Chapter 12.28
SPECIAL EVENT PERMIT
Sections:
12.28.010 Definitions.
12.28.020 Permits required.
12.28.030 Exemptions from permit requirements.
12.28.040 Applications.
12.28.050 Permit conditions.
12.28.060 Permit issuance.
12.28.070 Indemnification agreement.
12.28.080 Insurance requirements.
12.28.090 Duties of permittee/sponsor of event.
12.28.100 Violation – Penalty.
12.28.010 Definitions.
A. “Applicant” shall mean any person or organization who seeks a special event permit from the City of Ferndale to conduct or sponsor an event governed by this section. An applicant must be 18 years of age or older.
B. “Special event” shall mean any parade, fair, show, festival, carnival, rally, party, filming of movie, video or television show, motorcade, run, street dance, bike-a-thon, race, walk, athletic event or other attended entertainment or celebration that is to be held in whole or in part upon publicly owned property and/or public rights-of-way, or if held wholly upon private property, but will nevertheless affect or impact the ordinary and normal use by the general public of public property or public rights-of-way within the vicinity of the event. “Special event” shall also mean any activity to be held in whole or in part upon publicly owned or controlled property and/or public rights-of-way where merchandise or services are offered for sale, whether by for-profit or nonprofit organizations. (Ord. 1006 § 1, 1993)
12.28.020 Permits required.
Any person or organization desiring to conduct or sponsor a special event in the City of Ferndale shall first obtain a special event permit. (Ord. 1006 § 1, 1993)
12.28.030 Exemptions from permit requirements.
A special event permit is not required for the following:
A. Funeral and wedding processions;
B. Parades involving a total of 30 or fewer pedestrians marching along a parade route that is restricted to marching on sidewalks, and crossing streets only at pedestrian crosswalks in accordance with traffic regulations and controls. Pedestrians participating in the parade shall cross crosswalks in units of 15 or less, and shall allow vehicles to pass between each unit;
C. Groups of students involved in exercising as part of an organized school sports turnout;
D. Special events sponsored in whole by the City of Ferndale;
E. Informal gatherings of 50 or fewer people in a City park, unless merchandise or services are offered for sale. (Ord. 1006 § 1, 1993)
12.28.040 Applications.
An applicant for a special event shall file application, on such form as the City may provide, at least 45 days prior to the date of the proposed event. (Ord. 1006 § 1, 1993)
12.28.050 Permit conditions.
The City Administrator may condition the issuance of a special events permit by imposing reasonable requirements concerning the time, place and manner of the event, and such requirements as are necessary to protect the safety of persons and property, and the control of traffic, provided such conditions shall not unreasonably restrict the right of free speech. Such restrictions may include but are not limited to:
A. Alteration of the date, time, route or location of the event proposed on the event application;
B. Elimination of an activity which cannot be mitigated to a point as to ensure public safety and welfare, or which causes undue liability to the City;
C. Conditions concerning the area of assembly and disbanding of a parade or other events occurring along a route;
D. Conditions concerning the accommodation of pedestrian or vehicular traffic, including restricting the event to only a portion of a street or right-of-way transversed;
E. Requirements for the use of traffic cones or barricades;
F. Requirements for the use of City personnel and equipment;
G. Requirements for the provision of first aid or sanitary facilities;
H. Requirements for the use of event monitors and providing notice of permit conditions to event participants;
I. Requirements to provide notice to surrounding property owners;
J. Restrictions on the number and type of vehicles, animals or structures at the event, and inspection and approval of floats, structures, and decorated vehicles for fire safety;
K. Compliance with animal protection ordinance and laws;
L. Requirements for the use of garbage containers, clean-up and restoration of City property;
M. Restrictions on the use of amplified sound;
N. Compliance with any relevant ordinance or law and obtaining any legally required permit or license;
O. Any other restriction or requirement deemed necessary to ensure public safety and well-being. (Ord. 1006 § 1, 1993)
12.28.060 Permit issuance.
The City Administrator shall issue the special events permit once the application has been approved, and the applicant has agreed in writing to comply with the terms and conditions of the permit, as well as the sections of this chapter dealing with indemnification, insurance, fees for City services, and clean-up deposits, when applicable. (Ord. 1006 § 1, 1993)
12.28.070 Indemnification agreement.
The special events permit application form shall include an indemnification agreement which the applicant shall sign as a condition for the issuance of the permit. (Ord. 1006 § 1, 1993)
12.28.080 Insurance requirements.
A. Liability Coverage Required. At the discretion of the City Administrator, the applicant/sponsor of an event may be required to obtain public liability insurance to protect against loss from liability imposed by law for damages on account of bodily injury and property damage arising from the event. If required, a certificate of insurance shall be filed 30 days prior to the event with the City Administrator, and shall name the City of Ferndale, its officials, employees and agents, as additional named insured. If required, insurance coverage must be maintained for the duration of the event.
B. Minimum Limits Defined. Coverage shall be a comprehensive general liability insurance policy. Minimum limits required are $1,000,000 each occurrence combined single limit bodily injury and property damage. If food or nonalcoholic beverages are sold or served at the event, the policy must also include an endorsement for products liability. If alcoholic beverages are sold or served at the event, the policy must also include an endorsement of host liquor liability. The City Administrator may require additional endorsements depending upon the proposed activity. (Ord. 1006 § 1, 1993)
12.28.090 Duties of permittee/sponsor of event.
Each permittee/sponsor of an event shall:
A. Comply with all the terms and conditions of the special event permit;
B. Ensure that the person leading a parade or other event along a route, or the person in charge of any other event, shall be informed of the permit conditions and shall carry a copy of the special event permit on his person for the duration of the event;
C. Ensure that the area used for the permitted event is cleaned and restored to the same condition as existed prior to the event, immediately following the completion of the event. (Ord. 1006 § 1, 1993)
12.28.100 Violation – Penalty.
A. Unlawful to Sponsor or Participate in an Event Without a Permit. It shall be unlawful for any person to sponsor or conduct a special event requiring a special event permit pursuant to this chapter unless a valid permit has been issued for the event. It is unlawful for any person to participate in such an event with the knowledge that the sponsor of the event has not been issued a required, valid permit.
B. Unlawful to Exceed Scope of Permit. The special event permit authorizes the permittee/sponsor to conduct only such an event as is described in the permit, and in accordance with the terms and conditions of the permit. It is unlawful for the permittee/sponsor to wilfully violate the terms and conditions of the permit, or for any event participant with knowledge thereof to wilfully violate the terms and conditions of the permit. (Ord. 1006 § 1, 1993)