Chapter 8.12
SPECIAL EVENTS

Sections:

8.12.020    Definitions.

8.12.030    Special event permit required – Violation.

8.12.040    Exemptions from permit requirements.

8.12.045    Issuance of a special event permit does not obligate City services.

8.12.050    Permit application.

8.12.055    Priority of special event permit issuance.

8.12.060    Permit issuance.

8.12.065    Special expressive events.

8.12.070    Action on permit application for special event.

8.12.080    Grounds for denial and/or revocation of permit for special event.

8.12.090    Permit conditions for special event.

8.12.095    Use of City seal, logo or name prohibited.

8.12.100    Appeal procedures for special event.

8.12.110    Indemnification agreement for special event.

8.12.120    Insurance requirement for special event.

8.12.130    Fees for City services for special event.

8.12.140    Damage deposit.

8.12.150    Revocation of permits for special events.

8.12.160    Delegation of Development Services Director’s authority.

8.12.165    City Manager authorized to adopt rules and regulations.

8.12.170    Responsibility – No duty created.

8.12.020 Definitions.

(1) “City-sponsored special event” means a special event that is designated by the City Council as such and is sponsored financially or in-kind in whole or in part by the City. The Council hereby designates “Celebrate Woodinville” as a City-sponsored special event.

(2) “Special event” means any event meeting all of the following four criteria:

(a) Lasts fewer than 25 consecutive or nonconsecutive days in any calendar year;

(b) Is conducted wholly or partially on a public right-of-way or City park, or involves the installation of tents or other temporary structures requiring inspection or review by the City;

(c) Does not require a temporary use permit pursuant to Chapter 21.36 WMC;

(d) Has a significant impact upon the normal use of the public right-of-way, or consists of a gathering of more than 30 people at a City park, except for Woodinville Sports Fields, pursuant to WMC 8.12.040.

Special events may include, but are not limited to, fun runs, races on foot, bicycle, or rollerskates, other athletic events, fundraising events, auctions, bike-a-thons, parades, carnivals, shows or exhibitions, filmmaking, circuses, block parties and fairs.

(3) “Special expressive event” means a special event organized primarily to convey ideas, opinions, or thoughts through words or conduct. Examples of special expressive events include political demonstrations and/or rallies, picketing, and similar types of speech or conduct typically given a higher level of constitutional protection than commercial speech.

(4) “Significant impact” is defined as creating an unusual need for City-provided emergency or protective services such as police, fire or medical aid and/or necessitating special traffic control measures such as barricades, traffic direction by police, or similar measures.

(5) “Technical review committee” means a committee of City staff members representing each City department responsible for reviewing, regulating, or promulgating specific aspects of the municipal code as it relates to special events. Members may include City staff from the Development Services, Public Works, Police, and/or Administrative Services Departments. (Ord. 616 § 1 (Att. A), 2016; Ord. 548 § 1, 2012; Ord. 310 § 1, 2002)

8.12.030 Special event permit required – Violation.

(1) Any person desiring to conduct or sponsor a special event in the City of Woodinville shall first obtain a special event permit from the City.

(2) It shall be unlawful for any person to sponsor, conduct, or participate in a special event requiring a special event permit pursuant to this chapter without a valid special event permit.

(3) The special event permit authorizes the permit holder/sponsor to conduct only such an event as is described in the permit, and to do so in accordance with the terms and conditions of the permit. It is unlawful to violate the terms and conditions of these permits, or to continue with the event after the permit is revoked or expired.

(4) Violations of this chapter shall be enforced pursuant to Chapter 1.06 WMC. (Ord. 616 § 1 (Att. A), 2016; Ord. 310 § 1, 2002)

8.12.040 Exemptions from permit requirements.

A special event permit is not required for events which do not meet the definition of special event. The following is a nonexhaustive list of events and activities that do not constitute special events:

(1) Regularly scheduled school events, such as athletic events, which use existing parking, traffic controls, and public safety support.

(2) Funeral and wedding processions.

(3) Gatherings of 30 or fewer people in a City park, unless merchandise or services are offered for sale or trade to the public, in which case a special event permit is required.

(4) Temporary sales conducted by businesses on private property, such as holiday sales, grand opening sales, or anniversary sales.

(5) Garage sales, rummage sales, lemonade stands, and car washes conducted on private property.

(6) Private events held entirely on private property that do not involve the use of or have an impact on public property or facilities and that do not require the provision of City public services.

(7) Lawful picketing on sidewalks that does not impede pedestrian or vehicular traffic and with an attendance of 30 or fewer people.

(8) Normal permitted uses of the Woodinville Sports Fields for routine athletic practices, games, or events that do not require set-up of permitted structures (such as large tents or bounce houses), additional sanitation facilities, or additional off-site parking. (Ord. 616 § 1 (Att. A), 2016; Ord. 310 § 1, 2002)

8.12.045 Issuance of a special event permit does not obligate City services.

Issuance of a special event permit under this chapter does not obligate or require the City of Woodinville to provide City services, equipment, or personnel in support of a special event. (Ord. 616 § 1 (Att. A), 2016)

8.12.050 Permit application.

(1) Any person desiring to sponsor a special event, other than a special expressive event, shall apply for a special event permit by filing a complete application with the City no less than 90 days and no greater than one year prior to the date on which the event is to occur. A complete application shall include the name of the sponsor, the date, time, and location of the event, the number of participants and attendees expected at the event, the type of activities expected to occur at the event, a signed indemnification agreement, and payment of a permit fee. A meeting with the technical review committee may be scheduled to review and discuss the application upon submittal of a complete application.

(2) An application for a special expressive event shall be filed with the Development Services Director no less than seven calendar days before the time when it is proposed to conduct the special expressive event if there are anticipated impacts to traffic safety and/or a need for police presence. If the special expressive event is not anticipated to impact traffic safety or require police presence, an application for a permit shall be filed no less than three calendar days before the time when it is proposed to conduct the special expressive event. Upon good cause shown and provided that there is no significant risk or burden to the City, the Development Services Director may, in his or her discretion, allow a later filing.

(3) The Technical Review Committee will meet with applicants for special events to recommend what conditions for the Development Services Director to place upon the special event permit. Technical review may include, but is not limited to, review of traffic plans and traffic control measures, appropriate levels of police and fire support, conflicts with other events or construction projects, aspects of the event that might compromise public safety, and ways to mitigate impacts upon City property, neighborhoods and businesses. The technical review meeting may also be used to inform the applicant of codes and regulations that would apply to the event.

(4) The use of a float shall require a permit from the fire official and is subject to any conditions set forth in the fire code. (Ord. 616 § 1 (Att. A), 2016; Ord. 310 § 1, 2002)

8.12.055 Priority of special event permit issuance.

City-sponsored events shall have priority when scheduling dates and public venues for special events. All other events, except for special expressive events, shall be scheduled on a first-come, first-served basis not more than one year prior to the proposed date of the event. When on the same business day one or more than one applicant requests the same date and venue for their event, 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 Woodinville.

(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 City work program initiative. (Ord. 616 § 1 (Att. A), 2016)

8.12.060 Permit issuance.

The City shall issue its decision regarding a special event permit within 60 days of receiving a complete application, or not less than 30 days in advance of the special event, other than for a special expressive event permit. (Ord. 616 § 1 (Att. A), 2016; Ord. 310 § 1, 2002)

8.12.065 Special expressive events.

When a special expressive event permit is sought, the following exceptions shall apply:

(1) Where the special event will not require temporary street closures, cost recovery shall be limited solely to a fee based on the cost of processing the permit application.

(2) The insurance requirements of WMC 8.12.120 may be waived by the Development Services Director; provided, that the event organizer has filed with the application a verified statement that he or she intends the event purpose to be First Amendment expression and the cost of obtaining insurance is financially burdensome and would constitute an unreasonable burden on the right of First Amendment expression.

(3) The City cost recovery requirements of WMC 8.12.130 may be waived by the Development Services Director in part or in full if the event organizer has filed a verified statement that the event’s purpose is First Amendment expression, and that the cost of City services and equipment is so financially burdensome that it would constitute an unreasonable burden on the right of First Amendment expression.

(4) The City may deny a special expressive event permit under the conditions for permit denial listed in WMC 8.12.080. (Ord. 616 § 1 (Att. A), 2016)

8.12.070 Action on permit application for special event.

All permits issued under this chapter shall be issued by the Development Services Director or designee. Upon receipt of the comments of affected City departments on the application, the Development Services Director shall proceed to consider whether or not the permit should be issued. A permit may be issued to the applicant only if all of the following criteria and conditions for issuance are met:

(1) Adequate plans for parking exist to meet the need generated for the proposed event;

(2) The proposed special 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 vehicles or pedestrians;

(3) The proposed event will not unreasonably compound impacts of other activities such as events or construction on the date(s) requested;

(4) The proposed event location has not been unreasonably impacted by the number of events in a one-year period;

(5) City personnel and resources are available to assist with the event as deemed necessary by the Development Services Director;

(6) Such other and further conditions as the Development Services Director deems necessary to reasonably ensure that the proposed special event does not in any way create a likelihood of endangering those who may participate or be spectators. (Ord. 616 § 1 (Att. A), 2016; Ord. 310 § 1, 2002)

8.12.080 Grounds for denial and/or revocation of permit for special event.

A special event permit may be denied and/or the permit may be revoked if the Development Services Director finds one or more of the following situations to exist:

(1) The event cannot be conditioned to avoid endangering the public health or safety;

(2) Neither the City nor the applicant is able to provide sufficient public safety personnel or other necessary staff to accommodate the event so that it may occur in a safe manner;

(3) The applicant has not provided sufficient safety, health, or sanitation equipment services, or facilities that are reasonably necessary to ensure that the special event will be conducted with due regard for safety;

(4) The application has not provided sufficient 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 special event;

(5) The applicant has not provided an adequate first aid or emergency medical services plan based on special event risk factors;

(6) The applicant has not met all of the requirements for submitting a timely and complete application for a special event permit, or has not submitted a complete application after having been notified of additional information or documents required;

(7) The applicant has not conducted an authorized or exempted special event in accordance with law or terms of the permit, or both;

(8) Information contained in the application, or supplemental information requested from the applicant is found to be materially false;

(9) The applicant refuses or fails to agree or comply with all of the conditions and terms of the permit;

(10) The time and location of the event will substantially interfere with any construction or maintenance work scheduled to take place upon or along public property or right-of-way;

(11) The event shall occur at a time and place where a school is in session at a route or location adjacent to the school or class thereof, and the noise created by the activities of the event would substantially disrupt the educational activities of the school or class;

(12) Another special event permit application has already been received, or has already been approved, to hold another event at the same time and place requested by the applicant, or so close in time and place 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;

(13) The applicant’s insurance has lapsed or is canceled;

(14) The event would create or constitute a public nuisance;

(15) The event would cause damage to public property or facilities in excess of that which would be reasonably expected from an event of similar type; or

(16) The event would require the diversion of so many public employees that allowing the event would unreasonably deny service to the remainder of the City. (Ord. 616 § 1 (Att. A), 2016; Ord. 310 § 1, 2002)

8.12.090 Permit conditions for special event.

The Development Services Director 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. Such conditions may include but are not necessarily limited to:

(1) Alteration of the date, time, route or location of the event proposed on the event application;

(2) Conditions relating to the safety of the event area;

(3) Compliance with City right-of-way permit conditions including the posting of bonds to provide assurances concerning accommodation of pedestrian or vehicular traffic, including restricting the event to only a portion of the street or right-of-way, and requirements for the use of traffic cones or barricades;

(4) Requirements for the provision of first aid and/or sanitary facilities;

(5) Requirements for use of event monitors and providing notice of permit conditions to event participants;

(6) 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 safety;

(7) Compliance with animal protection ordinances and laws;

(8) Compliance with food safety and public health ordinances and laws;

(9) Requirements for use of garbage containers, cleanup, and restoration of City property including litter/damage deposits;

(10) Restrictions on the use of amplified sound and compliance with noise regulations and laws;

(11) Notice to residents and/or businesses regarding any activity which would require a street closure and/or cause other significant impacts;

(12) Restrictions on the sale and/or consumption of alcohol;

(13) Elimination of an activity which cannot be mitigated to ensure public safety, or which would expose the City to undue liability;

(14) Requirements regarding the use of City personnel and equipment; or

(15) Compliance with any other applicable Federal, State or local law or regulation, including but not limited to the City’s admission tax ordinance and sign code regulations. (Ord. 616 § 1 (Att. A), 2016; Ord. 310 § 1, 2002)

8.12.095 Use of City seal, logo or name prohibited.

It is unlawful for any event organizer to use in the title of an event the words “The City of Woodinville” or “City of Woodinville,” or facsimile of the seal or logo of the City of Woodinville without prior approval of the City Manager. (Ord. 616 § 1 (Att. A), 2016)

8.12.100 Appeal procedures for special event.

The applicant shall have the right to appeal the denial of a special event permit or the imposition of a condition of approving such a permit, including, but not limited to, the amount of fees or cleanup deposits imposed pursuant to WMC 8.12.130, or a determination by the Development Services Director that the applicant’s certificate of insurance does not comply with the requirements specified in WMC 8.12.120. A written notice of appeal shall be filed with the City Clerk and the Development Services Department, along with the applicable appeal fee, within three business days of receiving either a notice of denial or a conditional approval. The written notice of appeal shall set forth the specific grounds for the appeal. The appeal shall be scheduled before the Hearing Examiner, whose decision shall be final. (Ord. 616 § 1 (Att. A), 2016; Ord. 310 § 1, 2002)

8.12.110 Indemnification agreement for special event.

Upon application for a special event permit, 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, defend, and hold harmless 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. 616 § 1 (Att. A), 2016; Ord. 310 § 1, 2002)

8.12.120 Insurance requirement for special event.

The following insurance shall be required in connection with the issuance of a special event permit: $1,000,000 commercial general liability insurance per occurrence, and $2,000,000 general aggregate, unless waived by the City Manager or his designee.

The applicant is required to provide written proof of such insurance within 30 days after permit approval, but not less than 15 days in advance of the event. The insurance policy shall be written on an occurrence basis, shall name the City as an additional insured, shall be written for a period of at least 24 hours prior to the event and extending for a period of at least 24 hours following the completion of the event, and shall contain a provision prohibiting cancellation of the policy or reduction in coverage except upon 30 days’ written notice to the City.

The City reserves the right to require a higher level of insurance for events that pose a significant level of risk as determined through consultation with its risk pool. (Ord. 616 § 1 (Att. A), 2016; Ord. 310 § 1, 2002)

8.12.130 Fees for City services for special event.

(1) An application for a special event permit shall be submitted to the Development Services Department with an application fee in an amount to be set by City Council resolution. Such resolution shall include a discounted fee for special event permit applications for youth nonprofit merchandise sales held at City parks that do not require City personnel and equipment to support the event.

(2) Upon approval of an application for a special event permit, the Finance Director shall provide the applicant with a statement of the estimated cost of providing City personnel and equipment to support the event that exceeds the standard costs for City services paid in the permit application fee. The applicant/sponsor of the event will be required to prepay these estimated costs according to the statement at least 10 days prior to the special event. City services and equipment may include the use of police officers and public works employees for traffic and crowd control, pick up and delivery of traffic control devices, picnic tables, extraordinary street sweeping and any other requested or required City services and the cost of operating City equipment to provide such services.

(3) If the actual cost for City services and equipment on the date(s) of the event is less than the estimated cost in the schedule, the applicant/sponsor will be refunded the difference by the City in a timely manner after all costs have been determined. 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.

(4) Permit fees and fees for the use of City services and equipment may not be waived. In cases where a contract exists between the City and the event sponsor, such as for a City-sponsored event, fees may be credited.

(5) If an application for a special events permit is denied, the applicant will receive a refund for fees paid, less the portion of the permit fee for application review. (Ord. 616 § 1 (Att. A), 2016; Ord. 310 § 1, 2002)

8.12.140 Damage deposit.

(1) The applicant/sponsor of a special event involving the sale of food or beverages for immediate consumption, erection of structures, presence of horses or other large animals, water aid stations or any other event likely to create a substantial need for cleanup may be required to provide a deposit prior to the issuance of a special event permit. A deposit may also be required to cover damage or losses to City fixtures or equipment such as barricades, curbs, signs, fences, etc.

(2) The 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 and all equipment has been returned in good working order.

(3) 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, restoration, or for the replacement cost of lost or damaged equipment. The deposit shall be applied toward the payment of the bill. (Ord. 616 § 1 (Att. A), 2016; Ord. 310 § 1, 2002)

8.12.150 Revocation of permits for special events.

In addition to the reasons specified elsewhere in this chapter, any special event permit issued under this chapter may be revoked by the Development Services Director at any time for reasons of disaster, public calamity, riot or other emergency or exigent circumstances, or when the Development Services Director determines that the safety of the public or property requires such immediate revocation. The Development Services Director may also revoke any permit issued pursuant to this chapter if the permit has been issued based upon false information or when the permit holder 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 applicant by personal service or certified mail at the address specified by the applicant in the application. If a special event permit fee is revoked, the applicant will receive no refunds for any fees paid. (Ord. 616 § 1 (Att. A), 2016; Ord. 310 § 1, 2002)

8.12.160 Delegation of Development Services Director’s authority.

The Development Services Director may delegate any or all of his or her functions under this chapter to his or her deputies or subordinates. (Ord. 616 § 1 (Att. A), 2016)

8.12.165 City Manager authorized to adopt rules and regulations.

The City Manager is authorized to promulgate additional rules and regulations that are consistent with and that further the terms and requirements set forth within this chapter and the provisions of law that pertain to the conduct and operation of a special event. (Ord. 616 § 1 (Att. A), 2016)

8.12.170 Responsibility – No duty created.

This chapter shall not create any duty owed by the City of Woodinville as to any specific person, party or class. Any duty nevertheless deemed to exist or arise in connection with the City’s permitting function shall be deemed exclusively a duty to the general public as a whole and not to any specific person, party or class. (Ord. 616 § 1 (Att. A), 2016; Ord. 310 § 1, 2002)