Chapter 5.20
SPECIAL EVENTS
Sections:
5.20.020 Special event permit—Required.
5.20.030 Special event permit—Not required.
5.20.040 Special event permit—Application—Requirements.
5.20.050 Permit—Application—Review.
5.20.060 Public works director to issue permit—Criteria for issuance—Denials.
5.20.080 Indemnification agreement.
5.20.090 Insurance requirements.
5.20.100 City services and equipment use fees.
5.20.130 Revocation of special event permit.
5.20.005 Purpose.
Certain uses or activities, because of their infrequent occurrence and temporary nature, are classified as “special events.” These types of uses or activities are temporary in nature, of limited duration, and may be associated with promotions, holidays, city festivals, and other celebrations. These special events shall be allowed by special events permit granted by the public works director of the city. The purpose of this chapter is to protect the public’s health, safety and welfare through the issuance of special event permits for activities and events, including but not limited to parades, parties, athletic events, processions and other assemblies occurring on or significantly affecting public property or public rights-of-way in the city. (Ord. 632 § 1 (part), 2013)
5.20.010 Definitions.
A. “Applicant” means any person who seeks a special event permit from the city to conduct, operate, or sponsor an event governed by this chapter. An applicant must be eighteen years of age or older.
B. “Athletic event” means an occasion in which a group of persons collectively engage in a sport or form of physical exercise on a public street, sidewalk, alley or other public right-of-way, which obstructs, delays, or interferes 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, bike-a-thons, and walk-a-thons.
C. “City” means the city of Bridgeport, Washington.
D. “City law enforcement officer(s)” means any commissioned law enforcement officers providing police services for the city pursuant to a contract with the city.
E. “Motorcade” means any organized procession containing ten or more vehicles, except funeral processions, upon a public street, sidewalk, alley or other public right-of-way.
F. “Parade” means any march or procession consisting of people, animals, bicycles, vehicles or combination thereof, except funeral processions, on any public street, sidewalk, alley or other public right-of-way, which obstructs, delays or interferes with the normal flow of pedestrian or vehicular traffic, or does not comply with traffic laws or controls.
G. “Person” means one or more natural persons, corporations, partnerships or unincorporated associations or other forms of business organization. A “person” includes the applicant for any special event permit.
H. “Public right-of-way” means and includes every public street, alley, avenue, road, bridge, sidewalk, and city-owned parking area located in the city.
I. “Public works director” means the public works director of the city, including his or her authorized designee.
J. “Special event” means any parade, fair, show, festival, carnival, rally, party, filming of movie, video or television show, motorcade, run, street dance, bike-a-thon, race, walks, athletic event or other publicly attended entertainment or celebration that is to be held in whole or in part upon city-owned and controlled property and/or public rights-of-way, or, if held wholly upon non-city-owned and controlled property, will nevertheless affect or impact the ordinary and normal use by the general public of city-owned or controlled property or public rights-of-way within the vicinity of the event. “Special event” shall also mean any activity to be held in whole or in part upon city-owned or controlled property and/or public rights-of-way where merchandise or services are offered for sale, whether by for-profit or nonprofit organizations. “Special event” shall not mean a private family function, as that term is defined in Chapter 5.18, or a public dance, as that term is defined in Chapter 5.16.
K. “Street dance” means any dance of three of more couples on or within any public right-of-way. A street dance does not include a for-profit or indoor public dance, as that term is defined in Chapter 5.16. (Ord. 632 § 1 (part), 2013)
5.20.020 Special event permit—Required.
It is unlawful for any person to hold, sponsor, or conduct any special event in the city which uses any part of a public right-of-way, or which significantly impacts a public right-of-way, unless such person has obtained and has in full force and effect a permit to do so issued by the city. (Ord. 632 § 1 (part), 2013)
5.20.030 Special event permit—Not required.
A special event permit is not required for events which do not meet the definition of “special event” set forth in this chapter. The following is a nonexhaustive list of events and activities that do not constitute special events:
A. Funeral and wedding processions;
B. Regularly scheduled school events, including certain athletic events, which use existing parking, traffic controls, and public safety support;
C. Garage sales and rummage sales conducted entirely on private property;
D. Special events, including parades, sponsored or operated in whole by the city;
E. Family functions licensed or permitted pursuant to Chapter 5.18;
F. Gatherings of fewer than thirty people in a city park, unless merchandise or services are offered for sale, or it is determined by the public works director that the proposed activities are outside the scope of the park’s design or pose a significant liability risk or risk to public safety. (Ord. 632 § 1 (part), 2013)
5.20.040 Special event permit—Application—Requirements.
A. Any applicant desiring to sponsor or operate a special event not exempted by this chapter shall apply for a special event permit by filing a completed application with the public works director. The application shall be made on forms provided by the city and shall include, at a minimum, the following information:
1. The name, address, and telephone number of the applicant;
2. A full and complete description of the proposed use associated with the special event and the duration of such proposed use (including setup and cleanup time);
3. The proposed location of the special event and the dimensions and plans for any temporary structure to be erected or constructed in connection with the special event;
4. The location of the public right-of-way proposed to be used or significantly affected for the special event, including the dimension thereof;
5. Such other and further information as the public works director may reasonably require to determine whether the application and proposed special event meet all of the requirements for permit issuance established by this chapter.
B. The application for a special event permit shall be filed not less than forty-five days in advance of the date on which the special event is to occur if the event requires the closure of any highway or street, any detouring of traffic, or any significant impact on city services. Other special events not requiring the foregoing are to be filed not less than thirty days in advance of the proposed special event. Upon a showing of good cause, or at the discretion of the public works director, the public works director may consider an application that is filed after the filing deadline if there is sufficient time to process and investigate the application and obtain or confirm availability of police and other city services for the proposed special event.
C. The application for a special event permit shall be accompanied by a filing fee in an amount set by resolution of the city council from time to time. The application fee (if any) shall be separate from any cleanup deposit that may be required by the city given the nature of the proposed special event. (Ord. 632 § 1 (part), 2013)
5.20.050 Permit—Application—Review.
Upon receipt of a completed special event permit application, the public works director shall review the same and inquire of other departments within the city to establish whether the criteria set forth in this chapter are satisfied by the application. (Ord. 632 § 1 (part), 2013)
5.20.060 Public works director to issue permit—Criteria for issuance—Denials.
A. All special event permits issued under this chapter shall be issued by the public works director. A special event permit may be issued to the applicant only if all of the following criteria and conditions for issuance are met:
1. The proposed special event will not unreasonably endanger the participants, spectators, or the public.
2. The proposed special event will not unreasonably interfere with vehicular or pedestrian traffic flow at the proposed event location. No special event permit will be issued for an event that proposes to close the State Highway in the city, or for an event located on 12th Street adjacent to the fire or ambulance station in the city.
3. The proposed special event is proposed to begin no earlier than eight a.m. and conclude no later than ten p.m. on any or each day. The public works director shall establish a specific period of time for the use of the public right-of-way for the special event, including reasonable setup and cleanup activities.
4. More than thirty days have passed since a substantially similar special event as the proposed special event has been conducted in approximately the same proposed location. For example, in the case of a block party, only one block party may be held in the same block each thirty-day period.
5. Adequate plans for parking exist to meet the need generated by the proposed special event. The public works director shall make the final determination as to the location of any proposed barricades to ensure adequate access for emergency vehicles and visibility to pedestrians and traffic.
6. The applicant must agree to be responsible for all signage and barricades for the proposed special event, which shall be removed by the applicant following conclusion of the special event. The public works director shall make the final determination as to the location of any proposed signage and barricades to ensure adequate access for emergency vehicles and visibility to pedestrians and traffic.
7. The applicant must agree to indemnify, defend and hold the city harmless from any and all claims for bodily injury or property damage that may arise out of or in connection with the applicant’s permitted special event.
8. The applicant must secure and maintain in full force and effect throughout the duration of the special event, including during setup and tear-down or cleanup activities, liability insurance as set forth in Section 5.20.090.
9. Whenever in the judgment of the public works director any special event proposed requires the provision of additional city services, including, but not limited to, the employment of police officers to direct or block pedestrian or vehicular traffic, or the provisions of standby aid car or fire protection services, the applicant shall agree to directly provide for such services and/or pay the city in advance of the special event for the actual costs of any such services.
10. Any other and further conditions as the public works director deems necessary to reasonably ensure that the proposed special event does not create a likelihood of endangering those who may participate or be spectators.
B. If any of the above criteria are not met by the applicant’s proposal set forth in the application, the public works director shall deny the special event permit or may issue a special event permit with conditions as the public works director deems necessary for the application to meet all of the criteria set forth above.
C. In addition to the requirements set forth in subsection (A) of this section, the public works director may deny a special event permit for one or more of the following reasons:
1. Information contained in the application, or supplemental information requested from the applicant, is found to be false or nonexistent in any material detail.
2. The applicant fails to complete the application form after having been notified of the additional information or documents required.
3. Neither the city nor the applicant is able to provide sufficient public safety personnel or other necessary staff to accommodate the special event so that it may occur in a safe manner.
4. The time and place of the proposed special event would conflict with other previously permitted special events.
5. The location of the special event will substantially interfere with any construction or maintenance work scheduled to take place upon or along public property or public right-of-way.
6. The proposed special event will occur at a time when a school is in session at a route or location adjacent to the school or class thereof, and the noise created by the activities of the special event would substantially disrupt the education activities of the school or class.
D. All conditions of the special event permit shall be subscribed on or attached to the permit.
E. All existing Bridgeport Municipal Code provisions, ordinances, resolutions, and other policies of the city shall be observed by the applicant, including but not limited to the city’s sign code and noise ordinance.
F. The public works director shall issue the special events permit once the application has been approved, and the applicant has agreed, in writing, to comply with the terms and conditions of the permit, as well as the sections of this chapter dealing with indemnification, insurance, fees for city services, and cleanup deposits, when applicable. (Ord. 632 § 1 (part), 2013)
5.20.070 Conditions.
The public works director may condition the issuance of a special event permit by imposing reasonable requirements concerning the time, place and manner of the special event, and such requirements as are necessary to protect the safety of persons and property, and the control of traffic; provided, such conditions shall not unreasonably restrict the right of free speech. Such restrictions may include, but are not limited to:
A. Alteration of the date, time, route or location of the special event proposed on the permit application;
B. Elimination of an activity that cannot be mitigated to a point as to ensure public safety and welfare, or which causes or exposes undue liability to the city;
C. Conditions concerning the area of assembly and disbanding of a parade or other events occurring along a proposed route;
D. Conditions concerning the accommodation of pedestrian or vehicular traffic, including restricting the special event to only a portion of a public right-of-way traversed;
E. Requirements for the use of traffic cones or barricades and/or in particular locations;
F. Requirements for the use of city personnel and equipment (which costs for such use will be paid by the applicant);
G. Requirements for the provision of first aid or sanitary facilities (which costs for such services will be paid by the applicant);
H. Requirements for the use of special event monitors and providing notice of permit conditions to event participants;
I. Requirements to provide notice to surrounding property owners;
J. Restrictions on the number and type of vehicles, animals, or structures at the special event, and inspection and approval of floats, structures and decorated vehicles for fire safety;
K. Compliance with animal protection ordinances and laws;
L. Requirement for the use of garbage containers, cleanup and restoration of city property and public rights-of-way (which costs for cleanup and restoration shall be paid by the applicant);
M. Restrictions on the use of amplified sound and compliance with noise ordinances, regulations and laws;
N. Compliance with any relevant ordinance or law and obtaining any legally required permit or license (including, for example, obtaining business licenses);
O. Restrictions on the sale and/or consumption of alcohol; and
P. Any other restriction or requirement deemed necessary to ensure public health, safety and well-being. (Ord. 632 § 1 (part), 2013)
5.20.080 Indemnification agreement.
Prior to the issuance of a special event permit, the applicant and authorized officer of the sponsoring organization, if any, must sign an agreement to defend the city against, and indemnify and hold harmless the city, its officers, employees and agents, where such claim arises in whole or in part out of the activities for which such permit is issued; except, any claims arising solely out of the negligent acts or omissions of the city, its officers, employees and agents. (Ord. 632 § 1 (part), 2013)
5.20.090 Insurance requirements.
A. The applicant of a special event must possess or obtain public liability insurance to protect against loss from liability imposed by law for damages on account of bodily injury and property damage arising from the special event. A certificate of insurance shall be filed thirty days prior to the special event with the city, and shall name the city, its officials, employees and agents, as additional insured. Insurance coverage must be maintained for the duration of the special event (including any period following the special event required for cleanup and/or to restore property to its original condition prior to the special event). The insurance coverage shall not be cancellable except upon ten days’ advance written notice to the city.
B. The insurance coverage required by this section shall be a commercial general liability policy. Minimum limits required are one million dollars each occurrence combined single limit bodily injury and property damage; two million dollars aggregate. If food or nonalcoholic beverages are proposed to be sold or served at the special event, the policy must also include an endorsement for product liability. If alcoholic beverages are proposed to be sold or served at the special event, the policy must also include an endorsement for host liquor liability. If the event involves athletic or other types of active participants, the policy must include participant coverage. The public works director may require additional endorsements depending upon the activities proposed to occur during the special event.
C. The public works director may waive or reduce the insurance requirements of this chapter under the following conditions:
1. The applicant or an officer of the sponsoring organization signs a verified statement that he or she believes the special event’s purpose constitutes First Amendment expression, and that the cost of obtaining insurance is so financially burdensome that it would constitute an unreasonable burden on the right of First Amendment expression. The statement shall include the name and address of two insurance agents or other source of insurance coverage contacted to determine insurance premium rates for insurance coverage.
2. The applicant or an officer of the sponsoring organization signs a verified statement that insurance coverage in the limits required is impossible to obtain. The statement shall include the name and address of two insurance agents or other source of insurance coverage contacted.
3. The public works director determines that the insurance limits are in excess of the reasonable risk presented by the proposed special event. (Ord. 632 § 1 (part), 2013)
5.20.100 City services and equipment use fees.
A. Upon approval of an application for a special event permit, the public works director shall provide the applicant with a statement of the estimated cost of providing city personnel and equipment (if any). The applicant of the event shall be required to prepay these estimated costs for city services and equipment no less than ten days prior to the special event; except, in the case of an application allowed to be submitted and considered less than fifteen days prior to the proposed event, the prepayment for city services shall be made as soon as reasonably practicable prior to the special event. City services and equipment may include the use of police officers and public works employees for traffic and crowd control, pick-up and delivery of traffic control devices, picnic tables, extraordinary street sweeping, and any other needed, requested or required city service and the cost of operating city equipment to provide such services.
B. If the actual cost for city services and equipment on the date(s) of the special event is less than the estimated cost, the applicant will be refunded the difference by the city in a timely manner. If the actual cost for city services and equipment on the date(s) of the special event is greater than the estimated cost, the applicant will be billed for the difference.
C. The fees for the use of city services and equipment may be waived, in part or in full, by the public works director if, in review of the application, he or she finds that the special event is of sufficient community and public benefit to warrant the expenditure of city funds without reimbursement by the applicant. The fees for city services and equipment may also be waived, in part or in full, by the public works director, if the applicant signs a verified statement that the event’s purpose constitutes First Amendment expression, and that the cost of city services and equipment is so financially burdensome that it would constitute an unreasonable burden on the right of First Amendment expression. (Ord. 632 § 1 (part), 2013)
5.20.110 Cleanup deposits.
A. The applicant of a proposed special event involving the sale of food or beverages for immediate consumption, erection of structures, horses or other large animals, water aid stations or another activity or event likely to create a substantial need for cleanup, shall be required to provide a cleanup deposit prior to the issuance of a special event permit. The cleanup deposit shall be in amount set by resolution of the city council from time to time.
B. The cleanup deposit shall be returned after the special event if the area used for the permitted special event has been cleaned and restored to the same condition as existed prior to the event.
C. If the property or public right-of-way used for or affected by the special event has not been properly cleaned or restored, the applicant shall be billed for the actual cost by the city for cleanup and restoration. The cleanup deposit shall be applied toward the payment of the city’s bill for cleanup and restoration. (Ord. 632 § 1 (part), 2013)
5.20.120 Appeal procedure.
A. An applicant shall have the right to appeal the denial of a special event permit, any condition imposed on the special event permit, any revocation of a special event permit, and/or any fees or cleanup deposits imposed by the public works director pursuant to this chapter. A written notice of appeal, setting forth the grounds and basis for the appeal, shall be filed with the city clerk-treasurer of the city within ten days after the mailing or personal delivery of the decision being appealed.
B. The mayor shall conduct an informal hearing with the applicant/appellant on the appeal within ten days of the date of filing the appeal with the city clerk-treasurer. The mayor shall issue a decision on the appeal within five days of the appeal hearing. The decision of the mayor shall be final, unless an aggrieved party files an appeal in Douglas County superior court and serves the appeal on the city clerk-treasurer within twenty-one days of the decision of the mayor. (Ord. 632 § 1 (part), 2013)
5.20.130 Revocation of special event permit.
A. Any special event permit issued pursuant to this chapter shall be temporary, shall vest no permanent rights in the applicant, and may be revoked by the public works director at any time when the public works director determines that the criteria set forth in this chapter or the conditions of the permit are no longer being met by the applicant. If any special event for which a permit has been revoked is not immediately discontinued, the public works director may cause the removal of any structure or obstruction from the public right-of-way. The cost and expense of such removal of the obstruction shall be assessed against the applicant, including all professional fees associated with enforcement of collection of the same.
B. Any special event permit issued pursuant to this chapter may be summarily revoked by the city’s law enforcement officers at any time when, by reason of disaster, public calamity, riot or other emergency, a law enforcement officer determines that the safety of the public or property requires such revocation. The local law enforcement officer may also summarily revoke any special event permit issued pursuant to this chapter if he or she finds that the permit has been issued based upon false information or when the applicant exceeds the scope of the permit, or allows other persons associated or participating in the special event to exceed the scope of the permit. Notice of such action revoking a permit shall be delivered in writing to the applicant by personal service or certified mail at the address specified by the applicant in the application. (Ord. 632 § 1 (part), 2013)
5.20.140 Violation—Penalty.
Any person (including applicant or participant at a special event) who violates any of the provisions of this chapter shall be guilty of a civil infraction and shall, upon conviction thereof, be punished by a monetary penalty in any sum not to exceed five hundred dollars per day. Each and every day during any portion of which any violation of any provision of this chapter is committed, continued, or permitted by any person constitutes a separate offense. (Ord. 632 § 1 (part), 2013)