Chapter 12.20
SPECIAL EVENTS
Sections:
12.20.010 Definitions.
12.20.020 Permit – Required.
12.20.030 Use of public right-of-way and special events.
12.20.040 Approval.
12.20.050 Fees.
12.20.060 Departmental analysis.
12.20.070 Insurance required.
12.20.080 Denial of permit.
12.20.090 Appeal.
12.20.100 Sanitation.
12.20.010 Definitions.
"Special events" include any event which is to be conducted on public property or on a public right-of-way; and, also, any event held on private property which would have a direct significant impact on traffic congestion; or traffic flow to and from the event over public streets or rights-of-way; or which would significantly impact the need for town-provided emergency services such as police, fire or medical aid. Any event on private property which involves an open invitation to the public to attend or events where the attendance is by private invitation of 100 or more people are each presumed to be an event that will have a direct significant impact on the public streets, rights-of-way or emergency services. Special events might include, but not be limited to, fun runs, roadway foot races, fund raising walks, auctions, bikeathons, parades, carnivals, shows or exhibitions, filming/movie events, circuses, block parties, markets, sporting events and fairs. (Ord. 405 § 1, 1999)
12.20.020 Permit – Required.
(1) No person or organization shall conduct a special event that affects the customary and ordinary use of public streets, rights-of-way, sidewalks and publicly owned property, i.e., parks, without first having obtained a right-of-way use permit from the town of Cathlamet.
(2) No person or entity shall perform construction, surveying, geological or any other labor, or park or store equipment or goods in such a way as to affect the customary and ordinary use of public streets, rights-of-way, sidewalks and publicly owned property, i.e., parks, without first having obtained a right-of-way use permit from the town of Cathlamet.
(3) A right-of-way use permit is not required for the following:
(a) Parades, athletic events or other special events that occur exclusively on town property and are sponsored or conducted in full by the town of Cathlamet. An internal review process will be conducted for these events;
(b) Funerals and weddings;
(c) Groups required by law to be so assembled;
(d) Gatherings of 30 or fewer people in a town park, unless merchandise or services are offered for sale or trade;
(e) Temporary sales conducted by businesses, such as holiday sales, grand opening sales, or anniversary sales;
(f) Garage sales, swap meets, farmer’s markets and rummage sales;
(g) Other similar events and activities which do not directly affect or use town services or property;
(h) The annual Bald Eagle Fest and the annual Wooden Boat Show. (Ord. 416 §§ 2, 3, 4, 2000; Ord. 405 § 2, 1999)
12.20.030 Use of public right-of-way and special events.
(1) An application for a right-of-way use permit can be obtained at the office of the town clerk and will be completed and submitted to the town clerk no later than 30 days prior to the proposed event, labor, or parking or storage of equipment or goods. A completed application does not constitute approval of the permit. A shorter time period may be allowed upon a showing of good cause.
(2) A waiver of application deadline shall be granted upon a showing of good cause or at the discretion of the mayor. The mayor shall consider an application that is filed after the filing deadline if there is sufficient time to process and investigate the application and obtain police and other town services for the event. Good cause can be demonstrated by the applicant showing that the circumstances that gave rise to the permit application did not reasonably allow the participants to file within the time prescribed, and that the event is for the purpose of exercising the right of free speech.
(3) The following information shall be provided on the right-of-way use permit application: purpose for which the permit is requested, name, address and telephone number of the sponsoring organization and/or individual(s), proposed effective date or dates of permit, location and hours of operation, schedule of events, estimated attendance, special facility requirements, town assistance required, and other information as the town deems reasonably necessary to determine that the permit meets the requirements of this chapter. (Ord. 416 §§ 1, 5, 6, 2000; Ord. 405 § 3, 1999)
12.20.040 Approval.
Based on the type of event and the event to which town services will be required, approval of the right-of-way use permit applications will be made by the following authorities:
(1) Approval by Town Staff. Administrative approval for one-day events contained on a single site that could involve special parking arrangements and hiring of police officers for crowd control and traffic control. Town staff shall include a representative from the police, planning, public works, parks and recreation and town clerk departments;
(2) Approval by Town Council. Multiple-day events (four days maximum) or any event involving street closures or impacts to services town-wide. Events lasting more than four days shall be subject to submittal of additional information as required by town staff;
(3) The town council will be notified of all right-of-way use permit approvals made by the town staff;
(4) If permits and/or coordination is required from other agencies, i.e., Community Transit, Department of Transportation, etc., these must be submitted prior to the issuance of the permit. (Ord. 416 § 7, 2000; Ord. 405 § 4, 1999)
12.20.050 Fees.
There will be a $25.00 nonrefundable application fee for a right-of-way use permit. (Ord. 416 § 8, 2000; Ord. 405 § 5, 1999)
12.20.060 Departmental analysis.
(1) The town clerk will send copies of right-of-way use permit applications to all pertinent town departments for review and determination of services required.
(2) Cost of town services, i.e., police, public works employees, etc., for special events will be estimated prior to the event. Additional costs incurred will be evaluated following the completion of the event. The town may in its discretion require a cash deposit for such costs. (Ord. 416 § 9, 2000; Ord. 405 § 6, 1999)
12.20.070 Insurance required.
The applicant is required to obtain and present evidence of comprehensive liability insurance naming the town of Cathlamet as an additional insured for use of streets, public rights-of-way and publicly owned property such as parks. The insurance requirement is a minimum of $1,000,000 for individual incidents, $2,000,000 aggregate, per event, against all claims arising from permits issued pursuant to this chapter. A certificate of insurance shall be required naming the town as an additional insured and indemnifying the town, its officers, employees and agents from all causes of action, claims or liabilities occurring in connection with the permitted event. In circumstances posing an unusual risk of liability the town may, in its discretion, increase the minimum insurance requirements. (Ord. 405 § 7, 1999)
12.20.080 Denial of permit.
Reasons for denial of a right-of-way use permit include, but are not limited to:
(1) The event will disrupt traffic within the town of Cathlamet beyond practical solution;
(2) The event will protrude into the public space open to vehicle or pedestrian travel in such a manner as to create a likelihood of endangering the public;
(3) The event will interfere with access to emergency services;
(4) The location or time of the special event will cause undue hardship or excessive noise levels to adjacent businesses or residents;
(5) The event will require the diversion of so many town employees that it would unreasonably affect other town services;
(6) The application contains incomplete or false information;
(7) The applicant fails to provide proof of insurance;
(8) The applicant fails to obtain a town business license and/or fails to pay the right-of-way use permit;
(9) The applicant does not meet current zoning requirements;
(10) The applicant fails to obtain local, county, state and federal permits as required;
(11) Another permit is pending and the granting of both would cut off a convenient detour or otherwise cause congestion such that the combined effects of both will cause unwarranted hindrance to the public right-of-way. (Ord. 416 § 10, 2000; Ord. 405 § 8, 1999)
12.20.090 Appeal.
The applicant has the right to appeal any denial of a right-of-way use permit to the town council. (Ord. 416 § 11, 2000; Ord. 405 § 9, 1999)
12.20.100 Sanitation.
(1) A right-of-way use permit may be issued only after adequate waste disposal facilities have been identified and obtained by the applicant. The permittee is required to clean all permitted public and private properties and the right-of-way of rubbish and debris, returning it to its pre-event condition.
(2) If the permittee fails to clean up such refuse, the cleanup will be arranged by the town and the costs charged to the permittee. (Ord. 416 § 12, 2000; Ord. 405 § 10, 1999)