HomeMy WebLinkAboutO-2901 - Repeals and replaces Ch. 5.46, special events (5.46)CITY OF MARYSVILLE
Marysville, Washington
ORDINANCE NO. 2901
AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON
REPEALING CHAPTER 5.46 AND ADOPTING A NEW CHAPTER 5.46
SPECIAL EVENTS DEFINING SPECIAL EVENTS AND ESTABLISHING
PERMIT PROCEDURES
WHEREAS, the City Council of the City of Marysville finds that from time to time it is
necessary and appropriate to review and revise provisions of the City's municipal code; 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, at a public meeting on July 9, 2012, the Marysville City Council reviewed
and considered and proposed repealing Chapter 5.46 and adopting a new Chapter 5.46 regarding
special event permitting; and
WHEREAS, the City council finds that it is in the best interest of the community to
adopt new Chapter 5.46 regulating the issuance of special event permits conducted in whole or in
part upon publicly owned property or public rights-of-way, or ifheld wholly upon private
property, will nevertheless affect or impact ordinary and normal use by the general public or
public rights-of-way within the vicinity of such event.
THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON DO
ORDAIN AS FOLLOWS:
Section 1. Chapter 5.46 'Special Events' is adopted to read as follows:
Chapter 5.46
SPECIAL EVENTS
Sections:
5.46.010 Definitions.
5.46.020 Special event permit reqUired.
5.46.025 Exceptions to special event requirement.
5.46.030 Permit application.
5.46.040 Approval.
5.46.050 Fees.
5.46.060 Departmental analysis.
5.46.070 Insurance required.
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5.46.080 Denial of permit.
5.46.090 Appeal.
5.46.100 Sanitation.
5.46.110 Revocation of special event permit.
5.46.120 Cost recovery for unlawful special event.
5.46.130 Expressive activity special event.
5.46.010 Definitions.
Terms used in this chapter shall have the following meanings:
(1)" "Demonstration" means a public display of group opinion as by a rally or march, the
principal purpose of which is expressive activity.
(2) "Event organizer" means any person who conducts, manages, promotes, organizes, aids, or
solicits attendance at a special event.
(3) "Event management company" means an entity with expertise in managing special events.
(4) "Expressive activity" includes conduct for which the sale or principal object is expression,
dissemination, or communication by verbal, visual, literary, or auditory means of political or
religious opinion, views, or ideas and for which no fee or donation is charged or required as a
condition of participation in or attendance at such activity. For purposes of this chapter,
expressive activity does not include sports events, including marathons, fundraising events, or
events the principal purpose of which is entertainment.
(5) "Gross revenues" means the sum of all revenues received by an event organizer for a
special event including, but not limited to, cash receipts, licensing, sponsorships, television,
advertising and similar revenues, and concessions.
(6) "March" means an organized walk or event whose principal purpose is expressive activity in
service of a public cause.
(7) "Noncommercial special event" means any special event organized and conducted by a
person or entity that qualifies as a tax-exempt nonprofit organization, or a special event whose
principal purpose is expressive activity.
(8) "Rally" means a gathering whose principal purpose is expressive activity, especially one
intended to inspire enthusiasm for a cause.
(9) "Sidewalk" means that portion of a right-of-way, other than the roadway, set apart by
curbs, barriers, markings, or other delineation for pedestrian travel.
(10) "Sign" means any sign, pennant, flag, banner, inflatable display, or other attention-seeking
device.
(11) "Special event" means any fair, show, parade, run/walk, festival, or other publicly
attended entertainment or celebration which is to be held in whole or in part upon publicly
owned property or public rights-of-way, or if held wholly upon private property, will
nevertheless affect or impact the ordinary and normal use by the general public or public
rights-of-way within the vicinty of such event.
(12) "Special event permit" means a permit issued under this chapter.
(13) "Special permit venue" means that area for which a special event permit has been issued.
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(14) "Street" means any place that is publicly maintained and open to use of the public for
purposes of vehicular traffic, including highways.
(15) "Tax-exempt nonprofit organization" means an organization that is exempted from
payment of income taxes by federal or state law and has been in existence for a minimum of six
months preceding the date of application for a special event permit.
(16) "Vendor" means any person who sells or offers to sell any goods, food, or beverages within
a special event venue.
5.46.020 Special event permit required.
(1) Except as provided elsewhere in the chapter, any person or entity who conducts,
promotes, or manages a special event shall first obtain a special event permit from the city of
Marysville.
5.46.025 Exceptions to special event permit requirement.
(1) Although not required to be issued a special event permit, an event organizer of an activity
exempted from this chapter is required to comply with all local, state and federal laws and
regulations governing public safety or health.
(2) The following activities are exempt from obtaining a special event permit:
(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 Marysville. An internal
review process will be conducted for these events;
(b) 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 safety services;
(b) Funeral and wedding processions on private properties;
(c) Groups required by law to be so assembled;
(d) Gatherings of 100 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;
(e) Temporary sales conducted by businesses, such as holiday sales, grand opening
sales, anniversary sales, or single event (one day only) concession stands;
(f) Garage sales ,rummage sales, lemonade stands, and car washes;
(g) Activities conducted by a governmental agency acting within the scope of its
authority;
(h) Lawful picketing on sidewalks;
(i) Block parties located entirely on private property when not requesting a street
closure, and not inviting others from outside the neighborhood;
(j) Annual Strawberry Festival which is governed by Chapter 5.48 MMC; and
(k) Other similar events and activities which do not directly affect or use city services or
property;
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5.46.030 Permit application.
(1) An application for a special event permit can be obtained at the office of the Community
Development and will be completed and submitted to the Community Development Director
and/or designee no later than 60 days prior to the proposed event. A completed application
does not constitute approval of the permit.
(2) A waiver of application deadline shall be granted upon a showing of good cause or at the
discretion of the Community Development Director and/or designee. The Community
Development Director and/or designee 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
expressive activity.
(3) The following information shall be provided on the special event permit application:
(a) The name, address, fax, cell, day of event contact #, email address, and office
telephone number of the applicant;
(b) A certification that the applicant will be financially responsible for any city fees or
costs that may be imposed for the special event;
(c) The name, address, fax, cell, email address and telephone number of the event
organizer, if any, and the chief officer of the event organizer, if any;
(d) A list of emergency contacts that will be in effect during the event, and the event
web address, if any; and
(e) If the special event is designed to be held by, on behalf of, or for any organization
other than the applicant, the applicant for special event permit shall file a signed,
written communication from such organization:
i. Authorizing the applicant to apply for the special event permit on its
behalf;
ii. Certifying that the applicant will be financially responsible for any costs
or fees that may be imposed for the special event; and
iii. Attached to which shall be a copy of the tax exemption letter issued for
any applicant claiming to be a tax-exempt nonprofit organization;
(f) All permit applications shall include:
i. A statement of the purpose of the special event;
ii. A statement of fees to be charged for the special event, including
admissions tax documentation;
iii. The proposed location of the special event;
iv. Dates and times when the special event is to be conducted;
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v. The approximate times when assembly for, and disbanding of, the special
event is to take place;
vi. The proposed locations of the assembly or production area;
vii. The specific proposed site or route, including a map and written narative
of the route;
viii. The proposed site of any reviewing stands and/or vending areas;
ix. The proposed site for any disbanding area;
x. Proposed alternative routes, sites or times, where applicable;
xi. The approximate number of persons, animals, vehicles that will
constitute the special event;
xii. The kinds of animals anticipated to be part of the special event;
xiii. A description of the types of vehicles to be used in the special event;
xiv. The number of bands or other musical units and the nature of any
equipment to be used to produce sounds or noise;
xv. The number and location of potable sanitation facilities;
xvi. Other equipment or services necessary to conduct the special event with
due regard for participant and public health and safety;
xvii. The number of persons proposed or required to monitor or facilitate the
special event and provide spectator or participant control and direction
for special events using city streets, Sidewalks, or facilities -including use
of public or private law enforcement personnel;
xviii. Provisions for first aid or emergency medical services, or both, based on
special event risk factors;
xix. Insurance and surety bond information;
xx. Any special or unusual requirements that may be imposed or created by
virtue of the proposed special event activity;
xxi. The marketing plan with proposed timelines associated with marketing
the activity to the general public;
xxii. Event timeline documenting activities from event set-up to event tear
down; Parking areas;
xxiii. Identify City assistance being requested; and
xxiv. Any other information required by the City.
5.46.040 Approval.
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:
(1) 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
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works, parks and recreation, fire, streets, sanitation, and Community Development Director
departments.
(2) 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.
(3) The city council will be notified of all special event approvals made by the city staff.
(4) If permits and/or coordination is required from other agencies, Le., Community Transit,
Department of Transportation, Snohomish Health District, etc., these must be submitted prior
to the issuance of the permit.
5.46.050 Fees.
There will be a $100.00 nonrefundable application fee for a special event permit.
5.46.060 Departmental analysis.
(1) The Community Development Director or designee will send copies of special event permit
applications to all pertinent city departments and/or outside agencies when deemed necessary
for review and determination of services required.
(2) 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.
(3) Cost of city services, Le., 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.
5.46.070 Insurance required.
Except as otherwise provided in this chapter, the applicant is required to obtain and present
evidence of comprehensive liability insurance naming the city of Marysville, its officials, officers,
employees and agents as additional insured for use of streets, public rights of way and publicly
owned property such as parks. The insurance policy shall be written on an occurrence basis and
shall provide a minimum covergae of $1,000,000 for individual incidents, $2,000,000 aggregate,
per event, against all claims arising from permits issued pursuant to this chapter. The insurance
policy period shall be for a period not less than twenty-four (24) hours prior to the event and
extending for a period of not less than twenty-four (24) hours following completion of the
event. In circumstances presenting a significantly high risk of liability the city may, in its
discretion, increase the minimum insurance requirements, and in circumstances presenting a
significantly low risl of liability, the city may in its discretion reduce the minimum insurance
requirements.
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5.46.080 Denial of permit.
Reasons for denial of a special event permit include, but are not limited to:
(1) The event will disrupt traffic within the city of Marysville beyond practical solution;
(2) 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;
(3) The event will interfere with access to emergency services;
(4) The location or time of the special event will cause undue hardship or excessive noise levels
to adjacent businesses or residents;
(5) The event will require the diversion of so many city employees that it would unreasonably
affect other city services;
(6) The application contains incomplete or false information;
(7) The applicant fails to provide proof of insurance;
(8) The applicant fails to obtain a city business license and/or fails to pay the special event
permit fee and/or the applicant has failed to pay all fees due from previous special events;
(9) The applicant failed to provide proof of sufficient monitors for crowed control and safety at
least one week prior to the event;
(10) The applicant has failed to provide proof of sufficient on or off-site parking or shuttle
services, or both, when required, to minimize any substantial adverse impacts on general
parking and traffic circulation in the vicinity of the special event;
(11) The applicant has failed to conduct a previously authorized or exempted special event in
accordance with law and/or the terms of a permit;
(12) The special event application conflicts with permits issued on same date and location
creating hardship or financial burden to already permitted events;
(13) The applicant does not meet current zoning requirements;
(14) The applicant fails to obtain local, county, state and federal permits as required.
(15) The City reasonably determines that the proposed special event conflicts with an already
approved special event scheduled for same date(s).
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5,46.090 Appeal.
The applicant has the right to appeal any denial or revocation of a special events permit to the
city council. An appeal shall be made in writing, shall specify the grounds of the appeal, shall
have supporting documentation attached, and it shall be filed with the Community
Development Director within seven (7) calendar days of the date of the written denial or
revocation.
5,46.100 Sanitation.
(1) 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. 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.
(2) 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.
5,46.110 Revocation of special event permit.
(1) Any special event permit issued pursuant to this chapter is subject to revocation, pursuant
to this section.
(2) A special event permit may be revoked if the City determines:
(a) That the special event cannot be conducted without violating the provisions of this
chapter and/or conditions for the special event permit issuance;
(b) The special event is being conducted in violation of the provisions of this chapter
and/or any condition of the special event permit;
(c) The special event poses a threat to health or safety;
(d) The event organizer or any person associated with the special event has failed to
obtain any other permit required pursuant to the provisions of this chapter;
(e) The special event permit was issued in error or contrary to law;
(f) The applicant has not paid all fees when due; or
(g) The applicant has failed to provide confirmation or proof that it has obtained the
minimum number of required volunteers to perform safety functions;
(3) Except as provided in this section, notices of revocation shall be in writing and specifically
set forth the reasons for the revocation.
(4) If there is an emergency requiring immediate revocation of a special event permit, the City
may notify the permit holder verbally of the revocation.
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5.46.120 Cost recovery for unlawful special event.
Whenever a special event is conducted without a special event permit when one is required or
is conducted in violation of the terms of an issued special event permit, the event organizer
shall be responsible for, and the city shall charge the event organizer for, all costs incurred as a
result of the adverse impacts of the special event or the violation of the special event permit.
5.46.130 Expressive activity special event.
When a special event permit is sought for an expressive activity such as a demonstration, rally,
or march as defined in this chapter, the following exceptions shall apply:
(1) Where the special event will not require temporary street closures, cost recovery pursuant
to Section 5.46.050 shall be limited solely to a fee based on the cost of processing the permit
application.
(2) The insurance requirement of Section 5.46.070 shall be waived; provided, that the event
organizer has filed with the application a verified statement that he or she intends the special
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 right of
First Amendment expression. The verified statement shall include the name and address of one
insurance broker or other souce for insurance coverage contacted to determin premium rates
for coverage.
(3) Where the special event will require temporary street closures and anyone or more of the
conditions of subsection (4) of this section are present requiring the city to provide services in
the interest of public health, safety, and welfare, the special event coordinator may condition
the issuance of the special event permit upon payment of actual, direct costs incurred by the
city to a maximum of five hundred dollars. Any fee schedule adopted by the city shall contain a
provision for waiver of, or a sliding scale for payment of, fees for city services, including police
costs, on the basis of ability to pay.
(4) The city may deny a special event permit for a demonstration, rally or march if:
(a) The special event will substantially interrupt public transportation or other vehicular
and pedestrian traffic in the area of its route;
(b) The special event will cause an irresolvable conflict with construction or
development in the public right-of-way or at a public facility;
(c) The special event will block traffic lanes or close streets during peak commuter hours
on weekdays between seven a.m. to nine a.m. and four p.m. to six p.m. on streets
designated as arterials by the city's public works department.
(d) The special event will require the diversion of police employees from their normal
duties;
(e) The concentration of persons, animals, or vehicles will unduly interfere with the
movement of police, fire, ambulance, and other emergency vehicles on the streets;
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(f) The special event will substantially interfere with another special event for which a
permit has already been granted or with the provision of city services in support of
other scheduled special events; or
(g) The special event will have significant adverse impact upon residential or business
access and traffic circulation in the same general venue.
(5) With regard to the permitting of expressive activity special events where the provisions of
this section conflict with the provisions in any other section of this chapter, the provisions of
this section shall prevail.
5.46.140 Penalties for violation.
(l) Violations of, or failure to comply with, any provision of this chapter, shall constitute a civil
infraction and any person found to have violated any provision of this chapter is punishable by
a monetary penalty of not more than $250.00 for each such violation. Each day that a violation
continues shall constitute a new and separate infraction.
(2) The imposition of a penalty for violation of this chapter shall be in addition to any other
penalties provided for in any other ordinances of the city or any other ordinances or laws
applicable to the violation.
(3) Any permit fee or penalty which is delinquent or unpaid shall constitute a debt to the city
and may be collected by a court proceeding in the same manner as any other debt in like
amount, which remedy shall be in addition to all other existing remedies.
Section 2. Severability. If any section, subsection, sentence, clause, phrase or work of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection,
sentence, clause, phrase or word of this ordinance.
PASSED by the City Council and APPROVED by the Mayor this 9th day of July, 2012.
CITY OF MARYSVILLE
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By:
JON
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APRIL O'BRIEN, DEPUTY CITY CLERK
Approved as to form:
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By: ~J0f)!Jp\)
GRANT K. WEED, CITY ATTORNEY
Date of Publication: Jv. \~ \?) I J.D \2
Effective Date: Z. S Z.)I L ublicatio~)
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