Chapter 5.30
SPECIAL EVENT PERMITS
Sections:
5.30.020 Special event permit required.
5.30.050 Minimum requirements for special event permit.
5.30.090 Approval of permit by city council—Exception.
5.30.100 Penalty for violation.
5.30.010 Definitions.
A. “Block party” means a limited street closure within a residentially zoned area for the purposes of holding a gathering involving the immediately surrounding residents and those invitees.
B. “City administrator,” for permits which require city council approval and for solely Sections 5.30.050 and 5.30.060, means, in addition to its normal meaning, the city council.
C. “Funeral procession” means a single direct movement from a mortuary or church to the place of burial of a human body, under direction of an authorized funeral director.
D. “Parade” means a march or procession of any kind.
E. “Person” means any individual, corporation, partnership or association, or other entity and the agents, employees, servants and legal successors thereof; or agency of state, county or municipal government; or agency of the federal government which is subject to the jurisdiction of the state of Washington.
F. “Special event” means a temporary activity, carnival, parade, assembly, procession, block party, fun-run, roadway foot races, community-sponsored activity, art and craft fairs or other similar function that is conducted wholly or partly on public property or any event on private property that involves an open invitation to the public. An “open invitation to the public” includes, but is not limited to, events for which admission requires a ticket. “Special event” excludes functions conducted on property where outdoor functions have been permitted after having gone through site review pursuant to Section 18.75.040, where such function is consistent in scope with the approval obtained by site review.
G. “Temporary” means, for the purposes of this chapter only, no more than four consecutive days during any calendar year. (Ord. 2737 § 2, 2011).
5.30.020 Special event permit required.
A special event permit shall be required prior to conducting a special event unless specifically exempted. Any and all other state, federal, and/or local permits required to operate the special event must be obtained prior to operation. (Ord. 3055 § 1, 2018: Ord. 2737 § 3, 2011).
5.30.030 Exemptions.
The following activities are exempt from the permit requirements for special events:
A. Events conducted by the city of Prosser;
B. Funeral processions;
C. Events conducted within a building designed for that purpose, including, but not limited to, churches, event centers, schools, and wineries; and
D. An event or events conducted with a valid facility lease agreement. (Ord. 3055 § 2, 2018: Ord. 2737 § 4, 2011).
5.30.040 Application.
An application for a special event shall be made at least thirty days prior to the event; provided, that applications submitted less than thirty days prior to the event may be accepted if the city administrator, or his or her designee, finds that there is adequate time to properly process the request, that all requirements of the permit can be met without undue strain on city resources and the date and venue are available for use. Applications shall include, but not be limited to, the following information:
A. A completed application form provided by the city administrator, or his or her designee;
B. The applicant and contact person’s names, phone numbers, and addresses, including phone number available during operation of the special event;
C. A narrative including a detailed description, location, time frame and purpose of special event;
D. A site plan of the special event site indicating the location of any features used during the event. The site plan shall be neatly drawn and include, but is not limited to, the following information:
1. The boundaries of the event site;
2. The location of event features, including but not limited to booths, ride areas, and equipment;
3. Any parking areas to be used by the event visitors or staff;
4. Location of restrooms, waste facilities, and trash receptacles;
5. First aid station, if requested by city;
6. Any other public safety measure as requested by city;
E. The location and map of any proposed street use and/or closure and necessary detours;
F. Events including a parade or procession along city streets shall include the following additional information:
1. Timing of the parade or procession;
2. The location of all aspects of the parade or procession including staging area, route, disbanding area;
3. The number and type of vehicles to be used;
4. The maximum length and travel speeds; and
5. The number and location of monitors or traffic control;
G. Any additional information deemed necessary by the city administrator, or his or her designee, to properly review the application. (Ord. 3055 § 3, 2018: Ord. 2737 § 5, 2011).
5.30.050 Minimum requirements for special event permit.
The following standards are the minimum necessary to receive a permit. The city administrator, or his or her designee, may impose additional reasonable conditions in order to protect the public’s health, safety and general welfare.
A. The location, size and features are suitable for the proposed event and will not be harmful to the health, safety and welfare of the community.
B. Appropriate provisions are made for parking, waste management, restroom facilities, traffic control and circulation, security, noise generated by the event, health and safety, and access.
C. Closures of public streets and/or access ways will not result in a serious inconvenience to the general public and appropriate provisions for emergency vehicle access is provided.
D. Prior to commencing operation, the event site shall be inspected by city officials, which may include the city police department and the entity providing fire protection services within the city, and any other official deemed appropriate by the city administrator, or his or her designee, to ensure the protection of the public health, safety, and welfare.
E. For special events involving the use of city facilities, parks or public right-of-way, proof of liability insurance with coverage in the amount of one million dollars per occurrence, unless an additional amount is required for the activity per the city administrator. The city administrator may allow a lower amount or waive this requirement when the event is not open to the general public and the risks presented by the request justify a lower amount. Said insurance shall be provided by an insurance carrier approved by the city and in a form approved by the city, shall name the city of Prosser as an additional insured, and shall provide that the insurance shall not be cancelled without thirty days’ prior written notice to the city. Insurance provisions are not required for block party events. In addition, the applicant shall execute an agreement to indemnify, defend, and hold harmless the city, its officials, employees and volunteers from and against any and all claims, suits, actions, or liabilities associated with the operation of the special event.
F. If the special event is to be on city-owned property, the applicant shall provide a layout of the event site and, based on the event, may be required to also provide a waste management and restoration plan to the city administrator, or his or her designee. The city shall require either a security deposit or a bond to pay for any repairs and/or replacement of park property that may arise from the special event. The amount of the deposit or bond shall be determined by the city administrator, or his or her designee, based upon the size of the event and the likelihood that it might result in damage to the city-owned property.
G. A health permit shall be posted on site for any use that provides beverage and/or food service that requires such a permit.
H. Where a permit will result in the closure of a city property or right-of-way to use by the general public the applicant may be required to post notice of the closure at least forty-eight hours in advance of the event. Failure by the event organizer to fulfill this requirement as part of the permit application and approval process may result in the event being cancelled and the permit revoked.
I. A copy of the approved special events permit shall be maintained at the location of the special event throughout the duration of the event.
J. Events shall comply with the noise standards of Chapter 8.50 unless specifically identified within the application. Requests for exceptions to the noise standards will be considered based on the nature of the event and the surrounding area.
K. The city administrator, or his or her designee, shall provide public notice of the application not less than ten calendar days before he approves or denies the application by posting the application on the city’s website. Any person may request to be added to an electronic mailing list to receive notice of all special event permit applications by e-mail. Failure to e-mail notice shall not be grounds to invalidate any special event permit issued by the city. The city administrator, or his or her designee, may provide additional notice, at his discretion. The city administrator, or his or her designee, shall consider any comments when approving or denying the application. (Ord. 3055 § 4, 2018: Ord. 2931 § 1, 2015: Ord. 2775 § 1, 2012: Ord. 2737 § 6, 2011).
5.30.060 Grounds for denial.
Approval of a special event permit may be denied or revoked if the city administrator or his designee reasonably determines that:
A. The proposed event is not consistent with the standards of this chapter.
B. The proposed event would endanger public health or safety.
C. The proposed event would seriously inconvenience or impair the general public’s use of public property, services, or facilities.
D. The proposed event interferes with another event for which a permit has previously been granted.
E. The proposed event would interfere with any construction or maintenance work scheduled to take place upon public property or right-of-way.
F. The purpose of the event is to incite crime or the overthrow of the government by force. (Ord. 2737 § 7, 2011).
5.30.070 Fees.
The applicant shall pay a nonrefundable permit fee at the time of filing the application in the amount established by resolution or ordinance of the city council. (Ord. 3055 § 5, 2018: Ord. 2737 § 8, 2011).
5.30.080 Appeals.
Any person who submitted comments on the application, and the applicant, may appeal the city administrator’s, or his designee’s, decision to issue or not to issue a special event permit to the city council and shall pay a nonrefundable appeal fee established by resolution or ordinance of the city council. A written appeal must be received by the city clerk within five days after a written decision. A hearing shall be held not more than fourteen business days after the receipt of the request for a hearing. The applicant and any person who submitted comments on the application shall have the right to attend said hearing and present evidence. Any hearing under this chapter shall be conducted at a city council meeting, on an informal basis. A record of the hearing, including the date of hearing, who was present, and the findings made as to whether or not the decision was consistent with the approval criteria shall be made in writing. The written finding shall be filed with the city administrator or his designee. Any party who could have appealed the decision shall be provided notice of the hearing, not less than five business days before the hearing. (Ord. 2737 § 9, 2011).
5.30.090 Approval of permit by city council—Exception.
Notwithstanding anything to the contrary in this chapter, only the city council may approve a permit for an event reasonably expected to draw more than five hundred persons to one location in any one-hour period. The following events are exempt from city council approval and may be approved in accordance with the administrative procedures in this chapter: State’s Day Celebration, Fourth of July Celebration, and The Great Prosser Balloon Rally. The decision of the city council shall be final. (Ord. 3055 § 6, 2018: Ord. 2737 § 10, 2011).
5.30.100 Penalty for violation.
Any person violating or failing to comply with any provisions of this chapter shall commit a class 1 civil infraction which shall be issued in accordance with Chapter 1.40. Each day of violation shall constitute a separate offense. The city shall not be required to attempt to obtain voluntary correction as provided for in Section 1.40.030 prior to issuing the civil infraction. (Ord. 2737 § 11, 2011).
5.30.110 Revocation.
A. A special events permit issued under this chapter shall be temporary, shall vest no permanent rights in the applicant, and may be immediately revoked or suspended by the city administrator or his designee if:
1. The applicant has made a misstatement of material fact in the information supplied; the applicant has failed to fulfill a term or condition of the permit in a timely manner; or the check submitted by the applicant in payment of the fee for a permit has been dishonored;
2. The applicant requests the cancellation of the permit or cancels the event;
3. The activity endangers or threatens persons or property, or otherwise jeopardizes the health, safety, or welfare of persons or property;
4. The activity conducted is in violation of any of the terms or conditions of the special events permit;
5. An emergency or supervening occurrence requires the cancellation or termination of the event in order to protect the public health or safety;
6. The applicant fails to prepay any required expenses.
B. The city shall refund the permit fee in the event of a revocation caused by an emergency or supervening occurrence. (Ord. 2737 § 12, 2011).
5.30.120 Inconsistency.
In the event that the provisions of this chapter are inconsistent with the provisions of another section of the Prosser Municipal Code, then the provisions of this chapter shall prevail. (Ord. 2737 § 13, 2011).
5.30.990 Severability.
If any section, subsection, sentence, clause, paragraph, phrase, or word of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, paragraph, phrase or word of this chapter. (Ord. 2737 § 14, 2011).