Chapter 12.32
SPECIAL EVENT PERMIT
Sections:
12.32.030 Application – Form – Contents.
12.32.040 Review of application.
12.32.050 Mayor to issue permit – Criteria for issuance.
12.32.060 Revocation of permit.
12.32.080 Violations – Penalties.
12.32.010 Definitions.
As used in this chapter, the following terms shall have the meaning set forth below:
“Mayor” means the city mayor or his or her designee.
“Person” means any individual natural person, partnership, corporation, limited liability company, or other legal entity.
“Right-of-way” means and includes every public street, alley, road, sidewalk, and city-owned parking area located in the city.
“Special event” means any event or happening organized by the city, Cashmere chamber of commerce, Cashmere school district, any event associated with holidays observed by the city, and any community festivals observed by the city, including but not limited to Founders’ Day and Apple Days.
“Special event permit” or “permit” means the permit issued by the city following review of an application found to be consistent with the provisions of this chapter. (Ord. 1269 § 2, 2018; Ord. 1188 § 1, 2011).
12.32.020 Permit required.
It is unlawful for any person to hold or conduct any special event in the city which uses any part of city right-of-way or other city property unless such person has obtained and has in full force and effect a permit to do so issued by the city. (Ord. 1269 § 2, 2018; Ord. 1188 § 1, 2011).
12.32.030 Application – Form – Contents.
A. Any person desiring to apply for a special event permit shall do so by filing a written application with the mayor at City Hall. The application shall be made on forms provided by the city and shall include, at a minimum, the following information:
1. The name, address, and telephone number of the applicant;
2. A full and complete description of the proposed use associated with the special event and the duration of such proposed use;
3. The proposed location of the special event and the dimensions and plans for any temporary structure, including inflatable play equipment, proposed to be erected or constructed in connection with the special event;
4. The location of the city right-of-way or city property proposed to be used for the special event, including the dimensions thereof;
5. Such other and further information as the mayor may reasonably require to determine whether the application and proposed event meet all of the requirements for permit issuance established by this chapter.
B. All applications shall be accompanied by a nonrefundable application fee in an amount established by city council resolution from time to time. (Ord. 1269 § 2, 2018; Ord. 1188 § 1, 2011).
12.32.040 Review of application.
Upon receipt of a completed special event permit application, the mayor shall review the same and inquire of other departments within the city to establish whether the criteria set forth in CMC 12.32.050 are satisfied by the application. The mayor shall complete this analysis within 10 work days of receipt of an application for a special event permit. (Ord. 1269 § 2, 2018; Ord. 1188 § 1, 2011).
12.32.050 Mayor to issue permit – Criteria for issuance.
A. All permits issued under this chapter shall be issued by the mayor. A permit may be issued to the applicant only if all of the following criteria and conditions for issuance are met:
1. The proposed special event will not unreasonably endanger the participants, spectators, or the public;
2. The proposed special event will not unreasonably interfere with vehicular or pedestrian traffic flow at the proposed location;
3. Adequate plans for parking exist to meet the need generated by the proposed special event;
4. The mayor shall establish a specific period of time for the use of the right-of-way and/or city property for the special event;
5. The applicant must agree to indemnify, defend and hold the city harmless from any and all claims for bodily injury or property damage that may arise out of or in connection with the applicant’s permitted special event;
6. The applicant and any inflatable play equipment owner/operator must secure, and maintain in full force and effect throughout the duration of the special event permit, comprehensive general liability insurance for bodily injury and property damage in such amounts as the mayor deems necessary, which amounts shall not be less than $1,000,000, and shall have the city of Cashmere named as an additional named insured on the policies of insurance which shall include a provision prohibiting cancellation of said policies except upon 30 days’ prior written notice to the city;
7. Whenever in the judgment of the mayor any special event proposed requires the provision of additional city services, including, but not limited to, the employment of police officers to direct or block pedestrian or vehicular traffic, or the provisions of standby aid car or fire protection services, the applicant shall agree to directly provide for such services and/or to pay the city in advance of the special event for the actual costs of any such services;
8. The owner/operator of inflatable play equipment (also known as “bouncy houses”) shall provide proof of compliance with Chapter 67.42 RCW and Chapter 296-403A WAC, as the same exist now or as they may hereafter be amended. A certified operator shall be present at the special event and shall operate the inflatable play equipment at all times it is in use; and
9. Such other and further conditions as the mayor deems necessary to reasonably ensure that the proposed special event does not create a likelihood of endangering those who may participate or be spectators.
B. If any of the above criteria are not met by the proposal, the mayor shall deny the permit or may issue the permit with conditions as the mayor deems necessary for the application to meet all of the criteria set forth above.
C. All conditions of the permit shall be subscribed on or attached to the permit.
D. All existing Cashmere Municipal Code provisions, ordinances, resolutions, and other policies of the city shall be observed by the applicant, including, but not limited to, the city’s sign code and noise ordinance. (Ord. 1269 § 2, 2018; Ord. 1188 § 1, 2011).
12.32.060 Revocation of permit.
All permits issued pursuant to this chapter shall be temporary, shall vest no permanent rights in the applicant, and may be revoked by the mayor at any time when the mayor determines that the criteria set forth in CMC 12.32.050 are no longer being met by the applicant. If any special event for which the permit has been revoked is not immediately discontinued, the mayor may cause the removal of any structure or obstruction from the right-of-way or other city property. The cost and expense of such removal of the obstruction shall be assessed against the applicant, including all professional fees associated with enforcement of collection of the same. (Ord. 1269 § 2, 2018; Ord. 1188 § 1, 2011).
12.32.070 Appeals.
All decisions of the mayor with respect to the issuance, denial, or revocation of any application or permit under this chapter shall be final unless an appeal to the city council is filed by an aggrieved party with the city clerk/treasurer within 20 days of the date of the decision being appealed. The city council shall consider the appeal at a public meeting of the city council held within 30 days of receipt of the appeal. The city council shall decide the appeal based upon its review and analysis of the criteria set forth in CMC 12.32.050. The decision of the city council shall be final, unless an aggrieved party files an appeal in Chelan County superior court within 30 days of the decision of the city council. (Ord. 1269 § 2, 2018; Ord. 1188 § 1, 2011).
12.32.080 Violations – Penalties.
Any person who violates any of the provisions of this chapter and/or the requirements of any special use permit issued pursuant to this chapter shall be guilty of a civil infraction and shall, upon conviction thereof, be punished by a monetary penalty in any sum not to exceed $500.00 per day. Each and every day during any portion of which any violation of any provision of this chapter is committed, continued, or permitted by any person constitutes a separate offense. (Ord. 1269 § 2, 2018; Ord. 1188 § 1, 2011).