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Ordinance 3621-18
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Ordinance 3621-18
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10/9/2018 10:05:01 AM
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10/9/2018 10:04:53 AM
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Ordinances
Ordinance Number
3621-18
Date
9/5/2018
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A. In accordance with chapter 7.80 RCW, any person, with exception of a person <br /> acting with intent pursuant to subsection 31.B below, who violates a provision of this <br /> chapter shall be deemed to have committed a class 1 civil infraction with a two hundred <br /> fifty dollar($250)penalty exclusive of statutory assessments. <br /> B. Any person who intentionally violates a provision of this chapter shall be guilty of <br /> a misdemeanor, and upon conviction thereof, shall be subject to such penalties as are set <br /> forth in EMC §10.04.080 as now enacted or subsequently amended. <br /> C. For the purposes of this section, the term"intentionally" or its variants has the <br /> same meaning it receives pursuant to EMC 10.06.010.A. <br /> Section 32: Expressive Activity Special Events. <br /> A. Section 14 of this chapter shall not apply to expressive activity special <br /> events, including spontaneous events. Additionally, the following exceptions shall apply: <br /> 1. An applicant of an expressive activity special event, including a <br /> spontaneous special event, expecting fewer than one hundred (100) attendees that will <br /> comply with all traffic and safety laws and regulations, and will not require the use of <br /> city services pursuant to section 25 of this ordinance, shall notify the City Clerk prior to <br /> the expressive activity special event, but is not required to otherwise comply with this <br /> ordinance. <br /> 2. All fees and costs established pursuant to this ordinance will be <br /> waived, except costs for the use of city services pursuant to section 25 of this ordinance. <br /> 3. The applicant of an expressive activity special event may elect to <br /> comply with the insurance requirements of section 19 or provide the following <br /> indemnification: <br /> The Permit Holder, its employees, agents, and volunteers (collectively <br /> "Permit Holder") shall indemnify and hold the city its officials, officers, <br /> employees, agents, and volunteers harmless from any and all claims, <br /> damages, expenses, loss or liability for which Permit Holder is responsible <br /> under law resulting from willful or negligent acts or omissions of Permit <br /> Holder in connection with the permitted special event. <br /> 4. To receive the election in subsection A.3 above, the applicant must <br /> file with the special event application a verified statement that he or she intends the <br /> special event to be for expressive activity as defined by this ordinance, and the cost of <br /> obtaining insurance is financially burdensome and would constitute an unreasonable <br /> burden on the right of First Amendment expression. <br /> 5. Where the expressive activity special event will require temporary <br /> street closures or require the city to provide services in accordance with section 25 of this <br /> Page 20 of 27 <br />
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