Chapter 12.44
SPECIAL EVENTS
Sections:
12.44.070 Departmental analysis.
12.44.080 Approval/denial by the city.
12.44.110 Indemnification agreement.
12.44.130 Revocation of special event permit.
12.44.010 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. 2097-25 § 2, 2025)
12.44.020 Applicability.
A. This chapter applies only to “special events” as defined in Section 12.44.030.
B. This chapter specifically exempts the following:
1. Funeral procession by a licensed mortuary;
2. Temporary sales conducted by businesses on site, such as holiday sales, grand opening sales, sidewalk sales, or anniversary sales;
3. Garage sales, rummage sales, lemonade stands, and car washes outside of the right-of-way;
4. Lawful picketing/demonstrating in public places protected by the First and Fourteenth Amendments to the United States Constitution. (Ord. 2097-25 § 2, 2025)
12.44.030 Definitions.
The following definitions apply to the terms used in this chapter:
“Administrator” means the city administrator or his/her designee.
“Amusement rides” means any vehicle, boat, bungee jumping device, or other mechanical device moving upon or within a structure, along cables or rails, through the air by centrifugal force or otherwise, or across water, that is used to convey one or more individuals for amusement, entertainment, diversion, or recreation. “Amusement ride” includes, but is not limited to, devices commonly known as skyrides, Ferris wheels, carousels, parachute towers, tunnels of love, bungee jumping devices, and roller coasters.
“Amusement ride” does not include: (1) conveyances for persons in recreational winter sports activities such as ski lifts, ski tows, J-bars, T-bars, and similar devices subject to regulation under Chapter 70.88 RCW; (2) any single-passenger coin-operated ride that is manually, mechanically, or electrically operated and customarily placed in a public location and that does not normally require the supervision or services of an operator; (3) nonmechanized playground equipment, including, but not limited to, swings, seesaws, stationary spring-mounted animal features, rider-propelled merry-go-rounds, climbers, slides, trampolines, and physical fitness devices; (4) water slides, water walking balls or water balls.
“Event organizer” means the person or entity that is sponsoring or organizing a special event.
“Inflatable amusements” means air-filled structures for recreational use, made of flexible fabric, kept inflated by continuous air flow by one or more blowers, and rely upon air pressure to maintain their shape.
“L&I” means Washington State Department of Labor and Industries.
“Liquor” shall have the same meaning as in RCW 66.04.010.
“Special event” means any temporary or ongoing activity (including, but not limited to, fun runs, roadway foot races, fundraising walks, auctions, bike-a-thons, parades, carnivals, shows, or exhibitions, filming/movie events, circuses, concerts, festivals, block parties, and fairs) conducted on:
1. Public property or in a public right-of-way that causes the closure or limited use of streets, sidewalks, public parking, parks or other public venues normally accessible by the general public; or gatherings of more than one hundred people on public property; or
2. Private Property. 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 two hundred fifty 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 event permits are not required for approved park and facility reservations at the Community Center or city athletic fields; however, facility capacity limitations do apply. A special event permit is required prior to approval for all reservations of the amphitheater at Riverfront Park.
Special event permits are not required on private property for established businesses having or hosting events as part of their normal business, regardless of the number of people. For example, a hotel hosting a business meeting in a conference room, a business having a holiday sale, or an event venue hosting a wedding. Facility capacity limitations do apply.
“Water walking ball” or “water ball” is a large inflatable sphere that allows a person inside it to walk across the surface of a body of water. The water walking ball is usually two meters in diameter and has a zippered entrance to allow for easy entry and exit. (Ord. 2103-25 § 1, 2025; Ord. 2097-25 § 2, 2025)
12.44.040 Permit required.
It is unlawful for any person to hold or conduct any special event as defined in Section 12.44.030 in the city without a permit issued per this chapter. (Ord. 2097-25 § 2, 2025)
12.44.050 Amusement rides.
A special event offering amusement rides must adhere to amusement ride regulations for safety and welfare of the special event attendees.
A. Licensing and Operation. All special event permittees must ensure amusement rides are operated by an L&I certified vendor at all times, including assembly and disassembly.
B. Insurance. All amusement rides operating on city property require the ride vendor to provide evidence of general liability insurance in amounts acceptable to the city attorney’s office and name the city as additional insured. (This insurance coverage is additional to the special event permittee’s overall general liability requirement in Section 12.44.120.)
C. Prohibition. Water walking balls and inflatable amusements are specifically prohibited from use at any special event taking place on public property approved under this chapter. (Ord. 2097-25 § 2, 2025)
12.44.060 Permit application.
A. An application for a special event permit must:
1. Be made on forms available from the city;
2. Be completed and submitted to the city no later than thirty days prior to the proposed event;
3. Include the application fee as described in the fee schedule.
B. A waiver of the deadline in subsection (A)(2) of this section may be granted by the city upon a showing of good cause. The city must 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, or that the event is related to the exercise of rights under the First and Fourteenth Amendments of the United States Constitution.
C. The application must include the following:
1. Purpose of the special event; name, address and telephone number of the sponsoring organization or individual(s);
2. Proposed date of event, location and hours of operation, schedule of events, and estimated attendance;
3. Special facility and city assistance requests; and
4. Sanitation Requirements.
a. Adequate waste disposal facilities must be identified and information demonstrating how facilities will be obtained must be provided.
b. Adequate restroom and washroom facilities must be identified and information demonstrating how facilities will be arranged for or obtained by the applicant, subject to the Skagit County health department’s review and certification process, must be provided.
D. Permits, approvals, or coordination from other public agencies when required must be submitted prior to the issuance of the permit.
E. Five days prior to the event, a complete list of concessionaires operating any booths must be submitted.
F. The city may require other information deemed reasonably necessary to determine that the permit meets the requirements of this chapter.
G. When an event will be an exercise of rights protected by the First and Fourteenth Amendments to the United States Constitution, the application must be processed promptly, without charging a fee or imposing terms or conditions that infringe upon constitutional freedoms, and in a manner that respects the liberty of applicants and the public. (Ord. 2097-25 § 2, 2025)
12.44.070 Departmental analysis.
A. The city must send copies of special event permit applications to the various impacted city departments for review and determination of services required.
B. The applicant is required to coordinate with the police department to employ police officers for security and traffic control as determined by the departmental analysis. (Ord. 2103-25 § 2, 2025; Ord. 2097-25 § 2, 2025)
12.44.080 Approval/denial by the city.
A permit may be issued by the city only if all of the following criteria and conditions for issuance are met:
A. Adequate plans for parking exist to meet the need generated by the proposed event;
B. The proposed event or proposed use of the street will not intrude onto or over any portion of a public right-of-way open to vehicle or pedestrian travel in such a manner as to create a likelihood of endangering property or public safety;
C. The proposed event will not impact, or will reasonably mitigate its impact on, nearby private property, including those impacts related to noise, light, and parking;
D. The proposed event will not cause unreasonable impacts to other activities such as events or construction on the date(s) requested;
E. The proposed event location has not been unreasonably impacted by the number of other events in a one-year period;
F. Such other and further conditions as the city deems necessary to reasonably ensure that the proposed special event does not in any way create a likelihood of endangering public safety, including, but not limited to, those who may participate or be spectators. (Ord. 2097-25 § 2, 2025)
12.44.090 Denial—Criteria.
A. An application for a special event permit may be denied for any of the following reasons:
1. The event will disrupt traffic within the city beyond practical solution;
2. The event will protrude into the public space open to vehicle or pedestrian travel in such a manner as to create a likelihood of endangering the public;
3. The event will interfere with access to emergency services;
4. The location or time of the special event will cause undue hardship or excessive noise levels to adjacent businesses or residents;
5. The event will require the diversion of so many city employees that it would unreasonably affect other city services;
6. The application contains incomplete or false information;
7. The applicant fails to provide proof of insurance;
8. The applicant fails to obtain local, county, state, or federal permits as required;
9. The applicant fails to complete the application or to supply other required information or documents, or the applicant declares or shows an unwillingness or inability to comply with the reasonable terms or conditions contained in the proposed permit;
10. The proposed event would conflict with another proximate event, interfere with construction or maintenance work in the immediate vicinity, or unreasonably infringe upon the rights of abutting property;
11. The proposed event would unreasonably disrupt the orderly or safe circulation of traffic and would present an unreasonable risk of injury or damage to the public;
12. There are not sufficient safety personnel or other necessary city staff to accommodate the event.
B. In the event subsection (A)(10), (A)(11) or (A)(12) of this section applies, the city must offer the applicant the opportunity to submit an alternative date or place for the proposed event before denying the application. (Ord. 2097-25 § 2, 2025)
12.44.100 Site restoration.
A. Cleanup. The permittee is required to clean all permitted public properties 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, the cleanup will be arranged by the city and the costs charged to the permittee. The city may in its discretion require a cash cleanup deposit.
B. Damage to City Property. The city reserves the right to charge the event permittee the replacement cost for any documented damage to city property occurring during a special event. The city may in its discretion require a cash damage deposit. (Ord. 2097-25 § 2, 2025)
12.44.110 Indemnification agreement.
Prior to the issuance of a permit for a special event not protected under the First and Fourteenth Amendments of the U.S. Constitution, 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. 2097-25 § 2, 2025)
12.44.120 Insurance required.
A. The applicant for a special event that does not involve the exercise of rights protected by the First and Fourteenth Amendments to the United States Constitution is required to obtain and present evidence of insurance prior to permit issuance.
B. The city will determine the types and amounts of insurance required based on the risk exposure of the event.
C. A general liability insurance policy must be consistent with all of the following:
1. Be written on an occurrence form;
2. Name the city as an additional insured using an endorsement at least as broad as ISO additional endorsement form CG 20 26;
3. Be written for a period not less than twenty-four hours prior to the event and extending for a period not less than twenty-four hours following the completion of the event, or for the entire period of setup and teardown, whichever is longer.
D. The applicant must provide the city and all additional insureds for this event with written notice of any policy cancellation within two business days of their receipt of such notice.
E. In circumstances posing a significantly high risk of liability, the city may, in its discretion, increase the minimum insurance requirements, and in circumstances posing a significantly low risk of liability, the city may in its discretion reduce the minimum insurance requirements. (Ord. 2097-25 § 2, 2025)
12.44.130 Revocation of special event permit.
A. Any special event permit issued pursuant to this chapter may be revoked by the administrator if the administrator in consultation with the mayor determines that any of the following apply:
1. That the special event cannot be conducted without violating the provisions of this chapter or the conditions of the special event permit;
2. The special event is being conducted in violation of the provisions of this chapter or any condition of the special event permit;
3. The special event poses a threat to the public health or safety;
4. Conditions such as severe weather or other circumstances beyond the control of the city or the permittee have created or are likely to create conditions detrimental to the health and safety of the public or the event participants;
5. The permittee has failed to obtain any other permit required by the city or pursuant to other local, state or federal law;
6. The special event permit was issued in error or contrary to applicable law;
7. The permittee has not paid all applicable city fees when due;
8. The participants in the special event are engaged in illegal activities.
B. Except as otherwise provided in this section, revocation of a special event permit must be in writing, must describe the reasons for the revocation and must be mailed, electronically transmitted, or hand-delivered to the permittee.
C. If there is an emergency requiring immediate revocation of a special event permit, the administrator may verbally notify the permittee of the revocation and the reasons for the revocation, followed by written notice within seven days. (Ord. 2097-25 § 2, 2025)
12.44.140 Violation—Penalty.
A. It is unlawful to sponsor, conduct, or operate a special event contrary to this chapter or contrary to the conditions of a special event permit, or for any participant in a special event to violate a condition of the special event permit willfully and knowingly.
B. Violation of this chapter is a Class 1 civil infraction. (Ord. 2097-25 § 2, 2025)