Chapter 5.65


5.65.010    Purpose and policy.

5.65.020    Intent.

5.65.030    Definitions.

5.65.040    Permit required.

5.65.045    Special event permit exemptions.

5.65.050    Special event permit application requirements.

5.65.060    Grounds for denial of application.

5.65.070    Permit conditions.

5.65.080    Appeal procedure.

5.65.090    First and Fourteenth Amendment special events.

5.65.100    Indemnification agreement.

5.65.110    Insurance.

5.65.120    Fees for city services.

5.65.130    Cleanup deposits.

5.65.140    Revocation of permits.

5.65.150    Violation – Penalty.

5.65.160    Savings clause.

5.65.010 Purpose and policy.

Certain uses, because of their infrequent occurrence and temporary nature, are classified as “special events.” These types of uses are temporary in nature, of limited duration, and may be associated with promotions, holidays, city festivals, etc. These special events shall be allowed by special events permit granted by the city manager or designee.

Partnerships between the city, event sponsors, and the community are valuable in ensuring successful events. Therefore, the city will strive to accommodate special events. The city recognizes that events can be difficult to implement successfully and that the city requirements may represent a significant portion of the event’s costs. When setting fees and conditions for events, the city will be sensitive to their impacts on the event’s costs while balancing the city’s obligation to protect public health and safety. It is the city’s goal to have successful special events that enrich and enliven the community. (Ord. 2016-04 § 1, 2016).

5.65.020 Intent.

It is the specific intent of this chapter and any procedures adopted hereunder to place the obligation of complying with the requirements of this chapter upon the applicant or sponsor, and no provision thereof is intended to impose any duty upon the city or any of its officers, employees, or agents. Nothing contained in this chapter or any procedure adopted is intended to be or shall 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 failure of the applicant or sponsor to comply with the provisions hereof. (Ord. 2016-04 § 1, 2016).

5.65.030 Definitions.

A. “Special events” shall mean any activity conducted on public property or a public right-of-way, any event held on private property which involves an open invitation to the public to attend, or events held on private property where the attendance is by private invitation of 100 or more people.

B. “Special events protected under the First and Fourteenth Amendments” includes any event involving political or religious activity intended primarily for the communication or expression of ideas.

C. “Special events permit” shall mean the permit issued by the city manager or designee after the applicant has met all applicable reviews and requirements set forth in this chapter.

D. “Temporary structure” shall mean any structure that is moved onto or erected on a private lot or public right-of-way to service a special event. “Temporary structure” includes, but is not limited to, stages, booths for tickets, games, vendors selling wares, and food or other concessions; tents, portable lavatories, gazebos, mobile offices or job shacks, etc.

E. “Use” shall mean to construct, erect, or maintain in, on, over or under any street, right-of-way, park or other public places, any building, structure, sign, equipment or scaffolding, to deface any public right-of-way by painting, spraying or writing on the surface thereof, or to otherwise occupy in such a manner as to obstruct the normal public use of any public street, right-of-way, park or other public places within the city, including a use related to special events. (Ord. 2021-01 § 1, 2021; Ord. 2016-04 § 1, 2016).

5.65.040 Permit required.

It shall be unlawful to hold a special event, as defined in this chapter, without first having been issued a special event permit by the city. A special event permit is not required for activities specifically exempted in TMC 5.65.045. Such special event permit shall be in addition to any street or park facility use permit, or other regular permits as may be required by the Toppenish Municipal Code. Special event permit fees shall be established by resolution of the city council as amended from time to time.

When such an event will be an exercise of rights protected by the First and Fourteenth Amendments to the United States Constitution, the application shall be processed promptly, without charging a fee for political or religious activities or imposing terms or conditions that infringe upon constitutional freedoms, and in a manner that respects the liberty of applicants and the public. (Ord. 2021-01 § 1, 2021; Ord. 2016-04 § 1, 2016).

5.65.045 Special event permit exemptions.

The following activities are exempt from the permit requirements for special events:

A. Parades, athletic events or other special events that occur exclusively on city property and are sponsored or conducted in full by the city of Toppenish. (An internal review process should be considered in these instances.);

B. Funeral and wedding processions;

C. Groups required by law to be so assembled;

D. Gatherings of 50 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 and rummage sales;

G. The exhibition of films or motion pictures; or

H. Other similar events and activities which do not directly affect or use city services or right-of-way property. (Ord. 2021-01 § 2, 2021).

5.65.050 Special event permit application requirements.

A. An application for a special event shall be made by applying with the city at least 30 days before the start of the event. At the discretion of the city, the city shall consider an application that is filed after the deadline if there is sufficient time to process the application and obtain departmental approvals. The application deadline does not apply if the event is to exercise rights protected under the First and/or Fourteenth Amendments of the United States Constitution.

B. An application for a special event permit shall include at the minimum the following:

1. A statement of the purpose of the special event;

2. A statement of fees to be charged for the special event, including admissions fees;

3. The proposed location for the special event;

4. Dates and times when the special event is to be conducted;

5. The approximate times when assembly for, and disbanding of, the special event is to take place;

6. The proposed locations of the assembly or production area;

7. A site layout plan addressing the following:

a. The size and location of all structures, canopies, vehicles and trailers;

b. Electrical and water installations serving the event, including provisions to address tripping hazards;

c. The location and type of all devices powered by portable fuel such as propane, gasoline, and alcohol and quantity of fuel at each location;

d. Identify all safety and fire hazards;

e. An emergency access corridor at least 24 feet wide must be maintained for all temporary and permanent structures. Access to fire hydrants shall not be obstructed and must be maintained throughout the event;

f. The number and location of portable restroom facilities, including provisions for hand washing and number of units to be accessible to the disabled; and

g. Provisions for refuse disposal including the number, capacity and location of waste receptacles, including receptacles for disposal of food waste, wastewater and grease;

8. Street Closures. Identify the location and duration of proposed street closures and use of portions of right-of-way. Street closures are subject to the approval of the city manager;

9. Security Plan. Provide a security plan addressing the number of persons proposed or required to provide security, monitor or facilitate the special event, and provide spectator or participant control and direction for special events using city streets, sidewalks, or facilities. Security provisions and plans for the special event are subject to review and approval by the chief of police or designee. The chief of police may require the event organizer to retain off-duty police officers to supplement and enhance the event organizer’s security personnel and security plan. The number of such police officers shall be determined by the chief of police based upon the type of event, anticipated number of attendees, plans for service and/or consumption of alcohol, and other like criteria. The event organizer shall be solely responsible to retain such officers through arrangements with the chief of police;

10. Provisions for first aid or emergency medical services, or both, based on special event risk factors;

11. The number of bands or other musical units and the nature of any equipment to be used to produce sounds or noise. Events with outdoor entertainment, music and speeches (particularly those with amplified sound) shall not unreasonably impact neighboring residents or businesses. No event shall exceed a maximum decibel limit of 95 dB measured at the property line over a sustained period of 10 minutes. Outdoor music and entertainment shall be limited to performing between the hours of 10:00 a.m. and 10:00 p.m.;

12. Insurance and surety bond information;

13. Provisions for police, fire, medical facilities, parks and public works crews;

14. Owner’s Consent. An affidavit of consent by the property owners of the special event site and/or designated parking site or sites may be required for permit issuance; and

15. Sales. Any person proposing to engage in sales activity in connection with a special events permit may be required to obtain a business license sales permit in accordance with the provisions of Chapter 5.01 TMC. (Ord. 2021-01 § 3, 2021; Ord. 2016-04 § 1, 2016).

5.65.060 Grounds for denial of application.

The city may deny an application for a special event permit if:

A. The applicant provides false or misleading information; or

B. 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; or

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; or

D. The proposed event would unreasonably disrupt the orderly or safe circulation of traffic or would present an unreasonable risk of injury or damage to the public; or

E. There is not sufficient safety personnel or other necessary city staff to accommodate the event.

In the event subsection C or D of this section applies, the city shall offer the applicant the opportunity to submit an alternative date or place for the proposed event before denying the application. (Ord. 2016-04 § 1, 2016).

5.65.070 Permit conditions.

A. 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. The following conditions apply to all special event permits:

1. Alteration of the time, place and manner of the event proposed on the event application;

2. Conditions concerning the area of assembly and disbanding of an event occurring along a route; and

3. Conditions concerning accommodation of pedestrians or vehicular traffic, including restricting the event to only a portion of the street or right-of-way.

B. Conditions on special event permits not protected under the First and Fourteenth Amendments of the U.S. Constitution include, but are not limited to:

1. Requirements for the use of traffic cones or barricades;

2. Requirements for the provision of first aid or sanitary facilities;

3. Requirements for use of event monitors and providing notice of permit conditions to event participants;

4. Restrictions on the number and type of vehicles, animals or structures at the event, and inspection and approval of floats, structures, and decorated vehicles for fire safety;

5. Compliance with animal protection ordinances and laws;

6. Requirements for use of garbage containers, cleanup, and restoration of city property;

7. Restrictions on the use of amplified sound and compliance with city noise ordinance provisions;

8. Notice to residents and/or businesses regarding any activity which would require a street closure;

9. Restrictions on the sale and/or consumption of alcohol;

10. Elimination of an activity which cannot be mitigated to a point as to ensure public safety and welfare, or which causes undue liability risk to the city;

11. Requirements regarding the use of city personnel and equipment;

12. Compliance with any other applicable federal, state or local law or regulation; and

13. Payment of special event fees as stated in TMC 5.65.120, Fees for city services. (Ord. 2016-04 § 1, 2016).

5.65.080 Appeal procedure.

The applicant shall have the right to appeal the denial of a permit or a permit condition. The applicant shall also have the right to appeal the amount of fees or clean-up deposits imposed pursuant to TMC 5.65.120, Fees for city services, and TMC 5.65.130, Cleanup deposits, or a determination by the city that the applicant’s insurance does not comply with the requirements specified in TMC 5.65.110, Insurance. A written notice of appeal shall be filed with the city council within three business days after receipt or personal delivery of a notice of denial or permit conditions from the city. The written notice of appeal shall set forth the specific grounds for the appeal and attach any relevant documents for consideration. The city council shall hear the appeal on the record provided from the designated city official and upon public comment given at the scheduled hearing before the council. The hearing shall be scheduled no later than 30 days after receipt of a timely and proper notice of appeal. Public comment at the appeal hearing shall be limited to three minutes per individual and 15 minutes each for appellant and city respondent. The decision of the city council is final.

If there is insufficient time for a timely appeal to be heard by the city council prior to the date on which the event is scheduled, the applicant may, at its own option, request that the appeal be considered by the city manager. The city manager or designee shall hold a hearing no later than five business days after the filing of the appeal and will render a decision no later than one business day after hearing the appeal. If the appeal is requested and heard before the city manager, the city manager’s decision is final. There is no further appeal to the city council. (Ord. 2016-04 § 1, 2016).

5.65.090 First and Fourteenth Amendment special events.

No fee, indemnification agreement or insurance requirement shall be imposed when prohibited by the First and Fourteenth Amendment to the United States Constitution. Political or religious activity intended primarily for the communication or expression of ideas shall be presumed to be a constitutionally protected event. Factors that may be considered in evaluating whether or not the fee applies include the nature of the event, the extent of commercial activity, such as the sales of food, goods, and services, product advertising or promotion, or other business participation in the event, the use or application of any funds raised, if part of any annual tradition or series, previous events in the sequence, and the public perception of the event. (Ord. 2021-01 § 4, 2021; Ord. 2016-04 § 1, 2016).

5.65.100 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, volunteers 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. 2016-04 § 1, 2016).

5.65.110 Insurance.

The following insurance shall be required in connection with the issuance of a permit for a special event not protected under the First and Fourteenth Amendments of the U.S. Constitution: commercial general liability insurance with minimum limits of $1,000,000 per occurrence and $2,000,000 general aggregate unless waived by the city; provided, that the city manager is authorized to require increased levels of coverage based upon the level of risk posed by the event.

The city manager is authorized and directed to require written proof of such insurance prior to permit issuance. The insurance policy shall be written on an occurrence basis, shall name the city as an additional insured, shall be written for a period not less than 24 hours prior to the event and extending for a period not less than 24 hours following the completion of the event, and shall contain a provision prohibiting cancellation of the policy, except upon 30 days’ written notice to the city. (Ord. 2016-04 § 1, 2016).

5.65.120 Fees for city services.

A. Upon approval of an application for a permit for a special event not protected under the First and Fourteenth Amendments of the U.S. Constitution, the city manager should provide the applicant with a statement of the estimated cost of providing city personnel and equipment. The applicant/sponsor of the event must prepay any estimated costs for city services and equipment 10 days prior to the special event. City services and equipment may include 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. City service fees shall be established by resolution of the city council, as amended from time to time.

B. If the actual cost for city services and equipment on the date(s) of the event is less than the estimated cost, the applicant/sponsor will be refunded the difference by the city in a timely manner. If the actual cost for city services and equipment on the date(s) of the event is greater than the estimated cost, the applicant/sponsor will be billed for the difference to be paid within 30 days of billing.

C. Permit fees and fees for the use of city services and equipment may be waived in part or in full by the city manager if in review of the application it is found that the event is of sufficient public benefit to warrant the expenditure of city funds without reimbursement by the applicant/sponsor and would not result in the private financial gain of any individual or “for-profit” entity. (Ord. 2017-01 § 1, 2017; Ord. 2016-04 § 1, 2016).

5.65.130 Cleanup deposits.

The applicant/sponsor of an event, not protected under the First and Fourteenth Amendments of the U.S. Constitution, involving the sale of food or beverages for immediate consumption, erection of structures, horses or other large animals, water aid stations or any other event likely to create a substantial need for cleanup, may be required by the city manager to provide a cleanup deposit prior to the issuance of a special event permit.

The cleanup deposit may be returned after the event if the area used for the permitted event has been cleaned and restored to the same condition as existed prior to the event.

If the property used for the event has not been properly cleaned or restored, the applicant/sponsor shall be billed for the actual cost by the city for cleanup and restoration to be paid within 30 days of billing. The cleanup deposit shall be applied toward the payment of the bill. (Ord. 2016-04 § 1, 2016).

5.65.140 Revocation of permits.

Any permit issued under this chapter may be summarily revoked by the city at any time when, by reason of disaster, public calamity, riot or other emergency or exigent circumstances, the city manager determines the safety of the public or property requires such immediate revocation. The city manager may also summarily revoke any permit issued pursuant to this chapter if the city manager finds that the permit has been issued based upon false information or when the permittee exceeds the scope of the permit or fails to comply with any condition of the permit. Notice of such action revoking a permit shall be delivered in writing to the permittee by personal service or certified mail at the address specified by the permittee in the application. (Ord. 2016-04 § 1, 2016).

5.65.150 Violation – Penalty.

A. It shall be unlawful for any person to sponsor or conduct a special event requiring a special event permit pursuant to this chapter unless a valid permit has been issued and remains in effect for 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 with knowledge that a once valid permit has expired or been revoked.

B. 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/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.

C. Any person or organization violating any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be 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. (Ord. 2016-04 § 1, 2016).

5.65.160 Savings clause.

If any section, sentence, clause, phrase, part or portion of the ordinance codified in this chapter is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance codified in this chapter. (Ord. 2016-04 § 1, 2016).