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Ordinance 05-023 Amends SVMC 5.15 Special Events Permits • CITY OF SPOKANE VALLEY SPOKANE COUNTY WASHINGTON ORDINANCE NO.05-023 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, AMENDING SPOKANE VALLEY MUNICIPAL CODE 5.15 PERTAINING TO PERMIT APPLICATION FOR SPECIAL EVENTS. WHEREAS, it is in the interests of the City of Spokane Valley to allow community organizations and citizens to sponsor special events within the City; and WHEREAS,the City Council previously adopted SVMC 5.15 through adoption of Ordinance 64; WHEREAS, the City Council finds it necessary, from time to time, to amend its laws in the interest of the public's health, safety and welfare during special events. NOW THEREFORE, the City Council of the City of Spokane Valley, Washington, ordains as follows: Section 1. Amendment. Title 5, Chapter 15 of the City of Spokane Valley Municipal Code is hereby amended as follows: 5.15.010 Definitions. A. "Applicant" is the person, firm or entity making application for a permit. B. "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. C. "Run" means an organized procession or race consisting of people, bicycles, or other vehicular devices or combination thereof comprising fifteen (15) or more persons upon the public street or sidewalk. D. "Public Property" means a street or other public place (i.e. Park) under the control and authority of the City. 13. "Special Event" means any use, parade, run, street dance, or other demonstration and exhibition on public property. F. "Street"or"Streets" means any public roadway, sidewalk, or portions thereof in the City of Spokane Valley dedicated to the public use. G. "Street Dance" means any organized dance of five or more persons on any public street, public sidewalk or publicly owned parking lot. H. "Use" means any activity (including sporting activities), function or event where fifteen 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. Ordinance 05-023 Amending SVMC 5.15 Special Events Page 1 of 3 • 5.15.040. Permit-Application-Contents. Applications for a special events permit shall state: (a) name and address of applicant; (b) date and time of event; (c) name of sponsoring person or organization; (d) probable number-of participants; (e) routes to include starting point and termination; (f) required access to public right of way; (g) location of assembly area; (h) copy of general liability insurance stating coverage; (i) security and traffic control provisions; (j) emergency medical provisions; and(k)a clean up plan. 5.15.050. Permit-Application-Filing. An application for a special event permit shall be filed with the Parks and Recreation Director at least five (5) 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 $1,000.00. 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 $1,000.00, the Parks and Recreation Director.shall refer the matter to the City Council for consideration. 5.15.070. Insurance Required. The applicant shall show proof of liability insurance with a combined single limit of one million dollars($1,000,000.00) per occurrence. Evidence of insurance shall be filed with the application and shall name the City of Spokane Valley as 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 reduce the liability limits. 5.1.5.080. Permit-Issuance Standards. The Parks and Recreation Director may issue a special event permit unless: (a) the time, route, and size 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. 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 ten (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 ordinance 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; (0 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. Ordinance 05-023 Amending SVMC 5.15 Special Events Page 2 of 3 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 ordinance. All adopted rules, policies and forms shall be filed with the City Clerk. 5.15.130. Violation/Penalty. Violation of this ordinance is a Class I Civil infraction. Section 2. Severability. If any section, subsection, sentence or clause of this chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining provisions of this chapter. • Section 3. Effective date. This Ordinance shall be in full force and effect five days after publication of this Ordinance or a summary thereof occurs in the official newspaper of the City as provided by law. Passed this 26th day of July,2005. 1)-(fil_44:ct W A E, :) - Diana Wilhite, Mayor hristine Bainbridge, City Clerk Approved As To Form: Cary P. Driskell, Deput, ity Attorney • Date of Publication: 08-05-05 Effective Date: 08-10-05 Ordinance 05-023 Amending SVMC 5.15 Special Events Page 3 of 3