041-16 - Ordinance - Creating New POMC Chapter 5.94 Special EventsORDINANCE NO.041-16
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, CREATING A NEW
CHAPTER IN THE PORT ORCHARD MUNICPAL CODE, CHAPTER 5.94 SPECIAL EVENTS,
AND ESTABLISHING 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 the city resources needed to process and review a
special event permit application will require a special event permit applicant to submit an administrative
processing fee and provide 90 days' notice of an event and 180 days' notice of an event that has a road
closure requirement; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION 1. A new Chapter 5.94 is hereby created as follows:
Chapter 5.94
Special Events
Sections:
5.94.010 Purpose and intent.
5.94.020 Definitions.
5.94.030 Permit — Required.
5.94.040 Application.
5.94.050 Processing Application.
5.94.060 Standards of Issuance.
5.94.070 Revocation of Permit.
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5.94.080 City Assistance.
5.94.090 Event Signage.
5.94.100 Notice of Rejection.
5.94.110 Appeal Procedure.
5.94.120 Violation — Penalty.
5.94.010 Purpose and intent.
The intent of this chapter is to recognize the impact that special events have on the availability of
city services and to provide procedures to allow the events, but to protect the public's health,
safety, and welfare. This chapter is not to override any constitutional rights of the public to
exercise their free speech or other rights under the United States Constitution.
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, non-profit, 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) "Parade" means any march or procession consisting of people, animals, bicycles, vehicles, or
combination thereof, except funeral processions, upon any public street or sidewalk which does
not comply with normal and usual traffic regulations or controls.
(4) "Parks" means any site owned by the city designed or developed for recreational use by the
public.
(5) "Permit" means a document issued by the city granting permission to engage in an activity not
allowed without a permit.
(6) "Right -of -Way (ROW)" means any road, public parking lot, 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.
(7) "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 public
street or sidewalk.
(8) "Special event" means any organized formation of an activity proposed to occur that affects
the public's ordinary use of public parks and right-of-ways, including but not limited to runs, street
dances, block parties, and parades.
(9) "Special event permit" means a required permit for an activity requiring a permit.
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(10) "Street dance" means any organized formation of a dance on any public right-of-way.
(11) "Tourism" means economic activity resulting from tourists, which may include sales of
overnight lodging, meals, tours, gifts, or souvenirs.
5.94.030 Permit — Required.
(1) No person, firm, company, non-profit, 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 non-refundable 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.
(3) An application for a special event permit shall be filed with the city clerk's office no less than
90 calendar days, nor more than one calendar year, before the date when the proposed special
event is to take place. 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 non-refundable administrative processing fee of $50.00.
(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.
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 onsite;
(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;
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(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 the event is a parade or a run, the following additional information shall be required:
(a) the exact location of any marshalling 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.
(11) 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;
(12) Any other relevant information required by the city.
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
timeframe 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 timeframe 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, the Washington
State Department of Transportation, 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 Section 5.94.060 of the POMC.
(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.
5.94.060 Standards of Issuance.
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 Section 5.94.050
who have been consulted, based on the following considerations:
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(1) The applicant has provided all of the required application materials and has provided any
additional documents or information requested by the city.
(2) The applicant has paid the administrative processing fee of $50.00.
(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 police department, fire authority, and public works department have determined the
following:
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.
(6) 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.
5.94.070 Revocation of Permit.
The chief of police, fire chief, or public works director, or their designated representatives, shall
have the authority to revoke a permit issued hereunder instantly upon violation of any one (1)
or more of the code ordinances or conditions or standards of issuance as herein set forth.
5.94.080 City Assistance.
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 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 POW
10.12.580 as Lots 3 and 4, commonly known as waterfront parking, for two (2) 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, plus lease excise tax, per weekday.
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(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 subsection 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 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 & 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.
5.94.090 Event Signage.
Event signage must comply with Section 16.65.160 of the POMC.
5.94.100 Notice of rejection.
Should the application be denied, the city clerk shall notify the applicant by personal
delivery or certified mail within seven (7) working days of the denial. This notification shall
include the reasons for the denial of the permit, and shall advise the applicant of the appeal
procedure.
5.94.110 Appeal Procedure.
Any applicant aggrieved shall have the right to appeal the denial of a permit, or
revocation of a permit under Section 5.94.070 POMC, to the city council. The appeal
shall be submitted by the applicant within five (5) days after receipt of the notice of
denial by filing a written notice of a p p e a I with the city clerk. The city clerk shall place
the appeal on the next available agenda for city council consideration.
Ordinance No. 041-16
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5.94.120 Violation — Penalty.
A violation of any portion of this chapter shall constitute a class 2 civil infraction and be
enforced under Chapter 7.80 RCW.
Section 2. 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 3. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
Section 4. 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 22"d day of November 2016.
Robert Putaansuu;`IVIayQfP/hy,,,
ATTEST:
01.
Brandy Rinearson, CIVIC, City Clerk _ co13
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APPROVED AS TO FORM: Sponsored by: b°F°
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ron Cates, City Attorney Bek Ashby, Councilmemb
PUBLISHED: December 2, 2016
EFFECTIVE DATE: December 7, 2016
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 November 22, 2016.
ORDINANCE NO.041-16
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, CREATING A
NEW CHAPTER IN THE PORT ORCHARD MUNICPAL CODE, CHAPTER 5.94
SPECIAL EVENTS, AND ESTABLISHING AN EFFECTIVE DATE
Copies of Ordinance No. 041-16 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. 041-16 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: Friday, December 2nd, 2016