City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
That the City Council receive and file this report regarding the stay of enforcement of
Council Policy No. 4008, Sections III.B. and IV.B.3 (second and third sentences)
relating to General First Amendment Activities in the Inner Courtyard Area of City Hall.
DISCUSSION:
Through ongoing monitoring of First Amendment case law, the City Attorney’s office has
become aware of recent developments that affect enforcement of the City’s current First
Amendment Guidelines. Currently, Section III.B of the Guidelines for Implementation of
Council Policy No 4008 Regarding Free Speech provides that City property currently being
used (e.g. for a special event) by a particular group or applicant under a permit, lease or
license is not available for General First Amendment activities by other groups or
individuals. Similarly, Section IV.B.3 provides that when the Inner Courtyard is used by the
City or Redevelopment Agency (RDA) the area is temporarily restricted to activities
undertaken by the City, RDA or any co-sponsors of the activity or event.
The federal Ninth Circuit Court of Appeals recently issued a decision which indicates that
the City and private event organizers may not completely exclude other types of peaceful
First Amendment activities (e.g. leafleting and ordinary free speech) from such events if (1)
the event or activity is in a traditional public forum area (e.g. parks, city sidewalks) normally
open to First Amendment activities; and (2) the event or activity is open to the general
public. (Gathright v City of Portland (9th Cir. 2006) 439 F.3d 573.) This case supersedes
case law previously relied on by the City indicating that private permittees could be granted
Meeting Date:06/12/06 Item Number: A-6
AGENDA ITEM: Receive and File Report Regarding Stay of Enforcement of
Council Policy No. 4008, Sections III.B and IV.B.3 Relating to General First
Amendment Activities in the Inner Courtyard Area of City Hall
Contact Person/Dept.: Carol Schwab
and Heather Iker/City Attorney
Phone Number: (310) 253-5660
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [X] Attachments: [X]
Public Notification:
Master Notification List (06/07/06)
Department Approval: Carol Schwab,
City Attorney (by H. Iker 06/05/06)
CAO Approval:
Martin R. Cole for Jerry B. Fulwood
(06/07/06)
City Controller Approval:City of Culver City, California
City Council Agenda Item Report
temporary rights to use public forum areas exclusively for their own First Amendment
activities.
The Gathright decision does not affect permitted events which are closed to the general
public, i.e. events which are open only to members or invitees of the sponsor, such as
private social gatherings, parties or organizational meetings. The decision also does not
preclude the City or private event organizers from prohibiting activities that actually
interfere with or are disruptive of the permitted special event. The City may also continue
to enforce other reasonable restrictions on First Amendment activities in the Free Speech
Guidelines and City ordinances, e.g. requirements that accessways be kept clear.
However, the Gathright decision does indicate that the City may not completely prohibit
peaceful First Amendment activities in public forum areas during times when the property is
being used by another group or for a special event. This rule would also apply to events
sponsored by the City itself if held in areas normally open to public First Amendment use.
As an interim measure, the City Attorney is advising all City Departments to cease
enforcement of Guidelines Section III.B and Section IV.B.3 (second and third sentences)
against individual speakers, leafletters, picketers or others at events on City-owned public
forum areas so long as these activities do not actually interfere with the permitted events or
activities. It should be noted that City permits are still required for assemblies and parades,
use of amplified sound equipment, and setting up tables or displays. These activities would
not be allowed in space reserved for another event without a permit, absent unusual
circumstances or the consent of all permit applicants.
The City Attorney’s office is monitoring the Gathright decision for possible reversal by the
U.S. Supreme Court. The Portland City Attorney’s office filed a petition asking the U.S.
Supreme Court to review the case on May 22, 2006, and is seeking friend-of-the-court
briefs supporting its petition. An opposition to the request for hearing the matter is due by
Gathright on June 21, 2006. As well, any friend-of-the-court briefs should be filed by June
21, 2006. Because the Court will soon take its summer recess, no action on Portland’s
petition is expected before fall 2006. The status of Portland’s petition is listed at
http://www.supremecourtus.gov/docket/05-1480.htm. Once the Supreme Court acts on
the Gathright case, our office in connection with special counsel will then evaluate what, if
any revisions should be made to the Guidelines.
FISCAL ANALYSIS:
There is no fiscal impact.City of Culver City, California
City Council Agenda Item Report
ATTACHMENTS:
Council Policy No. 4008 (including Guidelines for Implementation of Council Policy No.
4008 Regarding Free Speech)
MOTION:
That the City Council:
Receive and file this report regarding the stay of enforcement of Council Policy No.
4008, Sections III.B. and IV.B.3 (second and third sentences) relating to General First
Amendment Activities in the Inner Courtyard Area of City Hall.
MEETING DATE 06/12/06
AGENDA ITEM Receive and File Report Regarding Stay of Enforcement of
Council Pohcy No 4008, Sections HI B and IV B.3 Relating to
General First Amendment Activities in the Inner Courtyard
Area of City Hall
ATTACHMENTS
Pages|109| Council Policy No 4008 (including Guidelines for Implementation
of Council Policy No 4008 Regarding Free Speech 1-21Specific Subject Free Speech Policy and Guidelines
Date Revised
Sh
Effective Date Rev 5
Resolution No 2005-ROA)
CITY OF CULVER CITY
COUNCIL POLICY STATEMENT
General Subject Employees and Officials
Policy Number 4008
Date Issued 11/11/96
Effective Date 11/11/96
Resolution No 96-R118
PURPOSE
To establish a City policy which promotes free speech m Culver City and which provides
guidelines to City Officers, Officials, City staff, agents and volunteers relating to what, if
any, time, place and manner restrictions may be imposed on speech or expressive activities,
in order to allow the City to conduct its busmess
STATEMENT OF POLICY|109| It is the policy of the City Council of the City of Culver City that free speech is a
valued constitutional right of the People of the Umted States and must not be unduly
burdened
2 No restrictions on persons exercismg their nght to free speech may be imposed by
staff or volunteers without the prior review and approval of the City Council
3 The streets, sidewalks and parks of the City are traditional public fora for the
exercise of free speech
4 The grounds of certain City buildings and facilities also provide an appropriate
forum for First Amendment activities that do not conflict with other essential uses of the
property
5 The City may impose reasonable time, place and manner restrictions on persons or
organizations that desire to use City property for expressive activities
6 The buildings, garages, parking lots, maintenance facilities, and employee work
areas of the City are not traditional free speech fora
7 In administering City property, a high priority must be given to First Amendment
activities, while ensuring that such activities do not unreasonably interfere with other
Page 1 of 21
Exhibit A to Resolution No 2005 R
1 1111C T) 11'1 1legitimate uses, including necessary governmental functions and the expressive, recreational
and/or activities of other members of the public Persons exercising speech rights may not
disturb the peace, block public thoroughfares, block pedestrian access in public areas,
physically interrupt permitted activities in public areas such as athletic contests, concerts, or
private parties, or attempt to gain free access to events that charge admission by claiming a
right to speak at such events|109| Staff or volunteers may not require pre-approval of documents for distribution in
public fora|10 9| The City Council desires that events sponsored by the City which occur on City
property will be a venue open to the exchange of the ideas and beliefs of the public Those
who are engaged m non-commercial speech shall enjoy the greatest freedoms subject only
to the restrictions stated m this policy and applicable laws and regulations The City, its
associated orgnnizations and volunteer groups shall be subject to this policy
10 To fully implement the foregoing policies, it is necessary to provide further guidance
to the public and City staff m the form of Guidehnes for First Amendment activities
conducted on City property The Guidelines, attached hereto and mcorporated herem by
reference, together with applicable provisions of the City's Municipal Code, and other
federal, state and City laws, regulations and policies, shall be followed by all City
personnel, including officials, agents and volunteers, m making day-to-day decisions
affecting the public's use of City property for First Amendment activities
(Guidelines on Page 3)
Page 2 of 21
Exhibit A to Resolution No 2005 RTABLE OF CONTENTS
GUIDELINES FOR IMPLEMENTATION OF
COUNCIL POLICY 4008 REGARDING FREE SPEECH
I Classification of City Properties Pages 4-6
II Classification of First Amendment Activities Pages 6-9
III General Restrictions on First Amendment Activities
on City Property Pages 9-10
IV Restrictions Applicable to Limited Public Forum Areas Pages 10-16
V Permit Procedures and Standards Pages 17-20
Map to Section WA — City Hall Grounds Page 21
Exhibit A to Resolution No 2005-R
Page 3 of 21
3GUIDELINES FOR IMPLEMENTATION OF
COUNCIL POLICY NO 4008 REGARDING FREE SPEECH
The follownag Guidelines provide reasonable time, place and manner restrictions and
allow for implementation of the general policies set forth in City Council Policy
Statement No 4008
I CLASSIFICATION OF CITY PROPERTIES
A TRADITIONAL PUBLIC FORUM AREAS
(1) Sidewalks and public walkways Publicly owned and controlled
sidewalks and walkways within the City constitute a traditional public forum for
First Amendment Activities, and shall be open to all General First Amendment
Activities as defined m these Guidelines, subject only to reasonable time, place and
manner restrictions found in these Guidelines, the Culver City Municipal Code, or
other federal, state or City laws, regulations or policies Larger or more mtensive
First Amendment activities, which constitute Regulated First Amendment Activities,
as defined m these Guidelines, shall be allowed on sidewalks and walkways only by
permit
(2) City parks General First Amendment Activities are allowed m
all portions of City parks that are open to general public use, subject to reasonable
time, place and manner restrictions found in these Guidelines, the Culver City
Municipal Code or other federal, state or City laws, regulations or policies, mcludmg
park rules First Amendment Activities shall not interfere with authorized uses of
park property, such as scheduled uses of athletic fields, reserved use of picnic
grounds or uses of park areas intended for specific purposes, e g athletic fields, tot
lots, etc In order to avoid conflicts with other park uses, Regulated First
Amendment Activities in parks are subject to permit requirements
(3) Streets and roadways The streets and roadways of the City
constitute a traditional public forum for certain First Amendment Activities, but
require special regulation because of safety issues and potential conflicts with
vehicle use First Amendment activities on streets and roadways, other than those
exempted by these Guidelines, shall be regulated by permit
B LIMITED PUBLIC FORUM AREAS
Certain areas of City property, e g the grounds of certain City facilities and
designated public meeting rooms, are suitable for some but not all First Amendment
Activities, and require more detailed guidelines for use in order to balance First
Amendment Activities with other necessary public uses of the property The
Page 4 of 21
Exhibit A to Resolution No 2005 Rfollowing City properties are subject to further special Guidelines set forth m Section
IV|109| City Hall grounds (See Section IV A below )|109| City Council Chambers (See Section W B below )|109| Town Plaza (See Section IV C below )
C NON-PUBLIC FORUM AREAS
The following areas are not traditional or designated public forum areas and
are generally reserved for other governmental uses These areas are not available for
General First Amendment Activities or Regulated First Amendment Activities,
except when specifically authorized by these Guidelines, by a validly issued permit,
or by some other specific policy or exemption adopted by the City|109| Intenor Areas of Public Buildmgs All areas within public
buildings, except for rooms or areas specifically designated for First Amendment
Activities Interior areas within public buildings mclude all upper story areas
(including patios, walkways, balconies and landscaped areas), and all ground-floor
enclosed areas attached to public buildings "Enclosed" for purpose of this section
means the area is bounded in whole, or in substantial part, on all sides by walls,
fencing, or other structural barriers designed to limit access to specific doorways or
entranceways Public buildings, as used herein, include buildings leased or
otherwise controlled in whole, or in part, by the City or Redevelopment Agency|109| Designated Employee Only Areas Any area marked as restricted
to employees only
3 Work, Storage and Auxiliary Facilities Any enclosed yard, work
area, storage ground or other facility used for City business that is not generally open
to the public, e g maintenance yards|109| Landscaping Planted or landscaped areas of public property,
excluding designated pathways within such areas Landscaped areas as used herein
means areas that (a) are planted with contiguous or closely-spaced vegetation, other
than grass, (b) are contained within formal beds or other marked boundaries, or (c)
planted or maintained areas that are otherwise fenced or posted to exclude general
public access Landscaping shall also include improvements, such as fountains|109| Parking Facilities Parking areas and structures, except for
sidewalks or other areas marked exclusively for pedestrian use witlun parking areas
General First Amendment Activities are allowed in such sidewalk and pedestrian
Page 5 of 21
Exhibit A to Resolution No 2005 R
'/i-\c T1 1-1•1areas subject to the requirement that a six-foot pedestrian pathway and an eight-foot
distance from entrances and exits be maintained at all times, and that individuals not
attempt to leaflet, solicit or otherwise directly engage persons in vehicles within or
adjacent to the parking area, including entrances and exits
II CLASSIFICATION OF FIRST AMENDMENT ACTIVITIES
First Amendment activities are classified as follows for purposes of these
Guidelines
A "General First Amendment Activities" General First Amendment
Activities are those typically carried out by mdividuals or small groups m a public
forum, which generally require only lirmted or no regulation in order to avoid
adverse impacts on City property or other persons General First Amendment
activities are allowed, subject to the General Restrictions hsted below, in all Public
Forum areas and Limited Public Forum areas without a permit, except as otherwise
specifically provided in these Guidelines, the Culver City Mumcipal Code, or other
federal, state or City laws, regulations or policies
General First Amendment Activities include the following
• Leafletmg and distribution of written materials, other than commercial
advertising, providing no matenal is left unattended,
• Peaceful picketing or assemblies mvolvmg less than 50 participants,
• Display of hand-held signs and hand-held banners,
• Solicitation, subject to applicable regulations or policies,
• Public speech, discussion and debate,
• Circulation of pennons and collection of signatures, and
• Street performances by individuals or groups, which do not involve the
use of any stage, display or equipment requiring a permit
"Regulated First Amendment Activities" The following activities on
City owned or controlled property shall require a permit from the City|109| Parades and Marches Any parade, march or other moving
assembly involving the use of City streets, alleys, roadways, sidewalks or other
public property which require a parade permit as provided in CCMC § 9 06 100 et
seq , as amended, or other applicable regulations or policies
Page 6 of 21
2005-R036
Exhibit "A" to Resolution No 2005 R2 Organized Assemblies, Events, Meetings and Street
Perfoimances that Involve More than Fifty Persons Organized assemblies,
meetings, demonstrations or similar activities or events not qualifying as parades, but
involving a gathering of more than 50 persons on City property (other than indoor
meeting rooms or halls designated for meetings or assemblies) shall require an
assembly permit An "organized" activity or event for purposes of this section
means one that is (1) advertised or promoted in advance of the event by any written
means or by any electronic media, e g radio, television or mtemet, or (2) is
advertised or promoted by oral invitation, word of mouth or any other unwritten
means more than 72 hours before the beginning of the activity or event An
assembly permit is also required for any performance on any outdoor City property
that involves a total of fifty or more performers and audience members at any time|109| Amplified sound The projection of voice, music or any other
sound by means of amplified sound equipment is subject to the restrictions and
permit requirements of CCMC §§ 9 04 020 and 9 07 055, as amended, or other
applicable regulations or policies Amplified sound equipment includes any
electronic, mechanical or other equipment or device used to broadcast or project
sound above normal conversational levels|109| Tables, Displays, Equipment Activities involving the
placement of tables, chairs, stages, props or other equipment used in a First
Amendment Activity, and/or displays of literature, music, art or other written or
recorded materials occupying more than 6 square feet of ground space on City
property shall require a permit The permitting standards for such permits shall limit
such activities to times and locations where the activity will not interfere with
pedestrian access or other normal uses of the subject area Activities involving the
sale of displayed material or merchandise shall be permitted only as provided by
CCMC § 9 08 040 (Use of Sidewalks for Outdoor Display of Goods permit), as
amended, or when incidental to a special event or activity which has been authorized
by permit, license or sponsorship of the City Sales activities are generally
prohibited in City parks and on the grounds of City facilities by CCMC § 9 10 055 I,
as amended This section does not authorize the permitting of any sign, table,
display or equipment that is not attended at all times by the permittee or a
representative|109| Unattended signs and displays Unattended, privately placed
signs or displays are generally not permitted on City property The City may
designate limited areas for such displays witlun specified Lumted Public Forum
areas Privately owned or sponsored displays in such special, designated areas shall
be allowed on a temporary basis by pent only, in compliance with all restrictions
specified for Limited Public Forum areas, as set forth in these Guidelines, and any
Exhibit A to Resolution No 2005 R
Page 7 of 21
2005-R036 7other applicable federal, state or City laws, regulations or policies An "unattended"
sign or display for purpose of this section shall mean any sign or display which is not
accompanied by the immediate physical presence of its owner or another attendee|109| Use of Vehicle Roadways, Streets and Alleys First
Amendment Activities on streets, alleys and roadways open to vehicle traffic are
allowed only by permit Assemblies, parades, marches or demonstrations on public
streets or roadways shall require a permit, as set forth in Section II B 1 above
Special events or activities requiring temporary street closures shall require a street
closure permit This section applies to all activities proposed or conducted on the
surface of any street, roadway or alley currently open to motor vehicle traffic and
median strips of such streets, alleys and roadways, on improved surfaces of public
bikeways, and to any area along streets, alleys or roadways that is closed to
pedestrian traffic This section does not apply to incidental use of cross-walks or
other pedestrian improvements for the purpose of crossing streets by persons
engaged m First Amendment Activities
Other First Amendment Activities
The City's policies are not intended to restrict individual First Amendment
Activities which have no potential to interfere with other legitimate uses of public
property The following activities are not regulated by these Guidelines and may be
conducted freely by persons m any public location, unless otherwise restricted by
applicable federal, state or City law|109| Personal clothing, buttons Nothing in these Guidelines shall be
deemed to restrict an individual's right to wear expressive clothing, buttons or
jewelry, including symbolic or written messages displayed thereon or directly on the
body|109| Pnvate Conversations. Discussions Nothing m these Guidelines shall
be deemed to apply to any conversation, not mvolvmg solicitation, between two
individuals carried out at normal conversational levels, regardless of subject matter
However, this exception shall not be construed to authorize any individual to gain
access to any pubhc property that is not otherwise open to public access for the
purpose of engaging in such conversation|109| Displays on Automobiles or Other Vehicles Nothing m these
Guidelines shall be deemed to restrict the right to display any sign, emblem, bumper
sticker, writing or other display on any automobile or other vehicle, to the extent
permitted by law
Page 8 of 21
Exhibit 'A to Resolution No 2005 R
7005-1R0'364 Property Not Owned or Currently Controlled by the City Nothing in
these regulations shall be deemed to apply to property that is not owned, leased or
otherwise under the control of the City or Redevelopment Agency of the City of
Culver City In addition, these regulations do not apply to property owned by the
City that is leased or licensed for use by any private person for other than temporary
purposes|109| Signs Permitted by Municipal Code or Other Regulations These
guidelines do not apply to signs m public rights-of-way or elsewhere on public
property which are specifically authorized or permitted pursuant to provisions of the
Culver City Municipal Code or other federal, state or City laws, regulations or
policies
III GENERAL RESTRICTIONS ON FIRST AMENDMENT ACTIVITIES
ON CITY PROPERTY
The following time, place and manner restrictions ("General Restrictions")
shall apply to all General First Amendment Activities and Regulated First
Amendment Activities
A Interference with access No First Amendment Activities shall be
conducted in a manner which blocks access or egress to public buildings, grounds or
facilities For this purpose, all persons engaging in General or Regulated First
Amendment Activities shall maintain a distance of ten feet from any doorway or
gateway to any public building and shall maintain a clear pathway of not less than six
feet in width, or
1/2
the width available for passage, whichever is less, along any
sidewalk, path, walkway or passageway between buildings, landscaping or other
features restrictmg general access
Non-interference with other permitted uses The City recognizes that
First Amendment Activities have the potential to conflict with other legitimate uses
of public property, including uses by groups or individuals wishing to orgamze
events or activities for First Amendment purposes of their own Therefore, where
City property has been temporarily or permanently reserved for special use by the
City, another government agency, or by any private person or organization pursuant
to a City-authorized permit, lease or license, the property shall cease to be considered
a public forum area, and shall be considered available only for the particular
governmental or private activity planned or conducted by the public or private
sponsor(s) of the event or activity
The permit, lease, license or other authorization issued for any such planned
use or activity shall designate the boundaries of the reserved area General and
Regulated First Amendment Activities in the reserved area shall be limited to those
Exhibit A to Resolution No 2005 R
Page 9 of 21
2nnc_pn2A
1authorized by the event sponsors for the duration of the authorized activity or event,
subject to any restrictions or requirements of the permit, lease, license or other
authorization governing the activity This provision shall not be construed to restrict
use of any adjoining public forum area for General or Regulated First Amendment
Activities by any person, providmg only that such activities do not interfere with
access and egress to and from the reserved area
Except where a pent, lease, license or other authorization has been issued,
all First Amendment Activities shall be allowed on a first-come, first-serve basis,
unless otherwise provided by City policies, regulations or use schedules govenung
the specific facility or area m question
Compliance with Other Laws All First Amendment activities shall
comply with all applicable provisions of the Culver City Municipal Code or other
federal, state or City laws, regulations or policies Persons engaging m First
Amendment Activities on City property shall also comply with any lawfully issued
order of any law enforcement officer or emergency personnel
IV RESTRICTIONS APPLICABLE TO LIMITED PUBLIC FORUM
AREAS
A CITY HALL PROPERTY (specific areas designated on attached map)
1 City Hall Building Interior Except as otherwise designated by
the City, the interior areas of the City Hall building are not available for General or
Regulated First Amendment Activities|109| Parking Areas Subterranean parking areas of the City Hall are
also not available for General or Regulated First Amendment Activities, except for
marked walkways, where leafleting and signature gathering are allowed subject to
General Restrictions on use of such areas|109| Upper Story Balconies and Enclosed Ground Level Courtyard
The enclosed ground level courtyard and upper story balconies of the City Hall
building shall be available for the limited General First Amendment Activities listed
below only when these areas are otherwise open to public access All such activities
are subject to the restriction that persons engaged in such activities (a) comply with
the specific limitations stated in this section, (b) maintain a distance of eight feet
from all public elevator entrances, exits, stairways and doorways, and (c) comply
with the General Restrictions set forth m these Guidelines, including non-
interference with use of sidewalks, passages and walkways The permitted General
First Amendment Activities consist of the following|10 10| Exhibit A to Resolution No 2005 R
Page 10 of 21
2005-R036a Leafleting,
Display of handheld signs and handheld banners,
Speech, discussion and debate in normal conversational
levels,
Peaceful picketing, and
Circulation of petitions and collection of signatures
4 Grounds The unenclosed areas surrounding City Hall are
available for General and Regulated First Amendment Activities subject to the
following restrictions
a Outer Courtyard and Quotation Corndor areas The
outer courtyard and quotation corridor areas are available for all General and
Regulated First Amendment Activities, subject to all General Restrictions and
applicable permit requirements Any permit for use of amplified sound equipment m
these areas shall require that, during City Hall business hours,1 e weekdays from
7 30 a m — 5 30p m, or any other times that meetings take place in City Hall related
to City business, sound equipment be fixed to radiate sound away from employee
occupied areas of the City Hall, and shall limit sound to a level that is not audible
from within the interior of the City Hall buildmg
Inner Courtyard Area
(1) General First Amendment Activities General
First Amendment Activities are permitted m the Inner Courtyard,
subject to General Restrictions, except that
(1) No tables or other displays shall be placed
less than 25 feet from any entrance or exit to the City
Hall building or stairs leading to the parking area,
(n) No more than two tables or other displays
shall be present at any one time Space for tables or
displays shall be available on a first-come, first-serve
basis However, if an individual or orpnization has
already erected a table or display in the Inner Courtyard
on seven or more days in a calendar month, that
individual or organization shall promptly remove the
table or display upon request of another person or
individual desiring to use the space for a table or display
Exhibit A to Resolution No 2005 R
Page 11 of 21
2005-R036 I(m) Tables shall only be permitted between the
hours of 5 30 a m and 10 30p m
(2) Regulated First Amendment Activities Regulated
First Amendment Activities shall be permitted in the Inner Courtyard
except that no permit shall be issued authorizing the use of amplified
sound equipment during City business hours, i e weekdays from 7 30
am —5 30 pm, or any other times that meetings take place m City
Hall related to City business
(3) Reservation for City Uses Activities or events
sponsored or co-sponsored by the City or Redevelopment Agency shall
have priority over all other uses of the Inner Courtyard When
reserved for use by the City or Redevelopment Agency, General and
Regulated First Amendment Activities of the Inner Courtyard shall be
temporarily restricted to activities undertaken by the City,
Redevelopment Agency and any co-sponsors of the activity or event
This restriction shall not apply to use of the Outer Courtyard or
Quotation Comdor otherwise authorized by these policies provided
that such activities do not interfere with access or egress from the Inner
Courtyard
Apron of City Council Chambers General and Regulated First
Amendment Activities are permitted in the Apron area adjacent to the City Council
Chambers, subject to the General Restrictions and the further requirement that all
such activities mamtam a distance of eight feet from the City Council Chambers
entrance at any time the Chambers are open to pubhc access Any permit for use of
amplified sound equipment m this area shall require that, during use of the Council
Chambers, sound equipment be fixed to radiate sound away from the Council
Chambers, and shall limit sound to a level that is not audible from within the mtenor
of the Council Chambers
Adjacent Sidewalks Nothing m these policies shall be
construed to restrict General or Regulated First Amendment Activities of the
sidewalk areas adjacent to the City Hall grounds as shown on the accompanying
map Such areas retam their status as a traditional public forum subject to the
apphcable restrictions set forth m these Guidelines
B CITY COUNCIL CHAMBERS
_ The City Council Chambers are intended for the conduct of the business of
the City Council, Redevelopment Agency and other City decision-making or
advisory bodies in a setting open to the public Consistent with this purpose, the City
L
Exhibit A to Resolution No 2005 R
Page 12 of 21
9ffli-R016Council Chambers also serve as a forum for allowing members of the public to
address the City Council and other City decision-making or advisory bodies on
matters pending before these bodies The City Council Chambers may also
occasionally be used as a meeting place or forum for other hunted governmental
purposes, including the conduct of candidate forums for City elections, and use by
other public agencies concerning public matters as authorized by the City The
Chambers may also be used by the City and City staff for City business or events
Consistent with these purposes, use of the City Council Chambers ("Chambers") is
subject to the following Guidelines|109| General Restrictions The Chambers are intended to serve as a
forum for the conduct of specific public business and are not intended to serve as a
public forum area for other matters General or Regulated First Amendment
Activities, as defined in these Guidelines, are not permitted in the Chambers except
as specifically provided in Sections IV B 2 through IV B 5 below|109| City Council Meetings
a Use The Chambers may be used for meetings, hearings
or other activities of the City Council open to the public
Public Access Members of the public wishing to
observe or speak during City Council proceedmgs shall have free access to the areas
available for public seating in the Chambers during City proceedings, up to the
capacity of the public seating area Standing in aisles is not permitted When the
number of persons present exceeds the capacity of the seating area, the City Council
or other City decision maker will make reasonable efforts to accommodate speakers
forced to remain outside the Chambers
Public Testimony and Decorum City Council
proceedings shall be conducted in compliance with the California Ralph M Brown
Act (Government Code § 54950, et seq ) and all other applicable laws, regulations
and policies Member of the public are expected to conduct themselves m
accordance with Rules of Decorum as set by the City Council or other applicable
laws, regulations and policies
Display or Distribution of Written Material Displays of
literature on tables provided in the Chambers shall be restricted to materials placed
by City staff, which are related to City business, or materials from other
governmental agencies relating to City business Leafleting, distribution of literature
or other General First Amendment Activities are allowed only outside the Chambers
as provided in the Guidelines governing First Amendment Activities on the City Hall
Exhibit 'A to Resolution No 2005 R
Page 13 of 21
13Grounds This section shall not prevent any person from presenting written materials
to the City Council, nor from providing copies of such materials to persons who
request copies, provided that the copies are provided m a manner which does not
interrupt City Council proceedings
e Signs Signs displayed by members of the public m the
Chambers shall be limited to hand held sips no more than 18" in width and 24" m
height Signs shall not be held in a manner which blocks free passage of any aisle or
obstructs another person's view of the City Council while seated in the Chambers|109| Other City Meetings
a Use The Chambers may be used by the City Planning,
Civil Service, Parks and Recreation, and Cultural Affairs Commissions, and any
other City board, commission, committee or officer acting in a decision-making or
advisory capacity, or conducting a meeting for informational purposes All such
meetings shall be scheduled at the discretion of the City
b Rules and Restrictions The rules governing public
access, right to speak, conduct, display or distribution of written materials and signs
at all public City proceedings m the Chambers shall be the same as set forth in
Sections W B 2 b — IV B 2 e, above, except where different rules or procedures are
required by the law governing the City decision-making or advisory body or officer
conducting the proceeding Any advisory or decision-making body or officer that
meets regularly in the Chambers may adopt supplemental rules of conduct for such
meetings, and shall have the same right to enforce those rules as provided in Section
rv B 2|109| Public Candidate Forums
a Use The Chambers may be made available to
governmental or private non-partisan, neutral non-profit organizations for the
purpose of hosting a candidate forum for candidates in any City election To qualify
as a candidate forum for purposes of this section, the event must be open to
participation on an equal basis by all duly registered candidates for the City office(s)
up for election
b Scheduling and Number of Forums Candidate forums
may be scheduled upon request of any governmental or non-profit organization,
provided the requested time does not conflict with any other scheduled use of the
Chambers If more than one request is received, the City may limit the total number
rot
Exhibit A" to Resolution No 2005 R
Page 14 of 21
111114_1:2(YIAof candidate forums to three for each election, and shall make the Chambers
available to requesting parties on a first-come, first-serve basis|109| Meetings of Other Public Agencies and Officials
a Use The Chambers may be made available for official
use by any public agency to conduct a public meeting or heanng with City approval
"Public agency," for purposes of this section, does not include any individual
member or members of any elected or appointed legislative, administrative or
advisory body constituting less than a quorum, but does include any full board,
commission, panel or individual officer, or appointed subcommittee of the full body,
authorized by law to exercise governmental decision-making authority or to act as an
executive officer or legal advisory body for a public agency
b Rules and Restrictions The conduct of meetings
conducted in the Chambers under this section shall be left to the discretion of the
public agencies or officials hosting the meeting, hearing or other proceeding The
restrictions of Section W B 1 on General and Regulated First Amendment Activities
shall remain in effect, except to the extent such activities are authorized by the
agency or official conducting the proceedmg The City retains the right to enforce
seating limitations and any other conditions necessary to preserve public safety at
such proceedings
C TOWN PLAZA|109| General First Amendment Activities General First
Amendment Activities in Town Plaza shall be subject to the following
additional restrictions, in addition to the General Restrictions
a Persons engaged in General First Amendment Activities
shall maintain a distance of eight feet from any dining area or any other
area temporarily or permanently in use for commercial or other
activities authorized by permit, license, or conducted as part of an
event sponsored by the City or Redevelopment Agency
b No activity involving the sale of materials or
merchandise is allowed in Town Plaza, other than as part of an event
sponsored by the City or Redevelopment Agency or conducted
pursuant to a permit or pursuant to a City or Agency program for
economic enhancement
c No tables or other displays may be erected in Town
Plaza, other than on the sidewalk areas within 25 feet of the curb along
Exhibit A to Resolution No 2005 R
Page 15 of 21
IsCulver and Washington Boulevards and Irving Place and cannot block
access to or egress from Town Plaza No more than two tables or other
displays per curb line shall be present at any one time Space for tables
or displays shall be available on a first-come, first-serve basis
However, if an individual or organization has already erected a table or
display m Town Plaza on seven or more days m a calendar month, that
individual or organization shall promptly remove the table or display
upon request of another person or individual desiring to use the space
for a table or display|109| Regulated First Amendment Activities Regulated First
Amendment Activities shall be restricted to the following m Town Plaza
a Events sponsored or co-sponsored by the City or
Redevelopment Agency
Temporary Placement of Unattended Displays
Unattended displays may be authorized by permit m special areas
designated for such displays withm Town Plaza, for the following
purposes only
(1) Winter Holiday displays Such displays shall be
limited to those celebrating or commemorating any holiday
traditionally celebrated between December 1st and January 5th
Such displays may be authorized on a first-come, first-serve
basis without regard to the presence or absence of religious
content All such displays shall be accompanied by a sign or
plaque identifymg the sponsor and advising that the display is
not sponsored or supported by the City
Assembly and Event Restrictions Assembly, parade or
other events, except events sponsored by the City or Redevelopment
Agency, may be permitted m Town Plaza only subject to the condition
that the area authorized for use is lumted to not more than 25% of the
available area m the Plaza
V PERMIT PROCEDURES AND STANDARDS
A GENERAL PROCEDURES
Permits governing regulated First Amendment Activities shall be
processed under the general following procedures, except as otherwise provided by
applicable ordinances
co
Exhibit A ' to Resolution No 2005 R
Page 16 of 21
"nnc_Rnq6I Entitlement A permit for the use of City property for Regulated First
Amendment Activities, e g parades, amplified sound, shall be issued to any
applicant who (1) completes the required permit application, (2) pays the required
administrative fees and any other applicable fees, if required, (3) agrees to comply
with all applicable permit conditions, (4) satisfies any applicable insurance, security,
bonding or other requirements, (5) satisfies, where applicable, any additional criteria
specified in the sections of the Culver City Municipal Code governing the type of
permit requested|109| Applications Permit application forms shall be available upon request
by any party during normal business hours to the City department authorized to issue
the permit Upon completion, applications will be forwarded promptly to the
officer(s) responsible for reviewing the application and to any other department(s)
authorized to review the permit application The City Clerk shall maintain a list of
permit types and the offices where applications may be obtained|109| Time Limits Permits shall be approved, conditionally approved or
denied within the time limits specified by the Culver City Municipal Code sections
governing issuance of the permit The applicant shall be promptly notified of the
decision and the permit, if approved or conditionally approved, shall be issued
immediately upon payment of any outstanding fees|109| Fees and Costs Fees for permits, if required, shall not exceed the
reasonable administrative costs incurred by the City in processing the permit The
City will maintain a schedule of fees which may be adjusted from time to time by
resolution of the City Council
B TERMS AND CONDITIONS|109| Description of Time. Place and Boundaries Each permit shall
specify the following
a The location of the permitted activity or event,
The boundaries of the area(s) reserved for the activity or event,
designated either by map or by other written physical description,
The starting and ending time(s) of the activity or event
Page 17 of21
Exhibit A to Resolution No 2005-RIn the case of parade permits, the permit shall also identify the
route of the parade and specify what portions of public rights of way shall be
used by the parade and the periods these will used|109| Activities Allowed The permit shall specify the nature of the
activity for which the permit has been issued, and any incidental activities, includnig
the type, number and planned location of any furnishings, structures, equipment or
other improvements to be temporarily placed on City property for use in the
permitted activity, e g, stages, seating, booths The permit may satisfy this
requirement by mcorporatmg the description of activities contained in the application
by reference If set up or removal times for furnishings or equipment are different
than for the event itself, the permit will also specify time limits for set-up and
removal|109| Standard Conditions All permits shall be issued subject to the
following standard conditions
a A condition that the event or activity complies with the General
Restrictions listed in Section III of the Guidelmes
Any standard conditions required by the sections of the Culver
City Municipal Code, or other applicable rules or regulations, governing the
permit
Any standard conditions admimstratively imposed on all permits
for similar activities or events by the City All departments shall nisi-ntam
wntten lists of standard conditions for this purpose, and shall provide a list of
the applicable standard conditions, if to each applicant at the time the
permit application is issued|109| Special Conditions Special conditions may be imposed on permits
only as provided in the sections of the Culver City Municipal Code, or other
applicable rules or regulations, governing the permit In all cases, special conditions
shall be lmuted to those necessary to comply with any applicable City, state or
federal regulations, ensure adequate emergency access and egress, impose
reasonable traffic control requirements, protect landscaping and improvements (e g
fountains), and other public or private property, from damage or trespass, control
litter and require adequate clean-up, or avoid specific, identified potential public
safety hazards
Page 18 of 21
Exhibit 'A to Resolution No 2005-R
2005-R036C ADDITIONAL GUIDELINES FOR INDIVIDUAL TYPES OF
PERMITS |109| Parades, Marches, Moving Assemblies Any parade as defined
in CCMC § 9 06 100, proposed in whole or in part on City property shall
require a parade permit issued pursuant to CCMC §§ 9 06 110 through
9 06 150 Where a parade will be conducted with an assembly or another
First Amendment Activity requiring a permit, the parade permit may, if
requested by the applicant, also serve as the permit for the assembly or other
permitted activity In such cases, the parade permit shall also specify all
terms and conditions for the assembly or other permitted activity authorized in
connection with the parade|109| Assemblies Organized assemblies, rallies, meetmgs,
demonstrations, performances or other organized events involving a gathering
of more than 50 persons on City property require an Assembly Permit
Activities incidental to the assembly or event, such as the temporary use of
tables, stages, booths, unattended signs, etc shall also be regulated by the
permit
Where the permitted activity will require the temporary blockage or
closure of any City street or other public right-of-way, an Assembly Permit
shall be obtained in addition to a street closure permit or any other applicable
City approval
3 Amplified Sound Permits Permits for use of amplified sound
equipment for First Amendment activities must be obtained as provided in
CCMC § 9 07 055 or 9 10 045 Conditions imposed upon such permits may
include conditions to limit sound levels at locations around the permit area to
levels designated as acceptable in the Culver City General Plan, and other
conditions set forth in these Guidelines|109| Attended Tables, Displays Placement of tables, chairs, stages,
props or other equipment (other than sound equipment) used in connection
with First Amendment activities, and displays of literature, art or other
materials require a permit where any of the foregoing will occupy a total of
more than six square feet of ground space Tables, displays or other matter
placed on City property under this section must be physically accompanied by
the penmt holder or representative at all times
The standard conditions applicable to such permits may restrict such
permitted activities to areas where they will not unduly restrict sidewalk space
and may provide for minimum distances between such permitted activities
Exhibit A to Resolution No 2005-R
Page 19 of 21
/1
')(1(1C-R(11and driveways, entranceways to public or private buildings, passenger
unloading zones, and other areas of pedestnan or vehicle activity The
standard conditions may also restrict the number of permits which may be
issued for any City property, block, district or other area in order to limit the
cumulative adverse aesthetic, traffic or other impacts of display activities,
includmg impacts on local busmesses
Separate permits for tables, displays, etc are not required for events
authorized by an Assembly Permit or Parade Permit, where the Assembly
Permit or Parade Permit authorizes the tables, displays, etc
Any activity also involving the sale of merchandise must also obtain all
necessary vendor permits, Outdoor Display of Goods Permit and any other
permits applicable to sales activity on public property
5 Unattended Pnvate Displays Permits for unattended private
displays shall be issued only for temporary displays of no more than 60 days
of duration at locations on City properties designated as Limited Public
Forum properties, and only within areas authonzed for such displays on the
property in question All permitted private displays shall be accompanied by
a small sign identifying the sponsor of the display and stating that the display
is not endorsed nor paid for by the City
20
Exhibit A ' to Resolution No 2005-R
Page 20 of 21
2005-R036INNER COURTYARD
(Scotia IV-164.13)
QUOTATION CORRIDOR
(Section IV.A.4 a)
OUTER COURTYARD
(Section IVA-4.a)
ENCLOSED GROUND LEVEL COURTYARD
(Se t on IV.A.3)
APRON OF CITY COUNCIL C
(Section IVA4 a)
CULVE.R BLVD
Th 0 ta displayed on IN. map Is to reprationtallona/ Napo.= only
Ills either *gay recorded map nor sonny and la nal Intaaxtool
to ba wad. unit
May 12, 2005
Page 21 of 21
2005 R
MAP TO SECTION IVA CITY HALL GROUNDS
GUIDELINES FOR IMPLEMENTATION OF COUNCIL POLICY NO 4008