Chapter 5.14
SPECIAL EVENT/SPECIAL
USE PERMIT

Sections:

5.14.010    Definitions.

5.14.020    Permit required – Exemptions.

5.14.030    Application – Form – Contents.

5.14.040    Review of application.

5.14.050    City Administrator to issue permit – Criteria for issuance.

5.14.060    Revocation or suspension of permit.

5.14.080    Appeals.

5.14.090    Violations – Penalties.

5.14.010 Definitions.

As used in this chapter, the following terms shall have the meaning set forth below:

A. “Special event” means an event or happening organized by any person which will generate or invite considerable public participation and/or spectators, for a particular and limited purpose and time, including, but not limited to, fun runs, roadway foot races, fundraising walks, bikeathons, parades, carnivals, shows, exhibitions, circuses and fairs. Special events are not limited to those events conducted on the public streets but may occur entirely on private property.

B. “Use” means to construct, erect or maintain in, on, over or under any street, right-of-way or other public place, any building, structure, sign, equipment or scaffolding, to deface any public right-of-way by painting, spraying or writing on the surface thereof, or to otherwise occupy in such a manner as to obstruct the public use of any public street, right-of-way or other public place within the City, including any use related to special events. (Ord. 1683 § 1, 1985).

5.14.020 Permit required – Exemptions.

A. It is unlawful for any person to hold or conduct any special event in the City, or to use any street, right-of-way, or other public place in the City for any purpose unless such person has obtained and has in full force and effect a permit to do so, issued by the City.

B. The following special events, when conducted entirely upon private property, shall be exempt from the requirement to obtain a permit under this chapter:

1. Dances and other special events conducted by schools or churches;

2. Temporary sales conducted by businesses, such as holiday sales, grand opening sales or anniversary sales;

3. Garage sales and rummage sales; and

4. The exhibition of films or motion pictures; and

5. Other similar events and activities which do not directly affect or use City services. (Ord. 1683 § 1, 1985).

5.14.030 Application – Form – Contents.

A. Any person desiring to apply for a special event or special use permit shall do so by filing a written application therefor with the City Administrator at City Hall. The application shall be made on forms provided by the City and shall include, at a minimum, the following information:

1. The name, address, telephone number and date of birth of the applicant;

2. A full and complete description of the special event sought to be held and the duration of such special event;

3. The proposed location of the special event and the dimensions and plans for any structure to be erected or constructed in connection with the special event;

4. Whether the special event will require the use of any City street or right-of-way and if so, the location and dimensions of the proposed use, together with a statement as to the dimensions of remaining unobstructed street or right-of-way;

5. An estimate of the number of persons who will or who are expected to attend the special event;

6. If the permit sought is for the use of a City street not connected with a special event, a full and complete description of the use sought to be made of the street by the applicant and the duration of such use;

7. If the permit sought is for the use of a City street not connected with a special event, the location and dimensions of the proposed use and of any structure to be constructed on the street, together with a statement as to the dimensions of remaining unobstructed street or right-of-way; and

8. Such other and further information as the City Administrator may reasonably require to determine whether the application and proposed use meet all of the requirements for permit issuance established by this chapter.

B. All applications shall be accompanied by a nonrefundable application fee per IMC 3.64.010, Land Use Permit Fees; provided, that the City Administrator may reduce such fee if, in the opinion of the City Administrator, the imposition of such fee will create an undue hardship for the applicant. (Ord. 2797 § 3, 2017; Ord. 2045 § 2, 1994; Ord. 1683 § 1, 1985).

5.14.040 Review of application.

Upon receipt of a completed special event/ special use permit application, the City Administrator shall refer the same to the appropriate departments for their investigation and review concerning compliance of the proposed special event or use with the criteria for issuance set forth in IMC 5.14.050. The departments shall forward the results of their investigation and review to the City Administrator within 10 working days. (Ord. 2045 § 3, 1994; Ord. 1683 § 1, 1985).

5.14.050 City Administrator to issue permit – Criteria for issuance.

A. All permits issued under this chapter shall be issued by the City Administrator or his designee. Upon receipt of the comments of the Chief of Police, Public Works Director and the Fire Chief on the application, the City Administrator shall proceed to consider whether or not the permit should be issued. A permit may be issued to the applicant only if all of the following criteria and conditions for issuance are met:

1. The proposed special event will not unreasonably endanger the participants, spectators, or the public;

2. The proposed special event will not unreasonably interfere with vehicular or pedestrian traffic flow at the proposed location;

3. Adequate plans for parking exist to meet the need generated by the proposed special event;

4. The proposed special event or proposed use of the street will not intrude onto or over any portion of a public right-of-way open to vehicle or pedestrian travel in such a manner as to create a likelihood of endangering vehicles or pedestrians. In addition, in the event the requested permit involves encroachment or partial obstruction of a sidewalk or other walkway open to the public, a minimum of 3 feet of unobstructed sidewalk or other walkway shall be maintained at all times;

5. If the special event or use of the street involves an obstruction of a portion of a public sidewalk or other walkway, the City Administrator shall establish the specific period of the permit;

6. In the case of special events such as fun runs, marathons, etc., or in the case of any street use which requires the closure of any public street or walkway, the proposed event or use will not require closure for a period longer than that established by the City Administrator;

7. Whenever the requested permit is for an action which will require the use of any City street, or other City property, whether or not such use is connected with a special event, the applicant must agree to indemnify, defend and hold the City harmless from any and all claims for bodily injury or property damage that may arise out of or in connection with the applicant’s permitted special event or use;

8. Whenever the requested permit is for an action which will require the use of any City street or other City property, whether or not such use is connected with a special event, the applicant must secure and maintain in full force and effect throughout the duration of the permit comprehensive general liability insurance for bodily injury and property damage in such amounts as the City Administrator deems necessary, and shall have the City of Issaquah named as an additional named insured on the policy of insurance which shall include a provision prohibiting cancellation of said policy except upon 30 days’ prior written notice to the City;

9. Whenever any special event or other use requires the provision of additional City services, including, but not limited to, the employment of police officers to direct or block pedestrian or vehicular traffic, or the provisions of standby aid car or fire protection services, the applicant shall agree to reimburse the City for the same; and

10. Such other and further conditions as the City Administrator deems necessary to reasonably ensure that the proposed special event does not in any way create a likelihood of endangering those who may participate or be spectators.

B. If any of the above criteria are not met by the proposal, the City Administrator shall deny the permit or may issue the permit with such conditions as the City Administrator deems necessary for the application to meet all of the criteria set forth above.

C. All conditions of the permit shall be subscribed on or attached to the permit.

D. Notwithstanding any provision of the Issaquah Municipal Code, the City Administrator or his designee is authorized to allow special events or signs which would otherwise be prohibited by City ordinance. In reviewing an application, the following factors shall be considered: (1) will not be materially detrimental to the public health, safety, or welfare, nor injurious to property or improvements in the immediate vicinity of the temporary use or temporary sign; (2) is compatible with the purpose and intent in the area in which the proposed use will occur; (3) is compatible in intensity and appearance with the existing land uses in the immediate vicinity of the use; and (4) hours of the use will not cause noise, light or glare which adversely impacts surrounding uses. (Ord. 2045 § 4, 1994; Ord. 1683 § 1, 1985).

5.14.060 Revocation or suspension of permit.

All permits issued pursuant to this chapter shall be temporary, shall vest no permanent rights in the applicant, and may be revoked by the City Administrator as follows:

A. The permit may be immediately revoked by the City Administrator or his designee in the event of a violation of any of the terms or conditions of the permit; or

B. The permit may be immediately revoked by the City Administrator or his designee in the event the permitted special event or street use shall become, for any reason, dangerous to persons or property, or if any structure or obstruction permitted becomes insecure or unsafe; or

C. The permit may be revoked by the City Administrator upon 30 days’ notice if the permit was not for a specified period of time and is not covered by either of the preceding subsections.

D. If any event, use or occupancy for which the permit has been revoked is not immediately discontinued, the City Administrator or his designee may remove any structure or obstruction, or cause to be made, without obligation to do so, such repairs upon the structure or obstruction as may be necessary to render the same secure and safe, or adjourn any special event. The cost and expense of such removal, repair or adjournment shall be assessed against the permittee, including all professional fees associated with enforcement of the collection of the same. (Ord. 1683 § 1, 1985).

5.14.080 Appeals.

All decisions of the City Administrator with respect to the issuance, denial, revocation or suspension of any permit under this chapter shall be final unless appealed by any aggrieved party to the City Council using the procedures set forth in Chapter 1.32 IMC for appeals. (Ord. 1683 § 1, 1985).

5.14.090 Violations – Penalties.

In addition to any other penalties provided in this chapter, any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine in any sum not to exceed $5,000, or by imprisonment for any term not to exceed 1 year, or by both such fine and imprisonment. In addition, each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by any person constitutes a separate offense. (Ord. 1683 § 1, 1985).