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015-17 - Ordinance - POMC Chapter 5.94 Special EventsORDINANCE NO. 015-17 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING PORT ORCHARD MUNICPAL CODE CHAPTER 5.94 (SPECIAL EVENTS) TO INCLUDE POLICIES ON CITY STREET AND STATE HIGHWAY CLOSURES; PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE DATE. WHEREAS, RCW 35.21.703 states it shall be in the public purpose for all cities to engage in economic development programs; and WHEREAS, it has been determined that the city should support and endorse special events on city-owned rights-of-way (ROW) and parks when such special events are determined to be of benefit to the community; and WHEREAS, the City Council has determined that it is necessary to establish guidelines to provide reasonable supervision of any movement of persons or vehicles within the limits of the city for runs, parades, street dances, block parties, or other demonstrations or exhibitions identified as special events, for the protection of the public; and WHEREAS, over the past several years, the city has provided support to organizers of special events in the form of administrative review of applications, as well as utilization of equipment and staff during such events; and WHEREAS, the City Council recognizes that there should be policy set for closure of city streets and state highways during certain special events; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Port Orchard Municipal Code Section 5.94.020 is hereby amended to read as follows: 5.94.020 Definitions. For the purposes of this chapter, the words set forth in this section shall be defined as follows: (1) "Applicant" means the person, firm, company, nonprofit, or corporation managing, running, operating or conducting the special event and has the authority to do so. (2) "Block party" means an event that involves a one-block-long residential street closure, is not open to the public, requires no admission fee, and offers no food or beverages for sale. (3) "City Property" means land the city owns that has the capacity and capability to hold an event. Ordinance No. 015-17 Page 2 of 8 (4) "Parade" means any march or procession consisting of people, animals, bicycles, vehicles, or combination thereof, except funeral processions, upon any city street, state highway, or sidewalk which does not comply with normal and usual traffic regulations or controls. (5) "Parks" means any site owned by the city designed or developed for recreational use by the public. (6) "Permit" means a document issued by the city granting permission to engage in an activity not allowed without a permit. (7) "Right-of-way (ROW)" means any road, public parking lot, city street, highway, boulevard or place in the city open as a matter of right to public travel and shall include arterials, neighborhood streets, alleys, bicycle paths and pedestrian ways; including streets or portions thereof which are designated as portions of the state highway system. (8) "Run" means an organized procession to contend in a race consisting of people, bicycles, or other vehicular devices or combination thereof containing 50 or more persons upon a city street, state highway, or sidewalk. (9) "Special event" means any organized formation of an activity proposed to occur that affects the public's ordinary use of city property, public parks, and/or rights-of-way, including but not limited to runs, street dances, block parties, and parades. (10) "Special event permit" means a required permit for an activity requiring a permit. (11) "Street dance" means any organized formation of a dance on any public right-of-way. (12) "Tourism" means economic activity resulting from tourists, which may include sales of overnight lodging, meals, tours, gifts, or souvenirs. SECTION 2. Port Orchard Municipal Code Section 5.94.030 is hereby amended to read as follows: 5.94.030 Permit - Required. (1) No person, firm, company, nonprofit, or corporation shall run, manage, operate, or conduct any special event without having applied for and received a special event permit in advance of such special event, as required by this chapter. (2) There shall be a $50.00 nonrefundable administrative fee to process each application submitted, which is to be paid to the finance department. The fee is due upon when the application is submitted to the city clerk's office. Each application shall be for only one event. Ordinance No. 015-17 Page 3 of 8 (3) An application for a special event permit shall be filed with the city clerk's office no less than 90 calendar days, and no more than one calendar year, before the date when the proposed special event is to take place; provided there is no city street and/or state highway closure requested. When an event requires a state highway closure, the application for a special permit shall be filed with the city clerk's office no less than 120 days, and no more than one calendar year, before the date when the proposed special event is to take place. Upon City Council approval of the event, the applicant shall proceed to seek permission from the Washington State Department of Transportation (WSDOT) to close the state highway. If the special event permit application is received by the city clerk's office less than 90 calendar days, but more than 30 calendar days, in advance of the event and there are no road closure requirements, the city may expedite the application with the payment by the applicant of an additional nonrefundable administrative processing fee of $50.00. t (4) The following activities are exempted from the requirement to obtain a special event permit: (a) Funeral processions by a licensed mortuary; (b) Groups required by law to be so assembled; (c) Gatherings of less than 50 people assembled for a common purpose, unless such gathering is for the purpose of offering merchandise or services for sale or trade; or (d) Activities conducted by a governmental agency acting within the scope of its authority. SECTION 3. Port Orchard Municipal Code Section 5.94.040 is hereby amended to read as follows: 5.94.040 Application. The special event permit application shall be submitted to the city clerk's office. Such application shall state and include the following: (1) Name, organization, phone number, and address of the applicant; (2) Name of the event and the location, date and time of the event; (3) Anticipated number of exhibitors/vendors and visitors; (4) Whether an admission fee will be charged for attendees or participants; (5) Whether there will be a tent structure; (6) Whether there will be cooking done on site; Ordinance No. 015-17 Page 4 of 8 (7) A certificate of insurance with minimum amounts of commercial general liability coverage and combined single limit auto liability for bodily injury required by the city's insurer. The applicant's insurance policy shall name, by endorsement, the city of Port Orchard as an additional insured; (8) A detailed map showing the location of event routes, tents, vendors, beer gardens, exits/entrances, fire lanes, garbage cans, and restrooms/sani-can(s), signage, barricades, first aid, traffic patterns, parking, road closures/detours and other applicable event details; (9) If alcoholic beverages will be served on city property, a permit approved by the Washington State Liquor and Cannabis Board (note: you may be subject to additional insurance requirements of the city's insurance carrier); (10) If an event will be using both public and private property, the applicant shall provide written documentation to the city that the private property owner(s) have granted permission to them to use the private property for the event. (11) If the event is a parade or a run, the following additional information shall be required: (a) The exact location of any marshaling or staging areas for the parade/run; (b) The time at which units of the parade/run will begin to arrive at the staging areas and the times at which all such units will be disbursed therefrom; (c) The exact route to be traveled, including the starting point and termination point; (d) The approximate number of persons, animals, and vehicles which will constitute the parade/run, and the types of animals and descriptions of the vehicles, as applicable; (e) A statement as to whether the parade/run will occupy all or only a portion of the width of the street, roadway, or sidewalks to be used. (12) If the event requires a state highway closure, upon City Council approval of the event, the applicant must provide to the city clerk's office, no more than 45 days after submitting the application, at least one of the following three documents: 1) Event Agreement with WSDOT; 2) Letter of Acknowledgment from WSDOT; or 3) written proof that the event organizer has submitted the completed application to WSDOT. (13) As a condition to the issuance of any permit under this chapter, the applicant shall agree to defend at no cost to the city, and to indemnify and hold harmless the city, its officers, employees and agents, from any and all suits, claims or liabilities caused by or arising out of any work or use authorized by any such permit; Ordinance No. 015-17 Page 5 of 8 (14) Any other relevant information required by the city. SECTION 4. Port Orchard Municipal Code Section 5.94.050 is hereby amended to read as follows: 5.94.050 Processing application. Special event permits shall be processed as follows: (1) If a special event is proposed to be held in the same location and during the same time frame as the immediately previous year, that event's organizer will be given first priority over other special event permit applicants; provided, that this applicant notifies the clerk's office by February 1st of each year; otherwise, the special event location and time frame will be available on a first-come, first-served basis to other applicants. The remaining requirements of this chapter will still apply. (2) The city clerk's office shall route the application to the city police, finance, public works and community development departments, as well as the local fire authority, Kitsap Transit, and any other applicable outside authorities to review. Each of the above-listed departments/authorities shall provide the city clerk a written recommendation of approval (conditional or otherwise) or denial of the application based on the considerations referenced in POMC 5.94.060. (3) The city clerk's office shall notify the public of each special event proposed to allow citizens to provide written comments regarding how allowing the special event will impact their property, business or quality of life. The city clerk will consider any information provided and may deny the special event permit application if a showing is made of severe financial impact or other undue hardship on a citizen's property, business or quality of life. (4) The city clerk's office shall bring forth the application to the city council for approval when the event requires a city street or state highway closure. Exempt from this requirement are: 1) special events previously approved by the city council by resolution and 2) special events taking place in a residential area, such as block parties and the like. SECTION 5. Port Orchard Municipal Code Section 5.94.060 is hereby amended to read as follows: Standards of issuance.5.94.060 The city clerk or designee shall issue (or approve with conditions) a special event permit as provided herein upon certification from the departments/authorities listed in POMC 5.94.050 who have been consulted, based on the following considerations: (1) The applicant has provided all of the required application materials and has provided any additional documents or information requested by the city. Ordinance No. 015-17 Page 6 of 8 (2) The applicant has paid the administrative processing fee of $50.00. i (3) The proposed special event location is available because no other events are scheduled to take place at the location on that date and time or, if another event is scheduled to take place, that event organizer has provided written consent to the city clerk to allow a parallel event to take place at the same location, date, and time. -(4) The applicant is holding an event using both public and private property and has provided written documentation that the private property owners allow them to use the private property for their event. (5) The applicant has provided a copy of either an Event Agreement with WSDOT or a Letter of Acknowledgment from WSDOT, as needed. (6) The police department, fire authority, and public works department have determined the following:;i (a) The proposed event will not endanger public safety or health; (b) The proposed event will not seriously inconvenience or impair the general public's use of public property, services, or facilities; (c) The location of the proposed event will not substantially interfere with any construction or maintenance work scheduled to take place upon or along public property or right-of-way, or a previously granted encroachment permit; and (d) The proposed event is not scheduled to occur along a route or at a location adjacent to a school or class during a time when such school or class is in session, and the noise created by the activities of the event would substantially disrupt the educational activities of the school or class. (7) The city clerk received no written comments from the public demonstrating undue hardship or other substantial negative effects of the special event on their property, business or quality of life. SECTION 6. Port Orchard Municipal Code Section 5.94.080 is hereby amended to read as follows: City assistance.5.94.080 The chief of police, fire chief, and/or public works director may require any reasonable and necessary traffic control, including requiring non-city staff to serve as certified flagger(s), use of downtown parking lots, police protection and/or emergency medical services to be provided at the special event at the organizer's expense. Special events that have been exempted by the city council from personnel expenses in the form of a resolution shall not be subject to these expenses. The finance department shall notify the Ordinance No. 015-17 Page 7 of 8 applicant of the actual projected expenses related to city support of the special event and shall collect that amount prior to issuance of the permit. (1) Downtown Parking Lot Usage. Should a special event require the use of all of the downtown parking lots, as described in POMC 10.12.580 as Lots 3 and 4, commonly known as waterfront parking, for two or more consecutive weekdays, excluding federal holidays, the applicant shall compensate the city for lost revenue for the use of the parking lots. The fee shall be $300.00, plus lease excise tax, per weekday. (2) Police Protection. After obtaining as much information as the chief of police reasonably deems necessary regarding a special event permit application, he or she shall determine whether and to what extent additional police protection reasonably will be required for the special event for purposes of traffic control, crowd control, and security. In making this determination, the chief of police shall consider those factors set out in POMC 5.94.060. If additional police protection for the special event is deemed necessary by the chief of police, he or she shall notify the applicant. The applicant then shall have the duty to secure police protection acceptable to the chief of police at the sole expense of the applicant and shall prepay the expenses of such protection, as required. The fees are set by council resolution, which establishes the reimbursement rate for enhanced security expenses. The chief of police shall consider what additional personnel, equipment and supplies are needed, as well as any other items or expenses which will be necessary. (3) Fire Protection and Emergency Medical Services. (a) After receiving notification of the intended special event, the fire chief shall make a determination as to the need for on-site fire watch and/or emergency medical personnel. The fire chief shall consider such factors as the location, number of anticipated participants and spectators, and type of event, including the application of appropriate codes and ordinances. If fire watch and/or emergency medical personnel for the event are deemed necessary by the fire chief, he or she shall notify the applicant, and the applicant shall be responsible for securing fire watch/emergency medical personnel reasonably acceptable to the fire chief at the sole expense of the applicant and shall prepay the expenses of such protection. Only state-certified, licensed professional fire/emergency medical personnel shall be used for this purpose, preferably South Kitsap Fire and Rescue employees and equipment. (b) The conduct of the special event shall not introduce extraordinary hazards to fire protection and/or life safety in the immediate or adjacent areas. Ordinance 015-17 Page 8 of 8 SECTION 7. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. SECTION 8. Publication. This Ordinance shall be published by an approved summary consisting of the title. SECTION 9. Effective Date. This Ordinance shall take effect and be in full force and effect five days after publication, as provided by law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 25th day of April 2017. SO;* . - • = | • SEAL jj V&feMtsS? ATTEST: Brandy Rinearson, CMC, City Clerk APPROVED AS TO FORM:Sponsored byc\ u1dek Ashby, Councilmemberon Cates, City Attorney PUBLISHED: EFFECTIVE DATE: May 5, 2017 May 10, 2017 NOTICE OF CITY OF PORT ORCHARD ORDINANCE The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council meeting held April 25, 2017. ORDINANCE NO. 015-17 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING PORT ORCHARD MUNICPAL CODE CHAPTER 5.94 (SPECIAL EVENTS) TO INCLUDE POLICIES ON CITY STREET AND STATE HIGHWAY CLOSURES; PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE DATE. Copies of Ordinance No. 015-17 are available for review at the office of the City Clerk of the City of Port Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any interested person without charge. Thirty days after publication, copies of Ordinance No. 015-17 will be provided at a nominal charge. City of Port Orchard Brandy Rinearson City Clerk Published: Friday, May 5, 2017