Chapter 8.64
PARADES AND OTHER STREET USES
Sections:
8.64.020 Parade, run, motorcade, neighborhood event/barbecue and street dance permits required.
8.64.040 Interference with parade, run, motorcade, neighborhood event/barbecue or street dance.
8.64.050 Interfering with or obstructing a parade or run prohibited.
8.64.060 Permit application fee.
8.64.070 Application for permit.
8.64.080 Issuance or denial of permit.
8.64.095 Notification required.
8.64.100 Indemnity – Performance bond.
8.64.130 Officials to be notified.
8.64.140 Revocation of permit.
8.64.010 Definitions.
(1) “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, sidewalk or alley which does not comply with normal and usual traffic regulations or controls.
(2) “Motorcade” means an organized procession containing 10 or more vehicles, except funeral processions, upon a public street, sidewalk or alley.
(3) “Run” means an organized procession to contend in a race consisting of people, bicycles, wheelchairs, or combinations thereof containing 10 or more persons upon a public street, sidewalk or alley.
(4) “Street dance” means any dance of three or more couples on any public street, public alley, public sidewalk or publicly owned parking lot.
(5) “Mayor” shall mean the mayor of the city of Wenatchee or the mayor’s designee.
(6) “Neighborhood event/barbecue” shall mean a gathering for the neighborhood to socialize when suitable park, land or off-street space is not reasonably accessible. (Ord. 2001-06 § 1)
8.64.020 Parade, run, motorcade, neighborhood event/barbecue and street dance permits required.
No person shall conduct a parade, run, motorcade, neighborhood event/barbecue or street dance in or upon any public street, sidewalk or alley in the city of Wenatchee, or knowingly participate in any such parade, run, neighborhood event/barbecue, street dance, or motorcade unless or until a permit to conduct such event has been obtained from the mayor of the city of Wenatchee, or as hereinafter provided, from the city council of the city of Wenatchee. (Ord. 2001-06 § 2)
8.64.030 Parade, run, motorcade, neighborhood event/barbecue or street dance for commercial purpose prohibited.
No permit shall be issued authorizing the conduct of a parade, run, motorcade, neighborhood event/barbecue or street dance which the mayor of the city of Wenatchee finds is proposed to be held for the sole purpose of advertising any product, goods, wares, merchandise or event, and is designed to be held purely for private profit, excepting, however, political parades. (Ord. 2001-06 § 3)
8.64.040 Interference with parade, run, motorcade, neighborhood event/barbecue or street dance.
No person shall knowingly join or participate in any parade, run, neighborhood event/barbecue, street dance or motorcade conducted under permit from the mayor of the city of Wenatchee in violation of any of the terms of said permit, nor knowingly join or participate in any permitted event without the consent or over the objections of the permittee, nor in any manner interfere with its progress or orderly conduct. (Ord. 2001-06 § 4)
8.64.050 Interfering with or obstructing a parade or run prohibited.
All persons, except those participating in parades or runs, shall keep off streets temporarily closed for parades or runs, and it is unlawful for any person to leave any vehicle upon any street, knowing that the same has been cleared for parade or run purposes. It shall be unlawful for any pedestrian, equestrian or other operator of any vehicle to pass through or drive between the vehicles, units or floats comprising a parade or motorcade, authorized by this section; provided, that this shall not prohibit the operation of emergency vehicles or prevent the passage of such vehicles or persons at intersections where traffic is controlled by police officers of the city of Wenatchee. (Ord. 2001-06 § 5)
8.64.060 Permit application fee.
(1) A fee of $50.00 shall be submitted with the parade, run, motorcade, or street dance application for permit.
(2) A fee of $15.00 shall be submitted with the neighborhood event/barbeque application for permit.
(3) In addition to the application fee submitted at the time of application, a condition of issuance of the permit shall be that the applicant pay to the city the actual costs that are incurred by the city related to the event including, but not limited to, traffic control, additional security provided by the police department, and set up and take down time for off hours crews on overtime. The city will provide an estimate of costs in advance and then bill actual costs upon completion of the event. Payment shall be due within 30 days of invoice, with any unpaid balance thereafter subject to interest at the rate of 12 percent per annum.
(4) At the discretion of the mayor, the application fee may be waived if the community benefit of the event outweighs the burden to the city. (Ord. 2018-08 § 1; Ord. 2008-08 § 1; Ord. 2001-06 § 6)
8.64.070 Application for permit.
Any person who wants to conduct a parade, run, motorcade, neighborhood event/barbecue, or street dance shall apply to the mayor of the city of Wenatchee for a permit, at least 60 days in advance of the date of the proposed event. The mayor of the city of Wenatchee may, in his discretion, consider any application for a permit to conduct a parade, run, motorcade, neighborhood event/barbecue, or street dance which is filed less than 60 days prior to the date such parade, run, motorcade, neighborhood event/barbecue, or street dance is to be conducted; provided, that said time limit shall be waived by the mayor only in the event of an unexpected occasion or in the case of a parade of visitors arriving in the city within less than the 60-day time period prescribed herein. The application for such permit shall be made in writing on a form approved by the mayor of the city of Wenatchee. In order that adequate arrangements may be made for the proper protection of the parade, run, motorcade, neighborhood event/barbecue, or street dance and the public, the application shall contain the following information:
(1) The name of the applicant; the sponsoring organization; the parade, run, motorcade, neighborhood event/barbecue or street dance chairman and the address and telephone numbers of each.
(2) The purpose of the parade, run, motorcade, neighborhood event/barbecue or street dance; the date when it is proposed to be conducted; the location of the assembly area; the number of participants; the location of the disbanding area; the proposed route to be traveled and the approximate time that the parade, run, neighborhood event/barbecue or motorcade will assemble, start and terminate.
(3) A description of the individual floats, marching units, vehicles and bands, including a description of any sound amplification equipment to be used.
(4) A traffic/pedestrian control plan and security plan which safeguards the participants of the event as well as the general public, whether or not alcohol will be served at the event.
(5) Such other information as the mayor of the city of Wenatchee may deem reasonably necessary. (Ord. 2018-08 § 1; Ord. 2001-06 § 7)
8.64.080 Issuance or denial of permit.
(1) Standards for Issuance. The mayor of the city of Wenatchee shall issue a parade, run, neighborhood event/barbecue, motorcade or street dance permit conditioned upon the applicant’s written agreement to comply with the terms of such permit, unless the mayor finds that:
(a) The time, route and size of the event will unreasonably disrupt the movement of other traffic within the city of Wenatchee.
(b) The event is of a size or nature that requires the diversion of so great a number of police officers of the city to properly police the line of movement and areas contiguous thereto that allowing the event would unreasonably deny police protection to the remainder of the city of Wenatchee, or requires the diversion of public works employees or other city employees to such an extent that basic city services would be placed in jeopardy.
(c) Such event will interfere with another event for which a permit has previously been issued or requested.
(d) The purpose of such event or assembly is to incite to violence or crime, or the overthrow of the government by force.
(e) Failure to remit, by the applicant or person conducting or sponsoring the same, all customary and reasonable fees, charges, deposits, insurance or bonds, if any, required by the city of Wenatchee or any department thereof for the use of the public places where it is proposed to conduct or to hold such parade, run, motorcade, neighborhood event/barbecue or street dance.
(f) For a neighborhood event/barbecue or street dance the application is for closure of a major arterial.
(2) Standards for Denial. The mayor of the city of Wenatchee shall deny an application for a parade, run, neighborhood event/barbecue, motorcade or street dance permit and notify the applicant of such denial where:
(a) The mayor makes any finding contrary to the findings required to be made for the issuance of a permit as set forth in subsection (1) of this section.
(b) The information contained in the application is found to be false or nonexistent to any material degree.
(c) The applicant refuses to agree to abide by or comply with all conditions of their permit.
(d) It is found that the purpose of the parade, run, motorcade, neighborhood event/barbecue or street dance is principally devoted to the advertising of a commercial product or for a private commercial process.
(e) It is found that the event will provide a risk to the participants, public and/or property, including, but not limited to, inadequate security plans and inadequate control of alcohol. (Ord. 2018-08 § 1; Ord. 2001-06 § 8)
8.64.090 Contents of permit.
In each permit the mayor of the city of Wenatchee shall specify:
(1) The assembly area and time therefor;
(2) The starting time;
(3) The minimum and maximum speeds;
(4) The route of the parade, run, or motorcade;
(5) The portions of the street to be traversed and which may be occupied by such parade, run, neighborhood event/barbecue, motorcade or street dance;
(6) The maximum number of units and the maximum and minimum intervals of space to be maintained between the units of such parade, run, or motorcade;
(7) The maximum length of such parade, run, or motorcade in miles or fractions thereof;
(8) The disbanding area and disbanding time;
(9) The number of persons required to monitor the parade, run, or motorcade;
(10) The number and type of vehicles, if any;
(11) The material and maximum size of any sign, banner, placard or carrying device therefor;
(12) That the materials used in the construction of floats used in the parade shall be of fire-retardant materials and shall be subject to such requirements concerning fire safety as may be determined by the fire chief of the city of Wenatchee;
(13) That the permittee shall advise the participants in the parade, run, or motorcade if the terms and conditions of their permit prior to the commencement of such parade, run, or motorcade;
(14) That the parade, run, or motorcade continues to move at a fixed rate of speed, and that any willful delay or willful stopping of said parade, run, or motorcade, except when reasonably required for the safe and orderly conduct of the parade, run, or motorcade, shall constitute a violation of the permit;
(15) That the vehicles and floats used in the parade shall be subject to a safety inspection by the Wenatchee police department and such vehicles and floats may not participate in the parade or motorcade until they have successfully completed such inspection;
(16) A traffic/pedestrian control plan which has been approved by the Wenatchee police department and the department of public works;
(17) Such other requirements as are found by the mayor to be reasonably necessary for the protection of persons or property. (Ord. 2001-06 § 9)
8.64.095 Notification required.
The applicant shall provide at least 10 days advance notice, unless altered or waived in the permit, to the property owners, tenants and businesses in the impacted area of the event, and the business organization that is impacted by the event, for example the Wenatchee Valley Chamber of Commerce or the Wenatchee Downtown Association. Insufficient notification may result in either cancellation of the permit or a factor for nonrenewal in subsequent applications. (Ord. 2018-08 § 1)
8.64.100 Indemnity – Performance bond.
No permit shall be issued for a street dance, parade, run, neighborhood event or motorcade until the permittee shall file with the mayor of the city of Wenatchee a bond to pay for any costs reasonably anticipated to be incurred in removing debris, litter or papers from the street or other material deposited thereon as a result of said event; provided, that the mayor, in his discretion, may, in appropriate cases, make a specific finding that such a bond is not necessary at the time of the issuance of such permit and waive said bond. (Ord. 2001-06 § 10)
8.64.110 Insurance required.
The mayor of the city of Wenatchee shall not issue a permit authorizing a parade, run, motorcade, neighborhood event/barbecue or street dance in or upon any public street, sidewalk or alley in the city of Wenatchee involving the use of motor vehicles, horses, or other animals, other than dogs or cats, or the use of fireworks or other incendiary devices, unless the applicant obtains liability insurance in the amount of $1,000,000 per occurrence. A certificate of insurance shall be filed with the mayor and shall name the city of Wenatchee as an additional named insured. The mayor may, in his discretion, waive the insurance requirement and substitute therefor a hold harmless/indemnity agreement signed by all participants of a neighborhood event/ barbecue, if insurance is required pursuant to this section. (Ord. 2001-06 § 11)
8.64.120 Appeal procedure.
Upon a denial by the mayor of the city of Wenatchee of an application made pursuant to this chapter, the applicant may appeal from the determination of the mayor within five days thereafter to the city council of the city of Wenatchee by filing a written notice of appeal for hearing by the city council at its next meeting. Upon such appeal, the city council may reverse, affirm or modify in any regard the determination of the mayor.
In the event an application is not filed within the required time as specified in WCC 8.64.070, the applicant may request a waiver of such requirement from the mayor.
Should the mayor decline to waive the requirement, the applicant may approach the city council at its next regular meeting or special meeting to make an appeal. The city council, if it finds unusual circumstances and in the exercise of its sound discretion, may waive such requirement. (Ord. 2001-06 § 12)
8.64.130 Officials to be notified.
Immediately upon the granting of a permit for a parade, run, motorcade, neighborhood event/barbecue or street dance, the mayor of the city of Wenatchee shall send a copy thereof to the following:
(1) The fire chief;
(2) The chief of police;
(3) The director of public works. (Ord. 2001-06 § 13)
8.64.140 Revocation of permit.
Any permit for a parade, run, motorcade, neighborhood event/barbecue or street dance issued pursuant to this chapter may be summarily revoked by the mayor of the city of Wenatchee at any time when, by reason of disaster, public calamity, riot or other emergency, the mayor determines that the safety of the public or property requires such revocation. Notice of such action revoking a permit shall be delivered, in writing, to the permittee by personal service or certified mail at the address specified by the permittee in his application. (Ord. 2001-06 § 14)
8.64.150 Violation – Penalty.
(1) A violation of WCC 8.64.040 shall be a misdemeanor punishable by a fine up to $1,000 and/or 90 days in jail.
(2) All other violations of this chapter shall be a Class I civil infraction punishable by a civil penalty not to exceed $250.00, not including statutory assessments. (Ord. 2018-08 § 1; Ord. 2001-06 § 15)