Chapter 5.40
SPECIAL EVENTS
Sections:
5.40.090 Exemptions from permit fee.
5.40.120 Cost recovery for special events.
5.40.130 Permit location and general standards.
5.40.150 Denial of application.
5.40.190 Revocation or suspension.
5.40.200 Authorized special event vendors.
5.40.210 Penalty for violation.
5.40.010 Purpose and policy.
Special events occur infrequently and are temporary in nature. They may be associated with promotions, holidays, festivals, etc. Special events shall be allowed by a special events permit granted by the mayor or designated appointee. (Ord. 06-19 § 2, 2006)
5.40.020 Intent.
The city specifically intends to place the obligation of complying with the requirements of this chapter upon the applicant or sponsor. The city intends that nothing contained in this chapter be construed to create or form the basis for liability on the part of the city, or its officers, employees or agents for any injury or damage resulting from the failure of the applicant or sponsor to comply with the provisions stated herein. (Ord. 06-19 § 2, 2006)
5.40.030 Responsibility.
This chapter does not create any duty owed by the city to any specific person, party, or class. Any duty nonetheless deemed to exist or arise in connection with the city’s permitting function shall be deemed a duty to the general public as a whole and not to any specific person, party, or class. (Ord. 06-19 § 2, 2006)
5.40.040 Definitions.
For the purpose of this chapter, the city specifically defines the following words and phrases:
A. “Applicant” shall mean any person, organization, group, or association who seeks a special events permit to conduct or sponsor an event governed by this chapter.
B. “Assembly” is a public gathering or group of people organized for the purpose of advocating causes, public celebration, expressing ideas or conveying a message to the public or public display.
C. “Athletic event” shall mean an occasion in which a group of persons collect to engage in or watch a sport or form of exercise on private or public property and/or on a city street, sidewalk, alley, or other street right-of-way, which obstructs, delays or interferes with the normal flow of pedestrian or vehicular traffic, or does not comply with traffic laws or controls. Athletic events include, but are not limited to, bicycle and foot races.
D. “Block party” shall mean a festive gathering on a private property or a street which may or may not require the closure of a street, or a portion thereof, to vehicular traffic, and/or use of the street for the festivity including barbecues, picnics, music or games.
E. “Demonstration” is a public gathering for the purpose of a public display or the redress of grievances.
F. “Expressive activity” includes conduct, the sole or principal object of which is the expression, dissemination, or communication by verbal, visual, literary or auditory means of opinions, views or ideas and for which no fee or donation is charged or required as a condition of participation in or attendance at such activity. For purposes of this chapter, expressive activity does not include sport events, fundraising events, or events the principal purpose of which is entertainment.
G. “Parade” shall mean a march or procession consisting of any number of persons, animals, or vehicles, or a combination thereof, on any city street, sidewalk, alley, or other right-of-way, which obstructs, delays or interferes with the normal flow of pedestrian or vehicular traffic, or does not comply with traffic laws and controls.
H. “Permit application fee” shall mean the fee to be paid by the special events permit applicant at the time the application is filed with the city clerk. Such fee shall be set by the city council.
I. “Permittee” shall mean any person, organization, group or association who has been issued a special events permit by the mayor or appointed designee. The permittee shall have authority, subject to approval by the city, to determine participation in commercial activities during a special event.
J. “Refundable deposit” shall mean the amount of money required of a permittee by the public works department in order to assure adequate cleanup of the special event site. The deposit shall be returned to the permittee upon the completion of the event and approval of the public works department.
K. “Special event” is a preplanned activity (including a parade or demonstration) sponsored by a person, organization, group, or association that involves the use of or has an impact on public property or facilities and the provision of city public safety services in response thereto. A special event also has to be held on public property, for the purpose of entertainment, celebration, amusement, cultural recognition, amateur sports demonstrations, competition or similar activity and demonstrations, assemblies and outdoor concerts and the principal purpose of which is not expressive activity.
L. “Special events permit” shall mean the permit issued by the mayor or appointed designee after the applicant has met all applicable reviews and requirements set forth in this chapter.
M. “Tax-exempt nonprofit organization” means an organization that is exempted from payment of income taxes by federal or state law and has been in existence for a minimum of six months preceding the date of application for a special permit. (Ord. 06-19 § 2, 2006)
5.40.050 Exemptions.
The provisions of this chapter shall not apply to:
A. Funeral processions;
B. Groups required by law to be so assembled;
C. Pedestrian processions along a route that is restricted to sidewalks and crossing streets only at pedestrian crosswalks in accordance with traffic regulations and controls;
D. Activities conducted by a governmental agency acting within the scope of its authority;
E. Lawful picketing on sidewalks whose number of participants does not substantially block public thoroughfares; and
F. Activities and events deemed by the mayor or appointed designee to not require a special events permit. (Ord. 06-19 § 2, 2006)
5.40.060 Administration.
After consulting with the appropriate departments and agencies, the mayor or designated appointee shall have discretionary authority regarding special events permits. The mayor or designated appointee may approve, modify, or condition an application for a special events permit. (Ord. 06-19 § 2, 2006)
5.40.070 Permit required.
Any person, organization, group, or association desiring to conduct or sponsor a special event on private or public property, and/or which will necessitate the use of the public right-of-way, shall first obtain a special events permit. (Ord. 06-19 § 2, 2006)
5.40.080 Permit fee.
The city council shall set the fee for issuance of a special events permit by resolution. (Ord. 06-19 § 2, 2006)
5.40.090 Exemptions from permit fee.
The city shall not impose a fee in the following situations:
A. When prohibited by the First and Fourteenth Amendments to the United States Constitution, or Article I, Sections 3, 4, 5 or 11 of the Washington State Constitution. Political or religious activity intended primarily for the communication or expression of ideas shall be presumed to be a constitutionally protected event.
B. The city shall not impose a fee for a block party.
C. The city may waive fees for special events sponsored by nonprofit agencies and which further the goals and objectives of the city. (Ord. 06-19 § 2, 2006)
5.40.100 Permit application.
A. Time for Filing. Any person, organization, group, or association wishing to sponsor a special event shall apply for a special events permit by filing an application with the city clerk at least 90 days prior to the date on which the event is to begin to occur. If the special event is solely an expressive activity event, as defined by this chapter, then such application shall be filed with the city clerk not less than 30 calendar days before the expressive activity event. The mayor has discretion to allow an untimely application; provided, that the applicant shows good cause for filing untimely; and provided, that the untimely application does not cause any risk to or burden upon the city.
B. Contents of Application. On a form supplied by the city, the applicant must file a written application with the city clerk. The application must set forth:
1. The name, telephone number and address of the applicant or the principals of the applicant;
2. The date of the event;
3. The time of the event;
4. The probable number of participants;
5. The place or route of the event, including a map and written narrative of the proposed route;
6. A description of all public ways proposed to be blocked;
7. A description of the measures to be taken to protect participants and the general public from injury, including traffic control and crowd control, emergency medical services, fire and life safety services and emergency communication systems;
8. A description of the measures to be taken to ensure cleanup of any litter or damage resulting from the event;
9. The number and location of portable sanitation facilities;
10. A certification that the applicant will be financially responsible for any city fees or costs that may be imposed for the special event;
11. A copy of the tax exemption letter issued for any applicant claiming to be a tax-exempt nonprofit organization;
12. A description of the types and number of vehicles to be used in the special event;
13. Insurance and surety bond information; and
14. Any other additional information required by special event regulations.
C. The city shall not confirm the date of the special event until it issues the special events permit.
D. The city shall not deem an application for a special events permit complete until the applicant has provided all of the information required by this chapter to the city.
E. When such an event will be an exercise of rights protected by the First and Fourteenth Amendments to the United States Constitution, or Article I, Sections 3, 4, 5, or 11 of the Washington State Constitution, the application shall be processed promptly.
F. Once the application has been approved by the appropriate agencies to include police, fire, public works, building and planning, and others as determined by the mayor or designated appointee, the mayor or designated appointee shall collect the appropriate fees and issue the special events permit in the form of a letter of understanding between the city and the applicant. (Ord. 06-19 § 2, 2006)
5.40.110 Permit requirements.
A. Special event uses are to be temporary and approved for a particular zoning district by the community development director.
B. Temporary signage and temporary structures will be allowed subject to provisions of this code pursuant to the interpretive authority and discretion of the community development director.
C. Requests for temporary parking facilities for special events and street closures for special events shall be subject to provisions of this code pursuant to the interpretive authority and discretion of the police chief.
D. Requests for fire and emergency medical services shall be subject to requirements and interpretive authority and discretion of the city’s contracted service provider, Douglas County Fire District No. 2.
E. Requests for police services shall be subject to provisions of this code pursuant to the interpretive authority and discretion of the police chief.
F. Expenses for fire, police, medical services, parks, and public works crews needed for coverage and cleanup at the special event shall be prepaid and the responsibility of the permittee, even if the city waived the permit fee. (Ord. 06-19 § 2, 2006)
5.40.120 Cost recovery for special events.
A. Except when waived by the mayor or by city council resolution for any special event, the mayor or designated appointee shall charge:
1. An administrative processing fee set by city council resolution per event paid at the time of application;
2. The cost of the city personnel involved in traffic control, fire department response, facility or street support, cleanup and repair and the cost of city equipment and any other nonpersonnel expense involved in the special event.
B. Before issuing the special events permit, the mayor or designated appointee shall provide a written estimate of the fees and costs to the applicant.
C. The applicant shall pay the fees and costs to the city within 30 days from the receipt of the bill for such costs and fees.
D. When a special events permit is sought for an expressive activity involving a demonstration, rally or march, as defined by this chapter, and the special event will not require temporary street closures, cost recovery shall be limited to the administrative processing fee.
E. When a special events permit is sought for an expressive activity requiring street closure or other city services, personnel and equipment, the special events permit may be conditioned upon payment of estimated costs incurred by the city to a maximum amount of $500.00. In no way will an indigent applicant’s First Amendment rights be impaired. The terms and conditions of a permit shall not infringe upon the rights of petition, assembly or free expression protected by the First Amendment of the United States Constitution and/or Article I, Sections 3, 4 and 5 of the Washington State Constitution. (Ord. 06-19 § 2, 2006)
5.40.130 Permit location and general standards.
Temporary activities and structures may be located within all zones when consistent with the standards set forth herein below.
A. Structure. All temporary structures shall be removed within 24 hours of the termination of authorized operation, leaving the site in the same condition as it was prior to the placement of the temporary use.
B. Access and Circulation. Provisions for access and circulation shall be reviewed and approved by the public works department and/or the Washington State Department of Transportation (as applicable).
C. Setbacks. Temporary activities and structures shall be set back consistent with the zoning district in which the activity or structure is located so as not to create a traffic hazard.
D. Parking. Temporary activities and structures shall only be located where adequate provisions for off-street parking can be accommodated.
E. Noise. Noise levels generated shall not be in excess of levels allowable in the zone that the temporary use is located consistent with Chapter 173-60 WAC, as may be amended, which is incorporated by reference herein.
F. Hours of Operation. Temporary activities or structures used for the processing and/or sale of commodities shall maintain business hours that are not disruptive to the normal use of adjacent residential properties. Typically, this would occur during daylight hours and on weekdays.
G. Fumes, Odors and Dust. Temporary activities that create noxious fumes, offensive odors, or excessive amounts of airborne dust shall not be permitted or shall be required to meet applicable state standards regarding the control of such nuisances.
H. Traffic. Traffic resulting from temporary activities shall not adversely affect surrounding properties or adjoining rights-of-way.
I. Other Permit Requirements. The city may require proper insurance, indemnification and hold harmless agreements, proof of possession of any federal, state, county or local required permits or licenses, damage deposits, deposits for payment for cleanup, traffic control, security and other similar requirements, including any applicable provisions for business licenses and collection and reporting of sales tax, which shall be identified in the permit. (Ord. 06-19 § 2, 2006)
5.40.140 Permit conditions.
The mayor or designated appointee may condition the issuance of a special events permit by imposing reasonable requirements concerning time, place, and manner of the event, and such requirements as are necessary to protect the safety and rights of persons and property and the control of traffic. (Ord. 06-19 § 2, 2006)
5.40.150 Denial of application.
The city may deny a special events permit based upon a determination that:
A. The event would seriously endanger public safety;
B. The event would seriously inconvenience the general public;
C. The event would unreasonably infringe upon the rights of abutting properties;
D. The event would conflict with another proximate event;
E. The event would interfere with construction or maintenance work in the immediate vicinity;
F. There is not sufficient safety personnel or other necessary city staff to accommodate the event;
G. The applicant failed to complete the application form after being notified of the additional information or documents required;
H. Information contained in the application of supplemental information requested from the applicant is found to be false in any material detail;
I. The applicant cannot meet, or is unwilling to meet, all of the requirements of this chapter or any special conditions imposed by any of the reviewing agencies;
J. Other issues in the public interest were identified by the mayor or designated appointee; or
K. Failure to prepay expenses. (Ord. 06-19 § 2, 2006)
5.40.160 Appeal of denial.
An applicant denied a permit may appeal the denial, in writing, within 14 days of the written denial by filing a notice of appeal with the city clerk. The appeal shall be heard at the next regularly scheduled meeting of the city council which is more than seven days later than the date on which the appeal is filed. The appeal shall be decided after a properly noticed public hearing. The applicant/appellant shall first deposit with the city clerk an amount sufficient to pay for the costs of publishing public notice of the hearing on the appeal. The city council’s decision on the appeal is final. (Ord. 06-19 § 2, 2006)
5.40.170 Indemnification.
A. Prior to the issuance of the special events permit, the applicant must:
1. Agree to reimburse the city for any costs incurred by the city in repairing damage to city property occurring in connection with the permitted event.
2. Agree to defend, indemnify and save harmless the city, its appointed and elected officers and employees from and against all loss or expense, including but not limited to judgments, settlements, attorney’s fees and costs by reason of any and all claims and demands upon the city, its elected officials or employees for damages because of personal or bodily injury, including death at any time therefrom, sustained by any person or persons and on account of damage to property or loss therefrom, arising out of any activity under or in connection with the special event, except only such injury as shall have been occasioned by the sole negligence of the city, its appointed or elected officers or employees.
B. The mayor or designated appointee has the authority to require a refundable deposit as suggested by the public works department for reimbursement of the costs for cleanup services. (Ord. 06-19 § 2, 2006)
5.40.180 Insurance required.
A. As required by the mayor or designated appointee, the permittee shall provide the city with proof of commercial general liability insurance generally in the amount of $1,000,000 combined single limits per occurrence, and an endorsement naming the city of East Wenatchee as an additional insured must be provided.
B. Certificates of insurance shall be submitted to the city for approval 14 working days prior to the event. Acceptability of insurance is subject to approval by the city and/or the city’s risk manager. (Ord. 06-19 § 2, 2006)
5.40.190 Revocation or suspension.
A. A special events permit issued under this chapter shall be temporary, shall vest no permanent rights in the applicant, and may be immediately revoked or suspended by the mayor or designated appointee if:
1. The applicant made a misstatement of material fact in the information supplied;
2. The applicant fails to fulfill a term or condition of the permit in a timely manner;
3. The check submitted by the applicant in payment of the fee for a permit is dishonored;
4. The applicant requests the cancellation of the permit or cancels the event;
5. The activity endangers or threatens persons or property, or otherwise jeopardizes the health, safety or welfare of persons or property;
6. The activity conducted is in violation of any of the terms or conditions of the special events permit;
7. An emergency or supervening occurrence requires the cancellation or termination of the event in order to protect the public health or safety; or
8. The applicant fails to prepay expenses.
B. The city shall refund the permit fee in the event of a revocation caused by an emergency or supervening occurrence. The city shall refund the balance of the fee less the costs incurred if the cancellation occurs at the request of an applicant who is in compliance with this chapter. (Ord. 06-19 § 2, 2006)
5.40.200 Authorized special event vendors.
The issuance of a special events permit confers upon the permit holder the right to control and regulate the sale of goods, food and/or beverages within the special event venue in accordance with the terms and conditions of the special events permit. (Ord. 06-19 § 2, 2006)
5.40.210 Penalty for violation.
A. Any person, group, organization, association, firm, partnership, or corporation that violates any of the provisions of this chapter shall be guilty of a misdemeanor and shall, upon conviction, be punished by a fine not to exceed $1,000 or by imprisonment not to exceed 90 days or by both such fine and imprisonment. Each day or portion of a day in which a violation is committed constitutes a separate offense.
B. Any event subject to this chapter that is staged without complying with all of the provisions of this chapter shall be subject to closure by the city police department. (Ord. 06-19 § 2, 2006)
5.40.220 Severability.
If any part, provision or section of this chapter is held to be void or unconstitutional, all other parts not expressly so held shall continue in full force and effect. (Ord. 06-19 § 2, 2006)