A. Establishment: The mayor may establish a content neutral free speech zone for any event which the mayor determines that the establishment of a free speech zone would serve a substantial government interest such as traffic flow, crowd control or public safety on public property. All free speech zones established by the mayor shall be content neutral and appropriately marked as a free speech zone. All free speech zones shall provide ample opportunity for protestors to communicate their messages, and be of ample size to accommodate the number of persons the mayor reasonably anticipates that will exercise the free speech rights during the event.
B. Designation Of Area And Duration: For each event in which the mayor establishes a free speech zone, the mayor shall make available to the public at least twenty four (24) hours before the event a map and description of the location of the event, boundaries of the event, location of the free speech zone, boundaries of the free speech zone, the hours of the regulations on free speech, and any other restrictions. The free speech zone, duration of the protest regulations, and other restrictions shall be narrowly tailored to meet the legitimate government interest of crowd control, traffic control, or public safety.
C. Definitions:
FREE SPEECH ZONE: The area in which protesting is allowed.
PROTEST: Any demonstration, picketing, speechmaking, marching, vigil or religious service, and all other like forms of conduct which involve the communication or expression of views or grievances.
UNLAWFUL PROTEST: Protest at an event designated by the mayor except in the designated free speech zone or use of sound amplification devices at any event that the mayor has restricted or prohibited the use of such mechanical or sound amplification devices.
D. Restrictions: In any area designated as a free speech zone area, protestors may not engage in activities that obstruct or impede pedestrians or vehicles, or harass bystanders with physical contact. Protestors may not tie, nail, or otherwise physically attach any banners, signs, pictures, instructional materials, symbols, or other personal property to any city property or private property.
E. Sound Amplification Devices: The mayor may restrict or prohibit the use of mechanical loudspeakers or sound amplification devices in the free speech zone, including, but not limited to, megaphones, bullhorns, and electric amplifiers, if the mayor determines that the use of sound amplification devices will substantially interfere with the event or will substantially interfere with crowd control, traffic control, or public safety and that the protestors have a reasonable opportunity to communicate their message without sound amplification.
F. Penalties: A person is guilty of unlawful protest if he refuses to comply with the lawful order of the police to protest in the free speech zone or if he refuses to comply with the lawful order of the police regarding the use of any mechanical loudspeaker or sound amplification device at an event that the mayor has restricted or prohibited such mechanical or sound amplification devices. Unlawful protest is a class C misdemeanor, which offense is punishable by imprisonment for a term not to exceed ninety (90) days and a fine not exceeding seven hundred fifty dollars ($750.00) or by both the fine and the term of imprisonment, if the offense continues after a request by the police to desist. Otherwise, unlawful protest is an infraction, which offense is punishable by a fine in an amount not exceeding seven hundred fifty dollars ($750.00). (Ord. 06-14A, 4-12-2006; amd. Ord. 06-49, 10-4-2006)