026-18 - Ordinance - Amending Section 5.94.080 City AssistanceORDINANCE NO.026-18
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING
PORT ORCHARD MUNICIPAL CODE SECTION 5.94.080 ("CITY ASSISTANCE")
RELATED TO SPECIAL EVENTS; 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 5.94.080 is hereby amended to read as
follows:
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 expenses related to city support of the special event.
(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
Ordinance No. 026-18
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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.
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.
Ordinance No. 026-18
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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 215Y day of August 2018.
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Robert Putaansuu, Mayor
ATT T:
CIL
randy Rinearson, MMC, City Clerk
APPROVED AS TO FORM:
ron Cates, City Attorney
PUBLISHED: August 31, 2018
EFFECTIVE DATE: September 5, 2018
S onsored by:
Bek Ashby, ouncilmem r
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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 August 21, 2018.
ORDINANCE NO. 026-18
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING PORT ORCHARD
MUNICIPAL CODE SECTION S.94.080 ("CITY ASSISTANCE") RELATED TO SPECIAL EVENTS;
PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE DATE.
Copies of Ordinance No. 026-18 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. 026-18 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: Friday, August 31, 2018