Chapter 5.15
PARADES AND SPECIAL EVENTS
Sections:
5.15.060 Denial of application.
5.15.010 Definitions.
For the purposes of this chapter, the following words and phrases used herein mean the following:
A. “Applicant” shall mean any person or organization who seeks a special event permit from the city to conduct or sponsor an event governed by this chapter.
B. “Athletic event” shall mean an occasion in which a group of persons collect to engage in or watch a sport or form of physical exercise on a city street, sidewalk, alley or other street right-of-way, and which is likely to significantly obstruct, delay or interfere with the normal flow of pedestrian or vehicular traffic, or does not comply with traffic laws and controls. Athletic events include bicycle and foot races.
C. “City” shall mean the mayor or his/her appointed designee.
D. “Expressive event of a time-sensitive nature” shall mean any special event involving constitutionally protected activity, including but not limited to rallies, protests or vigils addressing current political, religious or social issues, when the organizers could not have reasonably anticipated their need for such event in advance of the 20-day permitting timeline established by BLMC 5.15.040.
E. “Other special event” shall mean a street fair, arts and craft show, carnival, rally, dance or other event that occurs on a city street, sidewalk, alley or other street right-of-way, and which is likely to significantly obstruct, delay or interfere with the normal flow of pedestrian or vehicular traffic, or does not comply with traffic laws and controls.
F. “Parade” shall mean a march, walk or procession consisting of any number of persons, animals, or vehicles, or a combination thereof, on any city street, sidewalk, alley or other street right-of-way, which is likely to significantly obstruct, delay or interfere with the normal flow of pedestrian or vehicular traffic, or which does not comply with traffic laws and controls.
G. “Permit application fee” shall mean the fee to be paid by the special event permit applicant at the time the application is filed with the city. A fee shall be set by the city council and shall cover the actual full costs (or a portion thereof) of processing special event applications and administering the provisions of this chapter.
H. “Permittee” shall mean any person or organization who has been issued a special event permit by the city. The permittee shall have authority, subject to approval by the city, to determine participation in commercial activities during a special event.
I. “Refundable deposit” shall mean the amount of money required of a permittee by the public works department in order to assure adequate cleanup of the special event site. The deposit shall be returned to the permittee upon the completion of the event and approval of the public works department.
J. “Special event permit” shall mean the permit issued by the city after the applicant has met all applicable reviews and requirements as set forth in this chapter.
K. “Bona fide charitable or nonprofit organization” means any organization for which contributions to such organization qualify for charitable contribution deduction purposes or which is otherwise exempt from payment of federal income taxes, all pursuant to the Internal Revenue Code of 1954, as amended. A certificate of incorporation demonstrating an organization duly exists under the provisions of Chapter 24.12, 24.20 or 24.28 RCW shall constitute prima facie evidence that the organization is a bona fide charitable or nonprofit organization for purposes of this chapter. (Ord. 1262 § 1, 2007; Ord. 990 Att. A, 2003; Ord. 946 § 1, 2002).
5.15.020 Permit required.
A. Any person desiring to conduct or sponsor a parade, athletic event or other special event in the city of Bonney Lake which will necessitate the use of a public right-of-way or street shall first obtain a special event permit from the city.
B. State Route 410 cannot be part of the route without permits and written notices with the Washington State Department of Transportation.
C. State Route 410 can be crossed only at the intersections where traffic devices or traffic intersection lights are installed. (Ord. 1262 § 1, 2007; Ord. 990 Att. A, 2003; Ord. 946 § 1, 2002).
5.15.030 Permit fee.
A. The fee for a special event permit shall be $100.00. The applicant shall also be billed for any necessary police, public works, or other city personnel or services and/or Pierce County Fire District No. 22 services required as a result of the special event. A $500.00 refundable deposit shall be paid at the time the application is submitted to cover cleanup or damage costs. If the damage or cleanup exceeds $500.00, the organization will reimburse the city of Bonney Lake as specified in BLMC 5.15.080. If the cost for city personnel or services is known prior to the special event, payment of that fee is required prior to the special event permit being issued. No additional special event permits shall be issued for an applicant until all previous fees have been paid.
B. Nonprofit Exemption. Activities regulated by this chapter which are sponsored, operated and managed by a bona fide charitable or nonprofit organization or entity, as defined by BLMC 5.15.010, are exempt from the payment of any fees provided herein; however, the refundable deposit shall not be exempt. (Ord. 1262 § 1, 2007; Ord. 990 Att. A, 2003; Ord. 946 § 1, 2002).
5.15.040 Permit application.
A. Any person desiring to sponsor a parade, athletic event or other special event shall apply for a special event permit by filing an application with the city, on the form as supplied by the city, not more than six months and not less than 20 city working days prior to the date on which the event is to occur. Expressive events of a time-sensitive nature shall apply for a special event permit not less than two city working days prior to the date on which the event is to occur.
B. The application shall set forth the following information:
1. The name, address and telephone number of the person seeking to conduct the parade or special event;
2. The name, address and telephone number of an emergency contact;
3. The type of activity planned;
4. The date(s) when the event is taking place including start and end time;
5. The route to be traveled (include a map), the starting and ending point as well as rest stop locations;
6. The approximate number of participants and staff or volunteers;
7. The number and type of animals or vehicles taking part in the event;
8. A statement as to whether the event will occupy all or only a portion of the width of the streets proposed to be traversed;
9. The location by streets of any assembly areas;
10. A copy of any brochures, posters, flyers or mailings advertising the event;
11. Whether food and/or beverages will be sold (in which case all necessary permits shall be obtained).
C. The city shall issue the special event permit once the application has been approved after review of appropriate city departments to include police, fire, public works, community development and others as determined by the city, and the applicant has agreed in writing to comply with the terms and conditions of the permit.
D. Immediately upon issuance or denial of a permit, the city shall send a copy thereof to the members of the city council. (Ord. 1262 § 1, 2007; Ord. 990 Att. A, 2003; Ord. 946 § 1, 2002).
5.15.050 Permit issuance.
The city shall approve, conditionally approve, or deny an application based on the recommendations of city departments involved in the review process of the application for a special event permit and the grounds specified in BLMC 5.15.060 within 10 city working days of the application. In the case of an expressive event of a time-sensitive nature, the city shall approve, conditionally approve, or deny an application before the scheduled commencement of the event. If the application is denied or conditionally approved, the city shall inform the applicant of the grounds for denial, or the reason for a change in the date, time, route or location of the event. The applicant shall be notified of any permit conditions at the time the application is approved. (Ord. 1262 § 1, 2007; Ord. 990 Att. A, 2003; Ord. 946 § 1, 2002).
5.15.060 Denial of application.
A special event permit shall be denied based upon the determination that:
A. The event would seriously endanger public safety;
B. The use or activity intended by the applicant is prohibited by law or by this code;
C. There are not sufficient public safety personnel or other necessary city staff to accommodate the event;
D. The applicant fails to complete the application form after having been notified of the additional information or documents required; or
E. Information contained in the application, or supplemental information requested from the applicant, is found to be false in any material detail. (Ord. 1262 § 1, 2007; Ord. 990 Att. A, 2003; Ord. 946 § 1, 2002).
5.15.070 Permit conditions.
The city may condition the issuance of a special event permit by imposing reasonable requirements 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. Such conditions may include but are not necessarily limited to:
A. Alteration of the date, time, route or location of the event proposed on the event application.
B. Conditions concerning the area of assembly and disbanding of an event occurring along a route.
C. Conditions concerning accommodation of pedestrian or vehicular traffic, including restricting the event to only a portion of the street.
D. Requirements for the use of traffic cones or barricades (must meet Manual of Uniform Traffic-Control Devices Code).
E. Requirements for the provision of first aid or sanitary facilities.
F. Requirements for use of event monitors and providing notice of permit conditions to event participants.
G. Restriction on the number and type of vehicles, animals or structures at the event.
H. Compliance with animal protection ordinances and laws.
I. Requirements for use of garbage containers, cleanup and restoration of city property.
J. Restrictions on the use of amplified sound.
K. Twenty-four-hour advance notice to residents and/or businesses regarding any activity which would require a street closure.
L. Pre-event street closure signage and detour sign and routing plan. (Ord. 1262 § 1, 2007; Ord. 990 Att. A, 2003; Ord. 946 § 1, 2002).
5.15.080 Indemnification.
A. Prior to the issuance of a special event permit, the permit applicant and authorized officer of the sponsoring organization must agree to reimburse the city of Bonney Lake for any costs incurred by the city in repairing damage to city property occurring in connection with the permitted event that exceed the damage deposit.
B. Permittee agrees to defend, indemnify and save harmless the city, its appointed and elective officers and employees, from and against all loss or expense, including but not limited to judgements, settlements, attorney’s fees and costs by reason of any and all claims and demands upon the city, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property including loss of use therefrom, arising out of any activity under or in connection with this event, except only such injury as shall have been occasioned by the sole negligence of the city, its appointed or elected officers or employees, and Pierce County Fire District No. 22.
C. The city has the authority to require a refundable deposit at the direction of the public works director relating to reimbursement of costs for cleanup services. (Ord. 1262 § 1, 2007; Ord. 990 Att. A, 2003; Ord. 946 § 1, 2002).
5.15.090 Insurance required.
A. Permittee shall provide the city with proof of commercial general liability insurance in the amount of $1,000,000 combined single limits per occurrence, and an endorsement naming the city of Bonney Lake as an additional insured and P.C.F.D. No. 22. The insurance coverage shall extend at least one day before and after the event with the certificate of insurance provided to the city not less than five days prior to the event. In the case of an expressive event of a time-sensitive nature, the certificate of insurance shall be provided to the city before the scheduled commencement of the event.
B. In the case of special event activity on city-owned, leased property, the lessee shall also be named as an additional insured, and written approval from the lessee for the requested activity shall be provided to the city. (Ord. 1262 § 1, 2007; Ord. 990 Att. A, 2003; Ord. 946 § 1, 2002).
5.15.100 Exemptions.
The provisions of this chapter shall not apply to:
A. Funeral processions;
B. Groups required by law to be so assembled. (Ord. 1262 § 1, 2007; Ord. 990 Att. A, 2003; Ord. 946 § 1, 2002).
5.15.110 Violation.
Any violation of this chapter by any promoter, sponsor or organizer of an event subject to this chapter, or by any participant in an event subject to this chapter, shall be a misdemeanor. (Ord. 1262 § 1, 2007; Ord. 990 Att. A, 2003; Ord. 946 § 1, 2002).
5.15.120 Grievance procedure.
Any person aggrieved by the determination of the city in denying an application for a permit, imposing conditions upon approval of an application for a permit, or revoking a permit may lodge a grievance regarding such determination with the city council, which shall have full discretion in determining whether and how to hear and resolve such grievance, and which determination shall be final. (Ord. 1262 § 1, 2007; Ord. 990 Att. A, 2003; Ord. 946 § 1, 2002).