Chapter 9.70
PARADE AND SPECIAL EVENT PERMITS
Sections:
9.70.005 Purpose and findings.
9.70.010 Parade, special event permits, expressive activity—Definitions.
9.70.020 Permits required.
9.70.030 Offenses.
9.70.040 Civil penalty.
9.70.050 Permit application.
9.70.055 Insurance and indemnification required for certain events.
9.70.060 Standards for issuance or denial of permit.
9.70.070 Notice of granting, denial or variance.
9.70.080 Appeal procedure.
9.70.090 Modification or revocation of permit—Emergency.
9.70.100 Exceptions to the parade and special event permit requirement.
9.70.005 Purpose and findings.
This chapter is intended to establish procedures to provide fair and equal access to free speech rights and opportunities for parades and special events in the city, while at the same time preserving the safety of all persons, minimizing disruptions in the orderly and safe circulation of traffic and avoiding unreasonable risk of injury or damage to parade and special event participants, other persons and property.
The city council finds that hazards to participants, vehicles and pedestrians increase when the free flow of traffic is impeded. Such hazards are caused by decreased access for emergency and aid vehicles, an increase in the probability that collisions will occur due to increased traffic density, an increase in obstructions to visibility for pedestrians and vehicles, an increase in hazardous and/or unlawful driving behavior due to driver impatience and an increase in the need for manual traffic control by police officers, among other things. Management of significant traffic congestion requires the use of police resources, which decreases the availability of such police resources for other traffic and police duties. Safety of pedestrians and vehicles, therefore, requires that traffic is safely managed and that the free flow of traffic is facilitated to the fullest extent possible.
The city council finds that the number of participants or marchers in a roadway affects vehicular and pedestrian traffic safety. An insufficient number of marchers on a roadway that is not readily visible to motorists, or that contains gaps that motorists may try to drive through despite the presence of police officers, creates an unreasonable traffic hazard. In such cases, marchers shall be required to remain on sidewalks while police provide traffic control at intersections. Conversely, a large number of marchers on a sidewalk creates an unreasonable traffic hazard where the number is so large that pedestrians or marchers are forced into lanes of vehicular traffic. In such cases, marchers shall be required to remain in a street or portions thereof while police restrict traffic to such portions; provided, that the number of marchers in the street is sufficiently large to avoid an unreasonable traffic hazard.
The city council finds that pedestrian and vehicular traffic safety relating to the use of streets and sidewalks during a parade or special event depends on factors such as the width of streets, traffic lanes and sidewalks; vehicular speed limits; known traffic hazards or dangerous conditions; normal anticipated vehicular and pedestrian traffic volume at the date, time and place of a proposed parade; the number and location of traffic control devices along the route; whether access to or for emergency vehicles will be obstructed; the number of qualified police personnel necessary and available to control traffic in the surrounding area in order to prevent accidents or injury because of congestion caused by the closure of the street; seasonal weather conditions that may create hazardous conditions; actual weather conditions at the time of the parade; the availability of alternate parade routes, dates or times; and the availability of an adequate number of police personnel without unduly hindering the ability of the Yakima police department to provide other necessary police services. (Ord. 2009-57 § 1 (part), 2009).
9.70.010 Parade, special event permits, expressive activity—Definitions.
Wherever used in this chapter, the following words shall have the following meanings:
A. “Parade” means any march or procession consisting of people, animals or vehicles, or combinations thereof, except funeral processions, upon any public street, sidewalk or alley, which does not comply with the normal and usual traffic regulations or controls.
B. “Special event” means any activity which occurs on public property or public right-of-way which affects the ordinary use of public streets, rights-of-way or sidewalks. This includes, but is not limited to, fairs, foot races, bicycle races, and block parties. Private social gatherings which make no use of public streets other than for lawful parking are not included.
C. “Expressive activity” means conduct, the sole or principal object of which is the expression of, dissemination or communication by verbal, visual, literary or auditory means of opinions, views or ideas including but not limited to public oratory and the distribution of literature. For purposes of this chapter, expressive activity does not include sport events, fundraising events or events the principal purpose of which is entertainment. (Ord. 2009-57 § 1 (part), 2009: Ord. 95-4 § 2, 1995: Ord. 3356 § 2 (part), 1991: Ord. 2735 § 2 (part), 1983).
9.70.020 Permits required.
It is unlawful for any person to conduct a parade upon any public street, sidewalk or alley, or to hold a special event, or to knowingly participate in any such parade or special event, unless a permit has been granted by the director of the city of Yakima department of community and economic development or by appeal to the city manager as provided in this chapter. Any march, procession or picket line which complies with all normal and usual traffic regulations and controls does not require a parade permit. (Ord. 2009-57 § 1 (part), 2009: Ord. 95-4 § 3, 1995: Ord. 3356 § 2 (part), 1991: Ord. 2735 § 2 (part), 1983).
9.70.030 Offenses.
A. It is unlawful for any person to knowingly join or participate in any parade or special event conducted in violation of any term of any permit granted by this chapter.
B. It is unlawful for any person to intentionally obstruct or interfere with the orderly progress or conduct of a parade or special event conducted by virtue of a permit issued pursuant to this section. (Ord. 2009-57 § 1 (part), 2009: Ord. 3356 § 2 (part), 1991: Ord. 2735 § 2 (part), 1983).
9.70.040 Civil penalty.
In addition to and concurrent with any other penalty provided by law, a person who violates YMC 9.70.020 or 9.70.030(A) or (B) is subject to assessment of a civil penalty in the amount of two hundred and fifty dollars, to be determined by the director of community and economic development. The substance of the violation, including date, place, time, and description of unpermitted activity, shall be stated in a notice either personally served upon the violator or sent to the violator’s last known address, by certified mail, restricted to delivery to the violator only.
An appeal may be filed by the violator with the Yakima County district court within thirty days of the violator’s receipt of the civil penalty notice, as shown by the date of signature of the violator on the return receipt of the certified mail. The civil penalty notice shall advise the violator of the right to appeal and procedure. (Ord. 2009-57 § 1 (part), 2009: Ord. 3356 § 2 (part), 1991: Ord. 2735 § 2 (part), 1983).
9.70.050 Permit application.
Applications for a parade or special event permit should be made thirty days in advance of the date of such parade or special event; provided, however, the director of community and economic development may reduce or waive such time limitation if, at the time the application is submitted, the director of community and economic development anticipates the ability to make reasonable preparations within less time than fourteen days. Application for the permit shall be made in writing on a form approved by the director of community and economic development and shall contain:
A. The name, address and telephone number of the applicant; name, address and telephone number of the sponsoring organization; name, address and telephone number of any persons having charge or control of such parade or special event; and
B. The purpose of such parade or special event, the date and time when it is proposed to take place, the expected number of participants, the location of assembly and disassembly of a parade, the location and extent of public right-of-way or public property to be used or affected in a special event, route to be traveled and the approximate time when the proposed parade or special event will assemble, start and terminate; and
1. For parades: a description of the type and number of individual floats, marching units, vehicles, animals and bands, including description of any sound amplification equipment to be used; and
2. For special events: a site plan showing the dimensions and plans for any structure (including, but not limited to, any building, fence, barriers, bleachers, stalls, portable toilets, tent or canopy) to be erected in connection with the event;
C. A statement that the applicant shall defend, indemnify, and otherwise hold harmless the city of Yakima, its elected officials, officers, agents, employees and volunteers from any and all claims or liability arising from the city’s grant of permission for, or the actual conduct of, the parade or special event;
D. A statement that the applicant shall file prior to the day of a special event that includes participation of persons in games or races involving physical effort, a signed document from each participant waiving any and all liability against the city of Yakima, its elected officials, officers, agents, employees and volunteers arising from the event, which agreement shall be in language approved by the city attorney;
E. If alcoholic beverages are to be dispensed, evidence of a permit issued by the State Liquor Control Board; permits may be necessary from various other agencies including but not limited to Yakima health district, Washington State Labor and Industries; and the Clean Air Authority;
F. When application is made for a block party in a residential neighborhood involving closure of a street, such closure shall not be for more than one city block, nor for more than four hours, ending no later than ten p.m. The application shall contain an agreement to such conditions by all residents of the block proposed for closure;
G. A traffic control plan including such other information as the director of community and economic development may deem necessary to provide for the safe and free flow of traffic. The applicant is responsible for obtaining and installing all necessary traffic control devices. For parades and other moving events, a police escort may be required;
H. The applicant will provide a written description of the clean-up plan, including services for solid waste disposal and litter clean-up. The clean-up plan will describe the number and location of waste receptacles to be provided for the event. Failure to comply with the clean-up plan may result in fees as described in YMC 9.70.040;
I. Notification of Adjoining Property Owners. For special events, the applicant may be required to notify all property owners within 200 feet of the planned event location at least seven days or more prior to the event and an affidavit of notice filed with the department of community and economic development. (Ord. 2009-57 § 1 (part), 2009: Ord. 95-4 § 4, 1995: Ord. 3356 § 2 (part), 1991: Ord. 2735 § 2 (part), 1983).
9.70.055 Insurance and indemnification required for certain events.
A. In addition to any other requirement(s) imposed by this chapter, for any parade or special event involving participation of persons in games or races involving physical effort; or involving the use of live animals, wild or domestic; or involving the use of vehicles (except wheelchairs); or provision or sale of beverages or food for human consumption; or use of alcoholic beverages, the applicant shall have the following minimum insurance requirements:
1. Commercial General Liability. One million dollars per occurrence/two million dollars aggregate combined single limit liability for bodily injury and property damage.
2. If vehicles are involved in the event: automobile liability at one million dollars per occurrence combined single limit bodily injury and property damage. This includes coverage for any owned, hired or non-owned vehicles. If the sponsor of the event does not own the vehicles that will be used in the event, then only hired and non-owned auto liability will be required, which can be included on the commercial general liability policy.
3. If liquor is served at the event: liquor liability at a one million dollar liability limit.
4. The applicant shall provide a certificate of insurance as proof of the insurance required above that clearly states who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of the permit. The certificate of liability insurance policy shall name the city of Yakima, its elected officials, officers, agents, employees and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel the insurance without first giving the city thirty calendar days’ prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best’s Guide and admitted in the state of Washington. If the city is damaged by the failure of the applicant to maintain the above insurance or to notify the city, then the applicant shall bear all costs attributable thereto. An expiration, cancellation, or revocation of the insurance policy or withdrawal of the insurer from the insurance policy automatically suspends the permit issued to the applicant until a new insurance policy or reinstatement notice has been filed and approved as provided in this section.
B. No later than two weeks prior to the event, the applicant shall file with the director of community and economic development evidence of liability insurance coverage, for review by the city attorney, with the city of Yakima. The requirements of the certificate of liability insurance are set forth in subsection A of this section. Additional endorsements for host liquor liability and/or products liability may be required, in the event food, beverages and/or alcoholic beverages are to be dispensed.
C. The applicant shall provide a signed statement that the applicant/responsible party shall pay the costs of services which the city of Yakima is required to perform by reason of management of street use of the parade or special event, including but not limited to cleanup.
Upon completion of the parade or special event, the director of community and economic development shall compile a statement of account which shall be mailed to the applicant/responsible party, payable within thirty days.
D. Waiver, Reduction or Increase of Required Limits. The director of community and economic development may waive or reduce the insurance requirements in subsections A and B of this section when the city attorney determines that the insurance limits are in excess of the reasonable risk presented by the proposed parade or special event.
E. The director of community and economic development/city attorney may require additional insurance or higher limits of liability based on the risks associated with that event.
F. As a further condition of the issuance of any permit, the applicant shall defend, indemnify, and hold harmless the city, its elected officials, officers, agents, employees and volunteers from and against any and all claims, causes of action, damages, losses, and expenses of any kind or nature whatsoever, including but not limited to attorney’s fees and court cost, arising out of, relating to or resulting from the parade or special event and/or the application for the parade or special event.
G. The indemnification requirements set forth in this section shall not be construed to apply to events permitted under this chapter involving expressive activity which enjoys protection under the United States or Washington constitutions except that sponsors of such events shall be required to redesign or reschedule the permitted event to respond to specific risks, hazards and dangers to the public health and safety identified by the director of community and economic development as reasonably foreseeable consequences of the event. (Ord. 2009-57 § 1 (part), 2009: Ord. 95-4 § 5, 1995).
9.70.060 Standards for issuance or denial of permit.
A. Standards for Issuance of Permit. Subject to the provisions of subsections B and C of this section, the director of community and economic development shall issue a parade or special event permit to any applicant who complies with the requirements of YMC 9.70.030 and 9.70.055, the issuance of which permit shall be conditioned upon the applicant’s written agreement to comply with the terms of the permit and all other applicable laws. The director of community and economic development is authorized to close streets, alleys and sidewalks as are reasonably necessary to accomplish the purpose of a special event or parade but which would not endanger or unreasonably inconvenience the public.
B. Conditions Affecting Issuance of Permit. The director of community and economic development may impose necessary and reasonable conditions on the issuance of the permit which shall ensure the parade or special event does not:
1. Substantially interrupt transportation or other vehicular and pedestrian traffic in the area of the proposed route;
2. Cause any unreasonable conflict with construction or development in the public right-of-way or at a public facility;
3. Require the diversion of police and fire personnel and equipment from their normal duties without provisions for such;
4. Interfere with the movement of police, fire, ambulance and other emergency vehicles on the streets; or
5. Interfere with any other parade or special event for which an application is pending.
C. Variances. Pursuant to submission of a complete application for a parade or special event permit, the director of community and economic development may issue a permit which varies from the terms of the application pertaining to the time, place, line of march, duration, manner of using streets, alleys and sidewalks, and assembly and disassembly, all as the director of community and economic development may deem necessary because of traffic conditions, the physical condition of the proposed route of the parade or event site, or the prior issuance of a permit for a parade or special event which may conflict with that for which application is made.
D. Standards for Denial. The director of community and economic development shall deny an application for a parade or special event permit if:
1. Any applicant fails or refuses to comply with any provisions of this section, or refuses to agree to abide by or comply with all the terms or conditions of the applicable permits; or
2. The information in the application is found to be false or nonexistent in any material detail; or
3. The director of community and economic development finds that there exists a clear and present danger of riot or civil disorder in connection with the parade or special event for which the permit is sought; or
4. The special event will more probably than not unreasonably interfere with vehicular or pedestrian traffic flow; or
5. The parade will more probably than not create an unmitigatable danger to vehicular or pedestrian traffic. (Ord. 2009-57 § 1 (part), 2009: Ord. 95-4 § 6, 1995: Ord. 3356 § 2 (part), 1991: Ord. 2735 § 2 (part), 1983).
9.70.070 Notice of granting, denial or variance.
Within seven days after submission of an application for a parade or special event permit, the director of community and economic development shall notify the applicant in writing by certified mail with return receipt requested, or by personal delivery, of the granting of the permit and of any terms of the permit which may vary from the request of the application, or of the denial of such permit and the reasons therefor. The notification given pursuant to this section shall include a statement of the applicant’s right of appeal and an explanation of the appeal procedure provided in YMC 9.70.080 and 9.70.090. (Ord. 2009-57 § 1 (part), 2009: Ord. 3356 § 2 (part), 1991: Ord. 2735 § 2 (part), 1983).
9.70.080 Appeal procedure.
Upon denial by the director of community and economic development of a parade or special event permit application, or upon the issuance of a permit which varies in its terms from the application, the applicant may appeal that action to the city manager or his designee by filing with the director of community and economic development or his agent a written notice of appeal within five days after personal delivery or mailing of the notice by the director of community and economic development, as provided in this section. The notice of appeal shall contain the name and address of the applicant, together with a short written statement of the grounds for appeal.
The city manager or his designate shall conduct a hearing and, based upon the standards contained in YMC 9.70.070, may reverse, affirm or modify the action of the director of community and economic development from which the appeal was taken. Such hearing shall be held no later than five days prior to the date requested for the parade or special event. Notice of the date, time, and place of such hearing at which the appeal will be heard shall be given in writing by personal delivery or certified mail with return receipt requested to the applicant no less than five days prior to the time of that hearing. In the event the director of community and economic development reduces or waives the thirty-day period mentioned in YMC 9.70.050, notices and hearings provided in this section shall be given as quickly as possible in the discretion of the director of community and economic development, but in no event shall notice of a hearing be less than twenty-four hours. (Ord. 2009-57 § 1 (part), 2009: Ord. 3356 § 2 (part), 1991: Ord. 2888 § 3, 1985: Ord. 2735 § 2 (part), 1983).
9.70.090 Modification or revocation of permit—Emergency.
Any permit for a parade or special event issued pursuant to this section may be summarily revoked, or the terms thereof modified, by the director of community and economic development at any time when by reason of disaster, public calamity, riot or other emergency the director of community and economic development determines that the safety of the general public or parade or special event participants requires such modification or revocation. Prompt notice of such action modifying or revoking a permit shall be delivered in writing to the permittee by personal service or by certified mail with return receipt requested. (Ord. 2009-57 § 1 (part), 2009: Ord. 3356 § 2 (part), 1991: Ord. 2735 § 2 (part), 1983).
9.70.100 Exceptions to the parade and special event permit requirement.
A. The following activities are exempt from the parade and special event permit requirements:
1. Funeral processions by a licensed mortuary or funeral home;
2. Activities conducted by a governmental agency acting within the scope of its authority;
3. With the exception of organized fundraisers, activity which takes place on streets, sidewalks, or other public rights-of-way owned or controlled by the city including, but not limited to, lawful picketing wherein applicable traffic regulations, laws or controls are complied with;
4. Spontaneous assemblies or demonstrations involving expressive activity and which are occasioned by news or affairs coming into public knowledge within five days of such assembly or demonstration; provided, that the organizers thereof give written notice to the director of community and economic development at least twenty-four hours prior to such assembly or demonstration. Such written notice shall contain all of the following information:
a. The name, address and telephone number of the person or persons seeking to conduct the assembly or demonstration. This person or these persons shall be considered a permittee for the purposes of this section;
b. The name, address and telephone number of the headquarters of the organization, if any, and of the organizer or responsible head of such organization by whom or on whose behalf the assembly or demonstration is proposed to be conducted;
c. The name, address and telephone number of the person who will chair the assembly or demonstration and who will be responsible for its conduct;
d. The location and date of the proposed assembly or demonstration, including the assembly area, disbanding area, and the route to be traveled;
e. An estimate of the approximate number of persons who will be participating in the assembly or demonstration and an estimate of the approximate number of persons who will be observing the assembly or demonstration;
f. The time at which the assembly or demonstration will start and conclude;
g. The type of security or other arrangements that will be provided to assure that participants are properly directed.
B. The director of community and economic development may impose reasonable time, place and manner restrictions on spontaneous assemblies or demonstrations governed by this section.
C. The director of community and economic development may deny permission to conduct a spontaneous assembly or demonstration if the director of community and economic development makes a finding requiring denial pursuant to YMC 9.70.060. Such finding by the director of community and economic development shall be made no later than six hours before the scheduled start time for the event. If the director of community and economic development makes a finding pursuant to YMC 9.70.070, the director of community and economic development shall immediately provide notice of the denial, including the reason or reasons for the denial, by telephone to the permittee and shall also provide written notice of the denial including the reason for the denial. If the permittee provides a fax number for the purpose of receiving notices, the director of community and economic development shall provide written notice of the denial by fax immediately upon making the denial decision. In lieu of denial, the director of community and economic development may propose to the applicant an alternative time, route, venue or manner of conducting the activity which alternative would be acceptable to the city. (Ord. 2009-57 § 1 (part), 2009).