Chapter 5.55
SPECIAL EVENTS PERMITS
Sections:
5.55.070 Exemptions from fees, indemnification agreement and insurance.
5.55.080 Indemnification agreement.
5.55.100 Fees for city services.
5.55.120 Revocation of permits.
5.55.010 Definitions.
(1) “Administrator” means the city administrator or his/her designee.
(2) “Amusement rides” means any vehicle, boat, bungee jumping device, or other mechanical device moving upon or within a structure, along cables or rails, through the air by centrifugal force or otherwise, or across water, that is used to convey one or more individuals for amusement, entertainment, diversion, or recreation. “Amusement ride” includes, but is not limited to, devices commonly known as skyrides, ferris wheels, carousels, parachute towers, tunnels of love, bungee jumping devices, and roller coasters. “Amusement ride” does not include: (a) conveyances for persons in recreational winter sports activities such as ski lifts, ski tows, j-bars, t-bars, and similar devices subject to regulation under Chapter 70.88 RCW; (b) any single-passenger coin-operated ride that is manually, mechanically, or electrically operated and customarily placed in a public location and that does not normally require the supervision or services of an operator; (c) nonmechanized playground equipment, including but not limited to, swings, seesaws, stationary spring-mounted animal features, rider-propelled merry-go-rounds, climbers, slides, trampolines, and physical fitness devices; (d) water slides, water walking balls or water balls.
(3) “L&I” means Washington State Department of Labor and Industries.
(4) “Liquor” shall have the same meaning as in RCW 66.04.010.
(5) “Special events” include any event which is to be conducted on public property or on a public right-of-way; and also, any event held on private property which would have a direct significant impact on traffic congestion, or traffic flow to and from the event over public streets or rights-of-way; or which would significantly impact public streets or rights-of-way near the event; or which would significantly impact the need for city-provided emergency services, such as police, fire or medical aid. It is presumed that any event on private property which involves an open invitation to the public to attend or events where the attendance is by private invitation of 100 or more people are each presumed to be an event that will have a direct significant impact on the public streets, rights-of-way or emergency services. Special events might include, but are not limited to, fun runs, roadway foot races, fundraising walks, auctions, bike-a-thons, parades, carnivals, shows, or inhabitations, filming/movie events, circuses, block parties and fairs.
(6) “Special events protected under the First and Fourteenth Amendments” include any event involving political or religious activity intended primarily for the communication or expression of ideas.
(7) “Use” shall mean to construct, erect, or maintain in, on, over or under any street, right-of-way, park or other public place any building, structure, sign, equipment or scaffolding, to deface any public right-of-way by painting, spraying or writing on the surface thereof, or to otherwise occupy in such a manner as to obstruct the normal public use of any public street, right-of-way, park or other public place within the city, including a use related to special events.
(8) “Water walking ball” or “water ball” is a large inflatable sphere that allows a person inside it to walk across the surface of a body of water. The water walking ball is usually two meters in diameter and has a zippered entrance to allow for easy entry and exit. (Ord. 1855 § 2, 2018).
5.55.020 Permits required.
(1) In order to preserve the general health, welfare and safety of all the public, a special event permit or authorization from the city is required for any event in a park, public place or on private property where it will significantly impact public sidewalks or roadways or require public services. Such special event permit shall be in addition to any street or park use or other regular permits as may be required by ordinance.
(2) When such an event will be an exercise of rights protected by the First and Fourteenth Amendments to the United States Constitution, the application shall be processed promptly, without charging a fee for political or religious activities or imposing terms or conditions that infringe Constitutional freedoms, and in a manner that respects the liberty of applicants and the public.
(3) Except as specified in subsection (9) of this section, a special event permit is not required for the following:
(a) Special events that occur exclusively on city property and are sponsored or conducted in full by the city of Oak Harbor.
(b) Funeral and wedding processions.
(c) Groups required by law to be so assembled.
(d) Gatherings of 50 or fewer people in a city park, unless merchandise or services are offered for sale or trade.
(e) Temporary sales conducted by businesses, such as holiday sales, grand opening sales, or anniversary sales.
(f) Garage sales and rummage sales.
(g) The exhibition of films or motion pictures.
(h) Other similar events and activities which do not directly affect or use city services or property.
(4) Any person desiring to sponsor a special event shall apply for a special event permit by filing an application with the administrator at least 60 days prior to the date on which the event is to occur.
(5) The administrator shall transmit copies of the application to the city administrator, director of public works, police chief, city engineer, building official and the fire chief for review.
(6) The city administrator or her/his designee shall approve or deny the special event permit application subject to conditions as outlined in this chapter. Any permit involving the sale, serving or consumption of beer, wine or liquor in a city park shall be processed in accordance with OHMC 6.12.080.
(7) Fees required to be paid under this chapter shall be per the master fee schedule adopted by resolution of the city council, shall be paid to the finance department and proof of payment shall be provided to the city administrator prior to the approval of the permit. The application fee is nonrefundable and not subject to waiver. These applications exceptions may be made for those exercising their rights under the First and/or Fourteenth Amendments of the United States Constitution.
(8) Waiver of Application Deadline. Upon a showing of good cause or at the discretion of the city, the city shall consider an application that is filed after the filing deadline if there is sufficient time to process and investigate the application and obtain police and other city services for the event. Good cause can be demonstrated by the applicant showing that the circumstance that gave rise to the permit application did not reasonably allow the participants to file within the time prescribed, and the event is for the purpose of exercising rights under the First and/or Fourteenth Amendments of the United States Constitution.
(9) It is unlawful as part of or related to any special event to construct, erect, or maintain in, on, over or under any street, right-of-way, park or other public place any building, structure, sign, equipment or scaffolding, to deface any public right-of-way by painting, spraying or writing on the surface thereof, or to otherwise occupy in such a manner as to obstruct the normal public use of any public street, right-of-way, park or other public place within the city, without obtaining prior to such special event a permit under this chapter and then only if the specific identified act in this subsection has been so authorized and all other necessary permits have been obtained. (Ord. 1855 § 2, 2018).
5.55.030 Amusement rides.
A special event offering amusement rides must adhere to amusement ride regulations for safety and welfare of the special event attendees.
(1) Licensing and Operation. All special event permittees must ensure amusement rides are operated by an L&I certified vendor at all times, including assembly and disassembly.
(2) Insurance. All amusement rides operating on city property requires the ride vendor to provide evidence of general liability insurance in amounts acceptable to the city attorney’s office and name the city as additional insured. (This insurance coverage is additional to the special event permittee’s overall general liability requirement in OHMC 5.55.090.)
(3) Prohibition. Water walking balls are specifically prohibited from use at any special event approved under this chapter. (Ord. 1855 § 2, 2018).
5.55.040 Grounds for denial.
(1) The city may deny an application for a special event permit if:
(a) The applicant provides false or misleading information; the applicant fails to complete the application or supply other required information or documents; or the applicant declares or shows an unwillingness or inability to comply with the reasonable terms or conditions contained in the proposed permit;
(b) The proposed event would conflict with another proximate event, interfere with construction or maintenance work in the immediate vicinity, or unreasonably infringe upon the rights of abutting property;
(c) The proposed event would unreasonably disrupt the orderly or safe circulation of traffic and would present an unreasonable risk of injury or damage to the public;
(d) The permit application is submitted less than 60 days prior to the event; or
(e) There are not sufficient safety personnel or other necessary city staff to accommodate the event.
(2) In the event subsection (1)(b), (c), (d) or (e) of this section applies, the city shall offer the applicant the opportunity to submit an alternative date or place for the proposed event before denying the application. (Ord. 1855 § 2, 2018).
5.55.050 Permit conditions.
(1) The city may condition the issuance of a special events 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, and the control of traffic.
(2) The following conditions apply to all special events permits:
(a) Alteration of the time, place and manner of the event proposed on the event application.
(b) Conditions concerning the area of assembly and disbanding of an event occurring along a route.
(c) Conditions concerning accommodation of pedestrians or vehicular traffic, including restricting the event to only a portion of the street or rights-of-way.
(3) Conditions on special events permits not protected under the First and Fourteenth Amendments of the U.S. Constitution include, but are not limited to:
(a) Requirements for the use of traffic cones or barricades.
(b) Requirements for the provision of first aid or sanitary facilities.
(c) Requirements for use of event monitors and providing notice of permit conditions to event participants.
(d) Restrictions on the number and type of vehicles, animals or structures at the event, and inspection and approval of floats, structures, and decorated vehicles for fire safety.
(e) Compliance with animal protection ordinances and laws.
(f) Requirements for use of garbage containers, cleanup, and restoration of city property.
(g) Restrictions on the use of amplified sound and compliance with the noise ordinance, regulations and laws.
(h) Notice to residents and/or businesses regarding any activity which would require a street closure.
(i) Restrictions on the sale and/or consumption of alcohol.
(j) Elimination of an activity which cannot be mitigated to a point as to ensure public safety and welfare, or which causes undue liability to the city.
(k) Requirements regarding the use of city personnel and equipment.
(l) Compliance with any other applicable federal, state or local law or regulation.
(4) The applicant is responsible for payment of all applicable federal, state and local taxes. (Ord. 1855 § 2, 2018).
5.55.060 Appeal procedures.
(1) Hearing Examiner. The jurisdiction of the office of land use hearing examiner under Chapter 18.40 OHMC is hereby expanded to include jurisdiction over any revocation hearing under this section. The decision of the examiner shall be a Type I final decision, pursuant to OHMC 18.40.100(1).
(2) Hearing Process. The hearing process shall be conducted pursuant to the procedures set forth in Chapter 18.40 OHMC. (Ord. 1855 § 2, 2018).
5.55.070 Exemptions from fees, indemnification agreement and insurance.
No fee, indemnification agreement or insurance requirement shall be imposed when prohibited by the First and Fourteenth Amendments to the United States Constitution. Political or religious activity intended primarily for the communication or expression of ideas shall be presumed to be a constitutionally protected event. Factors that may be considered in evaluating whether or not the fee applies include the nature of the event; the extent of commercial activity, such as the sales of food, goods, and services; product advertising or promotion, or other business participation in the event; the use or application of any funds raised; if part of any annual tradition or series, previous events in the sequence; and the public perception of the event. (Ord. 1855 § 2, 2018).
5.55.080 Indemnification agreement.
Prior to the issuance of a permit for a special event not protected under the First and Fourteenth Amendments of the U.S. Constitution, 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 and defend 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. (Ord. 1855 § 2, 2018).
5.55.090 Insurance.
The following insurance shall be required in connection with the issuance of a permit for a special event not protected under the First and Fourteenth Amendments of the U.S. Constitution:
(1) Commercial general liability insurance in amounts acceptable to the city attorney’s office.
(2) The city administrator or his/her designee is authorized and directed to require written proof of such insurance prior to permit issuance. The insurance policy shall be written on an occurrence basis, shall name the city as an additional insured using ISO form CG 20 26, or coverage at least as broad, 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. The applicant shall provide the city and all additional insureds for this event with written notice of any policy cancellation within two business days of their receipt of such notice.
(3) Liquor Liability Coverage. Liquor liability coverage must be obtained when liquor is served as a part of a special event permitted under this chapter.
(a) A vendor hired by the special event permittee to serve liquor must provide evidence of liquor liability coverage in amounts acceptable to the city attorney’s office, naming the city as additional insured. (This is insurance coverage is additional to the special event permittee’s overall general liability requirement in OHMC 5.55.090(1).)
(b) A special event permittee serving liquor directly shall obtain host liquor coverage as a part of providing commercial general liability insurance per subsection (1) of this section. (Ord. 1855 § 2, 2018).
5.55.100 Fees for city services.
(1) 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 administrator or his/her designee should provide the applicant with a statement of the estimated cost of providing city personnel and equipment. The applicant/sponsor of the event may be required to prepay these estimated costs for city services and equipment 10 days prior to the special event. The special event application fee per the master fee schedule adopted by resolution of the city council is a separate processing fee and is not applicable to the city services fees. City services and equipment may include the use of police officers and public employees for traffic and crowd control, pickup and delivery of traffic control devices, picnic tables, extraordinary street sweeping, and any other needed, requested or required city service and the cost of operating the equipment to provide such services.
(2) If the actual cost for city services and equipment on the date(s) of the event is less than the estimated cost, the applicant/sponsor will be refunded the difference by the city in a timely manner. 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.
(3) Permit fees and fees for the use of city services and equipment may be waived in part or in full by the city if in review of the application it is found that the event is of sufficient public benefit to warrant the expenditure of city funds without reimbursement by the applicant/sponsor and would not result in the private financial gain of any individual or “for-profit” entity. (Ord. 1855 § 2, 2018).
5.55.110 Cleanup deposit.
(1) The applicant/sponsor of an event not protected under the First and Fourteenth Amendments of the U.S. Constitution involving the sale of food or beverages for immediate consumption, erection of structures, horses or other large animals, water aid stations or any other event likely to create a substantial need for a cleanup may be required to provide a cleanup deposit prior to the issuance of a special event permit.
(2) The cleanup deposit may be returned after the event if the area used for the permitted event has been cleaned and restored to the same condition as existed prior to the event.
(3) If the property used for the event has not been properly cleaned or restored, the applicant/sponsor shall be billed for the actual cost by the city for cleanup and restoration. The cleanup deposit shall be applied toward the payment of the bill. (Ord. 1855 § 2, 2018).
5.55.120 Revocation of permits.
Any permit issued under this chapter may be summarily revoked by the city at any time when, by reason of disaster, public calamity, riot or other emergency or exigent circumstances, the city determines the safety of the public or property requires such immediate revocation. The city may also summarily revoke any permit issued pursuant to this chapter if the city finds that the permit has been issued based upon false information or when the permittee exceeds the scope of the permit or fails to comply with any condition of the permit. Notice of such action revoking a permit shall be delivered in writing to the permittee by personal service or certified mail at the address specified by the permittee in the application. (Ord. 1855 § 2, 2018).
5.55.130 Violation – Penalty.
(1) It shall be unlawful for any person to sponsor or conduct a special event requiring a special event permit pursuant to this chapter unless a valid permit has been issued and remains in effect for the event.
(2) It is unlawful for any person to participate in such an event with the knowledge that the sponsor of the event has not been issued a required, valid permit or with knowledge that a once valid permit has expired or been revoked.
(3) The special event permit authorizes the permittee/sponsor to conduct only such an event as is described in the permit, and in accordance with the terms and conditions of the permit. It is unlawful for the permittee/sponsor to willfully violate the terms and conditions of the permit, or for any event participant with knowledge thereof to willfully violate the terms and conditions of the permit or to continue with the event if the permit is revoked or expired.
(4) Whenever a special event is conducted without a special event permit when one would have been required or is conducted in violation of the terms of an issued special event permit, the event organizer may be responsible for, and the city may charge the event organizer for, all costs incurred as a result of the adverse impacts of the special event or the violation of the special event permit.
(5) Violations of this chapter shall constitute a Class 1 civil infraction and shall be governed by the procedures of Chapter 1.28 OHMC. (Ord. 1855 § 2, 2018).
5.55.140 Savings clause.
If any section, sentence, clause, phrase, part or portion of this chapter is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. (Ord. 1855 § 2, 2018).