1. An applicant of an expressive activity special event, including a spontaneous special event, expecting fewer than one hundred attendees that will comply with all traffic and safety laws and regulations, and will not require the use of city services pursuant to Section 5.136.250, shall notify the city clerk prior to the expressive activity special event, but is not required to otherwise comply with this chapter.

2. All fees and costs established pursuant to this chapter will be waived, except costs for the use of city services pursuant to Section 5.136.250.

3. The applicant of an expressive activity special event may elect to comply with the insurance requirements of Section 5.136.190 or provide the following indemnification:

The Permit Holder, its employees, agents, and volunteers (collectively “Permit Holder”) shall indemnify and hold the city, its officials, officers, employees, agents, and volunteers harmless from any and all claims, damages, expenses, loss or liability for which Permit Holder is responsible under law resulting from willful or negligent acts or omissions of Permit Holder in connection with the permitted special event.

4. To receive the election in subsection (A)(3) of this section, the applicant must file with the special event application a verified statement that he or she intends the special event to be for expressive activity as defined by this chapter, and the cost of obtaining insurance is financially burdensome and would constitute an unreasonable burden on the right of First Amendment expression.

5. Where the expressive activity special event will require temporary street closures or require the city to provide services in accordance with Section 5.136.250, the city clerk may condition the issuance of the expressive activity special event permit upon payment of actual direct costs incurred by the city. The city clerk is authorized to adopt a fee schedule for this purpose, which must contain a provision for waiver of, or a sliding scale for payment of, fees for city services based on the ability to pay.

6. Subject to the provisions of this section, including a good faith effort by the city and applicant to resolve any conflicts pursuant to subsection (A)(8) of this section, the city clerk may deny an expressive activity pursuant to Section 5.136.150. Regardless of the foregoing, the city clerk may not consider the potential reactions of persons not attending the expressive activity special event such as bystanders or protesters to the expressive activity special event.

7. The city may not deny an expressive activity special event permit based upon the failure of the applicant to meet a submittal deadline or make a timely payment of costs incurred pursuant to Section 5.136.250. Nonetheless, the applicant must use reasonable efforts to comply with the timelines provided for in this chapter.

8. Prior to denying an expressive activity special event permit pursuant to this section, the city clerk will request the applicant of the expressive activity special event to modify the time and/or route of the expressive activity. Such modification may be made by the city clerk if he or she makes a written determination, including reasons for such determination, that the location, time, and/or route of the expressive activity special event would create a basis for denying the special event permit pursuant to subsection (A)(6) of this section. The city clerk and the applicant shall make a good faith effort to schedule the expressive activity special event for a mutually agreeable date, within seven calendar days of the original proposed date, unless a later date is agreed to by the applicant.