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.

Read Ordinance 2026-002

Frequently Asked Questions

In considering whether to issue a permit, the Town considers whether the following criteria raise health, safety, and welfare concerns:

  1. 1. Length of time of Spontaneous Event
  2. 2. Number of participants
  3. 3. Preferred date, time, and location
  4. 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.

Presence, alone, does not constitute participation in a Spontaneous Event.

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.

Violation of the ordinance is a civil matter. The penalty for violation is revocation of the permit. If a permit is revoked, the applicant cannot apply for another permit in the subsequent six months. Matters involving issuance and enforcement of this ordinance are handled by the Community Development Coordinator and the Town Manager.

No. Because it is impossible to apply for a permit in advance under completely unforeseeable circumstances, such situations are dealt with on a case-by-case basis. The application and permit process, which applies to events of which organizers are aware in advance, simply does not apply in these unique circumstances. This distinction is captured in the ordinance, which applies to matters of public interest which “occurred in the previous 14 days or which will occur in the subsequent 14 days” – i.e., occurrences in the past or foreseeable future. An example of such a situation would be a surprise terrorist attack that immediately prompts a gathering of protestors. Such a situation cannot be anticipated, and therefore, no permit is required.

Spontaneous Event Application

Pursuant to Town Code Chapter 34.11
In processing this Application, the Town will consider whether the following objective factors pose a risk to health, safety, or welfare: length of time, number of participants, preferred date, time, and location, and whether other events are scheduled on the same date. No Application shall be denied based on content, viewpoint, anticipated message, or anticipated reaction of others.
A separate application is required for each event, one event per day, for a Spontaneous Event.
If you have questions about this application, please reach out to the Town's Community Development Coordinator at (804)-435-1552.
Date of Spontaneous Event:(Required)
Beginning Time of Spontaneous Event:(Required)
:
Ending Time of Spontaneous Event:(Required)
:
Drop files here or
Max. file size: 50 MB.
    Applicant Organization Address:
    Primary Contact Name:(Required)
    Primary Contact Address:(Required)
    Secondary Contact Name:
    Secondary Contact Address:
    Contact Day of Spontaneous Event Name:(Required)
    Contact Day of Spontaneous Event Address:(Required)
    VDOT Land Use Permits
    Max. file size: 50 MB.
    Fee Schedule:
    • If 20 or fewer persons are gathering, no application is required.
    • If 21 or more persons are gathering, an application, fee, and proof of general liability insurance naming the Town as addition insured thereon at the following levels:
      • 21-40 persons:
        • Fee $250
        • No Insurance Required.
        • 2 KPD + 1 Staff
          • Assumes 2-hour event
          • 2hrs KPD @ $50/hr + 2hrs staff @ $26/hr
      • 40-100 persons:
        • Fee $300
        • No Insurance Required.
        • 3 KPD + 1 Staff
          • Assumes 2-hour event
          • 2hrs KPD @ $50/hr + 2hrs staff @ $26/hr
      • Over 100 persons:
        • Fee $350
        • Insurance limit $1,000,000
          • This is the only level where insurance is required.
        • 4 KPD + 1 Staff
          • Assumes 2-hour event
          • 2hrs KPD @ $50/hr + 2hrs staff @ $26/hr
    Please inform the Town if advance notice of fourteen (14) days or more is not feasible, so the Town can work with the Applicant to provide approval and/or identify possible alternatives. Please contact the Community Development Coordinator at 804-435-1552. For urgent requests, although the Town has two (2) business days to respond to Applications, the Town will take into account the urgency of the request and will provide its response as soon as feasible after it is received. (Note: the same objective criteria identified herein by which Applications for Spontaneous Events are evaluated will be used to evaluate a request submitted less than fourteen (14) days prior to the proposed event.)
    Terms of the Application may be changed by the Town from time to time.
    The Town does not carry insurance coverage for third-party events. The Town has no liability for damages or losses. The Applicant assumes liability,
    I am an authorized representative of the Applicant and intend to be bound hereby. I hereby represent and warrant to the Town that this Application is true, complete, and correct. Submission of this Application alone does not guarantee approval. Any Application which may be approved will receive a formal permit for Spontaneous Event. Any Application that is denied or revoked will receive a written denial or revocation that includes the process by which such denial or revocation may be appealed. By submitting a completed Application for Spontaneous Event, I agree that any permit for Spontaneous Event which may be issued by the Town will be subject to the Application, the Town Code, and any applicable state law. Failure to abide by the terms herein or applicable law may result in revocation of the permit at any time.
    Effective 4.22.2026