Chapter 8.40 SPECIAL EVENTS

It is the purpose of the city council to establish a process for permitting special events conducted by both the private and public sectors on private or public property that affect the ordinary use of the property, and that use City streets, facilities or services. It is recognized that these special events enhance the Kenmore lifestyle and provide benefits to the citizens through the creation of unique venues for expression and entertainment that are not normally provided as a part of governmental services. By recognizing special event venues, it is further intended to supersede other City regulations, to provide a coordinated process for the regulation of certain activities to be conducted in conjunction with special events, to ensure the health and safety of patrons of special events, to prohibit illegal activity from occurring within special event venues, and to protect the rights and interests granted a special event permit holder as well as the City. [Ord. 17-0442 § 9 (Exh. A); Ord. 12-0335 § 1 (Exh. A).]

8.40.020 Definitions.

A. “Applicant” means a person who files an application for a permit under this chapter and who is either the event organizer or authorized agent of such person.

B. “Building” means any structure used or intended for supporting or sheltering any use or occupancy. It includes push carts or sidewalk cafes, for which the sale of goods, food or beverages has been authorized.

C. “City manager” means the City of Kenmore city manager or his or her designee(s).

D. “Demonstration” means a public display of group opinion as by a rally or march, the principal purpose of which is expressive activity.

E. “Event” is a special event.

F. “Event organizer” means any person who conducts, manages, promotes, organizes, aids or solicits attendance at a special event. Upon submittal of an application for a special event permit, the event organizer shall also mean the “applicant” as referenced throughout this chapter.

G. “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 political or religious opinion, 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 sports events, including, but not limited to, marathons, fundraising events, or events the principal purpose of which is entertainment.

H. “Goods” means goods, wares, personal property, merchandise or any other similar item which is generally sold.

I. “March” means an organized walk or event whose principal purpose is expressive activity in service of a public cause.

J. “Rally” means a gathering whose principal purpose is expressive activity, especially one intended to inspire enthusiasm for a cause.

K. “Sidewalk” means that portion of a street, other than the roadway, set apart by curbs, barriers, markings or other delineation for pedestrian travel.

L. “Sign” means any sign, pennant, flag, banner, inflatable display, or other attention-seeking device.

M. “Special event” includes but is not limited to the following:

1. Any organized formation, parade, procession or assembly, and which may include animals, vehicles or any combination thereof, which is to assemble or travel in unison on any street and which does not comply with normal or usual traffic regulations or controls.

2. Any organized assemblage of persons at any public beach or public park which is to gather for a common purpose under the direction and control of a person, which interferes with normal or ordinary use of the property.

3. Any organized assemblage or gathering of 75 or more persons at any private property which does not comply with normal or ordinary use of the property.

4. Rentals or sales on publicly owned property.

5. Examples of special events include, but are not limited to, concerts, performances, parades, circuses, fairs, festivals, block parties, community events, demonstrations, farmer or outdoor market, mass participation sports (such as marathons and running events, fundraising walks, fun runs, bicycle races or tours), golf tournaments, spectator sports (such as football, basketball and baseball games) or jet-ski rentals at a public park.

N. “Special event permit” means a permit issued under this chapter.

O. “Special event venue” means that area for which a special event permit has been issued.

P. “Street” means a way or place of whatever nature, publicly maintained and open to use of the public for purposes of vehicular travel. Street includes highway.

Q. “Vendor” means any person who sells or offers to sell any goods, food, or beverages within a special event venue. [Ord. 17-0442 § 10 (Exh. A); Ord. 12-0335 § 1 (Exh. A).]

8.40.025 Special event permit required.

A. Except as provided in this chapter, an event organizer of a special event shall obtain a special event permit from the city manager. The city manager reserves the right to require a special event permit.

B. The city manager is authorized to issue permits for special events occurring within the City limits of the City pursuant to this chapter. The city manager is authorized to determine the special event venue. The city manager shall set reasonable boundaries for the special event venue, balancing the special event requirements and public health, safety, and welfare. The city manager is authorized to coordinate the issuance of a special event permit with other public agencies through whose jurisdiction or property the event or portion thereof occurs and to issue a special event permit upon the concurrence of other public agencies involved. [Ord. 17-0442 § 11 (Exh. A); Ord. 12-0335 § 1 (Exh. A).]

8.40.030 Exceptions to special event permit requirement.

A. A special event permit is not required for any activity listed in subsection C of this section.

B. Although not required to obtain a special event permit, an event organizer of an activity exempted pursuant to subsection C of this section is required to comply with all other local, State and Federal regulations applicable to the activity.

C. The following activities are exempt from the special event permit requirement:

1. Funeral processions by a licensed mortuary;

2. Weddings and wedding processions;

3. Lawful picketing on sidewalks;

4. Special events on private property with fewer than 75 people;

5. Special events that are sponsored or conducted by the City of Kenmore, and activities conducted by other governmental agency acting within the scope of its authority;

6. A fireworks display involving an assembly of persons gathered on City public property for the primary purpose of watching such fireworks display, unless the fireworks display also involves the sale of food or alcohol at a location not exempted by subsection (C)(8) of this section;

7. Special events conducted entirely on private property intended for such activities that do not involve the use of or have an impact on public property or facilities and that do not require the provision of City public safety services. However, an application for a special event may be submitted for any special event conducted on private property if the event organizer so desires;

8. Activities held inside a building or a facility intended for such activities that do not involve the use of or have an impact on public property or facilities and that do not require the provision of City public safety services; and

9. Facilities rented and approved by the City through other means of reserving or contracting. [Ord. 17-0442 § 12 (Exh. A); Ord. 12-0335 § 1 (Exh. A).]

8.40.035 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 manager to provide City services, equipment or personnel in support of an event. [Ord. 12-0335 § 1 (Exh. A).]

8.40.040 Priority of special event permit issuance.

Except for events sponsored by the City, and wherever possible, priority shall be given for the issuance of a special event permit to local tax-exempt nonprofit organizations operating in and providing services to the citizens of the City or county. [Ord. 12-0335 § 1 (Exh. A).]

8.40.045 Use of City seal or name prohibited.

It is unlawful for any event organizer to use in the title of an event the words “The City of Kenmore” or “City of Kenmore,” or a facsimile of the seal of the City of Kenmore, without the prior approval of the city manager. [Ord. 12-0335 § 1 (Exh. A).]

8.40.050 Time for filing application for special event permit – Time for notifying city manager of demonstration.

A. An application for a special event permit shall be filed with the city manager not less than 60 calendar days, nor more than two years, before the time when it is proposed to conduct the special event. Upon good cause shown and provided that there is no significant risk or burden to the City, the city manager may, in his or her discretion, allow a later filing.

B. An application for an expressive activity special event permit shall be filed with the city manager no less than seven calendar days before the time when it is proposed to conduct the expressive activity special event. Upon good cause shown and provided that no risk or burden to the City ensues, the city manager may, in his or her discretion, allow a later filing. [Ord. 12-0335 § 1 (Exh. A).]

8.40.055 When application for special event permit is deemed complete.

An application for a special event permit is deemed completed when the applicant has provided all of the information required in KMC 8.40.065, including any additional information required by the city manager. [Ord. 17-0442 § 13 (Exh. A); Ord. 12-0335 § 1 (Exh. A).]

8.40.060 Date of special event not confirmed until permit issued.

Notwithstanding the city manager’s acceptance of a completed application, no date shall be considered confirmed until a special event permit is issued. [Ord. 12-0335 § 1 (Exh. A).]

8.40.065 Content of special event permit application.

Applications for a special event permit may include the following:

A. An application form provided by the department and completed by the applicant that includes, at minimum, the name, address, email, and telephone number of the applicant; and

B. An application fee pursuant to the City’s current fee schedule. [Ord. 12-0335 § 1 (Exh. A).]

8.40.070 Conditions affecting the issuance of a special event permit.

A. The city manager may issue a special event permit when all of the conditions listed in subsections (A)(1) through (10) of this section are met.

1. The event will not substantially interrupt the safe and orderly movement of aerial or marine navigation.

2. The event will not substantially interrupt public transportation or other vehicular and pedestrian traffic in the area of its route.

3. The event will not cause an unresolvable conflict with construction or development in the public right-of-way or at a public facility.

4. The event will not block traffic lanes or close streets during peak commuter hours on weekdays between 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. on State Route 522 or any streets designated as “principal arterials.”

5. The event will not require the diversion of a great number of police employees from their normal duties, thereby preventing reasonable police protection to the remainder of the City.

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

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

8. The 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 events or unscheduled governmental functions such as visits of chiefs of state.

9. The event will not have unmitigatable adverse impact upon residential or business access and traffic circulation in the same general venue.

10. If the event is a marathon, it will not occur within 30 calendar days of another marathon.

B. To make the determination under subsection A of this section, the city manager shall consider pedestrian and traffic circulation, traffic volume and population density.

C. In order to ensure that the conditions in subsection A of this section are met, the city manager may place conditions on the special event permit. [Ord. 12-0335 § 1 (Exh. A).]

8.40.075 Denial of a special event permit.

A. The city manager may deny a special event permit if the city manager determines that the applicant has not:

1. Provided a sufficient number of traffic controllers trained, certified and appointed pursuant to the City’s road standards;

2. Provided sufficient monitors for crowd control and safety;

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

4. 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 event; or

5. Met all of the requirements for submitting an application for a special event permit.

B. The city manager may deny a special event permit if the city manager determines that:

1. The event will create the imminent possibility of violent disorderly conduct likely to endanger public safety or to result in significant property damage;

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

3. The event fails to conform to the requirements of law or duly established City ordinance;

4. The applicant demonstrates an inability or unwillingness to conduct an 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;

6. The event will require the exclusive use of beach or park areas during any period from Memorial Day through Labor Day in a manner which will adversely impact upon the reasonable use or access to those areas by the general public;

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

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

9. The applicant has failed to comply with any term of this chapter, or with any condition of a special event permit previously issued to the applicant.

C. If the city manager denies the application for the special event permit pursuant to this section, he or she shall notify the applicant in writing as soon as is reasonably practical. The city manager’s decision shall be final. [Ord. 12-0335 § 1 (Exh. A).]

8.40.080 Display of special event permit required.

A copy of the special event permit shall be displayed in the special event venue in the method prescribed by the city manager applicable to the particular event and shall be exhibited upon demand of any City official. [Ord. 12-0335 § 1 (Exh. A).]

8.40.085 Contents of special event permit.

A. A special event permit shall contain the following information or conditions:

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

2. The date, assembly area, time for assembly and starting time of the special event;

3. The specific route plan to the special event;

4. The minimum and maximum speeds of the special event;

5. The number of persons, number and types of animals, vehicles and bands, other musical units and equipment capable of producing sound, if any, and limitations thereon pertaining to noise mitigation;

6. The maximum interval of space to be maintained between booths or other structures to be used for the special event;

7. The portion of the street and sidewalk that is to be occupied by the event and the location of reviewing or audience stands, if any;

8. The number and location of traffic controllers, monitors, other support personnel and equipment and barricades to be furnished by the special event organizer;

9. The area and time for disbanding;

10. Conditions or restrictions on the use of alcoholic beverages and authorization for and conditions of the exclusive control or regulation of vendors and related sales activity by the event organizer during the special event;

11. Provisions for any required emergency medical services; and

12. Such other information and conditions as are reasonably necessary for the conduct of the special event and the enforcement of this chapter, including the requirement for the on-site presence of the event organizer or its designated representative for all event coordination and management purposes.

B. As a condition of the issuance of a special event permit, the applicant shall be required to make adequate provisions for cleaning up the area or route of the event both during and upon completion of the event and to return the area or route to the same condition of material preservation and cleanliness as existed prior to the event. [Ord. 12-0335 § 1 (Exh. A).]

8.40.090 Insurance and indemnity required to conduct special event.

A. Indemnification/Hold Harmless. Applicant shall defend, indemnify and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, which arises out of the use of special event venue or from any activity, work or thing done, permitted, or suffered by applicant in or about the special event venue, except only such injury or damage as shall have been occasioned by the sole negligence of the City.

B. Insurance Term. Applicant shall procure and maintain for the duration of the use or rental period insurance against claims for injuries to persons or damage to property which may arise from or in connection with the use of the facilities and the activities of the applicant and his or her guests, representatives, volunteers and employees.

C. No Limitation. Applicant’s maintenance of insurance as required by the special events permit shall not be construed to limit the liability of the applicant to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity.

D. Required Insurance. Applicant’s required insurance shall be as follows:

General liability insurance shall be at least as broad as Insurance Services Office (ISO) occurrence form CG 00 01 covering premises, operations, products-completed operations and contractual liability. The City shall be named as an additional insured on applicant’s general liability insurance policy using ISO additional insured-managers or lessors of premises Form CG 20 11 or an endorsement providing at least as broad coverage. The general liability insurance shall be written with limits no less than $1,000,000 each occurrence, $1,000,000 general aggregate.

The insurance policy shall contain, or be endorsed to contain, that the applicant’s insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or self-insured pool coverage maintained by the City shall be excess of the applicant’s insurance and shall not contribute with it.

E. City Full Availability of User Limits. If the applicant maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by the applicant, irrespective of whether such limits maintained by the applicant are greater than those required by this contract or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the applicant.

F. Certificate of Insurance and Acceptability of Insurers. The applicant shall provide a certificate of insurance evidencing the required insurance before using the special event venue. [Ord. 17-0442 § 14 (Exh. A); Ord. 12-0335 § 1 (Exh. A).]

8.40.095 Waiver of insurance requirements.

A. Except for special events where the sale of alcoholic beverages is authorized or where a traffic control plan is required, the insurance requirements of KMC 8.40.090 may be waived by the city manager.

B. Even though insurance is waived, the city manager may require the event organizer of a special event to defend, indemnify and hold harmless the City from any claim or liability arising from the event in conformance with KMC 8.40.090(F). [Ord. 12-0335 § 1 (Exh. A).]

8.40.100 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 manager determines:

1. That the event cannot be conducted without violating the standards or conditions for special event permit issuance;

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

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

4. The event organizer or any person associated with the event has failed to obtain any other permit required pursuant to this code; or

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

C. Except as provided in subsection D of 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 manager may notify the permit holder verbally of the revocation. [Ord. 12-0335 § 1 (Exh. A).]

8.40.105 Cost recovery for special events.

A. Upon approval of an application for a permit for a special event not protected under the First and Fourteenth Amendments of the U.S. Constitution, the city manager should provide the applicant with a statement of the estimated cost of City services and of equipment, materials and permit fees. Except as otherwise provided in this chapter, or when funded or waived by the City, the city manager shall charge for the actual and indirect cost (including allocated salary, benefit and overhead costs associated with the position) for:

1. City personnel involvement in event traffic control, fire safety or other facility or event support; and

2. The use of City equipment and other nonpersonnel expense.

B. The city manager shall require payment of fees required pursuant to subsection A of this section, or a reasonable estimate thereof, at the time the completed application is approved, unless the city manager for good cause extends time for payment.

C. If the event organizer fails to comply with KMC 8.40.085(B), the event organizer will be billed for actual City costs for clean-up and repair of the area or route occasioned by the event. If the event organizer failed to comply with KMC 8.40.085(B) under a previously issued special event permit, the city manager may require the event organizer to deposit adequate surety in the form of cash or bond. [Ord. 12-0335 § 1 (Exh. A).]

8.40.110 Expressive activity special event.

A. When a special event permit is sought for an expressive activity such as a demonstration, rally, or march as defined in this chapter, the following exceptions shall apply:

1. Where the special event will not require temporary street closures, cost recovery, pursuant to KMC 8.40.105, shall be limited solely to a fee based on the cost of processing the permit application.

2. The insurance requirement of KMC 8.40.090 shall be waived; provided, that the event organizer has filed with the application a verified statement that he or she intends the special event purpose to be First Amendment expression and the cost of obtaining insurance is financially burdensome and would constitute an unreasonable burden on the right of First Amendment expression. The verified statement shall include the name and address of one insurance broker or other source for insurance coverage contacted to determine premium rates for coverage.

3. Where the special event will require temporary street closures and any one or more of the conditions of subsection (A)(4) of this section are met requiring the City to provide services in the interests of public health, safety, and welfare, the city manager may condition the issuance of the special event permit upon payment of actual, direct costs incurred by the City to a maximum of $500.00. Any fee schedule adopted by the City shall contain a provision for waiver of, or a sliding scale for payment of, fees for City services, including police costs, on the basis of ability to pay.

4. The city manager may deny a special event permit for a demonstration, rally or march if:

a. The special event will substantially interrupt public transportation or other vehicular and pedestrian traffic in the area of its route;

b. The special event will cause an irresolvable conflict with construction or development in the public right-of-way or at a public facility;

c. The special event will block traffic lanes or close streets during peak commuter hours on weekdays between 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. on streets designated as arterials by the City’s public works department;

d. The special event will require the diversion of police employees from their normal duties;

e. The concentration of persons, animals, or vehicles will unduly interfere with the movement of police, fire, ambulance, and other emergency vehicles on the streets;

f. The special event will substantially interfere with another 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

g. The special event will have significant adverse impact upon residential or business access and traffic circulation in the same general venue.

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. KMC 8.40.070 and 8.40.075 shall not apply to expressive activity special events. [Ord. 12-0335 § 1 (Exh. A).]

8.40.120 City manager authorized to adopt rules and regulations.

The city manager is authorized to promulgate additional rules and regulations that are consistent with and that further the terms and requirements set forth within this chapter and the provisions of law that pertain to the conduct and operation of a special event. [Ord. 12-0335 § 1 (Exh. A).]

8.40.125 Enforcement authority.

The city manager is authorized to administer and enforce the provisions of this chapter. The city manager and his or her designated code enforcement officer may exercise any enforcement powers as set forth in Chapter 1.20 KMC. [Ord. 12-0335 § 1 (Exh. A).]

8.40.130 Unlawful to conduct or promote attendance at special event without permit.

A. It is unlawful to conduct a special event without a special event permit as required pursuant to this chapter.

B. It is unlawful for any person to conduct, promote or manage any special event for which a special event permit has not been issued. [Ord. 12-0335 § 1 (Exh. A).]

8.40.135 Other permits and licenses.

A. 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 this code.

B. The issuance of any other permit or license issued pursuant to this code does not relieve any person from the obligation to obtain a special event permit pursuant to this chapter. [Ord. 12-0335 § 1 (Exh. A).]

8.40.140 Unlawful to sell goods in special event venue without authorization.

It is unlawful for any person to sell, resell, or offer to sell or resell any goods, food or beverages in a special event venue, except:

A. From any building; or

B. From any tent, booth or temporary structure expressly authorized pursuant to a special event permit; or

C. As authorized pursuant to a conditional use permit pursuant to the City of Kenmore zoning code. [Ord. 12-0335 § 1 (Exh. A).]

8.40.145 Unlawful selling of tickets to special event within special event venue.

It is unlawful for any person to sell for profit, or offer to sell for profit, any ticket of admission to a special event within a special event venue, except:

A. From any ticket office, booth, or other similar place established and maintained for the purpose of selling tickets; and

B. With the express authorization of the city manager pursuant to a special event permit. [Ord. 12-0335 § 1 (Exh. A).]

8.40.150 Unlawful to display signs in special event venue.

It is unlawful for any person to place, post, paint, erect, display, secure, or maintain any sign or advertising in violation of those provisions of Chapter 18.42 KMC, regulating signs and advertising displays, except with the express authorization of the city manager pursuant to a special event permit. [Ord. 12-0335 § 1 (Exh. A).]

8.40.165 Unlawful to interfere with special event or demonstration.

It is unlawful for any person to obstruct, impede or interfere with any authorized assembly, person, vehicle or animal participating in an event for which a special event permit has been issued. [Ord. 12-0335 § 1 (Exh. A).]

8.40.170 Cost recovery for unlawful special event.

Whenever a special event is conducted without a special event permit when one is required, or an event is conducted in violation of the terms of an issued special event permit, the event organizer shall be responsible for, and the city manager 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 event, or the violation of the special event permit, upon public safety. [Ord. 12-0335 § 1 (Exh. A).]