HomeMy WebLinkAbout12/01/2009 19 Amendment to YMC 9.70 Parade and Special Event Permits - Transferring Permit Authority from YPD to CED BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. /
For meeting of: December 1, 2009
ITEM TITLE: Ordinance amending YMC 9.70, Parade and Special Event
Permits to transfer permit authority from Police Department to
Department of. Community and Economic Development; and
update various portions of the code
SUBMITTED BY: Wir m R: Cook, Director Community and Economic
evelopment
CONTACT PERSON/TELEPHONE: Joan Davenport, Planning Manager (576-6417)
Lawrence Wafters, Assistant Attorney
SUMMARY EXPLANATION:
On August 18, '2009 the City Council received a report from the Department of Community
Development regarding the status of the, permit process for Parade and Special Events (YMC 9.70).
The Yakima Police Department requested assistance in the processing of, these permits, due to limited
manpower resources. The report, was referred to the City Council Public Safety Committee for
recommendations. The Public Safety Committee met on September 9 and October 22, 2009 to provide
- -put. Staff also met on several occasions with representatives from the Committee for Downtown
akima to receive their comments and recommendations. The proposed ordinance-is revised from the
current municipal 'code for three main reasons:
(1) To move implementation from the Police Department.to the Department of Community and
Economic Development;
(2) To enhance clarity and efficiency in administraticin; and, .
-(3) To improve consistency with important developments in the law.
• a statement of the purpose of the ordinance and findings related to opportunities for
assembly and speech along with provisions to safeguard public safety, and, encompassing
the orderly flow of traffic, access for emergency and aid vehicles, management of
congestion, provisions for law enforcement, weather, hazardous conditions and other
factors.
• .a definition of "expressive activity" related to the exercise of constitutional rights;
• more specific requirements for traffic control, clean up and notification of adjoining property
owners;
• updating insurance and,indemnification requirements;
• clarification of conditions affecting the issuance of permits; and
• providing forexceptions to the permit reqUirements.
Ordinance X Other (Specify) Draft Revised Application Contract
Funding Source •
APPROVED FOR SUBMITTAL7 City Manager
STAFF RECOMMENDATION: Adopt the Ordinance
BOARD/COMMISSION/COMMI 1 1 EE RECOMMENDATION: Public Safety CornMittee
recommends approval
COUNCIL ACTION:
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ORDINANCE NO. 2009-
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AN ORDINANCE relating to parade and special events permits; amending Chapter
970 entitled "Parade and Special Event Permits" of the Yakima
Municipal Code to transfer the responsibility for the processing of
parade and special events permitS from the Police Department to
the Department of Community and Economic Development;
clarifying specific provisions in Chapter 970 concerning their
purpoae, conditions affecting issuance of a permit, exceptions,
and, insurance and indemnification requirements; and opecifioa||y
amending Sections 970.010. 870.020. 870.040. 970.060.
9J0O55. 9.70.060, 9.70.070, 9.80.080 and 9.70.090 and enacting
new sections S7U.UU6 and 97U1O0� '
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BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Sections 9.70.005 and 9.70.100 of the City of Yakima Municipal Code are
enacbad and sections 9.70.010. 9J0.020. 9 9.70.050. 9.70.065. 9.70.060.
970.070. 8]0.080 and 970.030 of the City of Yakima Municipal Code are amended to
read as foliows:
Chapter 9.70
PARADE AND SPECIAL EVENT PERMITS
Sections: �
9.70.005 Purpose and Findings.
S78.018Ponade permits, expnewsiveactivh�--Oefin�iono� Deleted: and l
9.70.020 Permits required.
9.7O.U3OOfenoeu. '
9.70.040 Civil penalty. _
37O.O5U Permit application.
970.055 Insurance and Indemnification required for certain events. '
9.70.060 Standards for issuance or denial of permit.
S.7U.U7U Notice of granting, denial orvariance.
9.70.080 Appeal procedure.
9.70.090 Modiflcation orrevocation of permit—Emergency.
S7U�1UUExoepUonohz the Parade and Special Event Permit Requirement
9.70.005
This Chapter is intend ed to establish procedures to provide fair and equal
access to free speech rights and opportunities for parades and special events
in the Citv, while at the same time preserving the safety of all persons,
minimizing disruptions in the orderly and safe circulation of traffic and
avoiding unreasonable risk of iniury or damaqe to parade and special event
participants, other oersons and property.
The City Council finds that hazards to participanbo, vehicles and
pedestrians increase when the free flow of traffic is impeded. Such hazards
are caused by decreased access for emergency and aid vehicles, an
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increase in the probability that collisions will occur due to increased traffic
donahy, an increase in obstructions to visibility for pedestrians and vehicles,
an increase in hazardous and/or unlawful driving behavior due to driver
impatience and an increase in the need for marival traffic control by police
of5cers, among other things. Management ofsignificant traffic congestion
requireothe use of police resources, which decreases the avai|abi|ib/n f such
police resources for other �� and police duties. Safety of pedestrians po r�a urcoo ro e traffic �n po oe u � a y o pe e ona on d
vehic|eo, therofore, requires that traffic is safely managed and that the free
fiow of traffic is facilitated to the fuJlest extent possible.
The City Council finds that the number of participants or marchers in a
roadway affects vehicular and pedestrian traffic safety. An insufficient
number of marchers on a roadway that is not readily visible to motorists, or
that contains gaps that motorists may try to drive through despite the
presence of poiice officers, creates an unreasonable trafflc hazard. in such
uaaeo, marchers shall be required to remain on sidewalks while police
provide traffic control at intersections. Conversely, a large number of
marchers on a sidewalk creates an urireasonable traffic hazard where the
number is so large that pedestrians or marchers are forced into lanes of
vehicular traffic. In such osoaa, marchers shall be required to remain in a
street or portions thereof while police restrict traffic to such portions, provided
that the number of marchers in the street is sufficiently large to avoid an
unreasonable traffic hazard,
The City Council finds that pedestrian and vehicular traffic safety relating to
the use of streets and sidewalks during a parade or special event depends
on factors such as the width of streets, traffic lanes and sidewalks; vehicular
speed limits; known traffic hazards or dangerous conditions; normal
anticipated vehicular and pedestrian traffic volume at the date, time and place '
of a proposed parade; the number and ocation of traffic contro} devices aIon
the route; whether access to or for emergency vehicles will be obstructed; the
number of qualified police personnel necessary and available to control traffic
in the surrounding area in xrder to prevent accidents or injury because of
congestion caused by the closure of the street; seasonal weather conditions
that may create hazardous conditions; actual weather conditions at the time
of the parade; the availability of alternate parade routea, dates or times; and
the availability of an adequate number of police personnel without unduly
hindering the ability of the Yakima Police Department to provide other
necessary police services.
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9.70.010 Parade, �pe�akevent _geg�lds. expressive activity— �
Definitions.
Wherever uaedinthischapte� the fo|�wingwords shaUhave the hd|owing
meanings:
A. "Parade" means any march or procession consisting of peop|e,
animals or vehic|es, or combinations thereof, except funeral promaeoiono,
upon any public street, sidewalk or e||ey, which does not comply with the
normal and usual traffic regulations or controls.
B. '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. hoira. foot races,
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bicycle rooes, and block parties. Private social gatherings which make no use
• of public streets other than for Iawful parking are not included.
C.
"Expressive activity" means conduct, the sole or principal object of
which is the expression of, dissemination or communication by verbni visual,
literary or auditory means of oOinions, views or ideas including but not limited
to public oratory and the distribution of literature. For purposes of this
chapter, expressive activity does not include sport events, fundraising events
or events the principal purpose of which is entertainment.
370.020 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 evend, unless a permit has been granted by the
,Director of the City of Yakima Department of Community and Economic Deleted: chief mpolice
Development or by appeal to the Litv .Mariaoer as provided _in �this �hap*��--_ - `
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Deleted:
• Any march, procession or picket line which complies with all normal and ``' Deleted: , manager
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usuo|tnaffioregu|abonoandoontrulsdoeonotreqbinamparadwpennit.
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9.70.030 Offenses.
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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 obstruct 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.
S7O.O4D Civil penalty.
In addition to and concurrent with any other penalty provided by law, a
person who violates Section 970.020 or Section 870.030(A) or (B)-of this
onde, is subject to assessment of a civil penalty in the amount of two- Deleted: twenty
hundnedandfiftydo||ocu.hzbedahahninedbythe,DirectorofCommunhYand-_-__.-'�' Deleted: chief ofpolice
Economic Development. The substance of the violation, including date,
p|mce.Umw.anddaocripdon6tunpennittedactivity • Deleted: violative conduct l
either personally served upon the violator or sent to the violator's last known
oddness, by certified mai|, restricted to delivery to the violator only.
' An appeal may be filed by the violator with the Yakima County District •
Court within thirty days of the violator's receipt of the civil penalty notice, as •
shown by the date of 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. •
• S7O.D6D Permit application. •
Applications for a parade or special event permit should be made thirty
days in advance, pf the date of such parade or special event; provided, -' oejeted: but m any event shall uo
hnwevwr, the pirector of Community and Economic Development may reduue ma«°m writing to the chief of police
at/n,mmurteenuaypmamanp,
or waive ouch,time limitation if, at the time the application is submitted, the ` --�---
J])re�orofCommunbv and Economic Development .a[�c�a1es��xe obi|dy��_ chief = police
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make reasonable preparations within less time than fourteen days. chief of police
Application for the permit shall ba made in writing ona form approved bythe `{•o=u�wu'u°
( /reobu c��ommundyandEcononn��eve|opmeotand�hg�curtoin'
+, ",,, _--' ---- Deleted: of police ]
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A. The noma, address and telephone number of the applicant; name,
address and telephone number of the sponsoring organization; nnme,
address and telephone number of any persons having charge or control of
such parade or special event; and
B. The purpose of such parade or special event, the date and time
when it is proposed to ,take place, the expected number of partkcipants Deleted: be conducted
ocation of assembly and disassembly of a parade, the ocation 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
speoio|event wU|assemble, ata�and terminate; and
1. For parades: a description of the type and nurnber of individual
Ooats, marching units, vehicles, animais and bands, including description of
any sound amp|ifivatipnequipment tube used; and
2. For special events: a site plan showinq the dimensions and plans for
any structure (inc|udinq, but not limited to, any bu||dinq, fence, barriers,
. bleachers, stalls, portable hoi|ato.tent orcano��tobeene�edinconnection
withtheevant
C. A statement that the applicant shall dehand, indemnify, and
otherwise o| c_ibLof Yakima, its elected officials officers, ____ ' -'{ Deleted: city
agents, emp|oyoestond,yo|untearo from 'andU
�dgimeor|kab�Y��r�i?g -'�' o,|e�u: . �-
homtheJC�Y's permission for, or the actual con��«�the -- parade oI- mm �x ao� -
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special event; `
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O. A statement that the applicant shall file prior to the day of a specia '/nwwtex: ] | � '
event at includes participation of _persons kl a sorSaces involving, '-`' Deleted: involving J
physical effort, a signed document from each participant waiving any and all
liability against the gitv of Yakima, its elected ftse lected officials, officers agents, ,.---- Deleted: city
employees and volunteers arising from the evord, which aQneenJeO�sha1|be-_---__' Deleted and
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in language approved bydhe]CdvAttonley., --------- --'
— Deleted: city
E If of alcoholic beverages are to be dispensed, evidence �a permit
issued by the State Liquor Control Board; permits may be necessary from Deleted: "=~'
various other agencies including but not limited to Yakima Health District,
Washjnqton State Labor and lndustries; and the Clean Air Authoritv:
F. When application is made for a block party in a residential
neighborhood involving closure of a street, such closure shall not be fcir more
than one city b|ook, nor for more than four hours, ending no later than ten
p.m. The application shall contain an agreement to such conditions by all
residents of the biock proposed for closure;
G. ° A traffic control plan including such other information as the Director .-'/ Deleted: Such other information ua
of and Economic Development deem necessary provide m°"hi�m police may deem
necessary to provde for the safe and -
for the safe and free flow of traffic. The applicant is responsible for obtaining '��flow �*^��
and installing all necessary tra��ccontrol devices. For parades and other
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movinq events, a police escort may be required.
H. The applicant will provide a written description of the clean-up pIan
including services for solid waste disposal and litter clean-up. The clean-up
plan will describe the number and location of waste receptacles to be
provided for the event. Failure to comply with the clean-up plan may result in
fees as described in Section 9.70.070(B).
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Notification of Adjoining Property Owners. For special events, the
applicant may be required to notify all property owners within 200 feet of the �
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panned event Iocation at Ieast seven days or more prior to the event and an
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Affidavit of Notice filed with the Department of Community and Economic
Development.
9.70.055 Insurance and Indemnification required for certain event .
A. In addition to any other requirement(s) imposed by this chapter, any
• .parade or special event involving participation of persons in'gameoor races
involving physical effort; or involving the use of live animais, 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 the
, applicant shall hovethefoUow|nq minmum insurance requirements:
1. Commercial General Liability: $1.000.000 per occurrence/
G2.000.000 aggregate combined single limit •|iabi|ib/ for bodily in|um and
property damage.
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-2. If Vehicles are involved in the event: aUbomobUe liability at
' %1.000.000 per occurrence combined single limit bodily injury and progeny
damage. This includes coverage for any owned, hired or non-owned
vehicles. If the sponsor of the event does not own the vehicles that will be •
used in the event, then only hired and non-owned auto liability will be
required, which can be included ori the commercial qeneral Iiabihty policy
3. • If Iiquor is served at the event: liquor liability ste$1.00O.0OOliability •
limit.
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4. The ap��antshaUprovidea certificate ofinsurance as proof of the
insurance required above that clearly states who provderio. the amount '
of coverage, the policy number, and when the policy and provisions provided
are in effect. Said policy shall be in effect for the duration of the permit. The
certificate of liability insurance policy shall name the City of Yakima, its
elected officio|a, officera, aqants, employees and volunteers as additional
' inounado, and shall contain a clause that the insurer will not cancel the
insurance without first qivinq the City thirty (30) calendar- days prior written
notice. The insurance shall be with an insurance cumpanv - oroompanies •
rated A-VI' or higher ih Best's Guide and admitted in the State of
Washington. If the City is damaqed by the failure of the applicant to maintain •
the above insurance or to notify the CitY, then the' applicant shall bear all
costs attributable thereto. An. expiration, cancellation, or revocation of the
insurance policy or withdrawal of the insurer from the insurance policy
automatically suspends the permit issued to the applicant until a new
insurance policy or reinstatement notice has been filed and approved as •
provided in this section. � � / ' oe|�eu;~m �mpm/cv
B. No later than two weeks prior to the event, the applicant shall file ''^ --� ----
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with the ,Director . of Community and Oeve|o�mer� evidence o�
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liability for v
y insurance coverage, � review. by the ,City Attorney, ^ with the i i -- �Y Of - /�� � Deleted:
Yakima, requirements �
of fcateOfVU
o� d*
in Y[NC87O.O55;Q above. Additional endorsements for host liquor liability - Deleted:
and/or produ�shobi0ynnaybe required, in the everd food, beverages and/or `' peuted its officers,
alcoholic beverages are to be dispensed. � agents named as additional intured
nu�*oanuun��mou,am /
C. The applicant shall .provide a signed statement that t�� ''~`~''~
� —',--' _ ---''' injury, and
applicant/responsible party shall pay the costs of services which th ......� coverage mmn amount not less than
Yakima is required to perform by reason management of street use of the ' one million dollars.
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• parade or special event, including but not limited tu, cleanup. ``.� Deleted: Provide
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Upon completion of the parade or special event, the,Director of Community, Deleted: chief of police
and Economic Development shall compile statement of account which shall
be mailed to the applicant/responsible party, payable within thirty days.
D. Waiver, Reduction orJnnneaow of Required Limits. The ,Director of _--'1 Deleted: / Reduction
Community and Economic Development may waive or reduce the inaunance om/�ed'c ni�mn���
requiremantsinoubaeot/on§/\ondBof�hioaoodon�when ' --
B, Deleted under the foliowing
Ihe Attorney ,deterrnines that the insurance limits are in excess of the | conditions:
reasonable risk presented bythe proposedparade orspecial event. -- ---- -- -- - `
E. The Director of Community. and Economic Oava|oomen�Ch Deleted: 1. The an
v officer of the sponsoring organization
Attorney may require additional insurance or hiqher Iimits of Ilability based on signs o verified statement that he
believes the event's purpose /yFirst
the risks associated with that event. Amendment expres5ion, and that the
F. As a further condition of the issuance of any permit, the applicant cost of obtaining insurance 5
shall defend, indamnify. and hold harmless the City, its elected officials, nnanc/m/v»umenm«mvmma^
' � ' applicant that uwould constitute all
officens, ogentu, employees and volunteers from and against any and all unreasonable burden on the right of
c|mimu. causes of action, damages, losses, and expenses of kind or me �,�Amonumo�o^w�os/vn. The
� � ,m�mon�onunmc/u�omena�oanu
no�uram/ha�ooev�r.inu|udinq but limited to, attorney's fees and court cost, address of two insurance agents v,
arising out of,. relatjnq to or resultinq from the parade or special event and/or oter source 01 insurance coverage
the application for the parade or special evenL uonm�eumde�,mm insurance
� p�mium�/oon�msu�nc^
G. The indemnification requirements set forth in this section shall not •
coverage; oil
be construed to apply to events permitted under this chapter involving o, The applicant o,e" officer mthe
sponsoring organization signs o
expressive activity which enjoy protection under the United States or • verified statement that insurance
Washington constitutions except that sponsors of such events shall be coverage m the limits required /s
required to redesign nr reschedule the parmi�edevent tonospondhoopaoifio impossible to obtain. The statement
shall include the name and address m
hoko, hazards and dangers to the public health and safety identified by the two m,",a"pvaoen�",omersnu�a
Director of Community and Economic Development as reasonably 0, 01 insuraflce coverage contacted; orll
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foreoeoab|eoonoaquanceoofthaevenL --- ---- -
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9.70.060 Standards for issuance ordenial ofpermit, (Deleted: attorne -- --
A. Standards for Issuance of Permit. Subject to the provisions of
subsections B and C of this waotimn, the minador of Communi and Deleted: chief m police _J
Economic Development wha!l issue a ponadeorapeoia\ event permit to any
applicant who complies with the requirements of Sections 9J0 and, ______ .-'/ Deleted: o=o
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 m\reoUor of Communi and Economin___ Deleted: chief mpolice
Development is authorized to close otraets, alleys and sidewalks aS are
reasonably necessary to accomplish the purpose of a special event or parade
but which woud not endanger or unreasonably inconvenience the public,
B. Conditions affecting issuance of permit. The Director of Community
and Economic Development may impose necessary and reasonable
conditions on the issuance of the permit which shall ensure the parade or
special event does not: •
1. substantially interrupt transportation or other vehicular and pedestrian
traffic -in the area of the proposed route:
2. cause any unreasonable conflict with construction or development in
the public ripht-of-way or at a public facilitv;
3. require the diversion of police and fire personnel and equipment from, •
their normal duties without provision% for such:
4. interfere with the movement of puKoe. hre. ambulance and other
emergency vehicles on the streets; or
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5. interfere with any other parade or special event for which an
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application is pendinq. .
C. Variances'. Pursuant to submission of a ,complete application a '' oelet=^ proper
parade or special event permit, thej]ine�or of Community and Economic _ ''' Deleted:
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Development may issue a permit which varies from the terms of the
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application pertaining to the time, place, line of march, duration, manner of ' �
using otraets, alleys and uidewa|ka, and assembly and divaooemb|y, all as
the ,Director of Community and Economic Development deem .'''/ Deleted: chief
because of traffic oonditiona, the physical condition of the proposed route of
the parade or event oihe, or the prior issuance of a permit for a parade or
special eyentwhichmaycmnMictwiththa thorwhi�hopp|ioodoniomode.
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O. Standards for Denial. The Director cfCommuni and Economic___._ '� ~. ' leted � �m�� l � /
Development shall deny an application for a parade or special event permit if:
1. .Any applicant fails or refuses comply with any provisions of this
oection, or refuses to agree to abide by or comply with all the terms or
conditions of the applicable permits: or
2. . The information in the application is found to be faise or nonexstent
in any materia! detail; or
3. mundy and Economic Develo9ment finds that .'.' my�e�,m`� �mnm�.� l
exists Nhereo�eor and present danger ofhcdcv�U
vdioonderinconne��n ' �
with the parade or special event for which the penn�� 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 un
danger to vehicular or pedestrian traffic.
970.070 Notice of grantirig denialor variance.
� been u
• Within seven days after submission of an application jo[a _parade �� Deleted: has oeo made
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special event permit, the 1 Director of Community and Economic Development Deleted: chie of police l
shall notify the applicant in writing by certified mail with return receipt
' requaoted, or by personal de|ivery, of the granting of the permit and of any
terms of the permit which may vary from the request of the apptication, or of
the denial of such permit and the reasons therefore. 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 in Sections
97DalLarid.9.78,DSOpf this ..hgpb..'...'' Deleted: nro .
Deleted: l
9.70.080 Appeal procedure. ' '
Upon denial by theirector ofCommunitvand Economic Development of .''\ Deleted: chief wpolice
a parade or special event permit application, or upon the issuance of a permit
which varies in its terms from the applicati�n, the applicant may appeal that
action to the ,CdvJNenaoer or his designee by filing with the pirector of..- Deleted: city
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Community and Economic Development or his agent a written notice of `‘. ' Deleted: manager
appeal within five days after personal delivery or mailing of the notice by the Deleted: police �- —
Director of Communi and Economic Oeve|o•men,, as provided in Section
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970,80 of this chapter. The notice of appeal shall contain the name and oe/ '� a '� u �u�pva�--- _�-
address of the app|\cant. together with a short written statement of the oe|e�u'
grounds for oppeoi � � � ' '{ Deleted: city l
The ,City Manager or his designate shall conduct ahearing and, based
-----����' Deleted: manager
upon the standards contained in Section 9.70,070 qflhis.. chgPba�.n]aK ____________
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reverse, affirm or modify the action of the ,Director of Community and Deleted: .
Economic Development �omwhich the appeal was taken. Such heohngahaU ��=� "*���nm��
be held no later than five days prior to the date requested for the parade or
special event. Notice of the date, dme, and place of such hearing at which
the appeal will be heard shall be given in writing by personal delivery or
certified mail with return receipt requested to the applicant no iess than five
days prior to the time of that hearing. In the event thej]inectorofCommunity .'''' Deleted: chief of police
and Economic Development educes pr waives . the thirty d Y..pe[iod' m
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in Section 970.0.0of this chaFier.noUcep and hearings provided
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in this section shall be given as quickly as possible in the discretion of the
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J]inao1or of Community and Economic Oeve|opment, but in no event shall '-' aeu��' ovucecmm
notice of a hearing be iess than twenty-four hours.
970.090 Modification or revocatiori 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 ,Director of Deleted: chief of police
Community and Economic Development at any time when by reason of
disaoter, public calamity, riot or other emergency, the pirector ofCommunhy Deleted: chief of police l
and Economic Development determines that the safety of the general public
• or parade or special event participants required such modification or
revocation. Prompt notice of such action modifying ar revoking a permit shali
be delivered in writing to the permittee by personal service or by certified mail
with return receipt
0.70.100 Exceptions to the parade and special event permit
requirement.
A. The following activities are exempt from the parade and special
event permit requirements:
1. Funerai processions by a iicensed mortuary or funeral home;
2. Aotivideo conducted by a governmental agency acting within the
scope of its authority;
3. With the exception of organized fund raisero, activity which take
. place on streets, sidama|ks, or other public rights-of-way owned or controlled
by the City indudinq, but not limited to, lawful picketing wherein applicable
traffic regulations, laws or controls are complied with;
4. Spontaneous assemblies or dehnonstnationo involving expressive
activity and which are occasioned by news or affairs coming into public
knowledge within five (5) days of such assembly or demonatration, provided
that the organizers thereof give written notice to the Director of Community
and Economic Development at least twenty four (24) hours prior .to such
assembly or demonstration. Such written notice shall contain all of the
following information:
a. The name, address and teiephone number of the person or persons
seeking to conduct the assembly or demonstration. This person or these
persons shall be considered a permittee for the purposes of this section;
b. The name, address and telephone number of the headquarters of
the ornanizahon, if any, and of the organizer or responsible head of such
organization by whom or on whose behalf the assembly or demonstration is
proposed to be conducted;
•
'O-
'
'- - c. The nama, address and telephone number of the person who will
'
chair the assembly or demonstration and who will be responsible for its
conduct.
d. The location and date of the proposed assembly or demonotration,
including the assembly area, disbanding areo, and the route to be traveled:
e. An estimate of the approximate number of persons who will be
participating in the assembly or demonstration and an estimate of the
approximate number of persons who will be observing the assembly or
demonstration,
`
f. The time at which the assembly or demonstration will start and
conclude,
q, The of security or other arrangements that will be provided to
assure that Participants are properly directed.
B. The Director of Community and Economic Development may
impose reasonable dme, place and manner restrictions on spontaneous
assembUes or demonstrations qoverned by this section.
C. The Director of Community and Economic Development may deny
permission to conduct a spontaneous assembly or demonstration if the
Director of Community and Economic Development makes a findinq requirinq
denial pursuant to section 9.70.070. Such finding by the Director of
Community and Economic Development shall be made no later than six (G)
hours before the scheduled start time for the event. If the Director of "
Community and Economic Development makes a finding pursuant to section
9.70.070. the Director of Community and Economic Development shall
immediately provide notice of the denia|, including the reason or reasons for
the denia|, by telephone to the permittee and shall also provide written notice
of the denial including the reason for the denial. If the permittee provides a
fax number for the purpose of receiving notices, the Director of Community
and Economic Development shall provide written notice of the denial by fax
immediately upon making the denial decision. In lieu of denial, the Director of
Community and Economic Development may propose to the applicant an
alternative dme, route, venue or manner of conducting the activity which
alternative would be acceptable to the City.
Section 2. If any seoUon, oubaecdon, peragraph, santenom, clause or phrase of this
ordinance is declared invalid or unconstitutional for any naason, such decision shall not
affect the validity of the remaining portions of this ordinance
Section 3. This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication on provided by law and by the City Chader�
PASSED BY THE CITY COUNC|L. signed and approved this day of
December, 2009.
David Edier, Mayor
ATTEST:
`
'9~
.
•
City Clerk
Publication Date:
Effective Date:
- 10
ORDINANCE NO. 2009-
AN ORDINANCE relating to parade and special events permits; amending Chapter
.9,70 entitled "Parade and Special Event Permits" of the Yakima
Municipal Code to transfer the responsibility for the processing of
parade and special events permits from the Police Department to
the Department of Community and Economic Development;
clarifying specific provisions in Chapter 9.70 concerning their
purpose, conditions affecting issuance of a permit, exceptions,
and, insurance and indemnification requirements; and specifically
amending Sections 9.70.010, 9.70.020, 9.70.040, 9.70.050,
9.70.055, 9.70.060, 9.70.070, 9.80.080 and 9.70.090 and enacting
new sections 9.70.005 and 9.70.100.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Sections 9.70.005 and 9.70.100 of the City of Yakima Municipal Code are
enacted and sections 9.70.010, 9.70.020, 9.70.040, 9.70.050, 9.70.055, 9.70.060,
9.70.070, 9.70.08.0 and 9.70.090 of the City of Yakima Municipal Code are amended to
read as follows:
Chapter 9.70
PARADE AND SPECIAL EVENT PERMITS
Sections:
9.70.005 Purpose and Findings.
9.70.010 Parade, special event permits, expressive activity—Definitions.
9.70.020 Permits required.
9.70.030 Offenses.
9.70.040 Civil penalty.
9.70.050 Permit application;
9.70.055 Insurance and Indemnification required for certain events.
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 Exceptions to the Parade and Special Event Permit Requirement
9.70.005 Purpose and Findings.
This Chapter is intended to establish procedures to provide fair and equal
access to free speech rights and opportunities for parades and special events
in the City, while at the same time preserving the safety of all persons,
minimizing disruptions in the orderly and safe circulation of traffic and
avoiding unreasonable risk of injury or damage to parade and special event
participants, other persons and property.
The City Council finds that hazards to participants, vehicles and
pedestrians increase when the free flow of traffic is impeded. Such hazards
are caused by decreased access for emergency and aid vehicles, an
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increase in the probability that collisions will occur due to increased traffic
density, an increase in obstructions to visibility for pedestrians and vehicles,
an increase in hazardous and/or unlawful driving behavior due to driver
impatience and an increase in the need for manual traffic control by police
officers, among other things. Management of significant traffic congestion
requires the use of police resources, which decreases the availability of such
police resources for other traffic and police duties. Safety of pedestrians and
vehicles, therefore, requires that traffic is safely managed and that the free
flow of traffic is facilitated to the fullest extent possible.
The City Council finds that the number of participants or marchers in a
roadway affects vehicular and pedestrian traffic safety. An insufficient
number of marchers on a roadway that is not readily visible to motorists, or
that contains gaps that motorists may try to drive through despite the
presence of police officers, creates an unreasonable traffic hazard. In such
cases, marchers shall be required to remain on sidewalks while police
provide traffic control at intersections. Conversely, a large number of
marchers on a sidewalk creates an unreasonable traffic hazard where the
number is so large that pedestrians or marchers are forced into, lanes of
vehicular traffic. In such cases, marchers shall be required to remain in a
street or portions thereof while police restrict traffic to such portions, provided
that the number of marchers in the street is sufficiently large to avoid an
unreasonable traffic hazard.
The City Council finds that pedestrian and vehicular traffic safety relating to
the use of streets and sidewalks during a parade or special event depends
on factors such as the width .of streets, traffic lanes and sidewalks; vehicular
speed limits; known traffic hazards or dangerous conditions; normal
anticipated vehicular and pedestrian traffic volume at the date, time and place
of a proposed parade; the number and location of traffic control devices along
the route; whether access to or for emergency vehicles will be obstructed; the
number of qualified police personnel necessary and available to control traffic
in the surrounding area in order to prevent accidents or injury because of
congestion caused by the closure of the street; seasonal weather conditions
that may create hazardous conditions; actual weather conditions at the time
of the parade; the availability of alternate parade routes, dates or times; and
the availability of an adequate number of police personnel without unduly
hindering the ability of the Yakima Police Department to provide other
necessary police services.
9.70.010 Parade, special event permits, expressive activity—
Definitions.
Wherever used in this chapter, the following words shall have the following
meanings:
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.
B. "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,
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bicycle races, and block parties. Private social gatherings which make no use
of public streets other than for lawful parking are not included.
C. "Expressive activity" means conduct, the sole or principal object of
which is the expression of, dissemination or communication by verbal, visual,
literary or auditory means of opinions, views or ideas including but not limited
to public oratory and the distribution of literature. For purposes of this
chapter, expressive activity does not include sport events, fundraising events
or events the principal purpose of which is entertainment.
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
Director of the City of Yakima Department of Community and Economic
Development 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.
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 obstruct 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 Section 9.70.030(A) or (B) of this
code, is subject to assessment of a civil penalty in the amount of two-
hundred and fifty dollars, to be determined by the Director of Community and
Economic Development. The substance of the violation, including date,
place, time, and description of unpermitted activity, shall be stated in a notice
either personally served upon the violator or sent to the violator's last known
address, by certified mail, restricted to delivery to the violator only.
An appeal may be filed by the violator with the Yakima County District
Court within thirty days of the violator's receipt of the civil penalty notice, as
shown by the date of 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.
Applications for a parade or special event permit should be made thirty
days in advance, of the date of such parade or special event; provided,
however, the Director of Community and Economic Development may reduce
or waive such time limitation if; at the time the application is submitted, the
Director of Community and Economic Development anticipates the ability to
make reasonable preparations within less time than fourteen days.
Application for the permit shall be made in writing on a form approved by the
Director of Community and Economic Development and shall contain:
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A. The name, address and telephone number of the applicant; name,
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
B. The purpose of such parade or special event, the date and time
when it is proposed to take place, 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
1. 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
2. For special events: a site plan showing the dimensions and plans for
any structure (including, but not limited to, any building, fence, barriers;
bleachers, stalls, portable toilets, tent or canopy) to be erected in connection
with the event;
C. A statement that the applicant shall defend, indemnify, and
otherwise hold harmless the City of Yakima, its elected officials, officers,
agents, employees and volunteers 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;
D. A statement that the applicant shall file prior to the day of a special
event that includes 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 elected officials, officers, agents,
employees and volunteers arising from the event, which agreement shall be
in language approved by the City Attorney;
E. If alcoholic beverages are to be dispensed, evidence of a permit
issued by the State Liquor Control Board; permits may be necessary from
various other agencies including but not limited to Yakima Health District,
Washington State Labor and Industries; and the Clean Air Authority;
F. When application is made for a block party in a residential
neighborhood 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
p.m. The application shall contain an agreement to such conditions by all
residents of the block proposed for closure;
G. A traffic control plan including such other information as the Director
of Community and Economic Development may deem necessary to provide
for the safe and free flow of traffic. The applicant is responsible for obtaining
and installing all necessary traffic control devices. For parades and other
moving events, a police escort may be required.
H. The applicant will provide a written description of the clean-up plan,
including services for solid waste disposal and litter clean-up. The clean-up
plan will describe the number and location of waste receptacles to be
provided for the event. Failure to comply with the clean-up plan may result in
fees as described in Section 9.70.070(B).
Notification of Adjoining Property Owners. For special events, the
applicant may be required to notify all property owners within 200 feet of the
planned event location at least seven days or more prior to the event and an
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Affidavit of Notice filed with the Department of Community and Econornic
Development.
9.70.055 Insurance and Indemnification required for certain events.
A. 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 consurnption, or use of alcoholic beverages the
applicant shall have the following minimum insurance requirements:
1. Commercial General Liability: $1,000,000 per occurrence/
$2,000,000 aggregate combined single limit liability for bodily injury and
property damage.
2. If vehicles are involved in the event: automobile liability at
$1,000,000 per occurrence combined single limit bodily injury and property
damage. This includes coverage for any owned, hired or non-owned
vehicles. If the sponsor of the event does not own the vehicles that will be
used in the event, then only hired and non-owned auto liability will be
required, which can be included on the commercial general liability policy
3. If liquor is served at the event: liquor liability at a $1,000,000 liability
limit.
4. The applicant shall provide a certificate of insurance as proof of the
insurance required above that clearly states who the provider is, the amount
of coverage, the policy number, and when the policy and provisions provided
are in effect. Said policy shall be in effect for the duration of the permit. The
certificate of liability insurance policy shall name the City of Yakima, its
elected officials, officers, agents, employees and volunteers as additional
insureds, and shall contain a clause that the insurer will not cancel the
•
insurance without first giving the City thirty (30) calendar days prior written
notice. The insurance shall be with an insurance company or companies
rated A-VII or higher in Best's Guide and admitted in the State of
Washington. If the City is damaged by the failure of the applicant to maintain
the above insurance or to notify the City, then the applicant shall bear all
costs attributable thereto. An expiration, cancellation, or revocation of the •
insurance policy or withdrawal of the insurer from the insurance policy
automatically suspends the permit issued to the applicant until a new
insurance policy or reinstatement notice has been filed and approved as
provided in this section.
B. No later than two weeks prior to the event, the applicant shall file
with the Director of Community and Economic Development evidence of
liability insurance coverage, for review by the City Attorney, with the City of
Yakima. The requirements of the certificate of liability insurance are set forth
in YMC 9.70.055(A) above. 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.
C. The applicant shall provide a signed statement that the
applicant/responsible party 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.
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Upon completion of the parade or special event, the Director of Community
and Economic Development shall compile a statement of account which shall
be mailed to the applicant/responsible party, payable within thirty days.
D. Waiver, Reduction or Increase of Required Limits. The Director of
Community and Economic Development may waive or reduce the insurance
requirements in subsections A and B of this section when
the City Attorney determines that the insurance limits are in excess of the
reisonable risk presented by the proposed parade or special event.
E. The Director of Community and Economic Development/City
Attorney may require additional insurance or higher limits of liability based on
the risks associated with that event.
F. As a further condition of the issuance of any permit, the applicant
shall defend, indemnify, and hold harmless the City, its elected officials,
officers, agents, employees and volunteers from and against any and all
claims, causes of action, damages, losses, and expenses of any kind or
nature whatsoever, including but not limited to, attorney's fees and court cost,
arising out of, relating to or resulting from the parade or special event and/or
the application for the parade or special event.
G. The indemnification requirements set forth in this section shall not
be construed to apply to events permitted under this chapter involving
expressive activity which enjoy protection under the United States or
Washington constitutions except that sponsors of such events shall be
required to redesign or reschedule the permitted event to respond to specific ‘,
risks, hazards and dangers to the public health and safety identified by the
Director of Community and Economic Development as reasonably
foreseeable consequences of the event.
9.70.060 Standards 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 Director of Community and
Economic Development shall issue a parade or special event permit to any
applicant who complies with the requirements of Sections 9.70.030 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 Director of Community and Economic
Development 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. Conditions affecting issuance of permit. The Director of Community
and Economic Development may impose necessary and reasonable
conditions on the issuance of the permit which shall ensure the parade or
special event does not:
1. substantially interrupt transportation or other vehicular and pedestrian
traffic in the area of the proposed route;
2. cause any unreasonable conflict with construction or development in
the public right-of-way or at a public facility;
3. require the diversion of police and fire personnel and equipment from
their normal duties without provisions for such;
4. interfere with the movement of police, fire, ambulance and other
emergency vehicles on the streets; or
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5. interfere with any other parade or special event for which an
application is pending.
C. Variances. Pursuant to submission of a complete application for a
parade or special event permit, the Director of Community and Economic
Development 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 Director of Community and Economic Development 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.
D. Standards for Denial. The Director of Community and Economic
Development shall deny an application for a parade or special event permit if:
1. Any applicant fails or refuses to comply with any provisions of this
section, or refuses. to agree to abide by or comply with all the terms or •
conditions of the applicable permits; or •
2. The information in the application is found to be false or nonexistent
in any material detail; or
3. The Director of Community and Economic Development 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 un-mitigatable
danger to vehicular or pedestrian traffic.
9.70.070 Notice of granting, denial or variance.
Within seven days after submission of an application for a parade or
special event permit, the Director of Community and Economic Development
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 request of the application, or of
the denial of such permit and the reasons therefore. 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 in Sections
9.70.080 and 9.70.090 of this chapter.
9.70.080 Appeal procedure.
Upon denial by the Director of Community and Economic Development 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 Director of
Community and Economic Development or his agent a written notice of
appeal within five days after personal delivery or mailing of the notice by the
Director of Community and Economic Development, as provided in Section
9.70.080 of this chapter. The notice of appeal shall contain the name and
address of the applicant, together with a short written statement of the
grounds for appeal.
The City Manager or his designate shall conduct a hearing and, based
upon the standards contained in Section 9.70.070 of this chapter, may
_ 7
reverse, affirm or modify the action of the Director of Community and
Economic Development from which the appeal was taken. Such hearing shall
be held no later than five days prior to the date requested 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
certified mail with return receipt requested to the applicant no less than five
days prior to the time of that hearing. In the event the Director of Community
and Economic Development reduces or waives the thirty-day period
mentioned in Section 9.70.060 of this chapter, notices and hearings provided
in this section shall be given as quickly as possible in the discretion of the
Director of Community and Economic Development, but in no event shall
notice of a hearing be less than twenty-four hours.
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 Director of
Community and Economic Development at any time when by reason of
disaster, public calamity, riot or other emergency, the Director of Community
and Economic Development determines that the safety of the general public
or parade or special event participants required such modification or
revocation. Prompt notice of such action modifying or revoking a permit shall
be delivered in writing to the permittee by personal service or by certified mail
with return receipt requested.
9.70.100 Exceptions to the parade and special event permit
requirement.
A. The following activities are exempt from the parade and special
event permit requirements:
1. Funeral processions by a licensed mortuary or funeral home;
2. Activities conducted by a governmental agency acting within the
scope of its authority;
3. With the exception of organized fund raisers, activity which take
place on streets, sidewalks, or other public rights-of-way owned or controlled
by the City including, but not limited to, lawful picketing wherein applicable
traffic regulations, laws or controls are complied with;
4. Spontaneous assemblies or demonstrations involving expressive
activity and which are occasioned by news or affairs coming into public
knowledge within five (5) days of such assembly or demonstration, provided
that the organizers thereof give written notice to the Director of Community
and Economic Development at least twenty four (24) hours prior to such
assembly or demonstration. Such written notice shall contain all of the
following information:
a. The name, address and telephone number of the person or persons
seeking to conduct' the assembly or demonstration. This person or these
persons shall be considered a permittee for the purposes of this section;
b. The name, address and telephone number of the headquarters of
the organization, if any, and of the organizer or responsible head of such
organization by whom or on whose behalf the assembly or demonstration is
proposed to be conducted;
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c. The name, address and telephone number of the person who will
chair the assembly or demonstration and who will be responsible for its
conduct;
d. The location and date of the proposed. assembly or demonstration,
including the assembly area, disbanding area, and the route to be traveled;
e. An estimate of the approximate number of persons who will be
participating in the assembly or demonstration and an estimate of the
approximate number of persons who will be observing the assembly or
demonstration;
f. The time at which the assembly or demonstration will start and
conclude;
g. The type of security or other arrangements that will be provided to
assure that participants are properly directed.
B. The Director of Community and Economic Development may
impose reasonable time, place and manner restrictions on spontaneous
assemblies or demonstrations governed by this section.
C. The Director of Community and Economic Development may deny
permission to conduct a spontaneous assembly or demonstration if the
Director of Community and Economic Development makes a finding requiring
denial pursuant to section 9.70.070. Such finding by the Director of
Community and Economic Development shall be made no later - than six (6)
hours before the scheduled start time for the event. If the Director of
Community and Economic Development makes a finding pursuant to section
9.70.070, the Director of Community and Economic Development shall
immediately provide notice of the denial, including the reason or reasons for
the denial, by telephone to the permittee and shall also provide written notice
of the denial including the reason for the denial. If the permittee provides a
fax number for the purpose of receiving notices, the Director of Community
and Economic Development shall provide written notice of the denial by fax
immediately upon making the denial decision. In lieu of denial, the Director of
Community and Economic Development may propose to the applicant an
alternative time, route, venue or manner of conducting the activity which
alternative would be acceptable to the City.
Section 2. If any section, subsection, paragraph, sentence, clause or phrase of this
ordinance is declared invalid or unconstitutional for any reason, such decision shall not
affect the validity of the remaining portions of this ordinance
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.
PASSED BY THE CITY COUNCIL, signed and approved this day of
December, 2009.
David Edler, Mayor
ATTEST:
- 9 -
City Clerk
Publication Date:
Effective Date:
- 10 -
k
;1 Y; DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
" . ` ' ,, Planning Division
;� '" 129 North Second Street, 2" Floor Yakima, Washington 98901
a �"' 3 ;;' (509) 575 -6183 Fax (509) 575 -6105
4 ti , . . . •. askplannin 7aci.yakima.wa.us www.buildingyakima.com
SPECIAL EVENT/PARADE PERMIT APPLICATION
YMC Ch. 9.70
To be submitted to the City Planning Division at Least 30 days (but no more than. One Year)
prior to the proposed event
Applicant Information ..
Name:
Sponsoring Agency:
.
Address (Street, City, Zip) n
Phone: Alternate Phone '' - ::: - I..,
E-mail:
shy
Type of Event
r Parade r Run/Walk r March r Block Party
r Demonstration r Exhibition r Organized Rally f Street Fair /Street Closure
r Motorcade r Other (specify)
Name or Title of Event:
Date: flours to 6 ,, : Number of Persons:
Location and Description of Event
a
i5
List any stree ),;proposed to lie closed:
4
Route to be travelled (if applicable):
1
APPLICATION REQUIREMENTS:
1. A Site Plan depicting (as applicable) the area of street closure; location of required barriers,
detour signs, etc.; route of march including staging and disbanding areas; location of
temporary structures; location of additional restrooms or garbage containers.
2. For Parades: a description of the type and number of individual floats, marching units,
vehicles, animals and bands, including a description of any sound amplification equipment to
be used.
3. For Special Events: the dimensions and plans for any structure including, but not limited to,
any building, fence, barrier, bleachers, stalls, portable toilets, tent or canopy to be erected in
connection with the event.
4. For a Block Party: A block party involving closure of a such closure shall not be for
more than one city block, nor for more than fouredingnO4ater than 10 pm. The
application shall contain an agreement to such conditions tions signed by allreSidents of the block
proposed for closure.
5. If alcoholic beverages are to be dispensed, evidefiee a permit issued by the State Liquor
Control Board.
6. A Traffic Control Plan is required for special events held, on public streets. The City will
decide what level of control is required4Standards will depend o the type of event held.
Compliance is the applicant responsibility
7. A Clean-Up plan is required for all events which addresses ' the timing of clean-up, and the
facilities and resources to be provided.
a. The City of Yakima Refuse Division should be contacted to supply durnpsters or
automated carts, for a fee Call 575-6005, #
Option or go to Public Works at 2301
Fruitvale Blvd to fihl out paperwork.
8. A signed affidavit for Notice of Adjoining Property Owners of Approved Event may be
required.
APPLICANT RESPONSIBILIT
Please obtain the appropriate license or permit from the appropriate agency if any of the
following are proposed:
1. Food and Beverages — Heath District and Business License
2. Alcoholic Beverages Control Board
3. Electricity Connection — Labor and Industry and Pacific
Power
4. 3 Street Federal Courthouse — US Marshall
5. Use of any City Park — City Parks Division at Public Works
6. Tents, Awning, Canopies, or other structures — Permit from City Codes Department
7. Use of Barricades or Signs — Private company such asNNational nal Barricade
8. Event in the Central Business District — CDY for coordination i and information
Liability Insurance Requirement: (THIS SECTION TO BE MODIFIED IN
ACCORDANCE WITH THE FINAL ORDINANCE LANGUAGE)
Unless excused from this requirement, prior to the issuance of any permit, the applicant shall file
with the Planning Manager evidence of liability insurance coverage, for review by the city
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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.
The applicant shall file, prior to the day of a special event involving participation 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, employees, and agents 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.
Hold Harmless Agreement:
As shown by the applicant's signature below and in consideration of the approval of this
application, the applicant hereby agrees to defend otherwise hold harmless the
City of Yakima, its officers, employees, and agents from any and all claims or Jiability arising
from the City's grant of permission for, or the actual conduct or. the parade or special event.
1 am aware of the terms and conditions ofthe.permit and will advise the participants in this event
of these terms and conditions.
;.; .
Applicant Signature: Date:
-44
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