Chapter 5.136 SPECIAL EVENTS

A. This chapter regulates special events on or using city rights-of-way or other city-owned property, except city parks. A special event conducted on or exclusively using a city park is regulated pursuant to Chapter 9.06.

B. An expressive activity special event, as defined in Section 5.136.030, is regulated pursuant to Section 5.136.320. (Ord. 3621-18 § 1, 2018)

5.136.020 Purpose.

It is the policy of the city of Everett, as implemented through this code and any procedures adopted hereunder, to recognize the substantial community benefits that result from special events. These events enhance cultural enrichment, promote economic vitality, and enhance community identity and pride. Therefore, the city will provide for the issuance of special event permits to regulate events on the public rights-of-way or public property of the city, in the interest of public health, safety and welfare; and to provide for fees, charges, and procedures required to administer the permit process. (Ord. 3621-18 § 2, 2018)

5.136.030 Definitions.

As used in this chapter, the following terms shall have the meaning set forth below:

“City” means the city of Everett.

“City clerk” means the city clerk for the city of Everett, or designee.

“City-owned property” means all property owned or controlled by the city and open in whole or part to the general public.

“Event organizer” means any person who conducts, manages, promotes, organizes, aids, or solicits attendance for a special event. An event organizer is also considered an applicant for the purpose of this chapter.

“Everett Municipal Code” or “EMC” means the Everett Municipal Code as now enacted or subsequently amended.

“Expressive activity” means a type of special event in which the sole or principal object of the conduct is expression, dissemination or communication by verbal, visual, literary, or auditory means of opinion, views or ideas, 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 events allowing the offer for sale of goods or services or other exchange of money, the consumption of alcohol or cannabis, fundraising events, sports events, or events the principal purpose of which is entertainment.

“Large special event” means a special event expecting one hundred or more attendees, including, without limitation, the applicant, its employees, contractors, or agents.

“Neighborhood block party” means a special event for residents of a neighborhood lasting one day, with a defined beginning and end time that requires the closure of a city street.

“Right-of-way” means land which by deed, conveyance, agreement, easement, dedication, usage, or process of law is reserved for or dedicated to the general public for street, highway, alley, public utility, or pedestrian walkway purposes, whether or not the land has been improved or accepted for maintenance by the city.

“Sign” means any sign as defined by Chapter 19.04.

“Small special event” means a special event expecting fewer than one hundred attendees, including the applicant, its employees, contractors, or agents.

“Special event” means:

1. Any organized formation, parade, procession, or assembly consisting of twenty-five or more persons, or any number of persons if traveling in unison on any right-of-way in a manner that does not comply with current traffic regulations or controls, or will result in obstruction of sidewalks or other designated pedestrian paths in a manner that pedestrians not attending the special event will not be able to use the sidewalk or will likely be pushed onto the street adjacent to the portion of the sidewalk being used by event attendees for more than thirty minutes to circumvent the special event, or will impact or request the provision of governmental services in response thereto; or

2. Any other organized activity consisting of twenty-five or more persons conducted for a common or collective use, purpose, or benefit that involves the use of another city-owned property or facility, or any other organized activity consisting of any number of persons conducted for a common or collective use, purpose, or benefit that is likely to interfere with the ordinary use of city-owned property or facility or will impact or request the provision of governmental services in response thereto.

Examples of special events include concerts, parades, circuses, fairs, festivals, community events, fundraising events, private parties, neighborhood block parties, promotional events, mass participation sports (such as marathons and running events, bicycle races or tours or tournaments), or spectator sports (such as football, basketball and baseball games, golf tournaments, or vehicle or boat races).

“Special event permit” means a permit issued pursuant to this chapter.

“Special event venue” means that area for which a special event permit has been issued, which may include private property, with permission of the property owner, that is used in conjunction with right-of-way or city-owned property subject to the special event permit.

“Spontaneous special event” means a special event involving expressive activity resulting or occasioned by news or affairs coming into public knowledge within five business days of such special event.

“Vendor” means any person who sells or offers to sell any goods, food, or beverages within a special event venue. (Ord. 3621-18 § 3, 2018)

5.136.040 Special event permit required—Authority of city clerk.

A. Except as provided elsewhere in this chapter, no person shall conduct or manage a special event without a special event permit issued by the city.

B. The city clerk, in coordination with other city departments as needed, is authorized to:

1. Issue, deny, or revoke permits for special events occurring within the city, pursuant to the procedures established in this chapter.

2. Determine the special event venue, including the setting of reasonable boundaries for the special event venue, balancing the special event requirements and public health, safety, and welfare.

3. Set conditions for the special event.

4. Establish a special event permit fee, and damage and security deposits, to be paid by applicant prior to the issuance of a special event permit. (Ord. 3621-18 § 4, 2018)

5.136.050 Fees and charges.

A. Base permit fee schedule effective through December 31, 2018, is:

Special Event Type	Base Permit Fee Amount
Neighborhood Block Party	No Fee Required
Fewer Than 100 Estimated Participants	$100
100 or More Estimated Participants	$250
Expressive Activities	No Fee Required
Spontaneous Events	No Fee Required

B. The fees above will be adjusted effective January 1st of each year to reflect the current published annual change in the Seattle/Tacoma/Bremerton Consumer Price Index for all urban consumers (CPI-U), rounded to the nearest whole dollar.

C. Additional fees may include park department user fees, licensing fees, or fees associated with permit conditions, including, without limitation, the use of city services for first aid, security, traffic control, or other purpose. Such fees are in addition to the above fee schedule and are the sole responsibility of the applicant.

D. When Payable. Fees assessed from the permit fee schedule must be paid prior to or upon the issuance of the special event permit, but in no case later than ten business days prior to the date of the special event.

E. Refund. Fees charged from the fee schedule are refundable if the special event is canceled after the permit is issued and written notice is received by the city clerk’s office fifteen days prior to the date of the event. (Ord. 3621-18 § 5, 2018)

5.136.060 Time for filing application for special event permit.

A. Except as shorter time frames are authorized in Section 5.136.320 for expressive activity special events and spontaneous special events, a completed application for a special event permit shall be filed with the city clerk’s office pursuant to the following schedule:

1. Neighborhood Block Parties. Not less than thirty calendar days before the proposed event.

2. Small Special Events. Not less than sixty calendar days before the proposed event.

3. Large Special Events. Not less than ninety calendar days before the proposed event.

B. An application may not be submitted more than eighteen months in advance of the proposed special event.

C. Upon good cause shown and provided that no risk or burden to the city ensues, the mayor or the mayor’s designee has discretion to allow a later filing.

D. Notwithstanding the language in subsection C of this section, any applicant who files a complete application after the deadlines set for small and large special events in subsection A of this section will be subject to a late filing fee of fifty percent of the permit fee established in Section 5.136.050. An application for a neighborhood block party filed after the deadline set in subsection A of this section will be subject to a late filing fee of ten dollars. The late filing fee is due at the time the application is filed, and the application will not be accepted without such payment. (Ord. 3621-18 § 6, 2018)

5.136.070 Exemptions from the special event permit requirement.

A. Although not required to be issued a special event permit, an event organizer of an activity exempted from this chapter is required to comply with all other applicable local, state, and federal laws. Regulations and exemptions related to expressive activity events are set forth in Section 5.136.320.

B. Nothing in this chapter shall be construed to abrogate or limit the authority and jurisdiction of the city to enforce any other provisions of the EMC.

C. The following activities are exempt from having to obtain a special event permit pursuant to this chapter:

1. Special events in the public right-of-way or sidewalks, streets, or city-owned property that are contracted for or conducted in full by the city.

2. Funeral processions by licensed mortuaries.

3. Temporary sales conducted by businesses, such as holiday sales, grand opening sales, sidewalk sales, or anniversary sales.

4. Garage sales, rummage sales, lemonade stands, car washes, and similar events that:

a. Are sponsored by individuals or nonprofit entities;

b. Do not disrupt traffic;

c. Do not involve the consumption of alcohol or cannabis; and

d. Do not last longer than two consecutive days.

5. Governmental functions conducted by a governmental agency acting within the scope of its authority. (Ord. 3621-18 § 7, 2018)

5.136.080 City department approvals required.

A. The following city departments are assigned customer service and/or approval roles in the special events permit process:

1. The cultural arts division of the parks department serves as the primary liaison to event organizers to provide technical expertise and assist event organizers in completing the special events permit process.

2. The fire department reviews and approves permit applications for public safety issues related to fire and emergency services, including site inspections as necessary.

3. The neighborhoods office provides information and guidance for neighborhood block parties.

4. The parks department reviews and approves applications that involve both park property and city right-of-way use for park issues.

5. The police department reviews and approves applications for security, crowd control and other related public safety issues.

6. Traffic engineering division of the public works department reviews and approves applications for vehicular and pedestrian safety.

7. The streets division of the public works department reviews and approves applications for street safety, impact on road construction projects, and sanitation.

8. The transit department reviews and approves applications for impacts to bus and paratransit routes. (Ord. 3621-18 § 8, 2018)

5.136.090 Issuance of a special event permit does not obligate city services.

Issuance of a special event permit pursuant to this chapter does not obligate or require the city to provide city services, equipment, or personnel in support of a special event. (Ord. 3621-18 § 9, 2018)

5.136.100 Priority of special event permit scheduling.

The city may give priority to city-sponsored events followed by annual, semiannual, or other regularly scheduled or recurring special events. If competing applications cannot be resolved on this basis, permits shall be granted to the earliest completed application received for the time and place requested. (Ord. 3621-18 § 10, 2018)

5.136.110 Preapplication meeting.

Applicants may request a preapplication meeting with city departments to discuss matters related to a possible special event with a particular focus on matters necessary for the submittal of a complete application. The city may require such a meeting after determining an application is incomplete. By way of example only, such discussions may include traffic control, traffic barriers, security, first aid, clean up, special event dates, and special event routes. (Ord. 3621-18 § 11, 2018)

5.136.120 When application for special event permit is deemed complete.

An application for a special event permit is deemed complete when the applicant has submitted a special event application that substantially complies with Section 5.136.130. The city may require additional information related to the special event or its expected impact on city rights-of-way and services. Notwithstanding the city clerk’s acceptance of a completed application, the date of the event shall not be considered confirmed until a special event permit is issued. In any case, the city shall not be responsible for any costs incurred by an applicant for planning or promoting an event by reason of the city’s denial or revocation of a special event permit. (Ord. 3621-18 § 12, 2018)

5.136.130 Content of special event permit application.

A. The city clerk will create special event permit applications for neighborhood block parties, small special events, large special events, and expressive activity events. Applications will be consistent with this chapter and based on criteria necessary to evaluate such a special event for compliance with this chapter. The application for a special event permit may include the following:

1. The name, address, telephone number, cell phone number, facsimile number, and e-mail address of the applicant.

2. A certification that the applicant will be financially responsible for any city fees or costs that may be imposed for the special event.

3. The name, address, telephone number, cell phone number, facsimile number, and e-mail address of the event organizer, if any, and the chief officer of the event, if any.

4. A list of emergency contacts that will be in effect during the event and the event web address, if any.

5. If the special event is designed to be held by, on behalf of, or for any person other than the applicant, the applicant for the special event permit shall file a written communication from such person:

a. Authorizing the applicant to apply for the special event permit on its behalf; and

b. Certifying that the applicant will be financially responsible for any costs or fees that may be imposed for the special event.

6. A statement of the purpose of the special event.

7. A statement of fees to be charged for the special event including, without limitation, admission fees.

8. A detailed description of the proposed location for the special event, including private property making up the special event venue.

9. Proposed dates and times when the special event is to be conducted.

10. The approximate times when assembly for, and disbanding of, the special event is to take place.

11. The proposed plan for set up, tear down, and clean up before and after the special event.

12. The proposed plan for garbage and recycling collection.

13. The proposed locations of the assembly or production area.

14. The specific proposed site or route, including a map and written narrative of the route.

15. The proposed site of any viewing stands.

16. The proposed site for any disbanding area.

17. Proposed alternate routes, sites or times, where applicable.

18. The approximate number of persons, animals, or vehicles that will attend the special event.

19. The kinds of animals anticipated to be part of the special event.

20. A description of the types of vehicles to be used in the special event.

21. The number and type of booths, tents, or other structures.

22. The number of vendors selling goods or services and their location.

23. The number of bands or other musical units, the nature of any equipment to be used to produce sounds or noise, and the nature and time of any activity at the event that will produce sounds or noises.

24. The number, type, and location of portable sanitation facilities.

25. Other equipment or services necessary to conduct the special event with due regard for participant and public health and safety. By way of example only, this may include audience or spectator viewing stands or seating.

26. The number of persons proposed or required to monitor or facilitate the special event and provide spectator or participant control and direction for special events using city streets, sidewalks, or facilities, and plans for family reunification efforts in the case of lost or missing children.

27. The number of persons providing security services, the places they will be located, and the means that they will be identifiable to the public.

28. The anticipated quantity and types of any alcohol that will be served at the event, for which a separate Washington State Liquor and Cannabis Board permit is required, and a description of the location where alcohol will be served.

29. Provisions for first aid or emergency medical services, or both, the places they will be located, and the means they will be identifiable to the public.

30. A traffic control plan, if the event will occur on a right-of-way or will otherwise impact vehicle or pedestrian traffic, including the number of persons managing street closures or directing traffic, the places they will be located, and the means that they will be identifiable to the public and to vehicle traffic.

31. A transportation and parking plan for event participants.

32. Liability insurance documentation, including the certificate(s) of insurance.

33. A hold harmless and indemnity agreement in such form as may be issued by, or acceptable to, the city’s risk manager.

34. Whether the applicant considers the event to qualify as an “expressive activity” special event and that the event will comply with the conditions for expressive activity. (Applicant need not identify content or subject matter of the event.)

35. Any special or unusual requirements that may be imposed or created by virtue of the proposed special event activity.

36. Any other information reasonably related to the event or its use of or impact on city services required by the city clerk. (Ord. 3621-18 § 13, 2018)

5.136.140 Conditions affecting issuance of a special event permit.

A. Where the applicant has not requested, and the city clerk, in coordination with other city departments as needed, determines that the special event does not require, a temporary street closure, or the use of city services in accordance with subsection B of this section, the city clerk will issue a special event permit when, based upon the completed application, the city clerk, in coordination with the police department, fire department, public works department, parks department, cultural arts department, and transportation services department, determines that all applicable provisions of this chapter and the conditions listed in this section are met.

1. The special event will not substantially interfere with public transportation or other vehicular traffic in the area of its route.

2. The special event will not substantially interfere with construction or development in the public right-of-way or at a public facility.

3. The special event will not substantially interfere with traffic on principal transportation arterials during peak commute hours on weekdays between seven a.m. to nine a.m. and four p.m. to six p.m. or other times as determined by the public works department.

4. The concentration of persons, animals, or vehicles will not substantially interfere with the movement of police, fire, ambulance, and other emergency vehicles on the streets.

5. The special event will move from its assembly location to its disbanding location expeditiously and without stopping en route.

6. The special event will not substantially interfere with any other special event for which a permit has already been granted or with the provision of city services in support of other scheduled special events or unscheduled governmental functions.

7. The special event will not substantially interfere with residential or business access and traffic circulation in the same general venue, as determined by the public works department.

B. Where an applicant has requested or the city clerk, in coordination with other city departments as needed, determines the event will require a temporary street closure or city services in accordance with this section, the city clerk will issue a special event permit when, based upon the completed application, the city clerk determines that:

1. The applicant has complied with all applicable provisions of this chapter; and

2. Any city department requested to provide services has provided written confirmation of its willingness and ability to provide such services or that arrangements have been made for such services to be provided. If a city department is unwilling or unavailable to provide services, the applicant must provide an alternative manner of providing a similar service if required by the city clerk.

C. In order to ensure that the conditions in this section are met, the city clerk may place conditions on the special event permit as indicated by the approving department. (Ord. 3621-18 § 14, 2018)

5.136.150 Denial of a special event permit.

A. The city clerk shall deny a special event permit to an applicant who has not met one or more of the following requirements:

1. Completed the special event application and provided the information required in full, or provided additional information as requested by the city clerk for clarification or completeness.

2. Provided a traffic control plan (if required).

3. Provided sufficient monitors for crowd control and safety.

4. Provided sufficient safety, health, or sanitation equipment services or facilities that are reasonably necessary to ensure that the special event will be conducted with due regard for safety.

5. Provided sufficient off-site parking or shuttle service, or both, when required, to minimize any substantial adverse impacts on general parking and traffic circulation in the vicinity of the special event.

6. Met all of the requirements for submitting a completed application for a special event permit, including payment of all fees due and owing, by no later than ten business days prior to the event.

B. The city clerk may deny a special event permit if, based on consideration of the permit application and from such other information obtained in reviewing the permit, including, without limitation, other city departments’ experience and expertise:

1. The special event will create the imminent possibility of violent disorderly conduct by event attendees that is likely to endanger the public or to result in significant property damage.

2. The special event will violate public health or safety laws.

3. The special event fails to conform to the requirements of law or duly established city policy.

4. The applicant demonstrates an inability or unwillingness to conduct a special event pursuant to the terms and conditions of this chapter.

5. The applicant has failed to conduct a previously authorized or exempted special event in accordance with law or the terms of a permit, or both, within five years prior to the current application.

6. The applicant has not obtained the approval of any other public agency within whose jurisdiction the special event or portion thereof will occur.

7. The applicant has failed to provide an adequate first aid or emergency medical services plan based on special event risk factors.

8. The special event will substantially interfere with residential or business access and traffic circulation in the same general venue that is not fully addressed by the proposed traffic control plan or otherwise authorized by the special event permit.

9. The special event venue includes right-of-way or city-owned property that has been part of another special event venue within seven days of the proposed special event. (Ord. 3621-18 § 15, 2018)

5.136.160 Appeals from denial or revocation of special event permit.

A. If the city clerk denies issuance of or revokes a special event permit, he or she shall notify the applicant in writing within five business days of the decision.

B. The denial or revocation of a special event permit may be appealed by providing written notice to the city clerk within five business days of the date of the city’s written decision denying or revoking the special event permit.

C. Parties to the appeal may submit documentation, testimony, or other evidence in support of their position.

D. The special event appeal committee, consisting of at least three of the following: the mayor or the mayor’s designee, police chief, fire chief, director of transportation services, and the city traffic engineer, shall consider the appeal and issue a final written decision within five business days of the city clerk’s receipt of the notice of appeal.

E. Judicial review of any such final decision may be obtained through the filing of an appropriate action with a court of competent jurisdiction within thirty days of issuance of the written decision. (Ord. 3621-18 § 16, 2018)

5.136.170 Contents of special event permit.

A. The city may condition the issuance of a special event permit by imposing reasonable requirements concerning the time, place and manner of the event, and such requirements as are necessary to protect the safety and rights of persons and property, the control of traffic and noise, and require compliance with Everett Municipal Code. A special event permit may include, but is not limited to, some or all of the following information or conditions:

1. Contact information for applicant, organizer, and other key persons associated with the event, and emergency contacts during the event.

2. The location of the special event venue, which may be identified by a map attached to the special event permit.

3. The date and time of the special event.

4. The specific route plan of the special event, if any, which may be identified by a map attached to the special event permit.

5. Whether the event is a large or small special event, a block party, or an expressive activity special event.

6. That the special event must be conducted in accordance with the terms of the approved special event application.

7. Such other information and conditions established pursuant to this section and Section 5.136.140, or as mutually agreed to by the city and the applicant or event organizer.

B. As a condition of the issuance of a special event permit, the applicant may be required to do a walk-through of the event site with city departments impacted by the special event prior to the event. (Ord. 3621-18 § 17, 2018)

5.136.180 City clerk’s action on special event permit application based on department approvals.

A. Except as provided in this section or Section 5.136.320 for expressive special events and spontaneous special events, the city clerk will take final action upon a completed application for a special event permit that has been approved by all affected city departments based on the following schedule:

1. Large Special Events. Within thirty calendar days.

2. Small Special Events. Within fifteen calendar days.

3. Neighborhood Block Parties. Within ten calendar days.

B. The city clerk is not required to take final action on an untimely special event permit application, nor on an incomplete special event permit application, so long as the city clerk, prior to taking final action, gave the applicant written notice that the application was incomplete.

C. The city clerk may extend the deadline established in subsection A of this section for good cause, the basis of which is provided in writing to the applicant.

D. Final action on a completed special event permit application shall consist of one of the following:

1. Issuance of a special event permit in accordance with the information submitted in the application; or

2. Issuance of a special event permit in accordance with the information submitted in the application, as modified by mutual agreement between the city clerk and the applicant, and/or with conditions imposed by the city clerk pursuant to this chapter; or

3. Denial of the special event permit application by the city clerk pursuant to Section 5.136.150. (Ord. 3621-18 § 18, 2018)

5.136.190 Insurance required to conduct a special event.

A. The applicant of a special event must possess or obtain commercial general liability (“CGL”) insurance and liquor liability insurance, if applicable, to protect the city against loss from liability imposed by law for damages on account of bodily injury and property damage arising from the special event and to protect the city from any and all claims and risks in connection with any activity performed by the applicant by virtue of the special event. Such insurance shall name the city of Everett, its officials, officers, employees, agents, and volunteers, and, as required, any other public entity involved in the special event, as additional insured pursuant to an endorsement. Insurance coverage must be maintained for the duration of the special event including any set up and tear down associated with the special event. Notice of cancellation shall be provided immediately to the city.

B. Except as provided in this section, CGL coverage shall be in a combined single limit of at least one million dollars per occurrence and general aggregate limit of at least two million dollars and endorsed to apply separately to the event. Liquor liability insurance, if applicable, shall be in the minimum amount of one million dollars per occurrence. CGL coverage shall be per occurrence, and primary and noncontributory to any insurance or self-insurance of the city, and shall include a waiver of subrogation.

C. If the special event is of a demonstrated high- or low-risk category, according to recognized insurance and risk management standards, the city’s risk manager may authorize a greater or lesser amount of coverage than required by this section, or may require a particular type of insurance coverage different from that specified in this section.

D. The insurance required by this section shall encompass all liability insurance requirements imposed for other permits required under other sections of this chapter and is to be provided for the benefit of the city and not as a duty, express or implied, to provide insurance protection for spectators.

E. Special events that are primarily athletic in nature (marathons, running events, triathlons, regattas and similar events) require a CGL policy which includes athletic participant coverage providing protection for claims made by athletic participants.

F. A certificate of insurance, along with necessary endorsements, shall be filed with the city clerk at least thirty calendar days before the special event, unless the city clerk for good cause modifies the filing requirements. (Ord. 3621-18 § 19, 2018)

5.136.200 Waiver of insurance requirements.

A. Except for special events where the sale of alcoholic beverages is authorized, there are planned temporary street closures, or traffic control or management plan, the insurance requirements of this chapter may be waived. In making the determination of whether to waive insurance, the city’s risk manager shall consider the following factors:

1. Whether it is objectively impossible to obtain insurance coverage;

2. Whether the special event will involve the use of equipment (other than sound equipment), vehicles, animals, fireworks, or pyrotechnics; and

3. Whether a fee or donation is charged or required as a condition of admission or participation in the special event.

B. To claim that it is objectively impossible to obtain insurance coverage pursuant to this section, the applicant shall submit a statement from at least two independent licensed insurance brokers demonstrating the insurance is unavailable in the marketplace.

C. Regardless of the language in Section 5.136.190(A), block parties shall not be required to comply with the insurance provisions of this section.

D. If insurance is waived or not required, the city’s risk manager shall require the applicant of a special event to defend, indemnify, and hold harmless the city in the following form:

Permit Holder [NAME], its employees, agents, and volunteers (collectively “Permit Holder”) shall defend, indemnify, and hold the city, its officials, officers, employees, agents, and volunteers, harmless from and against any action, or claim for loss, liability, or damage, including claims for bodily injury or death, or damage to property arising out of or resulting from (a) Permit Holder’s use, in any manner, of city right-of-way or city-owned property for the permitted special event, and (b) Permit Holder’s non-observance or non-performance of any of the terms of Permit Holder’s special event permit.

(Ord. 3621-18 § 20, 2018)

5.136.210 Notification of special event.

A. An applicant or event organizer of a large or small special event must provide written notice of the special event, at least thirty days prior to the event, to:

1. All owners of real property abutting/within one block of the special event venue and/or route. For the purposes of this notification requirement, one block includes the properties on the outermost edge of any right-of-way that is one block or less from the venue and/or route.

B. An applicant or event organizer of a neighborhood block party must provide written notice of the special event at least fifteen days prior to the event to:

1. All owners of real property abutting the special event venue.

C. The applicant or event organizer must certify to the city clerk, on a form approved by the city, that he or she has complied with this section. (Ord. 3621-18 § 21, 2018)

5.136.220 Use of city logo or name.

It is unlawful for any applicant to use in the title of an event the words “City of Everett,” the name of any city department, or a facsimile of any logo of the city of Everett or city department, without the city’s written authorization. (Ord. 3621-18 § 22, 2018)

5.136.230 Display of special event permit required.

A copy of the special event permit shall be presented upon demand of any city official. Conditions for the special event are not required to be displayed, but shall be provided upon demand of any city official. (Ord. 3621-18 § 23, 2018)

5.136.240 Revocation of special event permit.

A. Any special event permit issued pursuant to this chapter is subject to revocation, pursuant to this section.

B. A special event permit may be revoked if the city determines:

1. That the special event will be in violation of the standards or conditions for special event permit issuance or this chapter; or

2. The special event is being conducted in violation of the law or of any condition of the special event permit; or

3. The special event poses a threat to health or safety; or

4. The applicant or any person associated with the special event has failed to obtain any other permit required pursuant to the provisions of this chapter; or

5. The applicant has not paid all fees when due; or

6. The applicant has failed to provide confirmation or proof that it has obtained the minimum number of required qualified persons to perform safety functions; or

7. The special event permit was issued in error or contrary to law.

C. Except as provided in this section, notices of revocation shall be in writing and specifically set forth the reasons for the revocation.

D. If there is an emergency requiring immediate revocation of a special event permit, the city clerk or a city official may notify the permit holder verbally of the revocation and the reason(s) for the revocation. (Ord. 3621-18 § 24, 2018)

5.136.250 Cost and fee recovery for special events.

A. Excluding general law enforcement or emergency services, the city clerk shall charge for the cost of the city personnel providing services dedicated for the specific special event including, without limitation, traffic control, public safety, security, facility or street, clean up and repair services, and for the cost of using city equipment or property, and any other similar expense involved in the special event.

B. Where feasible, the fees and costs shall be estimated in writing by the city clerk to the applicant prior to the issuance of the special event permit. The city clerk shall require payment of fees and costs, or a reasonable estimate thereof, prior to the issuance of a special event permit, unless the city clerk for good cause extends time for payment.

C. Where fees and costs either cannot be reasonably estimated prior to the issuance of the special event permit, or where fees and costs were incurred as a result of the event, they shall be billed as soon as practicable after the event.

D. The fees and costs shall be paid by the applicant to the city within thirty calendar days from the receipt of the bill for such fees and costs.

E. If the applicant fails to comply with payment obligations pursuant to this chapter for the current or a past special event, the city clerk may require the applicant to deposit adequate surety in the form of cash or bond. (Ord. 3621-18 § 25, 2018)

5.136.260 Enforcement.

The city clerk has authority to administer and enforce this chapter, to coordinate with other departments necessary to administer and enforce this chapter, and to promulgate rules and regulations that are not inconsistent with this chapter. The Everett police department has authority to enforce any provision of this chapter including, without limitation, the immediate revocation of the special event permit for failure to comply with the law or the conditions of the permit, and nothing in this section shall be construed to abrogate or limit the jurisdiction of the Everett police department. (Ord. 3621-18 § 26, 2018)

5.136.270 Authorized special event vendors.

A. The issuance of a special event permit confers upon the permit holder the right to control and regulate the sale of goods, services, food and beverages within the special event venue in accordance with the terms and conditions of the special event permit.

B. Only vendors authorized by the permit holder shall be allowed to sell goods, services, food or beverages in the special event venue, as described in Section 5.136.130(A)(22).

1. Food and beverage vendors shall maintain and display their food handling licenses and permits as required by state and local law.

2. All vendors at a special event shall, upon request from any city official, provide proof of authorization from the permit holder to sell goods, services, food, and beverages at the special event.

3. Vendors shall not impede access to open businesses located inside the event venue or adjacent to the event route. (Ord. 3621-18 § 27, 2018)

5.136.280 Other permits and licenses.

The holder of a current and valid special event permit issued by the city will not be required to obtain a city right-of-way use permit or enter into a license or other agreement to use city-owned property. Except for the foregoing, the issuance of a special event permit does not relieve any person from the obligation to obtain any other permit or license required pursuant to the Everett Municipal Code or any other applicable law, including, without limitation, an Everett business license issued in accordance with Chapter 3.19. (Ord. 3621-18 § 28, 2018)

5.136.290 Cost recovery for unlawful special event.

Whenever a special event is conducted without a special event permit, when one is required, or a special event is conducted in violation of the terms of an issued special event permit, the event organizer shall be responsible for, and the city shall charge the event organizer for, all city costs incurred for personnel and equipment for a public safety response caused or necessitated by the adverse impacts of the special event or the violation of the special event permit upon public safety. Such costs shall not include costs caused exclusively by persons protesting the special event. (Ord. 3621-18 § 29, 2018)

5.136.300 Violations.

A. It is a violation of this chapter to fail to comply with or to be in conflict with any provision of this chapter. It shall be a separate offense for each and every day during which any violation of any of the provisions of this chapter is committed, continued, or permitted.

B. Penalty and enforcement provisions provided in this chapter are not exclusive, and the city may pursue any remedy or relief it deems appropriate. (Ord. 3621-18 § 30, 2018)

5.136.310 Penalties for violation.

A. In accordance with Chapter 7.80 RCW, any person, with exception of a person acting with intent pursuant to subsection B of this section, who violates a provision of this chapter shall be deemed to have committed a class 1 civil infraction with a two hundred fifty dollar penalty exclusive of statutory assessments.

B. Any person who intentionally violates a provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to such penalties as are set forth in Section 10.04.080 as now enacted or subsequently amended.

C. For the purposes of this section, the term “intentionally” or its variants has the same meaning it receives pursuant to Section 10.06.010(A). (Ord. 3621-18 § 31, 2018)

5.136.320 Expressive activity special events.

A. Section 5.136.140 shall not apply to expressive activity special events, including spontaneous events. Additionally, the following exceptions shall apply:

1. An applicant of an expressive activity special event, including a spontaneous special event, expecting fewer than one hundred attendees that will comply with all traffic and safety laws and regulations, and will not require the use of city services pursuant to Section 5.136.250, shall notify the city clerk prior to the expressive activity special event, but is not required to otherwise comply with this chapter.

2. All fees and costs established pursuant to this chapter will be waived, except costs for the use of city services pursuant to Section 5.136.250.

3. The applicant of an expressive activity special event may elect to comply with the insurance requirements of Section 5.136.190 or provide the following indemnification:

The Permit Holder, its employees, agents, and volunteers (collectively “Permit Holder”) shall indemnify and hold the city, its officials, officers, employees, agents, and volunteers harmless from any and all claims, damages, expenses, loss or liability for which Permit Holder is responsible under law resulting from willful or negligent acts or omissions of Permit Holder in connection with the permitted special event.

4. To receive the election in subsection (A)(3) of this section, the applicant must file with the special event application a verified statement that he or she intends the special event to be for expressive activity as defined by this chapter, and the cost of obtaining insurance is financially burdensome and would constitute an unreasonable burden on the right of First Amendment expression.

5. Where the expressive activity special event will require temporary street closures or require the city to provide services in accordance with Section 5.136.250, the city clerk may condition the issuance of the expressive activity special event permit upon payment of actual direct costs incurred by the city. The city clerk is authorized to adopt a fee schedule for this purpose, which must contain a provision for waiver of, or a sliding scale for payment of, fees for city services based on the ability to pay.

6. Subject to the provisions of this section, including a good faith effort by the city and applicant to resolve any conflicts pursuant to subsection (A)(8) of this section, the city clerk may deny an expressive activity pursuant to Section 5.136.150. Regardless of the foregoing, the city clerk may not consider the potential reactions of persons not attending the expressive activity special event such as bystanders or protesters to the expressive activity special event.

7. The city may not deny an expressive activity special event permit based upon the failure of the applicant to meet a submittal deadline or make a timely payment of costs incurred pursuant to Section 5.136.250. Nonetheless, the applicant must use reasonable efforts to comply with the timelines provided for in this chapter.

8. Prior to denying an expressive activity special event permit pursuant to this section, the city clerk will request the applicant of the expressive activity special event to modify the time and/or route of the expressive activity. Such modification may be made by the city clerk if he or she makes a written determination, including reasons for such determination, that the location, time, and/or route of the expressive activity special event would create a basis for denying the special event permit pursuant to subsection (A)(6) of this section. The city clerk and the applicant shall make a good faith effort to schedule the expressive activity special event for a mutually agreeable date, within seven calendar days of the original proposed date, unless a later date is agreed to by the applicant.

B. With regard to the permitting of expressive activity special events where the provisions in this section conflict with the provisions in any other section of this chapter, the provisions of this section shall prevail.

C. The classification of a special event as an expressive activity special event does not relieve any person from the obligation to obtain any other permit or license required pursuant to the Everett Municipal Code or any other applicable law. (Ord. 3621-18 § 32, 2018)

5.136.330 General provisions not applicable.

The provisions of Chapter 5.04 (General Provisions) shall not apply to this chapter. (Ord. 3621-18 § 33, 2018)

5.136.340 General duty.

It is expressly the purpose of this chapter to provide for and promote the health, safety and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter. It is the specific intent of this chapter that no provision or any term used in this chapter is intended to impose any duty whatsoever upon the city or any of its officers or employees. Nothing contained in this chapter is intended nor shall be construed to create or form the basis of any liability on the part of the city, or its officers, employees or agents, for any injury or damage resulting from any action or inaction on the part of the city related in any manner to the enforcement of this chapter by its officers, employees or agents. (Ord. 3621-18 § 37, 2018)

5.136.350 Administrative policy.

The mayor or the mayor’s designee may approve revisions, additions, or deletions to the administrative policy attached to the ordinance codified in this chapter as Exhibit A and on file with the city clerk’s office. (Ord. 3621-18 § 40, 2018)