Chapter 10.27
SPECIAL EVENT PERMITS
Sections:
10.27.080 Permit application and fee.
10.27.090 Standards for issuance, denial or revocation of permit.
10.27.100 Notice of granting or denial.
10.27.120 Modification or revocation of permit – Emergency.
10.27.130 Reimbursement of activity costs.
10.27.150 Adoption of procedures.
10.27.010 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 public property of the city of Walla Walla in the interest of public health, safety and welfare; and to provide for fees, charges and procedures required to administer the permit process. (Ord. 95-8 § 1(part), 1995).
10.27.020 Policy.
It is the policy of the city, 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 city, event sponsors and the community are valuable in ensuring successful events.
The city recognizes that certain events, because they involve protected activities guaranteed under the Constitutions of the United States and the State of Washington, fall outside the scope of the ordinance codified in this chapter. 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 and safety. It is the city’s goal to have successful special events that enrich and enliven the community. (Ord. 95-8 § 1(part), 1995).
10.27.030 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 city of Walla Walla 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 city of Walla Walla, 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 hereof. (Ord. 95-8 § 1(part), 1995).
10.27.040 Definitions.
Whenever used in this chapter, the following words shall have the following meanings:
A. “Applicant” means the authorized agent of the sponsor who completes the application and acts as primary contract for the special event.
B. “Application” means a notice to stage a parade or special event submitted by an applicant which informs the city of a proposed event.
C. “Block party” means an event involving the closure of a one block residential street, for no more than eight hours, ending no later than ten p.m., for the purpose of a neighborhood crime watch meeting or social activity primarily involving the residents in the immediate area.
D. “Chief of police” means the chief of police of the Walla Walla Police Department or his/her designee.
E. “Event participant(s)” means a person in attendance at an event, including spectators, vendors, event staff, city staff, and all others present for the purpose of the event.
F. “Exempt closures or uses” means exempt from the provisions of this chapter, and includes:
1. Public or private street uses or closures related to construction activity or right-of-way improvements or maintenance, as authorized by the public works department;
2. Long-term uses of the public right-of-way between the curb and property line approved by permit issued by the development services department, such as, but not limited to, sidewalk restaurants; and
3. Short-term or long-term uses of the public right-of-way as approved by the development services department to support activities occurring primarily on adjacent private property, such as, but not limited to, furniture moving and building repairs.
G. “Parade” means any march or procession consisting of people, animals, vehicles or combinations thereof, except funeral processions, upon any public street, sidewalk or alley, which affects the ordinary use of said public right(s)-of-way.
H. “Parks and recreation director” means the director of parks and recreation of the city or his/her designee.
I. “Permit” means a parade, or a special event permit issued pursuant to this chapter.
J. “Private event” means an event which uses the 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.
K. “Procedure” means a procedure adopted by the city administrative staff to implement this chapter, or to carry out other responsibilities as may be required by this chapter or by other codes, ordinances or resolutions of the city or other agencies.
L. “Risk manager” means the individual designated by the city manager to act as risk manager for the city.
M. “Special event” means any activity of a temporary nature which affects the ordinary use of public rights-of-way, public parking lots, public parks, intersections, sidewalks or streets for a short duration of time, 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, dances, sales in commercial zones, auctions, bikeathons, shows or exhibitions, filming/movie events, carnivals, circuses, fun runs, fairs and block parties.
N. “Sponsor” means the person or group responsible for the special event to be held.
O. “Traffic engineer” means the public works director of the city or his/her designee. (Ord. 95-8 § 1(part), 1995).
10.27.050 Permits required.
It is unlawful for any person to conduct a parade upon any public street, sidewalk or alley, or to hold a special event, as defined herein, or to knowingly participate in any such parade or special event, with the exception of exempt closures or uses as defined herein, unless a permit has been granted as provided in this chapter. (Ord. 95-8 § 1(part), 1995).
10.27.060 Offenses.
A. It is unlawful for any person to knowingly join or participate in any parade or special event conducted in violation of any term of any permit granted by this chapter.
B. It is unlawful for any person to intentionally obstruct or interfere with the orderly progress or conduct of a parade or special event conducted by virtue of a permit issued pursuant to this section. (Ord. 95-8 § 1(part), 1995).
10.27.070 Infraction.
Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter shall be guilty of an infraction and shall be punished by a fine of not more than five hundred dollars. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any of the mandatory requirements of this chapter is committed, continued or permitted by any such person, and such person shall be punished accordingly. (Ord. 95-8 § 1(part), 1995).
10.27.080 Permit application and fee.
Applications for a special-event permit shall be made in writing to the parks and recreation department at least forty-five calendar days in advance of the date of such parade or special event, accompanied by the required nonrefundable application fee; provided, however, that the parks and recreation director, in his/her discretion, may reduce or waive such time limitation for any unexpected occasion or situation. The fee for special events, excepting block parties, shall be fifty dollars per occasion. The fee for block parties shall be twenty dollars per occasion; provided, that block parties sponsored by an organized block watch committee which is recognized by the chief of police shall be exempt from the permit application fee, insurance requirements and hold harmless provisions, and shall be entitled to use city-owned barricades, if available.
Application for the permit shall be made in writing on a form approved by the parks and recreation director. The applicant shall further comply with the following:
A. No later than fourteen calendar days before the event, the applicant shall file with the parks and recreation director the following items:
1. Evidence of liability insurance coverage, for review by the city risk manager, with the city of Walla Walla, its officers, employees and agents named as additional insured parties and affording death, personal injury and property damage liability coverage in an amount not less than one million dollars. Additional endorsements for host liquor liability and/or products liability may be required, in the event food, beverages and/or alcoholic beverages are to be dispensed;
2. A statement signed by the applicant that the sponsor shall defend, indemnify and otherwise hold harmless the city of Walla Walla, its officers, employees and agents from any and all claims or liability arising from the city’s grant of permission for, or the actual conduct of, the parade or special event; and
3. For a special event involving registered participation of persons involving physical effort, an agreement that each participant, as a condition of participation, will be required to waive any and all liability against the city of Walla Walla, its officers, agents and employees arising from the event, which agreement shall be in language approved by the city attorney.
B. If alcoholic beverages are to be dispensed, evidence of a permit issued by the state liquor control board shall be presented to the city.
C. For those special events where an admission fee is charged to the general public, the applicant shall pay the cost of services which the city of Walla Walla is required to perform in connection with the special event. In addition, the fee for large private events on public property (including but not limited to circuses and carnivals) shall be negotiated between the applicant and the city.
D. When application is made for a block party involving closure of a street, the applicant shall submit a document stipulating the proposed use, area and time period approved in writing by a majority of all residences in the block proposed for closure.
E. The applicant may be required to send a letter, with a copy to the city, to affected area businesses/residents (to be determined on a case by case basis by the parks and recreation director) notifying them that a permit has been issued for the event (including date(s), time(s) and location/route), such notice to take place a minimum of fifteen days prior to the event.
F. The applicant shall provide such other information as the parks and recreation director, in consultation with the chief of police and traffic engineer, may deem necessary to provide for the processing of the permit and public safety. (Ord. 95-8 § 1(part), 1995).
10.27.090 Standards for issuance, denial or revocation of permit.
A. Standards for Issuance of Permit. Subject to the provisions of subsections B and C of this section, the parks and recreation director shall issue a special event permit, to any applicant who complies with the requirements of Section 10.27.080 of this chapter, the issuance of which permit shall be conditioned upon the applicant’s written agreement to comply with the terms of the permit and all other applicable laws.
The permit may include, among other provisions, reasonable terms or conditions as to the time, place and manner of the event; compliance with health and sanitary regulations, emergency services, and security. Additional permits may be required to meet the conditions established by the permit, and/or other city codes.
In order to accommodate other concurrent events, the rights of abutting owners and the needs of the public to use streets or parks, the conditions may include, but not be limited to, reasonable adjustments in the date, time, route or location of the proposed event; accommodations of pedestrian or vehicular traffic using the street; and limitations on the duration of the event.
The city manager retains the right to refer to the city council for final consideration and approval, or denial based on the standards set forth in subsection D below, the issuance of any permit for a unique or significant parade or special event. The chief of police and the traffic engineer are authorized to close streets, alleys and sidewalks as are reasonably necessary to accomplish the purpose of a special event but which would not endanger or unreasonably inconvenience the public.
B. Variances. Pursuant to a proper application being made for a special event permit, the parks and recreation director may authorize the issuance of a permit which varies from the terms of the application pertaining to the time, place, line of march, duration, manner of using streets, alleys and sidewalks, and assembly and disassembly, all as the parks and recreation director, in consultation with the chief of police and traffic engineer may deem necessary because of traffic conditions, the physical condition of the proposed route of the parade or event site, or the prior issuance of a permit for a special event which may conflict with that for which application is made.
C. Waiver or Reduction of Required Insurance Limits. The city risk manager may waive or reduce the insurance requirements in Section 10.27.080(A) under the following conditions:
1. The applicant or an officer of the sponsoring nonprofit organization charging no admission fee for the event, signs a sworn statement that the event could not take place unless such insurance coverage was waived or reduced. The city may require that the statement include the name and address of an insurance agent or other source of insurance coverage contacted to determine insurance premium rates for insurance coverage; or
2. The applicant or an officer of the sponsoring nonprofit organization charging no admission fee for the event signs a sworn statement that insurance coverage and the limits required is impossible to obtain. The statement shall include the name and address of an insurance agent or other source of insurance coverage contacted.
D. Standards for Denial. The parks and recreation director shall deny an application for a special event permit if:
1. Any applicant fails or refuses to comply with any provisions of this section or refuses to agree, to abide, or comply with all of the terms and conditions of the permit; or
2. The information in the application is found to be false or nonexistent in any material detail; or
3. The chief of police or traffic engineer finds that the special event will more probably than not unreasonably interfere with vehicle or pedestrian traffic flow; or
4. The chief of police or traffic engineer finds that the parade will more probably than not create an unmitigatable danger to vehicular or pedestrian traffic; or
5. The special event will cause unreconcilable interference with previously approved and/or scheduled construction, maintenance or other activities; or
6. The event would seriously inconvenience the general public’s use of public property, services or facilities; or
7. There is not sufficient public safety personnel or other necessary city staff to accommodate the event so that it may occur in a reasonably safe manner; or
8. The event would endanger public safety or health; or
9. The event would be likely to cause significant damage to public property or facility; or
10. The event would engage in or encourage participants to engage in illegal acts.
E. Standard for Summary Revocation. The chief of police may summarily revoke a permit if, during the event, action on the part of the event participants or spectators results in a disturbance or behavior which presents a clear and present danger to the public health, safety or welfare. In such instance, the event may be immediately halted by the chief of police, and the chief of police shall take such further steps as are necessary in his/her discretion to ensure the safety of the event participants and spectators alike. (Ord. 95-8 § 1(part), 1995).
10.27.100 Notice of granting or denial.
Within seven calendar days after an application has been made for a special event permit, the parks and recreation director shall notify the applicant in writing by mail, or by personal delivery, of the granting of the permit and of any terms of the permit which may vary from the request of the application, or of the denial of such permit and the reasons therefor. The notification given pursuant to this section shall include a statement of the applicant’s right of appeal and an explanation of the appeal procedure provided by this section and Section 10.27.110 of this chapter. (Ord. 95-8 § 1(part), 1995).
10.27.110 Appeal procedure.
Upon denial of a special event permit application or upon the issuance of a permit which varies in its terms from the application, the applicant may appeal that action to the city manager or his designee by filing with the city manager a written notice of appeal within seven calendar days after personal delivery or mailing of the notice by the parks and recreation director as provided in Section 10.27.100 of this chapter. The notice of appeal shall contain the name and address of the applicant, together with a short written statement of the grounds for appeal.
The city manager or his/her designee shall conduct a hearing and, based upon the standards contained in Section 10.27.090 of this chapter, may reverse, affirm or modify the action from which the appeal was taken. Such hearing shall be held not later than seven calendar days prior to the date requested for the special event. Notice of the date, time and place of such hearing in which the appeal will be heard shall be given in writing by personal delivery or certified mail with return receipt requested to the applicant not less than seven calendar days prior to the time of that hearing. In the event the parks and recreation director lessens or waives the forty-five-calendar-day period mentioned in Section 10.27.080 of this chapter, notices and hearings provided in this section shall be given as quickly as possible in the discretion of the parks and recreation director, but in no event shall a notice of a hearing be less than twenty-four hours.
Upon denial of a special event permit application by the city manager, the applicant may appeal that action to the city council by filing with the city clerk a written notice of appeal within seven calendar days after personal delivery or mailing of the notice by the city manager. The notice of appeal shall contain the name and address of the applicant, together with a short written statement of the grounds for appeal. The city council shall conduct a hearing, and based upon the standards contained in Section 10.27.090 of this chapter, may reverse, affirm or modify the action from which the appeal was taken. Such hearing shall be held at the next regular city council meeting, provided that such notice of appeal is received by the city no later than seven calendar days preceding such city council meeting. (Ord. 95-8 § 1(part), 1995).
10.27.120 Modification or revocation of permit – Emergency.
Any permit for a special event issued pursuant to this section may be summarily revoked, or the terms thereof modified, by the parks and recreation director at any time when by reason of disaster, public calamity, riot or other emergency, the chief of police or traffic engineer determines that the safety of the general public or special event participants require such modification or revocation. Prompt notice of such action modifying or revoking a permit shall be delivered in writing to the permittee by personal service or by certified mail with return receipt requested. (Ord. 95-8 § 1(part), 1995).
10.27.130 Reimbursement of activity costs.
Upon completion of a special event covered by Section 10.27.080(C), the parks and recreation director shall send to all affected city of Walla Walla divisions a form on which each such division shall report the cost of the activity or function which that division was required to perform in connection with special event. These costs shall be compiled and a statement of account mailed to the applicant, payable within thirty calendar days. (Ord. 95-8 § 1(part), 1995).
10.27.140 Hold harmless.
As a condition to the issuance of any permit under this chapter, the applicant shall agree to defend, indemnify and hold harmless the city of Walla Walla, its officers, employees and agents, for any and all suits, claims or liabilities caused by, or arising out of any use authorized by any such permit. (Ord. 95-8 § 1(part), 1995).
10.27.150 Adoption of procedures.
The city may prepare and adopt procedures for the purpose of implementing this chapter or to carry out other responsibilities as may be required by this chapter or other codes, ordinances of the city or other agencies. Such procedures do not require approval by the city council. (Ord. 95-8 § 1(part), 1995).
10.27.160 Liability.
The city and employees charged with enforcement and administration of this chapter, acting for the city 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 omission in the discharge of such duties. (Ord. 95-8 § 1(part), 1995).