Chapter 8.38
SPECIAL EVENTS
Sections:
8.38.030 Special events that require a permit.
8.38.040 Protected events under the First and Fourteenth Amendments to the U.S. Constitution.
8.38.060 Permit fees – Permit application requirements.
8.38.070 Authority of responsible official – Director authorized to adopt rules and regulations.
8.38.080 General permit conditions.
8.38.090 Denial of special event permit.
8.38.120 Responsibility – No duty created.
8.38.010 Purpose.
The purpose of this chapter is to enable the city to plan for potential impacts to the delivery of governmental services, in the interest of public health, safety, and the welfare of the city, by establishing permit requirements for special events; and to provide for the fees, charges and procedures required to administer the permit process. To the extent any provision of this chapter conflicts with a provision of Chapter 18.68 SMC (Temporary Uses) regarding the regulation of events, the conditions of this chapter control. (Ord. 2021-012 § 1 (Exh. B); Ord. 2019-009 § 1 (Exh. A))
8.38.020 Definitions.
“Director” means the community development director, designee, or other person authorized to issue special event permits.
“Exempt activity” is any temporary use that does not require application for or issuance of a special event permit.
“Protected event” includes any temporary use conducted on public or private property that involves political or religious activity intended primarily for the communication or expression of ideas, the protection of which is constitutionally guaranteed.
“Special event” is a temporary use that affects the ordinary and normal use by the general public of public property or facilities, or that affects traffic flows, rights-of-way, parking, public safety, or the operations or services of the city or other public agencies.
“Special event permit” means the permit required to be issued by the city of Sequim before a special event is held. (Ord. 2021-012 § 1 (Exh. B); Ord. 2019-009 § 1 (Exh. A))
8.38.030 Special events that require a permit.
Special events that require application for and issuance of a special event permit from the city of Sequim include, but are not limited to, the examples described in this section. The determination as to whether a proposed activity is expected to have an effect or impact is at the discretion of the director of community development or designee. Applicants who believe their event may be exempt from the permit requirement pursuant to SMC 8.38.050 are encouraged to initiate a discussion with the director or designee before scheduling the event.
Typical events requiring a special event permit application and review process:
A. Events on city-owned, -leased, or -controlled property, which in the determination of the city do not fall under an exemption (SMC 8.38.050), and where there is a reasonable expectation that any of the following is true:
1. The activities will affect city property, facilities, or operations in a manner that exceeds the ordinary and normal use by the general public; or
2. The activities will affect the flow of traffic along roadways, rights-of-way, intersections, parking areas, or transit stops in a manner that exceeds the ordinary and normal use by the general public; or
3. The activities will significantly increase the potential impact on emergency services, such as law enforcement, fire, or medical aid; or
4. The activities involve tents or canopies that are larger than 10 feet by 10 feet or used for cooking facilities; or
5. The activities involve temporary structures such as stages, concession stands, booths, rides, or sani-cans.
B. Events on public property that is not owned, leased, or controlled by the city of Sequim, such as library or school district property, or on private property, which does not fall under an SMC 8.38.050 exemption, and where there is a reasonable expectation that any of the following is true:
1. The activities will increase the potential impact on the flow of traffic along roadways, rights-of-way, intersections, parking areas, or transit stops in a manner that exceeds the ordinary and normal use by the general public; or
2. The activities will increase the potential impact on emergency services, such as law enforcement, fire, or medical aid; or
3. The activities involve temporary structures such as stages, concession stands, booths, rides, or sani-cans; or
4. The activities will likely impact the peaceful enjoyment of private property by neighboring property owners. (Ord. 2020-011 § 1 (Exh. A); Ord. 2019-009 § 1 (Exh. A))
8.38.040 Protected events under the First and Fourteenth Amendments to the U.S. Constitution.
Events or activities that are an exercise of rights protected under the First and Fourteenth Amendments to the U.S. Constitution are protected events. Protected events may require a special event permit if one or more of the activities referenced in SMC 8.38.030 apply. However, if a special event permit is determined to be required, the city will expedite review and processing of the application in a manner that respects the liberty of applicants and the public, will charge no fee, and will limit imposition of conditions to event location, time, manner, traffic control, and assembly/disbanding locations.
Nothing in this section is intended to restrict or constrain spontaneous assemblies or other exercises of the public’s constitutionally guaranteed rights; however, “disorderly conduct” as defined in RCW 9A.84.030(1) is not considered a constitutionally guaranteed right. (Ord. 2019-009 § 1 (Exh. A))
8.38.050 Exempt activities.
Activities that are exempt from this chapter and do not require special event permits include, but are not limited to:
A. Funeral and wedding processions.
B. Government meetings in normal places of assembly.
C. Conferences, conventions, or other gatherings of people held in facilities located in appropriately zoned areas of the city and designed for that purpose.
D. Gatherings of 30 or fewer people in a public park for a single purpose or cause that is nonrecurring, unless food, merchandise or services are offered for sale or trade.
E. Temporary outdoor on-site sales lasting no longer than two consecutive weeks conducted by businesses on private property, such as holiday, grand opening, or anniversary sales.
F. Temporary sales of goods conducted by nonprofit organizations on public or private property, such as scout group or school fundraising activities.
G. Private garage, yard, and rummage sales, when operated not more than four consecutive days, four times in the same calendar year (see SMC 18.58.094).
H. The indoor exhibition of films or motion pictures.
I. Special events that occur exclusively on city property and are sponsored or conducted by the city of Sequim.
J. Pedestrian processions along a route that is restricted to sidewalks and crossing roadways only at pedestrian crosswalks in accordance with traffic regulations and controls.
K. Activities of governmental agencies, including but not limited to military units, which are performed within the scope of such agency’s duties and functions.
L. Spontaneous assemblies or other exercises of the public’s constitutionally guaranteed rights.
M. Fireworks stands. (Regulated instead under Chapter 8.20 SMC.)
N. Outdoor displays of merchandise for sale that do not impede pedestrian or vehicular traffic and are not prohibited elsewhere in the Sequim Municipal Code.
O. Car wash fundraisers for nonprofit or school groups.
P. Regularly scheduled school events, such as athletic events that use existing parking and traffic controls and public safety support, or the practice sessions and games of school and community sports teams.
Q. Lawful picketing by 30 or fewer people on sidewalks in a manner that does not impede pedestrian or vehicular traffic or impair vision triangles.
R. Events that are nonrecurring held on private property or on public property that is not owned by the city (e.g., school district or library) that do not involve the use of city public property, facilities, or operations and that also meet all of the following:
1. The activities will not increase the potential impact on the flow of traffic along roadways, rights-of-way, intersections, parking areas, or transit stops in a manner that exceeds the ordinary and normal use by the general public;
2. The activities will not increase the potential impact on emergency services, such as law enforcement, fire, or medical aid;
3. The activities do not involve temporary structures, such as stages, concession stands, booths, or rides;
4. Where any tent or canopy used is erected to fire safety standards; and
5. The event is unlikely to disturb the peaceful enjoyment of private property. (Ord. 2020-011 § 1 (Exh. A); Ord. 2019-009 § 1 (Exh. A))
8.38.060 Permit fees – Permit application requirements.
A. Special event permit fees are established by the city’s rates and fees ordinance ( Chapter 3.68 SMC), which is regularly reviewed, amended, and adopted by the city council.
B. Timely Submission of Application. Any person or organization desiring to sponsor a special event should apply for a special event permit at least 60 days before the date on which the event is to occur. Applicant should have all other required permits issued or their applications underway before submitting a special event application with the city. Failure to apply within the 60-day deadline will not be grounds for denying any protected event.
C. Waiver of 60-Day Application Deadline for Non-Protected Events. At the director’s sole discretion, the city will consider an application for a non-protected event that is submitted after the 60-day deadline if there is sufficient time to process and investigate the application and, if applicable, arrange for police and other city services for the event. The director’s decision not to waive an application deadline is final. This subsection does not apply to protected events, which are not subject to the submission deadline in subsection B of this section.
D. Indemnification. An indemnification agreement is required as a condition for issuing a special event permit, except when the activity is a protected event. Before issuing a permit for a nonexempt, non-protected event, the applicant and/or the authorized officer of the event sponsor must agree in writing to reimburse the city for any costs incurred by the city in repairing damage to its property and indemnify, defend and hold harmless the city, its officers, employees, volunteers and agents from and against 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.
E. Insurance. Proof of insurance is required as a condition for issuing a special event permit, except when the activity is a protected event. The “City of Sequim” must be named as an additional insured on the certificate of liability insurance, and applicant must provide a printout of the insurer’s endorsement language as well as the certificate. The types and amounts of insurance required will be determined by the city based on the risk of exposure of the event. The minimum liability limit requirement is $1,000,000 per occurrence unless a lower minimum amount is specifically agreed to in writing by the director.
F. Fees for City Services. In addition to any application fee that may be required, a special event permit may contain a requirement that the applicant reimburse the city for services and equipment provided for the event, including without limitation the use of police officers and public employees for traffic and crowd control, pickup and delivery of traffic control devices, picnic tables, extraordinary street sweeping, and any other needed, requested or required city services and the cost of operating the equipment to provide such services. The city may provide the applicant in advance with an estimate of these costs and require payment 10 business days prior to the event. If the actual cost for the equipment and services is less than the estimate, the applicant will receive a refund in a timely manner. If the actual cost is greater than the estimate, the applicant will be billed for the difference and failure to timely pay the amount due may result in denial of future permits.
G. Cleanup Deposits. The applicant/sponsor of a nonexempt, non-protected event may be required to pay a cleanup deposit if, in the discretion of the director or designee, the event is likely to create a substantial need for cleanup. The deposit may be refunded after the event if the area used has been cleaned and restored to the same condition as existed prior to the event. If not, the applicant/sponsor will be billed for the actual cost of cleanup and restoration and the cleanup deposit will be applied toward payment of that bill.
H. Waiver of Fees. The city may waive permit fees or service, equipment, and cleanup fees in part or in full if the special event permit application is for a protected event. (Ord. 2019-009 § 1 (Exh. A))
8.38.070 Authority of responsible official – Director authorized to adopt rules and regulations.
The director is the responsible official for purposes of issuing special event permits. The responsible official is authorized to:
A. Issue, issue with conditions, deny or revoke permits for special events occurring within the city limits, pursuant to the procedures established in this chapter.
B. Determine the special event venue, including the setting of reasonable boundaries for the special event venue, balancing the special event requirements and the public health, safety, and welfare.
C. Inform the special event permit applicant of the need to obtain permits from other local, state or federal public agencies in order to be eligible for a special event permit, and ensure that those permits are obtained before issuing the special event permit.
D. Waive permit fees and determine what, if any, limited conditions may be imposed on protected events.
The director is authorized to promulgate additional rules and regulations that are consistent with and that further the terms and requirements set forth in this chapter and the provisions of law that pertain to the conduct and operation of a special event. (Ord. 2019-009 § 1 (Exh. A))
8.38.080 General permit conditions.
The city may condition the issuance of a special event 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.
Special events that require application for and issuance of a special event permit may be located within all zones. Such events must be conducted consistent with the conditions set forth in the issued special event permit.
Before issuing a special event permit the director or designee will consider whether adequate plans for parking exist to meet the need generated by the proposed event; whether the proposed event unreasonably compounds impacts of other activities such as events or construction on the date(s) requested; whether the proposed event location has been unreasonably impacted by the number of events in a one-year period; and any other and additional conditions deemed necessary by the director or designee to reasonably ensure that the proposed event does not create a likelihood of endangering participants or spectators.
Other conditions or considerations include but are not limited to:
A. All temporary structures approved with a special event permit must be removed within 24 hours of the conclusion of the event or as specified in conditions attached to the permit, leaving the site in the same condition as it was prior to the temporary structures’ placement.
B. Fumes, Odors, and Dust. Special events that create noxious fumes, offensive odors, or excessive amounts of airborne dust are not permitted. Applicant is required to meet applicable state standards regarding the control of such nuisances.
C. Other Permit Requirements. The city may require proper insurance, indemnification and hold harmless agreements, proof of possession of any federal, state, county or local required permits or licenses, damage deposits, deposits for payment for cleanup, traffic control, security and other similar requirements, including any applicable provisions for business licenses and collection and reporting of sales tax; which will be identified in the permit.
D. Priority of Permit Issuance. Events sponsored by the city of Sequim have priority when scheduling dates and public venues for special events. All other events, except protected events, will be scheduled on a first-come, first-served basis not more than one year prior to the proposed date of the event. If more than one event sponsor submits an application for an event that would occur on the same date and venue, the following criteria will be applied in the following order:
1. The event and/or the event organizer have a demonstrated history of success in producing events in Sequim, Clallam County or the Olympic Peninsula.
2. The event has been recommended for funding by the lodging tax advisory committee or has received any other city grant.
3. The event supports a city council goal or program initiative. (Ord. 2019-009 § 1 (Exh. A))
8.38.090 Denial of special event permit.
The city through the director or designee may deny an application for a special event permit. Grounds for denial may include, but are not limited to, the following:
A. The applicant provides false or misleading information.
B. The applicant fails to complete the application or to supply other required information or documents, or declares or shows an unwillingness or inability to comply with the reasonable terms or conditions contained in the proposed permit.
C. 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 owners.
D. Another special event permit application has already been received, or has already been approved, to hold another event on the same date, or at the same time, or at the same location requested by the applicant, or so close in date, time, or location as to cause undue traffic congestion, or the police department and/or other city departments are unable to meet the needs for police and other city services for both events, or for other scheduled events or unscheduled governmental functions.
E. 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.
F. Insufficient numbers of safety personnel or other necessary city staff are available to safely accommodate the event.
G. The applicant has insufficient off-site parking or shuttle service, or both, when required, to minimize any substantial adverse impacts on general parking and traffic circulation in the vicinity of the proposed event.
If subsection C, D, or E of this section applies, the director must offer the applicant the opportunity to submit an alternate date, time, or location for the proposed event before denying the application. (Ord. 2019-009 § 1 (Exh. A))
8.38.100 Appeal procedure.
Applicants for special event permits have the right to an administrative appeal of the director’s denial of a permit, imposition of any permit condition, fee or deposit, or determination that the applicant’s insurance does not comply with requirements specified in the permit.
A written notice of appeal must be filed with the city clerk within three business days after the applicant or event sponsor receives notification from the director or designee that a permit has been denied, or that certain conditions or fees have been imposed. The notice of appeal must set forth the specific grounds for the appeal and attach any relevant documents for consideration.
Administrative appeals are heard by the city manager, who has sole discretion on whether to grant expedited review. If expedited review is not granted, the city manager will hold the hearing within 10 business days of receipt of the written notice of appeal and render a decision within one business day of the hearing. The city manager’s decision is final. (Ord. 2019-009 § 1 (Exh. A))
8.38.110 Violation – Penalty.
It is unlawful for any person to sponsor or conduct an event requiring a special event permit pursuant to this chapter unless a valid permit has been issued and remains in effect for the duration of 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 that a once-valid permit has expired or been revoked.
The special event permit authorizes the permittee/sponsor to conduct only such an event as is described in the permit and in accordance with the terms and conditions of the permit. It is unlawful for the permittee or event sponsor to willfully violate the terms and conditions of the permit, or for any event participant with knowledge thereof to willfully violate the terms and conditions of the permit or to continue with the event if the permit is revoked or expired.
Any person or organization violating the provisions of this chapter is guilty of a misdemeanor, and upon conviction thereof is subject to a penalty of a fine of not more than $500.00 or by imprisonment of not more than 90 days, or both such fine and imprisonment.
In addition, or alternatively, any person violating the provisions of this chapter or the conditions of any permit issued hereunder also subjects the permittee to the provisions as set forth in Chapter 1.13 SMC and a daily civil penalty in the amount specified by SMC 1.13.180. (Ord. 2019-009 § 1 (Exh. A))
8.38.120 Responsibility – No duty created.
This chapter does not create any duty owed by the city of Sequim as to any specific person, party or class. Any duty that may be deemed to exist or arise in connection with the city’s permitting function is deemed exclusively a duty to the general public as a whole and not to any specific person, party or class. (Ord. 2019-009 § 1 (Exh. A))