Chapter 12.15
SPECIAL EVENT PERMITS

Sections:

12.15.010    Purpose.

12.15.020    Policy.

12.15.030    Intent.

12.15.040    Special event permits.

12.15.050    Permit conditions.

12.15.060    Permit fees and charges.

12.15.070    Insurance and hold harmless provisions.

12.15.080    Revocation of permit.

12.15.090    Administrative liability.

12.15.100    Violation – Penalty.

12.15.010 Purpose.

It is the purpose of this chapter to provide for the issuance of special event permits to regulate events on the public streets and the public property of the town of Skykomish in the interest of public health, safety, and welfare, and to provide for fees, charges, and procedures required to administer the permit process. (Ord. 346, 2004)

12.15.020 Policy.

It is the policy of the town, as implemented through this chapter and any procedures adopted hereunder, to recognize the substantial community benefits that result from special events. These events provide cultural enrichment, promote economic vitality, and enhance community identity and pride. They also may provide opportunities for family activities and funding for our community’s nonprofit agencies. Partnerships between the town, event sponsors and the community are valuable in ensuring successful events. Therefore, the town will strive to accommodate special events. The town recognizes that events can be difficult to implement successfully and that the town requirements may represent a significant portion of an event’s costs. When setting fees and conditions for events, the town will be sensitive to their impact on the event’s costs while balancing the town’s obligations to protect public health and safety. It is the town’s goal to have successful special events that enrich and enliven the community. (Ord. 346, 2004)

12.15.030 Intent.

It is the specific intent of this chapter and any procedures adopted hereunder to place the obligation of complying with the requirements of this chapter upon the applicant or sponsor, and no provision hereof is intended to impose any duty upon the town of Skykomish or any of its officers, employees, or agents. Nothing contained in this chapter or any procedures adopted hereunder is intended to be or shall be construed to create or form the basis for liability on the part of the town or its officers, employees or agents, for any injury or damage resulting from failure of the applicant or sponsor to comply with the provisions hereof. (Ord. 346, 2004)

12.15.040 Special event permits.

No person, partnership, group, organization, company, or corporation shall sponsor or conduct a special event in the town of Skykomish without first having obtained a special event permit as provided in this chapter. Provided, however, that a special event permit is not required for the following activities:

(1) Funeral and wedding processions;

(2) Parades involving a total of less than 20 pedestrians marching along a parade route that is restricted to marching on sidewalks, and crossing streets only at pedestrian crosswalks in accordance with traffic regulations and controls. Pedestrians participating in the parade shall cross in crosswalks and shall allow vehicles to pass;

(3) Groups of students involved in school sponsored and sanctioned activities;

(4) Gatherings of 20 or fewer people in a town park, unless merchandise or services are offered for sale;

(5) Merchant(s) sidewalk sales/special business promotional sales where pedestrian and vehicular traffic are not significantly impacted and where no special use of town services is required. (Ord. 346, 2004)

12.15.050 Permit conditions.

Permit conditions may include in a special event permit, among other provisions, reasonable terms or conditions as to the time, place, duration, and manner of the event, compliance with health and sanitary regulations, emergency services, and security, and such additional conditions as may be necessary to assure that the conduct of the special event will not pose a risk to public health, safety, and welfare. In developing conditions the town of Skykomish shall consider other concurrent events, the rights of abutting owners and the needs of the public to use streets, sidewalks, parks, and other public property. (Ord. 346, 2004)

12.15.060 Permit fees and charges.

(1) Permit fees are to be based on estimated costs to the town as determined on a case-by-case basis. Costs shall include additional police protection man hours related to the event at the pay scale in effect at the time of the special event. Costs shall also include town labor and material costs for setting up traffic/parking barricades, for garbage management and disposal, for street or right-of-way cleanup, for electrical usage, park fees, administrative fees, and other costs to the town. The permit fee must be paid at least two weeks prior to the event and prior to the issuance of the permit. A permit fee is refundable, except for costs actually incurred by the town, if the special event is cancelled at least seven days prior to the scheduled date of the event. Within 30 days of the conclusion of the special event, the mayor or mayor’s designee shall determine if additional costs were incurred beyond the estimated costs set forth in the permit fee. If additional costs were incurred, they shall be billed to the applicant/sponsor and paid within seven days. In addition to the permit fee based on estimated costs, the applicant/sponsor shall also pay a $25.00 processing fee at the time the application is filed. The processing fee is nonrefundable and cannot be waived.

(2) The mayor or mayor’s designee may waive all or a portion of the permit fee in the following circumstances:

(a) It is determined that the sponsor is unable to pay the fee based on financial information supplied by the sponsor and the town determines that the special event will promote public health, safety, and welfare; or

(b) It is determined that the event’s purpose is First Amendment expression under the United States Constitution and that the permit fee is so financially burdensome that it would constitute an    unreasonable burden on the right of First Amendment expression; or

(c) The event is sponsored in whole or in part by the town of Skykomish. (Ord. 346, 2004)

12.15.070 Insurance and hold harmless provisions.

(1) Prior to the issuance of a special event permit, the permit applicant and authorized officer of the sponsoring organization, if any, must sign an agreement to defend the town against, and indemnify and hold harmless the town, and its officers, employees and agents, from all claims arising in whole or in part out of the activities for which such permit is issued; except any claims arising solely out of the negligent acts or omissions of the town, its officers, employees and agents.

(2) The applicant shall provide general liability insurance naming the town of Skykomish as an additional insured. Limits of coverage will be determined by the mayor or a designee of the mayor at the time the application is reviewed. Certificates of insurance are to be submitted to the town for approval within 14 working days prior to the event. The permit shall not be issued until the insurance certificates are received and approved by the mayor or designee of the mayor. (Ord. 346, 2004)

12.15.080 Revocation of permit.

Any permit issued pursuant to this chapter may be summarily revoked by the mayor or mayor’s designee at any time when, by reason of disaster, public calamity, riot or other emergency, the mayor or mayor’s designee determines that the safety of the public or property requires such revocation. The mayor or mayor’s designee may also summarily revoke any permit issued pursuant to this chapter if it is found that the permit has been issued based upon false information or when the permittee exceeds the scope 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 his application. (Ord. 346, 2004)

12.15.090 Administrative liability.

The town and employees, agents, and contractors charged with enforcement and administration of this chapter, acting for the town in good faith and without malice in the discharge of their duties, shall not thereby render themselves liable personally for any damages which may accrue to persons or property as a result of any act required by or by reason of any act or commission in the discharge of such duties. (Ord. 346, 2004)

12.15.100 Violation – Penalty.

Any person or organization, including its officers, directors, agents, or employees, who engages in any action prohibited by this chapter, or who conducts or sponsors any special event without the required permit or in violation of the permit terms or conditions, or who participates in a special event knowing that the sponsor of the event has not been issued a required special event permit, or who knowingly makes any false statement on any application or permit, shall be guilty of an infraction and upon conviction thereof a fine of not more than $1,000 shall be levied. (Ord. 346, 2004)