Chapter 8.36
SPECIAL EVENT PERMITS

Sections:

8.36.010    Definitions.

8.36.020    Special event permit required.

8.36.030    Exemptions.

8.36.040    Application.

8.36.050    Minimum requirements for special event permit.

8.36.060    Grounds for denial.

8.36.070    Fees.

8.36.080    Appeals.

8.36.085    Park hearings officer.

8.36.090    Penalty for violation.

8.36.100    Revocation.

8.36.010 Definitions.

A.    “Block party” means a limited street closure within a residentially zoned area for the purposes of holding a gathering involving the immediately surrounding residents.

B.    “Funeral procession” means a single direct movement from a mortuary or church to the place of burial of a human body, under direction of an authorized funeral director.

C.    “Parade” means a march or procession of any kind.

D.    “Private event” means an event held on private property that is not open to the public.

E.    “Special event” includes 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 the need for city-provided emergency services such as police, fire, or medical aid. Special events may include, but are not limited to, a temporary activity such as a photography or videography shoot, movie filming, carnival, parade, assembly, procession, block party, run/walk/bike event, community sponsored activity, art and craft fairs, or other similar functions.

F.    “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.

G.    Temporary. For the purposes of this chapter only, “temporary” means no more than seven consecutive days during any calendar year. (Ord. 19-17 § 3 (part), 2019: Ord. 12-07 § 1 (part), 2012: Ord. 06-09 § 1 (part), 2006)

8.36.020 Special event permit required.

A special event permit shall be required prior to conducting a special event unless specifically exempted. Any and all other state, federal, and/or local permits required to operate the special event must be obtained prior to operation. (Ord. 19-17 § 3 (part), 2019: Ord. 12-07 § 1 (part), 2012: Ord. 06-09 § 1 (part), 2006)

8.36.030 Exemptions.

The following activities are exempt from the permit requirements for special events:

A.    Events conducted by the city of Battle Ground;

B.    Funeral processions;

C.    Events conducted in a facility designed for that purpose, such as churches, event centers, schools, etc.;

D.    Events conducted with a valid parks lease agreement;

E.    Private events conducted on private property unless the event will 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 the need for city-provided emergency services such as police, fire, or medical aid. (Ord. 19-17 § 3 (part), 2019: Ord. 12-07 § 1 (part), 2012: Ord. 08-07 § 1, 2008: Ord. 06-09 § 1 (part), 2006)

8.36.040 Application.

A.    A special event application as provided by the community development department shall be completed and submitted at least sixty days prior to the event. Applications submitted less than sixty days prior to the event may be accepted if the community development director finds that there is adequate time to properly process the request, that all requirements of the permit can be met without undue strain on city resources and the date and venue are available for use. Additional information may be required as deemed necessary by the community development director or designee to properly review and process the application.

B.    All applications must be signed by the responsible party under penalty of perjury to ensure the health, safety and welfare of the citizens of Battle Ground. (Ord. 19-17 § 3 (part), 2019: Ord. 16-10 § 3 (part), 2016: Ord. 12-07 § 1 (part), 2012: Ord. 08-07 § 2, 2008: Ord. 06-09 § 1 (part), 2006)

8.36.050 Minimum requirements for special event permit.

The following standards are the minimum necessary to receive a permit. The community development director or designee may impose additional conditions in order to protect the public’s health, safety and general welfare.

A.    The park location, size and features are suitable for the proposed event and will not be harmful to the health, safety and welfare of the community.

B.    Provisions are made for parking, waste management, restroom facilities, traffic control and circulation, security, compliance with noise restrictions, health and safety and access as may be required by the city.

C.    Closures of public streets and/or access ways will not result in a serious inconvenience to the general public and appropriate provisions for emergency vehicle access are provided.

D.    Prior to commencing operation, the event site and/or route may be reviewed and/or inspected by city officials, which may include the city police department, Clark County Fire District 3 and any other official deemed appropriate by the parks and recreation director to ensure the protection of the public health, safety and welfare.

E.    For special events involving the use of city facilities, parks or public right-of-way, proof of general or commercial liability insurance, as deemed appropriate by the city, with coverage in the amount of two million dollars per occurrence, unless an additional amount is required for the activity per the city manager. The city manager may allow a lower amount or waive this requirement when the event is not open to the general public and the risks presented by the request justify a lower amount. Said insurance shall be provided by an insurance carrier approved by the city and in a form approved by the city, shall name the city of Battle Ground as an additional insured, and shall provide that the insurance shall not be canceled without prior written notice to the city. Insurance provisions may not be required for block party or group picnic events. In addition, the applicant shall execute an agreement to indemnify, defend, and hold harmless the city, its officials, employees and volunteers from and against any and all claims, suits, actions, or liabilities associated with the operation of the special event.

F.    If the special event is to be held on city-owned property, the city may require either a damage deposit or a bond to pay for any repairs and/or replacement of park property or assets that may arise from the special event. The amount of the deposit or bond shall be determined by the parks and recreation director or designee.

G.    A Clark County health district permit shall be posted on site for any use that provides beverage and/or food service that requires such a permit. The special event permit applicant is responsible for securing all health department permits and food handlers cards as required by the Clark County health district.

H.    Where a permit will result in the closure of a city property or right-of-way to use by the general public the applicant may be required to post notice of the closure at least forty-eight hours in advance of the event. Failure by the event organizer to fulfill this requirement as part of the permit application and approval process may result in the event being canceled and the permit revoked.

I.    A copy of the approved special events permit shall be maintained at the location of the special event throughout the duration of the event.

J.    Events shall comply with the noise standards of Chapter 9.42 BGMC unless specifically identified within the application. Requests for exceptions to the noise standards will be considered based on the nature of the event and the surrounding area. If an exception is permitted the applicant shall be required to mail a notice of said exception to all property owners within two hundred fifty feet of the site prior to the event.

K.    For special events involving the use of city facilities, parks or public rights-of-way, the permit applicant must agree to reimburse the city for any costs incurred by it in repairing damage to the city property and indemnify, defend, and the hold the city harmless 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. 19-17 § 3 (part), 2019: Ord. 16-10 § 3 (part), 2016: Ord. 12-07 § 1 (part), 2012: Ord. 08-07 § 3, 2008: Ord. 06-09 § 1 (part), 2006)

8.36.060 Grounds for denial.

Approval of a special event permit may be denied or revoked if the parks and recreation director reasonably determines that:

A. The proposed event is not consistent with the standards of BGMC 8.36.050.

B. The proposed event would endanger public health or safety.

C. The proposed event would seriously inconvenience or impair the general public’s use of public property, services or facilities.

D. The proposed event interferes with another event for which a permit has previously been granted.

E. The proposed event would interfere with any construction or maintenance work scheduled to take place upon public property or right-of-way.

F. The purpose of the event is to incite crime or the overthrow of the government by force. (Ord. 19-17 § 3 (part), 2019: Ord. 12-07 § 1 (part), 2012: Ord. 08-07 § 4, 2008: Ord. 06-09 § 1 (part), 2006)

8.36.070 Fees.

A.    Where fees are required by event category for the issuance of permits, payments of such fees will be required before permits are issued.

B.    The special event permit applicant is responsible for payment of all costs that may be incurred by the city as a result of the planning of the event, the occurrence of the event, and/or the activities following the event, including legal fees. Failure to pay such costs may result in a lien or a collection action against the permit applicant with all costs of such actions being in addition to the fees owed.

C.    No fee, indemnification agreement, or insurance requirement shall be imposed when prohibited by the First and Fourteenth Amendments to the United States Constitution. Political or religious activity intended primarily for the communication or expression of ideas shall be presumed to be a constitutionally protected event. Factors that may be considered in evaluating whether or not the fee applies 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. (Ord. 19-17 § 3 (part), 2019: Ord. 16-10 § 3 (part), 2016: Ord. 12-07 § 1 (part), 2012: Ord. 08-07 § 5, 2008: Ord. 06-09 § 1 (part), 2006)

8.36.080 Appeals.

Any party, including the applicant, may appeal the community development director’s decision to issue or not to issue a special event permit. A written appeal must be received by the city clerk within ten days after a written decision. A hearing shall be held by the city manager not more than ten business days after the receipt of the request for a hearing. In the event there is insufficient time for the appeal to be heard on this timeline prior to the date of the proposed special event, the city manager may set an expedited appeal schedule as appropriate. The city clerk shall give the appellant reasonable notice of the appeal hearing. The holder or applicant shall have the right to attend said hearing and present evidence. Any hearing under this chapter shall be conducted during normal business hours, on an informal basis. A record of the hearing, including the date of hearing, who was present, and the findings made as to whether or not the decision was consistent with the approval criteria, shall be made in writing. The city manager shall render a decision on whether or not the decision of the community development director was consistent with the approval criteria. The decision of the city manager shall be final. (Ord. 19-17 § 3 (part), 2019: Ord. 12-07 § 1 (part), 2012: Ord. 08-07 § 6, 2008: Ord. 06-09 § 1 (part), 2006)

8.36.085 Park hearings officer.

The city manager shall appoint a park hearings officer who shall conduct a hearing if an appeal is filed pursuant to BGMC 8.36.080. (Ord. 19-17 § 3 (part), 2019: Ord. 12-07 § 1 (part), 2012)

8.36.090 Penalty for violation.

Any person, association, corporation, firm, partnership or other organization violating or failing to comply with any provisions of this chapter shall be guilty of a gross misdemeanor and upon conviction shall be punished by a fine of up to five thousand dollars, up to a year in jail and two years of probation with conditions deemed appropriate by the court. Perjury can be punished as a felony by the state of Washington under Chapter 9A.72 RCW. Each day of violation shall constitute a separate offense. (Ord. 19-17 § 3 (part), 2019: Ord. 16-10 § 3 (part), 2016: Ord. 12-07 § 1 (part), 2012: Ord. 06-09 § 1 (part), 2006)

8.36.100 Revocation.

A. A special events permit issued under this chapter shall be temporary, shall vest no permanent rights in the applicant, and may be immediately revoked or suspended by the parks and recreation director or designated appointee if:

1. The applicant has made a misstatement of material fact in the information supplied; the applicant has failed to fulfill a term or condition of the permit in a timely manner; or the check submitted by the applicant in payment of the fee for a permit has been dishonored;

2. The applicant requests the cancellation of the permit or cancels the event;

3. The activity endangers or threatens persons or property, or otherwise jeopardizes the health, safety or welfare of persons or property;

4. The activity conducted is in violation of any of the terms or conditions of the special events permit;

5. An emergency or supervening occurrence requires the cancellation or termination of the event in order to protect the public health or safety;

6. Fails to prepay any required permit fees and/or provide the required insurance coverage to the city.

B. The city shall refund the permit fee in the event of a revocation caused by an emergency or supervening occurrence; the city shall process any refund requests based on the city special event permit procedures. (Ord. 19-17 § 3 (part), 2019: Ord. 12-07 § 1 (part), 2012: Ord. 06-09 § 1 (part), 2006)