Chapter 5.46


5.46.010    Definitions.

5.46.020    Administration.

5.46.030    Permit required.

5.46.040    Exemptions.

5.46.050    Applications.

5.46.060    Issuance of permit.

5.46.070    Denial of permits.

5.46.080    Revocation.

5.46.090    Charges for use of city services.

5.46.100    Appeal.

5.46.110    Penalties.

5.46.010 Definitions.

“Special event” means any activity which attracts, seeks to attract, or otherwise generates or causes a number of participants or spectators, for a particular and limited purpose and time, to gather. Special events include, but are not limited to: fun runs, roadway foot races, bike-a-thons, parades, street fairs, sidewalk sales, circuses, carnivals, shows, exhibitions, festivals, fairs and other events that will extraordinarily impact or obstruct public right-of-ways, public property or public services, or extraordinarily impact the travel or daily experience of Shelton citizens.

“Special event of a time-sensitive nature” shall mean any special event involving constitutionally-protected speech, including but not limited to rallies, protests or vigils addressing pressing political, religious or social issues, the organizers of which could not have reasonably anticipated the need for such event in advance of the permitting timeline established by Section 5.46.050. (Ord. 1854-0714 § 1 (part), 2014: Ord. 1467-397 § 1 (part), 1997)

5.46.020 Administration.

The regulation of this chapter shall be under the supervision of the city manager; provided, however, that the city manager may delegate the duty of enforcing the provisions of this chapter to other designees. The city manager or designee may adopt written procedures for the purpose of carrying out the provisions of this chapter; provided, that said determinations are not contrary to this chapter. (Ord. 1921-0518 (part), 2018; Ord. 1854-0714 § 1 (part), 2014: Ord. 1467-397 § 1 (part), 1997)

5.46.030 Permit required.

A.    No person shall hold or conduct any special event, governed by this chapter, without first obtaining a special event permit. The permit is in addition to a business license that may be required under Chapter 5.04.

B.    The city may charge a fee for a special event permit per the city fee schedule adopted annually by the city commission.

C.    Applicants for special event permits shall be required to provide copies of other licenses required for the event, such as a Mason County health department permit for food service and a Liquor and Cannabis Board special occasion permit for beer or wine sales. (Ord. 1926-0818 § 1 (part), 2018: Ord. 1921-0518 (part), 2018; Ord. 1854-0714 § 1 (part), 2014: Ord. 1467-397 § 1 (part), 1997)

5.46.040 Exemptions.

This chapter shall not apply to localized, non-commercial special events held in residential areas zoned for single-family residential use, such as neighborhood gatherings or barbeques, so long as the streets, public sidewalks and other byways remain reasonably unobstructed for ordinary vehicular and pedestrian travel; provided, however, that such events are subject to immediate abatement by the city if they violate any provisions of the criminal codes or endanger the public health, safety, and welfare, and the costs of abatement may be charged to the participants in the event. (Ord. 1854-0714 § 1 (part), 2014: Ord. 1467-397 § 1 (part), 1997)

5.46.050 Applications.

A.    Applications shall be made to the city on a form prescribed and provided by the city. The application shall contain such information as the city deems necessary, which may include, but not be limited to:

1.    Evidence that the applicant is either the owner or entitled to possession of any property which is not public area, to be used;

2.    A full and complete description of the special event;

3.    The use to be made of any public area by the applicant;

4.    The duration of the special event and proposed use;

5.    An estimate of the expected number of attendees, and the maximum occupancy of any self-contained areas, such as alcohol service areas.

B.    Applications for special event permits shall be submitted to the city no later than twenty-five business days prior to the proposed event. The city manager may waive this time limit for special events of a time-sensitive nature, as defined in Section 5.46.010. (Ord. 1921-0518 (part), 2018; Ord. 1854-0714 § 1 (part), 2014: Ord. 1467-397 § 1 (part), 1997)

5.46.060 Issuance of permit.

A.    Upon receipt of a complete application, the city manager or designee shall either issue or decline to issue said permit within ten working days of the date of receipt of the complete application. The city manager or designee shall expedite permit applications for special events of a time-sensitive nature, as defined in Section 5.46.010, and shall endeavor to issue or decline permits for such events in time to facilitate the meaningful sponsorship of the event, if reasonably possible.

B.    The permit shall be issued to the applicant conditioned upon the applicant’s written agreement to comply with the terms of such permit as determined by the city. The terms of a special event permit, and the city’s consideration, shall include, but are not limited to, the following:

1.    The time, hours, locations, and size of the special event.

2.    Measures necessary to mitigate the disruption or impedance of the movement of traffic within the city, for example, the use of traffic cones or other devices approved under the Manual for Uniform Traffic Control Devices (MUTCD).

3.    Evidence that the location or type of the special event will not cause undue hardship for neighboring businesses or residents.

4.    Provisions governing structures temporarily erected as a part of the special event to prevent encroachment into or over any portion of the public space that is open to vehicle or pedestrian travel in such a manner as to endanger vehicles or pedestrian travel.

5.    In the event the special event involves encroachment or partial obstruction of a sidewalk or other walkway open to the public, a minimum of three feet of unobstructed sidewalk or other protected walkway shall be maintained at all times.

6.    The applicant agrees to indemnify, hold harmless and defend the city, its officers, agents and employees from any and all claims, losses or liability of whatever nature that may arise out of or in any way connected to the applicant’s special event. Applicant shall provide written proof of insurance coverage satisfactory to the city prior to obtaining said permit.

7.    The applicant remits all fees, charges, deposits, taxes, insurance or bonds which may be required by the city in a timely fashion.

8.    The applicant meets such other conditions as are imposed by the city to reasonably assure that the special event does not in any way create a likelihood of endangering those who are lawfully using the public place or rights-of-way.

C.    The city reserves the right to impose special conditions based upon the particular circumstances of each special event, including, but not limited to, the permittee employing city police officers to direct, block or control pedestrian or vehicular traffic; the use of sanitation and solid waste disposal facilities; restrictions on amplified sound; reasonable advance notice to adjacent property owners regarding the event and its anticipated effect on surrounding streets and properties; pre-event street-closure signage and a traffic re-routing plan.

D.    The special event permit may authorize the outdoor service and consumption of beer and/or wine upon appropriate conditions imposed by the city, proof of receipt of a special occasion permit from the Liquor Control Board, and compliance with all state and local regulations. (Ord. 1921-0518 (part), 2018; Ord. 1854-0714 § 1 (part), 2014: Ord. 1467-397 § 1 (part), 1997)

5.46.070 Denial of permits.

The city may deny a special event permit if:

A.    The special event would require the diversion of so many police officers that it would unreasonably affect police protection for the remainder of the city and its residents; or

B.    The special event would interfere with access for police, fire prevention, emergency and/or medical services, and the permittee is unwilling or unable to modify the event to facilitate access; or

C.    The special event obstructs public right-of-way, and a special event permit has already been issued for another event that would obstruct the same portion of the sidewalk within the same sixty-day period, unless all adjacent property owners have submitted written permission; or

D.    The permittee supplies false or incomplete information on the permit application; or

E.    It is evident that the permittee is unable or unwilling to comply with the permit conditions; or

F.    The activity contemplated for the event would violate criminal laws; or

G.    The applicant fails to obtain any necessary additional permits for the event. (Ord. 1854-0714 § 1 (part), 2014)

5.46.080 Revocation.

A.    All permits issued pursuant to this chapter shall be temporary, shall vest no permanent right in the applicant and may be revoked by the city as follows:

1.    Immediate revocation in the event of a violation of any of the terms and conditions of the permit, or if the city learns after the issuance of the permit information which would have resulted in the denial of the permit under Section 5.46.070;

2.    Without notice in the event such use shall become, for any reason, dangerous or any structure of obstruction permitted shall become insecure or unsafe;

B.    If any use or occupancy for which the permit has been revoked is not immediately discontinued, the city may remove any such structure or obstruct or cause to be made such repairs upon the structure or obstruction as may be necessary to render the same secure and safe, assess all costs and expense of doing so against the permittee, including all professional fees associated with enforcement of the collection of the same. (Ord. 1854-0714 § 1 (part), 2014: Ord. 1467-397 § 1 (part), 1997. Formerly 5.46.070)

5.46.090 Charges for use of city services.

The city may charge reasonable fees for use of any city services required by the event, including but not limited to police services, solid waste disposal services, and staff time for set-up and clean-up. The city may also charge a refundable deposit to cover costs for damage and clean-up. (Ord. 1854-0714 § 1 (part), 2014)

5.46.100 Appeal.

Any decision of the city manager or his designee with respect to the issuance or refusal to issue a permit or his revocation of or his refusal to revoke a permit may be appealed to the city council by filing a letter of appeal stating the reasons for the appeal of such decision, with the city clerk within five business days of the date of issuance of the decision being appealed. The city council shall review the appeal and issue a final decision within seven business days of the date of the filing of the appeal. Provided, however, that if the appeal is of a decision related to a special event of a time-sensitive nature pursuant to Section 5.46.010, the city council shall issue a final decision at the next regular meeting. (Ord. 1921-0518 (part), 2018; Ord. 1854-0714 § 1 (part), 2014: Ord. 1467-397 § 1 (part), 1997. Formerly 5.46.080)

5.46.110 Penalties.

A.    Criminal Penalty. Any person who willfully violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of this chapter or its provisions shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not in excess of one thousand dollars or by imprisonment in the jail for not to exceed ninety days or by both such fine and imprisonment. Each day that a violation exists shall constitute a separate offense.

B.    Civil Penalty. In addition to the foregoing criminal remedy, the violation of any of the provisions of this chapter or the failure to comply with the terms of a special event permit may be deemed by the city to be a nuisance and threatening to the health and safety of the citizens of Shelton. The city may utilize any civil remedy available to it under the laws of the state of Washington to enforce these provisions, including injunctive relief and the issuance of a civil infraction notice pursuant to Chapter 7.80 RCW. Furthermore, any person violating any of the provisions of this chapter may become liable to the city for any direct or indirect expense, loss or damage occasioned the city by reason of such violation. (Ord. 1854-0714 § 1 (part), 2014: Ord. 1467-397 § 1 (part), 1997. Formerly 5.46.090)