Chapter 5.30
SPECIAL EVENTS

Sections:

5.30.010    Purpose.

5.30.020    Definitions.

5.30.030    General provisions applicable to all special events.

5.30.040    Permits and administration.

5.30.050    Permit decision.

5.30.010 Purpose.

The purpose of this chapter is to accommodate and allow for individual, occasional, or seasonal activities and events desired by members of the community and to: (A) ensure special events and activities do not unduly impact or threaten the public’s health, safety and welfare; (B) protect and preserve public infrastructure and city resources; (C) prevent unplanned disruption of public services; (D) mitigate impacts to the extent feasible; (E) allow for the exercise of protected free speech; and (F) facilitate business events of a singular or infrequent nature. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 3128 § 4 (Exh. A), 2015)

5.30.020 Definitions.

A. “Carnival” means a type of special event involving amusement rides or games to which members of the public are invited.

B. “Circus” means a type of special event conducted by any organization whose general occupation is that of exhibiting exotic animals, feats of horsemanship, animal stunts, and aerobatics, for admission to which a fee is charged.

C. “Emergency response plan” means a plan detailing the expected actions of event management and/or public safety agencies in the event or threat of an emergency.

D. “Fire marshal” means the city of Lynnwood (“Lynnwood”) fire marshal or his/her designee.

E. “Market” means a single or reoccurring special event intended to facilitate the purchase and sale of food, beverages, crafts, flowers, etc., produced, harvested, and/or manufactured by the vendor. Markets consist of multiple vendors co-locating under the direction of a central entity responsible for promotion, sanitation, permitting/licensing, utilities, and coordination with affected property owners, regulatory agencies, and service providers. Reoccurring markets are typically conducted on a weekly or monthly basis during one or more seasons per year.

F. “Parade” means a type of special event involving an organized procession or march of more than 25 persons or things that temporarily disrupts the general public’s normal use of public streets or sidewalks.

G. “Private” or “private event” means an event where persons are specifically and individually invited. It does not include an event where tickets, invitations, or announcements are available to the public. Events conducted entirely within a building are exempt from the need to obtain a permit under this section.

H. “Public” or “public event” means a special event open to the public, and includes an event where tickets, invitations, or announcements are available to the public. Events conducted entirely within a building are exempt from the need to obtain a permit under this section.

I. “Run” or “race” means a type of special event involving any race, contest or event, whether of a competitive or a noncompetitive nature, involving a procession of persons, whether afoot or upon any vehicle or device propelled by the human body, including but not limited to marathons, fun runs, walkathons, and bicycle races.

J. “Security” means employees, or other hired personnel, dedicated to maintaining order and ensuring compliance with the laws of the state of Washington and ordinances of Lynnwood.

K. “Site” has the same meaning as set forth in Chapter 21.02 LMC as now or hereafter amended, and in addition in the case of undeveloped property, a land area under common ownership, whether the land area is comprised of one lot, a combination of contiguous lots, or contiguous fractions of lots.

L. “Special event” means an activity or occurrence of limited duration such as a fair, show, festival, party, parade, carnival, circus, rodeo, promotion, entertainment, fireworks display, market, or tent sale that: (1) has the potential to impact public streets, sidewalks, utilities, or public services; or (2) disrupts or precludes the normal or intended use of property and results in considerable impact upon nearby properties. Activities associated with construction and repair are not considered to be or regulated as special events. Special events may occur upon private property or public property, or within the public right-of-way. Events conducted entirely within a building are exempt from the need to obtain a permit under this section. Special events include commercial special events, community special events, and expressive special events as further defined below:

1. “Commercial special event” means an activity or occurrence sponsored and operated by one or more businesses that is conducted primarily for the exchange of goods or services for financial gain. Commercial special events typically occur upon private property. Examples of commercial special events include parking lot sales and tent sales, promotional events, sidewalk sales, etc.

2. “Community special event” means an activity or occurrence sponsored and operated by one or more nonprofit, or public, or business entities that is conducted primarily for the public’s entertainment, celebration, fundraising, education, or recreation. Community special events may include the conducting of commerce, and typically involve the use of public parks and/or rights-of-way. Examples of community special events include community fairs, parades, concerts free to the general public, farmers’s markets, runs or races, religious outreach events, etc.

3. “Expressive special event” means an activity or occurrence where the sole or principal purpose is the expression, dissemination, or communication of political or religious opinion, views or ideas, and for which no fee or donation is charged or required as a condition of participation or attendance. Examples of expressive special events include: political rallies, marches, public speeches, and political demonstrations. For purposes of this chapter, expressive activity does not include sports events, including a run or race, fundraising events, or events conducted for the principal purpose of entertainment.

M. “Tent” means temporary membrane structures and shelters such as pop-up canopies, sails, etc., as defined in the current editions of the fire and building codes, as amended in LMC Title 9, and adopted by the city. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 3128 § 4 (Exh. A), 2015)

5.30.030 General provisions applicable to all special events.

A. Permit Required. Any person desiring to conduct or operate a special event within Lynnwood shall first obtain a special event permit from the city. It shall be unlawful for any person to sponsor or conduct an event or activity requiring a special event permit without a valid special event permit. Penalties for violation of the terms of this chapter shall be as specified by this chapter. The permits and any related fees required under this chapter are separate from the license required under Chapter 5.06 LMC.

B. Consistency with Permit and Law. A special event shall be conducted: as described by the special event permit; in accordance with the terms and conditions of the permit; and in accordance with applicable law.

C. Tents. The use of tents shall conform to the International Fire and Building Codes, as amended and adopted by the city, and other provisions of LMC Title 9, including requirements related to wind, snow, and seismic forces.

D. Public and Personal Safety. The configuration and operation of special events shall conform to applicable laws and regulations, including provisions relating to emergency ingress and egress, barrier-free facilities, fire prevention, health and sanitation, and the operation of vehicles and equipment.

E. Solid Waste. Receptacles for garbage and recyclable materials shall be provided as specified by the director or the director’s designee and in conformance with Chapter 70.93 RCW. Solid waste containers shall be closed/covered at the conclusion of each day of activity associated with the special event. The site of special event, and adjoining properties, shall be maintained free of litter associated with the special event.

F. Business Licenses and Taxes. As required by applicable law, special event businesses/vendors shall have Lynnwood business licenses and record, report and remit taxes.

G. Exemptions. The following activities and occurrences shall comply with applicable laws and regulations, but are exempt from the permit requirements of this chapter:

1. Scheduled events utilizing reserved public park and recreation facilities, in accordance with the intended use of the facility, and with park rules and policies.

2. A privately scheduled, non-reoccurring event upon private property in a residential zone with up to 100 persons attending.

3. Funeral and wedding processions.

4. The temporary sale of seasonal goods when regulated by other statutes, such as Christmas tree sales and peddling of farm produce.

5. Neighborhood block parties.

6. Expressive special events not needing a special event permit.

7. Events taking place entirely within commercial and other nonresidential buildings.

H. Signs.

1. With a special event permit application, applicants may request and the director may authorize the use of temporary on-site (on-premises) and off-site (off-premises) signs as allowed by this chapter.

2. Special event signs shall not be detrimental to the public health, safety or welfare, nor injurious to property or improvements in the vicinity of the sign. Signs shall not obstruct visibility for motorists and pedestrians, nor impede access to buildings or property. The installation of signs upon public property shall be subject to inspection by the building official and/or city engineer.

3. The applicant shall be responsible for installation, maintenance, and removal of all signs.

4. Signs for special events shall conform to the provisions of Table 5.30.030(H).

Table 5.30.030(H) 

 

Maximum Allowed per Special Community Event

Maximum Allowed per Special Commercial Event

All signs

Balloon or other inflatable sign

Not permitted.

Not permitted.

Duration of display after event

2 days.

1 day.

Size of banner

As approved by the director.

As approved by the director.

Size of portable sign

12 square feet.

12 square feet.

Banner

1 per frontage, 7 days prior to event.

2 per frontage or entrance, 24 hours prior to event.

1 per frontage, 7 days prior to event.

2 per frontage or entrance, 24 hours prior to event.

On-site signs

Portable sign

2 per frontage or entrance on day(s) of event.

2 per frontage or entrance on day(s) of event.

Off-site signs

Banner

5 banners may be displayed 3 weeks prior to event.

2 banners may be displayed 3 days prior to event.

Portable sign

5 portable signs for directional purposes.

5 portable signs for directional purposes.

Over-road banner

As authorized by the public works director.

I. Duration and Frequency. Unless alternative times are authorized by the director, time limitations for outdoor special events shall conform to Table 5.30.030(I).

Table 5.30.030(I) 

 

Number of Days

Maximum duration of a special event, excluding set-up and take-down

14

Maximum number of days of special event per site per year

60 + 5 individual days for nonprofit fundraising only

Minimum number of days between commercial special events on same site

5

J. An applicant may request and the director may approve a special event permit for reoccurring special events of an identical nature to be conducted during a calendar year. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 3128 § 4 (Exh. A), 2015)

5.30.040 Permits and administration.

A. The director or the director’s designee is authorized to prepare and maintain necessary application forms, and may issue written administrative policies and procedures as needed for the implementation of this chapter.

B. Applications for special events shall be submitted to the director or the director’s designee a minimum of 21 days prior to the event. The director shall have the authority to adjust this time requirement.

C. Applications for special events shall include written authorization of the property owner. For special events proposed upon city-owned property, the approval of a special event permit application shall constitute city authorization to conduct the event upon the property described in the permit application.

D. As specified by the director, information required for a complete special event permit application shall include all information necessary to review and issue a decision on the application. Based on the specific event, these may include:

1. The name, address, and contact information for the individuals responsible for organization and management of the event.

2. A full and complete description of the proposed special event.

3. The dates and times of the special event, the estimated number of persons expected to attend per day and the number of persons expected to operate the activity on a daily basis. The dates and times needed for set-up and removal of event facilities shall be specified.

4. The location of the principal place(s) of business of such person(s), firm(s) or corporation(s).

5. The name, addresses, and contact information for the owner(s) of the event property. Written authorization of the owner(s) of the event property.

6. If any tents, canopies, inflatable objects or membrane structures are desired for use in connection with the activity, an event site plan as described in subsection (D)(8) of this section shall be provided, noting the number, size and location(s) desired thereof.

7. The number, type, location, size, manner of placement, materials and description of proposed on-site and off-site signs.

8. A site plan of the special event, drawn to scale, indicating the location of permanent and temporary structures, activity areas, on-site and off-site parking spaces to be used for the event, parking for regular and concurrent land uses at the event site, surrounding streets and driveways, property lines, fire lanes, fire hydrants, restrooms, building exits, and staging and support areas.

9. An estimate of parking demand generated by the event concurrent with regular, ongoing land uses on site or vicinity.

10. Planned street closures, use of barricades, etc.

11. Provisions for appropriate infrastructure, including: restrooms; solid waste disposal and removal; potable water; electric power; on-site first aid; and compliance with health district and WSLCB regulations regarding food and beverages.

12. Live or recorded entertainment and/or the use of public address and/or amplified music.

13. Use of exterior lighting.

14. A security plan and emergency response plan.

15. A Lynnwood business license number when a business license is required by this title. If a business license is required but has not yet been issued, a copy of the application for Lynnwood business license.

16. Such other and further information as any city department processing the application deems necessary in the interest of the public health, safety and welfare to enable it to review the application.

E. As a required element of the special event permit application, the applicant and property owner shall hold Lynnwood harmless from any liability arising from the permitted activity and agree to abide by any conditions imposed upon the permit, the provisions of this chapter and all applicable law.

F. Application fee(s) for commercial special event, community special event, city-sponsored special event, and expression special event permits are as specified by Chapter 3.104 LMC.

G. Repeating Special Event. The director may accept and consider a special event permit application for multiple but identical special events to be conducted during a period of up to 12 consecutive months. For identical repeating events that do not require staff review or inspection, the director may waive the application fee for repeating special events.

H. Suspension and Revocation.

1. In instances that the event does not comply with the provisions of this chapter, the terms and conditions of the approved permit, or other applicable law, the director may suspend or revoke an approved special event permit with the issuance of written findings.

2. When necessary to prevent serious injury to persons, property or the public peace, health, safety or welfare, the fire marshal, building official, director or chief of police or designee may suspend or revoke an approved special event permit effective immediately. The city official shall deliver written notice of suspension or revocation to the permit applicant/event manager. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 3128 § 4 (Exh. A), 2015)

5.30.050 Permit decision.

A. Following consultation with affected departments, the director may approve, conditionally approve, or deny an application for a special event permit based upon the provisions of this chapter. When an application is conditionally approved or denied, the director shall provide written explanation of the grounds for the conditions of approval or denial, and the applicant’s right of appeal.

B. Decision Criteria. In reviewing an application for a special event permit, the director or the director’s designee shall consult with other departments and agencies and shall approve the application if the following criteria are satisfied:

1. The application conforms to the requirements of this chapter and administrative requirements specified in writing by the director.

2. Means of ingress and egress to the site and nearby properties are maintained.

3. Adequate parking is provided for the event and concurrent, regular activities on site or in the vicinity. Parking may be located on site, upon nearby streets, or off site through written agreement.

4. Adequate and appropriate measures are planned to mitigate or prevent adverse impacts including, but not limited to:

a. Traffic congestion.

b. Insufficient supply of parking.

c. Excessive or harmful fumes, odor, smoke, or other air emissions.

d. Excessive or harmful noise, sound, or vibration.

e. Excessive or harmful light, reflection, or glare.

f. Unlawful activity or behavior by individuals or groups.

g. Other conditions detrimental to the health, safety, and welfare of the public.

5. Adequate and appropriate means of ensuring the safe movement, assemblage, and dispersion of people. Such measures may include the use of safety guardrails, fences, ropes, barricades, etc.

6. Adequate and appropriate restroom facilities.

C. As a condition of approval of a special event permit application, the director or the director’s designee may require a monetary deposit in order to ensure cost recovery for city services necessitated by the special event. Examples of such city expenses include special staffing for public safety, inspections during nonbusiness hours, use of city-owned equipment or utilities, and administrative overhead. For unlawful special events conducted without permit approval, the city’s authority to ensure cost recovery shall be identical to that provided herein.

D. As a condition of approval of a special event permit application, the director shall require a monetary deposit in order to ensure the terms of the special event permit are satisfied, such as requirements for site restoration, solid waste collection and removal, and event security.

E. As a condition of approval of a special event permit application, the director may require a certificate of comprehensive general liability insurance with coverage in the amount specified by the director or the director’s designee, naming the city as an insured party, and naming each rider on such policy. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 3128 § 4 (Exh. A), 2015)