HomeMy WebLinkAbout2019-11-19; 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 an• Limiting city's permit application review period to no more than three calendar days:
o Provides certainty to event organizers on the city's maximum review period.
o Reduces the city's review period where a permit application is received more
than four days prior to proposed event.
Administrative Regulations and Permit Application
If the City Council approves the proposed ordinance, city staff will update the prior draft
administrative regulations for permit application intake, review, and response procedures to
reflect the new proposal. See Attachment 5 to Exhibit 5. City staff will also update the prior
draft permit application to reflect the subcommittee recommendation. See Attachment 6 to
Exhibit 5.
Fiscal Analysis
The exact fiscal impact is unknown but staff do not anticipate the need for additional staff
resources. If adopted, staff will monitor the ordinance's fiscal impact and report back to the city
council if additional resources are needed.
The ordinance waives any applicable park user fees for "spontaneous demonstrations" and
expressive activity events permitted under Carlsbad Municipal Code 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 be agendized for adoption at the City Council meeting of
Dec. 10, 2019. The ordinance will become effective 30 days after City Council adoption.
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 ordinance
2 . Proposed red line/strikeout version of the ordinance
3. Proposed ordinance compared to May 14, 2019 version
4 . Overview of Proposed Permitting Process and Exemptions
5. May 14, 2019 Staff Report and attachments
Nov. 19, 2019 Item #15 Page 4 of 175
ORDINANCE NO. CS-365
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE TITLE 8, CHAPTER
8.17 REGARDING SPECIAL EVENTS, ADDING CHAPTER 8.18 REGARDING
EXPRESSIVE ACTIVITY EVENTS AND WAIVING APPLICABLE PARK USER FEES
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 of the 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
Nov. 19, 2019 Item #15 Page 5 of 175
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
Nov. 19, 2019 Item #15 Page 6 of 175
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 ofthis 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 person to whom a special events permit has been issued.
"Person" means any person, firm, partnership, association, corporation, company or
organization of any kind.
"Police chief" means the chief of police or authorized designee.
Nov. 19, 2019 Item #15 Page 7 of 175
"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 sound 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 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.
"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.
Nov. 19, 2019 Item #15 Page 8 of 175
8.17.030 Permit required.
No person shall engage in or conduct any special 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
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.
Nov. 19, 2019 Item #15 Page 9 of 175
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,
m. Assembly or production areas,
n. Electrical sources and connections,
Nov. 19, 2019 Item #15 Page 10 of 175
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 ofthe 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;
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)";
Nov. 19, 2019 Item #15 Page 11 of 175
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 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.
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.
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.
Nov. 19, 2019 Item #15 Page 12 of 175
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 ofthis 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;
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:
Nov. 19, 2019 Item #15 Page 13 of 175
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
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 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
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
Nov. 19, 2019 Item #15 Page 14 of 175
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 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
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.
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.
Nov. 19, 2019 Item #15 Page 15 of 175
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 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.
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.
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.
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.
Nov. 19, 2019 Item #15 Page 16 of 175
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 iss_uance of a special 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;
F. The specific route ofthe 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;
Nov. 19, 2019 Item #15 Page 17 of 175
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 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 oft he 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 ofthe 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.
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;
Nov. 19, 2019 Item #15 Page 18 of 175
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.
SECTION Ill: Carlsbad Municipal Code Chapter 8.18 is added 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
Purpose and intent.
Definitions
Permit Required
Application
Chapter 8.18
EXPRESSIVE ACTIVITY
Permit approval or denial
Administrative regulations.
Violations
Nov. 19, 2019 Item #15 Page 19 of 175
8.18.080 Severability
8.18.010 Purpose and intent.
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.
"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 seven or less days 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.
Nov. 19, 2019 Item #15 Page 20 of 175
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, time, 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.
3. An estimate of the number of persons who will be participating in the event.
4. If the event requires full or partial street or sidewalk closures, the applicant shall
describe whether the event intends to occupy all or only a portion of the streets and/or
sidewalks proposed to be traveled.
5. Whether the event will involve the use of vehicles, animals, fireworks,
pyrotechnics or a sound-amplifying system.
C. The application shall be filed no later than two days before commencement ofthe event.
D. The city manager may waive any of the permit application requirements where
circumstances make it impractical or unnecessary to meet those requirements.
Nov. 19, 2019 Item #15 Page 21 of 175
8.18.050 Permit approval or denial.
A. The city manager shall act on all complete applications in the following manner:
1. In determining whether to approve or deny a permit under section
8.18.050(A)(2), or to impose conditions on a permit under section 8.18.050(A)(3}, the
city manager shall 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.
2. 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.
3. 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.
4. The city manager will act promptly on a timely filed and complete application.
The city's review of a complete application shall take no longer than 72 hours and the
city manager 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.
Nov. 19, 2019 Item #15 Page 22 of 175
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.
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 and facility use permit
requirements and park facility 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 city park areas. The city council hereby waives any applicable park and facility use permit
requirements under Carlsbad Municipal Code section 11.32.030(18) and 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.
Nov. 19, 2019 Item #15 Page 23 of 175
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 19th
day of November 2019, and 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)
Nov. 19, 2019 Item #15 Page 24 of 175
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
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.
8.17.010 Purpose and intent.
EXHIBIT 2
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 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 expr.ession 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.
Nov. 19, 2019 Item #15 Page 25 of 175
EXHIBIT 2
"Demonstration " means any formation, procession or assembly of 50 or moi:e-persons •Nh ich , for the
purposes of expressive activitY.:_;4&.-
1. To assemble-e-r-traveWn---tffii-se-A--OO--any-street-+A-a--fi:iafHIBf--tMt-Eloe.s-Am-w~rmal
traffiG-fegu~tioo-s-Of..GO n tro Is ; or
2 . To gather:---at--a-pwlic park or otfief-p1:i-9l-is--afe&.-
"Event" means a-ifl~ special event or a demonstration .
"Event organizerprometef" 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 meaHs-expression of
opinion , views , or id eas0 -a-Ad-for-w-h+Cfl....oo-f.ee-e-r:4E>Moofl-is-sharged-ef-fB€tt!+red-a&-a-GOHa-ilioH-ef
paft+Gip-atien-ifl-Of..atteHa-aR-Ge--at--suGh-aGffil'~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 requi res a traffic control plan for a secondary arterial , major arterial or a prime arterial.
"Minor even t" 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 , pub l ic park, or other public area with i n the city .
"Parks and recreation director" means the director of parks and rec reation or authorized designee .
"Permittee" means a person to whom a special events permit has been issued.
"Person " means any person , firm , partnership , association, corporation , company or organization of any
kind.
"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.
"Pub lic assemb ly" means any meeting, p icket line, rally or gathering of any kind that occupies any street ,
s idewalk, 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 t he purpose of amplifying the sound or increasing the volume
of human vo ice , musical tone , vibration or sound 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 w ith normal or usual traffic
regulations or controls ; or
2 . Any commercial or noncommercial organized assemblage of 50 o r 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;
Nov. 19, 2019 Item #15 Page 26 of 175
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 format ions, parades , processions , public assemb lies , demonstrations and activities
for which the principal purpose is express ive activity are not included in this definition .
"Special event permit" means a permit as required by this chapter.
"Spontaneous demonstration" is an event occasioned by news or affairs coming into public knowledge less
than 4 8 hours prior to such event.
"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.
8.17.030 Permit required.
No person shall engage in or conduct any special 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. Spontaneous demonstration, consisting of 50 or less persons, that do not involve the use of vehicles,
animals, fireworks, pyrotechnics or equipment (other than sound equipment), provided that:
1. No fee or donation is charged or required as a condition of participation in or attendance at such
demonstration; and
2. The chief of police is notified at least 36 hours in advance of the commencement of the
demonstration; or
G§.. Lawful picketing ; or
nc. Funeral processions by a licensed mortuary; or
€Q. 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 ensu re 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 .
Nov. 19, 2019 Item #15 Page 27 of 175
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 reac t to current eve nts , w hich
shall prov id e a m inimum 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 :
. 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 ,
m. Assembly or production areas,
n. Electrical sources and connections ,
o. Fuel storage,
Nov. 19, 2019 Item #15 Page 28 of 175
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. l nflatable(s),
aa . Animals and animal rides ,
bb. Carnival rides,
EXHIBIT 2
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 ;
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 ampl ification equipment , or other attention-
getting devices to be used in connection with the special event.
D. A pplica t ions fo r sp ec ial event permits fo r sponta ne ous demonstra ti on hel o to react to current events
shall provide t he info rmation in su bs ections (C)(1 ), (C)(7), (C)(1 1) and (C)(18) of this sectio n on ly.
€.Q. 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 .07 0 Fee s .
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 .
Nov. 19, 2019 Item #15 Page 29 of 175
EXHIBIT 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 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 othe r 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.
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 $pecial 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, prometef.-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 .
Nov. 19, 2019 Item #15 Page 30 of 175
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 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 immed iately 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 tour 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 .
8.1 7 .120 Notific atio n.
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 pe rmit; 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 mo re 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 recreat ion 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 t he lim ited scope and comple x ity of the event
Nov. 19, 2019 Item #15 Page 31 of 175
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 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 .
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.
Nov. 19, 2019 Item #15 Page 32 of 175
EXHIBIT2
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.
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 .
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.
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 special 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 ;
Nov. 19, 2019 Item #15 Page 33 of 175
EXHIBIT 2
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;
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 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 -SJ}eeial event o rganizer or a designated representative
for event coordination and management purposes who shall carry the special event permit upon his
or her pe rson 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.
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 ;
Nov. 19, 2019 Item #15 Page 34 of 175
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.
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 h_ave 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.
Nov. 19, 2019 Item #15 Page 35 of 175
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
Chapte r 8.18
EXPRESSIVE ACTIVITY
Purpose and intent.
Definitions
Permit Reguired
Application
Permit approval or denial
Administrative regulations.
Violations
Severability
Purpose and intent.
EXHIBIT 2
Estab li sh a streamlined permitting process for expressive activ ities that balances the public 's right
to engage in such activities with the city 's substantia l interests in ensuring the public 's peace ,
health , and safety and managing competing uses of city faci lities by the pub lic .
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 fo r the purposes of expressive activity .
"Event organizer" mea ns any person who conducts , manages , promotes, organizes , aids or
solicits attendance at an expressive activity even t.
"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 chapte r.
"Parade " means any march , p ro cession or motorcade consisting of persons , vehicles or a
combination thereof , upon any street , sidewalk , pub lic park , or other public area within the city .
"Police chief' means the chief of police or authori zed 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 ci ty .
"Sidewalk " means any area o r way set aside o r open to the general publi c for purposes of
pedestrian travel, whether or not it is pave d .
Nov. 19, 2019 Item #15 Page 36 of 175
EXHIBIT 2
"Sound-amplifying system '' means any system , apparatus . equipment device , instrument or
machine designed for or intended to be used for the pu rpose of amp lifying the sound or
increasing the vo lume 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 seven days prior to the act ivity .
"Street" means any p lace 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 activ ity 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, time, 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 .
3. An estimate of the number of persons who will be participating in the event.
4. If the event requires full or partial street or sidewalk closures, the applicant shall
describe whether the event intends to occupy all or only a portion of the streets and/or
sidewalks proposed to be traveled .
5. Whether the event will involve the use of vehicles . animals , fireworks , pyrotechnics
or a sound -amplifying system .
C. The application shall be filed no later than two days before commencement of the event.
D. The city manager may waive any of the permit application requirements where
circumstances make it impractical or unnecessary to meet those requirements .
Nov. 19, 2019 Item #15 Page 37 of 175
EXHIBIT 2
8.18.050 Permit approval or denial.
A The city manager sha ll act on all complete appl ications in the following manner :
1. In determining whether to approve or deny a permit under section 8.18 .050(A)(2),
or to impose conditions on a permit under section 8.18 .050(A)(3), the city manager shall
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.
2. After review of the appl ication and receipt of all required documents , the city
ma nager sha ll issue the expressive activ ity event permit un less the city manager finds that
approving the permit wou ld be contrary to the pub lic peace , hea lth, safety , or welfare for
one or mo re of the fo ll owing reasons :
a. The event will undu ly 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 mod ify the event's scope, location , date , time , or
duration to minimize such impact;
c . Due sole ly 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 .
3. The city manager may impose condit ions on approval of the expressive activity
event permit as he or she determines to be reasonably neces sary to protect the pub lic
peace , hea lth , safety , or welfare .
4 . The city manager wil l act promptly on a time ly fi led a nd complete application . The
c ity 's review of a complete app lication shal l take no longer than 72 hours and the city
manager w il l make a determination not less than one cale ndar day prior to the event. Any
pe rmit 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 cle rk 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 Cal ifornia Code of Civil
Procedure Section 1094 .8.
8.18.060 Ad ministrative regulations.
The city manager may adopt administrative regulatio ns that are consistent with and that further the
terms and requirements set forth w ithin this Chapter . All such administrative regulat ions must be in
wr iting .
Nov. 19, 2019 Item #15 Page 38 of 175
EXHIBIT 2
8.18.070 Violations.
Conducting or participat ing in an unpermitted event fo r wh ich a permit is required by th is chapter,
where the person knows a permit has not been granted . wi ll constitute an infraction and shal l 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 he ld 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 , subsect ions ,
sentences, clauses or phrases are declared inva lid or unco nstituti ona l.
Nov. 19, 2019 Item #15 Page 39 of 175
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 3
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.
"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.
Nov. 19, 2019 Item #15 Page 40 of 175
EXHIBIT 3
"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 hoUFsseven days 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{£}, time{£}, 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.
3. An estimate of the number of persons who will be participating in the event .
Nov. 19, 2019 Item #15 Page 41 of 175
C.
EXHIBIT 3
4. If the event requires full or partial street or sidewalk closures, the applicant shall
describe whether the event intends to occupy all or only a portion of the streets and/or
sidewalks proposed to be traveled. provide the following information:
a. Whether the event intends to occupy all or only a portion of the streets and/or
5+dewalks 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),
-n-am+ng the City of Carlsbad as an additional insured, and •,•,.<ith 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 cit', manager in an 1f 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 e•,ent to
f€-Sf)Ot1d 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 1Nhatsoever arising out of, or resulting from, the
alleged acts or omissions of permittee, its officers, agents or employ•ees in
connection with the permitted event.
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 replacement
or repair cost of the destroyed or damaged property.
~-9 . The application shall be filed no later than two days before commencement of the event.
D€. The city manager may waive any of the permit application requirements where
circumstances make it impractical or unnecessary to meet those requirements.
Nov. 19, 2019 Item #15 Page 42 of 175
EXHIBIT 3
8.18.050 Permit approval or denial.
A. The city manager shall act on all complete applications in the following manner:
1. In determining whether to approve or deny a permit under section
8.18.0S0(A)(2), or to impose conditions on a permit under section 8.18 .0S0(A)(3), the
city manager shall 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.
-h_2_. _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.
3J. 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 iR1posing such conditions, the cit1; manager may not
consider the message of the e¥ent, 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 con¥eyed by the event.
4-J . The city manager will act promptly on a timely filed and complete application;
The city's review of a complete app l ication shall take no longer than 72 hours and the
city manager .afl-9-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
Nov. 19, 2019 Item #15 Page 43 of 175
EXHIBIT 3
police chief. The city council will act upon the appeal at the next regularly scheduled
meeting following receipt of the notice ofappeal, 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.
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.
Nov. 19, 2019 Item #15 Page 44 of 175
EXHIBIT 4
Expressive Activity Event Permitting Process
An expressive activity event permit would remain 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.
Permit application requirements would be limited to:
• 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,
• whether the event involves full or partial street closures, and
• whether the event will involve the use of vehicles, animals, fireworks, pyrotechnics or a
sound-amplifying system.
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. The city may waive any permit application
requirements where circumstances make it impractical or unnecessary to meet those
requirements. 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. In response to a complete 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. The city's
application review will also take no longer than three days .
Expressive Activity Event Permit Exceptions
An expressive activity event permit is not required for:
• A gathering of any size on a street or sidewalk where traffic laws are followed;
• A gathering of less than 75 persons at a public park or other public area; and
• A gathering of 75 or more persons for a "spontaneous demonstration".
A "spontaneous demonstration" is an expressive activity prompted by news or affairs coming
into public knowledge less than seven days prior to the activity. For groups of 75 or more, the
event organizer must provide four hours' notice of their contact information, the event date,
time and location(s), and an estimated number of event participants.
Nov. 19, 2019 Item #15 Page 45 of 175
EXHIBIT 5
Nov. 19, 2019 Item #15 Page 46 of 175
CA Review A-, f'-
0 CITY COUNCIL
· Staff Report
Meeting Date:
To:
From:
Staff Contact:
Subject:
May 14, 20-19
Mayor and City Council
Scott Chadwick, City Manager
Amanda Guy, Deputy City Attorney
amanda.g uy@ca rl sba d ca .go v or 760-434-2891
Neil Gallucci, Police Chief
neil.gallucci@ca rl sbadca .gov or 760-931-2130
Kyle Lancaster, Interim Parks & Recreation Director
kyle .lancaster@ca rl sbadca .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, collnter-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.
Nov. 19, 2019 Item #15 Page 47 of 175
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
red line/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).
Nov. 19, 2019 Item #15 Page 48 of 175
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 .
Nov. 19, 2019 Item #15 Page 49 of 175
Applicant must obtain own
insurance
Park use fee charged
.... ---_ .. ....,.._ ... ~. ·---~ ~ -. __,_ ---.. -· .
Applicant reimburses city for police
and emergency response costs
Neighbor notification required
Indemnification required with
~~
Yes
Yes
Yes
Yes
Yes
(*) -Change made subsequent to Jan. 30, 2019 public meeting.
75-Person Permitting Threshold
Yes, if required
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 beca1,1se 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.
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 . ·
Nov. 19, 2019 Item #15 Page 51 of 175
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
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 competin_g 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).
Nov. 19, 2019 Item #15 Page 52 of 175
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 on line 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 on line 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 ordin_ance 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.
Nov. 19, 2019 Item #15 Page 53 of 175
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.
Environmen t al Evalua t ion (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 red line/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 on line questionnaire responses
Nov. 19, 2019 Item #15 Page 54 of 175
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 s.uch 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 of the 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
Nov. 19, 2019 Item #15 Page 55 of 175
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 fo~ permitting specia l events within the city, to protect the rights and
Nov. 19, 2019 Item #15 Page 56 of 175
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
min i mize 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 person to whom a special events permit has been issued.
"Person" means any person, firm, partnership, association, corporation, company or
organization of any kind.
Nov. 19, 2019 Item #15 Page 57 of 175
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 sound 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 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 arid 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.
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8.17.030 Permit required.
No person shall engage in or conduct any special 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 nqtifies the city of their intent to not hold the event
or no ;:ipplication 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 r ecommendation
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
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_ waived by the parks and recreation director upon written finding that the limited scope of th_e
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,
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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 medi.cal services;
15. The number, type and location of sanitation facilities;
16. Provisions for recycling per Public Resources Code Sections 42648 through
42648.7;
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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 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.
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.
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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 voluntee r s 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 arteria l that will be closed as
a result of the special event;
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3. Shall be posted a maximum of 15 days and a minimum of 10 days prior t6 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
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 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:
l. 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 pijrties.
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
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the special event sponsor t6 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 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
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.
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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 assembiy 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 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.
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.
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 .
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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 special 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;
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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 ofthe 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.
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B. Vio l ations 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 emergen·cy 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.
Nov. 19, 2019 Item #15 Page 69 of 175
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
Pe r mit 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.
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"Sidewalk" means any area or way set aside or open to the general public for purposes of
pedestrian travel, whether or not itis 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.
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EXHIBIT 1
3. An estimate ofthe number of persons who will 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 replacement
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.
Nov. 19, 2019 Item #15 Page 72 of 175
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.
Nov. 19, 2019 Item #15 Page 73 of 175
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.
Nov. 19, 2019 Item #15 Page 74 of 175
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:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
BARBARA ENGLESON, City Clerk
(SEAL)
Nov. 19, 2019 Item #15 Page 75 of 175
EXHIBIT 2
"Demonstration " means any formation, procession or assembly of 50 or more persons w hich, for the
purposes of expressive activity_,_,4&;
1. To assemble or tra vel in unis on on any street in a manne r tha t does not comply with normal
traffic regula tions or controls; or
2. To ga the r at a publ ic pa rk or other pub lic area .
"Event" me an s a includes special event or a demonstration.
"Event organize rpromoter" 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 fo r which no fee or donation is _.9,0:9r,9 ed or required as a cond it ion of
participa t ion in or att en dance at such activity. ltExpress ive acti Vffy;:llicludes , but is not limi ted to, public
oratory and distribution of literature. ./f)/W'
. • .. , · .. ✓-~-<'-·.•,.,:~,
"Major event" means a special event that requires a traffic icf6tr'6f::~i~r:J for three or more intersections of ',, ·Y.I" •• " , ~. '" '•
any street or requires a traffic control plan for a secon'a'afy artenlii'JXmajor arterial or a prime arterial. ,-!.:·({/;,.:. . •:.:~~;,~~·:~~-,
"Minor event" means a special event that does not,.rMw e a traffic corit tot Rlan or that requires a traffic
control plan for two or fewer intersections al')_c;(9.p&s not involve a secMglry arterial, major arterial or
a prime arterial. \\/:>,. . ·•::~lh:.
"Para de" mea ns an y march. proce ss ion o r motorcade:f::tonsisting ~.of: persons. veh1tle.s or a co mb ination
there of, up on any street, sidewalk: publi c pa rk, or 6lh~r.;pub(i'.2:~Efi-ea within the c1W;~}':-.
,·,:.-:,:,~~;:,, "•:~::~-:•7-~--~iV.·c/',; v.,,:."~ ·
"Parks and recreation director" means tt:jif director of parks a'iicl!re6'reation or authorized aesignee . \:~~~~;:::::·~?'.::~;}•;-. ··~2'.{f~,;.: .
"Permittee" means a person to whom a s·p_~tiaF~%Qt~ permit has;,:q~~n issued.
·•;:~❖~:~ ·..'/:!-/ !.,.i ··,~ti:::~.--
" Person " means any person, firm , partners q.!P.1 assbo,L~ti.9 {1 1 corporat1 i?.nJ company or organization of any
ki nd · .,,,:#ffi~ttk-.-. ·:rt}\_ •-;~).{N]Jt':{<1 . ·-:;ftQ;!r
"Police chief' means th t ):P~-l~ft,f:p gJ)J;;s! or author.i ~e..d d}~~igriee1,,y{((,:.:, .,,,._,
. ,' •. ?,,t:,V.;,' -:-;...,,.-:~::;·::, ~❖;❖, .r.-"/,.·-❖·v· -•(-'.'/:/:"",t-,:i:
"Private property perrri1 t\ii,~ans a m f~:i}f;.event ad mi'f\is,it~t ive perm lFis'$U ed by the community and economic
development dire ~m:r;~.8{ a fund{g~ held enti'f~Jy1:p n private property that does not require a use of
public property in a 'fnifuJJ.~r wpl_~!\·:i.ia;t l?acts or<r~ttricts the public's normal or typical use of such
prope~y;~y-fq~w_~..:,P Ot co rn~fi t '4l}!if;i ne:;n~frn.~J-.or usV~\yaffic regulations or controls or that require the
pr~xi,~l g r(cif 'ext r~9 rtUn.~ry dtW\l ~tv ices a iic(~f.~,m ~r~fcire not governed by this chapter.
"Pub iicdi~~'~rnb ly" meari';t~b&,.meetiW~;}pj c ket lin~:·s@i~}or gathe ring of any k in d that oc cupies any street,
s ide.w/Eilk, public park. "of ot her pubfi &::area with in the ci ty.
--.. :·:•~~ :-. -~❖·;?7 : -~-~:~:,..:-:❖~ .
"Sidewalk" m~~-~~-a~y _area or w~flet aside:~t 9 pen to the general public for purposes of pedestrian travel,
whether c:'>r'-r'.1 0,t.1t 1s paved. (;::?,} '?:-·
··-:· -~-. . .... ,~ ... -
"Sound-amplifying '.'~Y$tem " mean ~f ~h Y system, apparatus, equipment, device, instrument or machine
designed for orTnt~tlded to b,~;I/sed for the purpose of amplifying the sound or increasing the volume
of human voice , riiH~lc al to r:i~'.:fvi'bration or sound wave. --~> ... >'<· "..[::. ~1'~~-:;,-~5
"Special event" means: \.~::·41p··
1. Any organized for~:;tion, 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 , st reet , 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;
Nov. 19, 2019 Item #15 Page 77 of 175
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 . Organ ized formatio ns, parades , pro cessio ns , pu bli c a ssemblies , demonst ra ti o ns and activit ies
fo r whic h t he principa l pu rpose is ex press ive activ ity a re not in cl uded in th is d efi ni t ion .
"Special event permit" means a permit as requ ired by this chapter.
"Spon tane o us de mo nstra tion " is an ev ent occasioned by ne ws or affai rs co m in g into pub lic k no wledge less
th an 48 hou rs prior to su c h eve nt.
"Street'' means any place or way set aside or open to the general P,\.!blic for purposes of vehicular traffic,
including but not limited to any berm or shoulder, parkway 1;p:ii_~[jc parking lot, right-of-way, alley or
median . ;!(tiff(,
8.17.030 Permit required . •.·• ·,::;::· ··"\~:;,,
No person shall engage in or conduct any special eve1;1f urfless· a spedaiJxElnt permit is issued by the city
manager or authorized designee. ..;fF;,t// \':,t,.,
8.17 .040 Exceptions to special event perm::~f il!i:ement , , .. ,. . •>';<:i~l .. _:·.,~.:;·.: .. •.·.:-· .,
A special event permit is not required for any of the foli6Wi rtg : . ,}\f: ... -..
A. Any organized activity within the ssi~~~i Rf.a condition;tJii.:~~f~it, other land use'.i#B~oval or a private
property permit given or required f0 t~iffa!J1J~.; or ·::,);}:.
·::{:;~~~ ·--.. t~:>~<:~;. . -~;::.:~--::~·-
B. Spontaneous demonstration , co ns isti i:j:tf::pf5t Q~"t::lg ?s pers on's.; ;1:h.~t do not invo lve the use of veh icles ,
animals , fi reworks , pyrotech nics o r e q i1j~'(ti ent'(@t~:s't~.t~.an so uii·~~:~q.\.Ji pment), pro vi ded th at:
r ~--.>;··,.. ~-i-f;~.. ·-~:",:'.':.:,:~,;~;-~-.,. ·:-.. :~::.•:.;;:;. __
1. No fe e or d o nt;1t fw :i~:'.RR@xged or re qu:(F;9 d as a.@Yl'.o)Jfqn of pa ffi,t;i pat ion in or atte ndanc e at s uch
demonstra ~jp,J,}}~f§'.k(f ,-,-:-:,qJ~3:,:. ·~'.f~\ .:.:,:=¥Wf. -:"::,$M\;.,. · :
2 . The ch ie f ·bf~'~p lj ce is n~¾:h~d at lea~'t:=@~i tiburs in a~i.~fhce of the commenceme nt of the
G!! Lawfu~;,~;;;;;;·~'(tf~)\'.2Jl:i\fJ'.'i;c; \\\,
g _g_. Funerafp r&ess ions;by a license d mortuaty!:~or . ··,;:;// .r::~?X<t>..: ··_:,:;);,~,.;~;!-;~:,~ -~:~.-:::·:~··: -?-;i:::~:::-->.• ...... _.,.,
€.Q . A{tl v ities conducteif 6Sta .govehffiient agency"acfifrg within the scope of its authority.
\ti~ll:,, '\trf I\: ·-~t;t}It.; ..
8.17.050 ·>~P.E:,~ial events coftl!lJ ittee. ·-::?Jt
A. The spedal :~~✓--y~nts committ~fashall be!°-fomprised of the assistant city manager, community and
economic dey,~l.9.pment direptQ.r, transportation director, fire chief, police chief, housing and
neighborhood ~g,:Y:j!,:;~S direcf6 fi:\parks and recreation director and risk manager or their designated
representatives . i'Hi'.!8~rk~,:4@;'recreation director will cha ir the comm ittee.
B. The special events ;JR:ir.filtlli1f is charged with reviewing and providing recommendations to the city
manager regarding the ·a'p 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 spec ial 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.
Nov. 19, 2019 Item #15 Page 78 of 175
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, .,_ :;\:/> :~ ::i::~~•~~~ animal rides , ,A ~ :i;:w;t \
bb . Carnival rides, .i:'1~/: ·:.:··.:·.:
,,,.!-"J.•/,'~~:::(r' ',:':.<·/'.:•.,
cc . Location to accommodate individq~lfdesiring to express dp\ni9_ns not consistent with the
purpose or intent of the event, anB'{~/;,:-· \\t
dd. Other similar information that will descrJ~~J he corr.ip:9r ents of the :·~v$11.t ;
·~;-,E,.~·,:;r;-:-. ,,,~<~:/.%'6 ' ·J~•'••t•~::,.
10. The location and description _}::iJgll off-site signs;{tiM,r;t~fs;& attention gettinf{~;E}vices;
.-::;~: 1· -~~:~.(.,.:-•11~-;:~~-::::;-!-;}--· • ·,,
11 . A_detailed traffic control pl~ri•:0;q_PJJ pr,,~ major ev·e~~~~bd parking ma_nagement plan! consistent
with standards set forth 1n tn~;:~at1 ~!}<ij _,~anual orr{Yn!:form Traffic Control Devices or the
California Supplement to the Na'tfqhal Mc':(~u-91 . .on Uniforrn::;E~~ffic Control Devices for all streets,
sidewalks and pa~k,i.o g lots which th'e,~pedi(N~qtwill irr;-p~[t:QY restricting the public's normal,
typical or cus~gui!~f:JR:~:~J ~ereof; "\£ ,. ,' l),}(,f ,;._ ··,tt#
12. The approx:i i:ti~}~~iiumHe(q'f:.participanlsf sp~~Wi6 rs ,"'ahi@ ~1_s and vehicles; ,._~~~$t;j, · ~:;~:::;~r~ ·~;.~,<:::,,;·•;:~:~-.;,,,... ~-,.>:: :~:>·
13. The number 1~f{.p~_rsons p~6-gpsed or reiq -~Jf.~'tl to monitor or facilitate the special event and to
provide spectator;::~r:.particif ~);lt, control ariq .qjrection for events using city streets, sidewalks, or
~~~i!J!IJ:L .~,~, ,. ··-::q\Jtit}f{ft;f:t.J.,:::::-.. '<?!t:.;
14 ... ,;:P;tqVisicirisJq6fir.st aid:~tj:~{~mergeh'cy.:rrr~gical ,~ervices;
1 s?{dh"e numbe ;, ·tt'Si:~nd 16J~to.1J. of sanit;t/M'.ltacilities; --~-:~tt/:•... ··t;-,~-!;\.~ ·-::.~t ?-:.~~--
16. '~R:rQyisions for recycling per PQ~,1,ic .Resources Code Sections 42648 through 42648.7;
17. P:61Igl[?.Q prevention\~\$9[l1Plia ~t~~ith city's municipal National Pollutant Discharge Elimination
Systeqf}'p~rmit, city or9J:n,ances arfa the city "Jurisdictional Urban Runoff Management Plan
(JURMP)''·;· :::./;.
; +~_-:-:-:,).:-, .{/·)~ .
18 . A descriptidtf :ot any r~p9tding equipment, sound amplification equipment, or other attention-
getting devicJi{q:;_Q~;:Qi~H in connection with the special event. ·
D. Applications for speci~f :~_;fJ'fK permits for .spontaneous demonstration held to react to current events
shall provide the informatfon in subsections (C)(1 ), .(C)(7), (C)(11) and (C)(18) of this section only~
eQ_. 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.
Nov. 19, 2019 Item #15 Page 80 of 175
EXHIBIT 2
8 . 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~,@:>.plication that includes third party
vendors . The amount of the additional fee shall be establishe'd)by resolution of the city council and
shall be based on whether the application is for a major or:ffifhWf event. ff ft}f f 'Jttt,:.
8.17 .080 Police protection and othe r emergency l?ervrees . ·. :\
A. The police chief will determine whether and to what ex tent additio'n'al ipolice protection, civilian traffic
control personnel, private security and volur:,t~~f itaff are reasonabl }'r:il=!cessary to ensure traffic
control and public safety for the special evei)t)i::he police chief will baie'.Jh_i.s decision on the size,
location, duration, time and date of the spedaf .~yerit, the .. e~pected sale/~r. service of alcoholic
beverages, the number of streets and intersectioiisJ >J9cketj :qf(from use by tile])M~lic, and the need
to detour or preempt pedestrian ap q_;y_i;t ~icular travei l rt\!'!},J!jf µse of public streets\fact sidewalks. The
police chief shall provide, if police pf9t~:itJ 8A and/or otherl~~·rgency and safety services or equipment
is deemed necessary for the special'.~ye n((?,:n .estimate ortn·~-;9ost of extraordinary city services and
equipment required in writing. The appl(tpntWfff:bJ~. billed fo t>~~'ryices after the event.
·•:.-;,t'.;,_:.~ ;.·:.,f:.:~::.::::--;,. ·,:\);~";;..
8 . When the police chief..is. petermining ','.f he size ··ot:the , .. event a6o ·the security needed to protect
participants and Sp!;!,¢.t~ttkih ~e. estimate)b,ased UR c{,t t~~$cgo ably kq own information, of participants
shall be determi~~{[~Jf-the 'nu.r.ri:~~rs of per~.9h,S -~!(~ndlngYni ~~ponse to an event, to heckle, protest
or oppose the sp·01i_~9.t s viewpbl !'if ~hall not o~;'.stMs idered in tlie 'cost of providing police protection .
-''"t>c _ (:W '\\\
8.17 .090 .Rel e,ase and i.ri d~mni fi~at'id.n ' requirerrt eht.
Permittee;,~~ij?§~s'Kt~:l w.~1xe an if-:r~](as e 'fmt ):ify,:,9.f c'~l !'.~bad and its officers, agents, employees and
volunteyf $ff.rdm and agai.t!:~!i.ijf!Y artd '~)J,.9laims , cdst~.Ji!=l_bilities, expenses or judgments including attorney's
fees ah~W ourt costs arisi ri 'g\Q_ut of 'fnf ,j9 ctivities ofthis special event or any illness or injury resulting
therefrom'i J(n~ hereby agree to\9!;lemn fff~b d_ hold harmless the City of Carlsbad from and against any and
all such _claim$_,\v.hether causeif by.,negligeh:c~ ~r otherwise, except for illness and injury resulting directly
from gross neglifi~r:ife or willful rii(~?~mduct off the part of the city or its employees.
·--:~(:·::::;:~~-·; ·~f·~\ --~~r~~:t~---_t(>%
8.17 .100 lnsura nt'i:{i'.equ iremenis.
Whenever a special ev~ri{\h1c_l4A fnTu':b ut not limited to exhibits, fairs, athletic events , trade shows, concerts ,
or conventions, requires a p~/ful(uhder the provisions of this code, the sponsor, promoter event o rg aniz er
or person conducting the spec@ 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 requi red 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 c ity. ·
Nov. 19, 2019 Item #15 Page 81 of 175
EXHIBIT 2
8.17.1 10 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 wi t h 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 1 O days prior to the scheduled closure ;
and ·
4. Shall be removed within two days following the conc lusio _1rof_the event.
B. The permittee may post a maximum of eight signs that pro_n:{b{;'f he event at locations approved by
the city manager. Event promotion signs shall meet the J91J9W!t19 conditions :
1. The event promotion sign(s) shall not exceed 16Jtt~:lt?~t.tn sign area ;
2. Shall not be posted more than 16 days prio r,)9,;th t ~vent; ;J~}\,-,
-3. Shall be removed immediately but in no ~y~_6tJi'hore than two diy~Jgllowing the event.
C. The permittee shall post traffic control and/ofdffi6tional signs the day ~P8'~ys_ of the special event as
required by the permit. Traffic control and/or d1f~9liJ?flal signs ~ball meet tti-~t~!l.o_wing conditions :
1. The location of all traffic control and/or diribJiO!lal .-$.)~rl~ shall requi ~i ipproval of the city
manager; and <{iI'.l-·::;::,;,._ ':'.';{:X(:t'·· ··:.:,:'
2. Traffic control and/or directio ifiiF:§lg:iJ$\~ball not be po~tEld more than four hours prior to the start
of the special event and shall H~l ~ri'ibii,$9i :!JH t more tli'~if1,9.ur hours after the conclusion of the
special event. Any sign(s) left ou t i~fter fcili f:l').8~.f:~ .. may be {1h1.?ved by city staff and disposed of
w ithout compensation .t o event org·an izer. ~:i:):; ·; . r·'·f.-~-=?~-l~;:;,: ... {~'/;:.._ ·~>\!::, .-·~~~;;~: ... >.'.<·-:\>--~-··~\::~~::•
D. The permittee fo u:t~i:!~cia Peye.r:i.t pe rmit m~y;,pos t::~i_gY1s at)~_';p~nners during the special event at the
special event ve iiyf{ ·•::: ::i·:., ·,\j}{f{? ·".?(@);,
1. All venue sig n($))}11~h more:t?i;ln 1_6 squa i'~!i:~~ of sign area or signs that are more than four feet
above ground level :shall be;1 dentified on tne,:s1te plan.
2. -~~dW'V~itr~:sJgns ;~~19f 1J~1,';M;t~tfa!l)?e l~~hhan 50 square feet of sign area .
. l/!•§~:~f;,:J. -.... ' ~~ >;:~~✓,;};:-·::,:.;,·:•-• <:'P.\<._., . ·-.._,:f:,;_•.=$~: ,· ·::./!/ .
E. ~1Slt~tating "no-·paf~i_r:~/tow ·a~,,t' shall be 'pqB,t7_9 72 hours in advance of the event start time .
8.1 7 .1 2::ift;;;~Ngtification :·::~~i/? : . ,._?)\:.:..c · --..
A The appl ic~ht for: ,,a• ·•::ft
1. A firs t'tii½'.e-.major event;),}
.,,·~_,:( j,, -,.,,~.~;o-
2. A maj or eile'n t_J ~at has 99'.fbeen held for mo re than two years;
3. A first time e~J'fit':~tc;1::i1\f1~cility that is not authorized by facility use permit; or
4 . An event at a cit /~~'~ffi& that is not authorized by facility use permit and tha t 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 even t 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 t he 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 t he message or viewpoint of the event sponsor shall not be
considered . The parks and recreat ion director may waive the minimum 80-day t ime 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 complexi ty of t he event
Nov. 19, 2019 Item #15 Page 82 of 175
EXHIBIT 2
when considering the application criteria , there w ill 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 distri bution 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 . A ll applicants for a special event permit shall notify via the United States Postal Service or by di rect
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 wi t h information concerning the event and i nformation on how to con tact the
applicant and the special events committee before and after t~.!t$yent.
.;,~ ".::.: .. ~, '·t-'~itit~~f ~~-~
8.17 .130 Reasons for denial of a special even t permi k l,}1:;_f},
A. The city manager may only deny a special event pe_r;tfo.V,to "i f~Rplica nt when any of the following
applies: ,.:-·\.,. ·t/ . ·<, (_
1. The application for the permit (including ?.nfJNi~hments) is ~6fJ µIJy completed and executed .
2. The application for the permit contains i~l{Jf~rial falsehood or mi~r~p r~sentation .
3 . The applicant has failed to conduct a p;J&/J~~ly authorized event in '·Jtt:_6_r:dance with law or the
terms of a permit, or both. _____ ···\i['.f~}\:.. .:J~~!J;:, ··:-_:\\r.
4 . The use or activity would co!'lflict_w)th previousl f P.1$1\n~dprograms organized /and conducted by
the city and previously sched1fed f6t::t he same pl ace)fi'~d time.
·<:::.~'.;_·;. ·,_,'\ .• :::\:~, '",{:~•i,1\
5. A fully executed prior app licatio'~}<;>r'ln~Jt~me time a n~Jptc3.ce has been received and a permit
has been or is likely to be grant~cf ~!Jth6r1z iog ,:\:l ses or actiy iti~s which do not reasonably permit
multiple occupar;:icyutthe particular'~ite or parfthereof. -:::,,. } /._.:f.>:f--~~t::~(~?fk, ~. , :~ ·:?;'., ~✓-~1~::.f-i::1~~ :~~-: .. -. ~~'.f -~:~
6 . The applica,oJ [h?is '•iiof :Ro mp lied or ca n):1ot .c~ip ply ·w_i}h'; applica ble f ederal, state or local laws,
regulations~t1[1i~ances Ort;~i.o/ council -:p,9:!!eljl" .. •,:::r;-c·
7 . The applica n'i:?#,~.t not tE{g!ered the i ~_gy,jred application , indemnification _ agreement and
endorsement(s); i 6~4 rancEf i;;~f:l:j fii;;,9te , or se'iiitity deposit for police and emergency services and
.. tiWPiit~rtJ~~iJ:~i n tM~:ii m.f }$'t~t~tr.{§'.t~~:•i:v, -,?~i?:\
8. jtfl;fre applica'nftj~s,. not ph;i}/;l,/:!~d for thif 's~tyj§,e,_s·of a required number of police officers, fire and/or
~'}?/'i2aramedic pe r'sgn r:i~I. priv~fa :_security, 'd vlfian t raffic controllers or event volunteers/staff to
?~h,t5_ure the safety of}he evehtJ~},
·-:~:;.\,':-. . ·-·'.:i . ·• ·--c:~::'.:,.-:-.
9 . Tft~),mplicant has no r p r9vided~'~:~~quate sanitati on and other required health facilities on or
adjat~f\H9 any public ·a:s~_f;,mbly at~~-
10. The ap 6''111~·9t has not ~t~'.yJded sufficient off-site parking or shuttle service, or both, required to
min im ize a'hy;Mverse irfftx~cts on public parking and traffic circulation in the vicinity of the special
event. ·· · :,t/:/:A~{J
11. The applican t haMigfbbtained the approval of any other public agency withi n whose jurisdiction
the special event or ·port ion thereof w i ll 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.
Nov. 19, 2019 Item #15 Page 83 of 175
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 . ,·.
,.{·:i~f:')
8.17.140 Notice of denial of application. -;e,,;'.[}}f'
The city manager will act promptly upon a timely filed applici:1tloa:'f9J;ij special event permit and will make
a determination not less than 28 calendar days prior to thef e;J ~'ri"t. Th~~applicant will be notified within two
working days of said determination . . · · . ·°.f:{}:
If the city manager does not act on a special event appjj~a'tl on at least 28'.{~i¢ndar days prior to the event,
the application shall be deemed denied. · ·· ' ·'
8.17.150 Alternatives to permit application .. ·. )\:-.. _:;;{),. '\/:\t ..
The city manager, in denying an applicafion,for a speci~f"~V.$r{ff~·$rm it, may authori;f t~'e conduct of the
special event at a date, time , location, df-rt:i3.Wi .9 1fferent from fK~(tl~med by the applicant and shall propose
alternative measures, which would cure if(,_y deif~¢.t $ in the applic~{ion. An applicant desiring to accept the
modifications to the application will, within '\fiy,~ d~y~)i~~-r notice 'Bt''t.bE! action of the city manager, file a
written notice of acceptance _w)th the city ma'ii~g,er. -~/<t\'(;, '•:;}., ;: '
8.17 .1 so Appeal proc·~;·~;;!'.}Jt:ht,. '\i:· i · .. _.,:}•;::i;:i!?fkt~iltt,t:> .: -•
A Any applicant has th~ rjght to a1¥S~1 the deni~-1 of°lspecial evenf permit to the city council. The denied
applicant must mak~:Jhv~ •. appeaH:Within five da~f :atter receipt of the denial by filing a written notice
with the _.c;!t Y.,c::terk and fi::,Q°QPY;.;-9l )6K ~qtic:;e witli't½e. police chief. The city council will act upon the
a~pi,~J.~t}~f6~~.Y~:~ular1y;l 2!fflllled m'i¥~~\~.~-f.o116 ~[gg receipt of the notice of appeal, which decision
~!'JJ~0;:final. · •i:,f};\1.,._ '-2::\tt.... · :;:-) .. ."ii ---
B. l ri'ltil-~vent that the dtf gg_Linc f&i~,i~s an applicant's appeal, the applicant shall be afforded prompt
judiciaJJ ~view of that de"6i~)~n as prbyid~d by California Code of Civil Procedure Section 1094.a .
·•:?fo ~;-· ''\J\ > < :<'
8.17 .170 Ncili~~-tp city and o'f~·~,r officials. ·
Immediately upon th ~)~.~uance of a,slt~cial event permit , the parks and recreation director will send a notice
thereof to the city m'aq~g ~r. th~/chi attorney, the police chief, the fire chief, the utilities director, the ·
community and econom1ttjevtflpp,trient director, and the manager or responsible head of each public
·transportation utility, the reg~r~f fou tes 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;
Nov. 19, 2019 Item #15 Page 84 of 175
Sections:
8 .18 .010
8 .18 .02 0
8 .18 .03 0
8 .18.040
8 .18 .050
8 .18.060
Purp ose and i ntent.
Defin it ions
Pe rm it Re qu ired
Application
Chapte r 8 .18
EXPRESSIVE ACTIVITY
Permit a pproval or denial
Admini strative regulation s . ,,,-;\
d~ti~(;'
.··.-i\?;::<:
8 .18.070 Violations
8 .18 .080 Se verability
8 .18 .010 Purpose and intent.
; .. '.~;., .','
-':•:: .. ~::"_~ ...
EXHIBIT 2
,: .. ·:,· <:i::t'.'
Establish a streamlined perm ittin g process for exp res~hie ac tivities that bal ai'i'ce s the public's righ t to
engage in such act ivi t ies with t he cit y's substantia i'fri.terests in ensuring the pu .bl@s . p~ace , healt h. and
safety an d mana ging competing us es of ci t y faci lities b\d~e p ublic:<>· 'c,~::-'.: ...
. • ;;,:·.•,.. .<·'·'•:-0.• ;''· {{}_:: .. _·'.-'
. :<:·.. . . '":\i;{_<_·.;;_,_,:_·;_: __ ,_·::_:_._·}? '
8 .18 .020 Defin itions . :.f{~~[::t:.{t;:b:;\: . · . if[\.
Except where t he context ot herwise reguir~~'Jtor th~:·d&r poses of t~i~;:'b napter, Cha pte r 8.18 et seq., t he
following definitions appl~::::U:H'.::f"··>; ... '\tff~>: ·-:•:::~j~r;;.}:}):, . ·-,z<:t>~
"Ci ty manager" means th•e::eity il'fahag e r or auth bfJzed de'sign e·e·<}:::::-:0,.
-:.\,''":i';'.'~-:, '.(•_/:~::~j ., :::'.::.::~~:::{ .. };-:\:•' <~--(~)~ -~:'./.
"Demonstrati on " means ::a ny formatio n ;::.p roce ssion >Br.;assembly of pE§'r sons for th e purposes of exo ressive
activity. · <,'?f:\:,,,... ,.,;i~J~L::( .. ··t;E·'.;,:_
"E vent" means'~a::para de o r p ub l ic,=as'sefrrib l\Hi:k-the pur ooses of ex pressive activity .
"Event 0rfa~fff1i~~i;: w r~:~g~h any ;~J~g~ who •,6ciH~ticts, ·m ~nages , promotes , organi z es , aids or solici ts
alfiiirtdance at an exph~s sive acti vity. event. --•:>j:'' -~~~~~'.{;~. ···?~:t~-·~~ <:'.~ :\._.
"Expressive :acti vi ty" includes co:riduct , the isole or principal object of which is the expression of opinion ,
view s, d ?i°de as . Ex pressivEk'i'~dtivity intida'es , bu t is no t limi ted to , public oratory and distribu t ion of
li terat ure . •;•~;{:;k.·. \~lf\ · ··
"Expressive activitv"eV~ht pe rmit" rh~-~ns a permit as required by t his chapter.
"Parade " me~ns an y ~~Mh; .. pro g~~~ion or motorcade consisting of pe rsons , veh icles or a combination
thereof, upon any stre~t'?sitle\valk, pu bl ic park, or oth er public area wi thin the city .
"Police chief' means the ch ie;:~{bolice or authorized des ignee .
"Public assembly" means any meeting , picket lin e , rall y or gathering of any ki nd t ha t occupies any street,
si dewa lk , public park, or other public area wi t hin the city.
"Sidewalk" means an y a rea o r w ay set as ide or o pen to the general public for pu rp oses of pedestrian
t ravel, whe ther o r not it is paved .
"Sound-am pli fyi ng system " means any syst em , appara tus, equipment , device , instrum ent or mach ine
designed for or intend ed to be used for the pu rpose of amplifyin g the sound or increasin g the
volume of human voice , musical tone. vibration or sound wave .
Nov. 19, 2019 Item #15 Page 87 of 175
EXHIBIT 2
"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 , publ ic parking lot, right-of-way, alley or
median .
"Risk manager" means the risk manager or autho rized designee .
· 8 .18.030 Pe rmit re quired .
,,:.:·
A. An expressive activity event permi t is required prior to conduct fh?i -a demonstration or other event
with t he principal purpose of engaging in expressive activity-;~w-~·fae the activity involves a gathering
of 75 or more persons and any of the following : ~:z~j:;~;t~:L . -~-~$;:;~r.~~::r• . \~~:~~,:•~
1. T he use of any publ ic park or other public area : or'~::}~ · :"t·::.
;::)·\~.\ ·:\\·:\:
2 . The use of any street or sidewalk in a mann e:fr.-'that does not coniply .. wi t h no rm al or usual traffic
regulations or controls . ·(;}t?· · .:: '.
.: ·:
B. An expressive activity event permit is not requ ifg~:_for a spontaJ:'leous dem~'n~tration t hat meets the
criteria of Section 8.18.030(A) if the event o rganizer~'.pt.ovidesrnt!east four hours·-pr.ior notice to the
police chief of the date(s), time(s)A:in d.location(s) wfl~fe;t f.i~:;e~·ent is to be condu'c ted, t heir contact
information. and an estimate of th e !i:itifober of persons 'ffi~tlwill be participating .
';'{it;:,··--~: ~~:;~}:_;:.-_. '·'.:~f:~:1:-.,
C. Regard less of whether a n expressive:~itivity :~tie nt permit is'.:r:~q uJred, all perso ns t hat participate in
an expressive act ivity event must comply:.with jll·-:abb licable st~t'6·:a nd local laws a nd regulations .
8 .18.040 Appllcation :sw:)'t'.:~}4,*h. ,:;,: ,, 'si::i:~<1,,111}4.:''ib
A. A person requesti fi!f an expressiVe activity event ·p·e·rmit shall fif e:~rn application on forms provided
by the city manag~f :;f.'t:!e city wi11:;M6t process ~-rt .in complete application unless the applicant obtains
a waiver of.applicable.'H§°gbire mi&t~~~t1~·-': ):-
,. 1/~fi:.;'(:i-~:{:;?;~:'.~.:,-.. ',~::~:·:~ .. :;:-::i~1ti9'x~f•:~~~;r~.•\<' . '-~:~, ·;1,
B. The_appncatfof.f:foi:;:~m expressive activitife◊eh t per rn i fshall set forth all of the following information:
... ;(:~~~~-~·~~~~>· ::::-,·-~::~:~::>:;:;-. ·,·-~=:~!f.~~~.,~ ~:--,;~;:~~::;;~~~ .
1 _,:'.:;:;,:W he name, add ress,--email :a diiress and tele phone number of the event organizer. If the event
<,,~1dfganizer is a no~~i iiifoJiduai\if f:or.porate entity, the application must identify an individual that
·-·••,.,,•_.,i'., , .• , •..• ,·.. .. .... t.~ .. ·-~•.
w1Wact as the primary :cio htact fo"r~-fne:,event. ,,; .. ::•.<·. -,·,·:>;··. ·~:.~~~;:,:
2 . The date(s), time(s), and location(s) where the ex press ive activity is to be conducted .
· 3. An estimate of the number of persons who will be participating in the event.
4 . If the event requires full or partial street or sidewalk closures . the appl icant shall provide the
following informat ion:
•,·,;'.)
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 norma l, 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 gene ral 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
Nov. 19, 2019 Item #15 Page 88 of 175
EX H IB IT 2
Carlsba d as an additional insured, and wit h a coverage a m ount to be determined by th e r is k
manage r acco rding to the size and risk fac to rs of the event. The insurance policy required by
th is section shall not be cancelled , limited o r not renew ed wit hout 30 days' prior wri tten notice
has been given to t he ci ty. Notwith standing the foregoing. pro of of insu rance w ill be wa ived by
the city manager in an y of t he following circumsta nces:
a .
b .
C.
The event does not present signifi cant pu blic liabil ity o r property damage ex posure for t he
city , based o n a lack of pe rso nal i nj ury o r property damage cla ims bei ng aw arded a g ai nst
previous events in th e city t hat a re simi la r in natu re to the proposed event:
T he ap plica nt agrees.to re des ign o r reschedu le th e permitted event to res po nd to specifi c
risks , haza rds or dangers to t he pub lic hea lth a nd sg~¥y iden tified by the city m anage r as
-·~·:-;,:,>;•.v '
bei ng reasonab ly fo reseea ble conseq u ences oNhe:e vent: o r
The applica nt ag re es to indem nify , protect,.di ~~~W~h d ho ld harmless the city, its officers
and employees aga inst a l l c laims , da m aq esfg~pe n~-~~t ,::J:0-ss or li abil ity of any ki nd or
/?.·;•:•;..;•.•. -.-,1r,:.'.:;-.
nature wh atsoever arising ou t of, or ,res:ti:ltit'i g from , the alleg ed acts or omissions o f
.•:·.··~·-...... ;,~.-·,,. ~~·,.
pe r m ittee , its officers, agents or e rt:i~loyees in connectio n wittf.the permitted even t.
·•::;;:::::: ~-. ··~:(::~~·~ ·.
C . · The applicant sha ll acknow ledge in t he a pp licatfo:r:Uhat if City property is destroyed or d am aged by
pe rmittee's use, event or activity and the damag ~•:i§fatestruct1d~)·1s d irectly attm:iuta ble to the
perm ittee, the permittee shall rei m bHrse the C ity forlfi'.~'.5acitLl~l«e placement or r~a~;jr:cost of the
destroyed or damaged property. ··-::~i:i;i~}:~~;<[;:'.)::):-.. · '''%J~l~~:--,.
D. T he app lication shall be filed no later·tW~n twcr days befo re ci:i l:f:fm encement of the event.
\ ~:::~:;.. ..:•.~;;•};;: "';;:: .:.: ·.,"{;'.$::j;~:.;_ ..
E. T he city mana ger may waive a ny of t he:,:p~rmit a p~lidition requir~tnents where circumstances make
II im~ractical or ~~ii~~~1¼i~et lho,~'.~~~.,isi ;g!~'t),'''.;l;;
8 .1 8 .050 Permit a pprova t o i',-denial. :K:!1 <YL
~-.;~~~f i:~).· ~-~:~~~~~}/:.i:.~--:~---. . -::{;}~~ -
A T he citv -J:rra f.rager .shall a'6f ;~hamcBm'@le:le;applicati6ns in the following manner:
.<:'./-~ .. :,. ;.;:,:;_:,., ... ~·1,./:-,:j,~'· ·':-•< .. ~ .. ~-~-~•>:;:; .. ,,.-.::❖:-~:;❖...... ·.-~-:··!·!:,, • • 1. ,.;:A fte n ev1eW,:0Uhe apph 0at 10n and retem.tof .all' r equired documen ts, th.e c ity mana ger shall
,-,!,:'·•~ ··~:t-~;-~.,.-· ·-:~,-.'r,v'l ,r . . ·-~-~-:~.>::,::•~ ·•:-~•..::=·-·~"., .. ~--
s/<~1s sue the ex pre·ssWe actilii@:~vent perm it ti'nless the ci ty manager finds th at approv i ng t he
\-,ili~t mit would be 28Hth:uy to m~~:$u blic peace, health , safety, or w elfa re for one o r m ore of the
foti~iJi rng re asons: ·-::::::::> ·-:;~t~h=-.
a . ':~Jie-event will un ~~'f& interfe ~if t.,ith ingress to , or egress from , o r.travel. on a f reeway o r
b.
C.
d .
st~f ~~tl es ignated tiitih way: ·
The. ~Qi~t requi re&fci\t emporary street closure that will undu ly in terfe re w ith the orderly
a nd saf et h'i'bverf.fi3tlfbf traffi c or t he prov is io n of pubii c services. and the appl icant is ·:·:::,:).:-.;:-: ... ;,s;;.-,.
unable or unWil ht:fg to m od ify the even t's scope ; location, date , time , or du ratio n to .. ;
minim iz e such impact;
Due sole ly to the number of event participants and thei r i mpact on normal t raffic or
pedestrian flow, t he event will require a significant diversion of police officers such that
police protection fo r other areas of the ci ty may be adversely impacted , and the applica nt
is unable o r unwi ll ing to modif y t he event's scope, location , date , time . o r durat ion to
minimize such impact; o r
The antici pated number of eve nt participan ts wo uld exceed the saf e capacity of the pub lic
park or other public are a where the event is proposed .
Nov. 19, 2019 Item #15 Page 89 of 175
EX HIB IT 2
2. The ci ty manager may imp ose c o nd itions on a pprov a l of the expressive activ ity event perm it as
he o r she dete rmi nes to be reaso nably necess ary to protect the pub lic pe ace, hea lth, safety, o r
we lfare . In imposin g such co nditions. the city manager may not consider the message of the event
the content of the speech. the identity or ass oci ati0nal relationships of the applicant. or to any
assumptions or pred ict ions as the amount of hostility w hich may be aroused in the pub li c by t he
conten t of the speech or messa ge ,conveyed bv the event.
3 . The c ity manager wi ll act pro mptl y on a timely filed and complete application and will make a
dete rmina tion not less than one ca le ndar day prior to the event. Any perm it denial shall be made
in writin g.
B. An applicant has th e right to .appea l the den ial of an exp ressive::~t1J vity even t pe rmit to the ci ty
aouncil. T he de nied applicant shall use the following proce c(iif.g (
/..~:·:,;:~:;:::::::~
1. The denied ap plicant must make the appeal within .. !~v.~_ d_ay~ .. ~.~er rece ip t of the denial by fi lin g a
written notice wi th the city cler.k and a copy of t~~--~otice wit h t~.~.,g?li ce chief. The city coun ci l will
act upon the appeal at the next re g ul arly scheduled meeti ng following re ceipt of the notice of
., .• ., •' ·;,, ...• .-~ .. .,.,.1 ...
appeal, wh ic h decision will be fina l.
.2. In the event t hat the city council denies an applicant's appeal, th e app licant may seek judicial
review of the city counc il's decision. pursuant.to Californi a Code of Civil Proced ure Section .
1094.8 .
(;~;.~_;·:····:,·~.·.,:.'.r,,!~.r .. ,:.t.· .. -.:~ .. \.:._·.:··,'.·,.·.·.·,; .. ·. ·:· -... ~~=r~~~;?r···
8.18 .060 Administrat ive regulations . :;:i~~.;: ··-.;;::,{fr:•::> , \';:;~:,~{fr,:·,.
•:::;;-;~\. . . ;~>~~~~~·:~>!:~.,.,~ ;.·\.i.!::r.:_..
The c ity manager may adopt administrative re gt.J la tions:tl:tat-'are consi stent with an d t hat f urther the terms
an d requiremen ts set forth·w ffhTrftbis -Chapter:··;,xfI .. such a.dforri1strative reg't:1l ations must be in writ in g.
8 .18.070 Violations. ,~,~~.·' tj~f . '{t,t'Y "'¾Jff'!; ..
Co nducting.0t42aft1~t pating i;··~,~fuF(p~i h1 l~t~d::ev.ent fo?wfo ch a pe rmit is required by this chapter, where
the persl2!rt1~/ii~Wt ~:'p~t ffilt,has ~6r::15~en g ra~t~1WJ:i m,co~~:titute an infraction and s hall be pun ished as
(;'.);:,;.~:: ,f,. .. ~· •,.;.~;:❖~h,(, . ·.,;:.; ~-:.~: · · ·-..~-~ .. :,-;-.y.~.~~-
prov idea :fbt in Chapter 1 :G8ntJhis cod e:·. · · ;/
·•,::-:{;~{t;.-, . . ''':10~t:\. ·•,>·::::/{;:,; ..
8 .18.080 Sever:~,~~~•ty . :~~:~~!:>. \'.:)}
~~=::.-:::~;., ~ \·::~~:t
If any section . subsecfron. sen te ndiii c lause or ph rase of this .chapter is fo r any reason he ld invalid o r
unconstituti~na l by t h~J~ei sion odfM court of competent jurisd iction. the decision will not affe ct the
validity of t he remaining 'p&~rons{¾'fahis chapter. The c ity council declare~ t hat it wo.uld have passed the
o rdinance c odified in t his ch~pt~:f:~~d each section, subsectio n. sentence, clause or phrase c o ntained in
it irrespecti ve of the fact that a~·y o ne or mo re secti o ns , subsections, senten ces , clau ses or pnrase s are
declare d invalid or un constitutional.
Nov. 19, 2019 Item #15 Page 90 of 175
EXHIBIT 3
Special Events Ordinance
The Special Events Ordinance sets forth a permitting process for organized events on public
property of SO or more people, including concerts, parades, street fairs, festivals, block parties,
community events, sporting events such as road races and bicycle races, spectator sport·s such
as golf tournaments and surfing 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 SO 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 § 8.17.060(()):
• 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 SO or less people. CMC § 8.17.040(B). Under the Special
Events Ordinance, a "spontaneous demonstration" is "an 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 SO people, a full
application is not required, butthe 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.
Nov. 19, 2019 Item #15 Page 91 of 175
EXHIBIT 4
"D e mo nst rat ion" me ans an y fo rma tion , proc ession or assembl y of persons for the purposes of express ive
acti v ity.
"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 meaRSex pression of
opinion, views, or ideas and fer wh ic h no fe e or dona t io n is charg ed or requ ired as a con diti on of
particip atio n in or atte ndance at such activity . 1-tExpressive acti vity includes. but is not limite d to , public
oratory and distribution of literature . Fo r the purposes of this chapte r, expres si ve activity does not
include sports even ts, fu ndrais ing events , parades , publ ic assem blie s or other event s fo r whi ch -the
pr incip al obje ct is enterta inme nt. ~)}: .
. -_.~::-,,,.x::::;/ .
"Major event" means a special event that requires a traffic cori~ro)~p,lan for three or more intersections of
any street or requires a traffic control plan for a seconda ry )i~iir)9 1, major arterial or a prime arterial.
"Minor event" means a special event that does not reqy ire ;idrattii/~qryJ rol plan or that requires a traffic
control plan for two or fewer intersections and d9e,s hot involve a ~s~i:.oridary arterial , major arterial or
a pr ime arterial. /-} · -;· · ·-··
/ ,~, ·, ..'. ... ·.::... .
"Parade" means any march , dem ons t ra tio n , processitj _il or motorcade consisti~g ,9f persons, vehicles or a
comb i nation thereof, upon any street, sidewafk ;.p'l,l~Hc park , or._other public<~f~m within t he city.
"Parks and recreation director" means the director of ~a ~k~i'-and f !:1 4f~~tion or auth~Mti:tf:lesignee .
"Permittee" means a person to whom ar¥.tg9i,a_l events per~if h[~)?e~n issued . •::;::_p··
-:f~;::;~:·.~c~ri::-... , ... ~~-:·.;;. f _
"Person" means any person , firm , partn·~r~);t_ipt :M~Pciation, cdrp:9.r,~tion, company or organization of any
kind . "{]\. ·,:":'.:·}J-~-. . :\,,. ·
"Police chief' means the chi~f .9.f police or aLft ffq rized ·de~i§9_,e,!3. .
"Private property per~i~/n~~:ij{~;~ippr event }~_~!): ist~~tf}fj ~~t~!.Vf ~ued by the community an_d economic
development d1rectqr. for a function held ent1 r~!y 011 ':pnvate·, p,roperty that does not require a use of
• ,, •, r' ".; .",•>•.·•• ~ •• ~~,) r.::,. r.,,'
public property in ··a .. n:Janner wqJ~h impacts i:l,r-.:.(~stricts the public's normal or typical use of such
property or does not c?i:n:iply wit~)tie normal of.-:i:f$_t,1al traffic regulations or controls or that require the
provision __ qt,~xtraordi nacy ~ity ~~iyJ~~s -?~d are tti.~.r.~fore not governed by this chapter.
,,-:;.;•;•~~,!.;;,•• .. {'~;:;~,. , -~ ,• ·, ,: •7••.;~•1:,, :~ • · . • <,,.(,"'. :; · , .•, "":r•'. •:•;\
"Public a~~~tpJ'j(y;:~•in,e,~_Q,~ any-~$.¢~~9 , demtjQ~~rp~~-ior(~)~.icket line, rally or gathering of any kind that
o~¢~:i?.ies any street;,)~j dewalK ;pµl)lic park,''o(ot h~r public area within the city.
~.-:,:~:❖:...;-· <:.: ~--~.~--•.x)---,,.:. -•./ . :•,
"Sidewal ~-i(h)eans any areif o't.:,w.~Y sef a.~ftj~ or open tiffhe general public for purposes of pedestrian travel,
whetfi'iii t:i>r not it is pave·~/?; ;:_/_:
··.•,!~-~~:i ~:;;;.. l.\};;;i;~•-: . ·_< >._:,
"Sound-amplify1ng -.system " mea fi~·,=:~ny system, apparatus, equipment, device , instrument or machine
designed f6ri ~(intended to b~f.4sed for the purpose of amplifying the sound or increasing the volume
of human voi d §;;fu usical ton e;';Vibration or sound wave . . :-:-~~ ~~-~, .. ,~,:~,:,
"Special event" means?t?;,;. .-ikiY ·-·:-;,..~f:~ .. ,--:;·:~:}:;::z;:-
1. Any organized ·totaj~tip n, parade , procession or public assembly consisting of 50 or more
persons , and wh 1c ~:/itiay 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 fo r a common or collective use, purpose or
benefit which i nvolves the use of, or has an impact on, other pub lic property or facilities and the
provision of city public safety services in response thereto ;
Nov. 19, 2019 Item #15 Page 93 of 175
EXH IBIT 4
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.
"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.
/,_,
,,{,< ... ·--.·,-.
8.17 .030 · Permit required. /. <._.;;(
No person shall engage in or conduct any special event unles$f a $pe~ial event permit is issued by t he city
manager or authorized des ignee . ·' · ·_ .,. ·<•;;, ·
I'.•,
8 .17.040 Except io ns to s pe cial eve nt permit ,r~~~if:me nt. ..
A special event permit is not required for any of ttie:1,9,IJ'owing : ':--'
A. Any organized activity within the scope of a co ric!i:t;gp.~1 use P~f,rp,!!, other la~du_ef~ approval or a private
property permit given or required for that use ; or · ·<L-. -,j;p · · L ·
B. Lawful picketing ; or ,;J{X :< .. _: .. ··.;,:_{/\)?' ·
C. Funeral processions by a licensed rn_qrh'.ia"fy;_.or "<{{\\::,.
··,::;.~. '.·. ·<-;,;/::'~/-·:· ·:r.;~:-·>, ..
D. Activities conducted by a government ):ig(;!ncf~#ing within tn ef~q qpe of its au t hority .
. ._.:.=tt.·~~::~,:-,~-~---·· . ':3:.. . ' .. °:Jf--;•. · .•.:·'\J _;~_X_-?_;_·.:_.·. ,,._ , ... . :,~:~:-:_.-~ f/{;.-·. :·/.:... ,,
8 .1 7.050 Special ey~:'Jt~·corn~.1~ee. :; .. :.c.. . .c-:._;., :>:i,.. ·,,
A. The special eve pJt:committe(st;!all be corn p_ri,s ~('F of the 't1~istant city manager, community and
economic develop rn i:;nt direct6r/ transportatiqri° ·· 'director, fire / chief, police chief, housing and
neighborhood servi6Ef~~9\rector,Jil~t ~_s and recr~-~ti _on director and risk manager or their des ignated
represe_1Jtc1_tj v~s.: The pa r,~s:~n,i:JJ ~Ji~~t\9:Q _directb (\/f[II chair the committee .
. -, ,: _,_..-.· .·_, _,:,.,_, _,_.,_ '..:-··.,·,<·-:;·.•,·,,f,),-,., ... _ , .. ,,i-':;, .. · .. ,.,~.·~·. ·. ~
B. Th 71~:~f~ial ev~!).f~Jp mmrtt~i~f charg·e~t t!mi {~vie,yij ng an? p~ov iding recon:mendations to _ the city
m~in~~er regarding th.~ ~pprovc.!.l~W mod 1fic•atic;,:9)p f an appl1cat1on for a special event permit based
upq'if the information i-eg~ired irf th~_,ppplicatiori 'With regard to considerations of public safety, traffic
flovi'rarfo control, the ·d,ghiP,tion liii[fr~?idences and businesses; availability of resources of city
perso nfief"~nd equipment to. ~gequat~i~f ~risure the public health, safety and welfare .
......... . >.... ··,;.~ .• •1: ·. . ·-: <~
C. The speci al :.ef¥E:,nts committef ~hall not '·recommend for approval a new event for the date , t ime or
location of ;f '.p:rey iously est~J:ilished reoccurring event unless the applicant of the previously
established reoccµfring eve qt no tifies the ci t y of their intent to not hold the event or no application has
been received by tfi'f city .c1 t ·fh:~ minimum application filing date . . . . ~,: • . .-, . -'. ,
8 .17 .060 Applicat ion .
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 d1rector will forward the
application to the special events committee for review and recommendation to the city manager.
B. The applicat ion 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 requ iremen t may be waived by the parks and
recreation director upon w ritten finding that the limited scope of the event , both in size and magnitude ,
allows it to be adequately reviewed in t he time provided.
C. The application for a spec ial event permit shall set forth all of the following information, if applicab le:
Nov. 19, 2019 Item #15 Page 94 of 175
y . Pyrotechnics,
z. lnflatable(s),
aa . Animals and animal rides ,
bb. Carnival rides ,
EXHIBIT4
cc . Location to accommodate individuals desiring to express opinions not consistent with the
purpose or intent of the event, and
dd. Other sim ilar 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 .,Yni~wm Traffic Control Devices or the
California Supplement to the National Manual on U~.!fqlf<ti}Fraffic Control Devices for all streets,
sidewalks and parking lots which the special event'.:W j!Lirn pact by restricting the public 's normal,
typical or customary use thereof; /{3.i/V '·<:i,, •.;,c;y ,-.,:, ·:
12. The approximate number of participants, speftato (s , an im~·1s<~nq vehicles ;
/:: , .. •>:,<;; "-~·:'•'.-';,:::
13 . The number of persons proposed or rf q,~t~d to monitor or fa c1 f!t~t~. the special event and to
provide spectator or participant control ·ar(d di rection for events us1 h'f :f,i_ty streets , sidewalks, or
facilities ; · "~\:\. . •,/,. '•\{t~f~::\
14 . Provisions for first aid and emergency medical :seJVices /'};;:; ""\\\i,,. . .,,;·.. ·.~/~;~.-;~ .... -;',;;:,:J/..1/ •":,:;:~!~•t,
15. The number, type and locatiph \tjf-cs ~mitation fadirt,es{/f' •,:.:;:.:'"
16. Provisions for recycling per 1}dtnt~~;~Q,IJ_fCes Cod?(J pJions 42648 through 42648.7 ;
17. Pollution prevention in complia ~t:;1¥Ji tW ift9-{~;Jr)!-micip~(N,tt,i0.nal Pollutant Discharge Elimination
System pe rmit, city .ordinances aff~,.t he clty;t J.urjsdictiorial l !J.rban Runoff Management Plan
(JURMP)"; .~<:/?·f-:::fft~:-~. _ ·•:~ii}\. .:rffJ.tt13~rt?✓ ·~,\//:-\-
18 . A descriptigfD.6f:1~/~Ei2~it~!flg equi ;~~rMtlf.81-fct' :ffiirtfi~qtion ' equipment, cir other attention-
getting devlce.~)9 be usedJNconnectiohff1Wthe speciaf'event.
•/•·> -;,-,._ ::,'/,•.", -~--.-:.,.{
D . Applicants for a rep'~af~q,_ eve11i f b ~.1~ on priva~J property (such as fireworks) may file one annual
speciaJ,!;!~~VtBJ~plicati o'ri j {i eri,ti ftlnl \@ ,~yent datel f or one calendar year.
a.11 .or4' ijt;:::~il~itq)h.,; I]i} . ";;~:\ '{;\;<t§i ·
A. MaJerJ~yent Fee. A ncYr.it~f:!-J ndab1e ·f,ej~, as set forth in the schedule of service costs approved by city
councii}es9lution , reasohij~J_y:c calculat~:9J o reimburse the city for its reasonable and necessary costs
in receivM9.i J.?_rocessing ari'at i¥.iewing'aj:i:'[llications for p~rmits to hold a major event, must be paid to
the City ofC.~d~,bad when an'a gplication is filed .
·\~:~.·}~;:;-~ ;~:/\'';.~
B . Minor Event Fe$.:J:A,_nonrefun_i;f ~ble fee , as set forth in the schedu le of service costs approved by city
council resolutio~f }?;~,~~ona R,l,f'9:~lculated to reimburse the city for its reasonable and necessary costs
in receiving, processfiJ§;a q~J~viewing applications for permits to hold a m inor event, must be paid to
.,,,, .. 1:l,t.f.•,~~ I/
the City of Carlsbad wh e,i;i:-'~n application is filed .
--,,.r✓
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 w ith a schedule
of service costs approved by city council resolution .
D. Th ird 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 resolu t ion , 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 t he city council and
shall be based on whether the application is for a major or minor event.
Nov. 19, 2019 Item #15 Page 96 of 175
EXHIBIT 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 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 e·mergency and safety services or equipment .
is deemed necessary for the special event, an estimate of t he 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 determining the size of the even~,_.fHlP the security needed to protect
participants and spectators, the estimate, based upon reasq r{abiy' known information , of participants
shall be determinative. The numbers of persons attending 'i_n>reiponse to an event, to heckle, protest
or oppose the sponsor's viewpoint shall not be consid~rffe-~:/fi {h~. cost of providing police protection .
"">;, :·<····· .
8.17.090 Release and indemnification requirem<ir&\ •. ·>_,,' .-:•"~~;. -· ',/
Permittee agrees to waive and release the City :PJsC,a'rlsbad and its offi ¢er~. agents , employees and
volunteers from and against any and all claims, costs} 'liabilities, expenses or j uctg·m_ents including attorney's
fees and court costs arising out of the activities t:\(;ihi.~ special eyent or an/-;fi!ne_ss or injury resulting
therefrom , and hereby agree to indemnify and hold ha rinl~~ the 9-\009.f Carlsbad f ror:it'a9d against any and
all such claims, whether caused by neg Jig~,nce or otherw1 s:e\E.!jO~"~f for illness and inju_ry :resulting directly
• • • :•, • , •.•:;.'>. •.':t ,',•r•,•••~.r.,!_. .... -• •,·/,,.
from gross negllgence or willful mIscondu,c~:0JJ.the part of theJ;!:tY:or its employees .
. >~;\.-~~:?(~·. '-'t(t;~};.:.._
'<f.:~:.-... /·.:~:···<·:• :._. ..,:\::::;>~.
8.17.100 Insurance requirements. ·:-,;.::; . _ ... -~ '•?(it.,
' ,,; ,J·'. • • ',', V •,•,,•;: :.;,,,;,-;,•~
Whenever a special event, j n,Sl,Y:g,i ng but not linii~~d to e~hJ.,b,%Jairs, all:j_)f;i;Jix events, trade shows, concerts,
or conventions , requires a,{p_ijrrni(~p~er the prov !,sj ons ofJ~if9.09_e ,Jhe s'pq'nsor, event organizer or person
• ,-,_.,,~-.,·.-, ✓• ,,.J,,,. tr•• ,._,,.,/,,,, ,..,,,.,':/,..._ ,
conducting the speci~J)~Y~nt sha11 :~pf@vide evid ~~·ce . 9t;:9ommefr~fg!;;~eneral liability insurance in a form
acceptable to the risk ·nt~·ij;~ger (and'0~,~_9itional c6\@ ai:j'e{s) as appfopri ate for the activities of the event),
naming the City of Carlsb agJ\~. an adcti1[.9 nal insured ;~·ap_d with a coverage amount to be determined by the
risk manager according to thl~i.ze giJg)'J ~k-. .factors of lh!3 event. When determining the size of the event
and the r is (s.J:<;>Ji[tli¢ipa.p ts anB(~p:~§.t~6t~}::tiJ~;~.~Jimate(pf;;1?articipants shall be determinative. The person
conducti Qii}flj•e ;'.speda(:.e,;v~,nt sti'alf ~fjQt be re qal(@:;:tp in'su re any risk .arising from persons attending in /;~ 'J?f, ~,•.,. ,.,,,. • r" "• ?• • 'J' •• • J--c • r r.-· •·•
respons.e\to an event, tci'h~Q~[e or op p~$~ the sponsb_r,J s viewpoint. The insurance company or companies ½r••--·•~ "'-','✓ • ., , ••• ••
shall meeft.M~ requirement~h~s\9blished{{?.Y.;,fity council resolution for all insurance required by the city. The ·~· n., . ,,r,,.,,~.-• ~·· -'·•·
insurance p~Jji;;Y required by mi~/~ection··~p~)L not be cancelled , limited or not renewed without 30 days'
prior written rib~QEj ,.has been givef;iJp the citW~t}· _\\~ltt., ~f!w} .,
8.17.110 Signs. x·::;.,, {'.:'/~-
A. Th~ p~rmittee sli'~ff}p~~t st~f1f closure noti!ication signs _at locations approved b~ the city manager
wh ich include the name :qftti~ event, date, time and location of the closure and which :
. <:.\: ~;,-;,·;~~~-.
1. Shall not exceed 16,i 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
even t;
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;
Nov. 19, 2019 Item #15 Page 97 of 175
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. .
,,f;.i,..:.,,.·.·
D. The permittee for a special event permit may post signs anp :,q~pffers during the special event at the ,~ .. -... :~ ... --~1/
· special event venue. ,,::})/Y ~., ·--~-,'.:,.·.;, '·'·.
1. All venue sign(s) with more than 16 square feet of:{i~Mlf~§i.;i;i.r signs that are more than four feet
above ground level shall be identified on the sitet pfafi . '·?ti.: . . _✓ • ~~--'·-;,·. -.. ~:,;>.
2 . Each venue signs and/or banners shall b~ ·1e,s{lhan 50 squa r~\f~et of s ign area. •
/ : ,~,;·... .. . ,;~~~~j:1,._
E. Signs stating "no parking/tow away" shall be ;p'g~ted 72 hou rs in advanci\9H ~e event start time .
8.17 .1 20 Notification . , '<'i . '· -;'.i:· · ., '".ti{,:,·,t .. :_:,.:':•:,: .. : ...
A. The app.lican_t for: . · ,. <ti_}.:,:,:.'.:_·.· .. ··' .. ;..·>·",'.~f::!.'..~,P/ · . · ):~fMt~ ... ,,, · · / 1. A first time maJor event; .,, .... ·,, ;r-,·· ··,•;;, t;;; .. _
\',•.,>·-I' :.~.t~>';,·f• ··;_/)'.;::-_._
2 . A major event that has not beeli.:ih,~.ld fq t::~9.r.~ than twd<Y.ftf.rs;
3 . A first time event at a city facil ity 't'A'~t is n~rntifoq(ized bylfcility use permit; or ~ "-·/:;;_/ .-~ · . i:'-:Y:-;~-• l'.V;,·;;,::~:i: .. _ ·\ •: ~1.. _ ·
4 . An event at a ci fyJacili fy.that is not'aLithor ized.:of facj li!}' use··peYmit and that has not been held
/ ,,v, ;./,,:,-./~.•.•.~~-•.,••:-;,, •;,:,;,f;. /_S I,· ~ • .,., ... :>"•'.,,.::_~.-:t~-);,, ',·· .
for more th;:ir_,Jwo years; s,h,c,111 sponsot1;~,1Jl-~¢.ti ~.g for -a]_l ita:ff~cted parties . This meeting must be
held not m6ri:rthan 180 dii'ys',prior or l~~s-tha'n''Bo days 'p'rfc(f to the special event date. Affected
parties mus(b't qotified t&~}he applicci~hfJa the United States Postal Service or by direct
distri~~tion to al i'atfe.sted_ fts!tt.i~Jt 9f the me ~t[~g a minimum of 1 0 days prior to the meeting . The
put p'~e)::bf...this me'eting',:•ix,il1<6€':t o j allow tti'~{special event sponsor to identify and address
::f@jj{J!Rlt\:(~ffe,fted f ,fft jf~ rega (iM ;ffith e..Jt ~·~)\>lace and manner in which the special event is <e&6 be held. C 6iJft~r,r s r~·ifit~J8.9 the m'e·si~:~e or viewpoint of the event sponsor shall not be
····'/'.¢.9f1Sidered. The ·p~t~~ and ·reJ;i r~;:ition director may waive the minimum 80-day t ime limit for the
·•.•. ~-:r~•,c1 ¥' .',J"/.•·'1 '-I/"//.,~•.
af:t.¢:~ted party meetir:J,Q;~ith a W~iJt~D. finding of good cause if, after due consideration, the parks
an·at ~or eation directd'i''):j ~Jermin es'.·t b;it because of the limited scope and complexity of the event
when'{ib.~Jdering the 5-RJ3.).[cation cr iteria , there will be adequate time for review by and input of
'>•~··'• :,r ..... ,;..,,
concern e~t~f;f.ected parti:~~},
. 1.,1,;,:1, .. i.'r -~ ;<,.,;
B. The applicant fo i<~f ll'l ajor .l5p¢_¢ial event permit that is not subject to the notification described in ... ":-'• ', . -,,..I
subsection A shall no tt~_,~J.IJ~.ffected parties of the event not more 40 days nor less than 30 days prior
to the special event dat{::yJa'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
dist ribution 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
appl icant and the special events committee before and after the event
8 .17 .1 30 Reaso.ns fo r denial of a specia l event perm it.
A. The city manager may only deny a special event permit to an applicant when any of the following
applies:
Nov. 19, 2019 Item #15 Page 98 of 175
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 t her~of.
6. The applicant has not complied or cannot comply with apP,,li~able federal, state or local laws ,
. regulations , ordinances or city council policy . .:f}.A;f ,)• .. ~::,.•,· .. •··1/
7. The applicant has not tendered the required ar,~fi8~fron , indemnification agreement and
endorsement(s), insurance certificate , or security;~~p'ds1Hor police and emergency services and
equipment within the times prescribed. /::. '\}1/ ·. t}>:.
8. The applicant has not provided for the seryi t tf;16f a required ~GH1 ber of police officers , fire and/or ,,.,..... '··'. .<
paramedi~ personnel , private security{'civj lian traffic controllers/q r,: event volunteers/staff to
ensure the safety of the event. '\/::\. ···)}:,i,
9. The applicant has · not provided adequat /~~h_itation c!11P.,9ther requ ·i;iij}h~.alth facilities on or
adj13cent to any public assemply area . ··<:}\., .,6/'.{)/ ··::-,rft~, ·h<,· : , .•. ,·. ,,,,?, ·/. 1/ ':,•,,· ..
10. The applicant has not provicl t~}lqftt9ient off-sit~:::p~r&'ff{~ or shuttle service , of both, required to
minimize any adverse impacts'iJ.ry)i ~W[9:,P.?rking and fr?ffj 9 circulation in the vicinity of the specia l
event. 't?i};_ .. ,.,~\{\fa::•.~:. '<'%;{'.):-,
11 . The applicant has riot obtained th e::1:1Rproval'6f;~i:)y.other pupjj q.~gency within whose jurisdiction
the special eve ofb(pottion thereofWfll occur. /t?:'.tt:=:r.~. '•\i:f) ,:1,°-';::t:<~ .. J,:;;::'·•··_<•· 'J,:,;.-:~~ Af.\:::::~'.:~:;;.<:~;~~;,:~'.7~-, •, . ..:
12. The use or t9If~illV:ou '1c1 W)~ent ~n u'r1\~f,~?Rl~fe daiiWMgJhe health or safety of the applicant,
other users of,'J.t'I~. site , or t iJ.tp ubhc. ·:t%/" ·.·.·
13 .. The specia! eJi~hrt\l req y}ff m ~ exclusit·~i ~;se of beach or park areas during any period in a
m;:i.r.m!=lr .vy h1ch will h,ave. ad yers~.,1mpact on tfi~:reasonable use or access to those areas by the
.. :-::;~t§.irtLi5yP-Jti>-::-;z};t·· .. ":'..\,,?tJ;.,,,. ·:::(} · . ·
11Lf:ftie speciaJ ·ey,~~~-:,w ill 'cr:~t~!7: the im m in.~r\ possibilit~ of violent disorderly conduct likely to
i'.:,i endanger public ti ealth , safety:and welfare or to result m property damage. '-'.--~~·-,'~·,._, "%,:;· (., ~.,, -:/~;,.. .
. 15 . f@{~pecial event WiO:;,J_nterfete\w_i!h the normal access and function of businesses and/or
resid,1.~f~S during an f t8~,r iod in a)nanner, wh ich will have adverse impact on the reasonable
use or -aetess to those 'i:::1 r;e as .
16 . The sp ;2i~\'!eNent will (ti~ire the diversion of a great number of police employees from their
normal duti ~~/tnerebyjlf~enting reasonable police protectio n to the remainde r of the city .
17. The conduct oliii.it~Jf;1 event will substantially interrupt t he safe and orderly movement of
other pedestrian o/.vehicular traffic, including public transportation , contiguous to its route or
location .
B. The city manager shall ·not deny a special event pe rmit to an applicant based upon the message,
content or viewpoint of the event sponsor.
8.17.140 Noti ce of denial of app lica tion . .
The ci ty 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 t o the event. The applicant will be notified w ithin two
working days of said determination .
Nov. 19, 2019 Item #15 Page 99 of 175
EXHIBIT 4
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.
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//
A. Any applicant has the right to appeal the denial of a special ~f~ri ! permit to the city council. The denied
applicant must make the appeal within five days after r,~6eipt..of the denial by filing a written notice
with the city clerk and a copy of the notice with the :.P9f(q:g c~j.~f: The city council will act upon the
appeal at the next regularly scheduled meeting follq'N)[lg :r eceipt ofJti.~ notice of appeal, which decision
will be final. --.·~·;,/::j:: · '/~:··. _ ·
,, >~,·.:;:/:',~ ·-:_.,;{ ·.
B. In the event that the city council denies an applib~nt's appeal , the appli9 ~nt shall be afforded prompt
judicial review of that decision as provided b~~;',¢a'lifornia Code of Civil Procedure Section 1094.8.
·,.:r:y~_~:.~-.--,. .-;;-:,. --.. ;· __ ,,.,~
'• 1l:..Y.;;·~· ··--.·:·;:}'{(
8.17.170 Notice to city and other officials. ·t:)tt'., ,:sfj.'.f,:c-•.;,,j\ .
,-', ·'//..r, •:J'•"'i''./" ~-••1,•~ • I',;-.'",-I.' , ' •
Immediately upon the issuance of a spe¢i.~J,:$:y~nt permit, the 'P,~r:~_s·and recreation directoi"will send a notice
thereof to the city manager, the city aUofn ·ey;JJ:J,e police cti l~J'.'°-the fire chief,· the utilities director, the
community and economic development ti1'(~9tor?ii'119,,the maria9.~(!9r responsible head of each public
transportation utility, the regular routes of w_ho_se vehi.¢Ji3s '.,yvill be aft~9t~d by the route or location of the
proposed special event. ·, · · ':.~/-. -,;,\-,··.. ··?:(~\ .... -tlRXt_it:~~--•. -;'.--/;. .-.--:: \·_ ~i-i;-:: .. :-.-~---" .. ~:1-J .. .. ;{,;X,.:✓--~ • :-;,~\~)_ Jt.;. /i:-:/ ,,. -: : )1/:-:,;,-'!/
8.17 .180 Special eyijijts calend~f~-t;J.,< /. ,· ·, <.tf
The city will maintain a i~~~ial event~/6~1endar. EVthfs will be registered on the special events calendar
II II II ,fl'~•~;~ ti-'.. ~t:: ·,, ·. ,;,.-.
as approved or as pendmg/:i:;::, ,i-;;;=.,,:·-·.,.. -)• ·
,,;::f,-;{/E •i} {; ;'');-'v:;,::~J]JIP:•:-;·~0$£.it~~;;,,, ,
8.17.19 CY::, '-i~,.;'Contents ·of,,perm1t:·,-1:,;,,~-· ·0~--·»t . .,_;,
Each s~~qiiji event perm i'f'w][l;9 9ntairftt{~JC?llowing i~f~t'mation or conditions, which is pertinent to the event: ·-·--•~;.--;~-. ·<:~:;;;4~. '"~(;~:;.:.~;-,
A. The d~!r~ __ and times whei:g me speci~J:.'.~x ent is to be held ;
·.;.-. ·/~·. •., /~··..-. ·, .. _~--,··.•'
B, The datesj ind time roads wjl_l;pe closea ;::;~, , ~ ·,< ✓
C . The set-up\i+J taging time ; \\(.
D. The time clea~j (ip)~r. disman{i\6~ will be completed;
E. The location of ttif ~~~9!~(!;,J;~t venue, including set-up or staging area, if any , and clean-up or
dismantling area, if an y~~/\ t ···
--~,,;'.":;:. .
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 petmittee;
Nov. 19, 2019 Item #15 Page 100 of 175
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 organJ~~f ;,9r a designated representative for
event coordination and management purposes who shall c,ci.,r'rylhe special event permit upon his or ..... ,,!,-~•,,_,·/
her person during the special event. ,.:,}f/;:/
-~ll;Jt:J\{it.
8.17 .200 Violations. ..,;<;. ·,\; ":fiK:·, . /._,•/~·/.• ,:-:-,·:.~:-.
A . Violations of the terms and conditions of any of)t:(~J(Sllbwing prohib1ti:on.?._in this chapter will constitute
a misdemeanor punishable by a fine of up t9,':~(ooo.oo, or by impris t(Q:!:!'H:int in the county jail for a
term not exceeding six months, or by both: ":;,_f{._ •:~~)~~'s;.
1. To stage, present, or conduct any specii~1~nt without.first having obflr~~-d a permit under this
chapter; ,, · '\{~:::\ .,_f}@Y ·;;;~{{i>:
2 . To hamper, obstruct, in'lped~{i'.e~;;lQt~rfere with ~n'V(~pftfa1 event or with any1:i ~rson, vehicle or
animal participating or used in]!'jf::~p~.C.i?II event; · :~F>.
\l:;,::,. -·;;;~I~;.-.;;~;~.-. ·~:;~:·-~;'.:
3 . To carry any sign , poster, platjtf~>pr not@~-i':,YJhether''ci @ gt mounted on a length of material,
unless such sign , poster, plaque , o (n,otice is:·:cob $tr_ucted dr ffi 9.<;le of a cloth, paper, or cardboard
material; f{/%{~?:l~v, '<ti[ii _:;:2Ji}}!-h\:·•. '·::<'.\ .
4. For any per$Hn':p ~rtidtfafu'ig,jn any sp'~~j'.al f;Y~bft6 ciifff.yt ~tc;P,OSSess any length of metal, lumber,
··.;•,.;;.,.,. '.•"',':/: •·.• !it~'/'.--'.":'.•:~•..;,· 'r;f;.·.•:::'.· .. • •
wood, or sim_i_[~{'r:,,rnaterial for;;p,urposes ci(~.i~t?Jaying a sign/poster, plaque or notice , unless such
object is one ·a ry~';.9,ne-fou191i:nch or less'!f6 '.{hickness and two inches or less in width, or if not
gener~lly rectarig 'dJ~r,in s.Q~p ~r;s,ych obje'~t l may not exceed three-fourths inch in its thickest
_.,~/ml~ll:~@;~::>,.. .,!f(!:!¾S.~k/:i,;'.~1\:t,/i-;,. '~{t~, .
B. V}QJj{J;pW~--offritN~tf.ti ~; .. ~_nd cci ~~iJ}?ns of ,in(9.f:tp~/6Howing prohibitions_ in this chapter will constitute
anJ 1.;1fr_act1on and shalfdl:1:§,purnsh'e.tl;.as provided for in Chapter 1.08 of this code:
·1 .-,·:·.·,. ·C·::--;-.-,,~~. --~---~4,
1. ·:i'F.,.o)p_articipate in a~;@ ¢jal ev~fit:fw which the person knows a permit has not been granted ;
·-:.;~:~.;_~!, ·<~:,:.:::: ··-~-·-;;-L~::.
2. Tci 'kijp~iingly fail to co m ply with ahyj ::ondition of the permit;
·-~ t ,J,.)'-..;,, ,. -',, • ' '
3. For l i~lrti .~ipant in o ?f ~furctator ~t a special event to knowingly violate any conditions or
prohibitki'ri$J::ontained ir:Hhe special events permit; ·,:5--, ~:;:~~ /~❖~--•,.·
4. For any dri;~f:§I:;?. Vf}~J~Jfto drive between the vehicles or persons comprising a special event
when the vehicle~;9f p&:tsbns are in motion and are conspicuously designated as a special event;
5. The police chief ~Jyf /(rohibit 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
Nov. 19, 2019 Item #15 Page 101 of 175
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-ampl ify ing system" means any system , apparatus, equipment, device, instrument or machi ne
designed fo r or in tended to be used for t he pu r pose of amp li fyi ng the sound or increasing the
vo lume of human voice, musical tone , vibrat ion or so u nd wave.
"Sponta neous demonst rat ion" means an exp ressive activity occasioned by ne ws or affairs com ing in to
public knowledge less tha n 48 hours prio r to the activ ity.
"Street" means any place or way set aside or open to. the general public for pu rposes of veh icular traffic,
including but not limited to any berm or shoulder, parkway, pub.!lgparking lot, right-of-way, alley or
med ian . . /.··tWKJi?
"Risk m anager" means the ris k ma nager o r authorized designe•efkf.I,.
<fftf ;ir ··\fl;)~J~:-_
8.1 8 .030 Pe rmit required. _::(/? ,;fi f t-,..,
A An expressive activity event permit is required: prfor to conducting a der'n:c:in ~t ration or other event
with the principal purpose of engaging in exp're{sly_e activity, where the adffyityAnvolves a gathering
of 75 or more persons and any of the following:'\~ \ . .;/;;: . · :::J/s\,
.· .. ,,_-;:;'-;-... . '-~/11.~:;· . t?;,?~~~~--
1. The use of any public park or,.~l~JfK~blic area; ·of /~f/1?:/ ·,;;;:tr, .
2. The use of any street or sidewaik '.iii~t (m anner that dcS'~{s'.h ot comply with normal or usual traffic
regulations or controls. -\~tf:;:·:;:;f¾ftt{}JL. . <t%;f~:Jt:::,. _
B. An expressive activity even t permit is not:teguired"f{:fr::'a:,;Spontaneo1fa -demonst ration t hat meets the
cri teria of Section 8,1:8)Q30(AH f the evenFof qanizer.{?r-ev itlesat leas(four hours prior notice to the
po lice chief of the::'aMe(s), tirt\'e(s),. an d loca'ti6n (sWWHere M ?{M e ot is to be conducted, their co ntact
informat ion, and ifa~:"estimate ofthe ·.number dt ~pers~fi s that wi irb'e" participating.
-~-'.~:~·-'.\{,. /;(;,_~ -~?':f?,f
.g.,c _ Regardless of whethef~'o·:-.e x pres si ve ,activity evenLpermit is required , aAII persons that conduct or
participateTn~an .expressfv,e{;"actiii,1,ty .H:tal }Joes nofl-~fau ire an ex pressive activ ity Eovent permit must .,. -:r.· ,'.r,,-, .. , ;~,~ ... (·,"-•:::;~~--~. •'.,·:_ ... ;:-;:.::;. ........ -✓.·-,I'~·,.,.,,,;,;,,. ·~•,:,:-~..,,
und~-i.t~,&e-'·a1 r ·r~@ft_ple rri'e.ts~~es so fh af~$,'.{~9.t pa!J itlipants and activities comply with all
apf$,H~~ble state ar1ct ,t9:p~J laws'·~~~regulations t .:)\
.~,.~?:;-.~/r • • , •~;.':;J,;:,';,}.. •-,~.~•-',?:-;_,
8 .18 .040 A.l;lPJ.!cat1on. ''?,({:;}:,. -: \-::,,,
'.;\~;t;:;~, ··\:\:}::,. . ·--:~f;~
A A persor'ff.~q 1,1esting an expr~~?ive activ.ity event permit shall file an application on forms provided
·.:::.,: ~-:'":-. '~~;.._,-;:-:{.·.
by the city m~n,A ger. The cit{:Will not process an i ncomplete application unless the appl icant obta ins
a waiver of ap¢li~ble requireffi~nts.
•:;_.. =::~~1:.·;-. ·' ~ :-: ~?:'•·~'.:·
B. The application for '~~;'ex:Rr.~s~'.iye activity event permit shall set forth all of the following information:
.,_.~f·r;~t?::~i ··
1. The name, addres's ;~~mai l add ress and telephone number of the event organizer. If the event
organizer is a non"iridividual or corporate entity. the application must identify an individual that
wi ll act as th e primary contact for the event.
1. The name, address, email address and telephone number of the individual app li cantand the
na m e of any corporate or non individual event organizer, if any ;
a . lfthe even t -organ izer is ·a non individual or co r porate en tity, sa id enti ty mttst identify on the
permit application th e name of its chief office r and the chief officer must sign the p·e rmit
appl ication ;
Nov. 19, 2019 Item #15 Page 104 of 175
EXHIB IT 4
b. If the eve nt o rgan izer is a ·non individ ua l or corpo rate entity , said e nt ity mu st iden tify on th e
permit app lication the name of an in di v idu a l t hat -w ill act-as the pri ma ry con tact for t he
evem,.
2. The date(s), time(s), and location(s) where the expressive activity is to be conductedj
3. A n esti m ate of t he num be r of pe rsons wh o wi ll be partic ipatin g in th e even t
L__lf the event requires full or partial street or sidewalk closures , the applicant shall provide the
following information:
a . · The assembly point for the e•;ent and the -t ime at v,chich peop le will beg in to assemb le ;
b. T he lo cation of t he disbanding area ; ,:<{;;··:
c . The prop os_ed route to be trave~ . J-,:-:.: ·{/
--~~·::..-:.:::,;.;/
§d. Whether the event intends to occupy all or qr;iJY)f pprtion of the streets and/or sidewalks
proposed to be traveled; and (:@\f'·?fh.
]2e . An estimate of t he approx imate numb~r .q/tf~ons ;,;M'.$.'.;;~'.JII be participating in t he e1,ent.
.A prop osed traffic control plan describing how t he appifeaht p ropo ses to acco mmodate
both the public 's no rmal, typi cal, or;:c u'sfom a ry use of an y·<~rdewal k , street, o r pa r king lot
an d t he event. ''.·.··~;->.. ·, '•,:·w~h::,.
§4 . Whether t he event w ill invol ve th e use of v~tiicfe.s . a ni ma:ls·, ·fire w o rks , p\J°t.(;lfechn ics or a so und -
am plifying syste m . .;·,; ,. ··-<:~: '1-. /W:;>,. ·•:,~~~*h
,;.·~;;;·_//; .·,... "'.,: -;·,;:~::; • \,;I' ·-.-~
L_Proof of commercial general °fr~bl litY)r;J$,l:Jrance in a· fq'~n;i ._acceptable to the risk manager (and
additional coverage(s) as appr6;'5f1~ttt6l the, activitiel ci the event), naming the City of
Carlsbad as an additional insured ,~~D.d wi thi~i9oy ~rage Jrn:;~n.t to be determined by the risk
... ,. ,. ' ·,· l•i• ".f -' •,_ ,/: ,•~•• ,
manager accorc;ljn9:J9 ,.t ti~ size and l [~J< _factors 9fJ)iE}/_event. T ti~Jnsurance policy required by ~> -·~:.-~•!'t ... ~·:•·:.~1.'./.:Y.-:-, ··_· ·<--. .,:/· .; ,r<. /:_~ · ·',: ·?·,,·
this section sbalt n·ot be .cancelled , limited or not ;rehewed,witholit 30 days' prior written notice .,"·Y -.r.', ··,:··· '·/.•·:-::.Y, ·J.t'.,.• ,,:~,..:-,z,:/ '-1 .-..-:):;..·,.
has been giv e 6 ~fo the city!:N'btwifhstan di ng'.,tfl'e°'foreg oiri c{:p(6 of of in s uran ce will be w a ived by
'•-~~~:;f-:-. ':•i· •Yn ~,1.~1..-~ ·::.·
t he city m a nage:f':1h,a ny of t t<e·foll ow in g ci fc lim sta nces : -i-3flG
··{,::·~}~.. ,/~~-}~~ .. ,..,r . ~~·:::;.',
a . -~ ·,Tf:Je .. eve nt d cr@ho~::pf,e:sehtsi gnifi ca nV6tibli c lia bi lity or pro pe rty d a mage expos ure fo r th e
•, ,,:_.•.• ••p•,•••t • J', :: •>:•~ • "•.•J:;,:-!.1. ~-H:.,i ,~--• -l--~-~ '.,.•~•,1/..J" •• ✓•/•'_/•
/:·:<:-··_.-,:•_c ,ty;t iased o n a l a-fik ,of pe rsdnakl fl jury ofo;fr-o perty d a mag e cl aim s being award ed aga inst
/,' •,. ·-.-.·· ",·i···••-·, ·,'., "•"•'•·r~-,-~J,',", ~-,~,.,..,,_ •.;..•
{::::.: . . previo us:.'events in 'tf'i e ~bty that arEf sl rn11a r in nature to th e pro posed eve nt: ·.·-.<-~-·-.. ·,:-·•·~·-· -;, ·:<~=J1i·/.. ·~o:.:.
·. -b .. >-. T he a pplica rit°iigrees td<re cle sign or reschedule the pe r m itte d event to re s po nd to spe cifi c
. .,,.,,_, .. · ... :-,'. ;,,. . -~..:._;: ,•'..(--
-_: >ri s ks . hazards or·;dang ers t'O::f f.\.e pu b lic he a lth a nd safety ide nti fied by th e ci ty manage r as
· .:~b~ing re a sonabl y ~6reseeab l0lf~nseq uences of t he ev e nt: or
·•,·-~.-1-:~::-\·.✓•:·~:._
c . The~applica nt agre'.es :t o inde m ni fy, protect, defend a nd hol d ha rmle ss th e ci ty, it s office rs
'··,,',•,//, ~/r;r_,-,,1
a nd em ployees again st a ll clai ms , damages, expense s , loss or liability of an y k ind o r
nature w°ha°t~oetfetf::iir is ing o ut of, or res ulti ng from , t he alle ged acts o r omiss ion s of
permittee, it?~6fff~ers , agents or empl oyees in co nnection with th e perm itted event
5. If t he event w ill imp act the pub li c's ·normal , typical or c ustoma ry use of any sidewalk, street, o r
parking lot , the application s hall include a propose d t ra ffi c con tro l p lan describing how the
a pp li cant pro pose s to acco m mo date bo th the pub lic's no r mal , typ ic al, o r cu stomary use of any
side.wa lk , street, or parking lot and the ev ent.
C. _Th e appl ica nt sha ll ackn ow led g e i n th e a pp licati o n that if C ity p rope rty is destroyed o r damaged by
permittee's use . eve nt o r acti vi ty and the damage or d e st ru ctio n is di rectly attrib uta ble to t he
permittee , the perm ittee shall re imburse the C ity for the actua l re p lace men t or repa ir cos t of th e
destroyed or dama g ed p ro pe rt y.
Nov. 19, 2019 Item #15 Page 105 of 175
EXHIBIT 4
Q_,___ The application shall be filed no later than two days before commencement of the event.
£G. 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 Pe rmi t a pp ro v al o r 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 ci ty manager shall
issue the expressive activity event permit unless the city ma_nager finds that approv i ng the
permit would be contrary to the public peace, health , saf~fy/i >r welfare for one or more of the /:,:·e
following reasons: l}/fc
a. The event will unduly interfere with ingress ts:i{~-~~ijr,~.ss from , or travel on a freeway or
:{;••~r :'F•,,,-• •.;-:,;",:;~·
state designated highway ; -\>.:· \ '-;
b. The event requires a temporary street d Jsµr~ that wi1T'uH'tj \.llY interfere with the orderly
j. ,1/,,-, .• ::,-:,, I.· {.r; ,•
and safe movement of traffic or th y;·p:i;'.6.y}gion of public servic.~q, and the applicant is
unable or unwilling to modify the J$:$&fs scope , location , da t~}%:n ~. or duration to
minimize such impact; ':•:;)~?(Q;,, 0 :;t:, ''~\t~ :., -
c . Due solely to the number of event pa rt fc,p a nts arfft 11:\'e ir impact on no'fitl al traffic or ?, . ..,.,,,,.,.,,_,. ','-i'•I'.· ¥,.,,.... ·'·, . .,. •
pedestrian flow, t+he eyW~)~j ll require a s1 9t1,\fi~?,'.nf diversion of police''o fficers such that
police protection for othJ(~}g~s ~9f.the city n{fy~fi.~"_adversely impacted, and the applicant
~,1/.:~;!, ",~•~.,t,,.'•$"~'.'',-. •l.•;0..-rJ.
is unable or unwilling to modify t he··ei e,nt 's scope m {~tion , date, time , or duration to . . . . . ~:t~·-:·. ~-·.··~tf~J;;,._~. ·:~:;~J(?;t-. mm1m1ze such impact, or ,,(.,;,:,. -•,,-;;?-:.-:-, •,;::.-.,,.r.,,.
•J'-1"'-~ Y(".r · •./ • •. ~,.,·: ,z,.../,•.,~
d. The anticipat~f:iil.J rnber of ev'e}ftt:particip~i:ftf'4ould exce~q . the safe capacity of the f)-1:IDliG
.,_\::,:·1~,;;;r:•;:-;.-!'3~•~:•.~'.;-~;~,.._ r--,,~-'.(,;<•. ,;-·:.•,,-"{;/.~-~:'/-~:;1/,.,:.-, 1.:,~
b eac~"1::pyplic par~er:-other publi'c;:a rea ;ifl,~:bli c Wq~e;~"t,ay, street or sidewalk where the
eventTt1r~Eosed. "•?{[j?} '{/}1;~'.f:;• ~-::;?-4
The c ity manag er may imptl$e;qond it[q#s .. .on approval _.pf.the ex pre ssi ve activ ity event pe rm it as he o.r she -~_,,.,.,,.,,.,._ /-_~',;,.•,1;·-•-•,,;,,-;.-. ~-• .. _ •• ,
determin _e_s __ ~WR~J~?.§P~~ably ·r,:~~~:~~HMfir.-t_~he -~~_if peace , heal th, safety , or welfare .
,_.,.,._ ,·. "• ,1 _...-,._, r.~., ":•·~, ___ ,,. '/.J •,1·-'-~T. ,,..-.,.9 ••'Y. •, ~ ;-.• ,-,
2 .. .T he'.d tyritl'arfag.er.may 1fhµ•o:se conditiehs~Pn.ap·pfoval of the ex pres si ve activity event permi t as
{~h:~JBr sh e dete 'ri'iifii~s-.to b~{;r.~~s o nably n'E12es~'ary to protect the pub lic peace , hea lth , safety , or
·w~i far e. In impo_sincF~Ud h con diti6r.1s, the city manager may not c onsider t he message 0f the eve nt.
the<E56 ntent of the sp ~et h, the iclertfity or assoE:iational relat ionships of the appli cant, or to -any
assu rffo tfoms or predictidi.fsfas the an:i'o\.mt of host il ity whic h may be aroused in the public by t he
co ntent 6f:th'.e speech or ri'i:~s-sage co nveyed by t he event. -
-,•?~~\\;-, ?{):;
3. Th e city ma ria'.qer:. wil l acf::pfo mptly on a t imely fi led and comp lete appl ication and will make a
determination n·dr ;i&ss _ti{~f.t;6ne calendar day prio r to the even t. Any permit denia l shall be made
in writing. .. <tt;~r~?-··
. ,·,, ..
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 receip t of the denial by filing a
written notice with the city clerk and a copy of the notice w ith 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.
Nov. 19, 2019 Item #15 Page 106 of 175
Exhibit 5
I.Determination of Permit Requirement
An expressive activity eyent 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; c1nd
• 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 riot 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 ofapplicable
requirements, 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).
3.Application Review
As soon as feasible after receipt of a complete application via email, the Watch Commander shall
notify tt:ie 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@CarlsbadCA.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 .
Nov. 19, 2019 Item #15 Page 109 of 175
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 waiver 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 requirements have been met or waived.
Nov. 19, 2019 Item #15 Page 110 of 175
Exhibit 5
Waiver of Permit Requirements/Additional Conditions
The Watch Commander may waive any of the permit application requirements where circumstances
make it impractical o_r 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
Nov. 19, 2019 Item #15 Page 111 of 175
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 fou r 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 tha t 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:
Th is 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 Act ivity Event Permit Application
Nov. 19, 2019 Item #15 Page 112 of 175
( City of
Carlsbad
I INTRODUCTION & INSTRUCTIONS
EXPRESSIVE ACTIVITY EVE NT
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
Expressive activity includes conduct, the sole or principal object of which _!~J fr~}xpression of opinion, views, or ideas.
Expressive activity includes, but is not limited to, public oratory and di~JfI9.@ 6-n of literature .
,-::~·%;; F~?~~~-~~·-
A spontaneous demonstration is not required to obtain an expres~.ii~ti:fJf{f ~y~nt permit if the event organizer
provides at least four hours' notice to the police chief of the cj.at~.(s);:time(s), ·a0@)9.cation(s) where the event is to be
conducted, and an estimate of the number of persons that_.w\!C~e ·participating ."'A'J ii~r.itaneous demonstration is an
expressive activity occasioned by news or affairs coming -1hto,.p\J blic knowledge les s;·i~i h ;4 8 hours prior to the activity.
For spontaneous demonstrations meeting these criteria/pl ~a se contact: Ca rlsbad Pol iW!:&~P,a rtment: 760-931-2197. . ' f >. •' ,·/; '•'\@i:;:;:. . .
Carlsbad Municipal Code (CMC) Chapter 8 .18 outlines the pe'r'm itting req oirefu ents for an e><'pi'es·sive activity event .
/.·.'·'1'/. /.\ ,:~,>•.>~'.,''{/' ~"• .... ..,.,, .• _ ... ..,
Please review Chapter 8 .18 before completi,!)~?$,b)s application. ·-.;;;:J;;f:i%~i{P' ·•:\j{f'
~;~~t.J~~~fi;~t:·.·~ ·,::~ttti%:f/ ,1
,
You must submit a complete application, inc fu}lJhf:~lfl e,quired attac~ilif ot §J to the City at least 2 days prior to your
proposed expressive activity event date. You a}t:~i rol{l/~hcoµraged tc!'rtbmit your application as early as possible ,.,;;-~' • •, ' /• .,;:,.:,,r.;. . . ~:~. • •
so that any application errors may be corrected 8v.J p js dea d ll~_e/}b~ City is ·K9 fr~_quired to review incomplete
applications. The City will act dri"~bljl pl_ete applicatiqr{~,no late rf~f1 if9 0.~ day 1:rr io ,f)p the proposed expressive
activity event date. Any pef;rh i(al~',iwi:11 .pe made iri'W riting ,~.{::Jt>:flltr.,.. ·•·· . .
:::}}i(' -.. ?%\ .<{i}r:i}·'/ ·-\~%i:k0i?
Submit your application to:·-:\• City of Ca fl~b.ad Police De P.'.a{(ment
-~ .. ·,ti!·. ,,.·.v.•· , :~v:·,t~
·· \~~!tt;ntioqf~~t~~ Commanq~'t:;: .
. ,1 .· .. w, ...... ,. lrf p er.sd it::Jt sSt'.ft>r ion Way, 'Carlsbad, CA 92010 '-..;:7. ~ .. ~~~,;.. ~lr~,•~• , "•/..::-.:•:~,; ~~f;":(>:.~,;_. • •'••=•:~~:f~'::, ),;{;., <:f~,';,'f.•,,
,.~:_;;::>5~t~:;:(:~;,{:;:'.-~.:;:,h:,. Ema1l:-::J~ol iceExp tessive Activ ity@€a rl sbadCa .gov
.,,))~f;:'-?r ···•:·:•r{;:}i;-~f hon t (~'.4?J\ours): 760Jg·~)~.~1f f .
?f.J. . . : ~:s'1:1siness t ln'e·:-760-931-21dcf .. ••:•:•;❖;~~; • ;,;•~~/~•;•, '.~•••~~~J'.•r•
·:~It<::-. '(Ef.6.'b i/ and Busibess line monitored during regular business hours only. If the
···~:i.{:/::\, ai}J}ht ation is ;utfh1tted outside regular business hours, please notify Police Dispatch
,,:::~~t~iiI:t.. at 16,~!~:-2191.t <
I APPLICANT/ ORGANIZATION INFORMATION
APPLICANT NAME \•~-~iJJ>:;,.,·,d~@F
(Applicant must be the event o;;g:RJJ;·r)
Street Add ress: _________________ City: _________ St ate:_ Zi p : ___ _
Phone: ______________ Em ail : _______________________ _
PRIMARY CONTACT _______________________________ _
{Only complete if Applicant is a non-individual}
Nov. 19, 2019 Item #15 Page 113 of 175
EXPRESSIVE ACTIVITY PERMIT INSURANCE CHEC KLIST
EXHIBIT6
(city of
Carlsbad
As soon as you begin to plan your event, review your insurance policy exclusions and prnvide the City's
insurance requirements to your broker to determine whether there is coverage for all activities planned
and insu r ance documents can be provided to meet the City1s requirements.
Insurance requ i rements depend on the risk level of the event. As a general rule, the City of Ca r lsbad
requires a minimum of one million dollars in liability coverage . Events with higher risk levels require
additional insurance coverage in the form of higher limits and/or multiple policies if all activities cannot
be cove r ed by one policy. Contact the Risk Manager at 760-602-2470 for any questions about the
required amount of coverage.
THE FOLLOWIN G INSURANCE DOCUMENTS MUST BE SUBMITTED:
Certificate of Insurance
Complete the checklist below for the policy required for the event. This document is a statement of the
coverage in place but does not extend coverage or any other rights to the City or any other party.
Endorsement to the Policy
Complete the checklist below. Th is document adds language to the insurance policy that is required by
the permit. An example is the requirement to make the City an additional insured on the insured's
policy.
CERTIFICATE OF INSURAN CE
D INSURED: The "insured " listed must be the party or entity legally respons ible for the event.
D LIMITS : Minimum per occurrence limit needs to be $!million or higher depending on type of event
involved .
0 POLICY EFFECTIVE AND EXPIRATION DATES: Date(s) of the event must be within "policy effective" and
"policy expiration " dates .
D DESCRIPTION OF OPERATIONS: The event needs to be accurate ly described (e .g., name, date) with no
restrictive language regarding the city's cove rage.
0 CERTIFICATE HOLDER : List as: City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA, 92008
ENDORSEME NT (must be acceptable t o the Risk M anager)
D NAMED ADDITIONAL INSURED : The City of Carlsbad, its officers, employees, volunteers and agents needs
to be shown as additional insured.
D POLICY NUMBER : General Liability pol i cy number on endorsement is present and matches the policy
number on insurance certificate
E,;pre ssive A ctivity In s urance Checklis t, Revise d 4-5-19
Page I of 1
Nov. 19, 2019 Item #15 Page 117 of 175
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. City
of Santa Monica, 450 F.3d 1022, 1037 (9th Cir. 2006). "The failure to satisfy any single prong
of this test invalidates the requirement." Grossman v. City of Portland, 33 F.3d 1200, 1205 (9th
Cir. 1994). Several provisions of the ordinance present significant problems under this test.
1. Necessity of permit
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 govern.mental 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. Bergerv. Ciry 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 comm.on 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.
CMC § 8.17.020.
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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 BombJ~ 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/y implicate the
governmental interest in enforcement of established traffic regulations") (emphasis in
originaD. 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 1\letwork v.
Ci!J oJLong 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, Berger, 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 c9mply 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. Chimgo Park Dist., 534 U.S . 316,318 (2002). The issu,e 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).
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requirement violates the First Amendment because it applies regardless o f 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 "PJawful picketing," "[f]w1eral proc_essions," 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 vie\vpoint." 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." Ciry efLadue
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 of
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.l7.060(B). To the extent a permit may be validly required, the 90-day requirement is
unconstitutional with respect to expressive activity. Santa Monica 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." Stonewa/1 Union v. Ciry of Columbus, 931 F.2d 1130, 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 .
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Any claims about the City's limited resources do not justify an unconstitutional
advance notice requirement. S1dlivan 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 . 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 Lmg
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 "50 or less persons. "3 Id. Second, it requil;es 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 likely
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" even ts 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.
3 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 te1m
"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.
Nov. 19, 2019 Item #15 Page 122 of 175
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Long Beach Arca 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. Cj 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 Forsyth 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 of 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 Forsyth
Counry, 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 § 8.17.0BO(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, "[ijn 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." Forsyth Counry, 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 "fp]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 Forsyth
<;otmry 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
Nov. 19, 2019 Item #15 Page 123 of 175
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EXHIBIT7
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 Staies 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 For[Jth
Counry, 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 R~~ion, 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." Stone111all Union v. City of Columb11s, 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.
Njord, 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." Long Beach
Area Peace Nehvork, 574 F.3d at 1017.
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EXHIBIT7
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 struck 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 involved 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, 57 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, 57 4 F .3d at 1040.
Second, it requires the permittee to indemnify the City for its own conduct, and
"pennittees 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 permittee." 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. \Vhen
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
Nov. 19, 2019 Item #15 Page 125 of 175
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August 1, 2018
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EXHIBIT7
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 d av idloy@a clu saodiego.o rg . 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 lunits 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
Nov. 19, 2019 Item #15 Page 126 of 175
Celia A. Brewer, Esq.
January 29, 2019
Page 2
EXHIBIT 8
protects "artistic and literary 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. City 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 arbitrru.-y 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 activityt the draft ordinance unconstitutionally discriminates on the basis of content.1 Cf
Santa Monica Food Not Bombs v. City 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, 574 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 "unnecessary." "The First Amendment
prohibits the vesting-of such unbridled discretion in a government official." For!Jth County v. Nationalist
Movement, 505 U.S. 123,133 (1992); see also NAACP, W Region v. City of Richmond, 743 F.2d 1346, 1357
(9th Cir. 1984) (holding city's discretion to waive advance notice requirement "if J.t finds unusual
circumstances" violated First Amendment because "[u]nfettered cliscretion to license speech cannot be
l~ft to administrative bodies"). ·
3. Responsibility for conduct of others
The draft ordinance improperly mal~es "[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) (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
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 Bombs, 450 F.3d at 1057. ·
Nov. 19, 2019 Item #15 Page 128 of 175
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 cow:se of the entire protest.").
\ {4-Content-based permit conditions
1n 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.ryth Co1111ty, 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 "~]isteners' 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. Njord, 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 o/ San Luis Obispo v.
City of 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); cf 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.ryth County, 505 U.S . at 130. Under the draft ordinance,
an expressive activity permit is not required for a sidewalk or street uruess 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 of 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
Nov. 19, 2019 Item #15 Page 129 of 175
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(8)); and the insurance requirements (CMC § 8.18.040(8)(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.
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Expressive Activity
Digital Public Input Results
VIEWS PARTICIPANTS
1,930 539
RESPONSES COMMENTS
3,191 393
SUBSCRIBERS IMPRESSIONS
83 0
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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 right to 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 ideal
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 s_peech, 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
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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 assembi e 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.
25daysago
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-Ccix v. New Hampshire
1951 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-Comite deJornaleros de Redondo Beach v. City of Redondo Beach, California
2012 -Stahl v. qty of St Louis, Mo.
25 days ago
No limits on our constitutional right to peacefully protest
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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, aga i n so long as we are not breaking already long-estab lished 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 i ntrusion 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 75 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 assign ing a specific number is just not
reasonable for a gathering that may 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 .
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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 tax payers.
24daysago
I think the group si ze 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 so 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 o'rganlzed 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.
24days 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
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Freedom of speech people! It's the 1st amendment of US Constitution! It also means freedom to gather, good or bad .
25days 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.
29days ago
Large groups easily become disruptive. They should have to reimburse city for fire and police ex penses. 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.
24daysago
This is significant amount of people and permit should be required, and city services might be needed to enforce
"peaceful" protest.
one month ago
sons-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 peop le 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 ex pression.
one month ago
The number should be lower. 50 was too high.
one month ago
There is no logical difference between 50 and 75. lfit'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
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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 fe·es 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
22daysago
Why remove neighbor notification? I'd like to know beforehand if a protest will be happening along my street ...
22daysago
This is ridiculous and we don't need these restrictions .
22daysago
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 requi ~ing 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.
22days ago
hello
22daysago
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 tjiffe rent 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 ls fine, but property destruction exemption is not reasonable. The organizers must be held accountab le 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
Fi rst I think the City of Carlsbad should ma ke a greater effort to inform the publ ic 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
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Policing the# of participants both before and during an assembly is nothing morethan _an opportunity to limitfree
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. lfrequiring·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 bei ng less restrictive of free speech . Number 2 should be thrciwn 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 protesters could take advantage of this.
23 days ago
You cannot always plan for how many people will show up.
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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 dent have any problems. Even if we did dent 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 inslghting 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
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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
24daysago
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.
24daysago
Home birthday parties any family party PERMIT???? NOOOOOOO
24days ago
Sounds like a good change
24daysago
Why the changes .. Is there a problem with the current requirements
24daysago
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.
24daysago
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.
24days ago
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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 Sk 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.□
24days ago
It creates an unreasonable damper on free speech/ex pression, 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.
24daysago
It appears to lesser of 2 evils. Both put restrictions on our 1st admendment rights
24daysago
I believe the city will not award permits to the public when it's not in favor of politicians .
24daysago
No.accountability for groups that cause damage or costs of city to protect citizens
24daysago
Leave the policy as it is current
Don't make it easier for groups to stage protests in our city
If we wanted to live in a liberal protest city we would move south to Encinitas
24daysago
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?
24daysago
Hey, big crowds require planning, "nut-job group" separation (sorry but some can be hate groups) and police .
24daysago
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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 ex press sorrow and anger, we don't need to add to this by havi ng police ticketing/ arresting
people.
24daysago
Must maintain control of city property for good insurance reasons to protect the public good .
24daysago
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 SO is more appropriate
24daysago
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 abllity 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 ex pressive activity.
25 days ago
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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 nulssance 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 ex pense 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 the[Tl.
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 ex pressing 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 15 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
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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.
25daysago
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 dose 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. Par.king 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 planne.d 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 thi_s 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.
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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 enforcem.ent 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
"e xpressive 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 knciwthis 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 responsi bility 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 a_n 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 1 O 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 protesting in a "controlled" environment. I also hope police will be present
and a_ct 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
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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 interruptfons 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. Re-strict 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
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How long after a current event should ex pressive 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
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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, ~ut 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 shouti ng "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
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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
27daysago
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 same 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.
24days ago
To maintain peaceful order.
22daysago
2 days is not sufficiehttime to notify neighbo_rs of a large gathering.
22days ago
I want a permit
22days 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
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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 .
23daysago
We have a right to Assembly without restrictions ..
23 days ago
No permit should be required.
23 days ago
I chose 'strongly d isagree' 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 ex pression.
Survey responders are left with the choice of participating by choosing answers that do not represent thei r true
response, or not responding at all .
23 days ago
More t ime 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.
24daysago
How long will It take to be ok'd?
24days ago
The public and police should have longer to prepare
24daysago
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
24daysago
Are the 2 days "business days" or "calendar days"?
24days ago
No permit for news events
24 daysago
Too short of a t i me
24daysago
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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
25days 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 ifs 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?
27days ago
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Five days should be required so people have time ponder their possible over reaction .
29daysago
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 r iot 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 i ndividuals 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 not appear at the snap of the
finger nor are they without cost.
Like it or not, the City is responsi ble 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
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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
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Permit applicants should pay for the additional police and emergency expenses resulting
from their activity.
7% no opinion
18% disagr
26% strongly disagree
8 strongly agree 137 ~
~ strongly disagree 88 ~
8 disagree 63 ~
8 agree 41 ~
G no opinion 23~
352 respondents
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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 sayln
27days 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 mas ks during ex pressive activity events.
one month ago
Prohibit the use of masks and face coveri ngs during protests and demonstrations at Express'ive Activity events.
one month ago
Stop the restrictions for political speech .
one month ago
The re 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
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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 Par k officials push gatherings to an area in the
back that overlooks my neighborhood. All events of SO or more people, including expressive activity, should include
notification to affected neighborhoods.
25daysago
No masks or face coverings.
25daysago
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 guarante_ed
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 Ci!lling a
spontaneous protest a "special event".
26daysago
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 permitt!!d, There was a rally last year at Cannon Park and people had signs
w ith 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 .
29daysago
Providing police and emergency r~sponse 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
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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.
24days ago
I would like the city to prohibit the use of masks/face coverings during protests or demonstrations.
24daysago
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.
24daysago
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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!
23daysago
Left wing mobs are a real problem . They sow violence -in Carlsbad
23 days ago
Are you being sarcastic? I hope so ...
23daysago
At the "Families Belong Together" march, !·saw at leastthree 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 gatheri ngs .. : 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.
24daysago
The right to free expression is guaranteed by our constitution. Paying for insurance is a violation of that right.
24 daysago
Go p~otest in Encinitas!!!!!
24 daysago
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Several of my comments seem to be AUTO DELETED
24daysago
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 onerous 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.
24daysago
I appreciate all of your comments and clear explanations. Thank you.
24days 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
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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
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I think app li cants should be required to have insurance in case of damage to city property or
some other unforeseen cost.
6% no opinion
rongly agree
17% strongly di
17% disagree
8 strongly agree 172..,
G disagree 60..,
G strongly disagree 60 ..,
G agree 50 ..,
B no opinion 21 ..,
363 r es ponde nts
76 Comments
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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?
23daysago
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
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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.
24daysago
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.
25daysago
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 ta x 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.
24daysago
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 th_eir
own infrastructure to fund insurance policies.
24daysago
Poor people also enjoy the right to free speech according to the US Constitution .
24daysago
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People choosing to hold an event should be responsible for any damage that is incurred by their group.
24daysago
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 aga in, Carlsbad does not have a history of issues with gatherings. No justification foie restrictions.
24 daysago
Very well said.
24daysago
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.
25daysago
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 th.eir 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 limitatio_n of speech .
27daysago
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)
27daysago
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
Dant have cost figures.
23 days ago
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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
Letthis 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 Ex pression. 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 MELROOS 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 SIPP LIES, GAS
AND UNIMPORTANT ISSUES AS THIS, ICAN TOTALLY PAID FOR THE INSURANCR FEES.
24daysago
Too much risk. Why should the city or homeowners pay for a cause they may not agree with.
24daysago .
Damage to city fields ... will disputes youth sports
24daysago
Private property damage too
24daysago .
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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
proh ibitive for some lower income peop le and that does not seem right to me
25daysago
We are a civil society and need to responsible for our acti ons. If we are planning to bring together a large group there
should be protection to the city and res idents.
25daysago
Vandals are personally responsible for thei r damage.
25 days ago
Charge the people who cause damage.
25days ago
Should be evaluated case by care .
25daysago ·
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
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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
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Where do you live (map will show general area, not your exact location)?
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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
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