HomeMy WebLinkAboutOrdinance 3621-18 EVE/7
ORDINANCE NO. 3621-18
AN ORDINANCE Regulating Special Events and Repealing Ordinance 461-77
(chapter 46.24 EMC).
Whereas, special events promote cultural enrichment, economic vitality, and
community identity and pride; and
Whereas, the City Council recognizes the substantial community benefits that
result from special events; and
Whereas, special events may interfere with normal use of city streets and
property and utilize city services for traffic control, security, and health and safety; and
Whereas, the City Council finds that it is appropriate to provide forth e
permitting of special events to acknowledge the benefit of special events in Everett, while
continuing to provide for the general health, safety, and welfare of the public; and
Whereas,the City Council finds that it is appropriate to allow for lawful
exceptions for expressive activity protected by the First Amendment; and
Whereas, attached hereto as Exhibit A is the Administrative Policy establishing
the City's procedures for managing the Special Events permitting process;
NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN:
Section 1: Application and Use of Ordinance-Expressive Activity Special
Events
A. This ordinance regulates special events on or using city right-of-way or
other city-owned property, except city parks. A special event conducted on or
exclusively using a city park is regulated pursuant to chapter 9.06 EMC.
B. An expressive activity special event, as defined in section 3 of this
Ordinance, is regulated pursuant to section 32 of this Ordinance.
Section 2: Purpose.
Page 1 of 28
It is the policy of the City of Everett, as implemented through this code and any
procedures adopted hereunder, to recognize the substantial community benefits that result
from special events. These events enhance cultural enrichment, promote economic
vitality, and enhance community identity and pride. Therefore, the city will provide for
the issuance of special event permits to regulate events on the public right-of-ways or
public property of the city, in the interest of public health, safety and welfare; and to
provide for fees, charges, and procedures required to administer the permit process.
Section 3: Definitions.
As used in this chapter, the following terms shall have the meaning set forth
below:
"City Clerk"means the City Clerk for the City of Everett, or designee.
"City"means the City of Everett.
"City-owned property" means all property owned or controlled by the city and
open in whole or part to the general public.
"Event organizer" means any person who conducts, manages, promotes,
organizes, aids, or solicits attendance for a special event. An event organizer is also
considered an applicant for the purpose of this ordinance.
"Everett Municipal Code"or"EMC"means the Everett Municipal Code as now
enacted or subsequently amended.
"Expressive activity" means a type of special event in which the sole or principal
object of the conduct is expression, dissemination or communication by verbal, visual,
literary, or auditory means of opinion, views or ideas, for which no fee or donation is
charged or required as a condition of participation in or attendance at such activity. For
purposes of this chapter, expressive activity does not include events allowing the offer for
sale of goods or services or other exchange of money, the consumption of alcohol or
cannabis, fundraising events, sports events, or events the principal purpose of which is
entertainment.
"Large special event" means a special event expecting one hundred (100) or more
attendees, including, without limitation,the applicant, its employees, contractors, or
agents.
"Neighborhood Block Party"means a special event for residents of a
neighborhood lasting one day, with a defined beginning and end time that requires the
closure of a city street.
"Right-of-way" means land which by deed, conveyance, agreement, easement,
dedication, usage, or process of law is reserved for or dedicated to the general public for
Page 2 of 28
street, highway, alley, public utility, or pedestrian walkway purposes, whether or not the
land has been improved or accepted for maintenance by the city.
"Sign" means any sign as defined by chapter 19.04 EMC.
"Small special event" means a special event expecting fewer than one hundred
(100) attendees, including the applicant, its employees, contractors, or agents.
"Special event"means:
1. Any organized formation, parade, procession, or assembly consisting of
twenty-five (25) or more persons, or any number of persons if traveling in unison on any
right-of-way in a manner that does not comply with current traffic regulations or controls,
or will result in obstruction of sidewalks or other designated pedestrian paths in a manner
that pedestrians not attending the special event will not be able to use the sidewalk or will
likely be pushed onto the street adjacent to the portion of the sidewalk being used by
event attendees for more than thirty(30) minutes to circumvent the special event, or will
impact or request the provision of governmental services in response thereto; or
2. Any other organized activity consisting of twenty-five (25) or more
persons conducted for a common or collective use, purpose, or benefit that involves the
use of another city-owned property or facility, or any other organized activity consisting
of any number of persons conducted for a common or collective use, purpose, or benefit
that is likely to interfere with the ordinary use of city-owned property or facility or will
impact or request the provision of governmental services in response thereto.
Examples of special events includes concerts, parades, circuses, fairs, festivals,
community events, fund-raising events, private parties, neighborhood block parties,
promotional events, mass participation sports (such as marathons and running events,
bicycle races or tours, tournaments), or spectator sports (such as football, basketball and
baseball games, golf tournaments, or vehicle or boat races).
"Special event permit" means a permit issued pursuant this chapter.
"Special event venue" means that area for which a special event permit has been
issued, which may include private property, with permission of the property owner, that
is used in conjunction with right-of-way or city-owned property subject to the special
event permit.
"Spontaneous special event"means a special event involving expressive activity
resulting or occasioned by news or affairs coming into public knowledge within five (5)
business days of such special event.
"Vendor" means any person who sells or offers to sell any goods, food, or
beverages within a special event venue.
Page 3 of 28
Section 4: Special event permit required; authority of City Clerk.
A. Except as provided elsewhere in this chapter, no person shall conduct, or
manage a special event without a special event permit issued by the city.
B. The City Clerk, in coordination with other city departments as needed, is
authorized to:
1. Issue, deny, or revoke permits for special events occurring within
the city, pursuant to the procedures established in this chapter.
2. Determine the special event venue, including the setting of
reasonable boundaries for the special event venue, balancing the special event
requirements, and public health, safety, and welfare.
3. Set conditions for the special event.
4. Establish a special event permit fee, and damage and security
deposits,to be paid by applicant prior to the issuance of a special event permit.
Section 5: Fees and charges
A. Base permit fee schedule effective through December 31, 2018, is:
Special Event Type Base Permit Fee
Amount
Neighborhood Block Party No Fee Required
Fewer than 100 estimated participants $100
100 or more estimated participants $250
Expressive Activities No Fee Required
Spontaneous Events No Fee Required
B. The fees above will be adjusted effective January 1st of each year to
reflect the current published annual change in the Seattle/Tacoma/Bremerton Consumer
Price Index for all urban consumers (CPI-U), rounded to the nearest whole dollar.
C. Additional fees may include park department user fees, licensing fees, or
fees associated with permit conditions, including, without limitation,the use of city
services for first aid, security,traffic control, or other purpose. Such fees are in addition
to the above fee schedule and are the sole responsibility of the applicant.
D. When Payable. Fees assessed from the permit fee schedule must be paid
prior to or upon the issuance of the special event permit, but in no case later than ten(10)
business days prior to the date of the special event.
Page 4 of 28
E. Refund. Fees charged from the fee schedule are refundable if the special
event is canceled after the permit is issued and written notice is received by the City
Clerk's Office fifteen(15) days prior to the date of the event.
Section 6: Time for filing application for special event permit.
A. Except as shorter timeframes are authorized in section 32 for expressive
activity special events and spontaneous special events, a completed application for a
special event permit shall be filed with the City Clerk's Office pursuant to the following
schedule:
1. Neighborhood block parties. Not less than thirty (30) calendar
days before the proposed event.
2. Small special events. Not less than sixty (60) calendar days before
the proposed event.
3. Large special events. Not less than ninety (90) calendar days
before the proposed event.
B. An application may not be submitted more than eighteen(18) months in
advance of the proposed special event.
C. Upon good cause shown and provided that no risk or burden to the city
ensues, the Mayor or the Mayor's designee has discretion to allow a later filing.
D. Notwithstanding the language in subsection 6.C. above, any applicant who
files a complete application after the deadlines set for small and large special events in
subsection 6.A above will be subject to a late filing fee of fifty percent(50%) of the
permit fee established in section 5 of this ordinance. An application for a neighborhood
block party filed after the deadline set in subsection 6.A. will be subject to a late filing
fee of ten($10) dollars. The late filing fee is due at the time the application is filed, and
the application will not be accepted without such payment.
Section 7: Exemptions from the special event permit requirement.
A. Although not required to be issued a special event permit, an event
organizer of an activity exempted from this chapter is required to comply with all other
applicable local, state, and federal laws. Regulations and exemptions related to expressive
activity events are set forth in section 32 of this ordinance.
B. Nothing in this chapter shall be construed to abrogate or limit the authority
and jurisdiction of the city to enforce any other provisions of the EMC.
C. The following activities are exempt from having to obtain a special event
permit pursuant to this chapter:
Page 5 of 28
1. Special events in the public right-of-way or sidewalks, streets, or
city-owned property that are contracted for or conducted in full by the city.
2. Funeral processions by licensed mortuaries.
3. Temporary sales conducted by businesses, such as holiday sales,
grand opening sales, sidewalk sales, or anniversary sales.
4. Garage sales, rummage sales, lemonade stands, car washes, and
similar events that:
a. Are sponsored by individuals or non-profit entities;
b. Do not disrupt traffic;
c. Do not involve the consumption of alcohol or cannabis; and
d. Do not last longer than two (2) consecutive days.
5. Governmental functions conducted by a governmental
agency acting within the scope of its authority.
Section 8: City department approvals required.
A. The following city departments are assigned customer service and/or approval
roles in the Special Events permit process:
1. The Cultural Arts Division of the Parks Department serves as the
primary liaison to event organizers to provide technical expertise and
assist event organizers in completing the Special Events Permit
process.
2. The Fire Department reviews and approves permit applications for
public safety issues related to fire and emergency services, including
site inspections as necessary.
3. The Neighborhoods Office provides information and guidance for
neighborhood block parties.
4. The Parks Department reviews and approves applications that involve
both park property and city right-of-way use for park issues.
5. The Police Department reviews and approves applications for security,
crowd control and other related public safety issues.
6. Traffic Engineering Division of the Public Works Department reviews
and approves applications for vehicular and pedestrian safety.
Page 6 of 28
7. The Streets Division of the Public Works Department reviews and
approves applications for street safety, impact on road construction
projects, and sanitation.
8. The Transit Department reviews and approves applications for impacts
to bus and paratransit routes.
Section 9: Issuance of a special event permit does not obligate city services.
Issuance of a special event permit pursuant to this chapter does not obligate or
require the city to provide city services, equipment, or personnel in support of a special
event.
Section 10: Priority of special event permit scheduling.
The city may give priority to city-sponsored events followed by annual,
semiannual, or other regularly scheduled or recurring special events. If competing
applications cannot be resolved on this basis, permits shall be granted to the earliest
completed application received for the time and place requested.
Section 11: Pre-application meeting.
Applicants may request a pre-application meeting with city departments to discuss
matters related to a possible special event with a particular focus on matters necessary for
the submittal of complete application. The city may require such a meeting after
determining an application is incomplete. By way of example only, such discussions
may include traffic control, traffic barriers, security, first aid, clean up, special event
dates, and special event routes.
Section 12: When application for special event permit is deemed complete.
An application for a special event permit is deemed complete when the applicant
has submitted a special event application that substantially complies with section 13 of
this ordinance. The city may require additional information related to the special event or
its expected impact on city right-of-way and services. Notwithstanding the City Clerk's
acceptance of a completed application,the date of the event shall not be considered
confirmed until a special event permit is issued. In any case, the city shall not be
responsible for any costs incurred by an applicant for planning or promoting an event by
reason of the city's denial or revocation of a special event permit.
Section 13: Content of special event permit application.
A. The City Clerk will create special event permit applications for
neighborhood block parties, small special events, large special events, and expressive
activity events. Applications will be consistent with this ordinance and based on criteria
necessary to evaluate such a special event for compliance with this ordinance. The
application for a special event permit may include the following:
Page 7 of 27
1. The name, address, telephone number, cell phone number,
facsimile number, and e-mail address of the applicant.
2. A certification that the applicant will be financially responsible for
any city fees or costs that may be imposed for the special event.
3. The name, address, telephone number, cell phone number,
facsimile number, and e-mail address of the event organizer, if any, and the chief officer
of the event, if any.
4. A list of emergency contacts that will be in effect during the event
and the event web address, if any.
5. If the special event is designed to be held by, on behalf of, or for
any person other than the applicant, the applicant for the special event permit shall file a
written communication from such person:
a. Authorizing the applicant to apply for the special event
permit on its behalf; and
b. Certifying that the applicant will be financially responsible
for any costs or fees that may be imposed for the special event.
6. A statement of the purpose of the special event.
7. A statement of fees to be charged for the special event including,
without limitation, admission fees.
8. A detailed description of the proposed location for the special
event, including private property making up the special event venue.
9. Proposed dates and times when the special event is to be
conducted.
10. The approximate times when assembly for, and disbanding of, the
special event is to take place.
11. The proposed plan for set up, tear down, and clean up before and
after the special event.
12. The proposed plan for garbage and recycling collection.
13. The proposed locations of the assembly or production area.
14. The specific proposed site or route, including a map and written
narrative of the route.
Page 8 of 28
15. The proposed site of any viewing stands.
16. The proposed site for any disbanding area.
17. Proposed alternate routes, sites or times, where applicable.
18. The approximate number of persons, animals, or vehicles that will
attend the special event.
19. The kinds of animals anticipated to be part of the special event.
20. A description of the types of vehicles to be used in the special
event.
21. The number and type of booths, tents, or other structures.
22. The number of vendors selling goods or services and their location.
23. The number of bands or other musical units, the nature of any
equipment to be used to produce sounds or noise, and the nature and time of any activity
at the event that will produce sounds or noises.
24. The number, type, and location of portable sanitation facilities.
25. Other equipment or services necessary to conduct the special event
with due regard for participant and public health and safety. By way of example only,
this may include audience or spectator viewing stands or seating.
26. The number of persons proposed or required to monitor or
facilitate the special event and provide spectator or participant control and direction for
special events using city streets, sidewalks, or facilities, and plans for family reunification
efforts in the case of lost or missing children.
27. The number of persons providing security services, the places they
will be located, and the means that they will be identifiable to the public.
28. The anticipated quantity and types of any alcohol that will be
served at the event, for which a separate Washington State Liquor and Cannabis Board
permit is required, and a description of the location where alcohol will be served.
29. Provisions for first aid or emergency medical services, or both, the
places they will be located, and the means they will be identifiable to the public.
30. A traffic control plan, if the event will occur on a right-of-way or
will otherwise impact vehicle or pedestrian traffic, including the number of persons
Page 9 of 27
managing street closures or directing traffic,the places they will be located, and the
means that they will be identifiable to the public and to vehicle traffic.
31. A transportation and parking plan for event participants.
32. Liability insurance documentation, including the certificate(s) of
insurance.
33. A Hold Harmless and Indemnity Agreement in such form as may
be issued by, or acceptable to the city's risk manager.
34. Whether the applicant considers the event to qualify as an
"expressive activity" special event and that the event will comply with the conditions for
expressive activity. (Applicant need not identify content or subject matter of the event.)
35. Any special or unusual requirements that may be imposed or
created by virtue of the proposed special event activity.
36. Any other information reasonably related to the event or its use of
or impact on city services required by the City Clerk.
Section 14: Conditions affecting issuance of a special event permit.
A. Where the applicant has not requested, and the City Clerk, in coordination
with other city departments as needed, determines that the special event does not require
a temporary street closure, or the use of city services in accordance with section 14(B) of
this ordinance,the City Clerk will issue a special event permit, when based upon the
completed application, the City Clerk, in coordination with the Police Department, Fire
Department, Public Works Department, Parks Department, Cultural Arts Department,
and Transportation Services Department, determines that all applicable provisions of this
ordinance and the conditions listed in this section are met.
1. The special event will not substantially interfere with public
transportation or other vehicular traffic in the area of its route.
2. The special event will not substantially interfere with construction
or development in the public right-of-way or at a public facility.
3. The special event will not substantially interfere with traffic on
principal transportation arterials during peak commute hours on weekdays between 7:00
a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. or other times as determined by the Public
Works Department.
4. The concentration of persons, animals, or vehicles will not
substantially interfere with the movement of police, fire, ambulance, and other
emergency vehicles on the streets.
Page 10 of 27
5. The special event will move from its assembly location to its
disbanding location expeditiously and without stopping en route.
6. The special event will not substantially interfere with any other
special event for which a permit has already been granted or with the provision of city
services in support of other scheduled special events or unscheduled governmental
functions.
7. The special event will not substantially interfere with residential or
business access and traffic circulation in the same general venue, as determined by the
Public Works Department.
B. Where an applicant has requested or the City Clerk, in coordination with
other city departments as needed, determines the event will require a temporary street
closure or city services in accordance with section 14 of this ordinance, the City Clerk
will issue a special event permit, when based upon the completed application, the City
Clerk determines that:
1. The applicant has complied with all applicable provisions of this
ordinance; and
2. Any city department requested to provide services has provided
written confirmation of its willingness and ability to provide such services or that
arrangements have been made for such services to be provided. If a city department is
unwilling or unavailable to provide services, the applicant must provide an alternative
manner of providing a similar service if required by the City Clerk.
C. In order to ensure that the conditions in this section are met, the City Clerk
may place conditions on the special event permit as indicated by the approving
department.
Section 15: Denial of a special event permit.
A. The City Clerk shall deny a special event permit to an applicant who has
not met one or more of the following requirements:
1. Completed the special event application and provided the
information required in full, or provided additional information as requested by the City
Clerk for clarification or completeness.
2. Provided a traffic control plan(if required).
3. Provided sufficient monitors for crowd control and safety.
Page 11 of 28
4. Provided sufficient safety, health, or sanitation equipment services
or facilities that are reasonably necessary to ensure that the special event will be
conducted with due regard for safety.
5. Provided sufficient off—site parking or shuttle service, or both,
when required, to minimize any substantial adverse impacts on general parking and
traffic circulation in the vicinity of the special event.
6. Met all of the requirements for submitting a completed application
for a special event permit, including payment of all fees due and owing, by no later than
ten(10) business days prior to the event.
B. The City Clerk may deny a special event permit if, based on consideration
of the permit application and from such other information obtained in reviewing the
permit, including without limitation, other city departments' experience and expertise:
1. The special event will create the imminent possibility of violent
disorderly conduct by event attendees that is likely to endanger the public or to result in
significant property damage.
2. The special event will violate public health or safety laws.
3. The special event fails to conform to the requirements of law or
duly established city policy.
4. The applicant demonstrates an inability or unwillingness to
conduct a special event pursuant to the terms and conditions of this chapter.
5. The applicant has failed to conduct a previously authorized or
exempted special event in accordance with law or the terms of a permit, or both, within
five (5) years prior to the current application.
6. The applicant has not obtained the approval of any other public
agency within whose jurisdiction the special event or portion thereof will occur.
7. The applicant has failed to provide an adequate first aid or
emergency medical services plan based on special event risk factors.
8. The special event will substantially interfere with residential or
business access and traffic circulation in the same general venue that is not fully
addressed by the proposed traffic control plan or otherwise authorized by the special
event permit.
9. The special event venue includes right-of-way or city-owned
property that has been part of another special event venue within seven (7) days of the
proposed special event.
Page 12 of 28
Section 16: Appeals from denial or revocation of special event permit.
A. If the City Clerk denies issuance of or revokes a special event permit, he
or she shall notify the applicant in writing within five (5) business days of the decision.
B. The denial or revocation of a special event permit may be appealed by
providing written notice to the City Clerk within five (5)business days of the date of the
city's written decision denying or revoking the special event permit.
C. Parties to the appeal may submit documentation,testimony, or other
evidence in support of its position.
D. The Special Event Appeal Committee, consisting of at least three of the
following; the Mayor or the Mayor's designee, Police Chief, Fire Chief, Director of
Transportation Services, and the City Traffic Engineer, shall consider the appeal and
issue a final written decision within five (5) business days of the City Clerk's receipt of
the notice of appeal.
E. Judicial review of any such final decision may be obtained through the
filing of an appropriate action with a court of competent jurisdiction within thirty (30)
days of issuance of the written decision.
Section 17: Contents of special event permit.
A. The city may condition the issuance of a special event permit by imposing
reasonable requirements concerning the time, place and manner of the event, and such
requirements as are necessary to protect the safety and rights of persons and property, the
control of traffic and noise, and require compliance with Everett Municipal Code. A
special event permit may include, but is not limited to, some or all of the following
information or conditions:
1. Contact information for applicant, organizer, and other key persons
associated with the event, and emergency contacts during the event.
2. The location of the special event venue, which may be identified
by a map attached to the special event permit.
3. The date and time of the special event.
4. The specific route plan of the special event, if any, which may be
identified by a map attached to the special event permit.
5. Whether the event is a large or small special event, a block party,
or an expressive activity special event.
Page 13 of 27
6. That the special event must be conducted in accordance with the
e
terms of the approved special event application.
7. Such other information and conditions establishedP ursuant to this
section and section 14 of the ordinance, or as mutually agreed to by the city and the
applicant or event organizer.
B. As a condition of the issuance of a special event permit,the applicant may
be required to do a walk-through of the event site with city departments impacted by the
special event prior to the event.
Section 18: City Clerk's action on special event permit application based on
department approvals.
A. Except as provided in this section or section 32 for expressive special
events and spontaneous special events, the City Clerk will take final action upon a
completed application for a special event permit that has been approved by all affected
city departments based on the following schedule:
1. Large special events. Within thirty (30) calendar days.
2. Small special events. Within fifteen(15) calendar days.
3. Neighborhood block parties. Within ten(10) calendar days.
B. The City Clerk is not required to take final action on an untimely special
event permit application, nor on an incomplete special event permit application, so long
as the City Clerk,prior to taking final action, gave the applicant written notice that the
application was incomplete.
C. The City Clerk may extend the deadline established in subsection 18.A for
good cause, the basis of which is provided in writing to the applicant.
D. Final action on a completed special event permit application shall consist
of one of the following:
1. Issuance of a special event permit in accordance with the
information submitted in the application; or
2. Issuance of a special event permit in accordance with the
information submitted in the application, as modified by mutual agreement between the
City Clerk and the applicant, and/or with conditions imposed by the City Clerk pursuant
to this ordinance; or
Page 14 of 27
3. Denial of the special event permit application by the City Clerk
pursuant to section 15.
Section 19: Insurance required to conduct a special event.
A. The applicant of a special event must possess or obtain commercial
general liability ("CGL") insurance and liquor liability insurance, if applicable, to protect
the city against loss from liability imposed by law for damages on account of bodily injury
and property damage arising from the special event and to protect the city from any and all
claims and risks in connection with any activity performed by the applicant by virtue of
the special event. Such insurance shall name the City of Everett, its officials, officers,
employees, agents, and volunteers, and, as required, any other public entity involved in the
special event, as additional insured pursuant to an endorsement. Insurance coverage must
be maintained for the duration of the special event including any set up and teardown
associated with the special event. Notice of cancellation shall be provided immediately to
the city.
B. Except as provided in this section, CGL coverage shall be in a combined
single limit of at least $1,000,000 per occurrence and general aggregate limit of at least
$2,000,000 and endorsed to apply separately to the event. Liquor liability insurance, if
applicable, shall be in the minimum amount of$1,000,000 per occurrence. CGL coverage
shall be per occurrence, and primary and non-contributory to any insurance or self-
insurance of the city, and shall include a waiver of subrogation.
C. If the special event is of a demonstrated high or low-risk category,
according to recognized insurance and risk management standards, the city's risk manager
may authorize a greater or lesser amount of coverage than required by this section, or may
require a particular type of insurance coverage different from that specified in this section.
D. The insurance required by this section shall encompass all liability
insurance requirements imposed for other permits required under other sections of this
chapter and is to be provided for the benefit of the city and not as a duty, express or
implied, to provide insurance protection for spectators.
E. Special events that are primarily athletic in nature (marathons, running
events, triathlons, regattas and similar events)require a CGL policy, which includes
athletic participant coverage providing protection for claims made by athletic participants.
F. A certificate of insurance, along with necessary endorsements, shall be
filed with the City Clerk at least thirty (30) calendar days before the special event, unless
the City Clerk for good cause modifies the filing requirements.
Section 20: Waiver of insurance requirements.
A. Except for special events where the sale of alcoholic beverages is
authorized,there are planned temporary street closures, or traffic control or management
Page 15 of 27
plan, the insurance requirements of this chapter may be waived. In making the
determination of whether to waive insurance, the city's risk manager shall consider the
following factors:
1. Whether it is objectively impossible to obtain insurance coverage;
2. Whether the special event will involve the use of equipment (other
than sound equipment), vehicles, animals, fireworks, or pyrotechnics; and
3. Whether a fee or donation is charged or required as a condition of
admission or participation in the special event.
B. To claim that it is objectively impossible to obtain insurance coverage
pursuant to this section, the applicant shall submit a statement from at least two (2)
independent licensed insurance brokers demonstrating the insurance is unavailable in the
market place.
C. Regardless of the language in subsection 19.A, block parties shall not be
required to comply with the insurance provisions of this section.
D. If insurance is waived or not required, the city's risk manager shall require
the applicant of a special event to defend, indemnify, and hold harmless the city in the
following form:
Permit Holder [NAME], its employees, agents, and volunteers (collectively
"Permit Holder") shall defend, indemnify, and hold the city, its officials, officers,
employees, agents, and volunteers, harmless from and against any action, or claim
for loss, liability, or damage, including claims for bodily injury or death, or
damage to property arising out of or resulting from (a) Permit Holder's use, in any
manner, of city right-of-way or city-owned property for the permitted special
event, and (b) Permit Holder's non-observance or non-performance of any of the
terms of Permit Holder's special event permit.
Section 21: Notification of Special Event
A. An applicant or event organizer of a large or small special event must
provide written notice of the special event, at least thirty(30) days prior to the event, to:
1. All owners of real property abutting/within one block of the special
event venue and/or route. For
thepmP oses of this notification
requirement, one block includes the properties on the outermost
edge of any right-of-way that is one block or less from the venue
and/or route.
B. An applicant or event organizer of a neighborhood block party must
provide written notice of the special event at least fifteen(15) days prior to the event to:
Page 16 of 27
1. All owners of real property abutting the special event venue.
C. The applicant or event organizer must certify to the City Clerk, on a form
approved by the city that he or she has complied with this section.
Section 22: Use of city logo or name.
It is unlawful for any applicant to use in the title of an event the words "City of
Everett,"the name of any city department, or a facsimile of any logo of the City of
Everett or city department, without the city's written authorization.
Section 23: Display of special event permit required.
A copy of the special event permit shall be presented upon demand of any city
official. Conditions for the special event are not required to be displayed, but shall be
provided upon demand of any city official.
Section 24: Revocation of special event permit.
A. Any special event permit issued pursuant to this chapter is subject to
revocation,pursuant to this section.
B. A special event permit may be revoked if the city determines:
1. That the special event will be in violation of the standards or
conditions for special event permit issuance or this ordinance; or
2. The special event is being conducted in violation of the law or of
any condition of the special event permit; or
3. The special event poses a threat to health or safety; or
4. The applicant or any person associated with the special event has
failed to obtain any other permit required pursuant to the provisions of this chapter; or
5. The applicant has not paid all fees when due; or
6. The applicant has failed to provide confirmation or proof that it has
obtained the minimum number of required qualified persons to perform safety functions;
or
7. The special event permit was issued in error or contrary to law.
C. Except as provided in this section, notices of revocation shall be in writing
and specifically set forth the reasons for the revocation.
Page 17 of 27
D. If there is an emergency requiring immediate revocation of a special event
permit, the City Clerk or a city official may notify the permit holder verbally of the
revocation and the reason(s) for the revocation.
Section 25: Cost and fee recovery for special events.
A. Excluding general law enforcement or emergency services, the City Clerk
shall charge for the cost of the city personnel providing services dedicated for the specific
special event including, without limitation, traffic control, public safety, security, facility
or street, clean up and repair services, and for the cost of using city equipment or
property, and any other similar expense involved in the special event.
B. Where feasible, the fees and costs shall be estimated in writing by the City
Clerk to the applicant prior to the issuance of the special event permit. The City Clerk
shall require payment of fees and costs, or a reasonable estimate thereof, prior to the
issuance of a special event permit, unless the City Clerk for good cause extends time for
payment.
C. Where fees and costs either cannot be reasonably estimated prior to the
issuance of the special event permit, or where fees and costs were incurred as a result of
the event,they shall be billed as soon as practicable after the event.
D. The fees and costs shall be paid by the applicant to the city within thirty
(30) calendar days from the receipt of the bill for such fees and costs.
E. If the applicant fails to comply with payment obligations pursuant to this
ordinance for the current or a past special event,the City Clerk may require the applicant
to deposit adequate surety in the form of cash or bond.
Section 26: Enforcement.
The City Clerk has authority to administer and enforce this ordinance, to
coordinate with other departments necessary to administer and enforce this ordinance,
and to promulgate rules and regulations that are not inconsistent with this ordinance. The
Everett Police Department has authority to enforce any provision of this ordinance
including, without limitation, the immediate revocation of the special event permit for
failure to comply with the law or the conditions of the permit, and nothing in this section
shall be construed to abrogate or limit the jurisdiction of the Everett Police Department.
Section 27: Authorized special event vendors.
A. The issuance of a special event permit confers upon the permit holder the
right to control and regulate the sale of goods, services, food and beverages within the
special event venue in accordance with the terms and conditions of the special event
permit.
Page 18 of 27
B. Only vendors authorized by the permit holder shall be allowed to sell
goods, services, food or beverages in the special event venue, as described in section
13A.22.
1. Food and beverage vendors shall maintain and display their food
handling licenses and permits as required by state and local law.
2. All vendors at a special event shall, upon request from any city
official,provide proof of authorization from the permit holder to sell goods, services,
food, and beverages at the special event.
3. Vendors shall not impede access to open businesses located inside
the event venue or adjacent to the event route.
Section 28: Other permits and licenses.
The holder of a current and valid special event permit issued by the city will not
be required to obtain a city right-of-way use permit or enter into a license or other
agreement to use city-owned property. Except for the foregoing, the issuance of a special
event permit does not relieve any person from the obligation to obtain any other permit or
license required pursuant to the Everett Municipal Code or any other applicable law,
including, without limitation, an Everett Business License issued in accordance with
chapter 3.19 EMC.
Section 29: Cost recovery for unlawful special event.
Whenever a special event is conducted without a special event permit, when one
is required, or a special event is conducted in violation of the terms of an issued special
event permit, the event organizer shall be responsible for, and the city shall charge the
event organizer for, all city costs incurred for personnel and equipment for a public safety
response caused or necessitated by the adverse impacts of the special event or the
violation of the special event permit upon public safety. Such costs shall not include
costs caused exclusively by persons protesting the special event.
Section 30: Violations.
A. It is a violation of this chapter to fail to comply with or to be in conflict
with any provision of this chapter. It shall be a separate offense for each and every day
during which any violation of any of the provisions of this chapter is committed,
continued, or permitted.
B. Penalty and enforcement provisions provided in this chapter are not
exclusive, and the city may pursue any remedy or relief it deems appropriate.
Section 31: Penalties for violation.
Page 19 of 27
A. In accordance with chapter 7.80 RCW, any person, with exception of a person
acting with intent pursuant to subsection 31.B below, who violates a provision of this
chapter shall be deemed to have committed a class 1 civil infraction with a two hundred
fifty dollar($250)penalty exclusive of statutory assessments.
B. Any person who intentionally violates a provision of this chapter shall be guilty of
a misdemeanor, and upon conviction thereof, shall be subject to such penalties as are set
forth in EMC §10.04.080 as now enacted or subsequently amended.
C. For the purposes of this section, the term"intentionally" or its variants has the
same meaning it receives pursuant to EMC 10.06.010.A.
Section 32: Expressive Activity Special Events.
A. Section 14 of this chapter shall not apply to expressive activity special
events, including spontaneous events. Additionally, the following exceptions shall apply:
1. An applicant of an expressive activity special event, including a
spontaneous special event, expecting fewer than one hundred (100) attendees that will
comply with all traffic and safety laws and regulations, and will not require the use of
city services pursuant to section 25 of this ordinance, shall notify the City Clerk prior to
the expressive activity special event, but is not required to otherwise comply with this
ordinance.
2. All fees and costs established pursuant to this ordinance will be
waived, except costs for the use of city services pursuant to section 25 of this ordinance.
3. The applicant of an expressive activity special event may elect to
comply with the insurance requirements of section 19 or provide the following
indemnification:
The Permit Holder, its employees, agents, and volunteers (collectively
"Permit Holder") shall indemnify and hold the city its officials, officers,
employees, agents, and volunteers harmless from any and all claims,
damages, expenses, loss or liability for which Permit Holder is responsible
under law resulting from willful or negligent acts or omissions of Permit
Holder in connection with the permitted special event.
4. To receive the election in subsection A.3 above, the applicant must
file with the special event application a verified statement that he or she intends the
special event to be for expressive activity as defined by this ordinance, and the cost of
obtaining insurance is financially burdensome and would constitute an unreasonable
burden on the right of First Amendment expression.
5. Where the expressive activity special event will require temporary
street closures or require the city to provide services in accordance with section 25 of this
Page 20 of 27
ordinance,the City Clerk may condition the issuance of the expressive activity special
event permit upon payment of actual direct costs incurred by the city. The City Clerk is
authorized to adopt a fee schedule for this purpose, which must contain a provision for
waiver of, or a sliding scale for payment of fees for city services based on the ability to
pay.
6. Subject to the provisions of this section, including a good faith
effort by the city and applicant to resolve any conflicts pursuant to subsection A.8 of this
section, the City Clerk may deny an expressive activity pursuant to section 15 of this
ordinance. Regardless of the foregoing, the City Clerk may not consider the potential
reactions of persons not attending the expressive activity special event such as bystanders
or protesters to the expressive activity special event.
7. The city may not deny an expressive activity special event permit
based upon the failure of the applicant to meet a submittal deadline or make a timely
payment of costs incurred pursuant to section 25 of this ordinance. Nonetheless, the
applicant must use reasonable efforts to comply with the timelines provided for in this
ordinance.
8. Prior to denying an expressive activity special event permit
pursuant to this section, the City Clerk will request the applicant of the expressive
activity special event to modify the time and/or route of the expressive activity. Such
modification may be made by the City Clerk if he or she makes a written determination,
including reasons for such determination that the location, time, and/or route of the
expressive activity special event would create a basis for denying the special event permit
pursuant to subsection A.6 of this section. The City Clerk and the applicant shall make a
good faith effort to schedule the expressive activity special event for a mutually agreeable
date, within seven(7) calendar days of the original proposed date, unless a later date is
agreed to by the applicant.
B. With regard to the permitting of expressive activity special events where
the provisions in this section conflict with the provisions in any other section of this
chapter,the provisions of this section shall prevail.
C. The classification of a special event as an expressive activity special event
does not relieve any person from the obligation to obtain any other permit or license
required pursuant to the Everett Municipal Code or any other applicable law.
Section 33: General provisions not applicable.
The provisions of chapter 5.04 EMC (General Provisions) shall not apply to this
ordinance.
Section 34: Codification.
This ordinance will be codified under chapter 5.136 EMC.
Page 21 of 27
Section 35. Repealer.
Ordinance 461-77 (chapter 46.24 EMC), as amended, is hereby repealed,
including all ordinances in conflict herewith.
Section 36. Severability.
Should any section, subsection, paragraph, sentence, clause or phrase of this
ordinance or its application to any person or situation, be declared unconstitutional or
invalid for any reason, such decision shall not affect the validity of the remaining
portions of this ordinance or its application to any other person or situation. The City
Council hereby declares that it would have adopted this ordinance and each section,
subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one
or more sections, subsections, clauses, phrases or portions be declared invalid or
unconstitutional.
Section 37. General duty.
It is expressly the purpose of this ordinance to provide for and promote the health,
safety and welfare of the general public and not to create or otherwise establish or
designate any particular class or group of persons who will or should be especially
protected or benefited by the terms of this ordinance. It is the specific intent of this
ordinance that no provision or any term used in this ordinance is intended to impose any
duty whatsoever upon the city or any of its officers or employees. Nothing contained in
this ordinance is intended nor shall be construed to create or form the basis of any
liability on the part of the city, or its officers, employees or agents, for any injury or
damage resulting from any action or inaction on the part of the city related in any manner
to the enforcement of this ordinance by its officers, employees or agents.
Section 38. Savings.
The enactment of this ordinance shall not affect any case, proceeding, appeal or
other matter currently pending in any court or in any way modify any right or liability,
civil or criminal, which may be in existence on the effective date of this ordinance.
Section 39. Corrections.
The City Clerk and the codifiers of this ordinance are authorized to make
necessary corrections to this ordinance including, but not limited to,the correction of
scrivener's/clerical errors, references, ordinance numbering, section/subsection numbers
and any references thereto.
Section 40. The Mayor or the Mayor's designee may approve revisions, additions, or
deletions to the Administrative Policy attached hereto as Exhibit A and on file with the
City Clerk's office.
Page 22 of 27
sie Fra ryor
ATTEST:
/ '1.
CITY CLERK
Passed: 9/05/2018
Valid: 9/07/2018
Published: 9/12 /2018
Effective: 9/22/2018
Page 23 of 27
Exhibit A
Special Events
Administrative Policy
1.0 Purpose
2.0 Scope
3.0 Department Staff Assignment
4.0 Special Events Application
5.0 Department Responsibilities
6.0 Response Timeline
7.0 Communication with Event Organizer
8.0 Approval Process/Documentation
9.0 Complaints
1.0 Purpose. The purpose of the Special Events Administrative Policy is to
protect public health and safety, reduce adverse impacts on the public
places and neighboring areas, protect the rights of other users of our
public places, and through these objectives assist event organizers in
achieving a successful and well-run event.
2.0 Scope. The Special Events Administrative Policy applies to the City Clerk's
Office, Cultural Arts, Neighborhoods, Parks, Police, Fire, Traffic Engineering,
Streets, and Transit Departments.
3.0 Department Staff Assignment. Departments with Special Events
Application responsibilities will assign, at a minimum, one primary staff
member and one back-up staff member to represent the
department/division in the Special Events application approval process.
4.0 Special Events Application. Department staff will direct event organizers
to complete and submit the Special Events Application prior to engaging
in detailed conversations regarding the proposed event. Events that occur
solely within a park will be required to obtain a Parks Special Use Permit
and will not be required to obtain a Special Events Permit.
5.0 Department Responsibilities.
5.1 City Clerk. The City Clerk's Office serves as the central point of
coordination for the Special Events Permit process. Clerk's staff receive
applications, input applications into Praxis (permit tracking software),
receipt or refund permit fees, notify Administration and City Council of all
Page 24 of 27
applications and approvals, track the approval process, and issue the
Special Events Permits once approved by all departments.
5.2 Cultural Arts. The Cultural Arts Division of the Parks Department
reviews applications and provides general technical guidance to event
organizers. Cultural Arts staff also serve as a liaison and advocate between
event organizers and department staff.
5.2 Fire. The Fire Department is responsible for reviewing Special
Events Permit applications for public safety issues related to fire and
emergency services. Fire Department staff will review the Emergency
Services Plan to ensure that first aid and medical assistance needs are
adequately addressed. Fire Department staff may also inspect the event
site to identify any potential safety issues. Inspection examples include,
but are not limited to: temporary structures, provisions for electrical
hookups, and combustible fuel-powered generators.
5.3 Neighborhoods. The Neighborhoods Office provides information
and guidance to applicants for Neighborhood Block Parties and provides
neighborhood contact information to small and large event organizers.
5.4 Parks. The Parks Department reviews applications that involve
both park property and street/sidewalk/public property use. Parks staff
will follow up with the event organizer if any additional forms are required
over and above the Special Events Permit application for use of Park
property.
5.5 Police. The Police Department reviews Special Events applications
for public safety issues. Police Department staff will determine
requirements for security and crowd control.
5.6 Traffic Engineering. The Traffic Engineering Division reviews
Special Events applications for vehicular and pedestrian safety, and assists
with venue maps and traffic control plans.
5.7 Streets. The Streets Division reviews Special Events applications for
street safety, impact on road construction projects, and sanitation. Streets
also provides barricades in accordance with the Special Events Guidelines,
and information regarding electrical service access, if required.
5.8 Transit. The Transit division of the Transportation Services
Department reviews Special Events applications for impacts relating to
Everett Transit bus and paratransit routes. Transit staff will determine if
the special event will require temporary route changes, and whether those
changes can be accommodated.
6.0 Response Timeline. Departments with permit approval responsibilities
will review applications, and within 5 business days of the date of
Page 25 of 27
application, either 1) approve the permit application, or 2) Make initial
contact with the event organizer.
Department staff will respond to the event organizer directly regarding all
follow-up inquiries within two business days of receipt of the inquiry.
7.0 Communication with Event Organizer
7.1 Event Organizer Questions. Department staff will communicate
directly with the event organizer when responding to questions.
7.2 Requests for Additional Information. Department staff will
contact the event organizer directly if additional information is needed to
approve the application.
7.3 In Person meetings or Conference Calls. In the event that
significant changes to the original event plan are needed, Cultural Arts
staff will organize an in-person meeting or conference call with the event
organizer to discuss and resolve outstanding issues. All impacted
departments will participate in the meeting. All changes will be
communicated to the City Clerk's Office and documented in Praxis.
8.0 Approval Process/Documentation
8.1 Praxis. Praxis software will be used to track departmental
approvals and document communications between departments and
event organizers.
8.2 Application Entry. Upon receipt of a Special Events Application,
the City Clerk's Office will input the application into Praxis and send a
group email notifying departments that an application is pending. The
City Clerk will also send notification to Administration and City Council
that an application has been received.
8.3 Central Point of Collaboration. Praxis will serve as the central
archive point of collaboration for all communications relating to Special
Events applications. Department staff will use the Comment tab to
document communications with event organizers, upload u load emails and
any additional documents received or sent relating to the event to the
Letters tab. Documents must be in pdf format to upload to Praxis. The
Clerk's Office will provide instruction as needed.
8.4 Application Review and Approval Process. Department staff will
access the application in Praxis.
A. If there is no impact on the department, the department staff
will enter "N/A" under the comments section and approve the application.
Page 26 of 27
B. If the application is complete and no changes or further
information are required, department staff will approve the application
and note any pertinent comments in the Comments section.
C. If further information or changes to the Event
route/date/time or special conditions for permit issuance are required,
department staff will so note in the comments section. Any significant
changes to the event plan must be communicated to the City Clerk. The
City Clerk will alert departments to review the new information in Praxis.
Once all necessary information and adjustments have been made,
department staff will approve the application in Praxis.
8.5 Special Events Permit Denial. If department staff cannot come to
agreement regarding event arrangements with the organizer, the
responsible staff member will work with Cultural Arts staff to determine if
any other accommodations can be made. If it is determined that there is
no other recourse, the responsible department staff will deny the event
application in Praxis, note the reason in the comments section, and
communicate the decision to the City Clerk in writing. The City Clerk will
forward the denial information to the Event Organizer, and inform
Administration and Council.
8.6 Special Events Permit Issuance. When all departments have
approved the Special Events application, the City Clerk's Office will send
notification to Administration and City Council, and provide the event
organizer with a link to post the event on the Community Events calendar
on the City's website. The City Clerk will email the event organizer the
Special Events Permit, which will note any conditions and requirements
assigned by department staff.
9.0 Complaints.
Complaints received about a special event on streets and/or sidewalks (i.e.,
traffic impacts, unsafe or unorganized event, no event notification, public
transit, etc.) will be handled per City Public Service Policy (policy title TBD).
Page 27 of 27