Chapter 5.06


5.06.010    Definitions.

5.06.020    Special event permit required – Criteria.

5.06.030    Application – Form – Contents.

5.06.040    Permit fee and charges.

5.06.050    Special event insurance.

5.06.060    Hold harmless agreement.

5.06.070    Limitation of liability.

5.06.080    City manager to issue permit – Criteria for issuance.

5.06.090    Permit exemptions.

5.06.100    Grounds for permit denial.

5.06.110    Revocation or suspension of permit.

5.06.010 Definitions.

In this chapter, unless the context requires otherwise, the following definitions apply:

“Event organizer” means the individual or company who is sponsoring or organizing a special event.

“Special event” means any temporary or ongoing activity that occurs on public property that affects the ordinary use of public streets, rights-of-way, sidewalks, traffic and other public places that is reasonably expected to cause or result in more than 75 people gathering in a public place; is reasonably expected to have an uncommon impact on such public place; and/or is reasonably expected to require the provision of public services. (Ord. 2095 § 2, 2012).

5.06.020 Special event permit required – Criteria.

A.    It is unlawful for any person to hold or conduct any special event in the city, or to use any street, right-of-way, or other public place in the city for any purpose unless such person has obtained and has in full force and effect a permit to do so, issued by the city.

B.    A special event permit is required to use any type of a city-owned property when one or more of the following conditions exists:

1.    The event is reasonably likely to involve more than 75 people;

2.    The proposed event is reasonably likely to require city personnel for road closures, traffic control, crowd control, or other safety and logistical support;

3.    Public rights-of-way are impeded by the event’s activities;

4.    The proposed event requires you to obtain permits from two or more city departments;

5.    Special circumstances which require (a) the coordination of multiple uses of public property; (b) assuring the preservation of public property and public places; (c) prevention of dangerous, unlawful or impermissible uses; and/or (d) protection of the safety of persons and property around the event; as determined by the city manager or designee. (Ord. 2095 § 2, 2012).

5.06.030 Application – Form – Contents.

Any person desiring to apply for a special event permit shall do so by filing a written application with the city clerk. The application shall be made on forms provided by the city and shall include, at a minimum, the following information:

A.    The name, address, telephone number of the applicant;

B.    A full and complete description of the special event sought to be held and the duration of such special event;

C.    The proposed location of the special event and the dimensions and plans for any structure to be erected or constructed in connection with the special event;

D.    An estimate of the number of persons who will or who are expected to attend the special event;

E.    Such other and further information as the city manager may reasonably require to determine whether the application and proposed use meet all of the requirements for permit issuance established by this chapter. (Ord. 2095 § 2, 2012).

5.06.040 Permit fee and charges.

A.    A fee for processing a special event permit application shall be set forth in a fee resolution adopted, and from time to time amended, by the city council. The fee shall not be based on the purpose, content, or subject matter of the special event.

B.    Repair and Replacement Charges. If the city should incur any costs in repairing or replacing any property as the result of the permittee’s actions, the costs of repair and replacement will be charged to the permittee. These charges will be for the actual costs to the city. Such charges may be collected or taken by the city from any bond or other security required as a requirement of the permit. (Ord. 2095 § 2, 2012).

5.06.050 Special event insurance.

The permittee will also be responsible for providing a certificate of insurance, for general liability, naming the city as an additional insured and providing coverage in an amount necessary to cover any and all damage to city property that may occur and to restore said property to its pre-event condition. The certificate of insurance is due to the city no later than two weeks prior to the event. This insurance requirement may be waived by the city manager or designee if he/she (A) determines that the event does not present a risk for substantial or significant public liability or property damage exposure for the city and (B) the permittee enters into a hold harmless agreement. (Ord. 2095 § 2, 2012).

5.06.060 Hold harmless agreement.

Permittee shall agree to defend, pay and save harmless the city, its officers and employees, from any and all claims or lawsuits for personal injury or property damage arising from or in any way connected to or related to (A) the permittees’ wrongful conduct at or during the event or (B) conditions at the site for which the permittee is responsible; excepting any claims arising solely out of the negligent acts of the city, its officers and employees. (Ord. 2095 § 2, 2012).

5.06.070 Limitation of liability.

This chapter shall not be construed as imposing upon the city or its officials or employees any liability or responsibility for any injury or damage to any person in any way connected to the use for which a permit has been issued. The city and its officials and employees shall not be deemed to have assumed any liability or responsibility by reasons of inspections performed, the issuance of any permit, or the approval of any use of the right-of-way. (Ord. 2095 § 2, 2012).

5.06.080 City manager to issue permit – Criteria for issuance.

All permits issued under this chapter shall be issued by the city manager or designee. Upon receipt of the comments of affected city departments on the application, the city manager shall proceed to consider whether or not the permit should be issued. A permit may be issued to the applicant only if all of the following criteria and conditions for issuance are met:

A.    Adequate plans for parking exist to meet the need generated by the proposed special event;

B.    The proposed special event or proposed use of the street will not intrude onto or over any portion of a public right-of-way open to vehicle or pedestrian travel in such a manner as to create a likelihood of endangering vehicles or pedestrians;

C.    In the case of special events such as fun runs, marathons, etc., or in the case of any street use which requires the closure of any public street or walkway, the proposed event or use will not require closure for a period longer than that established by the city manager;

D.    The proposed event will not unreasonably compound impacts of other activities such as events or construction on the date(s) requested;

E.    The proposed event location has not been unreasonably impacted by the number of events in a one-year period;

F.    City personnel and resources are available to assist with the event as deemed necessary by the city manager;

G.    Such other and further conditions as the city manager deems necessary to reasonably ensure that the proposed special event does not in any way create a likelihood of endangering those who may participate or be spectators. (Ord. 2095 § 2, 2012).

5.06.090 Permit exemptions.

A.    The following activities that otherwise comply with city, state, and federal law are exempt from having to obtain a special event permit:

1.    Parades, athletic events or other special events that are sponsored or conducted in full by the city of Bothell;

2.    Funeral procession by a licensed mortuary;

3.    Temporary sales conducted by businesses, such as holiday sales, grand opening sales, sidewalk sales, or anniversary sales;

4.    Garage sales, rummage sales, lemonade stands and car washes;

5.    Lawful picketing on public sidewalks;

6.    Block parties, which must be applied for through a separate city process;

7.    Events that take place solely within a city of Bothell park that utilize the park reservation request form (BMC 8.60.040); and

8.    Right-of-way use approved through the public area use permit process (Chapter 17.20 BMC).

B.    Although not required to be issued a special event permit, an event organizer of an activity exempted from this chapter is required to comply with all local, state and federal laws and regulations governing public safety or health. (Ord. 2095 § 2, 2012).

5.06.100 Grounds for permit denial.

Reasons for denying a permit include but are not limited to: the event, as presented, cannot function safely; the city was not provided sufficient notice of the event; the diversion of police and fire resources to support the event would deny reasonable fire and police protection to other parts of the city; the event does not meet traffic control and/or parking management conditions; the proposed event would unreasonably disrupt the orderly or safe circulation of traffic as would present an unreasonable risk of injury or damage to the public; the applicant provides false or misleading information; the applicant fails to complete the application or to supply other required information or documents; or the applicant declares or shows an unwillingness or inability to comply with the reasonable terms or conditions contained in the proposed permit; the proposed event would conflict with another proximate event, interfere with construction or maintenance work in the immediate vicinity, or unreasonably infringe upon the rights of abutting property. The city manager or designee shall consult with the city attorney before denying a permit, and the reason(s) for the denial shall be in writing. (Ord. 2095 § 2, 2012).

5.06.110 Revocation or suspension of permit.

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 upon the occurrence of any of the following:

A.    Immediate revocation in the event of a violation of any of the terms and conditions of the permit;

B.    Without notice in the event such use becomes, for any reason, dangerous or any structure or obstruction permitted becomes insecure or unsafe. (Ord. 2095 § 2, 2012).