Chapter 9.26
EVENTS AND ACTIVITIES IN COUNTY RIGHT-OF-WAY
Sections:
9.26.020 Administration and enforcement.
9.26.030 Right-of-way activity permits required.
9.26.040 Exemptions from permit requirement.
9.26.050 Constitutional protections policy.
9.26.060 Violations and penalties.
9.26.070 General conditions for permitted activity.
9.26.090 Bicycle race definitions.
9.26.100 Additional conditions for bicycle race permits.
9.26.110 Application for permit.
9.26.160 Appeal of permit denial or revocation.
9.26.010 Definitions.
The following are definitions of terms used in this chapter:
“Activity” means a use or uses of county right-of-way by an organized gathering of persons, with or without spectators, for a common purpose not regulated in other sections of the Chelan County Code.
“Applicant” means a person applying for a permit for an activity on the county right-of-way. If the applicant is an authorized agent of a third party activity organizer, the organizer shall be the permittee and shall be considered the applicant for purpose of appealing a denial of an application or revocation of a permit.
“Coordinator” means a designated person or persons who may be directly contacted by the county, other jurisdictions, or emergency services to address and resolve activity-related issues or emergencies.
“County” means Chelan County.
“Event” means “activity.”
“Organizer” means a person or organization responsible for and conducting a permitted activity.
“Permittee” means an organizer to whom or to which a permit is issued.
“Public works” or “public works department” means the Chelan County public works department.
“Right-of-way” shall mean land, property, or property interest (e.g., an easement), usually in a strip, acquired for or devoted to transportation purposes and as a utility corridor.
“Sheriff” means the Chelan County sheriff. The sheriff may act through a designee. (Res. 2022-79 (Exh. A), 8/9/22; Res. 2010-27 (Exh. A)(part), 3/2/10).
9.26.020 Administration and enforcement.
The sheriff is authorized to administer and enforce this chapter. It is unlawful to violate or fail to comply with any provision of this chapter or any condition of any permit issued under this chapter. (Res. 2022-79 (Exh. A), 8/9/22; Res. 2010-27 (Exh. A)(part), 3/2/10).
9.26.030 Right-of-way activity permits required.
Except as authorized by a county-issued right-of-way activity permit, the following activities or events on a public right-of-way in Chelan County are unlawful:
(1) Activities or events likely to or substantially obstructing or interfering with the public use of public rights-of-way; or
(2) Activities or events in which participants or spectators are likely to, or will, fail to comply with applicable traffic regulations or controls; or
(3) Activities or events which are likely to, or will, create a substantial risk to public health or safety; or
(4) Activities or events involving twenty-five or more participants; or
(5) Activities or events which are likely to interfere with or conflict with projects for improvement or repair of county roads or related structures. (Res. 2022-79 (Exh. A), 8/9/22; Res. 2010-27 (Exh. A)(part), 3/2/10).
9.26.040 Exemptions from permit requirement.
(1) The following activities are exempt from the requirement to obtain a permit under this chapter:
(A) Funeral processions.
(B) Governmental agencies, including public schools, acting within the scope of the agency authority.
(C) Lawful picketing on sidewalks or outside the traveled portion of the right-of-way.
(D) Spontaneous events outside the traveled portion of the right-of-way occasioned by news or affairs coming into public knowledge less than two business days prior to such event where such event does not occur in the portion of the right-of-way traveled by vehicles, does not otherwise substantially obstruct or interfere with the public use of public rights-of-way, does not violate applicable traffic regulations or controls, and does not create a substantial risk to public health or safety.
(2) Parades of the armed forces of the United States, military forces of this state, and forces of police and fire departments are exempt from permit approval; provided, that an application form identifying the group, providing contact information, and, as necessary, including an approved traffic control plan, is submitted to the sheriff’s office. Required information shall be indicated as such on the permit application form. (Res. 2022-79 (Exh. A), 8/9/22; Res. 2010-27 (Exh. A)(part), 3/2/10).
9.26.050 Constitutional protections policy.
This chapter is not intended, and shall not be applied or construed, to violate any constitutionally protected rights. No consideration may be given to the content of any speech, the message of any event, the identity or associational relationships of the applicant, or to any assumptions or predictions as to the amount of hostility which may be aroused in the public by the content of speech or message conveyed by the event in the making of any decision or the use of any discretion under this chapter. (Res. 2022-79 (Exh. A), 8/9/22; Res. 2010-27 (Exh. A)(part), 3/2/10).
9.26.060 Violations and penalties.
(1) A person commits the offense of unlawful right-of-way activity if the person knowingly organizes or participates in an activity on public rights-of-way in violation of this chapter.
(2) A person commits the offense of interfering with a right-of-way activity if the person knowingly blocks, obstructs, hinders, impedes the passage of, or throws objects on or toward an activity on public right-of-way or its participants; except that a person may operate a vehicle that is not part of the activity between the vehicles or persons comprising an activity if directed to do so by a police officer.
(3) Any person violating or failing to comply with any of the provisions of this chapter is guilty of a misdemeanor, and shall be punished by a fine not to exceed one thousand dollars and imprisonment in jail for a period not to exceed ninety days, or both such fine and imprisonment. Each day’s violation constitutes a separate offense.
(4) Any person who fails to comply with the provisions of this chapter is, in addition to any criminal penalties, subject to a maximum civil penalty of five thousand dollars for each day or portion of the day that the violation continues.
(5) Nothing in this chapter limits the right of the county to pursue other lawful, criminal, civil or equitable remedies to abate, discontinue, correct or discourage unlawful acts under or in violation of this chapter. (Res. 2022-79 (Exh. A), 8/9/22; Res. 2013-26 (Exh. A)(part), 3/12/13: Res. 2010-27 (Exh. A)(part), 3/2/10).
9.26.070 General conditions for permitted activity.
The following conditions shall be applicable to any activity permitted under this chapter:
(1) Participants shall obey all rules of the road and yield the right-of-way to vehicular traffic, unless otherwise provided for in the activity permit, or otherwise directed by the sheriff, any deputy sheriff, or other traffic control official.
(2) Permitted activity shall be conducted in such a manner that will ensure the reasonable safety of the participants, spectators, the public, and highway users and that will protect personal and real property from injury or trespass. Reasonable safety implies that participants, spectators, and highway users have been accommodated in planning in a manner as to minimize the possibility of placing one in conflict with another and that public health issues, including sanitation and emergency aid, are addressed.
(3) The permittee shall provide adequate parking, restrooms, and spectator space to avoid parking and spectator spillover onto the road. Parking and other associated facilities shall not be located on highway rights-of-way.
(4) The permittee shall be responsible for cleanup of areas and removal of all paraphernalia and debris resulting from the activity, and will assume responsibility for any damage resulting from the activity.
(5) At any permitted event or activity during which beverages are sold by a vendor or vendors in single-use aluminum, glass, or plastic bottles or cans, the permittee shall be responsible for vendors providing a recycling program in conformity with the requirements of RCW 70.93.093.
(6) Except as otherwise prohibited by law or where an exemption is obtained as provided by this chapter, all permittees under this chapter shall obtain and maintain in full force and effect during the term of the permit general liability insurance naming Chelan County as an additional insured for this activity. The insurance shall provide coverage in an amount that the county determines, based on the information required in the application under Section 9.26.110, to be necessary and adequate to protect participants, spectators, the public, and the county from injuries or claims arising from torts or wrongful acts arising from the activity. The amount of the insurance shall not reflect or be increased because of the content of any constitutionally protected portion of the activity, but may be reduced or eliminated if the applicant cooperates with the county to design the event to respond to specific risks, hazards, and dangers to the public health and safety identified by the county as being reasonably foreseeable consequences of the permitted event. A certificate for this coverage must be on file prior to the activity. In lieu of insurance, a permittee may post cash or a bond that provides the county with the same security as the otherwise required insurance. The permittee shall hold harmless the county, its officers, agents, and employees from any claim, demand, action or judgment for property damage, personal injury or death arising from this activity.
(7) A right-of-way activity permit is only valid for that portion of the activity which occurs within Chelan County right-of way.
(8) A permit issued pursuant to this chapter shall not be transferable or assignable by the permittee to any other person or organization.
(9) A permittee shall be required to provide advance publicity and public notice of the event as set forth in the permit. (Res. 2022-79 (Exh. A), 8/9/22; Res. 2010-27 (Exh. A)(part), 3/2/10).
9.26.080 Bicycle race policy.
(1) It is the policy of Chelan County to permit bicycle racing on county rights-of-way in accordance with the conditions of this code and the latest edition of the “Washington State Bicycle Racing Guidelines.”
(2) References in the “Washington State Bicycle Racing Guidelines” shall be adapted by this reference to refer to the county, when appropriate and the context requires, as follows:
(A) References to the “State of Washington,” “WSDOT,” and “the Department” shall be construed as references to “Chelan County”; and
(B) References to “WSP” shall be construed as referring to the Chelan County sheriff and authorized law enforcement officers engaged in traffic control.
(3) Due to unique public safety concerns related to bicycle racing, additional permit conditions apply to bicycle races. (Res. 2022-79 (Exh. A), 8/9/22; Res. 2010-27 (Exh. A)(part), 3/2/10).
9.26.090 Bicycle race definitions.
Bicycles are defined in RCW 47.04.071. Bicycle racing means any contest of speed or competition in which bicycles are used.
(1) “Duathlon,” “triathlon,” or “multisport event” means a multisport race in which bicycle racing forms an essential component of the complete event. The bicycle race portion of these events is conducted similar to a time trial.
(2) “Time trials” are events in which individuals or small teams of riders separately ride the same route and distance for elapsed time. Time trials are generally started at preset intervals and held on an out and back or circuit course.
(3) “Criteriums” are massed start, high speed bicycle race events in which riders race around a closed circuit course to compete for order of finish. Criteriums are usually held on closed urban or suburban public streets. The course is normally one-half to one mile in length.
(4) “Road races” are massed start events in which riders complete a race course for order of finish. The course may be point to point, a large circuit, or repeated laps of a shorter circuit. Road races are usually held on rural or suburban roads, but may also take place on urban streets.
(5) A “rolling enclosure” is a type of traffic control where escort vehicles form a caravan leading and following a group of racers. The enclosure sets aside a moving part of the roadway in the direction of the race for exclusive use of bicyclists. Racers inside the enclosure are not required to follow the normal rules of the road but are controlled by rules set forth in the “Washington State Bicycle Racing Guidelines.” Racers are not allowed to cross the center line unless the entire road is traffic controlled. A rolling enclosure is the typical traffic control used to run a road race. (Res. 2022-79 (Exh. A), 8/9/22; Res. 2010-27 (Exh. A)(part), 3/2/10).
9.26.100 Additional conditions for bicycle race permits.
In addition to, or instead of, the general conditions for permitted activities in Section 9.26.070, the following conditions shall apply to bicycle races:
(1) A bicycle race permit authorizes competitors to ride more than two abreast on a roadway during competition.
(2) Bicycle race permit requests must include a race description stating all pertinent information required to understanding the bicycle race event. The request must include a map showing the roadway on which the race will be held. Applications must specify the number of vehicles on the roadway used to run a race, starting and anticipated finish time, maximum number of racers, number and training of course marshals, types of signing, and communications equipment.
(3) If the bicycle race only crosses a county highway, the sheriff may waive the requirement for a bicycle race permit, provided the permittee can show that reasonable traffic control and safety are provided by the organizer and other road authority; provided further, that the permittee provide the indemnification and liability insurance prescribed in subsections (4) and (5) of this section.
(4) The permittee shall indemnify, defend and save harmless Chelan County for any claim, suit, action for injuries, death or any other cause of personal injury or property damage arising from the issuance of a bicycle race permit, including claims of race participants, pedestrians, or other roadway users.
(5) The permittee shall obtain liability insurance in an amount no less than one million dollars to cover Chelan County for any and all liabilities, including all costs, attorney fees, judgments or other expenses, arising out of the use of state highways for the bicycle race event. Chelan County shall be named as an additional insured on all insurance policies.
(6) When five or more vehicles are lined up behind a bicycle race and delayed for more than five minutes, the bicycle race shall be neutralized at a place of safety to allow the vehicles to pass.
(7) Requests for bicycle race permits must comply with the current WSDOT “Washington State Bicycle Racing Guidelines.”
(8) The original or certified copy of the bicycle race permit must be available at the event site for the duration of the bicycle race event. (Res. 2022-79 (Exh. A), 8/9/22; Res. 2010-27 (Exh. A)(part), 3/2/10).
9.26.110 Application for permit.
(1) Requirement. Every person or organization required to obtain a permit under this chapter shall submit a truthful and complete permit for activity in Chelan County rights-of-way, also referred to as a Chelan County events permit, available at the department of public works, or online at the public works webpage. The applicant shall submit completed application forms, including any required exhibits or additional information, to the sheriff’s office, or electronically via the public works portal.
(2) Time. An application under this chapter shall be submitted on an approved county form at least thirty days prior to the intended date of the activity. The sheriff may waive the timeliness provisions if the sheriff determines that the organizer is able to ensure the coordination of necessary public services, the safety of the public, and reasonable public use of the public right-of-way. Applicants should apply early for events that involve blocking roads or traffic, for events which may impede or block emergency access to any area of the county, and for events involving activity in two or more jurisdictions.
(3) The sheriff may request additional information from the applicant as may be required by the county sheriff for efficient administration of this chapter, except that no information shall be required based on the content of any constitutionally protected activity. (Res. 2022-79 (Exh. A), 8/9/22; Res. 2010-27 (Exh. A)(part), 3/2/10).
9.26.120 Permit fee.
(1) A nonrefundable permit fee as adopted in Chapter 8.90 shall accompany all applications under this chapter.
(2) Permit fees shall be paid to the department of public works at its office, or electronically via the public works permit portal as available. Public works shall issue a receipt to the applicant for a permit fee and/or other money paid in advance. Such receipt shall not be construed as approval by the sheriff for the issuance of the permit. A copy of the receipt shall be attached to the permit application, unless paid electronically via the permit portal.
(3) Permit fees shall be deposited in the county general fund and county road fund applied in equal shares toward the expenses of each department for reviewing and processing applications. (Res. 2022-79 (Exh. A), 8/9/22; Res. 2013-26 (Exh. A)(part), 3/12/13: Res. 2010-27 (Exh. A)(part), 3/2/10).
9.26.140 Issuance.
(1) The Chelan County director of public works shall endorse each application for activities that can be conducted without substantially obstructing or interfering with the public use of public rights-of-way, without creating a substantial risk to public health or safety, without interfering or conflicting with projects for improvement or repair of county roads and related structures, and without violating county or other regulations.
(2) The fire district(s) in which an activity will be permitted shall be notified of each application.
(3) The sheriff shall issue a permit in the name of the county to an activity organizer qualified under the provisions of this chapter. Such permit shall be issued to the organizer/permittee under the organizer’s true name if:
(A) The activity can be conducted without endangering public health or safety; and
(B) The activity can be conducted without substantially obstructing or interfering with the public use of public rights-of-way; and
(C) The activity can be conducted without interfering or conflicting with projects for improvement or repair of county roads and related structures; and
(D) There are sufficient available public safety personnel, if the sheriff determines that such personnel are necessary, to facilitate the safe and orderly conduct of the activity, and the permittee pays in advance for the services of any required public safety personnel and use of public equipment, as deemed necessary and such reasonable amount as may be determined by the sheriff based on the information submitted in the activity permit application, the recommendation of the public works director, and other pertinent information. Collective bargaining hourly rates shall be presumed reasonable reimbursement for services of public safety personnel. Such payment shall not reflect or be increased in any way because of the content of any constitutionally protected portion of the activity or anticipated reaction thereto; and
(E) The applicant and organizer have otherwise complied with this chapter and the activity can be conducted without violating applicable laws and regulations.
(4) If the sheriff determines that the activity does not or cannot meet the requirements of this chapter, the county may:
(A) Propose an alternate route, date, or time.
(B) Propose other requirements or modifications to allow the activity to qualify under this section.
(C) Deny the permit.
(5) When a permit is denied, the sheriff shall issue written findings that the issuance of the permit would be detrimental to public peace, health, or welfare or that the activity or application is not in compliance with applicable laws and regulations. The sheriff shall notify the applicant of the denial, the findings, and the process by which the applicant may appeal. Notice shall be sent first class mail to the applicant’s address on the permit application. (Res. 2022-79 (Exh. A), 8/9/22; Res. 2010-27 (Exh. A)(part), 3/2/10).
9.26.150 Revocation.
The sheriff may revoke a permit at any time if circumstances reasonably show that an activity can no longer be conducted without substantially obstructing or interfering with the public use of public rights-of-way, without violating applicable traffic regulations or controls, or without creating a substantial risk to public health or safety. If a permit is revoked the sheriff shall provide notice as provided in Section 9.26.140(5). (Res. 2022-79 (Exh. A), 8/9/22; Res. 2010-27 (Exh. A)(part), 3/2/10).
9.26.160 Appeal of permit denial or revocation.
(1) Appeal Period. An applicant for a permit under this chapter must appeal any decision denying or revoking the permit by filing a notice of appeal with the sheriff within fourteen calendar days of issuance of the notice of the denial or revocation. Upon receipt by the sheriff of the notice of appeal, a hearing shall be held before the board of Chelan County commissioners. Notice of the hearing shall be given to the appellant at least ten calendar days prior to the hearing. The appellant shall be entitled to be heard and introduce evidence at the hearing.
(2) Appeal to Board of Chelan County Commissioners. The board of Chelan County commissioners shall hear an appeal of the denial or revocation within thirty calendar days of the filing of the notice of appeal. The decision of the board shall be rendered within five days of the close of the hearing. The decision shall be in writing and shall set forth the findings and reasons for the decision, and the applicant shall be notified in writing. The decision of the board shall be final upon issuance. (Res. 2022-79 (Exh. A), 8/9/22; Res. 2010-27 (Exh. A)(part), 3/2/10).