A.
The purpose of this chapter is to regulate expressive activities and expressive events in the Town as distinct from solicitation, other special events, and encroachments, to allow the free and safe flow of pedestrian and vehicular traffic, and to protect First Amendment rights. It is the intent of this chapter to respect the rights of free expression guaranteed by the California and United States Constitutions; to constitute reasonable, content-neutral, time, place and manner restrictions; and to impose the smallest burden on expressive activity necessary to accomplish the objectives of this chapter. This chapter shall be construed in light of this intent. A further purpose of this chapter is to promote the Town's interest in regulating competing uses of public fora, in regulating the streets to protect the safety, comfort, and convenience of the public, and in ensuring adequate public safety and other Town services.
B.
It is the legal responsibility of the Town to ensure the free and safe passage of pedestrians and vehicles on the public right-of-way, to ensure free access to public areas, to otherwise regulate and control the time, place and manner of activities that would otherwise threaten the public health, safety, and welfare, while also encouraging the exercise of rights under the United States Constitution and/or Article 1, Section 2 of the California Constitution.
C.
As used in this chapter, "expressive activity(ies)" shall mean conduct, the sole or principal object of which is the expression, dissemination, or communication by verbal, visual, literary, or auditory means of opinion, views, or ideas. Expressive activity includes, but is not limited to, public oratory and the distribution of literature.
D.
As used in this chapter, "expressive event(s)" shall mean any special event organized or conducted solely or primarily for the purpose of engaging in speech protected by the First Amendment of the United States Constitution or Article 1, Section 2 of the California Constitution.
E.
As used in this chapter, "spontaneous event" shall mean any expressive activity and/or expressive event for which preplanning was/is not possible.
F.
As used in this chapter, "Town Manager" shall mean the Town Manager or his/her designee.
G.
Persons engaged in expressive activities and/or expressive events are not subject to Yountville Municipal Code Chapters 5.20 (Peddlers and Solicitors), 8.24 (Special Events), 12.04 (Street and Sidewalk Excavations and Encroachments), or other provisions of this code in conflict with this chapter.
H.
The Town Manager may issue rules and regulations regarding the time, place, and manner of persons engaging in expressive activities and expressive events. These rules and regulations must be posted in a public place and may not be enforced otherwise.
I.
The Town Manager may impose reasonable conditions on any permit issued under this chapter.
J.
Unless a permit is not required under this chapter, it is unlawful and a violation of this chapter for any person to organize, hold, manage, conduct, aid, participate in, form, start or carry on, any expressive activity or expressive event unless there has first been obtained from the Town Manager a permit to do so. The permit shall be carried by a person heading or leading the expressive activity or expressive event.
(Ord. 22-508)