Freedom of speech sometimes requires that people be able to respond to events that impact them immediately. The exemption for current events would resolve this. one month ago It's reasonable to have city resources available for large gatherings, but the concern is that it 'could' be used to stifle free speech, obviously. There absolutely must be nothing to infringe upon a person's ability to protest any recent event. 25 days ago No permit for assembly should EVER be required. one month ago Sometimes an immediate response to an event is most appropriate. Paul Revere didn't wait two days before riding through the town shouting "The British are coming!" one month ago That was one individual and not a group. We are discussing groups congregating. 29 days ago Spontaneous does not mean waiting two days. I do not recall any problems in Carlsbad at any gathering of any size. I don't believe that we should be ruled by fear of what might happen; on that basis, nothing would ever be planned .. .is it reasonable to make everyone stay indoors during storms because someone might get hit by lightening? 24days ago No permit should be required. Imagine a candlelight vigil for an officer .... would we need a permit to pay our respects? 25 days ago There should be no permit required one month ago It should be more than two days. one month ago No permits, no number restrictions. 25 days ago Call it what it is: a government mandated cooling-off period that won't actually work, isn't likely to survive judicial scrutiny, and may cause some to engage in less desirable forms of expression and protest. 25 days ago https://publicinput.com/Reporting/PrintWindow?custld=1205&projld=3687&showPie=true&showEngagementSummary=true&showComments=true&i... 22/44 May 14, 2019 Item #4 Page 107 of 129 3/6/2019 EXHIBIT 10 https://publicinput.com/Reporting/PrintWindow?custld=1205&projld=3687&showPie=true&showEngagementSummary=true&showComme ... Many not responding until last minute do to working or family care. For many who are within the city limits are paying taxes for the use of public lands. I find this grossly offensive to even suggest this. If it is a issue where is there a lack of funding of managing public lands. 25 days ago "Day of" filing would cover even spontaneous events coverage 27 days ago More than 2 days. one month ago Should be a longer time required to get the permit one month ago I agree with the exemption for current events, but I think it should be a week or more. one month ago Nobody should need a permit to use a sidewalk or beach for anything. It would better sense to arrest anybody blocking a street for any reason and get park use permits the sa·me as a large birthday party does. one month ago There should be more time allowed to plan for disruptions and inform business and residents potentially impacted by said action. one month ago The issue should always public safety. Period. Time, place, and manner should flow from the purpose (I.e. public safety); not from some arbitrary number of people or number of days. To i_mpose artificial numbers that may not be able to withstand judicial scrutiny involving public safety only leaves the city (and its residents) vulnerable to court challenge and penalties. one month ago What may not be able to withstand judicial scrutiny are attempts to stifle and regulate free speech. 24 days ago To maintain peaceful order. 22 days ago 2 days is not sufficient time to notify neighbors of a large gathering. 22 days ago I want a permit 22 days ago The answer varies depending on the kind of event that is being referred to. 23 days ago You are creating problems with rules. Let the people assemble as needed. When DT is out of office, this so-called problem goes away. Your proposed actions remind me of how DT governs-creating problems where there are none. 23 days ago https://publicinput.com/Reporting/PrintWindow?custld=1205&projld=3687&showPie=true&showEngagementSummary=true&showCommenls=true&i... 23/44 May 14, 2019 Item #4 Page 108 of 129 3/6/2019 EXHIBIT 10 https://publicinput.com/Reporting/PrintWindow?custld=1205&projld=3687&showPie=true&showEngagementSummary=true&showComme ... 2 days is not enough time to get the word out to the local neighbors or public 23 days ago Pllanned expression is fine; spontaneous (2 days) is more likely to be impulsive and trouble causing. 23 days ago We have a right to Assembly without restrictions .. 23 days ago No permit should be required. 23 days ago I chose 'strongly disagree' because the answers to previous questions on the survey do not offer all the options of choice. The survey questions and proposed answers do not allow for choices of absolute freedom of expression. Survey responders are left with the choice of participating by choosing answers that do not represent their true response, or not responding at all. 23 days ago More time to give neighborhood notice of event 23 days ago As long as I get a permit before we start I don't want to delay 23 days ago should be much longer period for community to be knowledgeable 23 days ago There are unexpected situations of great importance,. that require required immediate attention. 24 days ago How long will it take to be ok'd? 24 days ago The public and police should have longer to prepare 24 days ago The city needs time to prepare to protect the rest of the residents in case of emergencies. 24daysago City office closed two day on weekends 24days ago Are the 2 days "business days" or "calendar days"? 24days ago No permit for news events 24days ago Too short of a time 24days ago https://publicinput.com/Reporting/PrintWindow?custld=1205&proj ld=3687 &showPie=true&showEngagementSummary=true&showComments=true&i... 24144 May 14, 2019 Item #4 Page 109 of 129 3/6/2019 EXHIBIT 10 https://publicinput.com/Reporting/PrintWindow?custld=1205&projld=3687&showPie=true&showEngagementSummary=true&showComme ... Again, news events trigger emotions. A response, in favor or against the issues, benefits from time to think through a response. 25 days ago City services need time to ensure safety for participants. Things like adequate toilet facilities, parking, and traffic management. 25 days ago It is reasonable so that the city and community can be informed and kept safe. 25 days ago Organizing a group for public gatherings should require more than spontaneous action. The other businesses and citizens have rights too. They should have the opportunity to present a case against the gathering. 25 days ago I think it needs to be more than 2 days. The council should be allowed to grant permits for activities on a shorter notice, and take responsibility for the results 25 days ago Gives city sufficient time to plan for potential problems if any 25 days ago Gives city government time to evaluate potential for peoples if any 25 days ago Two days is reasonable except for issues of significant importa_nce. It's difficult for government to place a threshold on this, though, when it's typically government action/inaction that triggers an immediate public response. 25 days ago The is another code word for fee applied. Tax dollars have been assessed yearly to budget management of public grounds. 25 days ago Depends on how easy the process it. 25 days ago Very reasonable! 25 days ago A minimum of two days is very reasonable and should not impose any real restriction on a group. 25 days ago Because we live in the United States of America! 25 days ago Time to vet the purpose 27 days ago And who gets to decide what purpose is acceptable? 27 days ago https://publicinput.com/Reporting/PrintWindow?custld=1205&projld=3687&showPie=true&showEngagementSummary=true&showComments=true&i... 25/44 May 14, 2019 Item #4 Page 110 of 129 3/6/2019 EXHIBIT 10 https://publicinput.com/Reporting/PrintWindow?custld=1205&projld=3687&showPie=true&showEngagementSummary=true&showComme ... Five days should be required so people have time ponder their possible over reaction. 29 days ago One day would have been my choice. one month ago I would have preferred the option of 1 day but it wasn't an option. one month ago It should be about 5 days. Urgency is not a condition of necessity. Reactionary responses seem to create more problems, than thoughtful protesting. Carlsbad citizens/businesses come first! one month ago A permit is a permit. Whether building or gathering, the time structure should be the same. one month ago Residents, businesses and safety personnel need time to prepare for such disruptions. one month ago Businesses, police officers and citizens need to be able to plan for such disruptions. I also think it should be more than 2 days, 5-7 seems about right. one month ago 5 -7 days in advance. one month ago Those who oppose the current permitting process would typically be the first to complain to, or even sue the City, should Carlsbad not have enough law enforcement presence at an event that turned into a riot or results in altercations involving injury or property damage between individuals with opposing views. It is impossible to predict what a group of 50 or more individuals will do when thrown together at the last minute to express their views. If a matter is so urgent the "freedom of speech" event needs to be instantaneous a prudent person would not assume all event attendees or activities will be peaceful. If the matter is so "time critical," it seems reasonable those conducting such an event would be more than willing to sign a release or Hold Harmless Agreement in which they assume all responsibility for any incident arising from their activities, thereby releasing the City from all responsibility and indemnifying Carlsbad from any related damages. Certainly, such important "freedom of speech" events are legal. Groups have the right to hold them. It is also certain, that the group or individual(s) starting or hosting the "freedom of speech" event should have as much skin in the game as the City does. One would believe they would know the law related to group events and want the protection afforded under that law. Unlike what some naive people seem to believe, the City does not have the luxury of immunity from any charges arising from such events. In addition, City resources do n·ot appear at the snap of the finger nor are they without cost. Like it or not, the City is responsible and has the duty to ensure all group activities are conducted in a safe and reasonable manner. It is important to all Carlsbad residents that our City is governed in a manner that benefits and protects all citizens, not just the small groups of individuals who seem inconvenienced by rules that are in place to protect everyone. A minimum of two days to ensure positive outcomes and prepare for unseen problems is not unreasonable for any large group. Neither are the current regulations regarding such events . one month ago https://publicinput.com/Reporting/PrintWindow?custld=1205&projld=3687&showPie=true&showEngagementSummary=true&showComments=true&i... 26/44 May 14, 2019 Item #4 Page 111 of 129 3/6/2019 EXHIBIT 10 https://publicinput.com/Reporting/PrintWindow?custld=1205&projld=3687&showPie=true&showEngagementSummary=true&showComme ... Authorities should be notified in advance in the event that the gathering is for something that could be controversial or where things might get out of control. one month ago 2 daysis good,.with insurance. one month ago https://publicinput.com/Reporting/PrintWindow?custld=1205&projld=3687 &showPie=true&showEngagementSummary=true&showComments=true&i... 27 /44 May 14, 2019 Item #4 Page 112 of 129 EXHIBIT 10 3/6/2019 https://publicinput.com/Reporting/PrintWindow?custld= 1205&proj ld=3687 &showPie=true&showEngagementSummary=true&showComme What else would you like to share about this topic? 64 Comments I would like the city to prohibit the use of masks/face coverings during protests and demonstrations to current events. one month ago I agree since this is City owner land but even bigger than that, nationwide, if you truly feel so strong about an issue/topic no one should be a coward and cover their face. Either you're in full support of what you're there for or you are just half-butting it. Just sayin 27 days ago It almost seems ludicrous to me that this discussion needs to tak.e place. I've been attending peaceful demonstrations since I was a little girl, from Vietnam protests I attended with my parents, to gun control marches I've attended with my own children. It is a natural and very American part of our society, and should be allowed to continue without restrictions and excessive red tape. one month ago Applicants can not legally control who shows up or how attendees behave. That's illegal. I can not control another citizen's behavior. That's why we have police and fire protection. This question is another absurd question, that I expect will be struck down when challenged in court, which it will be. Please don't wast my taxpayer dollars creating illegal ordinances. It's a waste of time and money. one month ago Protection of freedom of speech for all, not just those who can afford to pay insurance and/or damages, is extremely important to me. one month ago The Police are paid for by City residents to keep the peace. There should be no requirement to pay for policing unless road closures or rolling roadblocks are required for public safety reasons. 27 days ago No face coverings or masks. one month ago The City should continue to prohibit face coverings or masks during expressive activity events. one month ago Prohibit the use of masks and face coverings during protests and demonstrations at Expressive Activity events. one month ago Stop the restrictions for political speech. one month ago There should be no additional cost, this is the cost of living in a free society and big City. one month ago Restricting free speech is a disservice to our citizens and invites a costly lawsuit. That is fiscally irresponsible. 24 days ago https://publicinput.com/Reporting/PrintWindow?custld=1205&projld=3687&showPie=true&showEngagementSummary=true&showComments=true&i... 30/44 May 14, 2019 Item #4 Page 115 of 129 3/6/2019 EXHIBIT 10 https://publicinput.com/Reporting/PrintWindow?custld=1205&projld=3687&showPie=true&showEngagementSummary=true&showComme ... Honestly I think it's nuts that this can be regulated at all. It's in the first amendment. The right to free assembly. What makes the City of Carlsbad think it's local laws outweigh the US Constitution? The only requirement of protesters should be that their protest is peaceful. 25 days ago I think organized events should require neighborhood notification. I live next to a Calaveras Park that sits on a hill overlooking my community. The sound emanates from the Park, as Park officials push gatherings to an area in the back that overlooks my neighborhood. All events of 50 or more people, including expressive activity, should include notification to affected neighborhoods. 25 days ago No masks or face coverings. 25 days ago There is a significant difference between a planned "special event" that is sponsored by an organization and a spontaneous assembly of citizens protesting injustice. Apparently many "law and order" people are okay with people stockpiling military grade weapons but the same people want to regulate and restrict the constitutionally guaranteed right of a simple protest? Those individuals who act with violence or destroy property should be held accountable, This is an attempt to proactively restrict all citizen's rights to try to prevent bad action by a few by calling a spontaneous protest a "special event". 26 days ago We pay enough for these services as Carlsbad residents. Most demonstrations are peaceful and do not need police or fire personnel. Another way for the city to potentially regulate freedom of expression by prohibiting groups wh can't afford it from protesting. 27 days ago Explicit language and signage shall not be permitted. There was a rally last year at Cannon Park and people had signs with profanity and yelling profanity. This behavior should not be allowed. 29 days ago Since the right to assembly and free expression are protected under the First Amendment, this seems in violation of citizens' rights. 29 days ago Providing police and emergency response is the city's responsibility, already paid for by those who live and visit here. No additional fee should be charged. one month ago We already pay for police/fire. No new fees. However, each activity should have limits and controls enforced immediately or be disbanded. We give our kids freedom, but it doesn't extend to inconveniencing others, vandalism or any unlawful or rude behavior. Nip it in the bud. one month ago No face coverings should be allowed, it frees those so inclined to cross lines of civility with impunity. one month ago We already pay for the police to do their jobs. one month ago Carlsbad Staff is creating a don't protest anything climate. one month ago https://publicinp~t.com/Reporting/PrintWindow?custld=1205&projld=3687&showPie=true&showEngagementSummary=true&showComments=true&i... 31/44 May 14, 2019 Item #4 Page 116 of 129 3/6/2019 EXHIBIT 10 https://publicinput.com/Reporting/PrintWindow?custld=1205&projld=3687&showPie=true&showEngagementSummary=true&showComme ... Why are we changing the name from protest to expressive activity? Call it what it is in plain English. one month ago Freedom of peaceful speech shouldn't incur an unreasonable financial burden on protesters. Taxes pay for public safety services. one month ago Nobody should block the streets. Agree neighbors should get a heads up_and masks are a bad idea. Protests in North County have been vocal but peaceful. We should expect the best from each other, not the worst. Individuals who cause damage should be personally responsible, not groups. Most protests here are a bunch of ladies & environmentalists -they even yell at anybody who doesn't pick up their own garbage. What is anybody so afraid of? one month ago I also think that the neighbors should get a heads up that an "event" will be taking place! I would want to know!! one month ago Rights and re_sponsibilities go hand in hand._ If someone wants to exercise their right to protest or demonstrate, they also need to accept responsibility if their action results in damage to others, both people and property. one month ago All too often protests and demonstration turns ugly and result in property damage. The offenders should cover the cost of this. If the demonstration is peaceful there would be no additional expenses. 24days ago No masks or face covering. 24 days ago I would like the city to prohibit the use of masks/face coverings during protests or demonstrations. 24days ago All my experiences with hosting public events on public land required some monetary payout for use. By example, who pays for security during running races and art fairs? Should be consistent. 25 days ago Remove all restrictions. 25 days ago Cost of doing business for the City, unless there is proven negligence or intentional damage on part of specific participants. 25 days ago Unlike some people's opinions we don't have the right to protest. We do have the freedom of speech. This doesn't come at the expense or cost of someone else's rights. 25 days ago The right to peaceably assemble is not "some people's opinions." It is delineated in the Bill of Rights, as is the right of free speech. It appears that some folks do not accept the right of others to hold and express opinions contrary to their own. That is a violation of their rights. It is also un-American. 24days ago https://publicinput.com/Reporting/PrintWindow?custld=1205&projld=3687&showPie=true&showEngagementSummary=true&showComments=true&i... 32/44 May 14, 2019 Item #4 Page 117 of 129 3/6/2019 EXHIBIT 10 https://publicinput.com/Reporting/PrintWindow?custld=1205&projld=3687&showPie=true&showEngagementSummary=true&showComme ... Neighborhood notification, park use fee, reimbursement for police and fire services should be required as well. I also agree that the use of face coverings during protests should be prohibited. 29 days ago Any damage inflicted by a group should be paid for by that group! one month ago Key word, additional. 23 days ago It's unbelievable that our city Council would even question our Constitution and Bill of Rights and it even the Declaration of Independence. Take away the rights, Well remember Tiananmen Square? Students currently don't even know that that happened in China. I ask our leaders of the city is that what you want here? Review your constitution civic leaders. And remember what the forefathers wanted for us! 23 days ago Left wing mobs are a real problem. They sow violence-in Carlsbad 23 days ago Are you being sarcastic? I hope so ... 23 days ago At the "Families Belong Together" march, I-saw at least three SUVs holding officers parked along Cannon. I would argue they were not needed, and their expense was unnecessary. Point is that the expense of these personnel should be charged to whoever ordered them to be there: the expense did not result from the activity at the march. 23 days ago I absolutely believe gatherers should be fiscally responsible for any damages they cause. 23 days ago Again, not my event, not my expense. Also, SAFTY FIRST 23 days ago I think it's reasonable to ask for permits for social gatherings .. : but NOT as an excuse to break up groups responding to news events or squash free speech. The right to peaceful protest is important and democratic. Good lord, we are not military state ... 23 days ago no mask or suede weapons should be allowed 23 days ago There must be great caution used to ensure this fee is not a deterrent for expression. The fee should be evenhanded and perhaps, proportional to the risks the proposed protest presents. 24days ago The right to free expression is guaranteed by our constitution. Paying for insurance is a violation of that right. 24 days ago Go protest in Encinitas!!!!! 24 days ago https://publicinput.com/Reporting/PrintWindow?custld= 1205&proj ld=3687 &showPie=true&showEngagementSummary=true&showComments=true&i... 33/44 May 14, 2019 Item #4 Page 118 of 129 3/6/2019 EXHIBIT 10 https://publicinput.com/Reporting/Prin!Window?custld=1205&projld=3687&showPie=true&showEngagemen!Summary=true&showComme ... Several of my comments seem to be AUTO DELETED 24days ago How much approx would insurance be for the different types of activities requiring permits? What factors would influence the insurance cost? (i.e., silent "sit in" type demonstration; picketing with signs but no bullhorns; handing out flyers; amplified speech.) 25 days ago Curious why this is being brought to the table right now ... I have a feeling somethings going on. What triggered this is my question. 25 days ago This is happening because of the new Democrat majority on the City Counsel. 25 days ago That is a completely INACCURATE and UNTRUE statement. First of all, the city council is non-partisan,, as shown on the ballots Carlsbad citizens utilized. Whether a member is Democrat or Republican is irrelevant. Second, this issue came up a few months back when groups all over the country planned protests against the Trump administration's policy of separating children from their parents at the border. Ninety days notice for a protest about a current event was considered an onorous restriction. Many citizens appeared at the next city council meeting complaining about the city regulations. The FORMER city council initiated a review of the policy by staff. They could not do the review and proposal of new regulations overnight. Staff did the revirw and the proposed regulations were recently reported to the city council, which does now have two new members. The council is now soliciting citizen input, thus this survey The information provided above can be fact-checked by reviewing city documentation including city council minutes and related staff reports available on the city web site. 24days ago I appreciate all of your comments and clear explanations. Thank you. 24 days ago Citizens exercising their constitutional rights is a "cost of doing business" for governments. Requiring reimbursement or ceicerage of expenses is unreasonable. 25 days ago If public events are causing a deficit to funds maybe cut back on events. Like the street fair, concerts in the park, art walk, music in the streets and so many more. RIGHT! In all those are all money makers for the city which some are fee applied to participate. Where does it end. 25 days _ago What triggered the City to suddenly come up with this proposed ordinance? 27 days ago Please see my comment above. It describes the background of this proposal. 24days ago This whole survey is ridiculous. one month ago https://publicinput.com/Reporting/Prin!Window?custld=1205&projld=3687&showPie=true&showEngagemen!Summary=true&showComments=true&i... 34/44 May 14, 2019 Item #4 Page 119 of 129 3/6/2019 EXHIBIT 10 https://publicinput.com/Reporting/PrintWindow?custld=1205&projld=3687&showPie=true&showEngagementSummary=true&showComme ... I do not feel expressive activities further the causes which they support, and usually inconvenience the public and turn them against the cause. They have a right to expression under controlled conditions one month ago Maybe·_ if the activity results in additional e pen sensor liability exposure. one month ago https://publicinput.com/Reporting/PrintWindow?custld= 1205&projld=3687 &showPie=true&showEngagementSummary=true&showComments=true&i... 35/44 May 14, 2019 Item #4 Page 120 of 129 3/6/2019 EXHIBIT 10 https://publicinput.com/Reporting/PrintWindow?custld=1205&projld=3687&showPie=true&showEngagementSummary=true&showComme ... This is a de facto violation of the civil rights of citizens who cannot afford insurance. one month ago If they can't afford insurance then it's highly recommended they seek employment instead of protesting. A logical recommendation. 29 days ago "seek employment instead of protesting" sounds like someone needs to study history and civics. A statement like that is something I might expect to hear from Putin, not an American. 24days ago Do you even know how much the insurance premium is? Any one on minimum wage could not afford it 27 days ago . Apples and sand citizen. One has not a thing to do with the other. 27 days ago Why do you assume the permit is for protests. How about church picnics, organization festivities, etc. 23 days ago Why should Carlsbad pay for left wing mob damage? 23 days ago Steve, I have seen more than one of your comments now and you refer to "left wing mob" in each. I have never seen or heard of a "left wing mob" organizing or demonstrating in Carlsbad. Have you? If so, could you explain? If not, you may want to stop binge watching FOX News. Further, here is the definition of 'mob'; 1.a large crowd of people, especially one that is disorderly and intent on causing trouble or violence. 23 days ago insurance (comma) 25 days ago This is a very leading question and poorly written for a survey. The Cl1Y should pay for insurance. No reasonable person wants City property to be damaged. That's a given. And the City has stated that this insurance is for a "nominal fee." If it's so nominal, in our $350million annual budget, for as many of these events that we have each year, the City can pay for the insurance. Freedom of speech is guaranteed to be just that-FREE. Absurd requirement that most likely will end up in litigation that will cost more than any insurance the City would ever have to pay for. one month ago Peaceful protests take place across the world on a regular basis and insurance policies are never an ·issue. Why is Carlsbad complicating an issue that is so simple? The First Amendment protects us and ensures that we all have the right to engage in peaceful gatherings. I highly doubt that our founding fathers considered that insurance should ever be a factor. one month ago We have a basic right to protest. And more than likely the entire event will be captured by numerous videos, phones and cameras. If there is real damage, allow the use of these recordings to identify those committing acts of vandalism. one month ago Buying insurance to use a public park, beach or sidewalk for any purpose is ridiculous. Have other protests in North County (Encinitas.San Marcos) caused damage to public property? Haven't they been peaceful? It's not like we have any confederate statues to topple. one month ago https://publicinput.com/Reporting/PrintWindow?custld=1205&projld=3687&showPie=true&showEngagementSummary=true&showComments=true&i... 37/44 May 14, 2019 Item #4 Page 122 of 129 3/6/2019 EXHIBIT 10 https://publicinput.com/Reporting/PrintWindow?custld=1205&projld=3687 &showPie=true&showEngagementSummary=true&showComme ... Radical groups sometime damage city property-those responsible for the damage should be responsible for the costs. 25 days ago Requiring insurance is unreasonable limitation of speech some groups can not afford it or insurance may not be obtainable for a particular activity. 27 days ago A person should have the right to assemble peacefully without having to pay a fee. 24days ago This would serve as a barrier to free speech. Who would pay for it? How would it be collected? 25 days ago They are being encouraged to purchase it from the city? Don't our taxes already pay for city. Insurance? Seems unethical. 25 days ago Some groups are uninsurable or cannot afford insurance. Lack of insurance should not preclude free speech. 25 days ago This seems like a clear violation of right of assembly 29 days ago No insurance. Such a requirement discriminates against those who are unable to afford it. one month ago Insurance in this context is a tax the right to assemble. one month ago This is a valid argument. The only burden imposed by that assembly may be waste or wear/tear to the location. If the people assembling already are tax payers, one could argue that this is a duplicative tax. 24days ago It is unreasonable to to require insurance to use a sidewalk, beach, or park for any reason. Has there been public destruction at other protests in North County (San Marcos, Encinitas)? It's not like we have a bunch of confederate statues to topple. one month ago I understand we have a right to "protest" and assemble. My concern is unlawful behaviors and "mob" mentality. How will group members be kept from wearing masks if they are aware they'll be filmed? one month ago Damage of city property is unlawful, other provisions in city law would cover extracting compensatory funds from the people who caused the damage. Requiring insurance would eliminate access to many groups that do not have their own infrastructure to fund insurance policies. 24days ago Poor people also enjoy the right to free speech according to the US Constitution. 24 days ago https://publicinput.com/Reporting/PrintWindow?custld=1205&projld=3687&showPie=true&showEngagementSummary=true&showComments=true&i... 38/44 May 14, 2019 Item #4 Page 123 of 129 3/6/2019 EXHIBIT 10 https://publicinput.com/Reporting/PrintWindow?custld=1205&projld=3687&showPie=true&showEngagementSummary=true&showComme ... People choosing to hold an event should be responsible for any damage that is incurred by their group. 24days ago Cities already carry insurance which is paid for with tax dollars. So we are already paying for insurance. Any fee is a restriction of free speech. While I realize that some people only believe in free speech for those who agree with them, that is not what the constitution and bill of rights seek to protect. Once again, Carlsbad does not have a history of issues with gatherings. No justification foie restrictions. 24days ago Very well said. 24days ago The question with the answer slider needs to be thrown out because it was confusing to use and there was no ability to edit. I haven't the foggiest idea how I answere it. 25 days ago I think the city should pay for the insurance. We are a peaceful town, and it is the city worried about negative outcomes. If it becomes a problem, revisit the issue. 25 days ago Disparate and unreasonable regulation of speech for those who cannot afford or otherwise are denied insurance. 27 days ago This is anothe way that city can render disparate treatment to groups preventing those who can't afford insurance nor get it for some reason to speak their views. Unreasonable regulation of speech. 27 days ago This requirement allows for disparate treatment for groups as there are groups who can't afford insurance and some that can. Those who can't would be disenfranchised and their views would not be heard. Again this is an unreasonable limitation of speech. 27 days ago To what purpose would the insurance be required? Surely all city owned locations are covered for the types of incidents that could happen at such an event, so requiring a second insurance coverage could be deemed illegal (as double coverage) 27 days ago Having to buy insurance hampers the right of free speech one month ago Discourag bad behavior & community saftey. one month ago For comminity safety. one month ago Dont have cost figures. 23 days ago https://publicinput.com/Reporting/PrintWindow?custld=1205&projld=3687&showPie=true&showEngagementSummary=true&showComments=true&i... 39/44 May 14, 2019 Item #4 Page 124 of 129 3/6/2019 EXHIBIT 10 https://publicinput.com/Reporting/PrintWindow?custld=1205&projld=3687&showPie=true&showEngagementSummary=true&showComme ... Providing Insurance is taking responsibility for what goes on in this gathering, I dont' want my tax money going to pay for potential riot damage. 23 days ago Let this well to do City pay for INSURANCE due to a loss. 23 days ago Taxes are paid for law enforcement. This well to do City can get insurance to cover a potential loss . 23 days ago Violates FREEDOM of free speech. 23 days ago Violates the right to free Expression. Some groups may not be able to pay. 23 days ago Puts an undo burden on Citizens. May not afford the insurance. 23 days ago What was the cost to the city of a thousand people participating in an ongoing protest last June? People were orderly, insurance was not required. If the administration fears damage, let it maintain insurance. 23 days ago Having to pay for insurance would be a bar to already disenfranchised groups gathering. They should pay for any loss to the city afterwards, however. 23 days ago The city should not have.to pay for people not being civil. 23 days ago Any unforeseen damage ECT needs to be paid by the event coordinators. Not my taxes. 23 days ago Discriminates against the poor. 23 days ago Carlsbad has THE ADDED MEI.ROOS TAXES, THAT WE PAID ON OUR HOMES. THEY SHOULD HAVE ENOUGH MONEY TO COVER INSURANCE FEES. THIS ISSUE IS ANOTHER WSIST OF TIME OF THE LICAL GOVERNMENT. THE MONEY THEY WADTE ON SIPPLIES, GAS AND UNIMPORTANT ISSUES AS THIS, !CAN TOTALLY PAID FOR THE INSURANCR FEES. 24 days ago Too much risk. Why should the city or homeowners pay for a cause they may not agree with. 24days ago Damage to city fields ... will disputes youth sports 24days ago Private property damage too 24days ago https://publicinput.com/Reporting/PrintWindow?custld=1205&projld=3687&showPie=true&showEngagementSummary=trueft,showComments=true&i... 40/44 May 14, 2019 Item #4 Page 125 of 129 3/6/2019 EXHIBIT 10 https://publicinput.com/Reporting/Prin!Window?custld=1205&projld=3687&showPie=true&showEngagementSummary=true&showComme ... Depends on the size and purpose of event. A family gathering of 80 at the park for a birthday elebration shouldn't need insurance. Large protest gatherings often leave a trail of garbage behind for which cities are responsible. 25 days ago Keep everyone protected! 25 days ago The city holds insurance. 25 days ago They should be responsible fo the damage they create. But I have no idea how much insurance costs. It could be prohibitive for some lower income people and that does not seem right to me 25 days ago We are a civil society and need to responsible for our actions. lfwe are planning to bring together a large group there should be protection to the city and residents. 25 days ago Vandals are personally responsible for their damage. 25 days ago Charge the people who cause damage. 25 days ago Should be evaluated case by care. 25 days ago · I feel strongly that organized events should include neighborhood notification. 25 days ago Charge any law breakers/vandals immediately. But requiring insurance for every little thing is prohibitive. one month ago A bond should be required as in any project! one month ago Some people who assemble to express their anger and outrage, which is the whole point of this thing, can get a bit out of control. When they do, they should pay for any damages they cause. one month ago There are already laws that protect property and against vandalism. I live in this city and I have the right to express my opinion, that does not make me a vandal or a criminal or a such a danger that I have to insure others against me. When did anything get vandalized or damaged during protests in Carlsbad?'' one month ago I do by condone expressive zctvities one month ago https://publicinput.com/Reporting/PrintWindow?custld= 1205&proj ld=3687 &showPie=true&showEngagementSummary=true&showComments=true&i... 41 /44 May 14, 2019 Item #4 Page 126 of 129 3/6/2019 EXHIBIT 10 https://publicinput.com/Reporting/PrintWindow?custld=1205&projld=3687&showPie=true&showEngagementSummary=true&showComme ... Why should Carlsbad residents have to pay for damage caused by a group expressing their feelings. Any well meaning group should have insurance at least to protect their own members as well as the property of Carlsbad residents. Current law is why Carlsbad is a very safe city. Why make fiscally less safe laws? one month ago If only reasonable people protested then insurance wouldn't be an issue. Unfortunately that's not the case. The city and our tax paying dollars should not be wasted on insurance and large protests that have the potential to destroy property and scare our children. Yes, peaceful protests happen all over the world frequently. But so do unpeaceful protests. There are many different avenues to exercise your first amendment rights. Especially with social media. I'd prefer not be forced to wait until after the fact to review people's mobile phone videos of something that has gone wrong. Especially if it was preventable one month ago The promotion of free speech, a protected civil right, is not a waste of government resources. 24days ago May is my answer -when the city determines the activity gives rise to additional expenses or liability exposure. Do the analysis. one month ago Maybe -if the activity gives rise liability exposure. one month ago I think the city should hold the responsibility on a case by case basis in the event of a violation. one month ago Comments Hidden by Filters or Admin: If the protesters get out of hand and damage private property who's paying for it? Bet your ass if its my property I'll have attorney after the city for damages! 23 days ago https://publicinput.com/Reporting/PrintWindow?custld=1205&projld=3687&showPie=true&showEngagementSummary=true&showComments=true&i... 42144 May 14, 2019 Item #4 Page 127 of 129 EXHIBIT 10 3/6/2019 https://publicinput.com/Reporting/PrintWindow?custld=1205&projld=3687&showPie=true&showEngagementSummary=true&showComme ... Where do you live (map will show general area, not your exact location)? https://publicinput.com/Reporting/PrintWindow?custld=1205&projld=3687&showPie=true&showEngagementSummary=true&showComments=true&i... 43/44 May 14, 2019 Item #4 Page 128 of 129 EXHIBIT 10 3/6/2019 https://publicinput.com/Reporting/PrintWindow?custld=1205&projld=3687&showPie=true&showEngagementSummary=true&showComme ... Thanks for your input. You can subscribe to receive City Council agendas by email or let us know if you'd like to be notified specifically about updates on this issue. If you'd like to talk with a staff member about this issue, please contact: Chris Hazeltine Parks & Recreation Director chris.hazeltine@carlsbadca.gov 760-434-2887 https://publicinput.com/Reporting/PrintWindow?custld=1205&projld=3687&showPie=true&showEngagementSummary=true&showComments=true&i... 44/44 May 14, 2019 Item #4 Page 129 of 129 Amanda Guy, Deputy City Attorney Neil Gallucci, Police Chief May 14, 2019 Proposed Expressive Activity Ordinance Staff Recommendation •Introduce an Ordinance Amending Chapter 8.17 and Adding Chapter 8.18 to the Carlsbad Municipal Code to Establish an Expressive Activity Events Permitting Process and Waiving Applicable Park User Fees Item Background •6/30/18 demonstration in Cannon Park •8/28/18 City Council meeting ─Direction to bring forward a permit process for expressive activities separate from the current Special Events Ordinance Expressive Activities •“Expressive activities”: conduct primarily intended to convey an opinion, views, or ideas –Examples: demonstrations, marches, rallies, and distributions of literature •Currently regulated under the Special Events Ordinance as a type of special event –These events are distinctive because individuals demonstrating on City property enjoy First Amendment rights to free speech •Permit and notice requirements allowed •First Amendment requires: −Narrowly tailored / substantial gov’t interest −Content-neutral −No overly broad discretion −Ample alternatives for communication •Avenue of expression for fast-breaking events First Amendment Requirements Key Objectives of Proposed Ordinance •Streamline the current permitting process –Create a process separate from special events permitting –Reduce permit requirements and create single point of staff contact •Provide City with the opportunity to coordinate with event organizers and commit staff resources –Facilitate successful expressive activity events by coordinating competing uses of public spaces –Protect the safety of event participants, and the general public, by involving police resources where necessary Proposed Expressive Activity Permit Process •Expressive activity event permit is required for a gathering of 75 or more persons to engage in an expressive activity, and the use of: –A public park or other public area; or –A street or sidewalk in a manner that does not comply with traffic laws Proposed Expressive Activity Permit Process –cont’d •Permit application requires: –Event organizer contact information –Date(s), time(s), and location(s) for the event –Estimate of the number of participants –Traffic control information if involving full or partial street closures –Whether event involves vehicles, animals, fireworks, pyrotechnics or a sound-amplifying system –Proof of insurance (subject to waiver) Proposed Insurance Requirement •Currently, all special event permittees must provide adequate proof of insurance •Under proposed ordinance, insurance only required if: ─Event presents significant public liability or property damage exposure to the City and either: (1) the applicant does not agree to re-design or reschedule the event; or (2) the applicant does not agree to provide limited indemnity to the City Proposed Expressive Activity Permit Process –cont’d •Permit application is due at least two calendar days prior to the event date •City may impose permit conditions that are reasonably necessary to protect public health and safety •City will approve permit unless the event involves specific traffic impacts, public facility capacity concerns, or a significant diversion of police resources •City will approve or deny at least one calendar day prior to the event, and any denial will be in writing Permit Exemptions •Expressive activity on public sidewalk or street and traffic laws followed (no size limit) •Expressive activity using a public park or other public area (less than 75 persons) •Spontaneous Demonstrations Spontaneous Demonstrations •A “spontaneous demonstration” is an expressive activity prompted by news or affairs coming into public knowledge less than 48 hours prior to the activity •For groups of 75 persons or more, spontaneous demonstrations only require limited advance notice –At least four hours prior to the event, the event organizer must provide their contact information, the event date(s), time(s) and location(s), and an estimate of the number of event participants Special Events Ordinance Proposed Size of group requiring a permit 50 or more 75 or more Permit exception for news within past 48 hours Yes, 36 hours’ notice Yes, no notice or 4 hours’ notice Permit application due 90 days in advance 2 days in advance Ability to waive permit deadline Yes Yes Insurance required with permit Yes May be waived Applicant must obtain own insurance Yes Yes, if required Park use fee charged Yes No Applicant reimburses city for police and emergency response costs Yes No Neighbor notification required Yes No Indemnification required with permit Yes No Public Input •Considered feedback from: ─Two ACLU letters (8/1/18 and 1/29/19)(See Att. 9 for responsive changes) ─Input at a January 30, 2019 public presentation of the proposed ordinance ─Online questionnaire feedback (Jan. 31 –Feb. 10) •A number of changes were made in response to public input (Att. 4 shows changes since January) Public Input – cont’d •Key concerns from January meeting attendees: ─Insurance requirements ─Enlarging “spontaneous demonstration” permit exemption ─Expressly limiting responsibility for third party actions ─Eliminating the permitting requirement ─Raising the 75-person permitting threshold ─Uniform City contact for permits •Proposed ordinance covers these except for the permit requirement and 75-person permitting threshold Public Input – cont’d •For online questionnaire (Att. 10), most supported: ─The 75-person permitting threshold ─A permit exemption for “spontaneous demonstrations” ─A minimum two-day deadline for permit applications ─Requiring reimbursement for emergency response costs ─Requiring insurance for expressive activity events •Proposed ordinance aligns with this except it does not require reimbursement of emergency response costs Staff Recommendation •Introduce an Ordinance Amending Chapter 8.17 and Adding Chapter 8.18 to the Carlsbad Municipal Code to Establish an Expressive Activity Events Permitting Process and Waiving Applicable Park User Fees Questions? Key Changes to Current Process •Permitting threshold raised from 50 to 75 persons •Permit application deadline reduced from 90 to two days •Advance notice requirement for “spontaneous demonstrations” reduced from 36 hours to no notice/four-hour notice •Insurance requirement waived under three scenarios •Indemnification not strictly required •Applicable park fees waived •No reimbursement of emergency response costs •No neighborhood notification requirement Size of group requiring a permit 75 or more Permit exception for news within past 48 hours Yes, no notice or 4 hours’ notice* Permit application due 2 days in advance Ability to waive permit deadline Yes Insurance required with permit May be waived* Applicant must obtain own insurance Yes, if required Park use fee charged No Applicant reimburses city for police and emergency response costs No Neighbor notification required No Indemnification required with permit No* (*) –Change made subsequent to Jan. 30, 2019 public meeting. Proposed Expressive Activity Permit Process Special Events Permit Process Size of group requiring a permit 50 or more Permit exception for news within past 48 hours Yes, 36 hours’ notice Permit application due 90 days in advance Ability to waive permit deadline Yes Insurance required with permit Yes Applicant must obtain own insurance Yes Park use fee charged Yes Applicant reimburses city for police and emergency response costs Yes Neighbor notification required Yes Indemnification required with permit Yes