Chapter 10.30
SPECIAL EVENT PERMIT

Sections:

10.30.010    Definitions.

10.30.020    Permit required.

10.30.030    Application for permit.

10.30.040    Timeline for a special event.

10.30.050    Issuance of permit and fees.

10.30.060    Scope and requirements of permit.

10.30.070    Denial of permit.

10.30.080    Appeal.

10.30.010 Definitions.

For the purpose of this chapter, the following terms, phrases, words, and their derivations shall have the meaning given herein unless the context requires otherwise:

(1) “Organizer” means a person which conducts, manages, promotes, organizes, aids or solicits attendance at a special event.

(2) “Special event” means an organized parade, procession, race, public assembly, performance, rally, meeting, contest, exhibit, athletic competition or presentation or other public assembly likely to consist of 25 or more persons, animals, vehicles or any combination thereof, which is to travel, assemble or use in unison or for a common purpose any right-of-way not comporting with the normal or usual regulation or control thereof. (Ord. 379-2023 § 1 (Exh. A))

10.30.020 Permit required.

(1) A person wishing to use the right-of-way for a special event must apply for and obtain a special event permit from the city pursuant to this chapter, except:

(a) A funeral procession that:

(i) Is escorted by at least one person authorized by the city administrator or designee to direct traffic for such purposes; and

(ii) Follows routes established by the city administrator or designee;

(b) The United States armed forces; or

(c) The state military forces.

(2) It is unlawful to conduct a special event without first obtaining a special event permit. (Ord. 379-2023 § 1 (Exh. A))

10.30.030 Application for permit.

(1) An application for a special event permit must be on the form provided by the city and include any fee as set by council resolution.

(2) The city provided form will require, at a minimum, the following:

(a) The names, addresses and telephone numbers of the persons applying as organizers or to act as primary contacts or sponsors for the special event;

(b) The dates proposed for the special event;

(c) The proposed times for commencing and ending the special event each day it is to be held;

(d) The proposed location(s) for the special event;

(e) A traffic control plan that addresses likely traffic impacts to result from the proposed special event;

(f) A plan relating to the provision of sanitation facilities for use by the attendees at the special event;

(g) Information relating to the provision of equipment and services to protect special event attendees and public health and safety, including the provision of first aid or emergency medical services;

(h) If the special event is in any way mobile, a description and map of the proposed route;

(i) Whether alcoholic beverages are expected to be sold, served or otherwise made available or consumed by attendees of the special event;

(j) Evidence that an organizer has received the approval of all other local, state or federal regulatory agencies that have jurisdiction over the activities anticipated to be conducted at the special event, such as Liquor Commission approval for an event to include alcoholic beverage sale or consumption and outdoor merchandising and outdoor entertainment permits, if necessary, as provided in Chapter 5.10 HMC;

(k) Whether there will be a fee, charge or cost imposed for participation in the special event;

(l) Evidence that the organizer has caused notice of the proposed special event to be given to the owners of property abutting the location or route of the special event; and

(m) Evidence of compliance with the city of Hubbard’s insurance requirements. (Ord. 379-2023 § 1 (Exh. A))

10.30.040 Timeline for a special event.

(1) Completed applications for a special event permit must be filed with the city between 30 days and 18 months prior to the proposed beginning date for the special event except as set forth under subsection (2) of this section.

(2) The city administrator or designee may act upon an application for a special event permit filed less than 30 days prior to the proposed beginning date of the event for good cause.

(3) An application for a special event permit is not complete until the applicant has provided everything set out under HMC 10.30.030 and Chapter 12.05 HMC, if applicable, and such additional information or evidence the city administrator or designee may reasonably request.

(4) The date for a special event may not be confirmed until the special event permit has been formally issued. (Ord. 385-2023 § 1; Ord. 379-2023 § 1 (Exh. A))

10.30.050 Issuance of permit and fees.

(1) Except as may be provided elsewhere in this chapter, the city administrator or designee will take final action on a completed application for a special event permit as soon as practicable and in no more than 15 business days after receipt of a completed application unless extended an additional 15 business days at the request of the city administrator or designee and as approved by the organizer or as excepted under subsection (2) of this section.

(2) The city administrator or designee need not act on an application for a special event permit prior to 180 calendar days before the special event.

(3) The city administrator or designee is not required to take final action on an incomplete or untimely special event permit application.

(4) The city administrator or designee is not required to process more than one application for a special event permit per organizer during any two-week period.

(5) The issuance of a special event permit does not relieve any person involved in the special event from meeting any requirements or obligations imposed by other local, state or federal laws.

(6) The permit fee for a special event shall be $20.00 per day of the special event and shall be paid before the permit is issued. (Ord. 379-2023 § 1 (Exh. A))

10.30.060 Scope and requirements of permit.

(1) The city administrator or designee may approve, approve with conditions or deny an application for a special event permit.

(2) In determining the required amount of general liability insurance coverage, the city administrator or designee will consider, consistent with recognized insurance and risk management standards, whether the proposed special event falls into a demonstrated high or low risk category and may authorize a greater or lesser amount or different type of coverage than otherwise required by the city.

(3) Decisions by the city administrator or designee under subsection (1) of this section will be in writing and may contain information or conditions relevant to the special event on:

(a) The location or specific route;

(b) The dates and start, disbanding and finish times;

(c) The minimum and maximum speeds for involved vehicles, whether motorized or nonmotorized;

(d) The portion of the right-of-way to be used or occupied;

(e) The anticipated number of persons, animals, vehicles, musical and sound production equipment expected to participate;

(f) The amount and type of insurance coverage required;

(g) The traffic control plan, including the type, number and location of traffic control devices and personnel;

(h) The intended provision of equipment and services to protect participants, spectators and the public health and safety, including the provision of medical and sanitation services; and

(i) Such other information or conditions that the city administrator or designee believes necessary, including a requirement that a person responsible for the special event be present during its operating hours.

(4) The issuance of a special event permit confers the right to control and regulate activities within the special event location or route consistent with the terms of the special event permit only.

(5) Persons authorized by an organizer to engage in activities covered by the special event permit must receive and thereafter display written authorization.

(6) Issuance of a special event permit neither obligates nor requires the city to provide any support to the special event. (Ord. 379-2023 § 1 (Exh. A))

10.30.070 Denial of permit.

(1) The city administrator or designee may deny a special event permit:

(a) For failure to comply with HMC 10.30.030 or 10.30.040(1);

(b) For failure to comply with the conditions of a previously issued special event permit;

(c) Because the proposed special event conflicts with an activity already scheduled;

(d) Because the special event may violate public health or safety regulations; or

(e) Because an organizer demonstrates an unwillingness or inability to conduct the proposed special event pursuant to the terms of this chapter.

(2) The city administrator or designee will give written notice of denial of an application for special event permit to an organizer at the address listed on the application and set out in brief the reason for said denial. (Ord. 379-2023 § 1 (Exh. A))

10.30.080 Appeal.

(1) An organizer that applied for a special event permit may appeal its denial or conditional approval by filing an appeal to the city council which must:

(a) Be written;

(b) Include a copy of the city administrator or designee’s decision;

(c) Include a short statement why the decision is illegal, erroneous or otherwise improper;

(d) Be addressed to the city recorder; and

(e) Be filed with the city within seven business days of the date the city administrator or designee’s decision is mailed.

(2) Upon receipt of a properly filed appeal of denial or conditional approval of an application for a special event permit, the city council will:

(a) Consider the appeal within 21 days;

(b) If deemed appropriate by the city council, hear argument and consider new evidence from the organizer as well as from city staff or interested persons;

(c) Issue a decision either orally or in writing to affirm, reverse or modify the city administrator or designee’s decision.

(3) The decision of the city council is final and may only be reconsidered by writ of review. (Ord. 379-2023 § 1 (Exh. A))