Chapter 12.20
SPECIAL EVENTS
Sections:
12.20.080 Permit requirements.
12.20.090 Permit issuance or denial.
12.20.100 Revocation or suspension.
12.20.120 Penalty for violation.
12.20.010 Purpose and policy.
Special events are those events that occur infrequently and are of a temporary nature. Special events may be associated with promotions, holidays, festivals, and similar occasions. Special events that require use of a public right-of-way or public park shall be allowed only pursuant to a special events permit granted by the city administrator or his/her designated appointee.
Special events, such as fun runs, roadway foot races, fundraising walks, parades, carnivals, shows, exhibitions, and fairs promote tourism, foster economic revitalization of downtown and neighborhoods and provide cultural activities for residents. Special events such as neighborhood block parties help build community connections that bring families and neighborhoods together. The city of Snoqualmie encourages such events within an environment that allows for the excitement and fun anticipated, yet adequately provides for the protection of citizens, visitors and all participants involved. (Ord. 1139 § 2, 2014).
12.20.020 Intent.
It is the specific intent of the city of Snoqualmie to place the obligation of complying with the requirements of this chapter upon the applicant or sponsor of a special event. Nothing contained in this chapter is intended to be construed to create or form the basis for liability on the part of the city, or its officers, employees or agents, for any injury or damage resulting from the special event or the failure of the applicant or sponsor to comply with the provisions stated herein. An applicant for a special event permit shall be responsible for following all applicable federal, state, and city laws, codes and regulations when undertaking a special event in Snoqualmie. (Ord. 1139 § 2, 2014).
12.20.030 Definitions.
For the purpose of this chapter, words and phrases used herein are as follows:
“Annual event” means an event recurring each year at approximately the same date which has previously complied with the permit requirements of this code.
“Applicant” shall mean any person or organization who seeks a special event permit to conduct or sponsor an event governed by this chapter.
“Athletic event” shall mean an occasion in which a group of persons collect to engage in or watch a sport or form of exercise on private or public property and/or on a city street, sidewalk, alley, or other street right-of-way, which obstructs, delays or interferes with the normal flow of pedestrian or vehicular traffic, or does not comply with traffic laws or controls. Athletic events include, but are not limited to, bicycle and foot races.
“Block party” shall mean an event sponsored by people living in a neighborhood, is attended by their families and close friends, and is held on a private property and/or a public street. A block party does not include a larger, publicized event open to the general public. If allowed by a special events permit a block party may close or block a street, or a portion thereof, to vehicular traffic, and/or involve the use of the street for barbecues, picnics, music or games.
“Community and/or regional event” includes but is not limited to festivals, fairs, parades, carnivals, fun runs, fundraising walks and rides, and exhibits on public or private property that impact city services such as police, traffic management, and garbage collection and public property such as city streets and parks.
“Parade” shall mean a march or procession consisting of any number of persons, animals, or vehicles, or a combination thereof, on any city street, sidewalk, alley, or other right-of-way, which obstructs, delays or interferes with the normal flow of pedestrian or vehicular traffic, or does not comply with traffic laws and controls.
“Permit application fee” shall mean the fee to be paid by the special event permit applicant at the time the application is filed with the city clerk.
“Permittee” shall mean any person or organization who has been issued a special event permit by the mayor or appointed designee. The permittee shall have authority, subject to approval by the city, to determine participation in commercial activities during a special event.
“Refundable deposit” shall mean the amount of money required of a permittee in order to assure any costs borne by the city of Snoqualmie as a result of the special event are secured. The deposit shall be returned to the permittee upon the completion of the event and approval of the city administrator.
“Special event permit” shall mean the permit issued by the city administrator or appointed designee after the applicant has met all applicable reviews and requirements set forth in this chapter. (Ord. 1139 § 2, 2014).
12.20.040 Permit required.
A. No person shall use, occupy, or obstruct the free use by other persons of any public street, park or other public property for the purpose of conducting a special event without first having obtained a permit as provided herein, said permit to be known as a special event permit. The city administrator shall determine based on an assessment of impacts to public streets, parks and other public property whether a special event permit is required for a proposed event, whether or not the person organizing the event has applied for a permit or has proposed to occupy a public street, park or other public property.
B. An internal review process will be conducted for parades, athletic events or other special events that occur exclusively on city property and are conducted in full by the city of Snoqualmie. (Ord. 1139 § 2, 2014).
12.20.050 Exemptions.
The provisions of this chapter shall not apply to:
A. Funeral and wedding processions;
B. Groups required by law to be so assembled;
C. Pedestrian processions along a route that is restricted to sidewalks and crossing streets only at pedestrian crosswalks in accordance with traffic regulations and controls;
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 or rummage sales;
G. Other similar events and activities which do not directly affect or use city property and/or city services as determined solely by the city administrator;
H. Parades, athletic events or other special events that occur exclusively on city property and are conducted in full by the city of Snoqualmie. Such events shall be reviewed internally by the city administrator and staff. (Ord. 1139 § 2, 2014).
12.20.060 Permit fee.
A. The fee for issuance of a special event permit shall be $35.00, payable at the time the application is submitted for processing. Applications that are denied by the city shall be refunded the processing fee.
B. Fees may be waived by the city administrator in his or her reasonable discretion for special events sponsored by nonprofit agencies and that further the goals and objectives of the city. Fee waiver does not excuse an applicant from payment of overtime and other extraordinary expenses as required in SMC 12.20.080. (Ord. 1139 § 2, 2014).
12.20.070 Permit application.
A. Application for a special event permit shall be made upon such form as the city administrator may designate. The application shall, at a minimum, include the following information:
1. The name, address and telephone number of the applicant, and the name, address and telephone number of its authorized representative, if a corporation or association;
2. A full and complete description of the special event sought to be held and the date or dates and hours thereof;
3. The proposed location of the special event;
4. The dimensions and plans for any temporary structure proposed to be erected for such special event;
5. Whether the special event will obstruct or interfere with the free use of any public street or right-of-way; and
6. Such other and further information as the city administrator may deem necessary to fully evaluate the application.
B. An application for a special event permit shall be filed with the city clerk at least 30 calendar days prior to the date on which the event is to begin to occur. An application for a special event permit submitted less than 30 days in advance may be accepted but may be approved at the sole discretion of the city administrator based on his or her determination that sufficient time remains to adequately review the application and meet the requirements set forth in this chapter.
C. The city administrator shall refer the application to the chief of police, fire chief, public works director, planning director and parks director for review and recommendations. Applications proposing any temporary structures, including tents, shall also be referred to the building official. The permit application shall be reviewed for the following factors as necessary or appropriate:
1. The safety and convenience of all persons traveling upon a public street or using a public park or other public property, including the required closure of any public street, park or other public property, the availability of alternate routes and the effect on essential public services;
2. Fire safety, including the use of any explosives or combustible materials; fire prevention and suppression measures for temporary structures; and the safety of ingress to and egress from all locations and structures in which the special event or any part of it will occur;
3. Noise, light and glare impacts to the area in which the special event is to occur;
4. The adequacy of parking for the number of persons anticipated to attend the special event;
5. The structural integrity and safety of any temporary structures; and
6. Any other matter affecting the public health, safety or welfare of persons or property. (Ord. 1139 § 2, 2014).
12.20.080 Permit requirements.
A. A special event use shall be temporary only, and must be allowed by the development regulations applicable to the zoning district in which the special event is proposed to be held.
B. Temporary signage, temporary structures and temporary parking facilities may be allowed, subject to other applicable provisions of this code and review by the directors of planning and public works and the building official.
C. Each site occupied by a special event must provide or have available sufficient parking spaces and a sufficient vehicular maneuvering area for event attendees, must provide safe and efficient interior circulation and ingress and egress to and from public right-of-way, and must adequately provide for the safety and convenience of all persons traveling upon a public street or using a public park or other public property, taking into consideration the required closure of any public street, park or other public property, the availability of alternate routes and the effect on essential public services.
D. The special event must provide for fire safety, including the safe storage and use of any explosives or combustible materials. The permittee must provide for fire prevention and suppression measures for temporary structures, and the safety of ingress to and egress from all locations and structures in which the special event or any part of it will occur.
E. A special event may not result in unreasonable noise, light and glare impacts to the area in which the special event is to occur.
F. An applicant for a special event permit shall be liable to the city for the amount of any overtime for city employees or other extraordinary expenses incurred by the city as a result of the special event, including but not limited to traffic control, crowd control, public works services, emergency medical services, solid waste and other cleanup, and monitoring and enforcement of compliance with conditions of the special event permit. A special event permit may be conditioned upon the applicant’s payment of a deposit or provision of such other financial security reasonably acceptable to the city administrator to guarantee payment of estimated overtime and other extraordinary expenses. The city administrator shall render a bill to the holder of the special event permit for actual overtime expenses as soon as possible after the event. Any unused deposit, not under dispute, will be returned upon request within 45 days following the event.
G. A temporary business license must be obtained by any vendor proposing to sell food, beverages, merchandise or other goods during the special event. A copy of the approved business license must be displayed on site during the event.
H. All other applicable local, county, state and/or federal permits must be obtained and displayed on site during the special event.
I. All special event permits shall be conditioned upon the execution by the applicant or its authorized representative of an agreement, in a form approved by the city attorney, to indemnify, defend and hold the city harmless from any and all claims for bodily injury or property damage arising out of any activity under or in connection with the special event, excepting only such injury as shall have been occasioned by the sole negligence of the city, its appointed or elected officers or employees.
J. The applicant shall provide proof of commercial general liability insurance generally in the amount of $1,000,000 combined single limits per occurrence, and an endorsement naming the city of Snoqualmie as an additional insured when required as a condition of approval by the city administrator. A certificate of insurance shall be submitted to the city for approval 14 working days prior to the event. Acceptability of insurance is subject to approval by the city administrator. (Ord. 1139 § 2, 2014).
12.20.090 Permit issuance or denial.
The city administrator or his or her designee may, following consultation with appropriate departments and agencies, approve, deny, or condition an application for a special event permit, as follows:
A. Issuance with Conditions. A special event permit shall include those conditions required by this chapter, and may include such other additional conditions or limitations upon the time, place, and manner of the event and any requirements deemed necessary by the city administrator or his or her designee to protect the safety and rights of persons and property, provide for adequate control of traffic, crowd control, fire and life safety, and avoid, reduce or mitigate adverse impacts to the public and the city from the proposed special event.
B. Denial of Application. A special event permit may be denied if, in the sole discretion of the city administrator or his or her designee:
1. The event would endanger public safety and/or interfere with access to emergency services;
2. The event would substantially inconvenience the general public;
3. The event would impose significant, unreasonable impacts upon abutting property owners or the general public that cannot be avoided, reduced or mitigated;
4. The event would conflict with another proximate event or interfere with construction or maintenance work in the immediate vicinity;
5. There is not sufficient safety personnel or other necessary city staff to accommodate the event;
6. The applicant failed to complete the application form after being notified of the additional information or documents required;
7. Information contained in the application of supplemental information requested from the applicant is found to be false in any material detail;
8. The applicant cannot meet, or is unwilling to meet, all of the requirements of this chapter or any special conditions imposed by city administrator or designee;
9. The applicant fails to obtain all local, county, state and federal permits or approvals as required;
10. Other issues in the public interest were identified by the city administrator or designated appointee;
11. Failure to prepay deposit for expenses, provide an executed indemnification and hold harmless agreement, or provide proof of required insurance coverage;
12. The city administrator or his/her designee shall notify the city council of approval or denial of events. (Ord. 1139 § 2, 2014).
12.20.100 Revocation or suspension.
A. A special event 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 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 an expense or 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 event 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 pay deposit for city expenses.
B. Any special event occurring without a special event permit, or continuing after revocation of a special event permit, shall be closed by written order of the city administrator or his designee delivered to the person apparently in charge or to any other persons on site apparently involved in conducting the special event, and such order shall be enforced by the police department.
C. The city shall refund the permit fee in the event of a revocation caused by an emergency or supervening occurrence; the city shall refund the balance of the fee less the costs incurred if the cancellation occurs at the request of an applicant who is in compliance with this chapter. (Ord. 1139 § 2, 2014).
12.20.110 Appeal.
An applicant may appeal permit conditions or denial of application to the city council. The city council shall have full discretion in determining whether and how to hear and resolve such appeal. The city council’s decision shall be final. (Ord. 1139 § 2, 2014).
12.20.120 Penalty for violation.
A. Any person conducting a special event without a required special event permit, or continuing to conduct a special event after revocation of a special event permit, after receiving a written order to close the special event, or willfully violating any condition of an approved special event permit, shall be guilty of a gross misdemeanor. Each day or portion of a day in which a violation is committed constitutes a separate offense.
B. Any person violating the conditions of an approved special event permit under circumstances not amounting to a violation of subsection A of this section shall be deemed to have committed a civil infraction, subject to a civil penalty in the amount of $100.00. Each day that such violation continues after notice to correct the violation has been given by the chief of police shall constitute a separate civil infraction, with a separate civil penalty imposed therefor. (Ord. 1139 § 2, 2014).
12.20.130 Severability.
If any part, provision or section of this chapter is held to be void or unconstitutional, all other parts not expressly so held shall continue in full force and effect. (Ord. 1139 § 2, 2014).