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(a) Purpose. Pursuant to the authority granted to the city by the Code of Virginia and the <br />city charter, this section is adopted in order to ensure the free and safe passage of <br />pedestrians and vehicles on the public rights -of -way, to ensure free and safe access <br />to public areas, and otherwise to regulate and control the time, place and manner of <br />activities that would otherwise threaten the public health, safety, and welfare, while <br />also encouraging the exercise of rights under the First Amendment of the United <br />States Constitution (First Amendment) in the city. <br />(b) Definitions. The following terms shall have the meanings set out herein, unless the <br />context in which they occur clearly indicates otherwise: <br />(1) City- sponsored event means a planned event which the city sponsors or is <br />otherwise affiliated with for the primary purpose of providing recreational <br />benefits for citizens and not for the purpose of providing a forum for expressive <br />activities. City- sponsored events include the Memorial Day Parade, Bunny Hop <br />Race, Portsmouth Farmer's Market, Seawall Art Show, Safe Trick or Treat, Fish <br />Bowl Parade, Olde Towne Ghost Walk, Buffalo Rider Parade of Horses, and <br />any other event which is designated as a city- sponsored event by the city <br />manager. <br />(2) Event means a parade, public assembly or expressive activity. <br />(3) Expressive activity means any activity protected under 'the First Amendment <br />other than a parade or public assembly, addressed below, including, but not <br />limited to, leafleting. <br />(4) Parade means any march, demonstration, procession or motorcade consisting of <br />persons, animals, or vehicles, or a combination thereof, upon any traditional <br />public forum within the city that interferes with or is likely to interfere with the <br />normal flow or regulation of pedestrian or vehicular traffic within said forum. <br />(5) Public assembly means any meeting, demonstration, picket line, rally or <br />gathering of any kind that occupies any traditional public forum within the city <br />and interferes with or is likely to interfere with the normal flow or regulation of <br />pedestrian or vehicular traffic or with the customary public usage of said forum. <br />(6) Spontaneous event means an unplanned coming together of persons, animals or <br />vehicles in a parade or public assembly in a traditional public forum which was <br />not contemplated beforehand by any participant therein, and which is caused by <br />or in response to unforeseen circumstances or events. <br />(7) Traditional public forum means, pursuant to the public forum doctrine under the <br />First Amendment, as created and revised by the courts, those government - <br />owned spaces open to the public generally, such as many streets, sidewalks and <br />parks, that have by long tradition and government fiat been devoted to parades, <br />public assemblies and expressive activities generally. <br />(c) Permit required. <br />(1) It shall be unlawful for any person to conduct or participate in a parade, public <br />assembly or expressive activity in any traditional public forum of the city <br />without a written permit issued in accordance with the provisions of this section. <br />