Chapter 5.36
SPECIAL EVENTS
Sections:
5.36.030 LICENSE - REQUIRED AND TERMS.
5.36.035 LICENSE - EXPIRATION AND LIMITS.
5.36.050 COMMERCIAL FILM ACTIVITIES.
5.36.060 SPONSOR TO PROVIDE VENDOR LIST.
5.36.070 USE OF CITY STREETS AND SIDEWALKS.
5.36.071 COMPLIANCE WITH OTHER PROVISIONS.
5.36.080 VIOLATIONS AND ENFORCEMENT.
Prior legislation: Ords. 4046, 4162, 4368, 5328, 5343 and 5421.
5.36.010 PURPOSE.
It is expressly the purpose of this chapter to regulate and permit certain activities which may affect public health, safety and/or the social well-being of the City and its residents. It is the goal of the City to help coordinate events that bring the community together so that they are conducted in a manner that protects public health, safety, and welfare. (Ord. 5480 §1, 2023)
5.36.020 DEFINITIONS.
"Applicant" means a person or entity that applies for a special event permit.
"Commercial filming activities" means any commercial production of a film.
"Free speech activity" means an event to exercise First Amendment rights. Free speech activities can include but are not limited to rallies, marches, protests, and other demonstrations.
"Neighborhood block party" means an opportunity to connect with neighbors, celebrate, work on common projects, and strengthen community relationships. These events are held and attended by people living in the neighborhood surrounding the street; they are not intended to be open to the general public.
"Promotional activity" means an event or series of events to attract potential consumers to purchase goods or services.
"Significant impact or variations thereof" means an effect or consequence that is more intense than, or exceeds, that which is normal, typical or customary in a particular context. The context may vary with the physical setting. Intensity depends on the magnitude and duration of an impact.
"Special event" means an otherwise unpermitted organized formation of an activity including but not limited to a parade, fun run, foot or bicycle race, fundraising walk, bike-a-thon, car show, carnival, street fair, show, exhibition, sporting event, stunt, fair, auction, circus, or any similar event, promotional activity, activity, function or occurrence that:
(a) Makes special use of City streets, alleys, sidewalks, parks, parking lots, grounds, facilities, waterways, or other City property;
(b) Significantly impacts the health, safety or welfare of the public;
(c) Obstructs vehicular or pedestrian traffic or has significant noise or visual impacts;
(d) Significantly impacts the quiet use and enjoyment of real property; or
(e) Makes use of City services or resources.
"Special event permit" means a regulatory license per Chapter 5.03 BMC for special events issued by the Department of Community Development.
"Sponsor" means a person, organization, company, nonprofit, or corporation managing, running, operating, or conducting a special event and has the authority to do so. (Ord. 5480 §1, 2023)
5.36.030 LICENSE - REQUIRED AND TERMS.
(a) No person, firm, company, or corporation shall run, manage, operate, or conduct a special event within the City without first obtaining a special event permit in addition to a general business license issued under Chapter 5.02 BMC.
(b) The City reserves the right to charge any sponsor of a special event direct costs incurred by the City as a result of the event. Such costs may include, but are not limited to, the cost of barricading streets, plan reviews, or public safety involvement.
(c) Conditions such as hours of operation, sanitation, and others may be imposed as conditions of approval if it is found they are necessary to mitigate identifiable adverse impacts.
(d) A promotional activity with temporary merchants or mobile food vendors, as defined in BMC 5.16.010, that do not have a current City business license may apply for a special event permit in lieu of individual business licenses. The sponsor must provide a list of all participating vendors per the regulations of this chapter. (Ord. 5480 §1, 2023)
5.36.035 LICENSE - EXPIRATION AND LIMITS.
(a) Special event permits shall expire the day after the last scheduled day of the event listed on the application or on December 31st of the calendar year for special events that are held multiple times throughout the year.
(b) No special event may operate more than fourteen (14) cumulative days in any calendar year. (Ord. 5480 §1, 2023)
5.36.040 EXEMPTIONS.
(a) An exemption from a special event permit is not an exemption from other approvals that may be required for the closure of roads or the exclusive use of City parks or facilities. This section does not preclude any exempt event from applying for a special event permit as an optional process for the use of City services, facilities/property, or resources.
(b) Neighborhood block parties are exempt from having to apply for and obtain a special event permit. However, in the event a neighborhood block party will require a street closure, an application for street closure must be applied for using the form and process similar to that used for street closures for special events and with such terms and conditions as established by the Director of Public Works and Utilities or designee ("Director"). The granting of a street closure is subject to the discretion of the Director.
(c) Free speech activities are exempt from obtaining a special event permit. If a free speech activity electively pursues a special event permit, it shall be processed promptly, without the charge of fee, or imposing terms or conditions that infringe upon constitutional freedoms, and in a manner that respects the liberty of the applicant(s) and the public. If a free speech activity is hosting a commercial component, such as but not limited to vendors tabling information or actively selling goods or services, a special event permit is required for the commercial component.
(d) Farmers markets are exempt from special event permits when:
(1) The event is a "qualifying farmers market" as defined per RCW 66.24.170(5)(g)(i) and only exempt goods are being sold per RCW 36.71.090; or
(2) A farmers market is held at a City park or facility and has entered into a use agreement with the City.
(e) A special event may be exempted from a special event permit at the discretion of the Director of Community Development. (Ord. 5480 §1, 2023)
5.36.050 COMMERCIAL FILM ACTIVITIES.
Commercial film activities require a special event permit except when one (1) of the following is true:
(a) Filming is part of an already approved special event permit; or
(b) When all of the following are true:
(1) There will be no obstruction of vehicular or pedestrian traffic;
(2) There will be no significant noise or visual impact;
(3) The filming does not make special use of City services or resources;
(4) A City of Bremerton business license is obtained prior to filming. (Ord. 5480 §1, 2023)
5.36.060 SPONSOR TO PROVIDE VENDOR LIST.
The sponsor of the event will provide the Director of Community Development or designee with a list of all participating vendors at least fourteen (14) days prior to the event. Additional insurance requirements may apply to certain vendors, i.e., inflatable amusement games, pyrotechnics, service of alcohol, etc. (Ord. 5480 §1, 2023)
5.36.070 USE OF CITY STREETS AND SIDEWALKS.
No person, firm, company, or corporation shall run, manage, operate, or conduct sidewalk sales, business activities or special events of any nature upon any sidewalk, street, highway, alley or other public property within the City, unless such activity is for the general public welfare and benefit. (Ord. 5480 §1, 2023)
5.36.071 COMPLIANCE WITH OTHER PROVISIONS.
No permit shall be issued to any person, firm, company or corporation to run, operate, conduct or manage any show, exhibition, game or other special event within the City which is in violation of any ordinance of the City or statute of the State of Washington. (Ord. 5480 §1, 2023)
5.36.075 INSURANCE REQUIRED.
(a) Any person, firm, company, or corporation receiving a permit pursuant to this chapter shall provide a certificate of insurance with minimum liability coverage of one million dollars ($1,000,000) each occurrence and two million dollars ($2,000,000) general aggregate, including products/completed operations coverage if food and/or beverage vending is part of the special event or public amusement. The certificate of insurance shall name the City as an additional insured using additional insured endorsement form at least as broad as Insurance Services Office, Inc. (ISO) CG 20 12 or CG 20 26. The City, at its sole discretion, reserves the right to require higher minimum limits of general liability insurance as well as different types of insurance depending on the elements of the event (i.e., drones, involving navigable waters, run/walk races, alcohol service, large crowds, pyrotechnics, etc.).
(b) Any person, firm, company, or corporation receiving a permit pursuant to this chapter shall agree to indemnify, defend and hold the City, its officers, employees, volunteers and agents harmless from all causes of action, claims or liabilities occurring in connection with the permitted event, except those which occur due to the City’s sole negligence. (Ord. 5480 §1, 2023)
5.36.080 VIOLATIONS AND ENFORCEMENT.
Any person, firm, company, or corporation that is found to be operating a special event without obtaining a special event permit according to this chapter shall be subject to penalties per BMC 5.03.140. Nonconformance with this chapter and/or the conditions of the special event permit justifies a revocation of the permit and/or denial of future applications under this chapter per BMC 5.03.060. A denial or revocation of the permit shall follow the procedures of BMC 5.03.070. Any revocation of a special event permit shall take effect at midnight the date of issuance. (Ord. 5480 §1, 2023)