HomeMy WebLinkAbout1991-3356 Parade and special event permits 3356
ORDINANCE NO.
111 AN ORDINANCE relating to traffic; specifically relating to
parade and special event permits; repealing
subsection B of Section 9.15.170 of the City of
Yakima Municipal Code; and amending Chapter 9.70
and Sections 9.70.010, 9.70.020, 9.70.030,
9.70.040, 9.70.050, 9.70.060, 9.70.070, 9.70.080,
and 9.70.090 and enacting Section 9.70.100 all of
the City of Yakima Municipal Code.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1: Subsection B of Section 9.15.170 of the City
of Yakima Municipal Code is hereby repealed.
Section 2: Simultaneous with the repeal of subsection B
of Section 9.15.170 of the City of Yakima Municipal Cade,
Chapter 9.70 of the City of Yakima Municipal Code and each
secti thereof, is hereby amended and 9.70.100 is hereby
eracted as a new section of the City of Yakima Municipal Code
to read as follows:
• "Chapter 9.70
PARADE AND SPECIAL EVENT PERMITS
Sections:
9.70.010 Parade and special event permits -- Definitions.
9.70.020 Permits required.
9.70.030 Offenses.
9.70.040 Civil penalty.
9.70.050 Permit application.
9.70.060 Standards for issuance or denial of permit.
9.70.070 Notice of granting, denial or variance.
9.70.080 Appeal procedure.
9.70.090 Modification or revocation of permit- -
Emergency.
9.70.100 Reimbursement of activity costs.
9.70.010 Parade and special event permits -- Definitions.
Wherever used in this chapter, the following words shall have
the following meanings:
1. '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.
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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.
7.70.020 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.
9.70.030 Offenses. A. It is unlawful for any person to
knowingly join or participate in any parade or special .event
conducted in violation of any term of any permit granted by
this chapter.
B. It is unlawful for any person to intentionally ob-
struct or interfere with the orderly progress or conduct of a
parade or special event conducted by virtue of a permit issued
pursuant to this section.
9.70.040 Civil penalty. In addition to and concurrent with
any other penalty provided by law, a person who violates
Section 9.70.020 or 9.70.030 A or B, of the City of Yakima
Municipal Code, is subject to assessment of a civil penalty in
the amount of $20.00, to be determined by the' chief of police.
The substance of the violation, including date, place, time, •
and description of violative conduct, shall be stated in a
notice either personally served upon the violator or sent to
the violator's last known address, by certified mail, re-
stricted to delivery to the violator only.
An appeal may be filed by the violator with the Yakima County
District Court within 30 days of the violator's receipt of the
civil penalty notice, as shown by the date signature of the
violator on the return receipt of the certified mail. The
civil penalty notice shall advise the violator of the right to
appeal and procedure.
9.70.050 Permit application and fee. Applications for a
parade or special event permit shall be made in writing to the
chief of police at least thirty days in advance of the date of
such parade or special event; provided, however, the chief of
police, in his discretion, may reduce or waive such time
limitation for any unexpected occasion or in the case of a
parade of visitors arriving in the City within less than the
thirty -day period preceding the date of such parade or special
event. Application for the permit shall be made in writing on
a form approved by the chief of police and shall contain
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1. The name, address, and telephone number of the appli-
cant; 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. 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 pro-
posed parade-Or special t =event will assemble.,,':start.; and i:termi-
nate; and
a. For parades: a description of the type and
number. cif ndiwiJdtia -f 1oats,: marching; .units, vehi :c1 es t :anima Is
and bands, including :description .r of any sound a mplification
equipment to- used; and- 9, r ;
- b. For-- special events: the dimensions and plans
for any structure Y(incl- udin.g tent or canopy)o be erected in
connection with'the event. #;
3. The date, no later than three -we.eks._before .the event,
by which the applicant shall file with the °police,.. chief evi-
dence 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 liabil-
ity may be required, in the event food,. beverages, and /or
alcoholic beverages are to be dispensed.
4. A statement that the applicant shall defend, indemni-
fy, and otherwise hold harmless the City of Yakima, its offi-
cers, 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.
5. 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 aris-
ing from the event, which agreement shall be in language
approved by the city attorney.
6. If alcoholic beverages are to be , dispensed, evidence
of a permit issued by the State Liquor Control Board.
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7. A 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. •
8. 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 10 p.m. The application shall contain an agreement to
such conditions by all residents of the block proposed for
closure. x';
-9. :: Such =other information !as -the. chief . ,of. ,police may
deem necessary to provide for the safe and free flow, of traf.
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9.70.060 - Standards f or issuance , ..o 1 L denia ,,,of,„ permit. A.
Standards for Issuances tof Permit:.; ,-:Subject! to;;,. ; provisigns
of subsection B and C of this section, .the chief of pai,ice
shall issue a parade or special event permit to any applicant
who complies with - the - requirements -of Section 9.70.040 of this
c.hapterr the 'i =ssuance of. which '_permit .°shall,; -be ; conditioned
upon the applicant's written agreement; 4.a comply, with
terms of the permit and all other applicable laws. The chief
of `police -iS:authorrized -to = c°lose , ;streets„ A11eys.,,fland t side-
walks as Fare reasunably "necessary .ta,!accompiish, - purpuse s erf
a special °event or parade but -which would not endanger or
unreasonably inconvenience the public._ ; � .
B. Variances. 'Pursuant to aoprope:r'application being 111
made for a parade permit, the chief of police may issue. .a
permit which varies from the termsxrof the application per-
taining to the time, place, 1'i.ne;of march, duration, manner ;of
using streets, alleys and 'sidewalks,.- and assembly and disas-
sembly, 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 issuance of a permit
for a parade or special event which may conflict with that for
which application is made.
C. Waiver or Reduction of Required Limits. The chief of
police may waive or reduce the insurance requirements in
Section 9.70.040 (4) under the following conditions:
1. The applicant or an officer of the sponsoring
organization signs a verified statement that 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
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2. The applicant war an officer of the sponsoring
organization signs a verified statement that insurance cover-
age 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
3. The city attorney determines that the insur-
ance limits are in excess of the reasonable risk presented by
the proposed special event.
D. Standards for Denial. The -chief of . police shall deny
an application for a parade or special event pe•rmi.t if :
1. Any applicant fails .or refuses to comply with
any provisions of this section, : }or- _refuses. to :agree. i „,to •1 ; abide
-by or ,comply ;with all the terms ,or; condi o af the E ger nits;
-
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 connec-
tion with the parade or special event for which the permit
sought; or ti . _ v
4. The special event will more probably than,not
unreasonably interfere with vehicular o _pedestrian traffic
flow; or -
• 5. The parade will more probably than not create
an unniitigatable danger to vehicular or pedestrian traffic.
9.70.070 Notice of granting, denial or variance. Within
seven days after an application has been made for a parade or
special event permit, the chief of police shall notify the
applicant in writing by certified mail with return receipt
requested, or by personal delivery, of the granting of the
permit and of any terms of the permit which may vary from the
regn -st of the application, or of the denial of such permit
and the reasons therefor. The notification given pursuant to
this section shall include a statement of the applicant's
right of appeal and an explanation of the appeal procedure
provided by Sections 9.70.070 and 9.70.080 of this chapter.
9.70.080 Appeal procedure. Upon denial by the chief of
police of a parade or special event permit application, or
upon the issuance of a permit which varies in its terms from
the application, the applicant may appeal that action to the
city manager or his designee by filing with the chief of
police or his agent a written notice of appeal within five
days after personal delivery or mailing of the notice by the
chief of police, as provided in Section 9.70.060 of this
chapter. The notice of appeal shall contain the name and
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address of the applicant, together with a short written state-
ment of the grounds for appeal.
The city manager or his designate shall conduct a hearing and, •
based upon the standards contained in Section 9.70.060 of
this chapter, may reverse, affirm or modify the action of the
chief of police from which the appeal was taken. Such hearing
shall be held no later than five days prior to the date re-
quested for the parade or special event. Notice of the date,
time, and place of such hearing at which the appeal will be
heard shall -be given in Writing by personal delivery or certi-
fied mail with return receipt -requested to the applicant- ,no
less than five days prior to the time of that hearing. In the
event the chief of - pol - lessens'.or waives the thirty -day
period ~ i menticned =iri Section : 9..70'.0'40 , of thi' chapter; notices
and hearings provided 'in "this `sect'ioW,sha11 be given. as quickt-
ly as possible in the discretion of the police chief, but y in
no event shall notice of a hearing be less than twenty -four
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9.70.090 Modification or revocation of permit -- Emergency.
Any permit for a parade or special event issued pursuant to
this -'section may be summarily revoked, or the terms thereof
modified, ' by the `"chief of pol ice' at any time when. ;byL =reason of
disaster, public calamity, riot or other emergency;: therchief
of police determines that the safety of the general public or
parade or special' event participants _required such modifica-
tion or revocation. Prompt notice of such action modifying or
revoking a permit shall be delivered in writing to the.sper-
mitee by personal service or by certified mail with return •
receipt requested.
9.70.100 Reimbursement of activity costs. Upon completion of
the parade or special event, the chief of police shall send to
all affected City of 'Yakima divisionsta form on each
such division shall report the cost the. activity or func-
tion" which that division was required to perform by reason of
management of street use of the parade or special event.
These costs shall be compiled and a statement of account
mailed to the applicant, payable within 30 days."
Section 3: 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.
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PASSED BY THE CITY COUNCIL, signed and approved this
13� of upr, 1 , 1991.
Mayor
ATTEST.
,S C,
City Clerk
Publication Date .dll(xlqi
Effective Date 5
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YAKIMA POLICE DEPARTMENT
APPLICATION FOR PARADE /SPECIAL EVENT
YMC - SECTION 9.70
Name of Applicant:
Address Phone
Sponsoring Organization
Address Phone:
Name of Person in Charge
Address Phone:
Purpose of Event
Date of Event
Time of Event Start/ End/
If this application is for a parade supply a figure for the
approximate number of participants expected and indicate the number
and types of units (vehicles, floats, bands, marching units, animals,
and a description of any sound amplification equipment to be used).
If this application is for a special event please provide a brief
narrative describing what you want to do and the dimensions and plans
for any structure (including tent or canopy) to be erected in
connection with the event
Location (If for a parade) time and location of assembly,
disassembly and proposed route
PARADES /MOTORCADES: It shall be the responsibility of the person in
charge of the parade /motorcade to see that all units have been
instructed as to time and place of assembly, disassembly and their
position in the procession. A representative from the sponsoring
organization will be present at the assembly location to assure the
event starts at the scheduled time and to assure units in the event
are not more than 50 feet apart. All rules and regulations as
specified in YMC 9.70 will be adhered to.
SPECIAL EVENT PERMITS: (Fairs, foot races, bicycle races and block
parties, etc.). 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 and will end no later than 10 p.m.
The application shall contain an agreement to such conditions by all
residents of the block proposed for closure. Sponsors will provide
their own barricades and these must meet M.U.T.C.D. standards. The
City does not have these devices to rent or loan. Noise levels must
conform to the City of Yakima noise ordinance. If alcoholic beverages
are to be dispensed, evidence of a permit issued by the State Liquor
Control Board shall be produced.
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• APPLICATION FOR PARADE /SPECIAL PERMIT
Page 2
LIABILITY INSURANCE REQUIREMENTS Unless excused from the liability
insurance requirement, the applicant shall file with the Chief of
Police, no later than three weeks prior to the event, 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 the 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.
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.
The applicant agrees to pay 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.
The Chief of Police may require additional information to provide for
the safe and free flow of traffic.
Hold Harmless Agreement As shown by the applicant's signature below
and in consideration of the approval of this application, the
• applicant hereby promises to 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.
Signature of Applicant Date:
Application Reviewed: _ Date:
(Traffic Sergeant)
Application Approved: Date:
(Chief of Police)
Application approved with following variance:
Date:
(Chief of Police)
Application denied for following reasons:
Date.
Alk (Chief of Police)
Distribution
Applicant
Traffic Engineers
Fire Department
File