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Ordinance 09-038 Park Regulations: Special Events, Vendors CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 09-038 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON,AMENDING SECTIONS 5.15.010, 5.15.050, 6.05.050, AND 6.05.060 RELATING TO SPECIAL EVENTS, VENDORS IN PARKS, AND OTHER MATTERS RELATING THERETO. WHEREAS, the City of Spokane Valley previously adopted Spokane Valley Municipal Code sections 5.15.010 and 6.05.050, which require a special permit for any activity on public property with an estimated attendance of 15 or more people; and WHEREAS, the City of Spokane Valley recognizes the need for more flexible use of public property than Spokane Valley Municipal Code sections 5.15.010 and 6.05.050 provide; and WHEREAS, the City of Spokane Valley previously adopted Spokane Valley Municipal Code section 6.05.090(L), which allows the sale of goods and services in City parks only by contract with the City or by permit issued through the Parks & Recreation Department; and WHEREAS, the City of Spokane Valley previously adopted Spokane Valley Municipal Code 6.05.060, which allows the sale of goods and services in City parks only through written agreement with the City; and WHEREAS, the City of Spokane Valley desires consistency regarding the authorization to sell goods and services in City parks. NOW THEREFORE, the City Council of the City of Spokane Valley, Washington, ordains as follows: Section 1. Amendment. Spokane Valley Municipal Code sections 5.15.010 and 5.15.050 are hereby amended as set forth below. 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 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. "Private event" means an event which uses public property for the purpose of monetary or personal gain by any person, partnership, group, organization, company or corporation or which is closed to the general public. G. "Special event" means: 1. Any activity of a temporary nature on public property which affects the ordinary use of public rights-of-way, public parking lots, public parks, intersections, sidewalks or streets, or which would significantly impact the need for city-provided emergency services such as police, fire or medical aid, for purposes which include, but are not Ordinance 09-038 Special Events Page 1 of 3 limited to, parades, walks/runs, street dances, fundraisers, sales, auctions, bikeathons, shows or exhibitions, filming/movie events, carnivals, circuses, car shows, horse shows, fairs and block parties, or other activity, demonstration or exhibition; or 2. Any activity, function, or event, which is open to the general public, where 200 or more people are estimated to attend; or 3. A private event. 1-I. "Street" or "streets" means any public roadway, sidewalk, or portions thereof in the City of Spokane Valley dedicated to the public use. I. "Street dance" means any organized dance on any public street, public sidewalk or publicly owned parking lot. 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 four weeks before the date on which the event will occur. The parks and recreation director shall notify the applicant of approval or disapproval. Section 2. Remainder of SVMC 5.15.050 Unchanged. The remaining provisions of SVMC 5.15 are unchanged by this amendment. Section 3. Amendment. Spokane Valley Municipal Code sections 6.05.050 and 6.05.060 are hereby amended as set forth below. 6.05.050 Special event permits. A special event permit is required before the occurrence of a special event as defined in Spokane Valley Municipal Code 5.15.010. If the Parks & Recreation Department deems necessary, special event permits may be required for events involving more than the routine use of a park. Where appropriate, special conditions for the event will be established by the department and included in the permit. The department reserves the right to cancel a permit for good cause. If reasonably possible, notice of cancellation shall be given at least 24 hours in advance of the event. A cancellation or denial of a special event permit may be appealed to the city council by filing a written appeal with the city clerk within 10 days of the date of the decision. Upon such appeal, the city council may reverse, affirm or modify the department's decision. 6.05.060 Sale of goods or services. The sale of goods or services in City parks or facilities shall be allowed only through written agreement with the City or by permit issued by the department. Section 4. Remainder of SVMC 6.05 Unchanged. The remaining provisions of SVMC 6.05 are unchanged by this amendment. Section 5. 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 of unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 6. Effective Date. This Ordinance shall be in full force and effect five (5)days after the date of publication of this Ordinance or a summary thereof in the official newspaper of the City. Ordinance 09-038 Special Events Page 2 of 3 PASSED by the City Council this 15th day of December, 2009. x ./ ••__` Rich. /M. Munso ' ' .yor ATTEST• p._ristine Bainbridge, City Clerk Approved as to Form: Orrice of th City orney Date of Publication: 12-25-2009 Effective Date: 12-30-2009 Ordinance 09-038 Special Events Page 3 of 3