Chapter 5.46
SPECIAL EVENT PERMITS
Sections:
5.46.010 Definitions.
5.46.020 Administration.
5.46.030 Permit required.
5.46.040 Exemptions.
5.46.050 Applications.
5.46.060 Issuance of permit.
5.46.070 Revocation.
5.46.080 Appeal.
5.46.090 Penalties.
5.46.010 Definitions.
“City” means the city of Shelton, Washington.
“City administrator” means the city administrator of the city of Shelton, Washington.
“City commission” means the city commission of the city of Shelton, Washington.
“Special event” means any activity which attracts, seeks to attract, or otherwise generates or causes a number of participants or spectators, for a particular and limited purpose and time, to gather. Special events include, but are not limited to: fun runs, roadway foot races, bike-a-thons, parades, street fairs, sidewalk sales, circuses, carnivals, shows, exhibitions, festivals, fairs and other events that will extraordinarily impact or obstruct public right-of-ways, public property or public services. (Ord. 1467-397 § 1 (part), 1997)
5.46.020 Administration.
The regulation of this chapter shall be under the supervision of the city administrator; provided, however, that the city administrator may delegate the duty of enforcing the provisions of this chapter to other designees. The city administrator or designee may adopt written procedures for the purpose of carrying out the provisions of this chapter, provided that said determinations are not contrary to this chapter. (Ord. 1467-397 § 1 (part), 1997)
5.46.030 Permit required.
No person shall hold or conduct any special event, governed by this chapter, without first obtaining a special event permit. (Ord. 1467-397 § 1 (part), 1997)
5.46.040 Exemptions.
A. This chapter shall not apply to residential areas zoned for single-family residential use when the right-of-ways immediately adjacent to the individual’s residence are 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, however, 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.
B. This chapter shall not apply to any improvement or maintenance work performed by the city, or to street, utility and related construction work authorized by any other permit or ordinance. (Ord. 1467-397 § 1 (part), 1997)
5.46.050 Applications.
A. Applications shall be made to the city on a form prescribed and provided by the city. The application shall contain such information as the city deems necessary, which may include, but not be limited to:
1. Evidence that the applicant is either the owner or entitled to possession of any property which is not public area, to be used;
2. A full and complete description of the special event;
3. The use to be made of any public area by the applicant; and
4. The duration of the special event and proposed use.
B. Applications for special event permits shall be submitted to the city no later than thirty working days prior to the proposed event. The city administrator may waive this time limit for good cause. (Ord. 1467-397 § 1 (part), 1997)
5.46.060 Issuance of permit.
A. Upon receipt of a complete application, the city administrator shall make a determination regarding said permit within ten working days of the date of receipt of the complete application. The permit shall be issued to the applicant conditioned upon the applicant’s written agreement to comply with the terms of such permit as determined by the city. The terms of a special event permit, and the city’s consideration, shall include, but are not limited to, the following:
1. The time, hours, locations, and size of the special event.
2. Measures necessary to mitigate the disruption or impedance of the movement of traffic within the city.
3. Evidence that the location or type of the special event will not cause undue hardship for neighboring businesses or residents.
4. The special event shall not, in the judgment of the city, require the diversion of so many police officers that it would unreasonably affect police protection for the remainder of the city and its residents.
5. The special event shall not interfere with access for police, fire prevention, emergency and/or medical services and mitigation measures, as appropriate, shall be required to ensure same.
6. Any structure temporarily erected as a part of the special event will not extend or protrude into or over any portion of the public space that is open to vehicle or pedestrian travel in such a manner as to create a likelihood of endangering the use of such space by vehicles or pedestrian travel.
7. If the special 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 areas within every sixty day period, provided however, that this maximum period may be waived with the written permission of the adjacent property owners. In the event the special 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 shall be maintained at all times.
8. The applicant agrees to indemnify, hold harmless and defend the city, its officers, agents and employees from any and all claims, losses or liability of whatever nature that may arise out of or in any way connected to the applicant’s special event. Applicant shall provide written proof of insurance coverage satisfactory to the city prior to obtaining said permit.
9. The applicant remits all fees, charges, deposits, taxes, insurance or bonds which may be required by the city in a timely fashion.
10. The applicant meets such other conditions as are imposed by the city to reasonably assure that the special event does not in any way create a likelihood of endangering those who are lawfully using the public place or right-of-ways.
B. The city reserves the right to impose special conditions based upon the particular circumstances of each special event, including, but not limited to, the permittee employing city police officers to direct, block or control pedestrian or vehicular traffic.
C. All conditions shall be subscribed on or attached to the permit. (Ord. 1467-397 § 1 (part), 1997)
5.46.070 Revocation.
A. All permits issued pursuant to this chapter shall be temporary, shall vest no permanent right in the applicant and may be revoked by the city as follows:
1. Immediate revocation in the event of a violation of any of the terms and conditions of the permit;
2. Without notice in the event such use shall become, for any reason, dangerous or any structure of obstruction permitted shall become insecure or unsafe;
3. Upon thirty days notice if the permit was not for the specified period of time and is not covered by the preceding subsections.
B. If any use or occupancy for which the permit has been revoked is not immediately discontinued, the city may remove any such structure or obstruct or cause to be made 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 which shall be assessed against the permittee, including all professional fees associated with enforcement of the collection of the same. (Ord. 1467-397 § 1 (part), 1997)
5.46.080 Appeal.
Any decision of the city administrator or his designee with respect to the issuance or refusal to issue a permit or his revocation of or his refusal to revoke a permit may be appealed to the city commission by filing a letter of appeal stating the reasons for the appeal of such decision, with the city clerk within five working days of the date of issuance of the decision being appealed. The city commission shall review the appeal and issue a final decision within ten working days of the date of the filing of the appeal. (Ord. 1467-397 § 1 (part), 1997)
5.46.090 Penalties.
A. Criminal Penalty. Any person who willfully violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of this chapter or its provisions shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not in excess of one thousand dollars or by imprisonment in the jail for not to exceed ninety days or by both such fine and imprisonment. Each day that a violation exists shall constitute a separate offense.
B. Civil Penalty. In addition to the foregoing criminal remedy, the violation of any of the provisions of this chapter may be deemed by the city to be a nuisance and threatening to the health and safety of the citizens of Shelton. The city may utilize any civil remedy available to it under the laws of the state of Washington to enforce these provisions, including injunctive relief. Furthermore, any person violating any of the provisions of this chapter may become liable to the city for any direct or indirect expense, loss or damage occasioned the city by reason of such violation. (Ord. 1467-397 § 1 (part), 1997)