Chapter 12.24


12.24.010    Definitions.

12.24.020    Permit—Required.

12.24.030    Permit—Application—Fee.

12.24.035    Permit—Exceptions.

12.24.040    Permit—Application—Contents.

12.24.050    Permit—Application—Filing.

12.24.060    Bond required.

12.24.070    Insurance required—Hold harmless/indemnification.

12.24.080    Permit—Issuance or denial.

12.24.090    Traffic control.

12.24.100    Appeal procedure.

12.24.110    Permit revocation or suspension.

12.24.120    Rules and policy.

12.24.130    Violation—Penalty.

12.24.010 Definitions.

A. “Applicant” means the person, firm or entity making application for a permit.

B. “City manager” shall mean the city manager or his/her designee.

C. “Parade” means any march or procession consisting of people, animals, bicycles, vehicles, or combination thereof, except wedding processions and funeral processions, upon any public street or sidewalk which does not comply with adopted traffic regulations or controls.

D. “Run” means an organized procession or race consisting of people, bicycles, or other vehicular devices or combination thereof upon the public street or sidewalk.

E. “City property” means a street, sidewalk, right-of-way, public facility, or other public place (i.e., park) under the control and authority of the city.

F. “Private special event” means a special event which is not open to the general public.

G. “Special event” means:

1. Any event or gathering of persons organized by any person or entity which occurs on city property, subject to the exemptions at Section 12.24.035; or

2. Special event includes without limitation parades, runs, sporting events, street dances, shows or exhibitions, car shows, street fairs, block parties, or other demonstrations or exhibitions. (Ord. 3815 § 2 (Exh. A), 2013)

12.24.020 Permit—Required.

No person shall conduct a special event upon public property unless a permit has been obtained from the community development director. (Ord. 3815 § 2 (Exh. A), 2013)

12.24.030 Permit—Application—Fee.

The fee for a special event shall be determined by resolution.

A. No fee shall be imposed when prohibited by the First and Fourteenth Amendments to the United States Constitution, or Article I, Section 3, 4, 5 or 11 of the Washington 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 an annual tradition or a series, previous events in the sequence; and the public perception of the event. (Ord. 3815 § 2 (Exh. A), 2013)

12.24.035 Permit—Exceptions.

The following activities are exempt from the requirement to obtain a special event permit, although such activities must still comply with all other applicable laws:

A. A funeral procession by a licensed mortuary.

B. Activities conducted by a governmental agency acting within the scope of its authority.

C. Lawful picketing on sidewalks.

D. Gatherings of one hundred or fewer people in a city park, unless merchandise or services are offered for sale or trade or commercial purposes are involved.

E. Recreational activities or gatherings at a city park that are otherwise regulated by the city’s park rental and use policies.

F. Pedestrian processions along a route that is restricted to sidewalks, and crossing streets only at pedestrian crosswalks in accordance with traffic regulations and controls.

G. Wedding processions.

H. Activities and events deemed by the director to be exempt from a special event permit. (Ord. 3815 § 2 (Exh. A), 2013)

12.24.040 Permit—Application—Contents.

The application for a special event permit shall include the following:

A. The name, address, and telephone number of the applicant and any event organizer, if different than the applicant;

B. Payment of the applicable special event permit fee;

C. A certification that the applicant will be financially responsible for any city fees or costs that may be imposed for the special event, including the posting of the bond required in Section 12.24.060, and compliance with the insurance requirements in Section 12.24.070;

D. A certification that the applicant will comply with the hold harmless and indemnification provisions in Section 12.24.070;

E. If the special event is designed to be held by, on behalf of, or for any organization other than the applicant, the applicant for the special event permit shall file a written communication from such organization:

1. Authorizing the applicant to apply for the special event permit on its behalf;

2. Certifying that the applicant will be financially responsible for any costs or fees that may be imposed for the special event;

3. A copy of the tax exemption letter issued for any applicant claiming to be a tax-exempt nonprofit organization;

F. A statement of the purpose of the special event; and whether the event will be a private special event or open to the public;

G. The proposed location for the special event, including both a map and written narrative, which shall include the locations for assembly, production, viewing, disbanding, parking, staging and any other activities related to the special event;

H. Dates and times when the special event and associated activities are to be conducted;

I. Proposed alternate routes, sites or times, where applicable;

J. The approximate number of persons, animals or vehicles that will constitute the special event;

K. The kinds of animals anticipated to be part of the special event;

L. A description of the types of vehicles to be used in the special event;

M. The number of bands or other musical units and the nature of any equipment to be used to produce sounds or noise;

N. The number and location of portable sanitation facilities;

O. Other equipment or services necessary to conduct the special event with due regard for participant and public health and safety;

P. The number of persons proposed or required to monitor or facilitate the special event and provide spectator or participant control and direction for special events using city streets, sidewalks, or facilities;

Q. Provisions for first aid or emergency medical services, or both, based on special event risk factors;

R. Insurance and surety bond information; provided, however, that if the applicant requests a modification of the insurance limits set forth in Section 12.24.070, the applicant shall submit proof of insurance as required by the director prior to permit issuance;

S. Any special or unusual requirements that may be imposed or created by virtue of the proposed special event activity; and

T. Any other information required by the community development director. (Ord. 3815 § 2 (Exh. A), 2013)

12.24.050 Permit—Application—Filing.

Any person wishing to sponsor a special event shall apply for a special events permit by filing a completed application with the department at least forty-five days prior to the date on which the event is to begin in order to provide adequate notice to public safety and other city personnel and to accommodate potential modifications to an applicant’s event proposal. The community development director shall obtain review and approval of the permit from appropriate city departments and other agencies to include police, fire, public works, building and planning, risk management, and others as may be determined necessary by the director. The director shall issue an approval, approval with conditions, or denial no later than twenty-one days after receiving a complete application. The department may accept an application for a special event up to thirty days prior to the event and shall issue a decision on that application no later than seven days prior to the event; however, in the event of an appeal of that decision, the city may not be able to schedule the hearing on the appeal prior to the event. (Ord. 3815 § 2 (Exh. A), 2013)

12.24.060 Bond required.

The community development director may require a cash deposit or performance bond in an amount determined by the director to be necessary to guarantee that the public property will be cleaned and returned to the condition in which it was found. The community development director shall determine the amount of bond or deposit by considering type of event, projected number of participants and spectators, the sponsor’s experience, and other factors related to the condition and use of the city property. (Ord. 3815 § 2 (Exh. A), 2013)

12.24.070 Insurance required—Hold harmless/indemnification.

A. The applicant shall provide the city with a certificate of insurance demonstrating proof of liability insurance with a combined single limit of one million dollars per occurrence, and two million dollars in aggregate or such other amounts as may be determined by the director. Evidence of insurance shall be filed with the application and shall name the city of Kelso as an additional insured. Depending upon the nature of the special event and its risk to the public and private individuals, the community development director may increase or reduce the liability limits for a given event after consultation with the city’s insurance carrier.

B. The applicant shall defend, indemnify, and hold harmless the city, its officers, officials, employees and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, which arises out of the applicant’s event, or from any activity, work or thing done, permitted, or suffered by applicant which arises from the applicant’s event, except only such injury or damage as shall have been occasioned by the sole negligence of the city. (Ord. 3815 § 2 (Exh. A), 2013)

12.24.080 Permit—Issuance or denial.

A. The director 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 events permit and the grounds specified in this chapter. If the application is denied or conditionally approved, the director 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.

B. The director may condition the issuance of a special events permit by imposing reasonable requirements concerning 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 include but are not limited to the following:

1. Alteration of the date, time, hours of operation, route, or location of the event proposed on the event application.

2. Conditions concerning the area of assembly and disbanding of an event along a route.

3. Conditions concerning accommodation of pedestrian or vehicular traffic, including restricting the event to only a portion of a street.

4. Conditions where traffic congestion may be anticipated, encouraging use of transit and carpooling.

5. Requirements for the use of traffic cones or barricades.

6. Requirements for the provision of first aid and sanitary facilities.

7. Requirements for the provision of fire, police, emergency medical protection, and parks and public works crews for maintenance and cleanup, if necessary.

8. Requirements for coordination with the fire department and emergency personnel for emergency treatment and evacuation of people who may need immediate care, cardiopulmonary resuscitation, or ambulance service; emergency communication; fire suppression equipment within structures; and maintenance of unobstructed emergency passageways.

9. Requirement for use of personnel to monitor the event and provide notice of permit conditions to event participants.

10. Restrictions on the number and type of vehicles, animals, or structures at an event.

11. Compliance with animal protection ordinances and laws.

12. Requirements for use of garbage containers, cleanup, and restoration of city property.

13. Restrictions on the use of amplified sound.

14. Notice to residents and/or businesses regarding any activity that would require a street closure.

C. The following conditions may be grounds for permit denial:

1. The applicant fails to submit a completed application within the required timeline;

2. The time, route, or size of the event will unreasonably disrupt the movement of traffic along streets;

3. The size or nature of the event requires supervision by a significant number of police officers that causes unreasonable expense or diversion of police duties;

4. The applicant has failed to remit all fees, documents, or proof of bonds;

5. The applicant has failed to conduct a previously authorized special event in accordance with law or the terms of a permit, or both;

6. The applicant has failed to provide sufficient safety, health or sanitation equipment, services, or facilities;

7. The applicant has not provided sufficient off-site parking or shuttle service, or both, when required to minimize substantial adverse impacts on general parking and traffic circulation caused by the event;

8. The special event will substantially interfere with any other special event for which a permit has already been granted or with the provision of city services in support of other scheduled special events or governmental functions;

9. The special event would block traffic lanes or close streets during peak commuter hours on weekdays between 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. on streets designated as arterials by the city’s public works department. (Ord. 3815 § 2 (Exh. A), 2013)

12.24.090 Traffic control.

The community development director may require any reasonable and necessary traffic control with the applicant responsible for the expense. The community development director shall notify the applicant of any city-projected traffic control expense and collect this amount before a permit is issued. (Ord. 3815 § 2 (Exh. A), 2013)

12.24.100 Appeal procedure.

Upon denial of a permit by the community development director, an applicant may appeal to the city council by filing a written notice of the appeal within ten days from the community development director’s decision. Upon such appeal, the city council may reverse, affirm, or modify the community development director’s determination. (Ord. 3815 § 2 (Exh. A), 2013)

12.24.110 Permit revocation or suspension.

The special event permit issued under this chapter is temporary and vests no permanent rights in the applicant, and may be immediately revoked or suspended by the community development director if:

A. The applicant has made a misstatement of material fact in the information supplied;

B. The applicant has failed to fulfill a term or condition of the permit in a timely manner;

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

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

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

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

G. The applicant fails to prepay expenses.

The city shall refund the permit fee in the event of revocation caused by an emergency or supervening occurrence. All other refunds shall be at the discretion of the community development director. (Ord. 3815 § 2 (Exh. A), 2013)

12.24.120 Rules and policy.

To implement the special event permit, the community development director may develop and adopt rules, policies and forms consistent with this chapter. All adopted rules, policies and forms shall be filed with the city clerk. (Ord. 3815 § 2 (Exh. A), 2013)

12.24.130 Violation—Penalty.

Violation of this chapter is a class 1 civil infraction, punishable by a maximum penalty of two hundred fifty dollars, plus statutory assessments. (Ord. 3815 § 2 (Exh. A), 2013)