Chapter 9.104
SPECIAL EVENTS
Sections:
9.104.080 Exemptions from permit fee.
9.104.100 Permit requirements.
9.104.120 Denial of application.
9.104.150 Revocation or suspension.
9.104.160 Penalty for violation.
9.104.010 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 event permit granted by the city manager or designated appointee. (Ord. 1874 § 1 (Exh. A), 2019; Ord. 1516 § 1, 2005)
9.104.020 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. (Ord. 1874 § 1 (Exh. A), 2019; Ord. 1516 § 1, 2005)
9.104.030 Definitions.
For the purpose of this chapter, words and phrases used herein are as follows:
(1) “Applicant” shall mean any person or organization who seeks a special event permit to conduct or sponsor an event governed by this chapter.
(2) “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.
(3) “Block party” shall mean a festive gathering on a private property or a street which may or may not require the closure of a street, or a portion thereof, to vehicular traffic, and/or use of the street for the festivity including barbecues, picnics, music or games.
(4) “Concert” shall mean any gathering for the purpose of listening or viewing a live or recorded performance by musical performers on private or public property which obstructs, delays, or interferes with the normal flow of pedestrian or vehicular traffic in any city park, or on any city street, sidewalk, alley, or other right-of-way.
(5) “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.
(6) “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.
(7) “Permittee” shall mean any person or organization who has been issued a special event permit by the city manager or appointed designee. The permittee shall have authority, subject to approval by the city, to determine participation in commercial activities during a special event.
(8) “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.
(9) “Special event” shall mean any athletic event, block party, concert, parade or such other event of like character and like impact on the city of Washougal.
(10) “Special event permit” shall mean the permit issued by the city manager or appointed designee after the applicant has met all applicable reviews and requirements set forth in this chapter. (Ord. 1874 § 1 (Exh. A), 2019; Ord. 1516 § 1, 2005)
9.104.040 Exemptions.
The provisions of this chapter shall not apply to:
(1) Funeral processions;
(2) Groups required by law to be so assembled;
(3) Pedestrian processions along a route that is restricted to sidewalks and crossing streets only at pedestrian crosswalks in accordance with traffic regulations and controls; and
(4) Activities and events deemed by the city manager or appointed designee to not require a special event permit. (Ord. 1874 § 1 (Exh. A), 2019; Ord. 1516 § 1, 2005)
9.104.050 Administration.
The city manager or designated appointee shall, after consultation with appropriate departments and agencies, have discretionary authority regarding special event permits. The city manager or designated appointee may approve, modify, or condition an application for a special event permit. (Ord. 1874 § 1 (Exh. A), 2019; Ord. 1516 § 1, 2005)
9.104.060 Permit required.
(1) 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 event permit.
(2) 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. (Ord. 1874 § 1 (Exh. A), 2019; Ord. 1516 § 1, 2005)
9.104.070 Permit fee.
The fee for issuance of a special event permit shall be set in the sum of $25.00 per event. (Ord. 1874 § 1 (Exh. A), 2019; Ord. 1516 § 1, 2005)
9.104.080 Exemptions from permit fee.
(1) No fee shall be imposed when prohibited 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. Political or religious activity intended primarily for the communication or expression of ideas shall be presumed to be a constitutionally protected event.
(2) No fee shall apply to a block party and fees may be waived for special events sponsored by nonprofit agencies and which further the goals and objectives of the city.
(3) No fee shall be imposed for events that are sponsored or co-sponsored by the city of Washougal. (Ord. 1874 § 1 (Exh. A), 2019; Ord. 1516 § 1, 2005)
9.104.090 Permit application.
(1) Any person wishing to sponsor a special event shall apply for a special event permit by filing an application with the city clerk at least 30 days prior to the date on which the event is to begin to occur or such lesser time as may be agreed to by the city manager or designated appointee.
(2) The city manager or designated appointee shall issue the special event permit once the application has been approved after review of appropriate agencies to include police, fire, public works, building and planning, and others as determined by the city manager or designated appointee, and the applicant has agreed in writing to comply with the terms and conditions of the permit.
(3) The city manager or designated appointee shall approve, conditionally approve, or deny an application based on the recommendations of city departments involved in the review process. (Ord. 1874 § 1 (Exh. A), 2019; Ord. 1516 § 1, 2005)
9.104.100 Permit requirements.
(1) Special event uses are to be temporary and approved for a particular zoning district by the planning/building director.
(2) Temporary signage and temporary structures will be allowed subject to provisions of this code pursuant to the interpretive authority and discretion of the planning/building director.
(3) Requests for temporary parking facilities for special events and street closures for special events shall be subject to provisions of this chapter pursuant to the interpretive authority and discretion.
(4) Requests for fire and emergency medical services shall be subject to the discretion of the city’s fire chief.
(5) Requests for police services shall be subject to provisions of this code at the discretion of the city’s police chief.
(6) Expenses for fire, police, medical services, parks, and public works crews needed for coverage and cleanup at the special event shall be prepaid and the responsibility of the permittee; provided, however, the city manager may waive some or all of such expenses where the fee is exempt pursuant to WMC 9.104.080(2). (Ord. 1901 § 1 (Exh. A), 2020; Ord. 1874 § 1 (Exh. A), 2019; Ord. 1516 § 1, 2005)
9.104.110 Permit conditions.
The city manager or designated appointee may condition the issuance of a special event 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. (Ord. 1874 § 1 (Exh. A), 2019; Ord. 1516 § 1, 2005)
9.104.120 Denial of application.
A special event permit may be denied based upon a determination that:
(1) The event would seriously endanger public safety;
(2) The event would seriously inconvenience the general public;
(3) The event would unreasonably infringe upon the rights of abutting properties;
(4) The event would conflict with another proximate event or interfere with construction or maintenance work in the immediate vicinity;
(5) There is not sufficient safety personnel or other necessary city staff to accommodate the event;
(6) The applicant failed to complete the application form after being notified of the additional information or documents required;
(7) Information contained in the application of supplemental information requested from the applicant is found to be false in any material detail;
(8) 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;
(9) Other issues in the public interest were identified by the city manager or designated appointee;
(10) Failure to prepay expenses. (Ord. 1874 § 1 (Exh. A), 2019; Ord. 1516 § 1, 2005)
9.104.130 Indemnification.
(1) 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.
(2) 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.
(3) The city manager 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. 1874 § 1 (Exh. A), 2019; Ord. 1516 § 1, 2005)
9.104.140 Insurance required.
(1) As required by the city manager or designated appointee, 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 Washougal as an additional insured must be provided.
(2) 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 city manager. (Ord. 1874 § 1 (Exh. A), 2019; Ord. 1516 § 1, 2005)
9.104.150 Revocation or suspension.
(1) A special event 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 city manager or designated appointee if:
(a) 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 the check submitted by the applicant in payment of the fee for a permit has been dishonored;
(b) The applicant requests the cancellation of the permit or cancels the event;
(c) The activity endangers or threatens persons or property, or otherwise jeopardizes the health, safety or welfare of persons or property;
(d) The activity conducted is in violation of any of the terms or conditions of the special event permit;
(e) An emergency or supervening occurrence requires the cancellation or termination of the event in order to protect the public health or safety;
(f) The applicant fails to prepay expenses.
(2) 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. 1874 § 1 (Exh. A), 2019; Ord. 1516 § 1, 2005)
9.104.160 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. 1874 § 1 (Exh. A), 2019; Ord. 1516 § 1, 2005)
9.104.170 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. 1874 § 1 (Exh. A), 2019; Ord. 1516 § 1, 2005)