Section 10. Regulations for Capitol Square

A. The Capitol Square shall be closed to the public from 11 p.m. each night until 6 a.m. the following morning, except for persons attending sessions of the General Assembly, public hearings which have not been concluded by 11 p.m. or an official function or program which has not adjourned by 11 p.m., and persons referred to in subsection B.

B. There shall be no parking of motor vehicles in the Capitol Square after 6 p.m. each evening until 6 a.m. the following morning, except for official motor vehicles, motor vehicles operated by a guest of the Governor, motor vehicles of members of the General Assembly, motor vehicles of employees of the Commonwealth on official business or motor vehicles bearing the official permit of the Division of Engineering and Buildings. During the months when daylight saving time is in effect, the Capitol Police may permit daylight parking after 6 p.m. for short periods of time to accommodate visitors and tourists. Parking in Capitol Square between the hours of 6 a.m. and 6 p.m. shall be limited to those employees of the Commonwealth who are assigned spaces, members of the General Assembly, those on official business, and visitors to the Capitol Building insofar as available parking will allow at the time in the judgment of the Capitol Police.

C. No parades, processions, assemblages or the displaying of flags, banners, or devices designed or adapted to bring into public notice any party, organization, or movement shall be permitted within Capitol Square except as provided herein.

D. With the approval of the Governor, the prohibitions set forth in subsection C may be suspended by the Director of the Division of Engineering and Buildings to permit meetings, gatherings, or assemblages if, in his discretion, the general enjoyment and use of the Capitol Square is not impaired, if freedom of movement of the public is not disrupted, and if the welfare, health, and safety of tourists, visitors, and persons performing various duties on the premises or traveling thereon are not endangered.

E. Requests for permits for assemblages, meetings, or functions by historical, partiotic, or other private groups must be in writing, must be submitted to the Director of the Division of Engineering and Buildings at least six days prior to the requested date, and must contain the following information:

1. Name of organization, date of origin, status (corporation, unincorporated association, partnership, nonprofit corporation, etc.) and name and address of registered agent, if a corporation.

2. Name, title within the organization, permanent address, occupation, and telephone number of the individual member who shall be responsible for the conduct of the meeting or function.

3. Statement as to the approximate number of members and other persons who will attend.

4. Date and specific period of time requested (from.....to.....).

5. Purpose of meeting or function, to include names and titles of speakers, if any.

F. Except for official functions of the Commonwealth of Virginia, the vehicular drives within Capitol Square must remain open at all times and the pedestrian walk-ways must afford reasonable movement of pedestrians at all times.

G. All nonstate sponsored events, without exception, will be conducted at the Bell Tower.

H. All authorized functions are expected to be concluded within approximately one hour and during a time of day that will not interfere with major pedestrian and vehicular traffic within Capitol Square, with periods such as the beginning of the workday, the noon hour, and the close of the workday being avoided.

I. Requests for meetings or functions of organizations may be denied if, after proper inquiry, the Director of the Division of Engineering and Buildings shall determine that the proposed speech (or speeches) or demonstrations will constitute a clear and present danger to the orderly processes of state government and use of the Capitol grounds by the public as set forth because of the advocacy of: (i) the violent overthrow of the government of the United States, the Commonwealth of Virginia, or any political subdivision thereof; or (ii) the willful damage or destruction, or seizure and subversion, of state buildings or other property; or (iii) the forcible disruption or impairment of or interference with the regularly scheduled functions of the Commonwealth; or (iv) the physical harm, coercion, intimidation or other invasion of lawful rights of officials of the Commonwealth or members of the public; or (v) other disorders of a violent nature.

J. The Director of the Division of Engineering and Buildings may refuse authorization for the use of Capitol Square, if he has reason to believe that the organization requesting a permit is organized, functioning, or conducting business in violation of Virginia law.

K. Authorization for the use of Capitol Square will be set forth in a letter addressed to the individual named in subsection E 2. Such authorization will automatically include all sections set forth above, together with any other specific stipulations or procedures that may be necessary at that time.

L. Violations of this chapter may result in immediate revocation of the permit by the Director of the Division of Engineering and Buildings or his duly appointed representative, and in the event such revocation occurs, all participants shall be required by the Capitol Police to leave the Capitol Square area forthwith.

Historical Notes

Derived from VR330-03-01 § 1, eff. November 12, 1970.

Statutory Authority

§§ 2.1-424 and 2.1-499 of the Code of Virginia.