Ordinance 08-013 Special Event Permit Requirements CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO.08-013
AN ORDINANCE REPEALING AND REPLACING SPOKANE VALLEY MUNICIPAL CODE
SECTION 5.15.040 RELATING TO SPECIAL EVENT PERMIT APPLICATION
REQUIREMENTS,AMENDING SECTION 5.15.070,RELATING TO INSURANCE AND HOLD
HARMLESS PROVISIONS FOR SPECIAL EVENTS, AMENDING SECTION 5.15.080
RELATING TO SPECIAL EVENT PERMIT ISSUANCE STANDARDS, AND CREATING A
NEW SECTION 5.15.035 PROVIDING FOR EXCEPTIONS TO THE REQUIREMENT FOR A
SPECIAL EVENT PERMIT,AND OTHER MATTERS RELATING THERETO.
WHEREAS, the City of Spokane Valley previously adopted regulations relating to granting
permits for special events to be held at least in part on public property; and
WHEREAS, the City of Spokane Valley desires to provide clarity for groups seeking special
events permits to engage in certain activities; and
WHEREAS, the City of Spokane Valley seeks to provide greater clarity in administering its
special event permits provisions; and
WHEREAS, the City of Spokane Valley desires to better protect the health, safety and welfare of
its citizens and traveling public by requiring appropriate safety standards for those seeking to use City
rights-of-way for special events.
NOW THEREFORE, the City Council of the City of Spokane Valley, Spokane County,
Washington,ordains as follows:
Section 1. Purpose. The purpose of this Ordinance is to repeal and replace SVMC Section
5.15.040 to require more specific information on the special events permit application, SVMC 5.15.070 to
amend the insurance provisions and add a hold harmless/indemnification provision, Section 5.15.080 to
add special event permit issuance standards, and to add new Section 5.15.035 to provide for specific
activities in the right-of-way which are exempt from the City's special events permit requirements.
Section 2. S sokane Valle 'Munici sal Code Chaster 5.15 is hereb amended as follows:
5.15.010 Definitions.
A. "Applicant" means the person, firm or entity making application for a permit.
B. "City manager" shall mean the city manager or his/her designee.
C. "Parade" means any march or procession consisting of people, animals, bicycles, vehicles, or
combination thereof, except wedding processions and funeral processions, upon any public street or
sidewalk which does not comply with adopted traffic regulations or controls.
D. "Run" means an organized procession or race consisting of people, bicycles, or other vehicular
devices or combination thereof comprising 15 or more persons upon the public street or sidewalk.
E. "Public property" means a street or other public place (i.e., park) under the control and authority of
the City.
F. "Special event" means any use, parade, run, street dance, or other activity, demonstration, or
exhibition on public property.
G. "Street" or"streets" means any public roadway, sidewalk,or portions thereof in the City of Spokane
Valley dedicated to the public use.
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H. "Street dance" means any organized dance of five or more persons on any public street, public
sidewalk or publicly owned parking lot.
I. "Use" means any activity (including sporting activities), function or event where 15 or more people
are estimated to attend.
5.15.020 Permit—Required.
No person shall conduct a special event upon public property unless a permit has been obtained from the
parks and recreation director.
5.15.030 Permit—Application—Fee.
The fee for a special event shall be determined by resolution.
5.15.035—Permit—Exceptions.
The following activities are exempt from the requirement to obtain a special events permit, although
such activities must still comply with all other applicable laws:
A. A funeral procession by a licensed mortuary;
B. Activities conducted by a governmental agency acting within the scope of its authority; and
C. Lawful picketing on sidewalks
5.15.040—Permit—Application—Contents.
The application for a special event permit shall include the following:
A. The name, address, and telephone number of the applicant and any event organizer, if different
than the applicant.
B. A certification that the applicant will be financially responsible for any City fees or costs that may
be imposed for the special event, including the posting of the bond required in SVMC 5.15.060, and
compliance with the insurance requirements in SVMC 5.15.070.
C. A certification that the applicant will comply with the hold harmless and indemnification
provisions in SVMC 5.15.065.
D. If the special event is designed to be held by, on behalf of, or for any organization other than the
applicant, the applicant for the special event permit shall file a written communication from such
organization:
1.Authorizing the applicant to apply for the special event permit on its behalf;
2. Certifying that the applicant will be financially responsible for any costs or fees that may be
imposed for the special event;
3.A copy of the tax exemption letter issued for any applicant claiming to be a tax—exempt nonprofit
organization;
E.A statement of the purpose of the special event;
F.The proposed location for the special event;
G. Dates and times when the special event is to be conducted;
H The approximate times when assembly for,and disbanding of,the special event is to take place;
I. The proposed locations of the assembly or production area;
J.The specific proposed site or route, including a map and written narrative of the route;
K. The proposed site of any reviewing stands;
L.The proposed site for any disbanding area
M. Proposed alternate routes, sites or times,where applicable;
N. The approximate number of persons,animals or vehicles that will constitute the special event;
O.The kinds of animals anticipated to be part of the special event;
P. A description of the types of vehicles to be used in the special event;
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Q. The number of bands or other musical units and the nature of any equipment to be used to produce
sounds or noise;
R. The number and location of portable sanitation facilities;
S. Other equipment or services necessary to conduct the special event with due regard for participant
and public health and safety;
T. 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;
U. Provisions for first aid or emergency medical services,or both, based on special event risk factors;
V.Insurance and surety bond information;
W. Any special or unusual requirements that may be imposed or,created by virtue of the proposed
special event activity; and,
X. Any other information required by the parks&recreation director.
5.15.050 Permit—Application—Filing.
A completed application for a special event permit shall be filed with the parks and recreation director at
least five business days before the date on which the event will occur. The parks and recreation director
shall notify the applicant of approval or disapproval.
5.15.060 Bond required.
The parks and recreation director may require a cash deposit or performance bond as a guarantee that the
public property will be cleaned and returned to the condition in which it was found. The amount shall not
be less than $50.00 and no more than $1,000. The parks and recreation director shall determine the
amount of bond or deposit by considering type of event, projected number of participants and spectators,
and the sponsor's experience. For an event where clean-up or other potential expenses would likely
exceed$1,000,the parks and recreation director shall refer the matter to the city council for consideration.
5.15.070—Insurance required—Hold harmless/indemnification
A. The applicant shall provide the City with a declaration page demonstrating proof of liability insurance
with a combined single limit of$1,000,000 per occurrence, and $2,000,000 in aggregate or such other
amounts as may be established by the City's insurance carrier. Evidence of insurance shall be filed with
the application and shall name the City of Spokane Valley as an additional named insured. Depending
upon the nature of the special event and its risk to the public and private individuals, the parks and
recreation director may increase or reduce the liability limits for a given event after consultation with the
City's insurance carrier.
B.The applicant shall defend, indemnify, and hold harmless the City, its officers,officials,employees
and volunteers from and against any and all claims,suits, actions,or liabilities for injury or death of any
person,or for loss or damage to property, which arises out of applicant's event,or from any activity,
work or thing done, permitted,or suffered by applicant which arises from applicant's event,except only
such injury or damage as shall have been occasioned by the sole negligence of the City.
5.15.080—Permit—Issuance Standards
The parks and recreation director shall not issue a special event permit if:
A.The time, route,or size of the event will unreasonably disrupt the movement of traffic along streets;
B.The size or nature of the event requires supervision by a significant number of police officers that
causes unreasonable expense or diversion of police duties;
C.The applicant failed to remit all fees,documents,or bonds;
D. The applicant has failed to conduct a previously authorized special event in accordance with law or
the terms of a permit, or both;
E. The police department or City traffic engineer fails to sign the permit due to traffic or other safety
concerns;
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F. The applicant has failed to provide sufficient safety, health or sanitation equipment services, or
facilities;
G. The applicant has not provided sufficient of '-site parking or shuttle service, or both, when required
to minimize substantial adverse impacts on general parking and traffic circulation caused by the event;
H. The special event will 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
governmental functions;
I. The special event would block traffic lanes or close streets during peak commuter hours on
weekdays between 7:00 a.m. to 9:00 a.m. and 4:00 p.m.to 6:00 p.m.on streets designated as arterials by
the City's Public Works Department;
J.The following provisions for charitable solicitation in the right-of-way occur:
1. The applicant or organization represented by the applicant has been granted a special event
permit by the City to engage in charitable solicitation in the City right-of-way within the preceding 12
months;
2. The applicant fails to provide sufficient documentation to demonstrate that all persons who will
be entering the roadway in any manner related to the event have successfully completed the Spokane
County Incident Traffic Control Program or its equivalent and that certification is current.
3. The applicant fails to provide sufficient documentation to demonstrate that all persons who will
be entering into the roadway in any manner related to the event is at least 18 years of age on the day of
the event;
5.15.090 Traffic control.
The parks and recreation director may require any reasonable and necessary traffic control with the
applicant responsible for the expense. The parks and recreation director shall notify the applicant of any
City-projected traffic control expense and collect this amount before a permit is issued.
5.15.100 Appeal procedure.
Upon denial of a permit by the parks and recreation director, an applicant may appeal to the city council
by filing a written notice of the appeal within 10 days from the parks and recreation director's decision.
Upon such appeal, the city council may reverse, affirm, or modify the parks and recreation director's
determination.
5.15.110 Permit revocation or suspension.
The special event permit issued under this chapter is temporary and vests no permanent rights in the
applicant, and may be immediately revoked or suspended by the parks and recreation director if:
A.The applicant has made a misstatement of material fact in the information supplied;
B.The applicant has failed to fulfill a term or condition of the permit in a timely manner;
C.The applicant requests the cancellation of the permit or cancels the event;
D.The activity endangers or threatens persons or property, or otherwise jeopardizes the health, safety
or welfare of persons or property;
E.The activity conducted is in violation of any of the terms or conditions of the special event permit;
F. An emergency or occurrence requires the cancellation or termination of the event in order to protect
the public health or safety;or
G.The applicant fails to prepay expenses.
The City shall refund the permit fee in the event of revocation caused by an emergency or supervening
occurrence. All other refunds shall be at the discretion of the parks and recreation director.
5.15.120 Rules and policy.
To implement the special event permit, the parks and recreation director may develop and adopt rules,
policies and forms consistent with this chapter. All adopted rules, policies and forms shall be filed with
the city cleric.
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5.15.130 Violation—Penalty.
Violation of this chapter is a class 1 civil infraction.
Section 3. Severability. 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 or constitutionality of any other section,sentence,clause-or
phrase of this Ordinance.
Section 4. Effective Date. This Ordinance shall become effective five days after publication
of the ordinance,or a summary thereof, in the official newspaper of the City.
Adopted this 15`h day of July,2008.
City of Spoka Valley
Mayor, Ricliiird Munson
A
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City Clerk,Christine Bainbridge
Approved as to Form:
Office of the City Attorney
Date of Publication: July_18.2008
Effective Date: July 23.2008
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