Background 

The right to engage in expressive activities is protected by the federal and state constitutions. However, local governments may put reasonable restrictions on these activities to protect public health and safety and ensure effective management of city facilities. The new permit process would cover activities meant to convey an opinion, views or ideas, such as a protest or distributing literature.
 
Currently, expressive activities on city property are covered under the city’s special events ordinance and groups of 50 or more people must have a special events permit. The new approach creates a stand-alone ordinance just for expressive activities and would require groups of 75 or more people to obtain a city expressive activity event permit. A permit would be required for expressive activities using city property, such as the use of public parks and public beaches, and streets and sidewalks if the participants do not follow traffic laws. 
 
Below is a summary of the main parts of the proposed permit process.  Read the proposed permit process in full.
 

Required Notice

Groups needing a permit would have to submit an application at least two days before the planned activity. Applicants would not be required to notify those living and working in the surrounding area.
 

Insurance

Applicants would need to purchase insurance coverage for the event. Insurance could be available through the city’s insurance provider. The applicant would pay the insurance premium. The amount would be determined by the insurance provider based on its assessment of the risk associated by size and nature of the expressive activity.
 

Fees

The city would waive all fees associated with obtaining permit and any costs for police and emergency services needed to support the activity. The applicant would be responsible for purchasing insurance coverage for the event.

At a Glance

 

Today

Proposed

Size of group requiring a permit

50 or more

75 or more

Permit exception for news within past 48 hours

Yes

 No

Permit application due

90 days in advance

2 days in advance

Ability to waive permit deadline

Yes

Yes

Insurance required with permit

Yes

Yes

Applicant must obtain own insurance

Yes

Yes

Park use fee charged

Yes

No

Applicant to reimburse city for police and fire response costs

Yes

No

Neighbor notification required

Yes

No

Applicant agrees to pay for any loss to the city resulting from the expressive activity

Yes

No

Please list your level of agreement with the following statements:

Question title

I think requiring a permit for groups of 75 or more is reasonable.

strongly agree
32%
agree
28%
strongly disagree
22%
disagree
17%
no opinion
2%
Closed to responses | 519 Responses

Question title

How large should a group be to trigger the need for a permit?

More than 75
37%
50
35%
75
16%
Less than 50
12%
Closed to responses | 362 Responses

Question title

Groups responding to current events in the news within the past 48 hours should be exempt from getting a permit.

strongly agree
32%
strongly disagree
26%
disagree
21%
agree
16%
no opinion
6%
Closed to responses | 379 Responses

Question title

How long after a current event should expressive activity be allowed without a permit?

Loading question...

Question title

Requiring a permit application be filed a minimum of 2 days before an event seems reasonable.

agree
30%
strongly agree
26%
strongly disagree
26%
disagree
15%
no opinion
4%
Closed to responses | 373 Responses

Question title

What is a reasonable deadline to file a permit application?

Between 2 days and 90 days
37%
2 days
29%
less than 2 days
24%
90 days
10%
Closed to responses | 334 Responses

Question title

I think applicants should be required to have insurance in case of damage to city property or some other unforeseen cost.

strongly agree
48%
disagree
17%
strongly disagree
16%
agree
14%
no opinion
6%
Closed to responses | 372 Responses

Question title

Permit applicants should pay for the additional police and emergency expenses resulting from their activity.

strongly agree
39%
strongly disagree
25%
disagree
18%
agree
12%
no opinion
7%
Closed to responses | 352 Responses

Question title

What else would you like to share about this topic?

Closed for Comments

Question title

Where do you live (map will show general area, not your exact location)?

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

Question title

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