Chapter 12.32
SPECIAL EVENTS
Sections:
12.32.010 Statement of purpose.
12.32.040 Grounds for denial of application.
12.32.070 Indemnification agreement.
12.32.090 Revocation of permits.
12.32.100 Violation – Penalty.
12.32.010 Statement of purpose.
The city council for the city of Zillah, Washington has determined that in order to preserve the general health, safety, and welfare of all the public, it is in the best interest of the city to establish regulations pertaining to special events held within the Zillah city limits. (Ord. 1138 § 1, 2007)
12.32.020 Definitions.
Definitions relating to special events are listed below:
A. “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 public streets or rights-of-way near the event; or which would significantly impact the need for city-provided emergency services, such as police, fire or medical aid. It is presumed that 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 are not limited to, fun runs, roadway foot races, fund-raising walks, auctions, bike-a-thons, parades, carnivals, shows, or inhabitations, filming/movie events, circuses, block parties and fairs.
B. “Special events protected under the First and Fourteenth Amendments” include any event involving political or religious activity intended primarily for the communication or expression of ideas.
C. “Use” shall mean to construct, erect, or maintain in, on, over or under any street, right-of-way, park 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 normal public use of any public street, right-of-way, park or other public place within the city, including a use related to special events. (Ord. 1136 § 2, 2007)
12.32.030 Permit required.
A. A special event permit or authorization from the city is required for any event in a park, public place or on private property where it will significantly impact public sidewalks or roadways. Such special event permit shall be in addition to any street or park use, or other regular permits as may be required by ordinance.
When such an event will be an exercise of rights protected by the First and Fourteenth Amendments to the United States Constitution, the application shall be processed promptly, without charging a fee for political or religious activities or imposing terms or conditions that infringe constitutional freedoms and in a manner that respects the liberty of applicants and the public.
A special event permit is not required for the following:
1. Parades, athletic events or other special events that occur exclusively on city property and are sponsored or conducted in full by the city of Zillah. (An internal review process should be considered in these instances).
2. Funeral and wedding processions.
3. Groups required by law to be so assembled.
4. Gatherings of 30 or fewer people in a city park, unless merchandise or services are offered for sale or trade.
5. Family dinners or social gatherings of up to 50 people which are held in public parks and do not impact public roadways.
6. Events that are regulated by the city’s banquet permit requirements; provided, that such activities do not present or allow activities that present liability and/or public nuisance considerations for the municipality.
7. Temporary sales conducted by businesses, such as holiday sales, grand opening sales, or anniversary sales.
8. Garage sales and rummage sales.
9. The exhibition of films or motion pictures.
10. Other similar events and activities which do not directly affect or use city services of property.
Factors that may be considered in evaluating whether or not a special event permit (or any applicable fee) is required include the nature of the event; the extent of commercial activity, such as the sales of food, goods, and services; product advertising or promotion, or other business participation in the event; the use or application of any funds raised; if part of any annual tradition or series, previous events in the sequence; and the public perception of the event.
Any person desiring to sponsor a parade, athletic event or special event shall be encouraged to apply for a special event permit by filing an application with the city at least 60 days prior to the date on which the event is to occur.
B. Waiver of Application Deadline. Upon a showing of good cause or at the discretion of the city, the city 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 city services for the event. Good cause can be demonstrated by the applicant showing that the circumstance that gave rise to the permit application did not reasonably allow the participants to file within the time prescribed, or the event is for the purpose of exercising rights under the First and/or Fourteenth Amendments of the United States Constitution. (Ord. 1136 § 3, 2007)
12.32.040 Grounds for denial of application.
The city may deny an application for a special event permit if:
A. The applicant provides false and misleading information; the applicant fails to complete the application or to supply other required information or documentation; or the applicant declares or shows an unwillingness or inability to comply with the reasonable terms or conditions contained in the proposed permit;
B. 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 property; or
C. The proposed event would unreasonably disrupt the orderly or safe circulation of traffic as would present an unreasonable risk of injury or damage to the public.
In the event subsection (B) or (C) of this section applies, the city will offer the applicant the opportunity to submit an alternative date or place for the proposed event before denying the application. (Ord. 1136 § 4, 2007)
12.32.050 Permit conditions.
A. The city may condition the issuance of a special events permit by imposing reasonable constraints 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 following conditions apply to all special events permits:
1. Alteration of the time, place and manner of the event proposed on the event application.
2. Conditions concerning the area of assembly and disbanding of an event occurring along a route.
3. Conditions concerning accommodation of pedestrians or vehicular traffic, including restricting the event to only a part of the street or right-of way.
B. Conditions on special events permits not protected under the First and Fourteenth Amendments of the U.S. Constitution include, but are not limited to:
1. Requirements for the use of traffic cones or barricades.
2. Requirements for the provision of first-aid or sanitary facilities.
3. Requirements for use of event monitors.
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 fire safety.
5. Compliance with animal protection ordinances and laws.
6. Requirements for use of garbage containers, cleanup, and restoration of city property.
7. Restrictions on the use of amplified sound and compliance with noise ordinance, regulations and laws.
8. Notice to residents and/or businesses regarding any activity which would require a street closure.
9. Restrictions on the sale and/or consumption of alcohol.
10. Elimination of any activity which cannot be mitigated to a point as to ensure public safety and welfare, or which causes undue liability to the city.
11. Requirements regarding the use of city personnel and equipment.
12. Compliance with any applicable federal, state or local law or regulation. (Ord. 1136 § 5, 2007)
12.32.060 Appeal procedure.
The applicant shall have the right to appeal the denial of a permit or a permit condition. A written notice of appeal shall be filed within three business days after receipt or personal delivery of a notice of denial or permit conditions from the city. The written notice of appeal shall set forth the specific grounds for the appeal and attach any relevant documents for consideration. The city council shall hear the appeal on the record provided from the city clerk/treasurer and upon public comment given at the scheduled hearing before the council. The hearing shall be scheduled no later than 30 days after receipt of timely and proper notice of appeal. Public comment at the appeal hearing shall be limited to three minutes per individual and 15 minutes each for appellant and city respondent. The decision of the city council is final.
If there is insufficient time for a timely appeal to be heard by the city council prior to the date on which the event is scheduled, the applicant may, at their option, request that the city clerk/treasurer schedule the appeal before the mayor. The mayor shall hold a hearing no later than five business days after the filing of the appeal and will render a decision no later than one business day after hearing the appeal. If the appeal is requested and heard before the mayor, the mayor’s decision is final. There is no further appeal to the city council. (Ord. 1136 § 6, 2007)
12.32.070 Indemnification agreement.
Prior to the issuance of a permit for a special event not protected under the First and Fourteenth Amendments of the U.S. Constitution, the permit applicant and authorized officer of the sponsoring organization must agree to reimburse the city for any costs incurred by it in repairing damage to city property and indemnify and defend the city, its officers, employees, and agents from all causes of action, claims or liabilities occurring in connection with the permitted event, except those which occur due to the city’s sole negligence. (Ord. 1136 § 7, 2007)
12.32.080 Insurance.
The following insurance may be required, as determined by city clerk/treasurer, in connection with the issuance of permit for a special event not protected under the First and Fourteenth Amendments of the U.S. Constitution:
A. One million dollars commercial general liability insurance per occurrence combined single limits;
B. One million dollars aggregate unless waived by the city.
The city clerk/treasurer is authorized and directed to require written proof of such insurance prior to permit issuance. 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’ written notice to the city. (Ord. 1136 § 8, 2007)
12.32.090 Revocation of permits.
Any permit issued under this chapter may be summarily revoked by the city at any time when, by reason of disaster, public calamity, riot or other emergency or exigent circumstances, the city determines the safety of the public or property requires such immediate revocation. The city may summarily revoke any permit issued pursuant to this chapter if the committee finds that the permit has been issued based upon false information or when the permittee exceeds the scope of the permit or fails to comply with any condition of the permit. Notice of such action revoking a permit shall be delivered in writing to the permittee by personal service or certified mail at the address specified by the permittee in the application. (Ord. 1136 § 9, 2007)
12.32.100 Violation – Penalty.
A. 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 and remains in effect 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, or with knowledge that a once valid permit has expired or been revoked.
B. 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 willfully violate the terms and conditions of the permit, or for any event participant with knowledge thereof to willfully violate the terms and conditions of the permit or to continue with the event if the permit is revoked or expired.
C. Any person or organization violating the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a penalty of a fine of not more than $500.00 or by imprisonment of not more than 90 days, or both such fine and imprisonment. (Ord. 1136 § 10, 2007)