025-21 - Ordinance - Special Events, POMC 5.94ORDINANCE NO. 025-21
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING
TO SPECIAL EVENTS; TEMPORARILY MODIFYING POMC 5.94.030(3) AND
POMC 5.94.040(12); PROVIDING FOR SEVERABILITV; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City of Port Orchard has adopted regulations for the conduct of special
events within the City, defined as 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; and
WHEREAS, the City has been in a continued state of emergency since March 2020, and
subject to restrictions established by the Governor and state and local health officials cautioning
against the conduct of special events and large gatherings; and
WHEREAS, consistent with that direction, by motion on March 16, 2021, the City Council
suspended the receipt of applications for special events due to the COVID-19 pandemic, pending
additional guidance from the Governor and health officials; and
WHEREAS, on May 13, 2021, Governor lnslee announced a statewide reopening date of
June 30, 2021, and the transition of all counties to Phase 3 of the Healthy WA: Roadmap to
Recovery reopening plan, effective May 18, 2021; and
WHEREAS, the Council desires to allow special events to be held, consistent with direction
from the Governor and public health officials, following the statewide reopening, and to
temporarily waive the time periods and rush fees set out in the POMC for events held in July,
August and September 2021; and
WHEREAS, in light ofthe Ii mited applicability of th is suspension, this Ordinance will not be
codified but will nonetheless temporarily supersede any relevant codified provisions in Chapter
5.94 POMC to the maximum extent permitted by law; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. The Mayor, City Clerk or designee are hereby authorized to accept special
event permit applications for events to be held after July 1, 2021, consistent with the statewide
reopening set to occur on June 30, 2021. In additional to all requirements set out in Chapter 5.94
POMC All event applicants shall sign an acknowledgment that:
(1) All events shall be subject to all regulations and guidance disseminated by all
federal, state and local officials pertaining to the COVID-19 pandemic that are in
effect on the date of the event; and
Ordinance No. 025-21
Page 2 of 3
{2) In the event the Governor does not reopen the state on June 30, 2021, the City
reserves the right to rescind any special event permit issued, and the applicant
waives all claims against the City arising from or relating to the rescission of the
permit; and
(3) Some special event perm its require approval by the Washington State Department
of Health, Kitsap Transit, and the South Kitsap Fire and Rescue. The City does not
control these agencies and cannot guarantee that these agencies will authorize an
event to occur on the shortened timelines set out in this Ordinance.
(4) Other than the Department of Health and Fire, the applicant shall be solely
responsible for ensuring that, prior to the event, the event has obtained all
necessary permissions from all applicable state and local agencies that govern the
proposed event, including but not limited to the Washington Department of Labor
& Industries and the Department of Transportation. The submission of an
application to the City and/or grant of a City permit does not guarantee that the
event will receive the necessary authorizations from all applicable agencies in time
to hold the event.
SECTION 2. For events occurring in July, August and September 2021, the City Council
authorizes the temporary suspension of the time lines and fees set out in POMC 5.94.030, provided:
All applications for a special event permit for an event occurring in July, August or
September 2021 shall be filed with the City Clerk's office no less than thirty {30) calendar
days prior to the date the proposed special event is to take place. Provided the application
is timely filed with the City Clerk's office, the applicant shall not be required to pay the
additional nonrefundable administrative processing fee of $50. All applicants shall still be
charged the $50 nonrefundable administrative fee set out in POMC 5.94.030(2).
SECTION 3. The 45-day requirement set out in 5.94.040(12) is temporarily suspended for
events occurring in July, August and September 2021, consistent with the above. The required
documentation shall be submitted with the application.
SECTION 4. 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 5. This ordinance shall be in full force five days after posting and publication as
required by law. A summary of this ordinance may be published in lieu of publishing the ordinance
in its entirety.
Ordinance No. 025-21
Page 3 of 3
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 May 2021.
ATTEST:
Br~yClerk-
APPROVED AS TO FORM:
Uc~
Charlotte A. Archer, City Attorney
PUBLISHED: May 28, 2021
EFFECTIVE DATE: June 2, 2021
Robert Putaansuu, Mayor