Chapter 9.35


9.35.010    Purpose and intent.

9.35.020    Definitions.

9.35.030    Permit.

9.35.040    Deposit required.

9.35.050    Insurance.

9.35.060    Permit issuance standards – Issuance or denial.

9.35.070    Traffic control.

9.35.080    Repealed.

9.35.090    Appeal procedure.

9.35.100    Permit revocation.

9.35.110    Interference with events.

9.35.120    Violation – Civil penalty.

9.35.010 Purpose and intent.

(1) The purpose of this chapter is to provide reasonable supervision of any movement of persons, or vehicles or boats within the limits of the town by way of runs, parades, street dances, special events, or other demonstrations or exhibition, for the protection of persons and property.

(2) The intent of this chapter is to allow community-based organizations to sponsor special events on public thoroughfares and public waterways, and to provide guidelines that protect the public’s health, safety, and welfare. [Ord. 549A § 1, 1987.]

9.35.020 Definitions.

(1) “Committee” means the town special events committee, which shall consist of the mayor, police and fire chiefs, and the head of the maintenance department.

(2) “License” and “permit,” unless the context in which it is used clearly indicates otherwise, as used in this chapter both mean the official approval or authorization of the town to carry on or conduct the special event or activity for which such license or permit is required pursuant to the provisions of this chapter.

(3) “Motorcade” means any organized procession containing 10 or more vehicles, except funeral processions, upon a public street, sidewalk, alley or public right-of-way.

(4) “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 normal and usual traffic regulations or controls.

(5) “Run” means an organized procession to contend in a race consisting of people, bicycles, or other vehicular devices or combination thereof containing 10 or more persons upon a public street or sidewalk.

(6) “Street” or “streets” mean any public roadway, sidewalk or portions thereof in the town of La Conner dedicated to the public use.

(7) “Street dance” means any organized dance of three or more couples on any public street, public sidewalk, or publicly owned parking lot.

(8) “Temporary special event” means any fair, show, festival, or other attended entertainment or celebration, conducted by a nonprofit public service organization, which entertainment is not of a political, religious or commercial nature; and which event 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, 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 such event. [Ord. 549A § 2, 1987.]

9.35.030 Permit.

(1) Permit Required. It is unlawful to conduct any parade, temporary special event, run, street dance or motorcade in, on, or along any public street, alley, sidewalk, or other public way or place in the town, unless a permit therefor is first obtained from the town clerk, upon which license the route to be followed, the purpose of the parade, demonstration or exhibition shall be specified and approved.

(2) Application Requirements. Any nonprofit public service organization which wants to conduct a temporary special event shall apply to the town clerk for a permit, at least 45 days, but not more than 365 days, in advance of the date of the proposed temporary special event. Additional information may be required as deemed necessary by the mayor, police chief, fire chief, maintenance department, for the protection of the public safety. [Ord. 549A § 3, 1987.]

9.35.040 Deposit required.

The town special events committee shall meet with a representative of the sponsoring organization and set a deposit in the amount that will cover police, fire protection and clean-up expenses. The amount shall not be less than $1.00 nor more than $500.00. [Ord. 549A § 4, 1987.]

9.35.050 Insurance.

(1) Required. If required, the applicant shall show proof of liability insurance. A specimen copy shall be filed with the application.

(2) Save Harmless Agreement. At the time that a permit is issued, the permittee shall file with the town a save harmless agreement in which the permittee agrees to defend, pay, and save harmless the town, its officers and employees, from any and all claims, real or imaginary, which may be filed against the town, its officers or employees, where such claim arises in whole or in part out of the activities for which such permit is issued; excepting therefrom, any claims arising solely out of the negligent acts or omissions of the town, its officers and employees. [Ord. 549A § 5, 1987.]

9.35.060 Permit issuance standards – Issuance or denial.

In reviewing the application for the purpose of determining whether the permit should be issued or denied, the committee may seek consultation with other town officials and shall make such review in conformance with the following standards:

(1) The time, hours, location, and size of the temporary special event will unnecessarily disrupt the movement of other traffic within the town;

(2) The location of the temporary special event would cause undue hardship for adjacent businesses or residents;

(3) The temporary special event is of a size or nature that requires the diversion of so great a number of police officers of the town to properly police the event, site, and areas contiguous thereto, that allowing the special event would unreasonably deny police protection to the remainder of the town and its residents;

(4) Failure to arrange for or to remit by the applicant or person conducting or sponsoring the same, all fees, charges, deposits, taxes, insurance or bonds, if any, required by the town, including any department thereof for the use of the public place where it is proposed to conduct or to hold such special event;

(5) The town resources required to support the special event are out of proportion to the reimbursed expenses to be received by the town from the holding of the special event;

(6) The information contained in the application is found to be false or nonexistent to a material degree;

(7) The applicant refuses to agree, to abide or comply with all of the conditions and terms of the permit;

(8) It is found that the purpose of the temporary special event is principally devoted to the advertising of a commercial product or for a private commercial process. [Ord. 549A § 6, 1987.]

9.35.070 Traffic control.

(1) Traffic Control. The chief of police may require any reasonable and necessary traffic control. If such traffic control cannot be handled by the sponsor and shall require the deployment of additional police personnel, the permittee shall be responsible for the expense. The town clerk shall notify the applicant(s) of the actual projected expense and collect this amount before a permit is issued.

(2) Police Escort Required. All parades, runs, and motorcades shall have a police escort which shall be either appointed or approved by the chief of police of the town. [Ord. 549A § 7, 1987.]

9.35.080 Open air vending.

Repealed by Ord. 905. [Ord. 549A § 8, 1987.]

9.35.090 Appeal procedure.

Upon denial of a permit by the committee, an applicant may appeal to the town council by filing a written notice of appeal for hearing by the town council at its next meeting. Upon such appeal, the town council may reverse, affirm, or modify the committee’s determination. [Ord. 549A § 9, 1987.]

9.35.100 Permit revocation.

(1) Authority. The committee shall have the authority to revoke a permit upon application of the standards for issuance as herein set forth. The town clerk shall notify the permittee of the revocation in writing, 15 days prior to the event, or as soon as possible.

(2) Revocation of Permit. Any permit for a temporary special event issued pursuant to this chapter may be summarily revoked by the mayor for the town at any time when, by reason of disaster, public calamity, riot, or other emergency, the committee determines that the safety of the public or property requires such revocation. Notice of such action revoking a permit shall be delivered in writing to the permittee by personal service or certified mail at the address specified by the permittee in his application. [Ord. 549A § 10, 1987.]

9.35.110 Interference with events.

Interfering with or obstructing a parade or run is prohibited. All persons, except those participating in parades or runs shall keep off streets, alleys, or other public rights-of-way temporarily closed for parades or runs and it is unlawful for any person to leave any vehicle upon any street, knowing that the same has been cleared for parade or run purposes. It shall be unlawful for any pedestrian, equestrian, or the operator of any vehicle to pass through or drive between the vehicles, units or floats comprising a parade or motorcade where such parade or motorcade has been granted a permit pursuant to this chapter, provided that this shall not prohibit the operation of emergency vehicles, nor prevent the passage of such vehicles or persons at intersections where traffic is controlled by police officers of the town. A violation of this section shall be a simple crime. [Ord. 549A § 11, 1987.]

9.35.120 Violation – Civil penalty.

(1) Violation. Violations of the specifics and requirements of this chapter shall be grounds for refusal of the issuance of future permits.

(2) Violation – Civil Penalty. Any person, firm or corporation violating any of the provisions of this chapter shall be guilty of a civil infraction and subject to civil penalty as set forth and established in Chapter 1.15 LCMC. [Ord. 839 § 21, 2001; Ord. 549A § 12, 1987.]