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HomeMy WebLinkAboutO-2099 - Special events (Repealed by 2901)CITY OF MARYSVILLE Marysville,Washington /Cc..~7.4.",__--., ~~ r~ ~~...1. ~~. ORDINANCE NO.)..oqq_ AN ORDINANCE OF THE CITY OF MARYSVILLE,WASHINGTON DEFINING SPECIAL EVENTS AND ESTABLISHING PERMITTING PROCEDURES. WHEREAS, the Marysville City Council finds that there are an increasing number of organizations requesting the use of Marysville streets, rights of way, sidewalks, and publicly owned property such as parks for special events; and WHEREAS, the City Council finds that special events typically impact vehicular and pedestrian traffic and result in crowds or other situations that unless properly controlled, may potentially endanger the health, safety or welfare of the general public; and WHEREAS, the City Council finds there are no general special event permitting procedures or requirements in City Code; and WHEREAS, the City Council finds that some of such events are a vital tradition in the City of Marysville; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1.Definitions a. "Special Events"include any event which is to be conducted on public property or on a public right-of-way; and, also, any event held on private property which would have a direct significant impact on traffic congestion; or traffic flow to and from the event over public streets or rights-of-way; or which would significantly impact the need for City-provided emergency services such as police, fire or medical aid. It is presumed that any event on private property which involves an open invitation to the public to attend or events where the attendance is by private invitation of 100 or more people are each presumed to be an event that will have a direct significant impact on the public streets, rights-of-way or emergency services. Special events might include, but not be limited to, fun runs, roadway foot races, fundraising walks, auctions, bikeathons, parades, carnivals, shows or exhibitions,filming/movie events, circuses, block parties, markets, sporting events and fairs. Section 2. Permit Required a. No person or organization shall conduct a special event that affects the customary and ordinary use of public streets, rights of way, sidewalks and publicly owned property, i.e., parks. without first having obtained a Special Event Permit from the City of Marysville. b. A special event permit is not required for the following: 1. Parades, athletic events or other special events that occur exclusively on city property and are sponsored or conducted in full by the City of Marysville. An internal review process will be conducted for these events. 2. Funerals and weddings. 3. Groups required by law to be so assembled. 4. Gatherings of 30 or fewer people in a City park, unless merchandise or services are offered for sale or trade. 5. Temporary sales conducted by businesses, such as holiday sales, grand opening sales, or anniversary sales. 6. Garage sales and rummage sales. 7. Other similar events and activities which do not directly affect or use City services or property. 8. Annual Strawberry Festival which is governed by MMC Chapter 5.48. Section 3. Permit Application a.An application for a Special Event Permit can be obtained at the office of the City Clerk and will be completed and submitted to the City Clerk no later than sixty (60) days prior to the proposed event. A completed application does not constitute approval of the permit. b. A waiver of application deadline shall be granted upon a showing of good cause or at the discretion of the City Clerk (risk manager). The City Clerk shall consider an application that is filed after the filing deadline if there is sufficient time to process and investigate the application and obtain police and other city services for the event. Good cause can be demonstrated by the applicant showing that the circumstances that gave rise to the permit application did not reasonably allow the participants to file within the time prescribed, and that the event is for the purpose of exercising the right of free speech. ,, c. The following information shall be provided on the Special Event Permit application:purpose of the special event; name, address and telephone number of the sponsoring organization and/or individual (s);proposed date of event, location and hours of operation,schedule of events,estimated attendance,special facility requirements, city assistance required, and other information as the City deems reasonably necessary to determine that the permit meets the requirements of this ordinance. Section 4. Approval a. Based on the type of event and the event to which City services will be required, approval of Special Event Permit applications will be made by the following authorities: i. Approval by City Staff.Administrative approval for one-day events contained on a single site that could involve special parking arrangements and hiring of police officers for crowd control and traffic control. City Staff shall include a representative from the Police, Planning,Public Works, Parks and Recreation and City Clerk Departments. ii. Approval by City Council.Multiple-day events (four days maximum) or any event involving street closures or impacts to services city-wide. Events lasting more than four days shall be subject to submittal of additional information as required by City Staff. iii. The City Council will be notified of all special event approvals made by the City Staff. iv. If permits and/or coordination is required from other agencies, i.e., Community Transit,Department of Transportation,etc. these must be submitted prior to the issuance of the permit. Section 5. Fees a. Permit. There will be a $25.00 non-refundable application fee for a Special Event Section 6.Departmental Analysis a. The City Clerk will send copies of Special Event Permit applications to all pertinent City departments for review and determination of services required. b. The applicant is required to contract with the Marysville Police Department and Public Works Department to employ police officers for security and traffic control as determined by the departmental analysis. c. Cost of City services, i.e., Police, Public Works employees, etc. for special events will be estimated prior to the event. Additional costs incurred will be evaluated following the completion of the event. The City may in its discretion require a cash deposit for such costs. Section 7. Insurance Required a. The applicant is required to obtain and present evidence of comprehensive liability insurance naming the City of Marysville as an additional insured for use of streets, public rights of way and publicly owned property such as parks. The insurance requirement is a minimum of $1 ,000,000 for individual incidents, $2,000,000 aggregate, per event, against all claims arising from permits issued pursuant to this ordinance. A certificate of insurance shall be required naming the City as an additional insured and indemnifying the City's, it's officers, employees and agents from all causes of action, claims or liabilities occurring in connection with the permitted event.In circumstances posing an unusual risk of liability the City may, in its discretion increase the minimum insurance requirements. Section 8. Denial of Permit a.Reasons for denial of a Special Event Permit include, but are not limited to: i.The event will disrupt traffic within the City of Marysville beyond practical solution. ii. The event will protrude into the public space open to vehicle or pedestrian travel in such a manner as to create a likelihood of endangering the public. iii. The event will interfere with access to emergency services. iv. The location or time of the special event will cause undue hardship or excessive noise levels to adjacent businesses or residents. v. The event will require the diversion of so many City employees that it would unreasonably affect other City services. vi. The application contains incomplete or false information. vii. The applicant fails to provide proof of insurance. VIII.The applicant fails to obtain a City business license and/or fails to pay the special event permit fee. ix. The applicant does not meet current zoning requirements. x. The applicant fails to obtain local, county, state and federal permits as required. Section 9. Appeal a. The applicant has the right to appeal any denial of a special events permit to the City Council. Section 10. Sanitation a. A Special Event Permit may be issued only after adequate waste disposal facilities have been identified and obtained by the applicant. The permittee is required to clean all permitted public and private properties and the right-of-way of rubbish and debris, returning it to its pre-event condition. i. If the permittee fails to clean up such refuse, the clean-up will be arranged by the City and the costs charged to the permittee. b. A Special Event Permit may be issued only after adequate restroom and washroom facilities have been identified and arranged for or obtained by the applicant subject to the Snohomish Health District's review and certification process. Section 11. No Special Duty Created a. It is the purpose of this ordinance to provide for the health, welfare and safety of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this ordinance. No provision or term used in this ordinance is intended to impose any duty whatsoever upon the City or any of its officers, agents, or employees for whom the implementation or enforcement of this ordinance shall be discretionary and not mandatory. Nothing contained in this ordinance is intended to be, nor shall be construed to create or form the basis for any liability on the part of the City or its officers, agents, and employees for any injury or damage connected to the use for which the permit is issued. Section 12. Severability a. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance to any person or circumstance shall not affect the validity of the remainder of this ordinance or the validity of its application to other persons or circumstances. PASSED by the City Council and APPROVED by the Mayor this /;)..:61\day of tvovttJ'llSE..iI..,199"'. CITY OF MARYSVILLE ByJ}&WJ LJ&iA MAYOR A¥BY~~~ CITY CLERK Approved as to form: BY~X.WJ CITY ATTORNEY Date of Publication:11/2-0 h G Effective Date (5 days after publication):_--''-'+_-I-'--''--_