Chapter 5.40
SALMON DAYS
Sections:
5.40.010 Definitions.
5.40.020 Booth required – Exemptions.
5.40.021 Permit application deadline.
5.40.040 Designated areas for leafleting, entertaining, and nonprofit distribution.
5.40.050 Salmon Days sign code.
5.40.060 Loudspeakers and megaphones.
5.40.070 Penalties for violation.
5.40.010 Definitions.
A. “Person” means any individual person, group of people, public or private corporation, nonprofit corporation, or any other association of people.
B. “Sales activity” means distributing or seeking to distribute any goods or services in exchange for some consideration.
C. “Solicitation activity” means seeking donations of money, signatures, sweepstakes entries, or any other similar type of solicitation requiring input from the solicitee for any purpose.
D. “Festival” means the Issaquah Salmon Days festival which occurs the first full weekend of the month of October.
E. “Festival area” means the location of the Issaquah Salmon Days festival as indicated on the special event/special use permit issued by the City of Issaquah to the Festival Events Division of the Greater Issaquah Chamber of Commerce. A map depicting the exact boundaries of the festival area is attached to the ordinance codified in this chapter as Exhibit A.
F. “Festival Events Division of the Greater Issaquah Chamber of Commerce” means the committee of the Greater Issaquah Chamber of Commerce that acts as the official organizers of the festival.
G. “Booth” means a designated area within the festival area that the Festival Events Division of the Greater Issaquah Chamber of Commerce has assigned to a specific person for the purpose of sales activities, solicitation activities, or any other lawful purpose.
H. “Nonprofit distribution” means distribution of any goods, services, brochures, pamphlets, coupons, or any other material where the distributor seeks no consideration in return from the recipient.
I. “Leafleting” means distribution of leaflets.
J. “Organized protesting” means protesting, demonstrating, sign holding, chanting, singing, shouting, leafleting, or campaigning with a group of 20 or more people.
K. “Nonscheduled entertaining” means any entertainment not officially scheduled by the Festival Events Division of the Greater Issaquah Chamber of Commerce including but not limited to busking, juggling, miming, performing music or magic, etc., whether or not such entertaining is done seeking tips from the attendees.
L. “Purely oral communication” means communication solely using one’s unamplified voice.
M. “Attendee” means any person who attends the Salmon Days festival with the exception of Festival Events Division of the Greater Issaquah Chamber of Commerce members and their authorized employees, agents, and volunteers, those individuals authorized to remain within a booth as an employee or volunteer of the booth operator, and the members of the City of Issaquah Police Department. (Ord. 2371 § 1, 2003; Ord. 2268 § 1, 2000).
5.40.020 Booth required – Exemptions.
A. All persons desiring to engage in any sales activities or solicitation activities during the festival within the city limits must do so from within a booth rented from and/or specifically permitted or authorized by the Festival Events Division of the Greater Issaquah Chamber of Commerce or the City of Issaquah. It shall be a misdemeanor to engage in any sales activity or solicitation activity where the seller or solicitor is not located within such a booth. Before enforcing this subsection, police officers shall give a verbal warning informing the violator of this chapter, the potential for arrest, and the potential for confiscation of the goods being sold. If the violator continues the activity after this warning, the police may arrest the violator and confiscate goods to be sold.
B. A booth shall not be required for the purposes of nonprofit distribution, but such nonprofit distribution must be confined to the boundaries of the area designated for such purpose pursuant to IMC 5.40.040.
C. A booth shall not be required for existing businesses conducting normal daily business activities in or on their normal location. (Ord. 2371 §§ 2, 3, 2003; Ord. 2268 § 1, 2000).
5.40.021 Permit application deadline.
Any person desiring to obtain a permit from the City of Issaquah pursuant to IMC 5.40.020(A) in time for the Salmon Days festival in 2003 must apply to the City prior to September 15, 2003. Thereafter, applications for permits from the City for Salmon Days festival shall be made on or before September 1st of each year. Failure to apply for the permit prior to the time set forth above shall result in denial of the permit for that year. (Ord. 2371 § 4, 2003).
5.40.040 Designated areas for leafleting, entertaining, and nonprofit distribution.
A. The City of Issaquah hereby establishes designated “expression areas” within the festival area for leafleting, organized protesting, nonscheduled entertainment, and nonprofit distribution. These designated expression areas shall be located by the Festival Events Division of the Greater Issaquah Chamber of Commerce in such a way as to minimize interference with the orderly flow of pedestrian traffic through the festival area while still providing an area for members of the public to freely express themselves. The locations of the designated expression areas shall be subject to approval by the City Council prior to Salmon Days.
B. The Festival Events Division of the Greater Issaquah Chamber of Commerce shall ensure that adequate trash receptacles are located in these designated areas.
C. The designated expression areas shall be marked by at least one sign containing the words “expression area” so that police officers and Salmon Days volunteers are able to direct persons wishing to partake of these activities to that area.
D. No person shall erect a table, easel, soapbox, stand, or similar structure which could interfere with pedestrian traffic within the festival area, including the designated expression areas, without the written permission of the Festival Events Division of the Greater Issaquah Chamber of Commerce.
E. No leafleting, organized protesting, non-scheduled entertainment, or nonprofit distribution shall be allowed outside of a booth or the above-established, designated expression areas.
F. Violation of this section shall constitute a misdemeanor. Before enforcing this section, police officers shall give a verbal warning informing the violator of this chapter and of the location of the designated expression areas where such activities are allowed. If the violator continues the activity after this warning the police may arrest the violator.
G. Nothing in this section should be read to prevent attendees from expressing themselves through purely oral communication at any location within the festival area. Nothing in this section should be read to prevent attendees from carrying signs at any location within the festival area so long as the sign conforms with IMC 5.40.050. (Ord. 2371 § 5, 2003; Ord. 2268 § 1, 2000).
5.40.050 Salmon Days sign code.
A. During the festival any attendee wishing to carry a sign within the festival area must ensure that the sign conforms with the following requirements.
1. No sign may be larger than 4 square feet in area.
2. A sign may be attached to a stake, stick, pole, or other similar extension of the hand. Such stakes, sticks, and poles shall be unpointed and not exceed 1 inch by 2 inches in thickness and must be no less than 6 feet in length and no more than 8 feet in length. No other stake, stick or pole shall be allowed within the festival area unless it is a walking stick or cane needed to assist an attendee with his or her mobility, or an item purchased at a booth.
3. Signs may only be constructed of cloth, paper, cardboard, or plastic.
4. Signs may not impede vehicular or pedestrian movement or pose a safety hazard.
B. Nonconforming signs, stakes, sticks, or poles shall be confiscated by the police if the sign owner or sign holder fails to remove the sign from the festival area after being warned by a police officer that the sign is in violation of this chapter.
C. None of the above requirements pertain to signs attached to booths rented from the Festival Events Division of the Greater Issaquah Chamber of Commerce or in designated expression areas.
D. None of the above requirements pertain to signs hung or displayed pursuant to the authority of the Festival Events Division of the Greater Issaquah Chamber of Commerce for the purposes of orienting attendees or decorating the festival area. (Ord. 2398 § 1, 2004; Ord. 2371 § 6, 2003; Ord. 2268 § 1, 2000).
5.40.060 Loudspeakers and megaphones.
A. No person shall make use of a loudspeaker or megaphone within the festival area.
B. The preceding subsection shall not apply to duly authorized agents of the Festival Events Division of the Greater Issaquah Chamber of Commerce, the Issaquah Police Department, and any entertainment officially scheduled by the Festival Events Division of the Greater Issaquah Chamber of Commerce.
C. It shall be a misdemeanor to violate this section, and the police may confiscate any loudspeaker or megaphone used in violation of this section. (Ord. 2371 § 7, 2003; Ord. 2268 § 1, 2000).
5.40.070 Penalties for violation.
A. Any violation of this chapter constitutes a misdemeanor punishable pursuant to the provisions of Chapter 1.06 IMC. (Ord. 2268 § 1, 2000).