Chapter 4.04
SPECIAL EVENTS
Sections:
4.04.050 Expiration – Transferability – Restrictions.
4.04.060 Solicitations or sales.
4.04.070 Fee and bond requirements.
4.04.080 Appeal to license review board.
4.04.010 Purpose.
The purpose of this title is to regulate special events so that the use of public streets, rights-of-way, parks, and resources during such events can occur with the safety and health of the participants in mind, the protection of public property considered, and the impact on nonparticipating citizens minimized. (Ord. 14-775 § 1, 2014)
4.04.020 Definitions.
As used in this chapter:
A. “Special event” means an event including but not limited to a parade, demonstration, display, entertainment, special promotion, advertising event, festival, show, fair, celebration, performance, gathering, athletic event, video or film production, or other events of a general public interest but excluding residential block parties covered by existing city policies for such events.
B. “Person” means an individual, corporation, partnership, association and/or any other recognized legal entity. (Ord. 14-775 § 1, 2014)
4.04.030 Permit required.
A. It is unlawful for any person to promote, advertise or hold a special event upon any city street, park, or public area of the city without first obtaining a special event permit as required in this chapter.
B. Other Permits. The permit for a special event shall be in addition to any other permit required by any other governmental agency, state law or local ordinance. (Ord. 14-775 § 1, 2014)
4.04.040 Permit application.
A. Application. The application for a permit to conduct a special event shall be made to the city clerk/treasurer, in writing on a form provided by City Hall, by the person or persons in charge of or responsible therefor. Such application shall set forth the following information:
1. The name, address, telephone number and email address of the person requesting the permit.
2. The name and address of the organization or group sponsoring the special event. If the group or organization is a nonprofit, a copy of the organization’s articles of incorporation, partnership agreement, charter, or other organizing documents shall be attached to the application.
3. The name, address, telephone number and email address of the person who will act as chairman of the special event and be responsible for the conduct thereof.
4. The purpose of the event and the estimated number of persons to attend.
5. The date the event is to be conducted and the hours it will commence and terminate each day.
6. The specific assembly and disbursal locations and the specific route plans to be used, if applicable.
7. Proposed location, including a plat or map of the proposed area to be used, including any barricade, street route plans or perimeter/security fencing.
8. Such other information as the city may deem reasonably necessary.
9. A certification that the statements in the application are true, accurate and complete.
B. Time of Application. No approval shall be issued for a special event unless application is made not less than 30 days in advance of the date on which such special event is sought to be held. In special instances, applications may be accepted with less notice, but at the discretion of the city clerk/treasurer.
C. Considerations for Issuance or Denial. Upon receipt of a permit application, the city clerk/treasurer shall refer such application to the special events committee to make an investigation of and report with recommendations concerning all phases of the proposed event. If the special events committee finds that the special event is to be held for any lawful purpose and will not in any manner act so as to breach the public peace or unnecessarily interfere with the public use of the streets, sidewalks, parks and public areas, the special events committee shall grant the approval or approval with conditions. Denial of approval shall be in writing, setting the reasons for such denial. In approving any such activity, the special events committee shall give consideration to:
1. The public interest and welfare;
2. Possible interference with legitimate uses of land and buildings;
3. Possible excessive noise;
4. Unusual litter;
5. Damage to city property;
6. Financial responsibility;
7. Consumer protection;
8. Environmental concerns; and
9. All other pertinent factors. (Ord. 14-775 § 1, 2014)
4.04.050 Expiration – Transferability – Restrictions.
A. Expiration of Permit. Such permit shall be issued for a period to be established by the city. Permits issued hereunder are not renewable.
B. Transferability. A permit issued under the authority of this chapter shall be nontransferable and nonassignable.
C. Restrictions. The permit evidencing approval under this chapter may include certain reasonable time, place, and manner restrictions as a condition to granting such permit if such restrictions are reasonable and necessary for the protection of the public health, safety and welfare. (Ord. 14-775 § 1, 2014)
4.04.060 Solicitations or sales.
No solicitations or sales shall be made or permitted in the designated special event area during an approved special event, unless an additional permit fee, if required, is paid to the organization sponsoring the special event. In no event, however, shall such fee be greater than the fee charged other participants of a like class. (Ord. 14-775 § 1, 2014)
4.04.070 Fee and bond requirements.
All fees which shall be charged by the city clerk/treasurer for the permit required by AMC 4.04.030 shall be prescribed in the schedule provided for in Chapters 5.04 through 5.16 AMC. (Ord. 14-775 § 1, 2014)
4.04.080 Appeal to license review board.
Any person aggrieved by the decision rendered by the special events committee in granting or denying an application for a permit under this chapter may appeal the decision to the city council. The appeal shall be made by filing a written notice thereof with the city clerk/treasurer setting forth the grounds for the appeal not later than 10 days after receiving notice of the decision of the city clerk/treasurer. The city council may grant relief if the applicant presents clear and convincing evidence that there was an error in the decision of the city clerk/treasurer. (Ord. 14-775 § 1, 2014)
4.04.090 Severability.
Should any section, clause, or paragraph of this chapter be declared by a court of competent jurisdiction to be invalid, the same will not affect the validity of the chapter as a whole or part thereof other than the part declared to be invalid. (Ord. 14-775 § 1, 2014)
4.04.100 Penalty.
Anyone violating this chapter shall be prosecuted, and if found guilty shall pay a civil penalty of $250.00 for the first offense and $500.00 for the second and subsequent offenses. Any person may voluntarily sign a waiver and pay the fine directly to the city clerk/treasurer.
The city may apply to superior court to enjoin the holding of the public festival if due application for a permit has not been made, or if it appears reasonably probable that the conditions imposed by the permit will not be complied with. (Ord. 14-775 § 1, 2014)