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Ordinance 12-012 soliciting in right-of-way CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 12-012 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON,AMENDING SPOKANE VALLEY MUNICIPAL CODE SECTION 5.15.080 BY REPEALING SUBSECTION 5.15.080J RELATING TO SPECIAL EVENT PERMITS FOR CHARITABLE SOLICITATION IN THE RIGHTS-OF-WAY, AND OTHER MATTERS RELATING THERETO. WHEREAS, in 2008,the City adopted Ordinance 08-013,which contained provisions relating to special event permit requirements in Spokane Valley Municipal Code section 5,15.080J for charitable solicitation in roadways; and WHEREAS, these special event permit requirements were intended to address safety concerns identified by City staff and by City law enforcement personnel; and WHEREAS, City staff and law enforcement have personally observed and received citizen comments regarding numerous instances of failure to comply with special event permit safety requirements from every organization which has obtained one for engaging in charitable solicitation in the roadways; and WHEREAS, the City does not have sufficient financial or personnel resources to monitor each such special event of charitable solicitation in the roadways to ensure compliance with Municipal Code requirements; and WHEREAS, there are sufficient means by which organizations may solicit funds within the City which do not include entry into roadways; and WHEREAS,with the amendment identified herein repealing provisions relating to special permit requirements, City staff will no longer approve such permits which seek permission to perform charitable solicitation in roadways; and WHEREAS, the City has a paramount duty to protect the life, health and safety of its citizens, including pedestrians and the motoring public. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington ordains as follows: Section 1. Amendment. Spokane Valley Municipal Code section 5.15.080 is hereby amended by repealing subsection 5.15.080J, as set forth below. 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 has failed to remit all fees,documents,or proof of bonds; Ordinance 12-012,Special Event Permits Page 1 of 2 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; F. The applicant has failed to provide sufficient safety, health or sanitation equipment services, or facilities; G. The applicant has not provided sufficient off-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; 1 J.REPEALED: Section 5.15.0807 is hereby repealed. Section 2. Remainder of SVMC 5.15 Unchanged. The remaining provisions of SVMC 5.15 are unchanged by this amendment. 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 be in full force and effect five days after the date of publication of this Ordinance or a summary thereof in the official newspaper of the City. PASSED by the City Council this 10t'day f_ pril,2012. 7o Mayor,Thomhs E. Towey A�E a ij -tom, L r : ) City Clerk, Christine Bainbridge f of 1717/ rty Attorney. D e of Publication: V Z'I -,;;Y: Effective Date: 4/— 6 5'. 6)„R, Ordinance 12-012, Special Event Permits Page 2 of 2