Chapter 12.15
SPECIAL EVENTS

Sections:

12.15.010    Purpose and intent.

12.15.020    Definitions.

12.15.030    Permit – Required.

12.15.040    Permit – Application – Fee.

12.15.050    Permit – Application – Contents.

12.15.060    Permit – Application – Filing period.

12.15.070    Notification.

12.15.080    Bond required.

12.15.090    Insurance required.

12.15.100    Hold harmless – Limitation of liability.

12.15.110    Permit – Issuance standards.

12.15.120    Appeal procedure.

12.15.130    Permit – Revocation.

12.15.140    Traffic control.

12.15.150    Sanitation.

12.15.160    Exemptions.

12.15.170    Violation – Penalty.

12.15.010 Purpose and intent.

A. The purpose of this chapter is to provide reasonable supervision of any movement of persons or vehicles within the limits of the city by way of runs, parades, street dances, and special events, for the protection of persons and property.

B. The intent of this chapter is to allow community-based organizations to sponsor special events on public thoroughfares, and in parks, and to provide guidelines that protect the public’s health, safety and welfare. (Ord. 1621 § 1, 2004).

12.15.020 Definitions.

“Car show” means any organized function of 10 or more vehicles held on a public street, sidewalk, publicly owned parking lot, or city park.

“Parade” means any march or procession consisting of people, animals, bicycles, vehicles, or a 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.

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

“Special event” means any parade, run, street dance, or a public gathering of 100 people or more.

“Street” or “streets” means any public roadway, sidewalk, or portions thereof in the city of Milton dedicated to public use.

“Street dance” means any organized dance of three or more couples on any public street, public sidewalk, publicly owned parking lot, or city park. (Ord. 1621 § 1, 2004).

12.15.030 Permit – Required.

No person shall engage in, participate in, aid, form or start any special event unless a permit has been obtained from the city clerk. (Ord. 1621 § 1, 2004).

12.15.040 Permit – Application – Fee.

There shall be paid by the sponsor(s) at the time of application a nonrefundable fee of $25.00 for each special event. Additional fees may apply. Reference the administrative fee schedule. (Ord. 1621 § 1, 2004).

12.15.050 Permit – Application – Contents.

Applications for a special events permit shall state:

A. Name and address of applicant;

B. Date and time of event;

C. Name of sponsoring organization;

D. Probable number of participants;

E. Route(s), to include starting point and termination, if applicable to the event;

F. Required access to public rights-of-way;

G. Location of assembly areas;

H. Copy of liability insurance coverage;

I. Security and traffic control provisions, if applicable;

J. Emergency medical provisions; and

K. Clean-up and waste removal plan. (Ord. 1621 § 1, 2004).

12.15.060 Permit – Application – Filing period.

An application for a special events permit shall be filed with the city clerk not less than 30 days nor more than 365 days before the date on which the event will occur; provided, however, that nothing herein shall be construed to restrict constitutionally protected speech. The clerk shall notify the applicant of approval or disapproval no later than 10 days following the date of the application. (Ord. 1621 § 1, 2004).

12.15.070 Notification.

The applicant is required to notify the property owners and/or businesses located in the vicinity of the event, verbally or in writing, and no less than 10 days from the date of the event, the date, time and general purpose of said event. The city clerk shall have the authority to determine the parameters and extent of the notification. (Ord. 1621 § 1, 2004).

12.15.080 Bond required.

The city clerk shall set an amount for a cash deposit or surety bond as a guarantee that the expenses of cleaning up, traffic control and/or temporary electrical services, if necessary, will be paid by the sponsoring organization. The amount shall not be less than $25.00 nor more than $500.00. The clerk shall determine the bond amount by such factors as type of event, projected number of participants and spectators, and the sponsor’s experience. (Ord. 1621 § 1, 2004).

12.15.090 Insurance required.

The applicant shall show proof of liability insurance with a combined single limit of $500,000 for each incident. The city’s risk manager may require the permittee to obtain additional insurance coverage. The city shall not be deemed to have assessed the risks that may be applicable to the event. Permittee shall be responsible for assessing the risks of the event and obtaining additional insurance coverage if appropriate and prudent. A specimen copy shall be filed with the application and shall name the city of Milton as an additional named insured. (Ord. 1621 § 1, 2004).

12.15.100 Hold harmless – Limitation of liability.

A. Upon application for a special commercial event permit, the permit applicant and authorized officer of the sponsoring organization must agree to reimburse the city for any costs incurred by it in repairing damage to city property and indemnify, defend, and hold harmless the city, its officers, employees, and agents from all causes of action, claims or liabilities occurring in connection with the permitted event, except those which occur due to the city’s sole negligence.

B. This chapter shall not be construed as imposing upon the city or its officials or employees any liability or responsibility for any injury or damage to any person in any way connected to the use for which permit has been issued. The city and its officials and employees shall not be deemed to have assumed any liability or responsibility by reasons of inspections performed, the issuance of any permit, or the approval of any use of the right-of-way. This chapter shall not create any duty owed by the city as to any specific person, party or class. Any duty nevertheless deemed to exist or arise in connection with the city’s permitting function shall be deemed exclusively a duty to the general public as a whole and not to any specific person, party or class. (Ord. 1621 § 1, 2004).

12.15.110 Permit – Issuance standards.

The city clerk shall issue a special events permit unless she/he finds one or more of the following:

A. The time, route, and size will unreasonably disrupt the movement of other traffic contiguous to the route;

B. The event will interfere with access to fire stations and fire hydrants;

C. The location of the event will cause undue hardship to adjacent businesses or residents;

D. The event will require the diversion of so many public employees that allowing the event would unreasonably deny service to the remainder of the city;

E. The applicant failed to remit all customary and reasonable fees, insurance documents, or bonds, or the application contains incomplete or false information; or

F. The event exceeds three consecutive days of occurrence. (Ord. 1621 § 1, 2004).

12.15.120 Appeal procedure.

Upon denial of a permit by the city clerk, an applicant may appeal to the city council by filing a written notice of appeal for a hearing by the city council at its next regularly scheduled meeting. Upon such appeal, the city council may reverse, affirm, or modify the city clerk’s determination. (Ord. 1621 § 1, 2004).

12.15.130 Permit – Revocation.

In addition to the reasons specified elsewhere in this chapter, any permit issued under this chapter may be revoked by the city clerk at any time for reasons of disaster, public calamity, riot or other emergency or exigent circumstances, or when the city clerk determines that the safety of the public or property requires such immediate revocation. The city clerk may also revoke any permit issued pursuant to this chapter if the permit has been issued based upon false information or when the permit holder exceeds the scope of the permit or fails to comply with any condition of the permit. The clerk shall notify the permittee of the revocation, in writing, no later than 15 days prior to the event, or as soon as possible. (Ord. 1621 § 1, 2004).

12.15.140 Traffic control.

The Milton police department 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 city clerk will notify the applicant(s) of the projected expense and collect this amount before a permit is issued. (Ord. 1621 § 1, 2004).

12.15.150 Sanitation.

A special event permit may be issued only after adequate waste disposal facilities have been identified and obtained by permittee as agreed to by the public works director. Within 24 hours of the conclusion of the event, permittee will clean the event site and the right-of-way of rubbish and debris, returning it to its pre-event condition. If the permittee fails to clean up such refuse, such clean-up shall be arranged by the city and the costs charged to the permittee. (Ord. 1621 § 1, 2004).

12.15.160 Exemptions.

The city of Milton, and any such authorized sponsors working in conjunction with the city of Milton to sponsor a special event, are specifically exempt from the provisions and permit requirements herein and as specifically set forth:

A. Noise. Amplified and unamplified sounds originating from officially sanctioned parades, picnics, car shows, dances, concerts, and other city-sponsored or city-approved public events are exempt from the prohibitions of Chapter 9.37 MMC.

B. Animals. Officially sanctioned parades, picnics, car shows, dances, concerts and other city-sponsored or city-approved public events are exempt from the prohibitions of MMC 12.16.130, Riding horses prohibited.

C. Motorized Vehicles. Officially sanctioned car shows or other city-sponsored or city-approved public events are exempt from the prohibitions of MMC 12.16.120, Motor vehicle speed limit – Standing and parking prohibited. (Ord. 1621 § 1, 2004).

12.15.170 Violation – Penalty.

Violations of any portion of this chapter is considered an infraction and subject to a penalty of $500.00. (Ord. 1621 § 1, 2004).