Chapter 12.08
SPECIAL EVENT PERMITS
Sections:
12.08.020 Permit required – Exemptions.
12.08.030 Applications – Timelines – Fees.
12.08.040 Evaluation of applications – Permit conditions – Permit issuance.
12.08.050 Denial of application.
12.08.060 Appeal of permit decision.
12.08.070 Revocation of permits.
12.08.100 Fees for city services and equipment.
12.08.120 Authorization to promulgate rules and regulations.
12.08.130 Violations – Penalties.
Legislative history: Ords. 85-3 and 93-302.
12.08.010 Definitions.
A. “Applicant” means the person, authorized officer, firm or entity seeking a permit under this chapter and the person, authorized officer, firm or entity to which such permit is issued.
B. “City manager” means the city manager or his/her designee(s).
C. “Event” means a special event or protected special event as defined in this section.
D. “Protected special event” means any event protected under the First and Fourteenth Amendments to the U.S. Constitution primarily involving political or religious activities intended for the communication or expression of such ideas. The inclusion of political or religious activities as part of a larger special event shall not solely by virtue of such inclusion render the special event a protected special event.
E. “Special event” means: (1) any event which is conducted in whole or in part on public property or on public rights-of-way or easements; or (2) any event held on private property but which would have a direct and significant impact on ordinary traffic congestion or traffic flow to and from the event over public streets or rights-of-way; or which would significantly affect public streets or rights-of-way near the event; or which would significantly affect the need for city-provided emergency services such as police, fire or medical aid. Special events may include but are not limited to fun runs, roadway foot races, fundraising walks, auctions, bike-a-thons, parades, carnivals, shows, filming/movie events, circuses, block parties and fairs. (Ord. 2007-668 § 1)
12.08.020 Permit required – Exemptions.
A. No person shall hold or conduct a special event without first obtaining a permit pursuant to this chapter.
B. No person shall hold or conduct a protected special event without first obtaining a permit pursuant to this chapter; provided, that such application shall be processed promptly, without charging a fee that impermissibly infringes on constitutionally protected rights, and without imposing terms or conditions that impermissibly infringe constitutionally protected rights.
C. A permit is not required for the following activities; provided, that such activities shall otherwise comply with all applicable laws, ordinances, rules, and regulations:
1. Special events sponsored in whole or conducted in whole by the city and that occur solely on city property, rights-of-way or easements.
2. Funeral and wedding processions.
3. Gatherings of 20 or fewer people in a city park, unless merchandise or services are offered for sale or trade or commercial purposes are involved.
4. Temporary sales conducted by businesses, such as holiday sales, grand opening sales, or anniversary sales.
5. Garage sales and rummage sales.
6. Residential areas zoned for single-family residential use when the right-of-way immediately adjacent to the individual’s residence is employed for a noncommercial special event not involving buildings or other structures, so long as the public sidewalks and other byways are not obstructed in any manner; provided, that this exemption shall not be deemed to grant or vest any right of use, and any such use shall be removed upon the order of the city at the sole cost and expense of the user.
7. Any improvement, repair or maintenance work performed by the city.
8. Any street, utility or related construction work authorized by another permit or ordinance of the city.
9. Special events held within a residential subdivision on a nonthrough street; provided, that any use of public rights-of-way, public property or public easements is approved in writing and in advance by the city manager.
10. When, in the written opinion of the city manager, the special event will take place entirely on private property and will not directly and substantially affect or use city services, property, rights-of-way, or easements.
11. Other similar activities determined to be exempt within the discretion of the city manager.
12. Recreational activities regulated through the city’s recreation department; provided, that a permit may be required under this chapter on the recommendation of the recreation supervisor for large, special or unusual recreational events such as district or regional playoffs, state-wide tournaments, etc. (Ord. 2007-668 § 1)
12.08.030 Applications – Timelines – Fees.
A. Applications for a special event permit shall be filed with the city manager at least 60 days prior to the date on which the event is to occur. The application shall use forms provided by the city and shall be a complete application. At the discretion of the city manager, an application for a special event permit that is filed after the filing deadline may be accepted and considered if there is sufficient time to process and investigate the application and obtain police and other services required for the event.
B. Applications for a protected special event permit should be filed with the city manager within the time period specified in subsection A of this section, but shall be filed with the city manager at least 20 days prior to the date on which the event is to occur. The application shall use forms provided by the city and shall be a complete application. If an application for a protected special event is filed after the minimum filing deadline set forth in this subsection, it will be accepted and considered upon a reasonable showing by the applicant, and determination by the city manager, that the circumstance(s) giving rise to the event did not reasonably allow the applicant to file within the time limit prescribed.
C. All applications shall be accompanied by a nonrefundable fee as set forth in Chapter 3.42 MCMC. No application will be accepted by the city unless accompanied by the required fee at the time the application is filed; provided, that the city manager may, in his/her discretion, waive or reduce the fee upon a showing of undue hardship by the applicant. (Ord. 2007-668 § 1)
12.08.040 Evaluation of applications – Permit conditions – Permit issuance.
A. The city manager shall evaluate each application for compliance with this chapter, including inquiry into the time, place and manner of the event, the safety and rights of persons, the protection and use of property, and the control of traffic.
B. The city manager may condition the issuance of a special event permit or protected special event permit by imposing reasonable requirements concerning the time, place and manner of the event, and such requirements as are necessary to protect the safety and rights of persons and property and the control of traffic. The scope of conditions applicable to all permits issued under this chapter shall include the following:
1. Alteration of the time, place and manner proposed for the event.
2. Conditions concerning the area of assembly, route and disbanding of an event.
3. Conditions concerning accommodation of pedestrians or vehicular traffic, including restricting the event to only a portion of the street or rights-of-way.
4. Compliance with other applicable federal, state or local law or regulation.
5. Requirements reasonably necessary for the preservation of the public health, safety and welfare.
6. All temporary signage, on and off site, that is associated with the event shall be reviewed along with and included in the special event permit, and shall not require a separate sign permit under MCMC 17.26.010(C).
C. Conditions upon which the city may issue a special event permit or protected special event permit include but are not limited to:
1. Requirements for the provision of traffic control devices.
2. Requirements for the provision of first aid or sanitary facilities.
3. Requirements for the provision of event monitors and providing notice of permit conditions to event participants.
4. 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 safety.
5. Requirements for use of garbage containers, cleanup, and restoration of city property or rights-of-way.
6. Restrictions on the use of amplified sound and compliance with noise ordinances, regulations and laws.
7. Notice to residents and/or businesses regarding any activity which would require a street closure or traffic disruption.
8. Restrictions on the sale and/or consumption of alcohol.
9. Elimination of an activity which cannot be mitigated adequately to ensure public safety and welfare, or which causes undue risk of liability to the city.
10. Requirements regarding the use and compensation of city personnel and use of city equipment.
11. If the event obstructs a portion of a public sidewalk or other walkway, only one permit, not to exceed three days’ duration, may be issued for that walkway area within every 60-day period; provided, that this maximum period may be waived with the written permission of all the adjacent property owners. If the event involves encroachment or partial obstruction of a sidewalk or other walkway open to the public, a minimum of three feet of unobstructed sidewalk or other protected walkway (or such amount as may be otherwise required by law) shall be maintained at all times.
12. Requirements that the applicant indemnify, hold harmless and defend the city, its officers, agents and employees from all claims, losses, damages, injuries, and liability of whatever nature that may arise out of or in connection with the event, except those arising from the city’s sole negligence.
13. Requirements to provide written proof of insurance coverage satisfactory to the city manager.
14. Requirements to prepay all fees, charges, deposits, taxes, insurance and bonds required by the city.
15. Requirements to reimburse the city for all costs incurred by it to clean, restore or repair damage to city property, rights-of-way or easements.
16. Requirements to meet such other conditions as needed to reasonably assure that the event does not in any way create a likelihood of endangering those who are lawfully using public property, rights-of-way, or easements.
D. The city reserves the right to impose other conditions based upon the particular circumstances of each event, including but not limited to the applicant’s agreement to employ city police officers to direct, block or control pedestrian or vehicular traffic for the event.
E. All conditions shall be subscribed on or attached to the permit. The applicant and an authorized officer of the sponsoring organization (if different) shall sign the permit on or before the date of issuance attesting to (1) his/her knowledge of such conditions and requirements, and (2) his/her agreement to abide by such conditions and requirements at all times, and (3) binding the sponsoring organization to such commitments.
F. A permit authorizes the applicant to conduct only such event as is described in the permit, and in accordance with the terms and conditions thereof, and is not authorization to engage in any other activity. (Ord. 2012-743 § 1; Ord. 2007-668 § 1)
12.08.050 Denial of application.
A. The city may deny an application for a special event permit or protected special event permit if:
1. The applicant provides false or misleading information; the applicant fails to complete the application or to supply other required information; or the applicant declares or shows an unwillingness or inability to comply with the terms or conditions contained in the proposed permit.
2. The proposed event would conflict with another proximate event, interfere with construction or maintenance work in the immediate vicinity, or unreasonably infringe upon the rights of abutting properties.
3. The proposed event would unreasonably disrupt the orderly or safe circulation of vehicular or pedestrian traffic, or would present an unreasonable risk of injury to persons or damage to the public or property.
4. The proposed event would unreasonably interfere with access for police, fire prevention, emergency and/or medical services, or would, in the judgment of the city manager, require the diversion of so many police or other city services or resources that it would unreasonably affect police protection or city services for the remainder of the city and its residents.
B. In the event subsection (A)(2), (3) or (4) of this section applies, the city shall invite the applicant to timely submit an alternative date or place for the proposed event before denying the application.
C. Denials shall be issued by the city manager in writing. (Ord. 2007-668 § 1)
12.08.060 Appeal of permit decision.
A. The applicant may appeal the denial of a permit or any permit condition(s) or requirement(s) only as set forth in this section.
B. An appeal may be commenced and shall be timely only if a written notice of appeal is filed with the city clerk within five business days after the date of issuance or denial of a permit. The notice of appeal shall set forth the specific grounds for the appeal, shall attach all relevant documents for consideration (including the permit or the denial), shall state clearly the relief requested, and shall include the appeal fee specified in Chapter 3.42 MCMC. The city clerk shall forward the appeal to the city hearing examiner, the city manager, and the city attorney.
C. The city hearing examiner shall schedule and hear the appeal at the earliest convenient date for all participants, but shall endeavor to do so within 30 days after the filing date of the notice of appeal. The examiner shall decide the issue(s) specified in the notice of appeal based on the application record provided by the city clerk, the notice of appeal, any written response by the city, the argument of the parties at the hearing, and (if determined appropriate by the examiner) the testimony of the parties at the hearing. The examiner may allow public comment at the hearing, and if so on such terms and conditions, as the examiner deems appropriate. The examiner shall issue a written decision within five business days of the hearing unless the parties agree to an extension. The examiner’s decision is final and is not subject to further appeal.
D. At the applicant’s discretion, the applicant may, in the notice of appeal, waive hearing by the city hearing examiner and direct that the issue(s) specified in the notice of appeal be decided on the written record by the city manager. The written record shall consist of the application record provided by the city clerk, the notice of appeal, and any written response by the city. No oral argument or testimony shall be allowed. The city manager shall issue a written decision within 10 business days after the filing of the notice of appeal. The city manager’s decision is final and is not subject to further appeal. (Ord. 2007-668 § 1)
12.08.070 Revocation of permits.
A. All permits issued pursuant to this chapter shall be temporary, shall vest no permanent right in the applicant, and may be summarily revoked by the city manager as follows:
1. Immediate revocation, with or without notice, if the city manager determines that there is a violation of or material noncompliance with any of the terms or conditions of the permit.
2. Immediate revocation, with or without notice, if for any reason the event is or shall become dangerous, or a threat to public health or safety, or if any permitted structure or obstruction is or shall become insecure or unsafe.
3. Revocation upon 10 days’ notice if the basis for revocation is not covered by the preceding subsections or at the discretion of the city manager.
B. If any violation, noncompliance, use or occupancy for which the permit has been revoked is not immediately rectified or discontinued, the city manager may cause the removal, repair, discontinuance, or adjournment as may be necessary to render the same secure and safe, the full cost and expense of which shall be assessed against the applicant, including all professional fees associated with enforcement or collection of the same.
C. The action of the city manager under this section is final and is not subject to appeal. (Ord. 2007-668 § 1)
12.08.080 Special exemption from fees, deposits, indemnification agreements, and insurance requirements.
Notwithstanding any other provision of this chapter, no fee, deposit, or charge shall be required for an event when prohibited by the First and Fourteenth Amendments to the U.S. Constitution. Without limiting the foregoing, factors that may be considered in evaluating the foregoing include the nature and extent of commercial or business activities related to or occurring as part of the event (including sales of foods, products or services); product advertising, sponsorship or promotion for the event; business participation in the event; the use or application of any funds raised as part of the event; and previous events in a sequence of events. (Ord. 2007-668 § 1)
12.08.090 Insurance.
A. The following minimum insurance coverages shall be required in connection with the issuance of a permit under this chapter: $1,000,000 commercial general liability insurance per occurrence combined single limits, and $2,000,000 aggregate.
B. The city manager shall require written proof of such insurance prior to issuing any permit. The insurance policy shall be written on an occurrence basis, shall name the city as an additional insured, shall be written for a period not less than 24 hours prior to the event and extending for a period not less than 24 hours following the completion of the event, and shall contain a provision prohibiting cancellation of the policy except upon 30 days’ prior written notice to the city. (Ord. 2007-668 § 1)
12.08.100 Fees for city services and equipment.
A. On or before issuance of a permit requiring the use of city personnel or equipment, the city manager should provide the applicant with a statement of the estimated costs of providing such assistance. The applicant may be required to prepay these estimated costs at least 10 days prior to the events. City services and equipment may include the use of police officers and public employees for traffic and crowd control, pickup and delivery of traffic control devices, picnic tables, and street sweeping; cleanup following the event, and any other city services applicable to the permit.
B. If the actual costs for city services and equipment used in connection with the event are less than the estimated prepaid costs, the city will refund the difference. If the actual costs for city services and equipment used in connection with the event are greater than the estimated prepaid costs, the applicant shall be billed for the difference.
C. Fees for the use of city services and equipment may be waived in part or in full if the city manager determines that the event is of sufficient public benefit to warrant the expenditure of city funds and that such waiver would not result in a gift of public funds or the private financial gain of any individual contrary to law. (Ord. 2007-668 § 1)
12.08.110 Cleanup deposits.
A. The applicant for an event involving the sale of food or beverages for immediate consumption, erection of structures, horses or other large animals, water aid stations, or any other event likely to create a substantial need for a cleanup may be required to provide a cleanup deposit prior to the issuance of a permit.
B. The cleanup deposit will be returned after the event if the area used or affected by the event has been cleaned and restored to the same condition as existing prior to the event. If the area used or affected by the event has not been properly cleaned or restored, the city may perform such work and the deposit shall be applied to pay for such work. If there is any deposit remaining after such work, the city will refund the difference. If the cost of the work is greater than the deposit, the applicant shall be billed for the difference. (Ord. 2007-668 § 1)
12.08.120 Authorization to promulgate rules and regulations.
The city manager is authorized to promulgate all necessary rules, regulations, and forms needed or appropriate to implement or enforce this chapter. (Ord. 2007-668 § 1)
12.08.130 Violations – Penalties.
A. It is unlawful for any person to sponsor or conduct a special event or protected special event requiring a permit pursuant to this chapter unless a valid permit has been issued and remains in effect for the duration of the event. It is unlawful for any person to participate in an event with the knowledge that a permit has not been issued for the event, or with knowledge that a permit has expired or been revoked.
B. It is unlawful for an applicant or event participant to knowingly violate the terms and conditions of a permit issued pursuant to this chapter. It is unlawful for an applicant to continue operation of an event if the permit therefor is revoked or expired.
C. In addition to any other penalties provided in this chapter, any person or organization who violates any of the provisions of this chapter shall be guilty of a misdemeanor and shall be subject to the penalty as provided by MCMC 1.16.010.
D. The city may take such enforcement action as it deems appropriate to enforce the terms of this chapter. (Ord. 2007-668 § 1)
12.08.140 Savings clause.
If any section, sentence, clause, phrase, part or portion of this chapter is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. (Ord. 2007-668 § 1)