Chapter 12.52
SPECIAL EVENTS
Sections:
12.52.040 Application – Contents.
12.52.045 Air supported amusement structure special permit application content.
12.52.050 Issuance of a special event permit does not obligate city services.
12.52.060 Permit – Conditions.
12.52.080 Insurance requirements.
12.52.090 Hold harmless requirements.
12.52.100 Permit – Time limits.
12.52.110 Reasons for denial of a special event permit.
12.52.130 Permit – Revocation.
12.52.010 Definitions.
For the purposes of this chapter, certain words and terms used in this chapter are defined as follows:
“Air supported amusement structure” means any device that incorporates a structural and mechanical system and employs a high-strength fabric or film that achieves its strength, shape and stability by pre-tensioning with internal air pressure (inflation). It carries or conveys or permits persons to walk, run or jump along, around or over a fixed or restricted route or course or within a defined area including the entrances and exits thereto, for the purpose of giving such persons enjoyment of self.
“Certificate of inspection” means a document given under oath or affirmation from an insurer or a person with whom the insurer has contracted to make a safety inspection of the amusement ride or structure. The certificate must contain: the name, address and signature of the inspector, the complete description of the structure and the name and address of the owner or operator. The amusement ride inspector or insurer per RCW 67.42.020(2) must certify that the amusement ride or structure has been inspected for safety and meets the standards for compliance with all applicable requirements of the National Electrical Code and this chapter, manufacturer’s specifications, American Society of Testing and Materials (ASTM) Standards on Amusement Rides and Devices, and insurance company inspection requirements. Amusement rides or structures that undergo major modification must be recertified by an amusement ride inspector or insurer per RCW 67.42.020(2) before being placed into operation.
“Civic event” means any city-hosted event or annual community event. Civic events do not include events with retail as the primary purpose.
“Director” means a department director as designated by the city administrator unless otherwise noted in this chapter.
“Parade” means any march or procession consisting of people, animals, bicycles, vehicles or a combination thereof, except funeral processions, upon any public or private street, roadway or sidewalk which does not comply with normal and usual traffic regulations or controls, as determined by the Sumner police department.
“Risk manager” means the city administrator or his designee unless otherwise noted in this chapter.
“Safety inspection” means a procedure to be conducted by a safety inspector to determine whether a device is assembled, maintained, tested, operated, and inspected in accordance with the current ASTM standards and the manufacturer’s or insurer’s standards, whichever is the most stringent, and that determines the current operational safety of the device.
“Safety inspector” means a third-party inspector authorized by the Washington State Department of Labor and Industries to conduct safety inspections of amusement rides or devices in compliance with their regulations.
“Special event” means an event or happening organized by any person, firm, organization or corporation which will generate or invite considerable public or private participation and/or spectators, and may create traffic and congestion interfering with normal street operations for a particular and limited purpose and time, including, but not limited to, fun runs, foot races, fund-raising walks, bike-athons, weddings, reunions, concerts, parties, parades, carnivals, food fairs, shows, vehicle drive-in/drive-through events, exhibitions, circuses, farmers markets, flower stands, street dances, flea markets, auctions and fairs. Special events pursuant to this chapter apply to those activities conducted partially or entirely on public property or require public resources.
“Special event permit” means any permit, including permits for air supported amusement structures, issued pursuant to this chapter. (Ord. 2805 § 1, 2022; Ord. 2564 § 1 (part), 2016: Ord. 2335 § 1 (part), 2010: Ord. 1591 § 1, 1993)
12.52.015 Policy.
It is the policy of the city, as implemented through this code and any procedures adopted hereunder, to recognize the substantial community benefits that result from special events. These events provide cultural enrichment and inclusivity, promote economic vitality and equity, and enhance community diversity, identity and pride. They also may provide opportunities for family activities and funding for our community’s nonprofit agencies.
Partnerships between the city, event sponsors and the community are valuable in ensuring successful events. Therefore, the city will strive to accommodate special events. The city recognizes that events can be difficult to implement successfully and that the city requirements may represent a significant portion of an event’s costs. When setting fees and conditions for events, the city will be sensitive to their impacts on the event’s costs while balancing the city’s obligation to protect public health, safety and impacts to the community such as noise and traffic congestion. It is the city’s goal to have successful special events that enrich and enliven the community.
It is the policy of the city that events be staged in various areas in Sumner when feasible, thus encouraging the participation by a greater number of Sumner citizens. The city also recognizes that certain events are site-specific; therefore flexibility is important when determining event locations. (Ord. 2805 § 2, 2022; Ord. 2564 § 1 (part), 2016)
12.52.020 Permit – Required.
A. No person shall engage in, participate in, aid, form or start any special event, unless a permit has been obtained from the director.
B. The following activities are exempt from the permit requirements:
1. Funeral processions provided they are conducted in conformance with the requirements of the Sumner police department;
2. Parades of the Armed Forces of the United States or the military forces of this state;
3. Events occurring entirely on private property and not requiring public resources;
4. Street closures related to street, utility or other construction authorized by the public works department; and
5. Use of city parks not requiring installation of risers, equipment, furniture, air supported amusement structures, other structures or sound amplification equipment not regularly a part of the park.
C. The director may waive the requirements for a special events permit for events and activities which rent or use facilities pursuant to chapter 12.60 SMC, City Parks and Facilities.
D. A special events permit is necessary to authorize variances from the provisions of chapter 12.60 SMC, City Parks and Facilities. (Ord. 2564 § 1 (part), 2016: Ord. 2335 § 1 (part), 2010: Ord. 1812 § 20, 1997: Ord. 1591 § 2, 1993)
12.52.030 Fees.
Applicants for special event permits involving city services shall pay 100 percent of any facility rentals (e.g., streets or parks), banner hanging fees, rental fees (e.g., extra barricades), equipment costs, and connections or services (if applicable). Such fees will be adopted annually by the mayor and city administrator.
Applicants for a special event that requires staff at the event (e.g., police officers for crowd/traffic control, public works employees to close down a road) shall pay 50 percent of all labor costs (if applicable). Such fees will be adjusted annually based on billable labor rates approved by the chief financial officer.
The city may budget funds to sponsor a portion or all of the costs associated with certain civic-related events as determined by the city.
The applicant for a special events permit shall post the fee with the city prior to the issuance of the permit. Any additional fees incurred shall be paid within 30 days of the end of the event. (Ord. 2805 § 3, 2022; Ord. 2564 § 1 (part), 2016: Ord. 2335 § 1 (part), 2010: Ord. 2231 § 2, 2007: Ord. 1591 § 3, 1993)
12.52.035 Review process.
The director has the authority to develop a review process, as approved by the city administrator, to determine what events qualify for city sponsorship. (Ord. 2564 § 1 (part), 2016)
12.52.040 Application – Contents.
The application for a special events permit shall be made to the director and shall include the following information:
A. The proposed location of the special event venue, which may be identified by a map attached to the special event permit;
B. The date, assembly area, time for assembly, and starting time of the special event;
C. The specific route plan proposed for the special event;
D. The proposed minimum and maximum speeds of the vehicles or other conveyances used in the special event;
E. The proposed number and types of persons, animals, and vehicles; the number of bands, other musical units, and equipment capable of producing sound, if any; and limitations thereon pertaining to noise abatement;
F. The proposed maximum interval of space to be maintained between booths or other structures to be used for the special event;
G. The proposed portion of the street and sidewalk that is to be occupied by the special event;
H. The proposed location of reviewing or audience stands, if any;
I. The proposed number and location of traffic controllers, monitors, other support personnel and equipment, and barricades to be furnished by the special event organizer;
J. The proposed area and time for disbanding;
K. The proposed plan for garbage collection and disposal;
L. The proposed conditions or restrictions on the use of alcoholic beverages and authorization for and conditions of the exclusive control or regulation of vendors and related sales activity by the event organizer during the special event;
M. The proposed provisions for any required emergency medical services; and
N. Such other information and conditions as are reasonably necessary for the conduct of the special event and the enforcement of this chapter, including the requirement for the on-site presence of the event organizer or its designated representative for all special event coordination and management purposes. (Ord. 2805 § 4, 2022; Ord. 2564 § 1 (part), 2016: Ord. 2335 § 1 (part), 2010: Ord. 1591 § 4, 1993)
12.52.045 Air supported amusement structure special permit application content.
In addition to the applicable application information listed in SMC 12.52.040, applicants wishing to use an air supported amusement structure must provide the following:
A. The name, address, and telephone number of the owner or operator of the air supported amusement structure together with the name of the applicant;
B. Description of the air supported amusement structure and if more than one each needs to be individually identified as follows:
1. By a trade name or title and a narrative description from which the air supported amusement structure can be identified; and
2. A serial number which is welded onto the frame or otherwise permanently affixed to the air supported amusement structure or ride;
C. Certificate of inspection demonstrating the completion of a safety inspection completed by a certified safety inspector as defined in SMC 12.52.010;
D. Hold harmless indemnification agreement as set forth in SMC 12.52.090; and
E. Each owner/operator of amusement rides and inflatable devices must have and keep in effect an insurance policy in the amounts and types as set forth in SMC 12.52.080 insuring:
1. The owner or operator; and
2. The city against liability for injury to persons arising out of the use of the amusement ride or structure naming the city as an additional insured. (Ord. 2564 § 1 (part), 2016)
12.52.050 Issuance of a special event permit does not obligate city services.
Issuance of a special event permit to this chapter does not obligate or require the city of Sumner to provide city services, equipment, or personnel in support of a special event. Any such support shall be clearly defined during the review process identified in SMC 12.52.035. (Ord. 2564 § 1 (part), 2016: Ord. 2335 § 1 (part), 2010)
12.52.060 Permit – Conditions.
The director may attach conditions to the permit issuance in order to ensure compliance with this chapter and/or other applicable law and regulations.
A. The time, hours, location and size of the special event will comply with city code requirements, will not unnecessarily impact the city and/or disrupt movement of traffic within the city;
B. The special event will not endanger the participants, spectators or the noninvolved public;
C. Adequate plans for parking exist to meet the needs generated by the proposed event;
D. The proposed event or use of the street will not intrude onto or over any portion of a public or private right-of-way open to vehicle or pedestrian travel in such a manner as to create a likelihood of endangering vehicles or pedestrians. In addition, in the event the requested permit involved encroachment or partial obstruction of a sidewalk or other walkway open to the public, a minimum of three feet of unobstructed sidewalk or other walkway shall be maintained at all times; and
E. The location of the special event will not cause undue hardship for adjacent business or residents.
F. As a condition of the issuance of a special event permit, the applicant shall be required to make adequate provisions for cleaning the area or route of the special event both during and upon completion of the special event and to return the area or route to the same condition of material preservation and cleanliness as existed prior to the special event.
G. The director may also condition the special event with any other condition necessary to protect the health and safety of the public.
H. When an event is located more than 500 feet from any restroom maintained by the city or when the event exceeds 500 people, additional ADA compliant portable toilets shall be provided at the expense of the applicant. (Ord. 2805 § 5, 2022; Ord. 2605 § 1 (part), 2017: Ord. 2564 § 1 (part), 2016: Ord. 2335 § 1 (part), 2010: Ord. 1591 § 6, 1993)
12.52.070 Bond requirements.
If the permit fee cannot reasonably be calculated the city may require the applicant to submit a performance bond or other satisfactory financial guarantee for payment to the city of any costs reasonably anticipated by the city and any costs reasonably anticipated to be incurred in removing debris, litter or papers from the streets or other material deposited thereon as a result of said special event. The director shall calculate the amount of the bond. This bond shall not be released until all financial obligations to the city are paid by the permittee. (Ord. 2564 § 1 (part), 2016: Ord. 2335 § 1 (part), 2010: Ord. 1591 § 7, 1993)
12.52.080 Insurance requirements.
The applicant shall secure and maintain in full force and effect throughout the duration of the permit, commercial general liability insurance written on an occurrence basis with limits of not less than $1,000,000 per occurrence and $2,000,000 general aggregate to include bodily injury and property damage covering potential liability arising from the event. A certificate of insurance or similar proof of coverage shall be submitted prior to the event and shall name the city of Sumner as an additional insured. The director, with the approval of the city attorney and city risk manager, in appropriate cases, may require additional coverage, higher limits, reduce or waive the required insurance limits depending on the level of the reasonable anticipated risk. (Ord. 2564 § 1 (part), 2016: Ord. 2335 § 1 (part), 2010: Ord. 1591 § 8, 1993)
12.52.090 Hold harmless requirements.
At least two weeks prior to the issuance of the permit, the applicant shall submit an agreement to defend, protect and save harmless the city of Sumner, its elected and appointed officials and its employees and agents from any and all claims, demands and causes of action of any kind or character, including claims for attorney’s fees and the cost of the defense thereof which may be filed against the city, its elected and appointed officials and its employees and agents, where such claim arises in whole or in part out of the activities for which such permit is issued; excepting therefrom any claim arising solely out of the negligent acts or omissions of the city, its elected and appointed officials and its employees and agents. (Ord. 2564 § 1 (part), 2016: Ord. 2335 § 1 (part), 2010: Ord. 1591 § 9, 1993)
12.52.100 Permit – Time limits.
Applications for special event permits shall be submitted at least 60 days but no more than 365 days prior to the event. The decision to approve or deny the permit shall occur no less than 30 days prior to the scheduled event. At the time of issuance, the special events permit shall stipulate a time limit for the event and all associated clean-up to be completed. (Ord. 2564 § 1 (part), 2016: Ord. 2335 § 1 (part), 2010: Ord. 1591 § 10, 1993)
12.52.110 Reasons for denial of a special event permit.
A. In reviewing whether to grant a requested special event permit, the director, or the city administrator on appeal, may deny a special event permit to an applicant who has not:
1. Provided for the services of a sufficient number of trained and certified traffic controllers; or
2. Provided sufficient monitors for crowd control and safety; or
3. Provided sufficient safety, health, or sanitation equipment services, or facilities that are reasonably necessary to ensure that the special event will be conducted with due regard for safety; or
4. Provided sufficient 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 special event; or
5. Met all of the requirements for submitting an application for a special event permit.
B. A special event permit may be denied if in the director’s opinion:
1. The special event will create the imminent possibility of violent disorderly conduct likely to endanger public safety or to result in significant property damage; or
2. The special event will violate public health or safety laws; or
3. The location of the special event will cause undue hardship for adjacent business or residents; or
4. The special event fails to conform to the requirements of law or duly established city policy; or
5. The applicant demonstrates an inability or unwillingness to conduct a special event pursuant to the terms and conditions of this chapter; or
6. The applicant has failed to conduct a previously authorized or exempted special event in accordance with law or the terms of a permit, or both; or
7. The applicant has not obtained the approval of any other public agency within whose jurisdiction the special event or portion thereof will occur; or
8. The applicant has failed to provide an adequate first aid or emergency medical services plan based on special event risk factors.
C. The director may deny a special event permit to an applicant who has failed to comply with any term of this chapter or with any condition of a special event permit previously issued to the applicant. (Ord. 2605 § 1 (part), 2017: Ord. 2564 § 1 (part), 2016: Ord. 2335 § 1 (part), 2010)
12.52.120 Appeals.
A decision denying a permit or the conditions applied to a special events permit shall be final unless appealed by the applicant to the city administrator. A letter requesting appeal of the director’s decision, which sets forth the grounds for appeal, shall be filed with the city clerk within five calendar days of the date of the written denial. The city administrator shall hear the appeal as soon as is reasonably practicable. (Ord. 2564 § 1 (part), 2016: Ord. 2335 § 1 (part), 2010: Ord. 1591 § 11, 1993. Formerly 12.52.110)
12.52.130 Permit – Revocation.
A. Any special event permit issued pursuant to this chapter is subject to revocation.
B. A special event permit may be revoked if the community development director determines:
1. That the special event cannot be conducted without violating the standards or conditions for special event permit issuance; or
2. The special event is being conducted in violation of any condition of the special event permit; or
3. The special event poses a threat to health or safety; or
4. The event organizer or any person associated with the special event has failed to obtain any other permit required pursuant to the provisions of this chapter; or
5. The special event permit was issued in error or contrary to law.
C. Except as provided in subsection (D) of this section, notices of revocation shall be in writing and specifically set forth the reasons for the revocation.
D. If there is an emergency requiring immediate revocation of a special event permit, the city clerk may notify the permit holder verbally of the revocation.
E. An appeal from a revocation shall be handled in the same manner and under the same time requirements as denials of special event permits, pursuant to SMC 12.52.120. (Ord. 2564 § 1 (part), 2016: Ord. 2335 § 1 (part), 2010: Ord. 1591 § 12, 1993. Formerly 12.52.120)
12.52.140 Enforcement.
The director is authorized to interpret and enforce all requirements, rules, regulations and conditions and to implement the purpose and intent of this chapter. The director may delegate enforcement to a particular department. (Ord. 2564 § 1 (part), 2016: Ord. 2335 § 1 (part), 2010: Ord. 1591 § 13, 1993. Formerly 12.52.130)
12.52.150 Penalty.
Violation of any portion of this chapter is an infraction and subject to a penalty of $1,000. The city may also recoup staff and/or equipment costs incurred as a result of the violation. In addition to the revocation of the permit, any person, firm or corporation who violates any of the provisions of this chapter or fails to comply with any of the requirements thereof is guilty of a class IV infraction and subject to a penalty of $1,000. The city may also recoup staff and/or equipment costs incurred as a result of the violation. (Ord. 2564 § 1 (part), 2016: Ord. 2335 § 1 (part), 2010: Ord. 1591 § 14, 1993. Formerly 12.52.140)