Full opinion text
ORDER AND AMENDED OPINION ORDER The opinion filed on April 15, 2008 and reported at 522 F.3d 1010 is amended as follows: (1) At 522 F.3d at 1022, following the first citation sentence for Ward v. Rock Against Racism, insert the following sentence: But see FW/PBS, Inc. v. City of Dallas, 493 U.S. 215, 225-30, 110 S.Ct. 596, 107 L.Ed.2d 603 (1990) (invalidating as an impermissible prior restraint a licensing ordinance regulating the use of private property). (2) At 522 F.3d at 1022, at the end of the first paragraph, change the citation from “Id.” to “Ward, 491 U.S. at 795 n. 5,109 S.Ct. 2746.” (3) In the last paragraph at 522 F.3d at 1023, after the citation sentence for Ward, insert the following text: The Supreme Court has cautioned that “this standard does not mean that a time, place, or manner regulation may burden substantially more speech than is necessary to further the government’s legitimate interests. Government may not regulate expression in such a manner that a substantial portion of the burden on speech does not serve to advance its goals.” Id. The panel has unanimously voted to deny the petition for panel rehearing and the petition for rehearing en banc. The full court has been advised of the petition for rehearing en banc and no judge has requested a vote to rehear the matter en banc. See Fed. R.App. P. 35(b). The petitions are DENIED. The court will not accept any further petitions for rehearing or rehearing en banc. IT IS SO ORDERED. OPINION WILLIAM A. FLETCHER, Circuit Judge: We review the constitutionality of § 5.60 of the City of Long Beach Municipal Code (“LBMC” or “Ordinance”). Appellees Long Beach Area Peace Network and Diana Mann (collectively “the Peace Network”) challenged § 5.60 under the First Amendment after the City of Long Beach (“the City”) sought payment of administrative fees associated with a march and rally held by the Peace Network on March 22, 2003. The district court held that § 5.60 in its entirety unconstitutionally restricts the right to free speech and permanently enjoined the City from enforcing it. We affirm in part and reverse in part. We hold that five challenged features of § 5.60 are constitutional: (1) the provisions distinguishing between expressive activity and other activity; (2) the provision allowing the City Manager to impose conditions to meet stated purposes; (3) the provision authorizing the City Manager to obtain proof of indigent status; (4) the provision authorizing the City Manager to require a permittee to obtain insurance; and (5) the provision authorizing criminal penalties for violations of the Ordinance. However, we hold that four other features are unconstitutional: (1) part of the provision defining “special events”; (2) the provision applicable to “spontaneous” events; (3) the hold-harmless and indemnification provision; and (4) the provisions authorizing waiver of permit fees and departmental services charges. We remand to allow the district court to determine whether the unconstitutional provisions are severable from the remainder of § 5.60. I. Background As described by the district court, the Long Beach Area Peace Network is “an unincorporated, loosely organized group of peace activists without an office, organizational phone, organizational email or insurance.” On February 15, 2003, before the beginning of the Iraq War, the Peace Network sponsored a protest march and rally in the City of Long Beach, California. In preparation for the event, Dr. Eugene Ruyle (“Ruyle”), a retired professor and Peace Network member, submitted an application for a “special event” permit, as required by § 5.60.020(A). Long Beach Municipal Code (“LBMC”) § 5.60.020(A) (1999). After negotiating the march route with Ruyle, the City approved the permit. The march was conducted on public streets along the route suggested by the City. The event concluded with a rally in Bixby Park, a public park in the City. Several elected officials, including a City Council member and a State Assembly member, participated in the rally. According to some estimates, between 1,000 and 1,500 people attended the event. The permit application, signed by Ruyle in February 2003, provided that the Peace Network would “hold the City harmless from any liability caused by the conduct of the event”; that the “City will not be liable for any mishaps or injuries associated with the event”; and that “[f]ull responsibility for activities at the event will be assumed by [the Peace Network].” The application also provided that the Peace Network would “be responsible for all costs incurred by City departments for use of City personnel and/or equipment.” After submitting the application, Ruyle wrote a letter to the City requesting a waiver of the permit application fee and the departmental services charges imposed under § 5.60. The City did not assess any fee or charges for the February event. On March 20, 2003, approximately one month later, the United States launched an aerial assault on Baghdad. In anticipation of the assault, the Peace Network had already organized another march and rally, to be held on March 22. Ruyle had submitted a letter to the City on or about March 18 describing the anticipated “spontaneous” event. Section 5.60 defines a “spontaneous” event as one “occasioned by news or affairs coming into public knowledge within five (5) days” of the event. See LBMC § 5.60.030(A)(5). A “spontaneous” event does not require a formal permit, but it does require twenty-four hours advance notice to the City. The City Manager may refuse permission to hold such an event, and may impose “reasonable time, place and manner restrictions.” See LBMC § 5.60.030(B). An initial email from Ruyle to the City, sent two weeks earlier, had indicated that the Peace Network planned to ask for the closure of at least one lane of traffic for the march and to reserve a bandshell in Bixby Park for the rally. In his email, Ruyle estimated that the March event would be “at least twice as big” as the February march and rally. In a letter addressed to Ruyle dated March 21, the City granted permission to conduct a march and rally on March 22. In the letter, the City imposed a number of conditions, including the route of the march and the location of the rally. The letter contained a summary of estimated departmental services charges for “Police,” “Public Works,” “Park, Recreation & Marine (Park Staff),” “Parks, Recreation & Marine Maintenance,” “Space Permit Fee,” and “Junípero Parking Lot.” The total estimated charges were $7,041. The letter set forth a schedule of payment in four equal installments during the next year. Ruyle and other members of the Peace Network signed the last page of the letter under a heading reading “Conditions Accepted.” As signed, this page contained a handwritten notation at the top, stating that the “signers reserve[d] the right to challenge the total,” but that they would pay the first of the four installments on March 22. Ruyle paid the first installment on March 22, in accordance with the handwritten notation. The march on March 22 took slightly more than one hour, and the event concluded with an anti-war rally at Bixby Park. The district court found that approximately 1,000 people participated in the March event. According to Ruyle’s declaration, in contrast to the pre-war rally at the park in February, no elected officials participated in the March anti-war rally. As part of the March event, members of the Surfrider Foundation placed surfboards on the beach in the shape of a peace symbol. The display was visible to participants of the march as they walked near the beach. The display took place entirely on the beach, did not interfere with any vehicular or pedestrian traffic, and did not result in any damage to the beach. Following the event, the surfboards were removed from the beach. In his initial email, Ruyle had stated that Peace Network planned to request a waiver of insurance and departmental services charges. In its March 21 letter granting the permit, the City waived the insurance requirement but did not waive event-related charges. As he had done after the February march and rally, Ruyle wrote a letter to the City after the March event asking for a waiver of charges. Ruyle states in his declaration that a city official gave “no other guidelines than simply to write the letter” to ask for a waiver. The only material differences between Ruyle’s requests for waivers of charges for the February and March events were descriptions of event-specific matters such as the march routes. The City did not waive the departmental services charges for the March event. In April 2003, the City sent a letter to the Peace Network members whose signatures (or, in the case of Diana Mann, whose name had been signed by someone else) appeared at the bottom of the March 21 letter. The letter requested payment of $7,041, in the installments specified in the March letter. The total amount was exactly the same as the estimate contained in that letter. Part of the total included a charge of $1,500 for the use of the beach for the surfboard display. The City’s April letter noted that the first check, which Ruyle had given to the City on March 22, had been misplaced. The letter asked that payment on that check be stopped and that a new check be written for that amount. Peace Network members did not write a new check or make any of the requested payments. The City filed an action in state Superi- or Court against Diana Mann and the Peace Network members who had signed the agreement. The court granted judgment of $5,901 for the City. That amount excluded the $1,500 charge for the use of the beach for the surfboard display because, according to the Superior Court, that charge was “not sufficiently justified as to actual costs” and was “an improper restraint of expression.” The Peace Network then filed a “facial challenge” to § 5.60 in federal district court, seeking declaratory and injunctive relief, compensatory damages, and attorney’s fees and costs. The complaint alleged that the City’s “past, present and threatened future actions” violate the First Amendment. The district court concluded that the entirety of § 5.60 constitutes an unconstitutional restraint on speech and assembly and entered a permanent injunction prohibiting its enforcement. The City timely appealed. After the district court’s decision and after initial briefing was completed on appeal, we decided Santa Monica Food Not Bombs v. City of Santa Monica (“Food Not Bombs”), 450 F.3d 1022 (9th Cir.2006), assessing the constitutionality of a similar ordinance in Santa Monica, California. We asked the parties to file supplemental briefs addressing our decision in Food Not Bombs. II. Standard of Review We review de novo the district court’s holding of unconstitutionality. Berry v. Dep’t of Soc. Servs., 447 F.3d 642, 648 (9th Cir.2006). We also review de novo the district court’s determinations on mixed questions of law and fact that implicate the question of constitutionality. Rosenbaum v. City & County of San Francisco, 484 F.3d 1142, 1152 (9th Cir.2007). We generally review for clear error the district court’s findings of fact. Gaudiya Vaishnava Soc’y v. City & County of San Francisco, 952 F.2d 1059, 1062 (9th Cir.1991) (as amended). However, we conduct an independent review of the facts for the “issues arising under the First Amendment.” Rosenbaum, 484 F.3d at 1152. III. Nature of the Challenge The Peace Network’s complaint asserts a facial challenge to § 5.60. As an initial matter, we conclude that the Peace Network has Article III standing to bring this challenge. Standing, in the constitutional sense, requires that plaintiffs establish (1) a “distinct and palpable” injury in fact (2) that is “fairly traceable” to the challenged provision and (3) that would “likely ... be redressed” by a favorable decision for the plaintiff. Allen v. Wright, 468 U.S. 737, 750-51, 104 S.Ct. 3315, 82 L.Ed.2d 556 (1984) (internal quotation marks omitted); see Food Not Bombs, 450 F.3d at 1033. Plaintiffs mounting a facial challenge to an ordinance may establish standing by alleging that they have “modified [their] behavior” as a result of the ordinance, such as “by choosing locations other than [the areas subject to the ordinance].” Id. at 1034. A plaintiff “need not apply for a benefit conditioned by a facially unconstitutional law,” United States v. Baugh, 187 F.3d 1037, 1041 (9th Cir.1999), but must demonstrate a “serious[] interestf] in subjecting [it]self to” the challenged measure, and must demonstrate that “the defendant [is] seriously intent- on enforeing[ ] the challenged measure,” NAACP v. City of Richmond, 743 F.2d 1346, 1351 (9th Cir.1984). The Peace Network organized two separate events covered by § 5.60. The City assessed departmental services charges against the Peace Network for the second event and brought suit in state court to obtain payment. The Peace Network has provided evidence that it has modified its behavior as a result of § 5.60 by declining to hold such events in Long Beach in the future because of the City’s enforcement of the Ordinance. See Food Not Bombs, 450 F.3d at 1034. The Peace Network states that if the permanent injunction against the enforcement of § 5.60 is upheld, it will hold expressive events in Long Beach. The Peace Network has thus established injury in fact that is fairly traceable to § 5.60 and that is likely to be redressed if its First Amendment suit is successful. The Peace Network claims that several provisions of the LBMC “allegedly vest[] unbridled discretion in a government official over whether to permit or deny expressive activity.” City of Lakewood v. Plain Dealer Publ’g Co., 486 U.S. 750, 755-56, 108 S.Ct. 2138, 100 L.Ed.2d 771 (1988). There are two primary rationales for allowing this type of facial challenge. First, the mere existence of the licensor’s unfettered discretion, coupled with the power of prior restraint, intimidates parties into censoring their own speech, even if the discretion and power are never actually abused.... Second, the absence of express standards makes it difficult to distinguish, “as applied,” between a licensor’s legitimate denial of a permit and its illegitimate abuse of censorial power. Id. at 757-58, 108 S.Ct. 2138; see also S. Or. Barter Fair v. Jackson County, 372 F.3d 1128, 1134-35 (9th Cir.2004). Hence, “[fjacial attacks on the discretion granted a decisionmaker are not dependent on the facts surrounding any particular permit decision.” Forsyth County v. Nationalist Movement, 505 U.S. 123, 133 n. 10, 112 S.Ct. 2395, 120 L.Ed.2d 101 (1992). The Court wrote in Thornhill v. Alabama, 310 U.S. 88, 97-98, 60 S.Ct. 736, 84 L.Ed. 1093 (1940) (citations omitted): [T]he rule is not based upon any assumption that application for the license would be refused or would result in the imposition of other unlawful regulations. Rather it derives from an appreciation of the character of the evil inherent in a licensing system. The power of the licensor ... is pernicious not merely by reason of the censure of particular comments but by reason of the threat to censure comments on matters of public concern. It is ... the pervasive threat inherent in its very existence that constitutes the danger to freedom of discussion .... Where regulations of the liberty of free discussion are concerned, there are special reasons for observing the rule that it is the statute, and not the accusation or the evidence under it, which prescribes the limits of permissible conduct and warns against transgression. To assert this type of facial challenge, a plaintiff must meet two requirements. First, a plaintiff must satisfy the standing requirements of Article III by showing that the challenged provision or provisions apply to its conduct. Members of City Council of L.A. v. Taxpayers for Vincent, 466 U.S. 789, 798, 104 S.Ct. 2118, 80 L.Ed.2d 772 (1984) (“Such holdings invalidated entire statutes, but did not create any exception from the general rule that constitutional adjudication requires a review of the application of a statute to the conduct of the party before the Court.”). As noted above, the Peace Network has Article III standing. Second, the challenged ordinance “must have a close enough nexus to expression, or to conduct commonly associated with expression, to pose a real and substantial threat of the identified censorship risks.” City of Lakewood, 486 U.S. at 759, 108 S.Ct. 2138. We conclude that § 5.60 has a sufficient nexus to expression to satisfy the second requirement. Section 5.60 governs use of the traditional public fora of public streets, sidewalks, and parks. Indeed, some of the provisions specifically apply to persons engaged in “expressive activity.” See, e.g., LBMC § 5.60.040(B) (“[Special event permit] applications for expressive activities [involving the use of city streets, sidewalks, or parks] shall be filed in accordance with subsection D of this section.”). The Peace Network has engaged in, and seeks to engage in, public marches and rallies on the streets, sidewalks, and parks of Long Beach. “[M]ass gatherings [to show support for a cause] bear a sufficient nexus to conduct commonly associated with expression.” S. Or. Barter Fair, 372 F.3d at 1136. Section 5.60 regulates those mass gatherings and therefore has a “close connection to expression” because it “regulates conduct which is itself protected speech.” See Gaudiya Vaishnava Soc’y, 952 F.2d at 1062-63. We therefore conclude that the Peace Network has satisfied the additional requirements to raise a facial challenge on unbridled discretion grounds. IV. General Considerations The First Amendment prohibits Congress from enacting laws “abridging the freedom of speech, ... or the right of the people peaceably to assemble.” U.S. Const, amend. I. The Supreme Court has extended the protection of the First Amendment to the states. Edwards v. South Carolina, 372 U.S. 229, 235, 83 S.Ct. 680, 9 L.Ed.2d 697 (1963); Thornhill, 310 U.S. at 95, 60 S.Ct. 736; Hague v. C.I.O., 307 U.S. 496, 512, 59 S.Ct. 954, 83 L.Ed. 1423 (1939). Three types of speech regulation are presumptively invalid: regulations on speech pro-testing government action, regulations affecting speech in a traditional public forum, and prior restraints. By meeting certain criteria, content-neutral time, place and manner restrictions may overcome the presumption of invalidity. A. Presumptively Invalid Regulations 1. Regulation of Speech Protesting Government Action We have recognized that certain types of speech enjoy special status. See, e.g., Nat’l Adver. Co. v. City of Orange, 861 F.2d 246, 248 (9th Cir.1988) (“The first amendment affords greater protection to noncommercial than to commercial expression.”). Political speech is core First Amendment speech, critical to the functioning of our democratic system. The Peace Network’s protest of the United States military action in Iraq is the type of speech that “rest[s] on the highest rung of the hierarchy of First Amendment values.” See Carey v. Brown, 447 U.S. 455, 467, 100 S.Ct. 2286, 65 L.Ed.2d 263 (1980); see also Garrison v. Louisiana, 379 U.S. 64, 74-75, 85 S.Ct. 209, 13 L.Ed.2d 125 (1964) (“[Sjpeech concerning public affairs is more than self-expression; it is the essence of self-government.”); Thornhill, 310 U.S. at 95, 60 S.Ct. 736 (“Those who won our independence had confidence in the power of free and fearless reasoning and communication of ideas to discover and spread political and economic truth. Noxious doctrines in those fields may be refuted and their evil averted by the courageous exercise of the right of free discussion.”). The Supreme Court has recognized that “the practice of persons sharing common views banding together to achieve a common end is deeply embedded in the American political process.” NAACP v. Claiborne Hardware Co., 458 U.S. 886, 907, 102 S.Ct. 3409, 73 L.Ed.2d 1215 (1982) (quoting Citizens Against Rent Control/Coal. for Fair Hous. v. City of Berkeley, 454 U.S. 290, 294, 102 S.Ct. 434, 70 L.Ed.2d 492 (1981)); see also Edwards, 372 U.S. at 235, 83 S.Ct. 680 (stating that peaceable assembly at the site of the state government to protest government action is the “most pristine and classic form” of exercising First Amendment rights). In United States v. Baugh, we wrote that the First Amendment “applie[d] with particular force” to a “march and other protest activities.” 187 F.3d at 1042; see also Am.-Arab Anti-Discrimination Comm. v. City of Dearborn, 418 F.3d 600, 611 (6th Cir.2005) (“[Pjarades and processions are a unique and cherished form of political expression, serving as a symbol of our democratic tradition. There is scarcely a more powerful form of expression than the political march.”). We have also noted the importance of timely opportunity to express political views by staging a political march. City of Richmond, 743 F.2d at 1356 (“[Tjiming is of the essence in politics .... [W]hen an event occurs, it is often necessary to have one’s voice heard promptly, if it is to be considered at all. A delay of even a day or two may be intolerable when applied to political speech in which the element of timeliness may be important.” (internal quotation marks and citation omitted; alterations in City of Richmond)). 2. Regulation of Speech in Traditional Public Fora The Supreme Court has established different levels of scrutiny for analyzing alleged First Amendment violations, depending on where the speech takes place. Perry Educ. Ass’n v. Perry Local Educators’ Ass’n, 460 U.S. 37, 45-46, 103 S.Ct. 948, 74 L.Ed.2d 794 (1983). In traditional public fora, “the government’s ability to permissibly restrict expressive conduct is very limited.” United States v. Grace, 461 U.S. 171, 177, 103 S.Ct. 1702, 75 L.Ed.2d 736 (1983). In such locations, First Amendment protections are strongest and regulation is most suspect. Grossman v. City of Portland, 33 F.3d 1200, 1204 (9th Cir.1994). “Public fora have achieved a special status in our law; the government must bear an extraordinarily heavy burden to regulate speech in such locales.” City of Richmond, 743 F.2d at 1355. “Public open spaces” such as parks are distinguished from streets because their use for expressive activities rarely implicates other important governmental interests. Food Not Bombs, 450 F.3d at 1042. Public parks and sidewalks “are uniquely suitable for public gatherings and the expression of political or social opinion.” ACORN v. City of Phoenix, 798 F.2d 1260, 1267 n. 5 (9th Cir.1986). Courts have recognized a somewhat greater governmental interest in regulating expressive activity on city streets because of the public safety concerns raised by vehicular traffic. Id. at 1267. Nonetheless, we have rejected the proposition that “the Supreme Court’s designation of streets as public fora” is limited to “sidewalks and other locales traditionally reserved for public communication.” Id. at 1266. The Supreme Court has recognized that “[n]o particularized inquiry into the precise nature of a specific street is necessary; all public streets are held in the public trust and are properly considered traditional public fora.” Frisby v. Schultz, 487 U.S. 474, 481, 108 S.Ct. 2495, 101 L.Ed.2d 420 (1988). Traditional public fora gain even more importance when they are host to core First Amendment speech. See, e.g., Hague, 307 U.S. at 515-16, 59 S.Ct. 954. In Grossman v. City of Portland, we explained that the “venerable tradition of the park as a public forum has — as suggested by the attendant image of the speaker on a soapbox — a very practical side to it as well: parks provide a free forum for those who cannot afford newspaper advertisements, television infomercials, or billboards.” 33 F.3d at 1205. Government restrictions on the use of public places such as streets, sidewalks, and parks risk placing speech on topics of public importance within the purview of only the wealthy or those who enjoy the support of local authorities. See id. at 1205 n. 8; City of Richmond, 743 F.2d at 1356 (calling for careful examination of restrictions “when their effects fall unevenly on different ... groups in society”). Section 5.60 requires a permit for “special events” on all public property within the City of Long Beach, including streets, sidewalks, and public parks. See LBMC § 5.60.020(A). “Special events” include parades, demonstrations, and assemblies of any size on public streets and sidewalks if they do not comply with applicable traffic regulations; organized assemblages of seventy-five or more people in public places; and other organized activities involving seventy-five or more persons involving the use of, or having an impact on, public property or facilities. LBMC § 5.60.010(I)(l)-(3); Long Beach Administrative Regulation (“AR”) 8-28(IV)(A)(2) (2007). To the extent that the Ordinance regulates the use of public parks, sidewalks, and streets we analyze its provisions under the standard for traditional public fora. 3. Regulation by Prior Restraint Prior restraints on speech are disfavored and carry a “heavy presumption” of invalidity. Forsyth County, 505 U.S. at 130, 112 S.Ct. 2395. “This heavy presumption is justified by the fact that ‘prior restraints on speech ... are the most serious and the least tolerable infringement on First Amendment rights.’ ” Grossman, 33 F.3d at 1204 (alteration in Grossman) (quoting Neb. Press Ass’n v. Stuart, 427 U.S. 539, 559, 96 S.Ct. 2791, 49 L.Ed.2d 683 (1976)); accord Rosen v. Port of Portland, 641 F.2d 1243, 1246-47 (9th Cir.1981). The Supreme Court explained in Ward v. Rock Against Racism, “[T]he regulations we have found invalid as prior restraints have ‘had this in common: they gave public officials the power to deny use of a forum in advance of actual expression.’ ” 491 U.S. 781, 795 n. 5, 109 S.Ct. 2746, 105 L.Ed.2d 661 (1989) (quoting Se. Promotions Ltd. v. Conrad, 420 U.S. 546, 553, 95 S.Ct. 1239, 43 L.Ed.2d 448 (1975)). But see FW/PBS, Inc. v. City of Dallas, 493 U.S. 215, 225-30, 110 S.Ct. 596, 107 L.Ed.2d 603 (1990) (invalidating as an impermissible prior restraint a licensing ordinance regulating the use of private property). A prior restraint need not actually result in suppression of speech in order to be constitutionally invalid. “The relevant question[in determining whether something is a prior restraint] is whether the challenged regulation authorizes suppression of speech in advance of its expression. ...” Ward, 491 U.S. at 795 n. 5, 109 S.Ct. 2746. In Grossman, we noted that a permitting ordinance that required a written application before users could hold an organized demonstration in a public park did not fit entirely within “classic prior restraint cases.” 33 F.3d at 1205 n. 9 (internal quotation marks and citation omitted). But we held nevertheless that the permitting system still bore “a heavy presumption against its constitutional validity.” Id. at 1204 (internal quotation marks omitted); see also Forsyth County, 505 U.S. at 130, 112 S.Ct. 2395 (applying a “‘heavy presumption’ ” against validity of a regulation imposing advance fees on parades and assemblies held on public property because it was a “prior restraint” on speech). Section 5.60 is similar to the permitting system in Grossman, though it reaches a broader range of conduct. Section 5.60 regulates not only expressive activity in parks located in Long Beach, but also any activity on public streets, sidewalks, and right-of-ways. See LBMC § 5.60.010(I)(1). Section 5.60 even regulates events that “involve[ ] the use of, or ha[ve] an impact on, public property or facilities” if such activities are “likely to require the provision of [enumerated] city services.” Id. § 5.60.010(I)(3); AR 8-28(IV)(A). B. Reasonable Time, Place and Manner Restrictions “[Reasonable time, place, [and] manner restrictions” on speech are permissible. Clark v. Cmty. for Creative Non-Violence, 468 U.S. 288, 293, 104 S.Ct. 3065, 82 L.Ed.2d 221 (1984). Such restrictions can include permitting requirements for core First Amendment speech in traditional public fora, id., and they are permissible if they satisfy four criteria. As the Supreme Court wrote in Clark, “We have often noted that restrictions of this kind are valid provided [1] that they are justified without reference to the content of the regulated speech, [2] that they are narrowly tailored to serve a significant governmental interest, and [3] that they leave open ample alternative channels for communication of the information.” Id. (bracketed numbers added). In Forsyth County v. Nationalist Movement, 505 U.S. 123, 130, 112 S.Ct. 2395, 120 L.Ed.2d 101 (1992), the Court recognized a fourth criterion: a permitting scheme “may not delegate overly broad licensing discretion to a government official.” The first criterion is that the restriction be content-neutral. That is, the restriction must be based on something other than the content of the speech. Grace, 461 U.S. at 177, 103 S.Ct. 1702. A law is content-based rather than content-neutral if “the main purpose in enacting it was to suppress or exalt speech of a certain content, or it differentiates based on the content of speech on its face.” ACLU of Nevada v. City of Las Vegas, 466 F.3d 784, 793 (9th Cir.2006). Though “an improper censorial motive” is sufficient, such a motive is not necessary to render a regulation content-based. Simon & Schuster, Inc. v. N.Y. State Crime Victims Bd., 502 U.S. 105, 117, 112 S.Ct. 501, 116 L.Ed.2d 476 (1991). If a regulation “distinguish[es] favored speech from disfavored speech on the basis of the ideas or views expressed,” it is content-based. Foti v. City of Menlo Park, 146 F.3d 629, 636 (9th Cir.1998) (internal quotation marks omitted). A content-based regulation is generally subject to strict scrutiny. The government therefore “must show that its regulation is necessary to serve a compelling state interest,” Perry Educ. Ass’n, 460 U.S. at 45, 103 S.Ct. 948, and that the regulation uses “the least restrictive means to further the articulated interest,” Fot% 146 F.3d at 636. “[A] content-based restriction on political speech in a public forum ... must be subjected to the most exacting scrutiny.” Boos v. Barry, 485 U.S. 312, 321, 108 S.Ct. 1157, 99 L.Ed.2d 333 (1988). Under the second criterion, the government must show: (1) that the governmental interest is substantial and “unrelated to suppression of expression,” Baldwin v. Redwood City, 540 F.2d 1360, 1365 (9th Cir.1976); and (2) that the regulation is narrowly tailored to meet that interest, Ward, 491 U.S. at 797, 109 S.Ct. 2746. The first aspect is substantial governmental interest. The Supreme Court has recognized substantial governmental interests in regulating competing uses of public fora, Forsyth County, 505 U.S. at 130, 112 S.Ct. 2395, in maintaining parks in an “attractive and intact condition,” Clark, 468 U.S. at 296, 104 S.Ct. 3065, in regulating “streets to protect and insure the safety, comfort, or convenience of the public,” Murdock v. Pennsylvania, 319 U.S. 105, 116, 63 S.Ct. 870, 87 L.Ed. 1292 (1943), and in collecting nominal fees to “defray the expenses of policing” the regulated activity, id. at 113-14, 63 S.Ct. 870. We have also recognized as a substantial governmental interest the need to “provide notice to the municipality of the need for additional public safety and other services.” Food Not Bombs, 450 F.3d at 1042. Although the public safety interests in regulating street use are substantial, “those interests must give way on occasion to the temporary dedication of the streets to picketing and parading.” ACORN, 798 F.2d at 1267 n. 5. Three questions guide courts in analyzing narrow tailoring, the second aspect. First, does the regulation achieve its ends without restricting substantially more speech than necessary? This “requirement ... is satisfied ‘so long as the ... regulation promotes a substantial government interest that would be achieved less effectively absent the regulation.’ ” Ward, 491 U.S. at 799, 109 S.Ct. 2746 (quoting United States v. Albertiny 472 U.S. 675, 689, 105 S.Ct. 2897, 86 L.Ed.2d 536 (1985)) (second alteration in Ward). The Supreme Court has cautioned that “this standard does not mean that a time, place, or manner regulation may burden substantially more speech than is necessary to further the government’s legitimate interests. Government may not regulate expression in such a manner that a substantial portion of the burden on speech does not serve to advance its goals.” Id. Expansive language can signal the absence of “a close fit with the governmental interests underlying the permitting requirement.” Food Not Bombs, 450 F.3d at 1040-42 (comparing a restriction that applies if an activity “may” implicate a governmental interest with a restriction that applies if the activity is “likely” to affect the interest). Second, are there obvious alternatives that would achieve the same objectives with less restriction of speech? A city is not required to select the least restrictive alternative, but “an assessment of alternatives can still bear on the reasonableness of the tailoring.” Menotti v. City of Seattle, 409 F.3d 1113, 1131 n. 31 (9th Cir.2005); see also City of Cincinnati v. Discovery Network, Inc., 507 U.S. 410, 417 n. 13, 113 S.Ct. 1505, 123 L.Ed.2d 99 (1993). Third, is a generic regulation needed “as applied to other speakers,” even if it is not needed in the case at hand? Galvin v. Hay, 374 F.3d 739, 753 (9th Cir.2004). This question addresses “[t]he multiplied effect of’ a particular expressive activity “if many other organizations likewise decided to engage in this activity on a pervasive or regular basis.” ACORN, 798 F.2d at 1270; see also Clark, 468 U.S. at 296-97, 104 S.Ct. 3065. The third criterion applicable to time, place and manner restrictions is that regulations “must leave open ample alternatives for communication.” Forsyth County, 505 U.S. at 130, 112 S.Ct. 2395. Several considerations are relevant to this analysis. First, “[a]n alternative is not ample if the speaker is not permitted to reach the intended audience.” Bay Area Peace Navy v. United States, 914 F.2d 1224, 1229 (9th Cir.1990) (internal quotation marks omitted); see also Menotti, 409 F.3d at 1138. Second, if the location of the expressive activity is part of the expressive message, alternative locations may not be adequate. Galvin, 374 F.3d at 756; ACORN, 798 F.2d at 1267 n. 5. Third, we consider the opportunity for spontaneity in determining whether alternatives are ample, particularly for political speech. City of Richmond, 743 F.2d at 1356. Fourth, we consider the cost and convenience of alternatives. City of Ladue v. Gilleo, 512 U.S. 43, 57, 114 S.Ct. 2038, 129 L.Ed.2d 36 (1994). Finally, the fourth criterion is the prohibition on regulations that confer unbridled discretion on a permitting or licensing official. Shuttlesworth v. City of Birmingham, 394 U.S. 147, 150-51, 89 S.Ct. 935, 22 L.Ed.2d 162 (1969). Regulations must contain “narrow, objective, and definite standards to guide the licensing authority,” id., and must require the official to “provide [an] explanation for his decision,” Forsyth County, 505 U.S. at 133, 112 S.Ct. 2395. The standards must be sufficient to “render [the official’s decision] subject to effective judicial review.” Thomas v. Chi. Park Dist., 534 U.S. 316, 323, 122 S.Ct. 775, 151 L.Ed.2d 783 (2002). This requirement applies to an official’s “authority to condition the permit on any additional terms” not stated in the ordinance. City of Lakewood, 486 U.S. at 772, 108 S.Ct. 2138. Y. Analysis of § 5.60 A. Description of the Ordinance Section 5.60 requires groups to obtain city-issued permits in order to hold “special events” as defined in the Ordinance. LBMC § 5.60.020(A). Permits for special events not involving expressive activity require at least sixty days advance notice to the City. By contrast, permits for special events involving expressive activity require between three and ten days advance notice, depending on the location of the planned event. Id. § 5.60.040. Certain events are exempt from the special event permit requirement. Those events include funeral processions; activities conducted by governmental agencies; filming activities governed by another provision of the municipal code; and “spontaneous parades, assemblies or demonstrations involving expressive activity” occasioned by events coming into public knowledge within five days of the event. Id. § 5.60.030(A). The City Manager “shall” grant a permit for a special event if certain criteria are satisfied. Id. § 5.60.040(J)(1)-(13). The City Manager “may” deny or revoke a permit if certain other criteria are satisfied. Id. § 5.60.070(A)(1)-(15), (B). A permittee must agree to hold harmless and indemnify the City and its officers and employees against a broad range of claims and harms, and must, under certain circumstances, obtain insurance. Id. § 5.60.080. A permittee must pay both a permit fee and “departmental services charges” to the City unless they are funded or waived by the City Council. Id. §§ 5.60.050, 5.60.090. Departmental services charges are “the actual costs which a department of the city incurs in connection with activities for which a permit is required,” including costs associated with fire safety, traffic and/or pedestrian control, water safety, the closure of streets or intersections, the diverting of traffic, the salaries of city personnel involved in administration or coordination of city services for the event, the cost to the city to provide support personnel, equipment, materials and supplies, and related city costs such as fringe benefits or employee overtime. Id. § 5.60.010(C). Departmental services charges do not include “costs incurred by the city to provide police protection to those engaged in ‘expressive activity.’” Id. However, other costs associated with expressive activities — beyond those associated with “police protection” — are included in departmental services charges. “Spontaneous” events are exempt from the permitting requirement applicable to special events. An organizer of a spontaneous event must provide at least twenty-four-hour advance notice to the City. Id. § 5.60.030(A)(5). The City Manager may impose “reasonable time, place and manner restrictions” on a spontaneous event. Id. § 5.60.030(B). Further, the City Manager may deny permission to hold a spontaneous event, based on the same criteria applicable to permits for special events. Id. §§ 5.60.030(C), 5.60.070. An organization holding a spontaneous event is not required to pay the permit application fee applicable to special events. Id. §§ 5.60.040(F), 5.60.030(A)(5). However, that organization may be required to pay departmental services charges unless those charges are funded or waived by the City Council. The Peace Network challenges nine features of § 5.60, appearing in a number of subsections of the Ordinance. We first address five features that we hold are constitutional. We then address four features that we hold are unconstitutional in whole or in part. B. Constitutional Features of § 5.60 1. Expressive Activity Distinctions The Peace Network argues that certain provisions distinguishing between “expressive activity” and other activity are impermissibly content-based because they provide for differential treatment of activities based on the messages those activities seek to convey. “ ‘Expressive Activity’ means conduct, the sole or principal object of which is the expression, dissemination or communication by verbal, visual, literary or auditory means of opinion, views or ideas. Expressive activity includes, but is not limited to, public oratory and the distribution of literature.” Id. § 5.60.010(D). It is true that some provisions of § 5.60 distinguish between expressive and non-expressive activity. E.g., id. § 5.60.010(C) (prohibiting the City Manager from imposing departmental services charges for costs incurred by the City to provide police protection to people engaged in expressive activity); id. § 5.60.020(D) (prohibiting the City Manager from imposing conditions on permits “in a manner that will unreasonably restrict expressive or other activity protected by the California or United States constitutions”); id. § 5.60.040(G) (requiring the City Manager to act on completed applications for permits involving expressive activities within two business days, to provide the applicant with written notice explaining the reasons for any denial or conditional approval, and to consult with the city attorney before denying or conditionally approving a permit involving expressive activity). However, we conclude that these distinctions between expressive activities and non-expressive activities are permissible. These subsections of § 5.60 are “justified without reference to the content of the regulated speech.” See Clark, 468 U.S. at 293, 104 S.Ct. 3065. These subsections do not show that the City has “adopted [the] regulation of speech because of disagreement with the message it conveys.” See Ward, 491 U.S. at 791, 109 S.Ct. 2746. Here, the opposite is true, for “the permissive nature of the [exceptions favoring expressive activity] furthers, rather than constricts, free speech.” See Thomas, 534 U.S. at 325, 122 S.Ct. 775. All of the provisions “treat[ ] expressive events more favorably than others.” Food Not Bombs, 450 F.3d at 1037; cf. Burk v. Augusta-Richmond County, 365 F.3d 1247, 1254-55 (11th Cir.2004) (finding an ordinance restricting public gatherings to be unlawfully content-based because it was “directed only to communicative activity, rather than to all activity, and its applicability turn[ed] solely on the subject matter of what a speaker might say”). Further, the Ordinance does not “singlet] out certain speech for differential treatment based on the idea expressed,” see ACLU of Nevada, 466 F.3d at 794 (internal quotation marks omitted), and it does “not distinguish among the expressive events based on their content,” see Food Not Bombs, 450 F.3d at 1037. Identifying “expressive activity” protected by the First Amendment can sometimes be difficult. See, e.g., Texas v. Johnson, 491 U.S. 397, 399, 109 S.Ct. 2533, 105 L.Ed.2d 342 (1989) (holding, in a 5-4 decision, that flag burning is protected activity under the First Amendment). But such difficulty arises from the nature of the constitutionally protected speech and the heightened protection provided by the First Amendment. See, e.g., Murdock, 319 U.S. at 115, 63 S.Ct. 870 (“A license tax certainly does not acquire constitutional validity because it classifies the privileges protected by the First Amendment along with the ... merchandise of ... peddlers and treats them all alike. Such equality in treatment does not save the ordinance. Freedom of ... speech ... [is] in a preferred position.”). It does not follow that those subsections of § 5.60 that treat expressive activity more favorably than non-expressive activity are impermissibly content-based. Indeed, we recently held in Food Not Bombs that comparable provisions of Santa Monica’s ordinance, distinguishing between “expressive” and “non-expressive” events, were permissible. 450 F.3d at 1037. Following Food Not Bombs, we so hold for these subsections of 5.60 as well. 2. Conditions on Permits for Special Events The Peace Network argues that § 5.60.020(D) gives the City Manager unbridled discretion to impose conditions on permits to hold special events. We disagree. This subsection allows the City Manager to impose conditions on permits only to achieve specified purposes. It provides: The city manager may condition any permit ... with reasonable requirements concerning the time, place or manner of holding such event as is necessary to coordinate multiple uses of public property, assure preservation of public property and public places, prevent dangerous, unlawful or impermissible uses, protect the safety of persons and property and to control vehicular and pedestrian traffic in and around the venue, provided that such requirements shall not be imposed in a manner that will unreasonably restrict expressive or other activity protected by the California or United States constitutions. LBMC § 5.60.020(D) (emphasis added). The subsection then goes on to provide a non-exhaustive list of conditions that the City Manager may impose to achieve these specified purposes. These conditions include “accommodation of an event’s pedestrian and vehicular traffic, including restricting events to city sidewalks, portions of a city street, or other public right-of-way,” “provision of a waste management plan, and the clean up and restoration of the site of the event,” and “reasonable designation of alternate sites, times, dates, or modes for exercising expressive activity.” Id. § 5.60.020(D)(2), (9), (13). The purposes specified in § 5.60.020(D) for imposing conditions on permits are objective and relatively precise, and have no discernable connection to the content of any particular message. Compare City of Lakewood, 486 U.S. at 753-54, 770, 108 S.Ct. 2138 (striking down as allowing unbridled discretion a city ordinance allowing the mayor to impose “any other terms and conditions deemed necessary and reasonable” (internal quotation marks omitted)), with United States v. Linick, 195 F.3d 538, 541 (9th Cir.1999) (upholding a law allowing imposition of “terms and conditions as the authorized officer deems necessary to ... otherwise protect the public interest” (alteration in original; internal quotation marks omitted)). Further, the subsection authorizes only “reasonable requirements” that are “necessary” to serve the specified purposes, and provides that any such requirements must not “unreasonably restrict” expressive activity. See Menotti, 409 F.3d at 1145 n. 63; S. Or. Barter Fair, 372 F.3d at 1139-41. We also note that § 5.60.040(G) requires the City Manager to consult with the City Attorney and to provide to an applicant a written explanation for a decision that imposes conditions on the permit. See LBMC § 5.60.040(G). Finally, we note that §§ 5.60.130(A) and .040(E) allow, in the alternative, a direct appeal of a permitting decision to either the City Council or state court. We therefore conclude that § 5.60.020(D) does not confer “unbridled discretion” on the permitting authority to impose conditions in violation of the First Amendment. Although the provision has survived this facial challenge, it might nonetheless be vulnerable to an as-applied challenge if, in its implementation, there emerged “a pattern of unlawful favoritism,” see Thomas, 534 U.S. at 324-25, 122 S.Ct. 775; see, e.g., Shuttlesworth, 394 U.S. at 156-59, 89 S.Ct. 935; Cox. v. New Hampshire, 312 U.S. 569, 575-77, 61 S.Ct. 762, 85 L.Ed. 1049 (1941), or if it resulted in an impermissibly burdensome time, place or manner restriction, see, e.g., Galvin, 374 F.3d at 747 n. 5, 752-56; One World One Family Now v. City & County of Honolulu, 76 F.3d 1009, 1012 (9th Cir. 1996). 3. Proof of Indigent Status The Peace Network also challenges as allowing unbridled discretion § 5.60.050(B), which allows the City Man-. ager to require “relevant information and documentation as may, in the opinion of the city manager or his/her designee, be reasonably necessary to verify” the indigent status of a person. The validity of § 5.60.090(E), which imposes departmental services charges on a permittee unless he or she qualifies as an “indigent natural person,” depends in part on the constitutionality of subsection .050(B). LBMC §§ 5.60.050(B), .090(E). Section 5.60.050(B) defines an “indigent natural person” to include any person who is “eligible for county relief and support” under the California Welfare and Institutions Code, but the definition “is not limited to” such persons. Id. § 5.60.050(B). An indigent natural person who desires to engage in expressive activity may request a waiver of the permit application fee imposed by subseetion.050. Id. We conclude that the eligibility provision does not confer unbridled discretion on the City Manager. First, the definition of indigency based on the California Welfare and Institutions Code is content-neutral and objective. Section 5.60.050(B) allows the City Manager to determine which “relevant information and documentation” is “reasonably necessary to verify [indigency] status.” Id. § 5.60.050(B). But the documentation requirements do not affect the definition of indigency. Rather, they merely give flexibility to the City Manager in determining whether a particular applicant has satisfied the criteria of the definition. We do not regard this flexibility as providing the sort of .unbridled discretion that would invalidate the section. A person’s indigent status is not always readily ascertainable. Proof of such status may come in many forms, depending on the circumstances of the applicant. Coupled with this array of potential forms of proof is the City’s interest in verifying that an applicant requesting a fee waiver is indeed indigent. The Ordinance, which limits the City to “relevant information” that is “reasonably necessary,” adequately ensures that the choice of means of proof is not left to the “whim” of the City Manager. Id. § 5.60.050(B); cf. S. Or. Barter Fair; 372 F.3d at 1139. Requiring additional limitations governing the type of documentation the City Manager may request as proof of indigency would be, in the words of Justice Scalia, “insisting upon a degree of rigidity that is found in few legal arrangements.” See Thomas, 534 U.S. at 325, 122 S.Ct. 775. Moreover, the indigency provisions are designed to “further[], rather than constrict!], free speech,” see id., and therefore should be construed favorably in the absence of evidence of a pattern of abuse. The Peace Network makes a related challenge to the indigency exception, contending that the definition of indigent natural person, which “is not limited to” a person eligible for county relief, vests the City Manager with unbridled discretion to decide who else may qualify for the exemption. We disagree. Indigency is a common term with a well understood definition. One may disagree, within certain limits, about the level of income or assets needed to qualify as an indigent under the Ordinance, but the disagreement will be in a fairly narrow range. Further, the Ordinance has given a baseline in specifying that persons “eligible for county relief’ qualify as indigent. We therefore conclude that the definition of indigent natural person does not confer unbridled discretion. . Like the documentary provisions, the expansive definition is designed to further, rather than to restrict, free speech and therefore should be construed favorably. We also note that if the application is denied, the City Manager must provide the applicant with a statement explaining the reasons for denial. LBMC § 5.60.070(C). The applicant has the opportunity to appeal the denial to the City Council, id. § 5.60.130(A), or, if the applicant has applied for a special event permit fewer than thirty days before the event, directly to state court, id. § 5.60.040(E). For these reasons, the proof of indigency provision does not give the City Manager unbridled discretion in violation of the First Amendment. 4. Insurance Requirement Section 5.60.080(B) provides that permittees must “procure and maintain [an insurance policy] in full force and effect during the term of the permit.” The Peace Network argues that this provision is content-based and allows public officials to exercise unbridled discretion. We disagree. Section 5.60.080(C) authorizes the City Manager to waive the insurance requirement if he determines that the planned event does not present a “substantial or significant public liability or property damage exposure for the city or its officers!.]” Further, § 5.60.080(D) provides an exception to the insurance requirement, stating that it “shall not be construed to apply to parades or special events ... involving expressive activity which enjoy protection under the United States or California constitutions!.]” To qualify for this exception, such parades or special events shall be required to either: (1) agree to indemnify, protect, defend and hold harmless the city, its officers and employees against all claims, damages, expenses, loss or liability of any kind or nature whatsoever arising out of, or resulting from, the alleged acts or omissions of permittee, its officers, agents or employees in connection with the permitted parade, event or activity; or (2) agree to redesign -or reschedule the permitted event to respond to specific risks, hazards and dangers to the public health and safety identified by the city manager as being reasonably foreseeable consequences of the permitted parade or special event[.] Id. In Food Not Bombs, we examined Santa Monica’s similar insurance requirement. 450 F.3d at 1056-57 (Kleinfeld, J., writing for the majority); id. at 1049-52 (Berzon, J., dissenting in part). The Santa Monica ordinance required permittees to obtain insurance “that the Risk Manager determines to be necessary and adequate under the circumstances” for demonstrations and parades. Id. at 1028 (Berzon, J., maj. op.) (internal quotation marks omitted). The ordinance exempted expressive events from the insurance requirement, so long as the organizers indemnified the city, “unless there is a specific, demonstrable history of personal injury or property damage claims being awarded against the applicant attributable to the applicant’s conduct of previous events in the City that are similar in nature to the proposed event.” Id. (internal quotation marks omitted). The majority of the panel upheld the insurance requirement, concluding that it was content-neutral. Id. at 1057 (Kleinfeld, J., writing for the majority). Judge Berzon, writing for herself, would have struck down the requirement as content-based. Id. at 1051-52 (Berzon, J., dissenting in part). The majority observed that [political demonstration organizers can ... avoid ... the insurance provision if they cooperate with the City Manager to design the event “to respond to specific risks, hazards and dangers to the public health and safety identified by the City Manager ... as being reasonably foreseeable consequences of the permitted event.” Thus, most demonstration organizers will not have to provide insurance and even those with a destructive history can avoid the insurance requirement if they choose to work with the City Manager to avoid repetition of past injuries or property damage. Id. at 1057 (footnote and citation omitted). The Peace Network argues that by authorizing the Long Beach City Manager to determine whether insurance is required, the Ordinance requires the City Manager to evaluate the content of the message that is conveyed. While we conclude below that the indemnification provision in § 5.60.080(A), which applies to “[e]ach permit,” is invalid in the sense that the City may not require a permit applicant to provide indemnification, we conclude that a city may authorize a permit applicant to provide, at the applicant’s option, indemnification as an alternative to insurance. Moreover, Long Beach leaves permit applicants with another alternative if they wish to hold their planned event — they may redesign the event. We see nothing to distinguish the LBMC insurance requirement from the insurance requirement we upheld as content-neutral in Food Not Bombs. The redesign language in § 5.60.080(D) is nearly identical to the language of the alternative evaluated in Food Not Bombs. Therefore, because a “valid ... alternative” exists, “the insurance provision ... presents] no constitutional problem.” Food Not Bombs, 450 F.3d at 1049-50; of. id. at 1049-50 (Berzon, J., dissenting in part) (stating that with a valid indemnification alternative the insurance provision at issue “would present no constitutional problem”). The Peace Network also argues that § 5.60.080(D) gives the City Manager unbridled discretion to impose or waive insurance requirements. However, the subsection states that the insurance provision “shall not be construed to apply” to expressive activities that qualify for the exemption. The words “shall not” do not connote discretion to require insurance for parades and special events involving expressive activities. If the availability of the exemption is triggered because the event involves expressive activity, there are three alternatives: indemnification (which we hold invalid), redesign of the event, or insurance. The Ordinance does not specify who selects between these available options. See LBMC § 5.60.080(D). The commonsense reading of this subsection is that the applicant seeking to hold a parade or special event that involves expressive activity may select between the alternatives. Section 5.60.080(C) is a logical extension of the second alternative in subsection (D). If there is no need to redesign or reschedule an expressive event because it poses no substantial risk of public liability or property damage, then the City Manager can waive the insurance requirement altogether. We read the mandatory language of subsection (D) in conjunction with the permissive language of subsection (C) to require the City Manager to waive the insurance requirement if the event does not present a substantial risk of public liability or property damage, thereby obviating any need to redesign or reschedule the event. It would be absurd to require the City Manager to propose that the event be redesigned or rescheduled in situations where the change is not necessary because the event poses minimal risks of public liability in the first place. Based on this commonsensical reading of the statute, we conclude that the insurance waiver provision provides the City Manager with content-neutral, objective factors which control and direct the City Manager’s decision whether to grant a waiver. We recognize that the Ordinance does not, in terms, require the City Manager to provide an explanation for the decision not to waive the insurance requirement. See Forsyth County, 505 U.S. at 133, 112 S.Ct. 2395. However, it does require the City Manager-to identify the “specific risks, hazards and dangers to the public health and safety” and to propose that the organizers “redesign or reschedule” the event in response to those risks. LBMC § 5.60.080(D). This communication constitutes a sufficient explanation of the City Manager’s decision. We also recognize that the Ordinance allows “any person aggrieved by the issuance, denial, or revocation of a permit” to appeal the decision to the City Council to obtain a final determination, which may then be appealed in state court. Id. § 5.60.080(A); see id. § 5.60.040(E). The Ordinance does not prohibit event organizers from using these methods of review to challenge conditions imposed on permits. See id. § 5.60.080(A); see also City of Lakewood, 486 U.S. at 772, 108 S.Ct. 2138 (applying the unbridled discretion requirements to an official’s “authority to condition the permit on any additional terms”). For these reasons, the Ordinance does not afford the City Manager unbridled discretion to exempt an applicant from the insurance requirement. 5. Criminal Liability for Violation of the Ordinance The Peace Network contends that the Ordinance is unconstitutional because it authorizes criminal liability for unknowing violations of its provisions. According to the Peace Network, the Ordinance “imposes strict liability on anyone who participates or engages in, or permits another to conduct a special event.” The Peace Network has misread the Ordinance. Section 5.60.120 authorizes a misdemeanor penalty, but does so only for a “person who intentionally violates any of the provisions of’ § 5.60. LBMC § 5.60.120. To the degree that the Ordinance is otherwise constitutional, a misdemeanor penalty for intentio