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053-21 - Ordinance - Amending Chapter 5.94 Special EventsORDINANCE NO. 053-21 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO SPECIAL EVENTS; AMENDING PORT ORCHARD MUNICIPAL CODE SECTIONS 5.94.030, 5.94.040, 5.94.050, 5.94.060, AND 5.94.080; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Port Orchard encourages special events within the City to foster community; and WHEREAS, at Chapter 5.94 of the Port Orchard Municipal Code (POMC), the City maintains procedures for special events to facilitate their occurrence while also addressing the impacts events may have, in further protection of the public's health, safety and welfare; and WHEREAS, the City Council requested staff audit Chapter 5.94 POMC to update the regulations where necessary to respond to evolving impacts; and WHEREAS, staff proposed amendments to provisions to address evolving impacts of special events, including but not limited to multi -day events, extended street closures, and public health issues; and WHEREAS, the City Council finds that the amendments herein balance the goal of encouraging special events to foster community with addressing impacts from such events, are consistent with goals and policies of the City's Comprehensive Plan and related regulations, and serve the public health, safety, and general welfare of the citizens of Port Orchard; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Port Orchard Municipal Code 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. (3) A complete application for a special event permit for an event that does not require the closure of any street or highway shall be filed with the city clerk's office no less than 90 calendar Ordinance No. 053-21 Page 2 of 7 days, and no more than one calendar year, before the date when the proposed special event is to take place. (4) For an event that requires city street or a state highway closure, a complete 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. All events requiring street or highway closure shall be submitted to the City Council for approval. For an event that requires state highway closure, if the City Council approves of the event the applicant shall proceed to seek permission from the Washington State Department of Transportation (WSDOT) to close the state highway, and the applicant shall provide proof of WSDOT permission to the City Clerk upon receipt from WSDOT and in advance of the event as set out in POMC 5.94.040. SECTION 2. Port Orchard Municipal Code 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, including estimated peak attendance; (4) Whether an admission fee will be charged for attendees or participants; (5) Whether there will be temporary structures, tents, and trucks; (6) Whether there will be cooking done on -site, including evidence of Department of Public Health approval; (7) A certificate of insurance with minimum amounts of commercial general liability coverage and combined single limit auto liabilityfor bodily injury required bythe 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 adequate restrooms/sani-can(s) and adequate Ordinance No. 053-21 Page 3 of 7 handwashing stations, signage, barricades, first aid, traffic patterns, parking, requested 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); and (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; and (11) Written confirmation of procurement of adequate sanitation facilities for the event (recommended by FEMA); and (12) 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; (13) 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: (a) event agreement with WSDOT; (b) letter of acknowledgment from WSDOT; or (c) written proof that the event organizer has submitted the completed application to WSDOT; (14) An acknowledgment that the Police Department, consistent with POMC 5.94.080, will utilize the information provided by the applicant to develop a Public Safety Plan for the event, which may require the applicant to contract with vendors to ensure FEMA-recommended standards pertaining to aid, emergency services, and security are met, based on estimated total attendance; (15) As a condition to the issuance of any permit under this chapter, the applicant shall execute an acknowledgment agreeing 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. 053-21 Page 4 of 7 (16) Any other relevant information required by the city. SECTION 3. Port Orchard Municipal Code 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 submits a completed application to 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. SECTION 4. Port Orchard Municipal Code 5.94.060 is hereby amended to read as follows: 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 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. 053-21 Page 5 of 7 (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 applicant has received City Council approval for a street or highway closure, and for a highway closure, 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: (a) The proposed event will not endanger public safety or health, with necessary public safety and traffic control provisions; (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 4. Port Orchard Municipal Code 5.94.080 is hereby amended to read as follows: 5.94.080 City assistance. Ordinance No. 053-21 Page 6 of 7 The chief of police, fire chief, and/or public works director may require necessary public safety and traffic control, including but not limited to requiring certified flagger(s), use of downtown parking lots, police protection and/oremergency medical servicesto be provided atthe 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 expenses for city support. The finance department shall notify all applicants of the actual expenses related to city support of the special event. (1) Downtown Parking Lot Usage. No special event may utilize 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 days without City Council approval. Should a special event request the use of all or a portion of the downtown parking lots, as described in POMC 10.12.580 as Lots 3 and 4, during a weekday, excluding federal holidays, and the city grants the request, the applicant shall compensate the city for lost revenue for the use of the parking lots. The fee shall be set by resolution of the City Council. (2) Police Services 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 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. Ordinance No. 053-21 Page 7 of 7 (b) The conduct of the special event shall not introduce hazards to fire protection and/or life safety in the immediate or adjacent areas. SECTION 5. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION 6. This ordinance shall be posted and published as required by law, and shall be effective and in full force five (5) days following publication. A summary of this ordinance may be published in lieu of publishing the ordinance in its entirety. 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 26th day of October 2021. ATTEST: Bran y Rinearson, MMC, City Clerk APPROVED AS TO FORM: Charlotte A. Archer, City Attorney PUBLISHED: October 29, 2021 EFFECTIVE DATE: November 3, 2021 Robert Putaansuu, Mayor SPONSOR: 44-L 41�� - — ek Ashby, Councilmember