Chapter 5.15
SPECIAL EVENTS
Sections:
5.15.030 Permit – Application – Fee.
5.15.040 Permit – Application – Contents.
5.15.050 Permit – Application – Filing.
5.15.070 Insurance required – Hold harmless/indemnification.
5.15.080 Permit – Issuance standards.
5.15.110 Permit revocation or suspension.
5.15.010 Definitions.
A. “Applicant” means the person, firm or entity making application for a permit.
B. “City manager” shall mean the city manager or his/her designee.
C. “Parade” means any march or procession consisting of people, animals, bicycles, vehicles, or combination thereof, except wedding processions and funeral processions, upon any public street or sidewalk which does not comply with adopted traffic regulations or controls.
D. “Run” means an organized procession or race consisting of people, bicycles, or other vehicular devices or combination thereof upon the public street or sidewalk.
E. “Public property” means a street or other public place (i.e., park) under the control and authority of the City.
F. “Private event” means an event which uses public property for the purpose of monetary or personal gain by any person, partnership, group, organization, company or corporation or which is closed to the general public.
G. “Special event” means:
1. Any activity of a temporary nature on public property which affects the ordinary use of public rights-of-way, public parking lots, public parks, intersections, sidewalks or streets, or which would significantly impact the need for City-provided emergency services such as police, fire or medical aid, for purposes which include, but are not limited to, parades, walks/runs, street dances, fundraisers, sales, auctions, bikeathons, shows or exhibitions, filming/movie events, carnivals, circuses, car shows, horse shows, fairs and block parties, or other activity, demonstration or exhibition; or
2. Any activity, function, or event, which is open to the general public, where 200 or more people are estimated to attend; or
3. A private event.
H. “Street” or “streets” means any public roadway, sidewalk, or portions thereof in the City of Spokane Valley dedicated to the public use.
I. “Street dance” means any organized dance on any public street, public sidewalk or publicly owned parking lot. (Ord. 09-038 § 1, 2009; Ord. 08-013 § 2, 2008; Ord. 05-023 § 1, 2005; Ord. 04-028 § 1, 2004; Ord. 64 § 1, 2003).
5.15.020 Permit – Required.
No person shall conduct a special event upon public property unless a permit has been obtained from the parks and recreation director. (Ord. 08-013 § 2, 2008; Ord. 05-023 § 1, 2005; Ord. 64 § 2, 2003).
5.15.030 Permit – Application – Fee.
The fee for a special event shall be determined by resolution. (Ord. 08-013 § 2, 2008; Ord. 05-023 § 1, 2005; Ord. 64 § 3, 2003).
5.15.035 Permit – Exceptions.
The following activities are exempt from the requirement to obtain a special events permit, although such activities must still comply with all other applicable laws:
A. A funeral procession by a licensed mortuary;
B. Activities conducted by a governmental agency acting within the scope of its authority; and
C. Lawful picketing on sidewalks. (Ord. 08-013 § 2, 2008).
5.15.040 Permit – Application – Contents.
The application for a special event permit shall include the following:
A. The name, address, and telephone number of the applicant and any event organizer, if different than the applicant;
B. A certification that the applicant will be financially responsible for any City fees or costs that may be imposed for the special event, including the posting of the bond required in SVMC 5.15.060, and compliance with the insurance requirements in SVMC 5.15.070;
C. A certification that the applicant will comply with the hold harmless and indemnification provisions in SVMC 5.15.070;
D. If the special event is designed to be held by, on behalf of, or for any organization other than the applicant, the applicant for the special event permit shall file a written communication from such organization:
1. Authorizing the applicant to apply for the special event permit on its behalf;
2. Certifying that the applicant will be financially responsible for any costs or fees that may be imposed for the special event;
3. A copy of the tax exemption letter issued for any applicant claiming to be a tax-exempt nonprofit organization;
E. A statement of the purpose of the special event;
F. The proposed location for the special event;
G. Dates and times when the special event is to be conducted;
H. The approximate times when assembly for, and disbanding of, the special event is to take place;
I. The proposed locations of the assembly or production area;
J. The specific proposed site or route, including a map and written narrative of the route;
K. The proposed site of any reviewing stands;
L. The proposed site for any disbanding area;
M. Proposed alternate routes, sites or times, where applicable;
N. The approximate number of persons, animals or vehicles that will constitute the special event;
O. The kinds of animals anticipated to be part of the special event;
P. A description of the types of vehicles to be used in the special event;
Q. The number of bands or other musical units and the nature of any equipment to be used to produce sounds or noise;
R. The number and location of portable sanitation facilities;
S. Other equipment or services necessary to conduct the special event with due regard for participant and public health and safety;
T. The number of persons proposed or required to monitor or facilitate the special event and provide spectator or participant control and direction for special events using City streets, sidewalks, or facilities;
U. Provisions for first aid or emergency medical services, or both, based on special event risk factors;
V. Insurance and surety bond information;
W. Any special or unusual requirements that may be imposed or created by virtue of the proposed special event activity; and
X. Any other information required by the parks and recreation director. (Ord. 08-013 § 2, 2008; Ord. 05-023 § 1, 2005; Ord. 64 § 4, 2003).
5.15.050 Permit – Application – Filing.
A completed application for a special event permit shall be filed with the parks and recreation director at least four weeks before the date on which the event will occur. The parks and recreation director shall notify the applicant of approval or disapproval. (Ord. 09-038 § 1, 2009; Ord. 08-013 § 2, 2008; Ord. 05-023 § 1, 2005; Ord. 64 § 5, 2003).
5.15.060 Bond required.
The parks and recreation director may require a cash deposit or performance bond as a guarantee that the public property will be cleaned and returned to the condition in which it was found. The amount shall not be less than $50.00 and no more than $1,000. The parks and recreation director shall determine the amount of bond or deposit by considering type of event, projected number of participants and spectators, and the sponsor’s experience. For an event where clean-up or other potential expenses would likely exceed $1,000, the parks and recreation director shall refer the matter to the city council for consideration. (Ord. 08-013 § 2, 2008; Ord. 05-023 § 1, 2005; Ord. 64 § 6, 2003).
5.15.070 Insurance required – Hold harmless/indemnification.
A. The applicant shall provide the City with a declaration page demonstrating proof of liability insurance with a combined single limit of $1,000,000 per occurrence, and $2,000,000 in aggregate or such other amounts as may be established by the City’s insurance carrier. Evidence of insurance shall be filed with the application and shall name the City of Spokane Valley as an additional named insured. Depending upon the nature of the special event and its risk to the public and private individuals, the parks and recreation director may increase or reduce the liability limits for a given event after consultation with the City’s insurance carrier.
B. The applicant shall defend, indemnify, and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, which arises out of the applicant’s event, or from any activity, work or thing done, permitted, or suffered by applicant which arises from the applicant’s event, except only such injury or damage as shall have been occasioned by the sole negligence of the City. (Ord. 08-013 § 2, 2008; Ord. 05-023 § 1, 2005; Ord. 64 § 7, 2003).
5.15.080 Permit – Issuance standards.
The parks and recreation director shall not issue a special event permit if:
A. The time, route, or size of the event will unreasonably disrupt the movement of traffic along streets;
B. The size or nature of the event requires supervision by a significant number of police officers that causes unreasonable expense or diversion of police duties;
C. The applicant has failed to remit all fees, documents, or proof of bonds;
D. The applicant has failed to conduct a previously authorized special event in accordance with law or the terms of a permit, or both;
E. The police department or City traffic engineer fails to sign the permit due to traffic or other safety concerns;
F. The applicant has failed to provide sufficient safety, health or sanitation equipment services, or facilities;
G. The applicant has not provided sufficient off-site parking or shuttle service, or both, when required to minimize substantial adverse impacts on general parking and traffic circulation caused by the event;
H. The special event will substantially interfere with any other special event for which a permit has already been granted or with the provision of City services in support of other scheduled special events or governmental functions;
I. The special event would block traffic lanes or close streets during peak commuter hours on weekdays between 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. on streets designated as arterials by the City’s public works department. (Ord. 12-012 § 1, 2012; Ord. 10-024 § 2, 2010; Ord. 08-013 § 2, 2008; Ord. 05-023 § 1, 2005; Ord. 64 § 8, 2003).
5.15.090 Traffic control.
The parks and recreation director may require any reasonable and necessary traffic control with the applicant responsible for the expense. The parks and recreation director shall notify the applicant of any City-projected traffic control expense and collect this amount before a permit is issued. (Ord. 08-013 § 2, 2008; Ord. 05-023 § 1, 2005; Ord. 64 § 9, 2003).
5.15.100 Appeal procedure.
Upon denial of a permit by the parks and recreation director, an applicant may appeal to the city council by filing a written notice of the appeal within 10 days from the parks and recreation director’s decision. Upon such appeal, the city council may reverse, affirm, or modify the parks and recreation director’s determination. (Ord. 08-013 § 2, 2008; Ord. 05-023 § 1, 2005; Ord. 64 § 10, 2003).
5.15.110 Permit revocation or suspension.
The special event permit issued under this chapter is temporary and vests no permanent rights in the applicant, and may be immediately revoked or suspended by the parks and recreation director if:
A. The applicant has made a misstatement of material fact in the information supplied;
B. The applicant has failed to fulfill a term or condition of the permit in a timely manner;
C. The applicant requests the cancellation of the permit or cancels the event;
D. The activity endangers or threatens persons or property, or otherwise jeopardizes the health, safety or welfare of persons or property;
E. The activity conducted is in violation of any of the terms or conditions of the special event permit;
F. An emergency or occurrence requires the cancellation or termination of the event in order to protect the public health or safety; or
G. The applicant fails to prepay expenses.
The City shall refund the permit fee in the event of revocation caused by an emergency or supervening occurrence. All other refunds shall be at the discretion of the parks and recreation director. (Ord. 08-013 § 2, 2008; Ord. 05-023 § 1, 2005; Ord. 64 § 11, 2003).
5.15.120 Rules and policy.
To implement the special event permit, the parks and recreation director may develop and adopt rules, policies and forms consistent with this chapter. All adopted rules, policies and forms shall be filed with the city clerk. (Ord. 08-013 § 2, 2008; Ord. 05-023 § 1, 2005; Ord. 64 § 12, 2003).
5.15.130 Violation – Penalty.
Violation of this chapter is a class 1 civil infraction. (Ord. 08-013 § 2, 2008; Ord. 05-023 § 1, 2005; Ord. 64 § 13, 2003).