Chapter 8.38
SPECIAL EVENTS AND PARK USE PERMITS
Sections:
8.38.010 Purpose and applicability.
8.38.030 Special events that require a permit – Park uses that require a permit.
8.38.040 Protected events under the First and Fourteenth Amendments to the U.S. Constitution.
8.38.060 Permit fees – Permit application requirements.
8.38.070 Authority of responsible official – Director authorized to adopt rules and regulations.
8.38.080 General permit conditions.
8.38.090 Denial of special event or park use permit.
8.38.120 Responsibility – No duty created.
8.38.010 Purpose and applicability.
The purpose of this chapter is to enable the city to plan for potential impacts to the delivery of governmental services, in the interest of public health, safety, and the welfare of the city, by establishing permit requirements for special events and certain city park uses; and to provide for the fees, charges, and procedures required to administer the permit process.
This chapter applies to events occurring in, on, or at city parks, streets, sidewalks, and rights-of-way, and in, on, or at private property within the city limits if the event is reasonably likely to have an above normal impact on public streets, facilities, or services.
To the extent any provision of this chapter conflicts with a provision of Chapter 18.68 SMC (Temporary Uses) regarding the regulation of events, or Chapter 12.24 SMC (Parks and Playgrounds) regarding park uses, the conditions of this chapter control. (Ord. 2024-020 § 1 (Exh. A); Ord. 2021-012 § 1 (Exh. B); Ord. 2019-009 § 1 (Exh. A))
8.38.020 Definitions.
The following words and phrases used in this chapter are to be construed as defined in this section:
“Director” means the public works director or other person(s) designated to issue special event permits and park use permits.
“Exempt activity” is any temporary activity or use that does not require application for or issuance of a special event permit or park use permit.
“Expressive activity” means an activity whose sole or principal object 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” also includes activities related to freedom of the press, including without limitation press conferences and coverage of breaking news. “Expressive activity” does not include fairs, festivals, concerts, performances, athletic events, fundraising events, commercial advertising, or events whose principal purpose is entertainment.
“Miscellaneous park use permit” or “MPUP” means the park use permit available from the city for certain park uses regulated by this chapter.
“Protected event” includes any temporary expressive activity or spontaneous assembly conducted on public or private property that involves political or religious activity intended primarily for the communication or expression of ideas, the protection of which is constitutionally guaranteed.
“Special event” is a temporary activity that affects the ordinary and normal use by the general public of public property or facilities, or that affects traffic flows, rights-of-way, parking, public safety, or the operations or services of the city or other public agencies.
“Special event permit” or “SEP” means the permit required to be issued by the city of Sequim before a special event is held.
“Spontaneous assembly” means an unplanned and unannounced coming together of people in an expressive activity that was not contemplated beforehand by any participant. (Ord. 2024-020 § 1 (Exh. A); Ord. 2021-012 § 1 (Exh. B); Ord. 2019-009 § 1 (Exh. A))
8.38.030 Special events that require a permit – Park uses that require a permit.
A. Special events that require application for and issuance of an SEP from the city of Sequim include, but are not limited to, the examples described in this section. The determination as to whether a proposed activity is expected to have an effect or impact is at the discretion of the director of public works or designee. Applicants who believe their event may be exempt from the permit requirement pursuant to SMC 8.38.050 are encouraged to initiate a discussion with the director or designee before scheduling the event.
Typical events requiring a special event permit application and review process:
1. Events on city-owned, leased, or controlled property, which in the city’s determination do not fall under an exemption (SMC 8.38.050), and where there is a reasonable expectation that any of the following is true:
a. The activities will affect city property, facilities, or operations in a manner that exceeds the ordinary and normal use by the general public; or
b. The activities will affect the flow of traffic along roadways, rights-of-way, intersections, parking areas, or transit stops in a manner that exceeds the ordinary and normal use by the general public; or
c. The activities will significantly increase the potential impact on emergency services, such as law enforcement, fire, or medical aid; or
d. The activities involve tents or canopies that are larger than 10 feet by 10 feet or used for cooking facilities; or
e. The activities involve temporary structures such as stages, concession stands, booths, rides, or sani-cans.
2. Events on public property that is not owned, leased, or controlled by the city of Sequim, such as library or school district property, or on private property, which does not fall under an SMC 8.38.050 exemption, and where there is a reasonable expectation that any of the following is true:
a. The activities will increase the potential impact on the flow of traffic along roadways, rights-of-way, intersections, parking areas, or transit stops in a manner that exceeds the ordinary and normal use by the general public; or
b. The activities will increase the potential impact on emergency services, such as law enforcement, fire, or medical aid; or
c. The activities involve temporary structures such as stages, concession stands, booths, rides, or sani-cans; or
d. The activities will likely impact the peaceful enjoyment of private property by neighboring property owners.
B. Uses of city parks that require application for and issuance of a miscellaneous park use permit (MPUP) include, but may not be limited to, the examples listed in this section:
1. Uses that utilize space typically designated for group gatherings; or
2. Uses that will involve fewer than 125 people; or
3. Uses that will require electricity from the park; will generate additional trash; will create significantly higher use of public restroom facilities; or will strain parking facilities; or
4. Uses during which the activity organizer intends to charge attendance or admission fees or sell merchandise or food; or
5. Uses that involve alcohol sales or consumption; or
6. Uses that include more than one 10-foot by 10-foot pop-up canopy; or
7. Uses that will include mobile food vendors; or
8. Uses that will interfere with the ordinary and normal use of a public park or impact the ordinary and normal vehicle and pedestrian traffic in the vicinity of the park.
MPUP fees are as established in Chapter 3.68 SMC. The application process and deadlines are the same as for an SEP. The director or designee has discretion on the types and amount of insurance to require based on an assessment of the risk of proposed activities.
C. Special events or park uses that will include the sale or trade of food, merchandise, or services require a permit unless an exemption applies (see SMC 8.38.050). At the city’s determination, a temporary use permit as described in Chapter 18.68 SMC may be required instead of an SEP or MPUP. (Ord. 2024-020 § 1 (Exh. A); Ord. 2020-011 § 1 (Exh. A); Ord. 2019-009 § 1 (Exh. A))
8.38.040 Protected events under the First and Fourteenth Amendments to the U.S. Constitution.
Events or activities that are an exercise of rights protected under the First and Fourteenth Amendments to the U.S. Constitution are protected events. Protected events may require a special event permit if one or more of the activities referenced in SMC 8.38.030 apply. However, if a special event permit is determined to be required, the city will expedite review and processing of the application in a manner that respects the liberty of applicants and the public, will charge no fee, and will limit imposition of conditions to event location, time, manner, traffic control, and assembly/disbanding locations.
Nothing in this section is intended to restrict or constrain spontaneous assemblies that are a lawful exercise of the public’s constitutionally guaranteed rights. However, “disorderly conduct” as defined in RCW 9A.84.030(1) is not considered a constitutionally guaranteed right.
Protected event status will not be extended to gatherings and activities that, after city staff review, are determined to fail to meet the definitions of expressive activities or spontaneous assemblies in SMC 8.38.020. Events that involve vendors, entrance fees, ticket sales, or fundraising efforts are considered nonexpressive activities notwithstanding the event’s theme, purpose, or expected audience and attendees. Such events are ineligible for the waivers and limits on regulation that are available to protected events and spontaneous assemblies. (Ord. 2024-020 § 1 (Exh. A); Ord. 2019-009 § 1 (Exh. A))
8.38.050 Exempt activities.
Activities that are exempt from this chapter and do not require SEPs or MPUPs include, but are not limited to:
A. Funeral and wedding processions.
B. Government meetings in normal places of assembly.
C. Conferences, conventions, or other gatherings of people held in facilities located in appropriately zoned areas of the city and designed for that purpose.
D. Gatherings of 30 or fewer people in a public park for a single purpose or cause that is nonrecurring and does not involve the sale or trade of food, merchandise, or services.
E. Temporary outdoor on-site sales lasting no longer than two consecutive weeks conducted by businesses on private property, such as holiday, grand opening, or anniversary sales, including associated outdoor displays that do not impede pedestrian or vehicular traffic and comply with Chapter 18.58 SMC.
F. Temporary sales of goods or offerings of services conducted solely by nonprofit organizations or volunteer groups on public or private property, such as scout group or school fundraising activities.
G. Private garage, yard, and rummage sales, when operated not more than four consecutive days, four times in the same calendar year (see SMC 18.58.094).
H. Special events that occur exclusively on city property and are sponsored or conducted by the city of Sequim.
I. Pedestrian processions along a route that is restricted to sidewalks and crossing roadways only at pedestrian crosswalks in accordance with traffic regulations and controls.
J. Activities of governmental agencies, including but not limited to military units, which are performed within the scope of such agency’s duties and functions.
K. Spontaneous assemblies that are a lawful exercise of the public’s constitutionally guaranteed rights.
L. Fireworks stands. (Regulated instead under Chapter 8.20 SMC.)
M. Regularly scheduled school events, such as athletic events that use existing parking and traffic controls and public safety support, or the practice sessions and games of school and community sports teams.
N. Lawful picketing by 30 or fewer people on sidewalks in a manner that does not impede pedestrian or vehicular traffic or impair vision triangles.
O. Events that are nonrecurring held on private property or on public property that is not owned by the city (e.g., school district or library) that do not involve the use of city public property, facilities, or operations and that also meet all of the following:
1. The activities will not increase the potential impact on the flow of traffic along roadways, rights-of-way, intersections, parking areas, or transit stops in a manner that exceeds the ordinary and normal use by the general public;
2. The activities will not increase the potential impact on emergency services, such as law enforcement, fire, or medical aid;
3. The activities do not involve temporary structures, such as stages, concession stands, booths, or rides;
4. Where any tent or canopy used is erected to fire safety standards; and
5. The event is unlikely to disturb the peaceful enjoyment of private property. (Ord. 2024-020 § 1 (Exh. A); Ord. 2020-011 § 1 (Exh. A); Ord. 2019-009 § 1 (Exh. A))
8.38.060 Permit fees – Permit application requirements.
A. SEP and MPUP fees are established by the city’s rates and fees ordinance (Chapter 3.68 SMC), which is regularly reviewed, amended, and adopted by the city council.
B. Timely Submission of Application. Any person or organization desiring to organize an activity that requires a permit under this chapter should apply for the permit at least 60 calendar days before the date on which the event or park use is to occur. Applicant should have all other required permits issued or their applications underway before submitting the application. Failure to apply within the 60-day deadline will not be grounds for denying any protected event.
C. Waiver of 60-Day Application Deadline for Nonprotected Events. At the director’s sole discretion, the city will consider an application for a nonprotected event that is submitted after the 60-day deadline if there is still sufficient time to process and investigate the application and, if applicable, arrange for police and other city services for the event. The director’s decision not to waive an application deadline is final. This subsection does not apply to protected events, which are not subject to the submission deadline in subsection B of this section.
D. Indemnification. An indemnification agreement is required as a condition for issuing an SEP or MPUP and is included in the permit application. The indemnification agreement ensures that the applicant or event organizer will indemnify, defend, and hold harmless the city, its officers, employees, volunteers and agents from and against all causes of action, claims, or liabilities occurring in connection with the permitted event or park use, except those which occur due to the city’s sole negligence.
E. Insurance. Proof of insurance is required as a condition for issuing an SEP or MPUP, except when the activity is a protected event. The “City of Sequim” must be named as an additional insured on the certificate of liability insurance, and applicant must provide applicable insurer endorsement language as well as the certificate. The types and amounts of insurance required will be determined by the city based on the risk of exposure of the event or use. The minimum liability limit requirement is $1,000,000 per occurrence unless a lower minimum amount is specifically agreed to in writing by the director or designee.
F. Charges for City Services. In addition to any application fee that may be required, an SEP or MPUP may contain a requirement that the applicant reimburse the city for services and equipment provided for the event, except when the activity is a protected event. Costs include without limitation the use of police officers and public employees for any needed, requested, or required city services and the cost of operating the equipment to provide such services. Failure to timely pay the amount due may result in denial of future permits.
G. Cleanup Deposits and Reimbursement for Repairs. The applicant/organizer of a nonexempt, nonprotected special event or park use may be required to pay a cleanup deposit if, in the discretion of the director or designee, the event or use is likely to create a substantial need for cleanup. The permit may include a provision that the applicant/event organizer must reimburse the city for any cost of repairs that must be made to city property as a result of the event or use. The deposit may be refunded after the event if the area used has been cleaned and restored to the same condition as existed before the event. If not, the applicant/organizer will be billed for the actual cost of cleanup and restoration and the cleanup deposit will be applied toward payment of that bill.
H. Waiver of Fees and Charges. The city will waive permit application fees, charges for city services, and cleanup deposits for protected events but reserves the right to seek reimbursement from the event’s applicant/organizer in any manner allowed by law for damages caused to city equipment or property due to their willful or negligent acts or omissions. (Ord. 2024-020 § 1 (Exh. A); Ord. 2019-009 § 1 (Exh. A))
8.38.070 Authority of responsible official – Director authorized to adopt rules and regulations.
The director is the responsible official for purposes of issuing SEPs and MPUPs. The responsible official is authorized to:
A. Issue, issue with conditions, deny, or revoke permits for special events occurring within the city limits or park uses in city parks, pursuant to the procedures established in this chapter.
B. Determine the special event venue, including the setting of reasonable boundaries for the special event venue, balancing the special event requirements and the public health, safety, and welfare.
C. Inform applicants of the need to obtain permits from other local, state, or federal public agencies in order to be eligible for an SEP or MPUP, and ensure that those permits are obtained before the city issues the permit.
D. Waive permit fees and other application requirements and determine what, if any, limited conditions may be imposed on protected events.
The director is authorized to promulgate additional rules and regulations that are consistent with and that further the terms and requirements set forth in this chapter and the provisions of law that pertain to the conduct and operation of special events and park uses. (Ord. 2024-020 § 1 (Exh. A); Ord. 2019-009 § 1 (Exh. A))
8.38.080 General permit conditions.
The city may condition the issuance of an SEP or MPUP 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.
Events or park uses that require application for and issuance of a permit may be located within all zones. Such events must be conducted consistent with the conditions set forth in the issued permit.
Before issuing an SEP or MPUP the director or designee will consider whether adequate plans for parking exist to meet the need generated by the proposed activity; whether the proposed activity unreasonably compounds impacts of other activities such as events or construction on the date(s) requested; whether the proposed location has been unreasonably impacted by the number of events in a one-year period; and any other and additional conditions deemed necessary by the director or designee to reasonably ensure that the proposed activity does not create a likelihood of endangering participants or spectators.
Other conditions or considerations include but are not limited to:
A. All temporary structures approved with an SEP or MPUP must be removed within 24 hours of the conclusion of the activity or as specified in conditions attached to the permit, leaving the site in the same condition as it was before the temporary structures’ placement.
B. Fumes, Odors, and Dust. Special events that create noxious fumes, offensive odors, or excessive amounts of airborne dust are not permitted. Applicant is required to meet applicable state standards regarding the control of such nuisances.
C. Other Permit Requirements. The city may require evidence of insurance coverage; signed indemnification and hold harmless agreements; proof of possession of any federal, state, county, or local required permits or licenses; damage deposits; deposits for payment for cleanup, traffic control, and security; and other similar requirements, including any applicable provisions for business licenses and collection and reporting of sales tax. All requirements will be identified in the permit.
D. Priority of Permit Issuance. Events sponsored by the city of Sequim have priority when scheduling dates and public venues. All other events, except protected events, will be scheduled on a first-come, first-served basis not more than 12 months prior to the proposed date of the event. If more than one event organizer submits an application for an event or park use that would occur on the same date and venue, the following prioritization criteria will be applied in the following order:
1. The organizer has a demonstrated history of success in producing events in Sequim, Clallam County, or the Olympic Peninsula.
2. The event has been recommended for funding by the lodging tax advisory committee or has received any other city grant.
3. The event or park use supports a city council goal or program initiative. (Ord. 2024-020 § 1 (Exh. A); Ord. 2019-009 § 1 (Exh. A))
8.38.090 Denial of special event or park use permit.
The city through the director or designee may deny an application for an SEP or MPUP. Grounds for denial may include, but are not limited to, the following:
A. The applicant provides false or misleading information.
B. The applicant fails to complete the application or to supply other required information or documents, or declares or shows an unwillingness or inability to comply with the reasonable terms or conditions contained in the proposed permit.
C. The proposed event or park use 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 owners.
D. Another application has already been received, or has already been approved, to hold another activity on the same date, or at the same time, or at the same location requested by the applicant, or so close in date, time, or location as to cause undue traffic congestion, or the police department and/or other city departments are unable to meet the needs for police and other city services for both events, or for other scheduled events or unscheduled governmental functions.
E. The proposed event or park use would unreasonably disrupt the orderly or safe circulation of traffic and would present an unreasonable risk of injury or damage to the public.
F. Insufficient numbers of safety personnel or other necessary city staff are available to safely accommodate the event or park use.
G. The applicant has insufficient 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 proposed event.
If subsection C, D, or E of this section applies, the director must offer the applicant the opportunity to submit an alternate date, time, or location for the proposed event before denying the application. (Ord. 2024-020 § 1 (Exh. A); Ord. 2019-009 § 1 (Exh. A))
8.38.100 Appeal procedure.
Applicants for SEPs or MPUPs have the right to an administrative appeal of the director’s denial of a permit, imposition of any permit condition, fee, charge, or deposit, or determination that the applicant’s insurance does not comply with requirements specified in the permit.
A written notice of appeal must be filed with the city clerk within three business days after the applicant or event organizer receives notification from the director or designee that a permit has been denied, or that certain conditions or fees have been imposed. The notice of appeal must set forth the specific grounds for the appeal and attach any relevant documents for consideration.
Administrative appeals are heard by the city manager, who has sole discretion on whether to grant expedited review. If expedited review is not granted, the city manager will hold the hearing within 10 business days of receipt of the written notice of appeal and render a decision within one business day of the hearing. The city manager’s decision is final. (Ord. 2024-020 § 1 (Exh. A); Ord. 2019-009 § 1 (Exh. A))
8.38.110 Violation – Penalty.
It is unlawful for any person to organize or conduct an event requiring a permit pursuant to this chapter unless a valid permit has been issued and remains in effect for the duration of the event or park use. It is unlawful for any person to participate in such activity with the knowledge that the organizer has not been issued a required, valid permit or that a once-valid permit has expired or been revoked.
The SEP or MPUP authorizes the permittee/organizer to conduct only such activity as is described in the permit and in accordance with the terms and conditions of the permit. It is unlawful for the permittee or event organizer 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 or park use if the permit is revoked or expired.
Violations of this chapter or the conditions of any permit issued hereunder will be enforced in accordance with Chapter 1.13 SMC, Code Enforcement, and any applicable state law or city ordinance. (Ord. 2024-020 § 1 (Exh. A); Ord. 2019-009 § 1 (Exh. A))
8.38.120 Responsibility – No duty created.
This chapter does not create any duty owed by the city of Sequim as to any specific person, party, or class. Any duty that may be deemed to exist or arise in connection with the city’s permitting function is deemed exclusively a duty to the general public as a whole and not to any specific person, party, or class. (Ord. 2024-020 § 1 (Exh. A); Ord. 2019-009 § 1 (Exh. A))