Chapter 12.28


12.28.010    Definitions.

12.28.020    Permits required.

12.28.030    Exemptions from permit requirements.

12.28.040    Applications.

12.28.045    Permit – Fees, charges and sponsorship.

12.28.050    Permit conditions.

12.28.060    Permit issuance.

12.28.065    Grounds for denial of application.

12.28.068    Appeal procedure.

12.28.070    Indemnification agreement.

12.28.080    Insurance requirements.

12.28.090    Duties of permittee/sponsor of event.

12.28.100    Violation – Penalty.

12.28.010 Definitions.

A.    “Applicant” shall mean any person, entity, or organization who seeks a special event permit from the City of Ferndale to conduct or sponsor an event governed by this section. An applicant must be 18 years of age or older.

B.    “Special event” shall mean any parade, fair, show, festival, carnival, rally, party, filming of movie, video or television show, motorcade, run, street dance, bike-a-thon, race, walk, athletic event or other attended entertainment or celebration that is to be held in whole or in part upon publicly owned property and/or public rights-of-way, or if held wholly upon private property, but will nevertheless affect or impact the ordinary and normal use by the general public of public 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 publicly 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. (Ord. 2079 § 1 (Exh. 1), 2019; Ord. 1006 § 1, 1993)

12.28.020 Permits required.

Any person or organization desiring to conduct or sponsor a special event in the City of Ferndale shall first obtain a special event permit. (Ord. 2079 § 1 (Exh. 1), 2019; Ord. 1006 § 1, 1993)

12.28.030 Exemptions from permit requirements.

A special event permit is not required for the following:

A.    Funeral and wedding processions, which are defined under WAC 308-330-466;

B.    Events involving a total of 30 or fewer pedestrians marching along a parade route that is restricted to marching on sidewalks, and crossing streets only at pedestrian crosswalks in accordance with traffic regulations and controls. Pedestrians participating in the parade shall cross crosswalks in units of 15 or less, and shall allow vehicles to pass between each unit;

C.    Groups of individuals involved in exercising as part of an organized school sports turnout;

D.    Special events conducted in whole by the City of Ferndale;

E.    Informal gatherings of 30 or fewer people in a City park, unless merchandise or services are offered for sale. (Ord. 2079 § 1 (Exh. 1), 2019; Ord. 1006 § 1, 1993)

12.28.040 Applications.

An applicant for a special event shall file application, on such form as the City may provide, at least 45 days prior to the date of the proposed event. (Ord. 2079 § 1 (Exh. 1), 2019; Ord. 1006 § 1, 1993)

12.28.045 Permit – Fees, charges and sponsorship.

A.    If traffic control, security, or other City services are required as a condition of approval of the special event permit or to repair or clean public areas after an event, the applicant shall be responsible for paying these expenses at the rates established in the Ferndale Unified Fee Schedule.

B.    This chapter is not intended, nor shall it be construed, to prevent the City from providing financial assistance to events that are co-sponsored by the City, including waiver, payment or reimbursement of otherwise applicable special events fees and charges, provided such assistance is authorized in writing by the Mayor or City Administrator prior to the event, This authorization shall outline each party’s responsibilities and shall include a finding by the City that such assistance is supported by adequate benefit to the City and/or public. (Ord. 2079 § 1 (Exh. 1), 2019)

12.28.050 Permit conditions.

The City Administrator may condition the issuance of a special events permit by imposing reasonable requirements concerning the time, place and manner of the 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 location time, place and manner of the event proposed on the event application;

B.    Elimination of an activity which cannot be mitigated to a point as to ensure public safety and welfare, or which causes undue liability risk to the City;

C.    Conditions concerning the area of assembly and disbanding of a parade or other events occurring along a route;

D.    Conditions concerning the accommodation of pedestrian or vehicular traffic, including restricting the event to only a portion of a street or right-of-way transversed;

E.    Requirements for the use of traffic cones or barricades;

F.    Requirements for the use of City personnel and equipment;

G.    Requirements for the provision of first aid or sanitary facilities;

H.    Requirements for the use of 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 event, and inspection and approval of floats, structures, and decorated vehicles for fire safety;

K.    Compliance with animal protection ordinance and laws;

L.    Requirements for the use of garbage containers, clean-up and restoration of City property;

M.    Restrictions on the use of amplified sound;

N.    Compliance with any relevant ordinance or law and obtaining any legally required permit or license;

O.    Any other restriction or requirement deemed necessary to ensure public safety and well-being. (Ord. 2079 § 1 (Exh. 1), 2019; Ord. 1006 § 1, 1993)

12.28.060 Permit issuance.

The City Administrator shall issue the special events permit once the application has been approved and the appropriate application fee has been paid, 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 clean-up deposits, when applicable. (Ord. 2079 § 1 (Exh. 1), 2019; Ord. 1006 § 1, 1993)

12.28.065 Grounds for denial of application.

The City may deny an application for a special event permit if:

A.    The applicant provides false or misleading information;

B.    The applicant fails to complete the application or to supply other required information or the applicant declares or shows an unwillingness to comply with the reasonable terms or conditions contained within the proposed permit;

C.    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;

D.    The proposed event would unreasonably disrupt the orderly or safe circulation of traffic and would present an unreasonable risk of injury or damage to the public;

E.    There are not sufficient safety personnel or other necessary City staff to accommodate the event; or

F.    The Director identifies unreasonable risks of other health and safety concerns that cannot be mitigated by the applicant.

In the event subsection (C) or (D) of this section applies, the City shall offer the applicant the opportunity to submit an alternative date or place for the proposed event before denying the application. (Ord. 2079 § 1 (Exh. 1), 2019)

12.28.068 Appeal procedure.

The applicant shall have the right to appeal the denial of a permit or permit condition. The applicant shall also have the right to appeal the amount of fees or charges imposed pursuant to this chapter or a determination by the City that the applicant’s insurance does not comply with the requirements specified in the permit.

Appeals must be submitted to the City Clerk for consideration by the City Council which will either repeal or uphold the administrative decision by the City. The appeal will be taken up for consideration at the next regularly scheduled Council meeting. (Ord. 2079 § 1 (Exh. 1), 2019)

12.28.070 Indemnification agreement.

The special events permit application form shall include an indemnification agreement, on a form provided by the City, which the applicant shall sign as a condition for the issuance of the permit. (Ord. 2079 § 1 (Exh. 1), 2019; Ord. 1006 § 1, 1993)

12.28.080 Insurance requirements.

The types and amounts of insurance required shall be determined by the City and based on the risk exposure of the event (liability limit requirement will be at least $1,000,000 per occurrence).

The City Administrator is authorized and directed to require written proof of such insurance 30 days prior to the event. A liability insurance policy shall be written on a per-occurrence basis, shall name the City as an additional insured using ISO form CG 20 26, or coverage at least as broad, shall be written for a period not less than 24 hours prior to the event and extending for a period not less than 24 hours following the completion of the event. The applicant shall provide the City and all additional insureds for this event with written notice of any policy cancellation within two business days of their receipt of such notice. (Ord. 2079 § 1 (Exh. 1), 2019; Ord. 1006 § 1, 1993)

12.28.090 Duties of permittee/sponsor of event.

Each permittee/sponsor of an event shall:

A.    Comply with all the terms and conditions of the special event permit;

B.    Ensure that the person leading a parade or other event along a route, or the person in charge of any other event, shall be informed of the permit conditions and shall carry a copy of the special event permit on his person for the duration of the event;

C.    Ensure that the area used for the permitted event is cleaned and restored to the same condition as existed prior to the event, immediately following the completion of the event. If the property used for the event has not been properly cleaned or restored, the applicant or organization may be subject to an enforcement action or may be billed for the actual cost by the City for cleanup and restoration. (Ord. 2079 § 1 (Exh. 1), 2019; Ord. 1006 § 1, 1993)

12.28.100 Violation – Penalty.

A.    Unlawful to Sponsor or Participate in an Event Without a Permit. It shall be unlawful for any person to sponsor or conduct a special event requiring a special event permit pursuant to this chapter unless a valid permit has been issued for the event. It is unlawful for any person to participate in such an event with the knowledge that the sponsor of the event has not been issued a required, valid permit.

B.    Unlawful to Exceed Scope of Permit. The special event permit authorizes the permittee/sponsor to conduct only such an event as is described in the permit, and in accordance with the terms and conditions of the permit. It is unlawful for the permittee/sponsor to willfully violate the terms and conditions of the permit, or for any event participant with knowledge thereof to willfully violate the terms and conditions of the permit.

C.    Enforcement procedures and penalties resulting from violations of this chapter shall be administered pursuant to Chapter 1.12 FMC. (Ord. 2079 § 1 (Exh. 1), 2019; Ord. 1006 § 1, 1993)