Chapter 12.15
SPECIAL EVENTS
Sections:
12.15.100 Hold harmless – Limitation of liability.
12.15.010 Purpose and intent.
A. The purpose of this chapter is to provide reasonable supervision of any special events that take place on public property or public rights-of-way, for the protection of persons and property.
B. The intent of this chapter is to allow community-based organizations, Milton businesses, and neighborhoods to sponsor special events on public rights-of-way and in parks, and to provide guidelines that protect the public’s health, safety, and welfare. (Ord. 2093 § 2, 2024; Ord. 1621 § 1, 2004).
12.15.020 Definitions.
“Block party” means a gathering of neighbors on private property and/or a public street for a community event which often includes barbecues, picnics, music or games.
“Car show” means any organized function of 10 or more vehicles held on a public street, sidewalk, publicly owned parking lot, or city park.
“Neighborhoods” means three or more separate properties along the same street, cul-de-sac, or subdivision, that are planning an event for all the houses in that area.
“Special event” means a non-city sponsored event or block party that would require the complete or partial closure of a street or a public gathering of 50 or more people held on public property.
“Street” or “streets” means any public right-of-way, roadway, sidewalk, or portions thereof in the city of Milton dedicated to public use. (Ord. 2093 § 2, 2024; Ord. 1621 § 1, 2004).
12.15.030 Permit.
A. No person shall engage in, participate in, aid, form, or host a special event as defined in MMC 12.15.020 without an approved special event permit.
B. A separate permit is required for each special event. (Ord. 2093 § 2, 2024; Ord. 1621 § 1, 2004).
12.15.040 Fee.
A. A nonrefundable special event permit application fee of $25.00 and deposit as identified in MMC 12.15.080 shall be paid by the sponsor(s) for each special event. Additional fees may apply, including, but not limited to, the cost of review, use of city staff, or rental fees per the administrative fee schedule.
B. Block parties are exempt from the nonrefundable permit application fee and deposit requirement. (Ord. 2093 § 2, 2024; Ord. 1621 § 1, 2004).
12.15.050 Application.
A. Applications for a special events permit shall include the following (as applicable):
1. Name and address of applicant(s);
2. Date, time, location, and duration of event;
3. Name of all sponsoring organization(s), business(es), or neighborhood(s);
4. Probable number of participants;
5. Copy of liability insurance coverage in accordance with MMC 12.15.090;
6. Site plan identifying assembly area, routes, sanitary provision, fire extinguishers, cooking facilities, fire hydrants, etc.;
7. Street closure plan identifying signage, method, and emergency vehicle access;
8. Security and traffic control provisions;
9. Emergency medical provisions; and
10. Cleanup and waste removal plan.
B. Applications for a special event permit shall be reviewed by the police department, fire department, public works department, and any other affected department or agency. (Ord. 2093 § 2, 2024; Ord. 1621 § 1, 2004).
12.15.060 Filing period.
A. An application for a special events permit shall be filed with the city clerk not less than 30 days but no more than 365 days before the date on which the event will occur; provided, however, that nothing herein shall be construed to restrict constitutionally protected speech. The clerk shall notify the applicant of approval or disapproval no later than 10 days following the date of the application.
B. The city clerk shall notify the applicant of approval or disapproval no later than 15 days following the date of the application. (Ord. 2093 § 2, 2024; Ord. 1621 § 1, 2004).
12.15.070 Notification.
The applicant is required to notify the property owners and/or businesses located in the vicinity of the event, in writing at least 10 days prior to the date of the event. The city clerk shall have the authority to determine the parameters and extent of the notification. (Ord. 2093 § 2, 2024; Ord. 1621 § 1, 2004).
12.15.080 Deposit required.
A refundable deposit of $350.00 shall be required as a guarantee against expenses for cleaning, traffic control and/or temporary electrical services. The mayor or their designee may waive the deposit for registered nonprofit organizations whose mission provides services to the general Milton community or persons in need within the city. (Ord. 2093 § 2, 2024; Ord. 1621 § 1, 2004).
12.15.090 Insurance required.
A. The applicant shall show proof of liability insurance with a combined single limit of $500,000 for each incident. The city’s risk manager may require the permittee to obtain additional insurance coverage. The city shall not be deemed to have assessed the risks that may be applicable to the event. Permittee shall be responsible for assessing the risks of the event and obtaining additional insurance coverage if appropriate and prudent. A specimen copy shall be filed with the application and shall name the city of Milton as an additional named insured.
B. Insurance shall not be required for a block party; provided, that an approved street closure plan is used and the street closed is not an arterial. (Ord. 2093 § 2, 2024; Ord. 1621 § 1, 2004).
12.15.100 Hold harmless – Limitation of liability.
A. Upon application for a special event permit, the permit applicant and authorized officer of the sponsoring organization must agree to reimburse the city for any costs incurred by it in repairing damage to city property and indemnify, defend, and hold harmless the city, its officers, employees, and agents from all causes of action, claims or liabilities occurring in connection with the permitted event, except those which occur due to the city’s sole negligence.
B. This chapter shall not be construed as imposing upon the city or its officials or employees any liability or responsibility for any injury or damage to any person in any way connected to the use for which permit has been issued. The city and its officials and employees shall not be deemed to have assumed any liability or responsibility by reasons of inspections performed, the issuance of any permit, or the approval of any use of the right-of-way. This chapter shall not create any duty owed by the city as to any specific person, party or class. Any duty nevertheless deemed to exist or arise in connection with the city’s permitting function shall be deemed exclusively a duty to the general public as a whole and not to any specific person, party or class. (Ord. 2093 § 2, 2024; Ord. 1621 § 1, 2004).
12.15.110 Issuance standards.
The city clerk shall issue a special events permit if it complies with the following requirements:
A. Approval has been granted from the affected departments and agencies;
B. The event will not unreasonably disrupt the movement of arterial traffic or the use of a city park;
C. The event will provide emergency vehicle access and does not block fire hydrants;
D. The location of the event will not cause undue hardship to adjacent businesses or residents;
E. The event will not require the use of public employees or the required use of public employees is not unreasonable and has been paid for;
F. The applicant has remitted a complete application, all requested documents, customary and reasonable fees, insurance documents, and/or bonds; and
G. The event does not exceed three consecutive days of occurrence. (Ord. 2093 § 2, 2024; Ord. 1621 § 1, 2004).
12.15.120 Appeal procedure.
Upon denial of a permit by the city clerk, an applicant may appeal to the city council by filing a written notice of appeal for a hearing by the city council at its next regularly scheduled meeting. Upon such appeal, the city council may reverse, affirm, or modify the city clerk’s determination. (Ord. 2093 § 2, 2024; Ord. 1621 § 1, 2004).
12.15.130 Revocation.
In addition to the reasons specified elsewhere in this chapter, any permit issued under this chapter may be revoked by the city clerk at any time for reasons of disaster, public calamity, riot or other emergency or exigent circumstances, or when the city clerk determines that the safety of the public or property requires such immediate revocation. The city clerk may also revoke any permit issued pursuant to this chapter if the permit has been issued based upon false information or when the permit holder exceeds the scope of the permit or fails to comply with any condition of the permit. The clerk shall notify the permittee of the revocation, in writing, no later than 15 days prior to the event, or as soon as possible. (Ord. 2093 § 2, 2024; Ord. 1621 § 1, 2004).
12.15.140 Traffic control.
The Milton police department and public works department may require any reasonable and necessary traffic control. If such traffic control cannot be handled by the sponsor and shall require the deployment of additional police personnel or other city employees, the permittee shall be responsible for the expense. The city clerk will notify the applicant(s) of the projected expense and collect this amount before a permit is issued. (Ord. 2093 § 2, 2024; Ord. 1621 § 1, 2004).
12.15.150 Sanitation.
A special event permit may be issued only after adequate waste disposal facilities have been identified and obtained by permittee as agreed to by the public works director. Within 24 hours of the conclusion of the event, permittee will clean the event site and the right-of-way of rubbish and debris, returning it to its pre-event condition. If the permittee fails to clean up such refuse, such cleanup shall be arranged by the city and the costs charged to the permittee. (Ord. 2093 § 2, 2024; Ord. 1621 § 1, 2004).
12.15.160 Exemptions.
The city of Milton, and any such authorized sponsors working in conjunction with the city of Milton to sponsor a special event, are specifically exempt from the provisions and permit requirements herein and as specifically set forth:
A. Noise. Amplified and unamplified sounds originating from officially sanctioned special events and other city-sponsored or city-approved public events are exempt from the prohibitions of Chapter 9.37 MMC.
B. Animals. Officially sanctioned special events and other city-sponsored or city-approved public events are exempt from the prohibitions of MMC 12.16.130, Riding horses prohibited. (Ord. 2093 § 2, 2024; Ord. 1621 § 1, 2004).