HomeMy WebLinkAbout1995-004 Amending the traffic code • ORDINANCE NO. 95- 4
AN ORDINANCE relating to traffic; specifically relating to parade and special
event permits; amending Sections 9 70.010, 9 70.020, 9 70.050 and
9 70.060; enacting Section 9 70.055 as a new section, and repealing
Section 9 70.100 of the City of Yakima Municipal Code.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1 Section 9 70.100 of the City of Yakima Municipal Code is hereby
repealed.
Section 2 Section 9 70.010 of the City of Yakima Municipal Code is hereby
amended to read as follows:
"9.70.010 Parade and special event permits — Definitions.
Wherever used in this chapter, the following words shall have
the following meanings:
4 A. 'Parade' means any march or procession consisting of
people, animals or vehicles, or combinations thereof, except funeral
processions, upon any public street, sidewalk or alley, which does not
comply with the normal and usual traffic regulations or controls.
2 'Special event' means any activity which occurs on public
property or public right -of -way which affects the ordinary use of
public streets, rights -of -way or sidewalks. This includes, but is not
limited to, fairs, foot races, bicycle races, and block parties. Private
social gatherings which make no use of public streets other than for
lawful parking are not included."
Section 3 Section 9 70.050 of the City of Yakima Municipal Code is hereby
amended to read as follows:
"9.70.020 Permits required.
It is unlawful for any person to conduct a parade upon any public
street, sidewalk or alley, or to hold a special event, or to knowingly
participate in any such parade or special event, unless a permit has
been granted by the chief of police or by appeal to the city manager as
provided in this chapter Any march. procession or picket line which
complies with all normal and usual traffic regulations and controls does
not require a parade permit."
Section 4 Section 9 70.050 of the City of Yakima Municipal Code is hereby
amended to read as follows:
"9 70 050 Permit application and fcc.
Applications for a parade or special event permit should be made
30 days in advance. but in any event shall be made in writing to the
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• chief of police at least thirty fourteen (14) days in advance of the date of
such parade or special event; provided, however, the chief of police-,--in
his tl scrctio , may reduce or waive such time limitation for—any
)f. at the time the application is submitted,
the chief of police anticipates being able to make reasonable
preparations within less time than fourteen ( 1 41 days. Application for
the permit shall be made in writing on a form approved by the chief of
police and shall contain.
4 A. The name, address, and telephone number of the applicant;
name, and address and telephone number of the sponsoring
organization, name, address, and telephone number of any persons
having charge or control of such parade or special event; and
2 E. The purpose of such parade or special event, the date when
it is proposed to be conducted, the expected number of participants, the
location of assembly and disassembly of a parade, the location and extent
of public right -of -way or public property to be used or affected in a
special event, route to be traveled and the approximate time when the
proposed parade or special event will assemble, start, and terminate; and
a I. For parades: a description of the type and number of
individual floats, marching units, vehicles, animals and bands,
including description of any sound amplification equipment to be used,
and
b 2. For special events: the dimensions and plans for any
411 structure (including, but not limited to. any building. fence. barriers,
bleachers. stalls. portable toilets. tent QL canopy) to be erected in
connection with the event;
3. The date, no later than three weeks before the event, by
insurance coverage, for review by the city attorney, with the city of
- . • . . . -, - • - • _ .. .. ..
• t.,,yer-ages „ t„ b dis
4 C. A statement that the applicant shall defend, indemnify,
and otherwise hold harmless the city of Yakima, its officers, employees,
and agents from any and all claims or liability arising from the city's
grant of permission for, or the actual conduct of, the parade or special
event.
3 D. A statement that the applicant shall file prior to the day of
a special event involving participation of persons in games or races
involving physical effort, a signed document from each participant
waiving any and all liability against the city of Yakima, its officers,
agents, and employees arising from the event, which agreement shall
be in language approved by the city attorney
6 E. If alcoholic beverages are to be dispensed, evidence of a
• permit issued by the State Liquor Control Board. - - -
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8 E When application is made for a block party involving
closure of a street, such closure shall not be for more than one city
block, nor for more than four hours, ending no later than -ten 10:00 p.m.
The application shall contain an agreement to such conditions by all
residents of the block proposed for closure,
9 U. Such other information as the chief of police may deem
necessary to provide for the safe and free flow of traffic "
Section 5 Section 9 70.055 is hereby enacted as a new section of the City of
Yakima Municipal Code to read as follows:
"9.70.055 Insurance required for certain events.
In addition to any other requirement(s) imposed by this chapter,
any parade or special event involving participation of persons in games
or races involving physical effort; or involving the use of live animals,
wild or domestic; or involving the use of vehicles (except wheelchairs),
or provision or sale of beverages or food for human consumption, or use
of alcoholic beverages shall.
A. No later than two weeks prior to the event, file with the
chief of police evidence of liability insurance coverage, for review by
the city attorney, with the city of Yakima, its officers, employees, and
agents named as additional insured parties and affording death,
• personal injury, and property damage liability coverage in an amount
not less than one million dollars. Additional endorsements for host
liquor liability and /or products liability may be required, in the event
food, beverages, and /or alcoholic beverages are to be dispensed.
B Provide a signed statement that the applicant shall pay the
costs of services which the city of Yakima is required to perform by
reason of management of street use of the parade or special event,
including but not limited to, cleanup.
Upon completion of the parade or special event, the chief of
police shall compile a statement of account which shall be mailed to the
responsible party, payable within thirty days.
G Waiver or Reduction of Required Limits. The chief of
police may waive or reduce the insurance requirements in Section
9 70 055(A) under the following conditions:
1. The applicant or an officer of the sponsoring organization
signs a verified statement that he believes the event's purpose is First
Amendment expression, and that the cost of obtaining insurance is so
financially burdensome to that applicant that it would constitute an
unreasonable burden on the right of the First Amendment expression.
The statement shall include the name and address of two insurance
agents or other source of insurance coverage contacted to determine
insurance premium rates for insurance coverage; or
2. The applicant or an officer of the sponsoring organization
signs a verified statement that insurance coverage in the limits
required is impossible to obtain. The statement shall include the name
• and address of two insurance agents or other source of insurance
coverage contacted, or
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(1e)ord /parade permit jr
• 3. The city attorney determines that the insurance limits are
in excess of the reasonable risk presented by the proposed special
event."
Section 6 Section 9 70.060 of the City of Yakima Municipal Code is hereby
amended to read as follows:
"9.70.060 Standard for issuance or denial of permit.
A. Standards for Issuance of Permit. Subject to the provisions
of subsections B and C of this section, the chief of police shall issue a
parade or special event permit to any applicant who complies with the
requirements of Sections 9 70.040 and 9 70 055 of this chapter, the
issuance of which permit shall be conditioned upon the applicant's
written agreement to comply with the terms of the permit and all other
applicable laws. The chief of police is authorized to close streets, alleys,
and sidewalks as are reasonably necessary to accomplish the purpose of
a special event or parade but which would not endanger or
unreasonably inconvenience the public.
B Variances. Pursuant to a proper application being made
for a parade permit, the chief of police may issue a permit which varies
from the terms of the application pertaining to the time, place, line of
march, duration, manner of using streets, alleys and sidewalks, and
assembly and disassembly, all as the chief may deem necessary because
of traffic conditions, the physical condition of the proposed route of the
• parade or event site, or the prior issuance of a permit for a parade or
special event which may conflict with that for which application is
made.
and address of two insurance agents or other source of insurance
*acte
in excess of the reasonable risk presented by the proposed special
event.
D C Standards for Denial. The chief of police shall deny an
application for a parade or special event permit if
1. Any applicant fails or refuses to comply with any
1111 provisions of this section, or refuses to agree to abide by or
comply with all the terms or conditions of the permits; or
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(1s) ord /parade p.r.
• 2. The information in the application is found to be
false or nonexistent in any material detail, or
3. The chief of police finds that there exists a clear and
present danger of riot or civil disorder in connection with the
parade or special event for which the permit is sought; or
4. The special event will more probably than not
unreasonably interfere with vehicular or pedestrian traffic flow;
or
5. The parade will more probably than not create an
unmitigatable danger to vehicular or pedestrian traffic."
Section 7 This ordinance shall be in full force and effect 30 days after its
passage, approval, and publication as provided by law and by the City Charter
PASSED BY THE CITY COUNCIL, signed and approved this 2.4_thday of January ,
1995
ATTEST Assistant Mayor
Acting City Clerk
• Publication Date: 1/27/95
Effective Date: 2/26/95
•
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