A. 
All expressive activities are prohibited unless written notice and an application containing the following information is provided to the City Manager, in paper form and in digital format acceptable to the City, at least 36 hours before an expressive activity is to take place:
[Amended 4-16-2021 by Ord. No. 0421-01]
(1) 
The character, day, date, time, duration, location, approximate number of participants in the event and the number of organization members or volunteers that will assist in the conduct of the activity.
(2) 
Plans illustrating the location of the activity and the location of any associated items such as tables, tents, etc.
(3) 
The names, addresses, phone numbers, and emails of the persons responsible for the activity.
(4) 
The purpose of the expressive activity and the estimated number of persons and vehicles expected to participate.
(5) 
The names of the participating organization and officers of the organization.
(6) 
Contact information for the coordinator of the activity including cell phone and email.
B. 
The City Manager shall, within 24 hours of receiving an expressive activity application:
(1) 
Approve the expressive activity application and issue a permit; or
(2) 
Deny the expressive activity application in accordance with the standards set out in § 230-13; or
(3) 
Approve the expressive activity application and issue a permit with conditions with respect to day, time, duration, location or other reasonable conditions.
A. 
The City Manager may deny or modify an expressive activity permit for any of the following reasons:
(1) 
The applicant has submitted materially incomplete or false information.
(2) 
Any other articulable content-neutral reason narrowly designed to advance a compelling and legitimate City interest with regard to the expressive activity.
A. 
Any person aggrieved by the action of the City Manager in denying, modifying or revoking an expressive activity permit may appeal to the Mayor and Commissioners by filing with the Mayor a written statement setting forth fully the grounds for such appeal within 10 days of the action of the City Manager. Within 48 hours, the Mayor and Commissioners shall convene an appeal hearing compliant with the special meeting provisions of the Delaware Freedom of Information Act. In the event the Mayor and Commissioners are unable to convene within 48 hours, the appeal shall be heard by the Mayor. The Mayor shall promptly notify the applicant of such hearing by telephone or email, at the telephone number or email address provided by the applicant to the City.
B. 
At an appeal hearing, the applicant and the City Manager, who may be represented by legal counsel, shall be entitled to present such evidence and arguments as they deem appropriate in support of their respective positions, and may cross-examine any witnesses presented. The hearing shall be audio-recorded. The Mayor and Commissioners shall articulate the reasons for the decision. Strict rules of evidence shall not apply to the conduct of an appeal hearing under this section.
C. 
The decision of the Mayor and Commissioners regarding an appeal shall be final.
The applicant shall be responsible for the removal of all of applicant's debris, litter and/or property associated with an expressive activity upon conclusion of the activity. If said debris, litter and/or property is not removed, as required herein, the City shall have the authority to remove it at the expense of the applicant.
Permit expiration. The expressive activity permit shall set forth the time period for which the permit is issued. The permit shall expire at the end of the time period specified in the permit.
An expressive activity permit issued under the provisions of this Chapter may be revoked or suspended by the City Manager, without prior notice, for any of the following causes:
A. 
Fraud, misrepresentations or a material and significant incorrect statement contained in the application for the special event permit or expressive activity permit or made in the course of promoting the expressive activity.
B. 
Failure to comply with any provision of this chapter.
C. 
Conducting the expressive activity in an unlawful manner or in such a manner as to constitute a menace to the health, safety or general welfare of the public.
[Amended 11-21-2025 by Ord. No. 1125-02]
A. 
Failure to properly secure an expressive activity permit, when required, previous to the initiation or commencement of the expressive activity shall be a violation of this chapter.
B. 
For any and every violation of the provisions of this chapter, the person or persons, organization, partnership, corporation, or, other entity required to apply for and obtain an expressive activity permit under this chapter shall be liable, on conviction thereof, to a fine established in the City Schedule of Fees and Penalties,[1] for each and every offense. Whenever such person or persons, organization, partnership, corporation, or other entity shall have been notified by the City that such violation of this chapter is occurring, each day that the violation shall continue shall constitute a separate offense punishable by a like fine.
[1]
Editor's Note: The City Schedule of Fees and Penalties is on file in the City offices.