Chapter 5.05


5.05.010    Definitions.

5.05.020    Permit required.

5.05.030    Permit application.

5.05.040    Permit issuance.

5.05.050    Action on permit application.

5.05.060    Grounds for denial of application.

5.05.070    Permit conditions.

5.05.080    Appeal procedure.

5.05.090    Indemnification agreement.

5.05.100    Insurance.

5.05.110    Fees for city services.

5.05.120    Cleanup deposits.

5.05.130    Revocation of permits.

5.05.140    Violation – Penalty.

5.05.150    Severability.

5.05.010 Definitions.

A. “Director” means the director of the Mount Vernon city parks department.

B. “Special events” include any event which is to be conducted on public property or on a public right-of-way; and, also, any event held on private property which would have a direct significant impact on traffic congestion, or traffic flow to and from the event over public streets or rights-of-way; or which would significantly impact the need for city-provided emergency services such as police, fire or medical aid. It is presumed that any event on private property which involves an open invitation to the public to attend or events where the attendance is by private invitation of 100 or more people are each presumed to be an event that will have a direct significant impact on the public streets, rights-of-way or emergency services. Special events might include, but not be limited to, fun runs, roadway foot races, fund-raising walks, auctions, bike-a-thons, parades, carnivals, shows or exhibitions, filming/movie events, circuses, block parties, markets, sporting events and fairs.

C. “Use” shall mean to construct, erect, or maintain in, on, over, or under any street, right-of-way, park or other public place any building, structure, sign, equipment or scaffolding; to deface any public right-of-way by painting, spraying or writing on the surface thereof; or to otherwise occupy in such a manner as to obstruct the normal public use of any public street, right-of-way, park or other public place within the city, including any use related to special events. (Ord. 3206 § 2, 2004).

5.05.020 Permit required.

Any person desiring to conduct or sponsor a parade, athletic event or other special event in the city of Mount Vernon shall first obtain a special event permit from the director. A special event permit is not required for the following:

A. Parades, athletic events or other special events that occur exclusively on city property and are sponsored or conducted in full by the city of Mount Vernon. An internal review process will be conducted for these events;

B. Funerals and weddings;

C. Groups required by law to be so assembled;

D. Gatherings of 30 or fewer people in a city park, unless merchandise or services are offered for sale or trade;

E. Temporary sales conducted by businesses, such as holiday sales, grand opening sales, or anniversary sales;

F. Garage sales and rummage sales;

G. The exhibition of films or motion pictures;

H. Other similar events and activities which do not directly affect or use city services or property. (Ord. 3206 § 2, 2004).

5.05.030 Permit application.

A. Any person desiring to sponsor a parade, athletic event or other special event shall apply for a special event permit by filing an application with the director, on the form supplied by the director, at least 60 days prior to the date on which the event is to occur. A completed application does not constitute approval of the permit.

B. A waiver of application deadline shall be granted upon a showing of good cause or at the discretion of the director. The director shall consider an application that is filed after the filing deadline if there is sufficient time to process and investigate the application and obtain police and other city services for the event. Good cause can be demonstrated by the applicant showing that the circumstances that gave rise to the permit application did not reasonably allow the participants to file within the time prescribed, and that the event is for the purpose of exercising the right of free speech. (Ord. 3206 § 2, 2004).

5.05.040 Permit issuance.

The director may issue the special events permit once the application has been approved, and the applicant has agreed in writing to comply with the terms and conditions of the permit and compliance with MVMC 5.05.090 pertaining to indemnification, MVMC 5.05.100 pertaining to insurance, MVMC 5.05.110 pertaining to police traffic control fees (when applicable), and MVMC 5.05.120 pertaining to cleanup deposits (when applicable). (Ord. 3206 § 2, 2004).

5.05.050 Action on permit application.

The director may approve, conditionally approve, or deny an application based on the recommendations of city departments involved in the review process of the application for special events permit on the grounds specified in MVMC 5.05.060. If the application is denied or conditionally approved, the director shall inform the applicant of the grounds for denial in writing, or the reason for a change in the date, time, route or location of the event, and the applicant’s right of appeal per MVMC 5.05.080. The applicant shall be notified of any permit conditions at the time the application is approved and of the applicant’s right of appeal of the permit conditions. (Ord. 3206 § 2, 2004).

5.05.060 Grounds for denial of application.

Approval of the issuance of a special event permit may be denied and/or the permit may be revoked if, in the sound discretion of the director, he or she finds that one or more of the following is more likely than not to be true:

A. The event would endanger public health.

B. The event would seriously inconvenience the general public’s use of the public property, services or facilities.

C. There are insufficient public safety personnel or other necessary city staff to accommodate the event so that it may occur in a reasonably safe manner.

D. The applicant fails to complete the application form after having been notified of the additional information or documents required.

E. Information contained in the application or supplemental information requested from the applicant is found to be false in any material detail.

F. The applicant refuses or fails to agree, to abide, or comply with all of the conditions and terms of the permit.

G. The location of the event will substantially interfere with any construction or maintenance work scheduled to take place upon or along public property or right-of-way, or previously granted encroachment permit.

H. The event shall occur at a time when a school is in session at a route or location adjacent to the school or class thereof, and the noise created by the activities of the event would substantially disrupt the educational activities of the school or class.

I. The dates of the event would conflict with other previously permitted events.

J. The applicant’s insurance lapses or is canceled.

K. The event would create or constitute a public nuisance.

L. The event would be likely to cause significant damage to public property or facilities.

M. The event would engage in or encourage participants to engage in illegal acts. (Ord. 3206 § 2, 2004).

5.05.070 Permit conditions.

The director may condition the issuance of a special events permit by imposing reasonable requirements concerning the 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 necessarily limited to:

A. Alteration of the date, time, route or location of the event proposed on the event application.

B. Conditions concerning the area of assembly and disbanding of an event occurring along the route.

C. Conditions concerning accommodation of pedestrian or vehicular traffic, including restricting the event to only a portion of the street or right-of-way.

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

E. Requirements for the provision of first aid or sanitary facilities.

F. Requirements for use of event monitors and providing notice of permit conditions to event participants.

G. Restrictions on the number and type of vehicles, animals or structures at the event, and inspection and approval of floats, structures, and decorated vehicles for fire safety.

H. Compliance with animal protection ordinances and laws.

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

J. Restrictions on the use of amplified sound and compliance with noise ordinance, regulations and laws.

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

L. Restrictions on the sale and/or consumption of alcohol.

M. Elimination of an activity which cannot be mitigated to a point as to ensure public safety and welfare, or which causes undue liability to the city.

N. Requirements regarding the use of city personnel and equipment.

O. Compliance with any other applicable federal, state or local law or regulation.

P. Pre-existing contractual obligations with the applicant/sponsor. (Ord. 3206 § 2, 2004).

5.05.080 Appeal procedure.

The applicant shall have the right to appeal the denial of a permit or a permit condition. The applicant shall also have the right to appeal the amount of fees or cleanup deposits imposed pursuant to MVMC 5.05.110 and 5.05.120, or a determination by the city that the applicant’s certificate of insurance does not comply with the requirements specified in MVMC 5.05.100. A written notice of appeal shall be filed within three business days after receipt or personal delivery of a notice of denial or permit conditions from the director. The written notice of appeal shall set forth the specific grounds for the appeal and attach any relevant documents for consideration. The city council shall hear the appeal on the record provided from the director and upon public comment given at the scheduled hearing before the council. The hearing shall be scheduled no later than 30 days after receipt of a timely and proper notice of appeals. Public comment at the appeal hearing shall be limited to three minutes per individual and 15 minutes each for appellant and city respondent. The decision of the city council is final. (Ord. 3206 § 2, 2004).

5.05.090 Indemnification agreement.

Prior to the issuance of a special 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 and defend 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. (Ord. 3206 § 2, 2004).

5.05.100 Insurance.

The following insurance shall be required in connection with the issuance of special use permits: $1,000,000 commercial general liability insurance per occurrence combined single limits, $2,000,000 aggregate, unless waived by the city council.

The director is authorized and directed to require written proof of such insurance prior to permit issuance. The insurance policy shall be written on an occurrence basis, shall name the city as an additional insured, shall be written for a period not less than 24 hours following the completion of the event, and shall contain a provision prohibiting cancellation of the policy except upon 30 days’ written notice to the city. (Ord. 3206 § 2, 2004).

5.05.110 Fees for city services.

A. Upon approval of an application for a special event permit, the director should provide the applicant with a statement of the estimated cost of providing city personnel and equipment if any are needed and available for the special event. The applicant/sponsor of the event should be required to prepay these estimated costs for city services and equipment 10 days prior to the special event. City services and equipment may include the use of police officers and public works employees for traffic and crowd control, pick up and delivery of traffic control devices, picnic tables, extraordinary street sweeping, and any other needed, requested or required city service and the cost of operating city equipment to provide such services.

B. If the actual cost for city services and equipment on the date(s) of the event is less than the estimated cost, the applicant/sponsor will be refunded the difference by the city in a timely manner. If the actual cost for city services and equipment on the date(s) of the event is greater than the estimated cost, the applicant/sponsor will be billed for the difference.

C. Permit fees and fees for the use of city services and equipment may be waived in part or in full by the city council based upon recommendation of the director if in review of the application it is found that the event is of sufficient public benefit to warrant the expenditure of city funds without reimbursement by the applicant/sponsor and would not result in the private financial gain of any individual or “for profit” entity.

D. Permit fees and fees for the use of city services and equipment may be waived in part or in full by the city council based upon recommendation of the director if in review of the application it is found that the event’s purpose is solely for constitutional First Amendment exercise, and that the cost of city services and equipment is so financially burdensome that it would constitute an unreasonable burden on the right of First Amendment exercise. Any applicant/sponsor seeking a partial or full waiver of permit fees and fees for city services must file a verified statement under oath as to the reasons and facts which would exempt the applicant/sponsor from such fees when the permit application is submitted. (Ord. 3206 § 2, 2004).

5.05.120 Cleanup deposits.

A. The applicant/sponsor of an event involving the sale of food or beverages for immediate consumption, erections of structures, horses or other large animals, water aid stations or any other event likely to create a substantial need for cleanup, may be required to provide a cleanup deposit prior to the issuance of a special event permit.

B. The cleanup deposit may be returned after the event if the area used for the permitted event has been cleaned and restored to the same condition as existed prior to the event. If the property used for the event has not been properly cleaned or restored, the applicant/sponsor shall be billed for the actual cost by the city for cleanup and restoration. The cleanup deposit shall be applied toward the payment of the bill. (Ord. 3206 § 2, 2004).

5.05.130 Revocation of permits.

Any permit issued pursuant to this chapter may be summarily revoked by the director at any time when, by reason of disaster, public calamity, riot or other emergency or exigent circumstances, the director determines that the safety of the public or property requires such immediate revocation. The director may also summarily revoke any permit issued pursuant to this chapter if the director finds that the permit has been issued based upon false information or when the permittee exceeds the scope of the permit or fails to comply with any condition of the permit. 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 the application. (Ord. 3206 § 2, 2004).

5.05.140 Violation – Penalty.

A. It shall be unlawful for any person to sponsor or conduct a special event requiring a special event permit pursuant to this chapter unless a valid permit has been issued and remains in effect for the event. It is unlawful for any person to participate in such an event with the knowledge that the sponsor of the event has not been issued a required, valid permit or with knowledge that a once valid permit has expired or been revoked.

B. The special event permit authorizes the permittee/sponsor to conduct only such an event as it is described in the permit, and in accordance with the terms and conditions of the permit. It is unlawful for the permittee/sponsor to willfully violate the terms and conditions of the permit or for any event participate with knowledge thereto to willfully violate the terms and conditions of the permit or to continue with the event if the permit is revoked or expired.

C. Any person or organization violating the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a penalty of not more than $1,000 or imprisonment of not more than 90 days, or both such fine and imprisonment. (Ord. 3206 § 2, 2004).

5.05.150 Severability.

If any section, subsection, sentence, clause, chapter, provision, or phrase of this chapter or its application to any person or circumstance is found to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remainder of the chapter or the application or the provisions to other persons or circumstances. (Ord. 3206 § 2, 2004).