Chapter 12A.08USE OF STREETS AND RIGHT-OF WAY - PARADES, MOTORCADES, RUNS AND ASSEMBLIES

Sections:

12A.08.010
Purpose.
12A.08.015
Definitions.
12A.08.020
Application Submittal.
12A.08.030
Insurance Required.
12A.08.040
Performance Bond.
12A.08.050
Application Review.
12A.08.060
Approval/Denial of Application.
12A.08.070
Appeal Procedure.
12A.08.080
Officials to be Notified.
12A.08.090
Revocation of Permit.
12A.08.010Purpose.

Free speech is a fundamental right of the American people, and the provisions of this section shall be broadly interpreted to support this right. The purpose of this section is to place reasonable and necessary time, place and manner restrictions upon use of the City's streets for the purpose of protecting the public safety and welfare. No permit shall be required for peaceful assembly and speech on private or public property that does not interfere with vehicular or pedestrian traffic or safe ingress and egress to any building although such are encouraged to allow the City to support the safe completion of the event. Permits provided under these circumstances shall not be subject to the permitting requirements of this Chapter, but shall serve notice to the City of the anticipated event. The City official or officials responsible for issuance of a permit under this section shall be authorized to suspend the application of any particular section of this Ordinance or waive compliance with any of the stated requirements, including payment of fees or provision of insurance where such requirements potentially inhibit the exercise of Constitutional Rights. (Ord. 501 § 3 (part), 2009.)

12A.08.015Definitions.

As used in this Chapter:

A. “Assembly” means a gathering of people for the purpose of presenting or viewing an exhibition, theatrical presentation, dance or other public, political or religious event, held on any public street, highway, alley, sidewalk or publicly owned parking lot.

B. “Motorcade” means an organized procession containing ten or more motor vehicles, except funeral processions, upon any public street, highway, sidewalk, alley, or publicly owned parking lot.

C. “Parade” means a march or procession consisting of people, animals, bicycles, vehicles, or any combination thereof except funeral possessions, upon any public street, highway, sidewalk, alley or publicly owned parking lot which does not comply with normal and usual traffic regulations or controls.

D. “Run” means an organized racing event comprised of ten or more persons on foot, bicycles, wheelchairs, beds, or any other non-motorized vehicles or combinations thereof upon a public street, highway, sidewalk, alley or publicly owned parking lot. (Ord. 501 § 3 (part), 2009.)

12A.08.020Application Submittal.

Any individual or organization planning any parade, motorcade, run or assembly which will or may disrupt normal traffic flow or usage of any public street, highway, sidewalk, alley or publicly owned parking lot within the City of Lakewood, shall obtain a permit from the City of Lakewood. The permit application shall be submitted no less than thirty (30) days prior to the start of the event unless the thirty (30) day time period is reduced or waived by the City Manager or designee. The application shall be on a form provided by the City of Lakewood and shall include, but not be limited to, the following:

A. The name and address of the sponsoring person, persons or organization;

B. The name, address and telephone number of the person or persons in charge of the event;

C. The nature and purpose of the event;

D. Estimated number of persons, participants, vehicles and spectators;

E. The number of persons and/or vehicles furnished by the sponsoring organization to patrol the event;

F. A time schedule and description of the event or events;

G. A map or scale drawing showing the boundaries of the event, the route of the event, the direction of travel, and all areas to be used by participants, officials and spectators of the event. (Ord. 501 § 3 (part), 2009.)

12A.08.030Insurance Required.

The person or organization sponsoring the parade, motorcade, run or public assembly shall, prior to obtaining authorization from the City, provide a certificate of insurance showing that the person or organization has obtained public liability and property damage insurance in amounts not less than the minimum set by the City Manager. The City of Lakewood shall be named as an additional insured and shall be notified by the insurer at least ten days prior to the cancellation of this insurance. Any waiver of this requirement cannot be construed as acceptance of liability for the event on the part of the City, nor should the event, via such waiver be treated as covered by the City's insurance. (Ord. 501 § 3 (part), 2009.)

12A.08.040Performance Bond.

No permit shall be issued for any parade, motorcade, run or assembly until the permitee shall file with the City of Lakewood a bond or deposit to pay for any costs reasonably anticipated to be incurred in removing debris, litter or papers from the street, highway, sidewalk, alley, or publicly owned parking lot as a result of the parade, motorcade, run or public assembly, provided that the City Manager or designee may make specific finding that such a bond may inhibit the expression of free speech in violation of the U.S. Constitution and therefore waive the bond for a specific event. (Ord. 501 § 3 (part), 2009.)

12A.08.050Application Review.

Each application for a permit to hold a parade, motorcade, run or assembly shall, when applicable, be reviewed by the City Manager or designee or other appropriate representatives of the City to determine compliance with the following requirements:

A. The proposed parade, motorcade, run or assembly will not jeopardize life and/or property;

B. The event as described on the application requires no supervision or patrol; or the event requires supervision or patrol and the application adequately describes the method of providing same without cost or participation from the City. (Ord. 501 § 3 (part), 2009.)

12A.08.060Approval/Denial of Application.

A. The City Manager or designee shall approve, approve as amended, or disapprove all applications not less than fifteen (15) days prior to the proposed event, with any disapprovals or conditions placed upon a permit being provided to the applicant in writing.

B. Decisions on approvals or conditions placed upon permits under this section shall be made without regard to the message, purpose or content of speech presented at the event.

C. As a condition of approval, the sponsor may be required to post notice in a local newspaper and/or at the proposed site of the event. The City Manager or designee may close for general use any public street, highway, alley, sidewalk or publicly owned parking lot in whole or in part, for the purpose of the event.

D. A permit may be conditioned, amended or denied upon written findings that:

1. The time, route and size of the assembly, motorcade, parade or run will unreasonably and unsafely disrupt the movement of other vehicular or pedestrian traffic;

2. The assembly, motorcade, parade or run is of a size or nature that requires the diversion of so great a number of law enforcement officers of the City to properly police the line of movement and the areas contiguous thereto that allowing the assembly, motorcade, parade or run would deny reasonable law enforcement protection to the City;

3. Such assembly, motorcade, parade or run will interfere with another assembly, motorcade, parade or run for which a permit has been issued; or

4. The assembly, motorcade, parade or run will impact principal arterial streets or minor arterial streets, as defined in LMC 12A.09.020, so that the arterial streets may become congested, so that police response or emergency vehicle access will be delayed, or so that entrances or exits to interstate highways would be blocked or congested.

E. Based upon the factors stated in subsection (D) above, it is within the discretion of the City Manager or designee to require amendments to the time, date, location or route proposed in the application for an assembly, motorcade, parade or run permit. A permit under this section shall be denied only upon specific findings of fact that state that no other reasonably alternative venue, time or location could safely accommodate the permit as requested. (Ord. 501 § 3 (part), 2009.)

12A.08.070Appeal Procedure.

The applicant may appeal the denial or conditions placed upon a permit within five (5) days after notice of denial or imposition of conditions by filing written notice of appeal with the City Clerk. The City Manager, or the designee thereof, shall have discretion with regard to whether the conditions or denial is appropriate or whether conditions can be waived to facilitate the event. Any applicant aggrieved by a decision of the City Manager in regard to a permit or the appeal of permit conditions shall have recourse to a court of competent jurisdiction in the form of injunctive or declaratory relief. (Ord. 501 § 3 (part), 2009.)

12A.08.080Officials to be Notified.

Immediately upon the granting of a permit for a parade, motorcade, run or public assembly, the City Manager or designee shall send a copy thereof to the appropriate representative of the departments of the City and other appropriate agencies such as local fire districts and the Washington State Patrol. (Ord. 501 § 3 (part), 2009.)

12A.08.090Revocation of Permit.

Any permit for a parade, motorcade, run or public assembly issued pursuant to this Chapter may be summarily revoked by an official of the City when such event becomes manifestly unsafe to life, safety or the public welfare. Such a permit may be summarily revoked by a City official when the activities of the participants in the event causes harm to public or private property. Revocation of a permit under the circumstances contemplated herein shall be by a public order to disperse. (Ord. 501 § 3 (part), 2009.)