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:
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.
No person(s) shall knowingly disrupt or interfere with any duly
permitted expressive activity.
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.
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
not exceeding $150 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.
