Chapter 5.34
SPECIAL EVENTS
Sections:
5.34.050 Permit application and review.
5.34.060 Application approval, denial and permit issuance.
5.34.080 Compensation or reimbursement for costs.
5.34.100 Special event concessions.
5.34.110 Permit modification or revocation.
5.34.010 Purpose.
This chapter governs events that make special use of city property, significantly impact the health, safety or welfare of the public, cause other significant impacts, or make use of city services or resources. (Ord. 3035 § 1, 2013).
5.34.020 Definitions.
As used in this chapter:
(1) “Applicant” means a person or entity that applies for a special events permit.
(2) “Special event” means a parade, march, fun run, foot or bicycle race, fundraising walk, bike-a-thon, car show, carnival, show, exhibition, protest, demonstration, rally, sporting event, stunt, block party, fair, auction, circus, or similar event, activity, function or occurrence that:
(a) Makes special use of city streets, alleys, sidewalks, parks, parking lots, grounds, facilities or other city property;
(b) Significantly impacts the health, safety or welfare of the public;
(c) Obstructs vehicular or pedestrian traffic or has significant noise or visual impacts;
(d) Significantly impacts the quiet use and enjoyment of real property; or
(e) Makes use of city services or resources.
(3) “Significant impact,” or variations thereof, means an effect or consequence that is more intense than, or exceeds, that which is normal, typical or customary in a particular context. The context may vary with the physical setting. Intensity depends on the magnitude and duration of an impact. See WAC 197-11-794.
(4) “Sponsor” means a person or entity that is ultimately responsible for a special event, and may serve to carry out or execute the special event. (Ord. 3035 § 1, 2013).
5.34.030 Permit required.
Except as provided in this chapter, a city of Puyallup special events permit shall be required for a special event that takes place, in whole or in part, in the city of Puyallup. (Ord. 3035 § 1, 2013).
5.34.040 Permit exemptions.
A special events permit is not required for the following:
(1) The portion of a special event that is conducted by the city.
(2) A special event that is subject to a rental, license, use or similar agreement, and the agreement addresses, to the satisfaction of the city, impacts and uses of city services or resources.
(3) An event that occurs on the real property of the Western Washington Fair Association, when the Fair Association provides advance notice of, and information about, the event to the city, and the city determines that the event will not significantly impact the health, safety or welfare of the public; obstruct vehicular or pedestrian traffic or have significant noise or visual impacts; or make use of city services or resources.
(4) A special event, the purpose of which is to exercise First Amendment rights on sidewalks, unless the event will obstruct vehicular or pedestrian traffic, or will impact the health, safety or welfare of the public.
(5) A special event, the purpose of which is to exercise First Amendment rights in parks or the areas of city property that are open to the public, unless the event will unduly monopolize or damage the park or property, or the event will have an extremely lengthy duration, or the event will impact the health, safety or welfare of the public. (Ord. 3035 § 1, 2013).
5.34.050 Permit application and review.
(1) An applicant for a special events permit shall complete and submit to the city an application on a form provided by the city, and therein or therewith provide all information required by the city, including, but not necessarily limited to, the following:
(a) The name and contact information of the applicant. If the applicant is not the sponsor of the special event, the applicant shall provide a written grant of authority from the sponsor to the applicant to act as the agent of the sponsor, such as a power of attorney, which identifies the agent, describes the scope of authority of the agent, and contains consent of the sponsor to be bound by the agent’s actions;
(b) The name and contact information of the special event sponsor, if different from the applicant;
(c) The name and contact information of the owner of property at which the special event will occur, if the applicant or sponsor is not the property owner. If the applicant or sponsor is not the property owner, the applicant shall provide written authorization from the owner that allows the applicant and sponsor to use the owner’s property for the special event;
(d) The address of the property at which the proposed special event will occur;
(e) A full and complete description of the proposed special event, which should include information concerning:
(i) The proposed dates and times;
(ii) The expected number of participants;
(iii) The proposed location, site, area, route or other venue of the special event;
(iv) Any proposed ingress and egress by transport or haul vehicles;
(v) Known and likely transportation and parking impacts;
(vi) Any proposed temporary structures, including, for example, tables, seating, tents, booths, equipment or accoutrements;
(vii) Any proposed public address equipment;
(viii) Utility needs, including power and water;
(ix) Security;
(x) Proposed food or drink service, including alcohol;
(xi) Expected sanitation needs;
(xii) Signage;
(xiii) An emergency plan;
(xiv) Access to medical professionals;
(xv) Cleanup; and
(xvi) Any other relevant information or documentation;
(f) A site plan of the proposed location, site, area or route of the special event.
(2) Upon request of the city, the applicant shall submit supplemental information or documentation to the city.
(3) A completed application shall be submitted to the city well in advance of the proposed special event with sufficient time for the city to review and respond, and, if approved, plan for and provide city services or resources associated with the special event. Unless otherwise authorized by the city for good cause, completed applications shall be submitted to the city at least 90 days before the proposed special event. The 90-day submittal requirement shall not be applicable to applications for special events, the purpose of which is to exercise First Amendment rights.
(4) An applicant shall pay an application fee to the city at the time that the applicant submits an application for a special events permit to the city. The fee shall be established, and may be changed, pursuant to Chapter 1.13 PMC. An application fee shall not be required for special events, the purpose of which is to exercise First Amendment rights. The city may refund an application fee when the city determines that an event is not subject to the permitting requirements of this chapter. (Ord. 3065 § 1, 2014; Ord. 3035 § 1, 2013).
5.34.060 Application approval, denial and permit issuance.
(1) The city may approve, approve with conditions, or deny an application for a special events permit. The city’s reasons for approval or denial shall be content neutral. If the city approves an application with conditions, the city shall set forth the conditions in the special events permit. If the city denies an application, the city shall provide the reasons for denial. The city may deny an application for good cause.
(2) If the city approves or approves with conditions an application for a special events permit, the applicant and sponsor shall, when required by the city, pay fees, costs and expenses, or deposits and satisfy pre-conditions before special events permit issuance.
(3) Application approval or issuance of a special events permit shall not obligate the city to provide city services or resources, or preclude the city from withdrawing city services or resources, even if city services or resources are contemplated during the application process or identified in the special events permit. Absent express authorization of the city, a recipient of a special events permit shall not be entitled to control city services or resources. (Ord. 3035 § 1, 2013).
5.34.070 Conditions.
(1) The city may impose reasonable conditions to address impacts or issues that arise from, or are associated with, a special event, including, but not limited to:
(a) Restrictions on the number of participants;
(b) Location, site, area or route constraints;
(c) Transportation, parking and sign controls;
(d) Noise and public address limitations;
(e) Requirements for power, water, sanitation and cleanup;
(f) Provisions for security, emergencies and access to medical care;
(g) Time or manner restrictions;
(h) Requirements for an approved traffic control plan, which can necessitate, for example, the use of traffic cones, barricades, flaggers and so forth;
(i) Limitations on the number and type of animals;
(j) Requirements for fire and safety inspections; and
(k) Public notice provisions.
(2) If the city imposes conditions with respect to a special event, the purpose of which is to exercise First Amendment rights, the conditions may only address the time, manner and place of the event, and thus, must be content neutral, narrowly tailored, serve a significant governmental interest, and leave open ample alternatives for First Amendment communication. (Ord. 3035 § 1, 2013).
5.34.080 Compensation or reimbursement for costs.
(1) The city may require an applicant or sponsor to compensate the city for the cost of providing services or resources for the special event. The city may also require an applicant or sponsor to reimburse the city for other costs and expenses incurred by the city when the costs and expenses are related to a special event or its associated application and review process. A requirement to provide compensation or reimbursement shall not exceed the actual amount of the costs or expenses incurred by the city.
(2) The city shall not require an applicant or sponsor of a special event, the purpose of which is to exercise First Amendment rights, to compensate the city for the cost of providing services or resources for the special event, or to reimburse the city for other costs and expenses incurred by the city. (Ord. 3035 § 1, 2013).
5.34.090 Refundable deposit.
(1) The city may require an applicant or sponsor to post a refundable deposit with the city. If the applicant or sponsor fails to compensate or reimburse the city for costs and expenses, or otherwise fails to meet its financial obligations that arise from the special event, the city may use the deposit for cost and expense compensation or reimbursement, or to pay financial obligations that arise from the special event. If the deposit is used in whole or in part, the city shall provide an accounting to the depositor. The city shall refund the unused portion of the deposit to the depositor within a reasonable time after cessation of the special event.
(2) The city shall not require an applicant or sponsor of a special event, the purpose of which is to exercise First Amendment rights, to post a deposit. (Ord. 3035 § 1, 2013).
5.34.100 Special event concessions.
(1) The city may grant a concession license to the sponsor of a special event, or other person or entity, that entitles the concessionaire, and sub-licensees of the concessionaire, to be the exclusive or semi-exclusive vendor(s) of goods or services within the special event venue, to the extent that the special event venue takes place on or in city streets, alleys, sidewalks, parks, parking lots, grounds, facilities or other city property.
(2) If the city grants a concession license for a special event venue, it shall be unlawful for a person to sell goods or services within the concession area without a concession license from the city or sub-license from the concessionaire. (Ord. 3035 § 1, 2013).
5.34.110 Permit modification or revocation.
The city may modify or revoke a special events permit at any time for good cause, which can include, but is not limited to, jeopardy to the health, safety or welfare of the public, unanticipated or insufficiently addressed impacts, criminal acts of the sponsor or special event participants, force majeure events or circumstances, event activity that exceeds permit parameters, false or misleading information provided by the applicant or sponsor, or failure to comply with permit conditions or applicable laws, regulations or rules. (Ord. 3035 § 1, 2013).
5.34.120 Indemnification.
(1) The sponsor of a special event shall agree to and shall defend, indemnify and hold the city harmless from and against claims for injuries to or death of persons or damage to property that arise out of, or are related to, the special event. The substance and form of the indemnification agreement shall be satisfactory to the city.
(2) The city shall not require a sponsor of a special event, the purpose of which is to exercise First Amendment rights, to defend, indemnify and hold the city harmless from and against claims for injuries to or death of persons or damage to property that arise out of, or are related to, the special event. (Ord. 3035 § 1, 2013).
5.34.130 Insurance.
(1) Unless otherwise authorized by the city, the sponsor of a special event shall procure and maintain, until all matters associated with the special event are resolved to the satisfaction of the city, insurance against claims for injuries to, or death of, persons or damage to property that arise out of, or are related to, the special event. The obligation to procure and maintain insurance shall include general liability insurance, and, when required by the city, other types of insurance. The insurance policies shall have limits as required by the city. The substantive provisions and form of the insurance policies shall be satisfactory to the city.
(2) The city shall not require a sponsor of a special event, the purpose of which is to exercise First Amendment rights, to procure or maintain insurance. (Ord. 3035 § 1, 2013).
5.34.140 Appeal.
(1) An applicant or sponsor may appeal the denial of a special events permit application, or conditions imposed in a special events permit, or modifications to a special events permit, or a revocation of a special events permit to the city of Puyallup hearing examiner.
(2) In order to commence an appeal, an applicant or sponsor shall file a written notice of appeal with the city clerk and pay a filing fee of $250.00. The written notice shall designate the decision or part of decision that is being appealed. The appeal shall be commenced within 14 days of the decision. (Ord. 3035 § 1, 2013).
5.34.150 Violation.
A violation of the provisions of this chapter shall be a Class 1 civil infraction pursuant to Chapter 1.02 PMC. (Ord. 3035 § 1, 2013).