Chapter 5.36
SPECIAL EVENTS1
Sections:
5.36.070 Permit fee and deposit.
5.36.080 Exemptions from permit fee.
5.36.120 Denial of application.
5.36.150 Revocation or suspension.
5.36.170 Penalty for violation.
5.36.010 Purpose and policy.
Special events are of infrequent occurrence and temporary nature and may be associated with promotions, holidays, festivals, and the like. Special events shall be allowed by a special events permit granted by the city council or designated appointee. Special event permits required by this chapter are separate from and in addition to the general business license issued under Chapter 5.04 KMC, which may also be required when applicable. (Ord. 21-010 § 6; Ord. 15-006 § 1).
5.36.020 Intent.
It is the specific intent to place the obligation of complying with the requirements of this chapter upon the applicant or sponsor, and nothing contained in this chapter is intended to 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. 15-006 § 1).
5.36.030 Definitions.
For the purpose of this chapter, words and phrases used herein are as follows:
“Applicant” shall mean any person or organization who seeks a special event permit to conduct or sponsor an event governed by this chapter.
“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.
“Block party” shall mean a festive gathering on 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.
“Expressive activity” means conduct, the sole or principal object of which is the expression, dissemination or communication by verbal, visual, literary or auditory means of opinion, views or ideas. Expressive activity includes, but is not limited to, public oratory and the distribution of literature.
“Permit application fee” shall mean the fee to be paid by the special event permit applicant at the time the application is filed with the city clerk. Such fee shall be set by the city council.
“Permittee” shall mean any person or organization that has been issued a special events permit by the city council or appointed designee. The permittee shall have authority, subject to approval by the city, to determine participation in commercial activities during a special event.
“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.
“Special event” means:
(a) Any organized formation, parade, procession, demonstration or assembly which may include persons, animals, vehicles, or any combination thereof, which is to assemble or travel in unison on any street, sidewalk or other public right-of-way owned or controlled by the city which does not comply with applicable traffic regulations, laws or controls; or
(b) Any organized assemblage of 75 or more persons at any public place, property, or facility which is to gather for a common purpose under the direction or control of a person.
(c) Examples of special events include, but are not limited to, concerts, parades, circuses, fairs, festivals, block parties, street fairs, community events, on-the-water activities (such as boat races), mass participation sports (such as marathons and other running events), athletic or sporting events, and community celebrations and observances conducted on public property or public rights-of-way.
“Special events permit” shall mean the permit issued by the city council or appointed designee after the applicant has met all applicable reviews and requirements set forth in this chapter. (Ord. 15-006 § 1).
5.36.040 Exemptions.
The provisions of this chapter shall not apply to:
(1) Funeral processions;
(2) Groups required by law to be so assembled;
(3) Pedestrian processions along a route that is restricted to sidewalks and crossing streets only at pedestrian crosswalks in accordance with traffic regulations and controls;
(4) Expressive activities. If practicable, the organizers should give notice to the city at least four hours prior to the event informing the city of the date and time of the event and provide an estimate of the approximate number of persons who will be participating.
(5) Activities of state and federal governmental agencies, including military units, which are performed within the scope of such agency’s duties and functions. (Ord. 15-006 § 1).
5.36.050 Administration.
The city council or designated appointee shall, after consultation with appropriate departments and agencies, have discretionary authority regarding special event permits. The city council or designated appointee may approve, modify, or condition an application for a special events permit, in accordance with the principles of this chapter. (Ord. 15-006 § 1).
5.36.060 Permit required.
(1) Any person desiring to conduct or sponsor a special event on public property, and/or which will necessitate the use of the public right-of-way, shall first obtain a special events permit.
(2) Any event subject to the provisions of this chapter that is staged without complying with all conditions of this chapter shall be subject to closure by the city police department. (Ord. 15-006 § 1).
5.36.070 Permit fee and deposit.
The fee for issuance of a special events permit shall be set by resolution of the city council. A clean-up deposit is required for applicants or sponsoring organizations of special events involving the sale of food or beverages for immediate consumption, the erection of structures, the use of horses or other animals, other than dogs and cats, or the use of fireworks or other incendiary devices, in an amount reasonably anticipated to be incurred in removing debris or litter caused by such special event, as determined by the city council or designee. The clean-up deposit may be returned after the special event if the applicant or sponsoring organization cleans and restores the area used for the permitted event to the same condition as existed prior to the event. If the property used for the event has not been properly cleaned or restored, the clean-up deposit shall be applied toward the city’s costs in cleaning up the permitted area. There may be requirements for police officers to control traffic, provide security, and protect people and property. Public works may have costs for placing barricades, roadway preparation, and cleanup. (Ord. 15-006 § 1).
5.36.080 Exemptions from permit fee.
No fee shall apply to a block party and fees may be waived for special events sponsored by nonprofit agencies and which further the goals and objectives of the city. (Ord. 15-006 § 1).
5.36.090 Permit application.
(1) Any person wishing to sponsor a special event shall apply for a special event permit by filing an application with the city clerk at least 45 days prior to the date on which the event is to begin to occur.
(2) The city council or designated appointee shall issue the special event permit once the application has been approved after review of appropriate agencies to include police, fire, public works, building and planning, and others as determined by the city council or designated appointee, and the applicant has agreed in writing to comply with the terms and conditions of the permit.
(3) The city council or designated appointee shall approve, conditionally approve, or deny an application based on the recommendations of city departments involved in the review process. (Ord. 15-006 § 1).
5.36.100 Permit requirements.
(1) Special event uses are to be temporary and approved for a particular zoning district by the planning/building director.
(2) Temporary signage and temporary structures will be allowed subject to provisions of this code pursuant to the interpretive authority and discretion of the planning/building director.
(3) 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. Street closures for any portion of a state highway or right-of-way shall be subject to state requirements and approvals.
(4) Requests for fire and emergency medical services shall be subject to requirements and interpretive authority and discretion of the city’s fire department and the city’s emergency medical service provider.
(5) Requests for police services shall be subject to provisions of this code pursuant to the interpretive authority and discretion of the police chief.
(6) 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 permit fee has been waived. If the actual cost for city services and equipment on the date(s) of the event is greater than the estimated cost, the applicant/sponsor will be billed for the difference.
(7) Adequate sanitation and other required health facilities shall, as required by applicable statutes and the Kittitas County Public Health Department, be provided or made available in or adjacent to any public assembly areas. (Ord. 15-006 § 1).
5.36.110 Permit conditions.
The city council or designated appointee may condition the issuance of a special event 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. 15-006 § 1).
5.36.120 Denial of application.
A special event permit may be denied based upon a determination that:
(1) The event would endanger public safety or health;
(2) The proposed event would seriously inconvenience or impair the general public’s use of public property, services or facilities;
(3) The event would unreasonably infringe upon the rights of abutting properties;
(4) The event would conflict with another proximate event or interfere with construction or maintenance work in the immediate vicinity;
(5) There is not sufficient qualified safety personnel or other necessary city staff to accommodate the event;
(6) The applicant failed to complete the application form after being notified of the additional information or documents required;
(7) Information contained in the application of supplemental information requested from the applicant is found to be false in any material detail;
(8) 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;
(9) Other issues in the public interest were identified by the mayor, city council, or designated appointee;
(10) Failure to prepay expenses, fees, charges, deposits, insurance or bonds;
(11) The proposed event is scheduled to occur at a route or location adjacent to a school or class during a time when such school or class is in session, and the noise created by the activities of the event would substantially disrupt the educational activities of the school or class;
(12) The purpose of the proposed event is to incite crime or the overthrow of the government by force or the event would engage in or encourage participants to engage in illegal acts; or
(13) The primary purpose of the special event is for advertising products, goods or events that are for private profit, and the special event is primarily for private profit. The prohibition against advertising any product, goods or event shall not apply to signs identifying organizations or sponsors furnishing or sponsoring exhibits or structures used in the special event. (Ord. 15-006 § 1).
5.36.130 Indemnification.
(1) Prior to the issuance of the special event permit, the applicant must 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) In consideration of being permitted to produce this special event or activity or use of any city property or facilities in connection with this activity, the applicant (“indemnitor”) agrees to the following:
(a) The indemnitor hereby agrees to release, indemnify and hold harmless the city of Kittitas from any and all liability, claims, demands, causes of action, charges, expenses, and attorney fees (including attorney fees to establish the city’s right to indemnity or incurred on appeal) resulting from involvement in this event whether caused by any negligent act or omission of the city or otherwise. This agreement shall not apply to any liability resulting from the sole negligence of the city.
(b) The indemnitor agrees to reimburse the city for any loss, theft of, or damage to city property, equipment and/or facilities.
(c) The indemnitor agrees to comply with all applicable laws, statutes, ordinances, rules and requirements including, but not limited to, not admitting more attendees than designated by the fire department as safe for the particular event or facility.
(d) The indemnitor expressly agrees that this release and hold harmless agreement is intended to be as broad and inclusive as permitted by Washington law and that if any portion thereof is held invalid, notwithstanding, the balance shall continue in full legal force and effect.
(e) Falsification and/or misrepresentation in completing this application may result in rate adjustment or event cancellation. Changes to the detailed program require immediate notification to city.
(3) The city council or designated appointee has the authority to require a refundable deposit as suggested by the public works department, in accordance with the principles of this chapter, for reimbursement of the costs for cleanup services. (Ord. 15-006 § 1).
5.36.140 Insurance required.
(1) As required by the city council or designated appointee, the permittee shall provide the city with proof of commercial general liability insurance generally in the amount of at least $2,000,000 (combined single limits per occurrence), $3,000,000 aggregate, and an endorsement naming the city of Kittitas as an additional insured must be provided. Upon determination by the city council and the city’s risk manager, higher limits may be required for certain events.
(2) Certificates of insurance shall be submitted to the city for approval directly from the insuring agency via postal mail, fax or email. The insurance policy shall be written on an occurrence basis, shall name the city as an additional insured, shall be written for a period not less than 24 hours prior to the event and extending for a period not less than 24 hours following the completion of the event, and shall contain a provision prohibiting cancellation of the policy except upon 30 days’ written notice to the city. Acceptability of insurance is subject to approval by the city’s risk administrator. (Ord. 15-006 § 1).
5.36.150 Revocation or suspension.
(1) 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 city council or designated appointee if:
(a) The applicant has made a misstatement of material fact in the information supplied; the applicant has failed to fulfill a term or condition of the permit in a timely manner; or the check submitted by the applicant in payment of the fee for a permit has been dishonored;
(b) The applicant requests the cancellation of the permit or cancels the event;
(c) The activity endangers or threatens persons or property, or otherwise jeopardizes the health, safety or welfare of persons or property;
(d) The activity conducted is in violation of any of the terms or conditions of the special events permit;
(e) An emergency or supervening occurrence requires the cancellation or termination of the event in order to protect the public health or safety;
(f) The applicant fails to prepay expenses.
(2) 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 actual costs incurred, if the cancellation occurs at the request of an applicant who is in compliance with this chapter.
(3) If any event, use or occupancy for which the permit has been revoked is not immediately discontinued, the city council or its designee may remove any structure or obstruction, or cause to be made, without obligation to do so, such repairs upon the structure or obstruction as may be necessary to render the same secure and safe, or adjourn any special event. The cost and expense of such removal, repair or adjournment shall be assessed against the permittee, including all professional fees associated with enforcement of the collection of the same. (Ord. 15-006 § 1).
5.36.160 Appeal procedure.
The applicant shall have the right to appeal a denial of a special event permit, or a condition imposed thereby, including the amount of fees or clean-up deposits imposed or a determination that the applicant’s certificate of insurance does not comply with the city’s requirements. A written notice of appeal shall be filed within 10 days from the date of the denial or conditional approval. The written notice of appeal shall set forth the specific grounds for the appeal and attach any relevant documents for consideration. The city council shall hear the appeal on the record provided from the designated city official and upon public comment given at the scheduled hearing before the council. The hearing shall be scheduled no later than 30 days after receipt of a timely and proper notice of appeal. The decision of the city council on the appeal shall be final.
If there is insufficient time for a timely appeal to be heard by the city council prior to the date on which the event is scheduled, the applicant may, at the applicant’s option, request that the mayor hear the appeal. The mayor shall hold a hearing no later than five business days after the filing of the appeal and shall render a decision no later than one business day after the hearing on the appeal is closed. If the appeal is requested and heard before the mayor, the mayor’s decision shall be final. (Ord. 15-006 § 1).
5.36.170 Penalty for violation.
Any person, association, firm, partnership, or corporation that violates any of the provisions of this chapter shall be guilty of a civil infraction and shall be subject to a C-1 fine. Each day or portion of a day in which a violation is committed constitutes a separate offense. (Ord. 15-006 § 1).
5.36.180 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. 15-006 § 1).
Code reviser’s note: Ord. 15-006 sets this chapter out as Chapter 5.32. It has been editorially renumbered to prevent duplication of numbering.