San Rafael Municipal Code Ch. 19.40 Expressive Activity in Public Places

The purpose of this chapter is to protect the First Amendment rights of the people of San Rafael to peaceably assemble and/or protest in the city's public places and to establish the least restrictive and reasonable time, place and manner regulation of these activities. It is further intended to provide a coordinated process for managing events to ensure the health and safety of event patrons, residents, workers, and other visitors, to prohibit illegal activities from occurring at the community events, and to create mechanisms for cost recovery and use charges, to the extent authorized by law, while not unduly impacting the viability of events.

(Ord. No. 1998, § 7(Exh. C), 8-16-2021)

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:

A. "Buildings" has the same meaning as in Section 19.20.020(B) of this Code.

B. "Expressive activity" means conduct, the sole or principal object of which is the expression of opinion, views, or ideas, protected by the First Amendment of the U.S. Constitution. Expressive activity includes, but is not limited to, public oratory and distribution of literature.

C. "Park(s)" has the same meaning as in Section 19.20.020(I) of this Code.

D. "Permit" has the same meaning as in Chapter 19.20.020(J) of this Code.

(Ord. No. 1998, § 7(Exh. C), 8-16-2021)

A. Except as otherwise provided by the municipal code or other applicable law, rule or regulation, an expressive activity permit shall be required to be obtained from the police department for following:

1. Any activity or event with the principal purpose of engaging in expressive activity, on city owned, controlled, or maintained property, where the activity involves a gathering of one hundred (100) or more persons, or involving fifty (50) or more persons at the San Rafael City Plaza.

B. Expressive activity permits shall not be required to be obtained from the police department for the following types of activities:

1. Any expressive activity on city owned, controlled, or maintained property involving less than one hundred (100) persons, or involving less than fifty (50) persons at the San Rafael City Plaza.

2. School grounds are exempt from the requirements of this chapter.

3. Spontaneous events which are occasioned by news or affairs coming into public knowledge less than forty-eight (48) hours prior to such event may be conducted on (1) city property surrounding City Hall, (2) the San Rafael Plaza, (3) city sidewalks as long as the spontaneous event on a sidewalk does not impede vehicular traffic, or (4) the full public right-of-way, only if authorized by the chief of police and city manager in the interest of community health and welfare, without the organizers first having to obtain an expressive activity permit, if the event organizer provides at least four (4) hours prior notice to the chief of police 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. Events which require advance planning such as recreation events, competition/contests/spectator sports, fairs, festivals, carnivals, ticketed events, sales/trade shows or events which require a permit from the San Rafael Parks and Recreation Department shall not be considered spontaneous events.

(Ord. No. 1998, § 7(Exh. C), 8-16-2021)

A. To receive an expressive activity permit, a person must complete and file an application with the police department on a form approved by the city. The applicant must provide the following information:

1. A description of the proposed use, event, or activity.

2. The street or other public property and the specific area or areas thereof which will be utilized in connection with the proposed use, event, or activity.

3. The manner in which the public property will be utilized.

4. The date or dates and the specific times thereof, including set-up and tear-down, that the public property is to be utilized for the described use, event, or activity.

5. The name, address and telephone number of the person, entity, or organization sponsoring or conducting the proposed event.

6. The name, address and telephone number of the person or persons to be contacted regarding the application or permit.

B. The application shall be filed no later than two (2) days before commencement of the event. The police department shall review and issue or deny the application within one (1) day of receipt of a completed application.

(Ord. No. 1998, § 7(Exh. C), 8-16-2021)

A. Subject to the criteria for denial set forth in Section 19.40.060, the police department shall issue an expressive conduct permit if it is determined that all of the following criteria have been met:

1. The proposed use of city property is not governed by or subject to any other permit procedures provided elsewhere in this Code.

2. The preparation for or the conduct of the proposed activity will not unduly impede, obstruct, or interfere with the operation of emergency vehicles or equipment in or through the particular permit area or adversely affect the city's ability to perform municipal functions or furnish city services in the vicinity of the permit area.

3. The proposed activity does not otherwise present a substantial or unwarranted safety, noise, or traffic hazard.

4. The proposed event will be of a nature and size appropriate to the proposed venue, location, or site, and will occur during a time period approved for that venue, location, or site.

5. The proposed event will not include animals except pursuant to regulations regarding animals in parks set forth in Chapter 19.20 of this Code.

6. A transportation management/parking plan has been approved by the city for the event to the extent such a plan is deemed necessary by the city.

B. In deciding whether to approve an application, no consideration may be given to the message of the event, the content of speech, or the identity or associational relationships of the applicant.

(Ord. No. 1998, § 7(Exh. C), 8-16-2021)

The police department shall deny any application for an expressive activity permit or revoke a permit if the department finds any of the following:

A. One (1) or more of the approval criteria specified in Section 19.40.050 is not or can no longer be met.

B. The applicant has knowingly made a false, misleading or fraudulent statement of fact to the city in the application process.

C. The application does not contain the information required by this chapter.

D. The application does not satisfy the requirements of this chapter.

E. The applicant fails to comply with any conditions of approval including, but not limited to:

1. Remittance of fees, charges or deposits,

2. Submittal of an indemnification agreement and/or proof of insurance for the event as required by the city;

3. Timely receipt of all required approvals; and

4. A condition that if city property is destroyed or damaged by reason of 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.

F. The applicant has damaged city property and has not paid in full for such damage or has other outstanding and unpaid debts related to a prior community event permit issued by the city.

(Ord. No. 1998, § 7(Exh. C), 8-16-2021)

Expressive activity permit application fees and other additional fees and charges, including neighborhood notification fees, for the use of city streets or other city-owned or controlled property pursuant to this chapter shall be established by separate resolution of the city council.

(Ord. No. 1998, § 7(Exh. C), 8-16-2021)

An applicant may appeal the denial or revocation of a permit by providing the city manager or designee written notice of appeal within five (5) days of the denial. The city manager or designee shall hold a hearing within five (5) days of the filing of a notice of appeal, at which time applicant may present any and all evidence, testimony, and information relevant to the city manager's decision. The city manager or designee, within five (5) days following the appeal hearing, shall issue a decision. The decision of the city manager or designee shall be mailed or delivered to the applicant and shall be final and binding.

(Ord. No. 1998, § 7(Exh. C), 8-16-2021)

It shall be unlawful for any person to interfere with an event permitted under this chapter by engaging in the following acts when done with the intent to cause interference:

A. Blocking, obstructing, or impeding the passage of participants, vehicles, or animals in the community event along the community event route.

B. Walking or running, driving a vehicle, riding a bicycle or skateboard, or using any similar device through, between, with, or among participants, vehicles, or animals in the community event.

C. Dropping, throwing, rolling, or flying any object toward, among, or between participants, vehicles, or animals in a community event.

(Ord. No. 1998, § 7(Exh. C), 8-16-2021)

Each permittee shall execute a hold harmless agreement in a form approved by the city agreeing to defend, indemnify, and hold harmless the city against losses and liabilities incurred from the conduct of the permittee or its officers, employees, and agents.

(Ord. No. 1998, § 7(Exh. C), 8-16-2021)

A copy of the expressive activity permit shall be displayed at the community event site and shall be exhibited upon demand of any city official.

(Ord. No. 1998, § 7(Exh. C), 8-16-2021)

The city manager, or designee, 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.

(Ord. No. 1998, § 7(Exh. C), 8-16-2021)

Any person who intentionally violates any of the provisions of this chapter shall be guilty of an infraction. Violations of this chapter may be enforced pursuant to any laws and remedies available to the city including but not limited to enforcement as an infraction and/or public nuisance pursuant to chapters 1.42, 1.44 and 1.46 of this Code.

(Ord. No. 1998, § 7(Exh. C), 8-16-2021)