Chapter 9.14
SPECIAL EVENTS
Sections:
9.14.120 Denial of application.
9.14.150 Revocation or suspension.
9.14.170 Penalty for violation.
9.14.010 Purpose and policy.
Special events are of infrequent occurrence and temporary nature and may be associated with promotions, holidays, festivals, etc. Special events shall be allowed by a special events permit granted by the mayor or designated appointee.
Special events, such as fun runs, roadway foot races, fundraising walks, parades, carnivals, shows, exhibitions, and fairs promote tourism, foster economic revitalization of downtown and neighborhoods and provide cultural activities for residents. Events such as neighborhood block parties help build community connections that bring families and neighborhoods together. The city of Sultan encourages such events within an environment that allows for the excitement and fun anticipated, yet adequately provides for the protection of citizens, visitors and all participants involved. (Ord. 1045-09 § 1)
9.14.020 Intent.
It is the specific intent to place the obligation of complying with the requirements of this chapter upon the applicant or sponsor, and nothing contained in this chapter is intended to be construed to create or form the basis for liability on the part of the city, or its officers, employees or agents for any injury or damage resulting from the failure of the applicant or sponsor to comply with the provisions stated herein.
Applicants are responsible for following all pertinent city codes and regulations when undertaking a special event in Sultan. (Ord. 1045-09 § 1)
9.14.030 Definitions.
For the purpose of this chapter, words and phrases used herein are as follows:
“Applicant” shall mean any person or organization who seeks a special event permit to conduct or sponsor an event governed by this chapter.
“Athletic event” shall mean an occasion in which a group of persons collect to engage in or watch a sport or form of exercise on private or public property and/or on a city street, sidewalk, alley, or other street right-of-way, which obstructs, delays or interferes with the normal flow of pedestrian or vehicular traffic, or does not comply with traffic laws or controls. Athletic events include, but are not limited to, bicycle and foot races.
“Block party” shall mean events being held by people living in a neighborhood, families and close friends (not larger publicized events open to the general public) on a private property or a street which may close or block a street, or a portion thereof, to vehicular traffic, and/or use of the street for the festivity including barbecues, picnics, music or games.
“Community and/or regional event” includes but is not limited to festivals, fairs, parades, carnivals, fun runs, fundraising walks and rides, and exhibits on public or private property that attract participation from the Sky Valley community and areas outside the Sky Valley and impact city services such as police, traffic management, and garbage collection and public property such as city streets and parks.
“Parade” shall mean a march or procession consisting of any number of persons, animals, or vehicles, or a combination thereof, on any city street, sidewalk, alley, or other right-of-way, which obstructs, delays or interferes with the normal flow of pedestrian or vehicular traffic, or does not comply with traffic laws and controls.
“Permit application fee” shall mean the fee to be paid by the special event permit applicant at the time the application is filed with the city clerk. Such fee shall be set by the city council.
“Permittee” shall mean any person or organization who has been issued a special events permit by the mayor or appointed designee. The permittee shall have authority, subject to approval by the city, to determine participation in commercial activities during a special event.
“Refundable deposit” shall mean the amount of money required of a permittee by the public works department in order to assure adequate cleanup of the special event site. The deposit shall be returned to the permittee upon the completion of the event and approval of the public works department.
“Special events permit” shall mean the permit issued by the mayor or appointed designee after the applicant has met all applicable reviews and requirements set forth in this chapter. (Ord. 1045-09 § 1)
9.14.040 Exemptions.
The provisions of this chapter shall not apply to:
A. Funeral and wedding processions;
B. Groups required by law to be so assembled;
C. Pedestrian processions along a route that is restricted to sidewalks and crossing streets only at pedestrian crosswalks in accordance with traffic regulations and controls;
D. Gatherings of 30 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 or rummage sales;
G. Other similar events and activities which do not directly affect or use city property and/or city services as determined solely by a majority of the city council. (Ord. 1045-09 § 1)
9.14.050 Administration.
The mayor or designated appointee shall, after consultation with appropriate departments and agencies, have discretionary authority regarding special event permits. The mayor or designated appointee may approve, deny, or condition an application for a special events permit. (Ord. 1045-09 § 1)
9.14.060 Permit required.
A. Any person desiring to conduct or sponsor a special event on private or public property, and/or which will necessitate the use of the public right-of-way, shall first obtain a special events permit.
B. When such an event will be an exercise of rights protected by the First and Fourteenth Amendments to the United States Constitution, or Article I, Section 3, 4, 5, or 11 of the Washington State Constitution, the application shall be processed promptly, without charging a fee for political or religious activities or imposing terms or conditions that infringe upon constitutional freedoms, and in a manner that respects the liberties of applicants and the public.
C. An internal review process will be conducted for parades, athletic events or other special events that occur exclusively on city property and are conducted in full by the city of Sultan. (Ord. 1045-09 § 1)
9.14.070 Permit fee.
The fee for issuance of a special events permit shall be set by the fee schedule adopted by the city council. (Ord. 1045-09 § 1)
9.14.090 Permit application.
A. Any person wishing to sponsor a special event shall apply for a special event permit by filing a complete application with the city clerk, on a form provided by the city, at least 30 calendar days prior to the date on which the event is to begin to occur.
Complete applications for special events permits submitted less than 30 days in advance will be accepted but may be approved at the sole discretion of the mayor or mayor’s designee given sufficient time to adequately review the application and meet the requirements set forth in this chapter.
B. The mayor or designated appointee shall issue the special events permit once the application has been approved after review of appropriate departments to include police, fire, public works, community development, and others as determined by the mayor or designated appointee, and the applicant has agreed in writing to comply with the terms and conditions of the permit.
C. The mayor or designated appointee shall approve, conditionally approve, or deny an application based on the recommendations of city departments involved in the review process. (Ord. 1347-21 § 4; Ord. 1045-09 § 1)
9.14.100 Permit requirements.
A. Special event uses are to be temporary and approved for a particular zoning district by the community development director.
B. Temporary signage and temporary structures will be allowed subject to provisions of this code pursuant to the interpretive authority and discretion of the community development director.
C. Requests for temporary parking facilities for special events and street closures for special events shall be subject to provisions of this code pursuant to the interpretive authority and discretion of the public works director.
Each site occupied by a special use/event must provide or have available sufficient parking and vehicular maneuvering area for customers and must provide safe and efficient interior circulation and ingress and egress to and from public right-of-way.
D. Requests for fire and emergency medical services shall be subject to requirements and interpretive authority and discretion of the fire district.
E. Requests for police services shall be subject to provisions of this code pursuant to the interpretive authority and discretion of the police chief.
F. Expenses for fire, police, medical services, parks, and public works crews needed for coverage and cleanup at the special event are the responsibility of the applicant, even if the permit fee has been waived. A deposit for expenses is due when the permit is issued. Any unused deposit, not under dispute, will be returned upon request within 45 days following the event.
G. Temporary business licenses are required for all vendors. A temporary business license fee shall be set by council resolution.
H. Applicants are required to provide 10 calendar days’ notice to surrounding property owners within 500 feet of the event after an application is approved. The mayor or mayor’s designee has discretion to allow a shorter notification period to surrounding property owners upon good cause shown; and provided, that no risk or burden to the city or surrounding property owners ensues.
I. Applicants must obtain local, county, state and federal permits as required.
J. A copy of the approved permit and vendor business licenses will be available on site throughout the event. (Ord. 1347-21 § 5; Ord. 1045-09 § 1)
9.14.110 Permit conditions.
The mayor or designated appointee may condition the issuance of a special events permit by imposing reasonable requirements concerning 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.
After issuing a permit, the mayor or designated appointee may further reasonably condition the permit based on public comment following notification by the applicant of the approved permit. Public comment must be received within five business days of notification. (Ord. 1045-09 § 1)
9.14.120 Denial of application.
A special event permit may be denied solely at the discretion of the mayor or mayor’s designated appointee based upon a determination that:
A. The event would endanger public safety and/or interfere with access to emergency services;
B. The event would seriously inconvenience the general public;
C. The event would unreasonably infringe upon the rights of abutting properties;
D. The event would conflict with another proximate event or interfere with construction or maintenance work in the immediate vicinity;
E. There is not sufficient safety personnel or other necessary city staff to accommodate the event;
F. The applicant failed to complete the application form after being notified of the additional information or documents required;
G. Information contained in the application of supplemental information requested from the applicant is found to be false in any material detail;
H. The applicant cannot meet, or is unwilling to meet, all of the requirements of this chapter or any special conditions imposed by any of the reviewing agencies;
I. The applicant fails to obtain local, county, state and federal permits or approvals as required;
J. Other issues in the public interest were identified by the mayor or designated appointee;
K. Failure to prepay deposit for expenses. (Ord. 1045-09 § 1)
9.14.130 Indemnification.
A. Prior to the issuance of the special event permit, the applicant must agree to reimburse the city for any costs incurred by the city in repairing damage to city property occurring in connection with the permitted event.
B. Permittee agrees to defend, indemnify and save harmless the city, its appointed and elected officers and employees from and against all loss or expense, including but not limited to judgments, settlements, attorney’s fees and costs by reason of any and all claims and demands upon the city, its elected officials or employees for damages because of personal or bodily injury, including death at any time therefrom, sustained by any person or persons and on account of damage to property or loss therefrom, arising out of any activity under or in connection with the special event, except only such injury as shall have been occasioned by the sole negligence of the city, its appointed or elected officers or employees.
C. The mayor or designated appointee has the authority to require a refundable deposit as suggested by the public works department for reimbursement of the costs for cleanup services. (Ord. 1045-09 § 1)
9.14.140 Insurance required.
A. The permittee shall provide the city with proof of commercial general liability insurance generally in the amount of $1,000,000 combined single limits per occurrence, and an endorsement naming the city of Sultan as an additional insured when required as a condition of approval by the mayor or designated appointee.
B. Certificates of insurance shall be submitted to the city for approval 14 working days prior to the event. Acceptability of insurance is subject to approval by the mayor or mayor’s designee. (Ord. 1045-09 § 1)
9.14.150 Revocation or suspension.
A. A special events permit issued under this chapter shall be temporary, shall vest no permanent rights in the applicant, and may be immediately revoked or suspended by the mayor or designated appointee if:
1. The applicant has made a misstatement of material fact in the information supplied; the applicant has failed to fulfill a term or condition of the permit in a timely manner; or a check submitted by the applicant in payment of an expense or fee for a permit has been dishonored;
2. The applicant requests the cancellation of the permit or cancels the event;
3. The activity endangers or threatens persons or property, or otherwise jeopardizes the health, safety or welfare of persons or property;
4. The activity conducted is in violation of any of the terms or conditions of the special events permit;
5. An emergency or supervening occurrence requires the cancellation or termination of the event in order to protect the public health or safety;
6. Fails to pay deposit for city expenses.
B. The city shall refund the permit fee in the event of a revocation caused by an emergency or supervening occurrence; the city shall refund the balance of the fee less the costs incurred if the cancellation occurs at the request of an applicant who is in compliance with this chapter. (Ord. 1045-09 § 1)
9.14.160 Appeal.
The applicant has the right to appeal permit conditions or denial of application to the hearing examiner as a Type I permit action. (Ord. 1367-22 § 3 (Exh. A); Ord. 1045-09 § 1)
9.14.170 Penalty for violation.
Any person, association, firm, partnership, or corporation that violates any of the provisions of this chapter shall be guilty of a misdemeanor and shall, upon conviction, be punished by a fine not to exceed $1,000 and by imprisonment not exceeding 90 days or both such fine and imprisonment. Each day or portion of a day in which a violation is committed constitutes a separate offense. (Ord. 1045-09 § 1)
9.14.180 Severability.
If any part, provision or section of this chapter is held to be void or unconstitutional, all other parts not expressly so held shall continue in full force and effect. (Ord. 1045-09 § 1)