Spontaneous Events Permit
The Town of Kilmarnock recognizes the importance of free speech and encourages the open expression of diverse ideas, opinions, and perspectives. These rights are guaranteed to all individuals under the First Amendment of the United States Constitution:
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
Freedom of speech includes the right to engage in expressive activities such as assembling, demonstrating, marching, or distributing materials, as well as other lawful means of sharing ideas. The Town supports these activities when conducted in a peaceful and orderly manner that respects the rights of others.
At the same time, the Town may regulate the time, place, and manner of expressive activities within the Town boundary. The purpose of these rules is to ensure the health, safety and welfare of applicants, attendees, visitors, residents, business owners and employees of the town through reasonable administration during use of public spaces for free speech and public assembly.
Frequently Asked Questions
In considering whether to issue a permit, the Town considers whether the following criteria raise health, safety, and welfare concerns:
- 1. Length of time of Spontaneous Event
- 2. Number of participants
- 3. Preferred date, time, and location
- 4. Whether there are other events scheduled on the same date.
No. An Application is only required if 21 or more people are expected to attend.
The Spontaneous Event Application does not apply; instead, please use the Town’s Special Event Application.
The Spontaneous Event Application does apply for any First Amendment Demonstration.
The Town appreciates as much advance notice as possible, and you may reach out to the Community Development Coordinator at 804-435-1552, to let them know of your future plans. However, an Application for the event will not be considered until fourteen (14) days in advance of the planned event. This timing is meant to ensure as many citizens and groups as possible have an opportunity to have their voices heard.
No. The Application specifically provides that you will not be held liable by the Town for damage caused by opposition to the Spontaneous Event.
No. The Kilmarnock Code of Ordinances Sec. 1-14(b) provides that when an ordinance declares an activity to be unlawful, the violation is treated as a misdemeanor only if “no specific penalty is provided therefor” in the ordinance that was alleged to have been violated. In this case, the ordinance includes a specific penalty: revocation of the permit, with the applicant being prohibited from applying for another permit in the subsequent six months. Because the ordinance includes this penalty, the default misdemeanor provision does not apply.
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