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ORANGE COUNTY SHERIFF'S OFFICE GENERAL ORDER Effective Date: April 26, 2016  Amends - GO 6.2.18 (November 2, 2012) Number: 6.2.18 Distribution: All Personnel Review Month: June Reviewing Authority: UPD/Division Commander Subject: Public As semblies This order consists of the following: 1. Purpose 2. Definitions 3. Procedures 1. Purpose This policy is designed to provide guidelines for addressing public assemblies with an emphasis upon respecting First Amendment liberties . 2. Definitions A. Bicycle Path - any area or way set aside or open to the general public for use by a bicyclist. B. Public Assembly – any parade, ceremony, show, exhibition, display, procession (except for a funeral procession), march, walk, race, motorcade, concert, pageant, rally, protest or demonstration held entirely or partially on public property. C. Public Right -of-Way – any land in Orange County in which the State, the County, or a municipality owns the fee or has an easement devoted to, or required for use as, a transpo rtation facility, including the road, street or highway and associated sidewalks. D. Sidewalk - any area or way set aside or open to the general public for the purposes of pedestrian traffic, whether paved or unpaved. E. Street - any place or way set aside or open to the general public for the purposes of vehicular traffic, including any berm or parkway, right -of-way, or median strip. 3. Procedures A. The initial responding deputy shall, upon arrival, attempt to determine whether the location of the assembly i s public versus private property. If private, the responding deputy shall determine who is the controlling authority of the property on which the assembly is taking place and whether or not the demonstrators have permission to be on the property. If public, the responding deputy shall also determine the following : 1. If a permit has been obtained for the assembly. 6.2.18, Page 2 of 4 2. The spokesman of the group, if an organized group. 3. The purpose of the assembly. 4. The affiliation of the assembling group. 5. The total number of persons taking part in the assembly. 6. Who is the controlling authority of the property on which the assembly is taking place and whether or not the demonstrators have permission to be on the property. B. Permit Requirement 1. No pers on(s) shall stage, promote, conduct, engage in, participate in, aid, form, advertise or start any public assembly on a public right of way that is attended, calculated to be attended, or is reasonably expected to be attended at any one time by one hundred (100) or more people , unless a public assembly permit has been obtained from the Board of County Commissioners in accordance with Orange County Public Assembly Ordinance ( Orange County Code , Chapter 21, Article IV, Sections 21 -68 through 21-83). This requirement will not apply to: Funeral processions, activities of governmental agencies acting within the scope of its governmental authority or events held solely on private property. Similarly, a person may not “stage, promote, conduct, engage in, participate in, aid, form, advertise or start any public assembly in any public park that is attended, calculate d to be attended, or is reasonably expected to be attended at any one time , by seven hundred (700) or more people,” unless a public assembly permit was obtained from the Orange County Manager of the Parks and Recreation Division. 2. It will be unlawful for any person in charge of, or responsible for, the duly licensed assembly to knowingly fail to comply with any condition of the permit. C. Permit Approval 1. Applications for public assembly permits received from the Orange County Parks and Recreation Dep artment will be reviewed by the appropriate Sector Commander or designee. 2. If an application is associated with a larger event in which the agency has designated an Incident Commander and developed an Operational Plan, the application will be reviewed b y the designated Incident Commander or designee. 3. The agency member reviewing the application shall respond in writing to the designated county manager with recommendations as outlined in Orange County Code, Chapter 21, Article IV, Section 21 -76. 6.2.18, Page 3 of 4 D. Public Property Assemblies 1. If the assembly is taking place upon public property the person who obtaine d the permit, or the public assembly chairperson or vice chairperson, must attend the event and is responsible for conducting it in a manner that complies with the permit and applicable law. They must have the actual "Orange County Public Assembly Permit" with him or her . It must be displayed upon demand to a law enforcement officer. 2. The deputy should refer to the permit to ascertain the parameters of the licensed area. If the participants are assembling outside the designated area they should be adv ised to move to the permitted area. 3. If there is no valid permit, the participants should be advised to disburse or be subject to arrest. E. Private Property Assemblies 1. If it is determined the assembly is occurring on private property without proper permission , and there is an immediate threat to public safety, a deputy may issue a trespass warning and take appropriate law enforcement action . 2. In any situation where Orange County deputies take