HomeMy WebLinkAbout12/01/2015 20 Special Events and Parades; YMC Amendment Chapter 9.70 BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 20.
For Meeting of: December 1, 2015
ITEM TITLE: Ordinance making annual updates to YMC 9.70 - Special Events and
Parades
SUBMITTED BY: Sean Hawkins
Economic Development Manager
575 -6274
SUMMARY EXPLANATION:
This ordinance update includes routine changes to YMC 9.70 Special Events and Parades. As part of our
annual review of the contents of the ordinance, the City's insurance consultant, Wells Fargo Insurance
Services, reviewed the insurance requirements, limits, and language listed in the ordinance and found that it
will remain sufficient to protect the City in 2016. The ordinance changes are summarized below:
1) The inclusion of a $100 late fee for applicants that turn in their application three weeks or less in
advance of their event. Our code asks for a minimum of 45 calendar days. We often have applicants
come in two weeks in advance which does not allow sufficient time to make a full review of the
application.
2) We removed the requirement for the applicant to have a City business license.
3) We removed the notification requirement of using windshield flyers to notify parked cars about a
street closure the following day. We have found that posting signage on light posts and parking limit
signs to be more effective.
4) We changed the application wording to allow the Economic Development Manager to ask for
additional information in the application process. For example, our code doesn't ask for admission
costs to an event. Rather than change the code, we prefer to allow the Economic Development
Manager to make changes to the application information requirement.
5) We clarified and updated the fees for City services involved special events:
Created a $10 per tent fee for usage of the City's tents. This will help cover the cost of
annual maintenance, cleaning and part replacement on the tents which the City has spent
between $1,000 - $1,500 annually the last two years;
Requiring for profit events to pay 100% of City personnel services involved in their
events;
Revised the language of the ordinance which would ensure each applicant, whether
profit or non - profit, to pay 100% of utility services required for the event, including, but not
limited to water metering charges, garbage receptacles and cleanup charges. Our current code
reads that non - profits would pay 50% of these fees. Non - profits will still only pay 50% of
personnel costs involved with their events.
Resolution: Ordinance: X
Other (Specify):
Contract: Contract Term:
Start Date: End Date:
Item Budgeted: Amount:
Funding Source/Fiscal Impact:
Strategic Priority: Economic Development
Insurance Required? No
Mail to:
Phone:
APPROVED FOR
SUBMITTAL: City Manager
RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
Onipr Memo
11/241/2015
d Ordnance
D YMC 910 Olean wrslon rev 11/241/2015 Owpr Memo
Owpr Memo
11/23/2015
D YMC 910 Arxides Markup
ORDINANCE NO. 2015 -
AN ORDINANCE relating to special events; amending Chapter 9.70 of the Yakima
Municipal Code regarding permitting and administration of special
events.
WHEREAS, the City Council has previously adopted ordinances establishing
criteria for applications, permitting and administration of special events within the City of
Yakima, all as codified at Chapter 9.70 YMC; and
WHEREAS, the City Council finds and determines that such chapter should be
amended to clarify existing procedures and implement new procedures regarding special
events, specifically provisions in Sections 9.70.060, 9.70.090, 9.70.140, and 9.70.190
YMC, with such amendments set forth in Exhibit "A" attached hereto and incorporated
herein by this reference, and further shown in legislative format as set forth in Exhibit "B"
attached hereto and incorporated herein by this reference; and
WHEREAS, the City Council finds and determines that Chapter 9.70 YMC should
be amended as shown and set forth in Exhibit "A" attached hereto, and that such
amendment is in the best interest of residents of the City of Yakima and will promote the
general health, safety and welfare; now, therefore
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Chapter 9.70 of the Yakima Municipal Code is hereby amended to
read as set forth in Exhibit "A" attached hereto and incorporated herein.
Section 2. 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 1S day of December,
2015.
ATTEST: Micah Cawley, Mayor
Sonya Claar Tee, City Clerk
Publication Date:
Effective Date:
9.70.010
Chapter 9.70 9.70.270 Unlawful to conduct or promote
attendance at special event
SPECIAL EVENTS — PARADES without permit.
9.70.280 Other permits and licenses.
Sections: 9.70.290 Unlawful to sell goods in special
9.70.010 Definitions. event venue without
9.70.020 Special event permit required. authorization.
9.70.030 Exceptions to special event permit 9.70.295 Smoking prohibited.
requirement. 9.70.300 Cost recovery for unlawful special
9.70.040 Issuance of a special event permit event.
does not obligate city services. 9.70.310 Penalties for violations.
9.70.050 Priority of special event permit 9.70.010 Definitions.
issuance.
9.70.060 Time for filing application for Terms used in this chapter shall have the following
special event permit. meanings:
9.70.070 When application for special event (1) `City" means the city of Yakima.
permit is deemed complete. (2) "Demonstration" means a public display of group
9.70.080 Date of special event not opinion as by a rally or march, the principal purpose of
confirmed until notice of which is expressive activity.
confirmation issued. (3) "Economic development manager" means the
9.70.090 Content of special event permit economic development manager of the city, or his or her
application. designee, who shall be the special event coordinator for
9.70.092 No parking along route of the city.
established community parade. (4) "Established community parade" means a parade
9.70.100 Conditions affecting the issuance that has occurred annually for at least three years within
of an expedited special event the city and includes the following annual parades: Cinco
permit. de Mayo Parade, Memorial Day Parade, Sunfair Parade,
9.70.110 Reasons for denial of a special Veterans Day Parade, and Holiday Light Parade.
event permit. (5) "Event organizer" means any person who con -
9.70.120 Denial of a special event permit ducts, manages, promotes, organizes, aids, or solicits
application — Appeals from denial. attendance at a special event.
9.70.130 Display of special event permit (6) "Event management company" means an entity
required. with expertise in managing special events.
9.70.140 Contents of special event permit. (7) "Expressive activity" includes conduct the sole or
9.70.150 Economic development manager's principal object of which is the expression, dissemination,
action on special event permit or communication by verbal, visual, literary, or auditory
application. means of political or religious opinion, views, or ideas and
9.70.160 Insurance required to conduct for which no fee or donation is charged or required as a
special event. condition of participation in or attendance at such activity.
9.70.170 Waiver of insurance For purposes of this chapter, expressive activity does not
requirements. include sports events, including marathons, fundraising
9.70.180 Revocation of special event events, or events the principal purpose of which is enter -
permit. tainment.
9.70.190 Cost recovery for special events— ( "Gross revenues" means the sum of all revenues
Fees — Security deposit. received by an event organizer for a special event includ-
9.70.200 Effect of receipt of donations on ing, but not limited to, cash receipts, licensing, sponsor -
status of tax-exempt nonprofit ships, television, advertising and similar revenues, and
organizations. concessions.
9.70.220 Expressive activity special event. ( "March" means an organized walk or event
9.70.240 Delegation of city manager's whose principal purpose is expressive activity in service
authority. of a public cause.
9.70.250 City manager authorized to adopt (10) "Noncommercial special event" means any spe-
rules and regulations. cial event organized and conducted by a person or entity
9.70.260 Authorized special event vendors. that qualifies as a tax- exempt nonprofit organization, or a
427 (Yakima 7 -15)
9.70.020
special event whose principal purpose is expressive activ- ditions on the use of the special events venue based on the
ity. provisions of this chapter. The economic development
(11) "Parade" means any march or procession consist- manager shall coordinate the issuance of a special event
ing of people, animals or vehicles, or combinations permit with the special event service team and other pub -
thereof, except funeral processions, upon any public lic agencies through whose jurisdiction or property the
street, sidewalk or alley, which does not comply with the special event or portion thereof occurs and to issue a spe-
normal and usual traffic regulations or controls. cial event permit upon the concurrence of other public
(12) "Rally" means a gathering whose principal pur- agencies involved.
pose is expressive activity, especially one intended to (c) The economic development manager has author -
inspire enthusiasm for a cause. ity to issue one special event permit for any special event
(13) "Sidewalk" means that portion of a right -of -way, of continuing duration (such as a farmer's market sched-
other than the roadway, set apart by curbs, barriers, mark- uled to occur each weekend at the same location for a
ings, or other delineation for pedestrian travel. period of months), or a special event consisting of pro -
(14) "Sign" means any sign, pennant, flag, banner, grams with separate components requiring reoccurring
inflatable display, or other attention - seeking device. closures of a street or streets over a period of time or sea -
(15) "Special event service team" means representa- son. (Ord. 2013 -041 § 2 (part), 2013: Ord. 2012 -61 § 2
tives assigned by their respective department directors to (Exh. A) (part), 2012).
represent the interests of their department as it relates to
the issuance of special event permits. 9.70.030 Exceptions to special event permit
(16) "Special event" means any fair, show, parade, requirement.
run /walk, festival, or other publicly attended entertain- (a) Although not required to be issued a special event
ment or celebration which is to be held in whole or in part permit, an event organizer of an activity exempted from
upon publicly owned property or public rights -of -way, or this chapter is required to comply with all local, state and
if held wholly upon private property, will nevertheless federal laws and regulations governing public safety or
affect or impact the ordinary and normal use by the gen- health.
eral public of public property or public rights -of -way (b) The following activities are exempt from having
within the vicinity of such event. to obtain a special event permit:
(17) "Special event permit" means a permit issued (1) Parades, athletic events or other special events
under this chapter. that occur exclusively in city parks and are sponsored or
(18) "Special event venue" means that area for which conducted in full by any city of Yakima department;
a special event permit has been issued. (2) Funeral procession by a licensed mortuary;
(19) "Street" means any place that is publicly main- (3) Gatherings of one hundred or fewer people in a
tained and open to use of the public for purposes of vehic- city park, unless merchandise or services are offered for
ular travel, including highways. sale or trade to the public, in which case a special event
(20) "Tax- exempt nonprofit organization" means an permit is required;
organization that is exempted from payment of income (4) Temporary sales conducted by businesses, such
taxes by federal or state law and has been in existence for as holiday sales, grand opening sales, sidewalk sales, or
a minimum of six months preceding the date of applica- anniversary sales;
tion for a special event permit. (5) Garage sales, rummage sales, lemonade stands
(21) "Vendor" means any person who sells or offers to and car washes;
sell any goods, food, or beverages within a special event (6) Private events held entirely on private property
venue. (Ord. 2015 -006 § 1; Ord. 2013 -041 § 2 (part), that do not involve the use of or have an impact on public
2013: Ord. 2012 -61 § 2 (Exh. A) (part), 2012). property or facilities and that do not require the provision
of city public safety services;
9.70.020 Special event permit required. (7) Activities conducted by a governmental agency
(a) Except as provided elsewhere in this chapter, any acting within the scope of its authority or within a building
person or entity who conducts, promotes, or manages a owned by such governmental agency;
special event shall first obtain a special event permit from (8) Lawful picketing on sidewalks;
the economic development manager. (9) Activities and events conducted, sponsored or
(b) The economic development manager is autho- promoted by the Yakima Convention Center and the Cap -
rized to issue permits for special events occurring within itol Theatre occurring within and upon their respective
the city limits, pursuant to the procedures established in facilities; and
this chapter. The economic development manager is (10) Block parties, which must be applied for through
authorized to determine the special event venue. The eco- a separate, streamlined city process. (Ord. 2013 -041 § 2
nomic development manager may impose reasonable con - (part), 2013: Ord. 2012 -61 § 2 (Exh. A) (part), 2012).
(Yakima 7 -15) 428
9 70 040
9.70.040 Issuance of a special event permit does
not obligate city services.
Issuance of a special event permit under this chapter
does not obligate or require the city to provide city ser
vices, equipment, or personnel in support of a special
428 -1 (Yakima 7 -15)
9.70.050
event. (Ord. 2013 -041 § 2 (part), 2013: Ord. 2012 -61 § 2 cant shall not market or promote the event until the eco-
(Exh. A) (part), 2012). nomic development manager issues a written notice of
confirmation. (Ord. 2013 -041 § 2 (part), 2013: Ord. 2012-
9.70.050 Priority of special event permit issuance. 61 § 2 (Exh. A) (part), 2012).
Except for a special event sponsored by the city, prior-
ity shall be given for the issuance of a special event permit 9.70.090 Content of special event permit
to local tax- exempt nonprofit organizations operating in application.
and providing services to the citizens of the city. (Ord. The application for a special event permit should
2013 -041 § 2 (part), 2013: Ord. 2012 -61 § 2 (Exh. A) include the following:
(part), 2012). (1) The name, address, fax, cell, email address, and
office telephone number of the applicant;
9.70.060 Time for filing application for special (2) A certification that the applicant will be finan-
event permit. cially responsible for any city fees or costs that may be
(a) Except as otherwise provided in this chapter, a imposed for the special event;
preapplication meeting shall be held no less than six (3) The name, address, fax, cell, email address and
months in advance of a new special event and no less than telephone number of the event organizer, if any, and the
three months in advance of a repeat special event. Upon chief officer of the event organizer, if any. The applicant
good cause shown and provided that there is no significant shall provide such contact information for a person to
risk or burden to the city, the economic development man- serve as public liaison for the media and public. The appli-
ager may, in his or her discretion, allow a later preapplica- cant must designate a person as on -site liaison, who must
tion meeting. be present and available via cell phone during setup, tear -
(b) A complete application for a special event permit down and during the event. This person must have the
shall be filed with the economic development manager not authority to make decisions on behalf of the event orga-
less than forty-five calendar days before the time when it nizer and must be accessible to city staff, police and any
is proposed to conduct the special event. Upon good cause other identified individuals or organizations;
shown and provided that no risk or burden to the city (4) A list of emergency contacts that will be in effect
ensues, the economic development manager has discre- during the event, and the event web address, if any;
tion to allow a later filing. A late fee of $100 will be (5) If the special event is designed to be held by, on
assessed on any application submitted _less than three behalf of, or for any organization other than the applicant,
weeks before the scheduled event. the applicant for the special event permit shall file a
(c) An application for an expressive activity special signed, written communication from such organization:
event permit shall be filed with the economic development (A) Authorizing the applicant to apply for the special
manager no less than seven calendar days before the time event permit on its behalf;
when it is proposed to conduct the expressive activity spe- (B) Certifying that the applicant will be financially
cial event. Upon good cause shown and provided that no responsible for any costs or fees that may be imposed for
risk or burden to the city ensues, the economic develop - the special event;
ment manager may, in his or her discretion, allow a later (C) A copy of the tax exemption letter issued for any
filing. (Ord. 2013 -041 § 2 (part), 2013: Ord. 2012 -61 § 2 applicant claiming to be a tax- exempt nonprofit organiza -
(Exh. A) (part), 2012). tion; and
(6) All permit applications shall include:
9.70.070 When application for special event (A) A statement of the purpose of the special event;
permit is deemed complete. (B) A statement of fees to be charged for the special
An application for a special event permit is deemed event, including admissions fees;
complete when the applicant has provided all of the infor- (C) The proposed location for the special event;
mation required in YMC 9.70.090, including any addi- (D) Dates and times when the special event is to be
tional information required by the economic development conducted;
manager, and where city services are to be provided, the (E) The approximate times when assembly for, and
application has been approved by any involved city disbanding of, the special event is to take place;
department, or the special event service team, and the city (F) The proposed locations of the assembly or pro -
manager and the city council, if required. (Ord. 2013 -041 duction area;
§ 2 (part), 2013: Ord. 2012 -61 § 2 (Exh. A) (part), 2012). (G) The specific proposed site or route, including a
map, written narrative of the route, and a site safety plan.
9.70.080 Date of special event not confirmed until The site safety plan will include site layout, electrical and
notice of confirmation issued. water installations serving the event, with a description of
Notwithstanding the economic development man- any safety hazards and precautions for the event. For
ager's acceptance of a completed application, the date of
the event shall not be considered confirmed and the appli-
429 (Yakima 1 -14)
9.70.090
example, electrical cords should be taped down and trip- (N) The number of bands or other musical units and
ping hazards marked. Fire hazards should be identified, the nature of any equipment to be used to produce sounds
and where there is a hazard, safety provisions will be or noise. Events with outdoor entertainment, music and
approved by the code administration manager or his des- speeches (particularly those with amplified sound) shall
ignee. The city reserves the right to require an emergency not unreasonably impact neighboring residents or busi-
access corridor to be maintained on a street, or anywhere nesses. Proposed outdoor events with expected noise
else designated by the code administration manager, to impacts are required to provide a sound management plan
allow access by emergency vehicles. No materials which for controlling the type and volume of sound produced by
cannot be quickly removed or displaced (e.g., barricades) the event. The sound management plan shall be attached
can be situated in this corridor. Access to fire hydrants to the application. No event shall exceed a maximum deci-
shall not be obstructed. bel limit of ninety -five dB measured at the property line
The site safety plan will also include a traffic safety over a sustained period of ten minutes. During the site
plan. Traffic impacts must be identified. Special attention planning approval of the event, the effective property line
should be paid to ingress and egress of all residential prop- for sound approval will be determined. Outdoor music and
erty near the event or parade route. The economic devel- entertainment shall be limited to performing between the
opment manager and police department may assist with hours of ten a.m. and ten p.m. Exceptions to the time con -
developing a traffic safety plan which minimizes disrup- straints may be made if recommended by the economic
tions to business and residential traffic flows. Times and development manager and approved by the city manager.
locations of event activities should be planned to avoid The event producer /applicant is required to provide the
arterial access routes to neighborhoods and businesses. schedule of artists and entertainers to the city no later than
Applicants shall take appropriate measures to reduce forty-five days prior to the event or as soon as the artists
parking impacts and overflow into surrounding neighbor - are known to the event producer;
hoods. Vehicle movement on site may not be permitted (0) The number, type and location of portable sanita-
during times when the event is open to the public. tion facilities, including a description of the number and
The site safety plan will also include a security plan, location of waste receptacles, including receptacles for
including the number of persons proposed or required to disposal of food waste, wastewater and grease;
provide security, monitor or facilitate the special event, (P) Other equipment or services necessary to conduct
and provide spectator or participant control and direction the special event with due regard for participant and pub -
for special events using city streets, sidewalks, or facili- lic health and safety, including but not limited to accom-
ties. Security provisions and plans for the special event are modations for access and use by disabled persons;
subject to review and approval by the police department. (Q) Provisions for first aid or emergency medical ser-
The police department may require the event organizer to vices, or both, based on special event risk factors;
retain an off -duty Yakima police department officer or (R) Insurance and surety bond information;
officers to supplement and enhance the event organizer's (S) Any special or unusual requirements that may be
security personnel and security plan. The number of such imposed or created by virtue of the proposed special event
police officers shall be determined by the police chief activity;
based upon the type of event, anticipated number of (T) The marketing plan with proposed timelines asso-
attendees, plans for service and /or consumption of alco- ciated with marketing the activity to the general public,
hol, and other like criteria. The event organizer shall be together with proposed plan for signage advertising the
solely responsible to retain such officers through arrange- event. If a permit for street banner is requested, a complete
ments with the appropriate designated office of the application for such banner pursuant to Chapter 15.08
Yakima police department; YMC;
(H) The proposed site of any reviewing stands; (U) Event timeline documenting activities from event
(I) The proposed site for any disbanding area; setup to event tear -down;
(J) Proposed alternate routes, sites or times, where (V) Arrangements for parking of personal vehicles of
applicable; vendors, event promoters, event volunteers and event
(K) The approximate number of persons, animals or employees. Such parking shall not occur on any public
vehicles that will constitute the special event, and the parking lot or designated public parking space, and
number and types of vendors that will participate in the arrangements must be made by the event organizer with
event; providers of private parking facilities for the parking of
(L) The kinds of animals anticipated to be part of the such vehicles during the event and any cleanup. In order
special event; to preserve available excess public parking for persons
(M) A description of the types of vehicles to be used attending the event, the city may require applicant to
in the special event; obtain a sufficient number of parking spaces from provid-
ers of private parking facilities in the vicinity of the event
(Yakima 1 -14) 430
9.70.092
venue. The number of required private parking spaces manager. The city may require approval of the content of
shall be determined by the city using the following fac- the written notification and proof of its delivery to
tors: (i) the number of persons anticipated to attend and impacted residents and businesses. Notifications must
participate in the event, including event volunteers, include the date of the event or parade, the hours the event
employees, contractors and vendors; (ii) the number of or parade will affect business activity in the area and an
available private parking spaces available from private event contact for questions. The acceptable ways to notify
parking providers in the vicinity of the event venue; (iii) businesses are: (a) a letter mailed to each location, or (b) a
whether the applicant has made arrangements for shuttling notice hand- delivered to each affected location. Events,
attendees and participants to and from the event from a parades and other special events, such as jogging events,
parking area outside the near vicinity of the event venue; requiring removal of access to public parking along the
(W) The location of vendors and vending areas, and event location or the route, require notification by the
the location of tents, canopies, stages and associated view- event organizer five days in advance of the event.
ing areas, together with necessary or appropriate accom- (AA) Any other information or permit required for the
modations for access and use by disabled persons; event or by the economic development manager to
(X) If alcohol is to be provided, sold or served, the enable him or her to timely or
event organizer shall obtain, maintain and comply with adequately process the application. (Ord. 2013 -041 § 2
the applicable liquor license or permit issued by the Wash - (part), 2013: Ord. 2012 -61 § 2 (Exh. A) (part), 2012).
ington State Liquor Control Board, and shall provide a
copy of such license or permit to the city. The application 9.70.092 No parking along route of established
shall include a description of all points of sale or service community parade.
of alcoholic beverages within the site venue, together with No vehicle shall be parked on city streets and rights -of-
any designated and controlled areas of consumption (such way designated and approved as the parade route for an
as cordoned "beer garden "). For special events that established community parade during the time the parade
include the provision, sale or service of alcoholic bever- is scheduled to occur and for a period of two hours preced-
ages, the event organizer must additionally comply with ing the start of the parade. Vehicles parked upon the
the alcohol event insurance requirements of YMC streets and rights -of -way designated as the parade route
9.70.160; during such times are subject to tow by the city at the
(Y) The city will provide and require the use of avail- expense of the owner. The applicant will comply with the
able city tents, canopies or other equipment or fixtures notification requirements of YMC 9.70.090(6)(AA) to
bearing the brand of the city, to be used by the applicant notify affected businesses and property owners, and post
for the event. The city will charge a security deposit for appropriate notices on vehicles parked along the parade
the use of such tents, canopies or other equipment or fix- route. (Ord. 2015 -006 § 2, 2015).
tures in accordance with a schedule of fees and charges
maintained by the city. The number of required city tents 9.70.100 Conditions affecting the issuance of an
and /or canopies shall be determined by the city based on expedited special event permit.
the number of persons expected to attend and participate (a) Where the event organizer has not requested and
in the event. The city reserves the right to grant or deny the special event does not require city services, equip -
permission to use such tents, canopies and equipment, or ment, or personnel, the economic development manager
to limit or condition such use, in its sole discretion. The may issue an expedited special event permit when, based
city may provide use of city street barricades, traffic upon the completed application, all of the conditions listed
cones, lane divider poles and traffic safety vests and other in this section are met:
similar equipment, subject to availability and appropriate (1) The special event will not substantially interrupt
security deposit; public transportation or other vehicular and pedestrian
(Z)Notification Plan. All residents and businesses traffic in the area of its route;
within three hundred feet of the event venue shall be noti- (2) The special event will not cause an irresolvable
fied in writing of the event date, planned hours of opera- conflict with construction or development in the public
tion and event content no less than fourteen days prior to right -of -way or at a public facility;
the event. In the case of a parade, all businesses must be (3) The special event will not block traffic lanes or
notified along the parade route and within three hundred close streets during peak commuter hours on weekdays
feet of the staging or break -down area. The notification between seven a.m. to nine a.m. and four p.m. to six p.m.
zone may be limited or extended based on potential on streets designated as arterials by the city's public works
impacts to be determined by the economic development department;
430 -1 (Yakima 7 -15)
9.70.110
(4) The special event will not require the diversion of (1) The special event will create the imminent possi-
police employees from their normal duties; bility of violent disorderly conduct likely to endanger pub -
(5) The concentration of persons, animals or vehicles lic safety or to result in significant property damage;
will not unduly interfere with the movement of police, (2) The special event will violate public health or
fire, ambulance, and other emergency vehicles on the safety laws;
streets; (3) The special event fails to conform to the require -
(6) The special event will move from its assembly ments of law or duly established city policy;
location to its disbanding location expeditiously and with- (4) The applicant demonstrates an inability or unwill-
out stopping en route; ingness to conduct a special event pursuant to the terms
(7) The special event will not substantially interfere and conditions of this chapter;
with any other special event for which a permit has (5) The applicant has failed to conduct a previously
already been granted or with the provision of city services authorized or exempted special event in accordance with
in support of other scheduled special events or unsched- law or the terms of a permit, or both;
uled governmental functions; and (6) The applicant has not obtained the approval of
(8) The special event will not have significant any other public agency within whose jurisdiction the spe-
adverse impact upon residential or business access and cial event or portion thereof will occur;
traffic circulation in the same general venue. (7) The applicant has failed to provide an adequate
(b) If the provisions in subsection (a) of this section first aid or emergency medical services plan based on spe-
are met, and the requested special event is to occur entirely cial event risk factors; or
within any area designated by the city as an approved spe- (8) The applicant has failed to pay all fees due from
cial event venue, the economic development manager may previous special events.
issue a special event permit pursuant to this section when (c) The economic development manager may deny a
the attendance at such event is reasonably anticipated to special event permit to an applicant who has failed to com-
be less than two thousand persons, and the event organizer ply with any term of this chapter or with any condition of
has secured adequate private parking facilities for the pri- a special event permit previously issued to the applicant.
vate vehicles of event employees, vendors, entertainers, (Ord. 2013 -041 § 2 (part), 2013: Ord. 2012 -61 § 2 (Exh.
and other event personnel. A) (part), 2012).
(c) In order to ensure that the conditions in this sec-
tion are met, the economic development manager may 9.70.120 Denial of a special event permit
place conditions on the special event permit. The provi- application — Appeals from denial.
sions of YMC 9.70.190, cost recovery and security (a) If the economic development manager denies the
deposit, will apply. (Ord. 2013 -041 § 2 (part), 2013: Ord. application for the special event permit, pursuant to this
2012 -61 § 2 (Exh. A) (part), 2012). section, he or she shall notify the applicant in writing as
soon as is reasonably practicable.
9.70.110 Reasons for denial of a special event (b) The denial of a special event permit may be
permit. appealed to the city manager or his or her designee.
(a) The economic development manager may deny a (c) An appeal shall be made in writing within seven
special event permit to an applicant who has not: calendar days of the date of the written denial. An appeal
(1) Provided for the services of a sufficient number of is made by filing a written petition with the economic
trained and certified traffic controllers; development manager, setting forth the grounds for appeal
(2) Provided sufficient monitors for crowd control and any documentation in support of the appeal.
and safety two weeks prior to the event date; (d) The city manager shall consider and decide the
(3) Provided sufficient safety, health, or sanitation appeal as soon as is reasonably practicable and issue a
equipment services, or facilities that are reasonably neces- written decision. (Ord. 2013 -041 § 2 (part), 2013: Ord.
sary to ensure that the special event will be conducted with 2012 -61 § 2 (Exh. A) (part), 2012).
due regard for safety;
(4) Provided sufficient off -site parking or shuttle ser- 9.70.130 Display of special event permit required.
vice, or both, when required, to minimize any substantial A copy of the special event permit shall be displayed in
adverse impacts on general parking and traffic circulation the special event venue in the method prescribed by the
in the vicinity of the special event; or economic development manager applicable to the particu-
(5) Met all of the requirements for submitting an lar special event and shall be exhibited upon demand of
application for a special event permit. any city official. (Ord. 2013 -041 § 2 (part), 2013: Ord.
(b) The economic development manager may deny a 2012 -61 § 2 (Exh. A) (part), 2012).
special event permit if in the economic development man-
ager's opinion:
(Yakima 7 -15) 430 -2
9.70.140
9.70.140 Contents of special event permit.
(a) The city may condition the issuance of a special
event permit by imposing reasonable requirements con-
cerning the time, place and manner of the event, and such
requirements as are necessary to protect the safety and
rights of persons and property, and the control of traffic. A
special event permit may include the following infol>-na-
tion or conditions:
(1) The location of the special event venue, which
may be identified by a map attached to the special event
permit;
(2) The date, assembly area, time for assembly, and
starting and completion time of the special event and any
admission cost;
(3) The specific route plan of the special event;
430 -2a (Yakima 7 -15)
(4) The minimum and maximum speeds of the spe- rity deposit as determined appropriate by the economic
cial event; development manager pursuant to YMC 9.70.190.
(5) The number and types of persons, animals, and (d) As a condition of the issuance of a special event
vehicles or structures at the event; the number of bands, permit, the city may require execution of a special event
other musical units, and equipment capable of producing agreement setting forth the terms and conditions of the
sound, if any; and limitations thereon pertaining to noise special event and special event permit. (Ord. 2013 -041 § 2
abatement, and inspection and approval of floats, struc- (part), 2013: Ord. 2012 -61 § 2 (Exh. A) (part), 2012).
tures, and decorated vehicles for fire safety;
(6) The maximum interval of space to be maintained 9.70.150 Economic development manager's
between booths or other structures to be used for the spe- action on special event permit
cial event; application.
(7) The portion of the street and sidewalk that is to be (a) Except as otherwise provided in this section, the
occupied by the special event; economic development manager shall take final action
(8) The location of reviewing or audience stands, if upon a completed application for a special event permit as
any; soon as practicable.
(9) The number and location of traffic controllers, (b) The economic development manager is not
monitors, other support personnel and equipment, and required to take final action upon any special event permit
barricades to be furnished by the economic development application prior to one hundred eighty calendar days
manager; before the special event.
(10) The area and time for disbanding; (c) The economic development manager is not
(11) The conditions or restrictions on the use of alco- required to take final action on an incomplete or untimely
holic beverages and authorization for and conditions of special event permit application.
the exclusive control or regulation of vendors and related (d) Final action on a completed special event permit
sales activity by the event organizer during the special application shall consist of one of the following:
event; (1) Issuance of a special event permit in accordance
(12) The provisions for any required emergency med- with the terms of the application; or
ical services, accommodations for access by disabled per- (2) Issuance of a special event permit in accordance
sons, site safety and site security; and with the terms of the application, as conditioned by the
(13) Such other information and conditions as are rea- economic development manager or as modified by mutual
sonably necessary for the conduct of the special event and agreement between the economic development manager
the enforcement of this chapter, including the requirement and the applicant; or
for a professional event management company to produce (3) Denial of the special event permit application by
an event or for the on -site presence of the event organizer the economic development manager. (Ord. 2013 -041 § 2
or its designated representative for all special event coor- (part), 2013: Ord. 2012 -61 § 2 (Exh. A) (part), 2012).
dination and management purposes.
(b) As a condition of the issuance of a special event 9.70.160 Insurance required to conduct special
permit, the applicant shall be required to do a walk- event.
through of the event site with the economic development A. In addition to any other requirement(s) imposed
manager prior to the event, and make adequate provisions by this chapter, for any parade or special event involving
for cleaning the area or route of the special event both participation of persons in games or races involving phys-
during and upon completion of the special event and to ical effort; or involving the use of live animals, wild or
return the area or route to the same condition of material domestic; or involving the use of vehicles (except wheel -
preservation and cleanliness as existed prior to the special chairs); or provision or sale of beverages or food for
event. The city may take photographs of the site showing human consumption; or use of alcoholic beverages, the
the preevent condition of the site, and shall maintain such applicant shall have the following minimum insurance
photographs in the event file. For special events occurring requirements:
within and upon city - designated special event sites, the 1. Commercial General Liability (Occurrence
city shall maintain a file of photographs, updated as the Form). One million dollars per occurrence /two million
city deems appropriate, to show preevent condition of the dollars aggregate combined single limit liability for bodily
site. The applicant is responsible to inspect the proposed injury and property damage. If other than the standard CG
event site, and shall represent in the application that the 00 01 form is used, the policy shall be furnished to the city
photographs represent an accurate depiction of the attorney for review and may be rejected based upon the
preevent condition of the site. specified policy exclusions. If animals are included in the
(c) As a condition of the issuance of a special event event, no animal exclusion will be allowed or approved.
permit, the applicant shall be required to provide a secu-
430-3 (Yakima 1 -14)
9.70.170
The policy shall not contain an assault and battery exclu- account which shall be mailed to the applicant/responsible
sion. party, payable within thirty days.
2. If sponsor owned or rented vehicles are involved D. Waiver, Reduction or Increase of Required Lim -
in the event: automobile liability at one million dollars per its. If the special event is of a demonstrated high or low
occurrence combined single limit bodily injury and prop- risk category, according to recognized insurance and risk
erty damage. This includes coverage for any owned, hired management standards, the economic development man-
or non -owned vehicles. If the sponsor of the event does ager, on the advice of the city attorney or city's risk man -
not own the vehicles that will be used in the event, then ager, may authorize a greater or lesser amount of coverage
only hired and non -owned auto liability may be required, than otherwise required, or may require a particular type
which can be included on the commercial general liability of insurance coverage different from that specified in this
policy. section.
3. If liquor is served at the event: liquor liability cov- E. As a further condition of the issuance of any per -
erage shall be required at a one - million - dollar liability mit, the applicant shall defend, indemnify, and hold harm -
limit. less the city, its elected officials, officers, agents,
4. The applicant shall provide a certificate of insur- employees and volunteers from and against any and all
ance as proof of the insurance required above that clearly claims, causes of action, damages, losses, and expenses of
states who the provider is, the amount of coverage, the any kind or nature whatsoever, including but not limited
policy number, and when the policy and provisions pro- to attorney's fees and court cost, arising out of, relating to
vided are in effect. Said policy shall be in effect for the or resulting from the parade or special event and /or the
duration of the permit. The certificate of liability insur- application for the parade or special event.
ance policy shall name the city of Yakima, its elected offi- F. The indemnification requirements set forth in this
cials, officers, agents, employees and volunteers as section shall not be construed to apply to events permitted
additional insureds, and shall contain a clause that the under this chapter involving expressive activity which
insurer will not cancel the insurance without first giving enjoys protection under the United States or Washington
the city prior written notice. The insurance shall be with an Constitutions except that sponsors of such events shall be
insurance company or companies rated A -VII or higher in required to redesign or reschedule the permitted event to
Best's Guide and admitted in the state of Washington, or respond to specific risks, hazards and dangers to the public
an A -VII rated approved surplus lines carrier. If the city is health and safety identified by the director of community
damaged by the failure of the applicant to maintain the and economic development as reasonably foreseeable
above insurance or to notify the city, then the applicant consequences of the event.
shall bear all costs attributable thereto. An expiration, can- G. The insurance required by this section shall
cellation, or revocation of the insurance policy or with- encompass all liability insurance requirements imposed
drawal of the insurer from the insurance policy for other permits required under other sections of this
automatically suspends the permit issued to the applicant chapter and is to be provided for the benefit of the city and
until a new insurance policy or reinstatement notice has not as a duty, express or implied, to provide insurance pro -
been filed and approved as provided in this section. tection for spectators or participants. (Ord. 2013 -043 § 1
B. No later than thirty days prior to the event, unless (Exh. A), 2013: Ord. 2013 -041 § 2 (part), 2013: Ord.
the economic development manager for good cause mod- 2012 -61 § 2 (Exh. A) (part), 2012).
ifies the filing requirements, the applicant shall file with
the economic development manager evidence of liability 9.70.170 Waiver of insurance requirements.
insurance coverage, for review by the city attorney. A (a) Except for special events where the sale of alco-
complete copy of the policy will be furnished to the city holic beverages is authorized, the insurance requirements
attorney if requested. The requirements of the certificate of YMC 9.70.160 may be waived. In making the determi-
of liability insurance are set forth in subsection A of this nation of whether to waive insurance, the city shall con -
section. Additional endorsements for host liquor liability sider the following factors:
and /or products liability may be required, in the event (1) Whether it is an expressive activity special event
food, beverages and /or alcoholic beverages are to be dis- governed by YMC 9.70.220;
pensed. (2) Whether it is objectively impossible to obtain
C. The applicant shall provide a signed statement insurance coverage;
that the applicant/responsible party shall pay the costs of (3) Whether the special event will involve the use of
services which the city of Yakima is required to perform equipment (other than sound equipment), vehicles, ani-
by reason of management of street use of the parade or mals, fireworks, or pyrotechnics; or
special event, including but not limited to cleanup. Upon (4) Whether a fee or donation is charged or required
completion of the parade or special event, the economic as a condition of admission or participation in the special
development manager shall compile a statement of event.
(Yakima 1 -14) 430 -4
9.70.180
(b) To claim that it is objectively impossible to obtain B. City Services Permit Fee. Upon approval of an
insurance coverage pursuant to this section, the applicant application for a permit for a special event not protected
shall submit a statement from at least two independent under the First and Fourteenth Amendments of the U.S.
licensed insurance brokers demonstrating the insurance is Constitution, the economic development manager should
unavailable in the marketplace. provide the applicant with a statement of the estimated
(c) Even though insurance is waived, the city may cost of city services, equipment and materials used or pro -
require the event organizer of a special event to defend, vided by city in providing traffic control and management
indemnify, and hold harmless the city from any claim or for parades and vehicle events, and permit fees. Also
liability arising from the special event. (Ord. 2013 -041 § 2 exempt from the special event permit fee are the commu-
(part), 2013: Ord. 2012 -61 § 2 (Exh. A) (part), 2012). nity events listed as follows: Memorial Day Parade; Cinco
De Mayo Parade; 4th of July Celebration; Sunfair Parade;
9.70.180 Revocation of special event permit. Veteran's Day Parade; and Christmas Light Parade.
(a) Any special event permit issued pursuant to this The special event permit fee shall be calculated and
chapter is subject to revocation, pursuant to this section. assessed as follows.
(b) A special event permit may be revoked if the city (1) The economic development manager shall send
determines: copies of special event applications to affected city depart-
(1) That the special event cannot be conducted with- ments. By way of illustration, and without limitation,
out violating the standards or conditions for special event personnel ser-
permit issuance; vices provided by affected city departments include, but
(2) The special event is being conducted in violation are not limited to, services such as police escorts and traf-
of any condition of the special event permit; fic control. Costs of such services are called "event man-
(3) The special event poses a threat to health or agement personnel costs." Each departmental personnel
safety; activity required for the special event shall be itemized,
(4) The event organizer or any person associated with showing hourly rate and total cost. The "total event
the special event has failed to obtain any other permit management personnel costs to the
required pursuant to the provisions of this chapter; city" shall be the sum of each department's personnel
(5) The special event permit was issued in error or costs. Non - profit applicants shall pay fifty percent of the
contrary to law; costs of the personnel services provided by the city. For
(6) The applicant has not paid all fees when due; or profit applicants will pay 100% of the total event
(7) The applicant has failed to provide confirmation management personnel costs. In addition, a $10 per tent
or proof that it has obtained the minimum number of fee will be charged for each City_ owned tent borrowed
required volunteers to perform safety functions. by applicants for usage at their event.
(c) Except as provided in this section, notices of (2) The economic development manager shall require
revocation shall be in writing and specifically set forth the payment of fees, or a reasonable estimate thereof, at the
reasons for the revocation. time the completed application is approved, unless the
(d) If there is an emergency requiring immediate economic development manager for good cause extends
revocation of a special event permit, the special event time for payment.
coordinator may notify the permit holder verbally of the C. Security Deposit. Except for an application for a
revocation. permit for a special event protected under the First and
(e) An appeal from a revocation shall be handled in Fourteenth Amendments of the U.S. Constitution, and
the same manner and under the same time requirements as events solely sponsored by the city, each application for a
denials of special event permits, pursuant to YMC special event permit shall be accompanied by a security
9.70.120. (Ord. 2013 -041 § 2 (part), 2013: Ord. 2012 -61 deposit. For special events requiring the closure of public
§ 2 (Exh. A) (part), 2012). streets, the amount of the security deposit shall be between
two thousand five hundred dollars and five thousand dol-
9.70.190 Cost recovery for special events —Fees— lars, based on the factors listed below. For special events
Security deposit. limited to any city designated special event venue or other
A. Special Event Permit Application Fee. A fifty- venue, or a special event permit issued under the expe-
dollar nonrefundable application fee must be submitted dited process of YMC 9.70.100, the amount of the security
with any special event permit application. Any event deposit shall be in an amount determined by the economic
application submitted less than three weeks before the development manager based on the factors listed below.
scheduled event is subject to a $100 late fee. The economic development manager shall consider the
following factors when determining the amount of any
security deposit for a special event. The security deposit
* Code reviser's note: Ordinance 2013 -043, Section 2, provides that shall be in an amount the economic development manager
the provisions of this section shall apply to special events scheduled determines is necessary and appropriate to defray costs of
to occur on and after January 1, 2014. cleanup, repair and /or restoration based upon: (i) the num-
ber of persons expected to attend or participate in the
event; (ii) the type or nature of the event; (iii) the number
and type of vendors participating in the event; (iv)
whether alcohol will be provided, served or consumed on
9.70.200
the event venue; and (v) any other factor deemed relevant sible parties, including but not limited to the applicant.
to determine the amount of deposit based upon reasonably (Ord. 2013 -043 § 1 (Exh. B), 2013: Ord. 2013 -041 § 2
foreseeable costs of cleanup, repair and /or restoration. (part), 2013: Ord. 2012 -61 § 2 (Exh. A) (part), 2012).
(1) Payment of Funds to Be Used for Security
Deposit. Payment of funds to be used for security deposit 9.70.200 Effect of receipt of donations on status of
shall be by cash or certified check. tax - exempt nonprofit organizations.
(2) Deposit of Funds. Funds received from the appli- A tax - exempt nonprofit organization hosting a special
cant for security deposit shall be receipted by the city and event may acknowledge the receipt of cash or in -kind ser-
deposited in an appropriate fund. vices or goods, donations, prizes, or other consideration
(3) Refund of Security Deposit. Subject to compli- from for - profit organizations without causing the special
ance with the following conditions, funds held by the city event to be considered a commercial special event within
as a security deposit shall be refunded to the applicant in the meaning of this chapter. Such acknowledgment may
accordance with applicable payment procedures of the include use of the name, trademark, service mark, or logo
city: of such a for - profit organization in the name or title of the
(a) Applicant has complied with all requirements of special event or the prominent appearance of the same in
the permit; advertising or on collateral material associated with the
(b) Applicant has cleaned, repaired and restored the special event. (Ord. 2013 -041 § 2 (part), 2013: Ord. 2012 -
site following the conclusion of permitted event to the 61 § 2 (Exh. A) (part), 2012).
condition existing prior to the event, reasonable wear and
tear excepted, to the satisfaction of the economic develop- 9.70.220 Expressive activity special event.
ment manager. When a special event permit is sought for an expressive
(4) Use of Funds in Security Deposit by City. In the activity such as a demonstration, rally, or march as
event applicant fails to comply with the approved cleanup defined in this chapter, the following exceptions shall
plan included within the permit and /or damage to city apply:
property or facilities has occurred on the event site (1) Where the special event will not require tempo -
attributed to participants in the event, the economic devel- rary street closures, cost recovery, pursuant to YMC
opment manager shall use reasonable efforts to notify the 9.70.190, shall be limited solely to a fee based on the cost
applicant that the city will proceed to clean, repair and of processing the permit application.
restore the subject site and facilities, and thereupon autho- (2) The insurance requirement of YMC 9.70.160
rize city personnel to conduct such cleanup and resto- shall be waived; provided, that the event organizer has
ration. The cost of such city cleaning, repair and filed with the application a verified statement that he or
restoration shall be computed using the hourly rate of each she intends the special event purpose to be First Amend -
city employee (with overtime rate, as applicable) multi- ment expression and the cost of obtaining insurance is
plied by the hours worked by each employee, and the financially burdensome and would constitute an unreason -
hourly rate for city equipment used for the cleanup, repair able burden on the right of First Amendment expression.
and restoration multiplied by the number of hours such The verified statement shall include the name and address
equipment was used. Costs incurred by the city also of one insurance broker or other source for insurance cov-
include the costs of any third -party contractor retained to erage contacted to determine premium rates for coverage.
conduct or assist with such cleanup, repair or restoration. (3) Where the special event will require temporary
City will document its costs incurred in cleanup, repair street closures and any one or more of the conditions of
and restoration and deduct from the security deposit the subsection (4) of this section are met requiring the city to
total amount incurred by the city for such cleanup, repair provide services in the interests of public health, safety,
and restoration. The city shall thereupon request a refund and welfare, the economic development manager may
of the remaining balance of such deposit to be processed condition the issuance of the special event permit upon
and paid to the applicant, and shall provide the applicant payment of actual, direct costs incurred by the city to a
with a copy of the document showing city costs incurred. maximum of five hundred dollars. Any fee schedule
(5) Recovery of Excess Costs — Responsibility of adopted by the city shall contain a provision for waiver of,
Applicant. The applicant shall be responsible for all or a sliding scale for payment of, fees for city services,
cleanup, repair and restoration required in this code, the including police costs, on the basis of ability to pay.
approved permit and cleanup plan. In the event city costs (4) The city may deny a special event permit for a
of cleanup, repair and /or restoration of the site exceed the demonstration, rally or march if:
amount of the security deposit, the city reserves the right (A) The special event will substantially interrupt pub-
to seek recovery of such amounts from any and all respon- lic transportation or other vehicular and pedestrian traffic
in the area of its route;
(Yakima 1 -14) 430 -6
9.70.240
(B) The special event will cause an irresolvable con - (b) Vendors authorized to sell goods, food, or bever-
flict with construction or development in the public right- ages in the special event venue shall display their authori-
of -way or at a public facility; zation in the manner required by the economic
(C) The special event will block traffic lanes or close development manager. Only vendors displaying the
streets during peak commuter hours on weekdays between required authorization shall be allowed to sell goods, food,
seven a.m. to nine a.m. and four p.m. to six p.m. on streets or beverages in the special event venue. Each vendor shall
designated as arterials by the city's public works depart- be solely responsible for reporting and payment of appli-
ment; cable fees and taxes payable to applicable local, state and
(D) The special event will require the diversion of federal agencies.
police employees from their normal duties; (c) Vendors authorized to sell food or beverages shall
(E) The concentration of persons, animals, or vehi- obtain and display applicable food handler's cards or per -
cles will unduly interfere with the movement of police, mits and any other required health permit as required by
fire, ambulance, and other emergency vehicles on the the Yakima health district in the manner required by the
streets; economic development manager. (Ord. 2013 -041 § 2
(F) The special event will substantially interfere with (part), 2013: Ord. 2012 -61 § 2 (Exh. A) (part), 2012).
another special event for which a permit has already been
granted or with the provision of city services in support of 9.70.270 Unlawful to conduct or promote
other scheduled special events; or attendance at special event without
(G) The special event will have significant adverse permit.
impact upon residential or business access and traffic cir- (a) It is unlawful to conduct a special event without a
culation in the same general venue. special event permit as required pursuant to this chapter.
(5) With regard to the permitting of expressive activ- (b) It is unlawful for any person to conduct, promote,
ity special events, where the provisions in this section con- or manage any special event for which a special event per -
flict with the provisions in any other section of this mit has not been issued. (Ord. 2013 -041 § 2 (part), 2013:
chapter, the provisions of this section shall prevail. Ord. 2012 -61 § 2 (Exh. A) (part), 2012).
(6) YMC 9.70.100, 9.70.110 and 9.70.260 shall not
apply to expressive activity special events. (Ord. 2013- 9.70.280 Other permits and licenses.
041 § 2 (part), 2013: Ord. 2012 -61 § 2 (Exh. A) (part), The issuance of a special event permit does not relieve
2012). any person from the obligation to obtain any other permit
or license required pursuant to the Yakima Municipal
9.70.240 Delegation of city manager's authority. Code or any other applicable law. (Ord. 2013 -041 § 2
The city manager may delegate any or all of his or her (part), 2013: Ord. 2012 -61 § 2 (Exh. A) (part), 2012).
functions under this chapter to his or her deputies or sub-
ordinates. (Ord. 2013 -041 § 2 (part), 2013: Ord. 2012 -61 9.70.290 Unlawful to sell goods in special event
§ 2 (Exh. A) (part), 2012). venue without authorization.
It is unlawful for any person to sell, resell, or offer to
9.70.250 City manager authorized to adopt rules sell or resell any goods, food, or beverages in a special
and regulations. event venue except for authorized special event vendors.
The city manager is authorized to promulgate addi- (Ord. 2013 -041 § 2 (part), 2013: Ord. 2012 -61 § 2 (Exh.
tional rules and regulations that are consistent with and A) (part), 2012).
that further the terms and requirements set forth within
this chapter and the provisions of law that pertain to the 9.70.295 Smoking prohibited.
conduct and operation of a special event. The city man- A. It is unlawful for any person to smoke or light
ager is further authorized to promulgate rules and regula- cigars, cigarettes, tobacco, or other smoking material at
tions governing special events sponsored by the city. (Ord. any event covered by this chapter or on any city property
2013 -041 § 2 (part), 2013: Ord. 2012 -61 § 2 (Exh. A) where more than fifty people are gathering unless the
(part), 2012). event is restricted to attendees twenty -one and over and
contains a sectioned -off smoking specific area within the
9.70.260 Authorized special event vendors. event.
(a) The issuance of a special event permit confers B. For the purposes of this section, "smoke" or
upon the permit holder or event organizer the right to con- "smoking" means the carrying, holding, or smoking of
trol and regulate the sale of goods, food, and beverages any kind of lighted pipe, cigar, cigarette, or any other
within the special event venue in accordance with the lighted smoking equipment.
terms and conditions of the special event permit. C. A violation of this section is a civil infraction pun-
ishable by a fine of one hundred dollars, not including any
430 -7 (Yakima 7 -15)
9.70.300
statutory assessments. This penalty is in addition to any
other remedies or penalties as provided by law. (Ord.
2015 -011 § 1, 2015: Ord. 2013 -041 § 2 (part), 2013).
9.70.300 Cost recovery for unlawful special event.
Whenever a special event is conducted without a spe-
cial event permit when one is required or is conducted in
violation of the terms of an issued special event permit, the
event organizer shall be responsible for, and the city shall
charge the event organizer for, all city costs incurred as a
result of the adverse impacts of the special event or the
violation of the special event permit. (Ord. 2013 -041 § 2
(part), 2013: Ord. 2012 -61 § 2 (Exh. A) (part), 2012).
9.70.310 Penalties for violations.
(a) The special event permit authorizes the applicant
to conduct only such an event as is described in the permit,
and in accordance with the terms and conditions of the
permit. It is unlawful for the applicant to violate the terms
and conditions of the permit, or for any event participant
to violate the terms and conditions of the permit or to con-
tinue with the event if the permit is revoked or expired. An
event applicant cannot make changes to the permit. All
requests for changes must be submitted for review by the
economic development manager.
(b) Unless otherwise specified, any person or organi-
zation violating the provisions of this chapter shall be
guilty of a misdemeanor, and upon conviction thereof,
shall be subject to a penalty of a fine of not more than five
hundred dollars or by imprisonment of not more than
ninety days, or both such fine and imprisonment. (Ord.
2013 -041 § 2 (part), 2013: Ord. 2012 -61 § 2 (Exh. A)
(part), 2012).
(Yakima 7 -15) 430 -8
9.70.010
Chapter 9.70 9.70.270 Unlawful to conduct or promote
attendance at special event
SPECIAL EVENTS — PARADES without permit.
9.70.280 Other permits and licenses.
Sections: 9.70.290 Unlawful to sell goods in special
9.70.010 Definitions. event venue without
9.70.020 Special event permit required. authorization.
9.70.030 Exceptions to special event permit 9.70.295 Smoking prohibited.
requirement. 9.70.300 Cost recovery for unlawful special
9.70.040 Issuance of a special event permit event.
does not obligate city services. 9.70.310 Penalties for violations.
9.70.050 Priority of special event permit 9.70.010 Definitions.
issuance.
9.70.060 Time for filing application for Terms used in this chapter shall have the following
special event permit. meanings:
9.70.070 When application for special event (1) `City" means the city of Yakima.
permit is deemed complete. (2) "Demonstration" means a public display of group
9.70.080 Date of special event not opinion as by a rally or march, the principal purpose of
confirmed until notice of which is expressive activity.
confirmation issued. (3) "Economic development manager" means the
9.70.090 Content of special event permit economic development manager of the city, or his or her
application. designee, who shall be the special event coordinator for
9.70.092 No parking along route of the city.
established community parade. (4) "Established community parade" means a parade
9.70.100 Conditions affecting the issuance that has occurred annually for at least three years within
of an expedited special event the city and includes the following annual parades: Cinco
permit. de Mayo Parade, Memorial Day Parade, Sunfair Parade,
9.70.110 Reasons for denial of a special Veterans Day Parade, and Holiday Light Parade.
event permit. (5) "Event organizer" means any person who con -
9.70.120 Denial of a special event permit ducts, manages, promotes, organizes, aids, or solicits
application — Appeals from denial. attendance at a special event.
9.70.130 Display of special event permit (6) "Event management company" means an entity
required. with expertise in managing special events.
9.70.140 Contents of special event permit. (7) "Expressive activity" includes conduct the sole or
9.70.150 Economic development manager's principal object of which is the expression, dissemination,
action on special event permit or communication by verbal, visual, literary, or auditory
application. means of political or religious opinion, views, or ideas and
9.70.160 Insurance required to conduct for which no fee or donation is charged or required as a
special event. condition of participation in or attendance at such activity.
9.70.170 Waiver of insurance For purposes of this chapter, expressive activity does not
requirements. include sports events, including marathons, fundraising
9.70.180 Revocation of special event events, or events the principal purpose of which is enter -
permit. tainment.
9.70.190 Cost recovery for special events— ( "Gross revenues" means the sum of all revenues
Fees — Security deposit. received by an event organizer for a special event includ-
9.70.200 Effect of receipt of donations on ing, but not limited to, cash receipts, licensing, sponsor -
status of tax-exempt nonprofit ships, television, advertising and similar revenues, and
organizations. concessions.
9.70.220 Expressive activity special event. ( "March" means an organized walk or event
9.70.240 Delegation of city manager's whose principal purpose is expressive activity in service
authority. of a public cause.
9.70.250 City manager authorized to adopt (10) "Noncommercial special event" means any spe-
rules and regulations. cial event organized and conducted by a person or entity
9.70.260 Authorized special event vendors. that qualifies as a tax- exempt nonprofit organization, or a
427 (Yakima 7 -15)
9.70.020
special event whose principal purpose is expressive activ- ditions on the use of the special events venue based on the
ity. provisions of this chapter. The economic development
(11) "Parade" means any march or procession consist- manager shall coordinate the issuance of a special event
ing of people, animals or vehicles, or combinations permit with the special event service team and other pub -
thereof, except funeral processions, upon any public lic agencies through whose jurisdiction or property the
street, sidewalk or alley, which does not comply with the special event or portion thereof occurs and to issue a spe-
normal and usual traffic regulations or controls. cial event permit upon the concurrence of other public
(12) "Rally" means a gathering whose principal pur- agencies involved.
pose is expressive activity, especially one intended to (c) The economic development manager has author -
inspire enthusiasm for a cause. ity to issue one special event permit for any special event
(13) "Sidewalk" means that portion of a right -of -way, of continuing duration (such as a farmer's market sched-
other than the roadway, set apart by curbs, barriers, mark- uled to occur each weekend at the same location for a
ings, or other delineation for pedestrian travel. period of months), or a special event consisting of pro -
(14) "Sign" means any sign, pennant, flag, banner, grams with separate components requiring reoccurring
inflatable display, or other attention - seeking device. closures of a street or streets over a period of time or sea -
(15) "Special event service team" means representa- son. (Ord. 2013 -041 § 2 (part), 2013: Ord. 2012 -61 § 2
tives assigned by their respective department directors to (Exh. A) (part), 2012).
represent the interests of their department as it relates to
the issuance of special event permits. 9.70.030 Exceptions to special event permit
(16) "Special event" means any fair, show, parade, requirement.
run /walk, festival, or other publicly attended entertain- (a) Although not required to be issued a special event
ment or celebration which is to be held in whole or in part permit, an event organizer of an activity exempted from
upon publicly owned property or public rights -of -way, or this chapter is required to comply with all local, state and
if held wholly upon private property, will nevertheless federal laws and regulations governing public safety or
affect or impact the ordinary and normal use by the gen- health.
eral public of public property or public rights -of -way (b) The following activities are exempt from having
within the vicinity of such event. to obtain a special event permit:
(17) "Special event permit" means a permit issued (1) Parades, athletic events or other special events
under this chapter. that occur exclusively in city parks and are sponsored or
(18) "Special event venue" means that area for which conducted in full by any city of Yakima department;
a special event permit has been issued. (2) Funeral procession by a licensed mortuary;
(19) "Street" means any place that is publicly main- (3) Gatherings of one hundred or fewer people in a
tained and open to use of the public for purposes of vehic- city park, unless merchandise or services are offered for
ular travel, including highways. sale or trade to the public, in which case a special event
(20) "Tax- exempt nonprofit organization" means an permit is required;
organization that is exempted from payment of income (4) Temporary sales conducted by businesses, such
taxes by federal or state law and has been in existence for as holiday sales, grand opening sales, sidewalk sales, or
a minimum of six months preceding the date of applica- anniversary sales;
tion for a special event permit. (5) Garage sales, rummage sales, lemonade stands
(21) "Vendor" means any person who sells or offers to and car washes;
sell any goods, food, or beverages within a special event (6) Private events held entirely on private property
venue. (Ord. 2015 -006 § 1; Ord. 2013 -041 § 2 (part), that do not involve the use of or have an impact on public
2013: Ord. 2012 -61 § 2 (Exh. A) (part), 2012). property or facilities and that do not require the provision
of city public safety services;
9.70.020 Special event permit required. (7) Activities conducted by a governmental agency
(a) Except as provided elsewhere in this chapter, any acting within the scope of its authority or within a building
person or entity who conducts, promotes, or manages a owned by such governmental agency;
special event shall first obtain a special event permit from (8) Lawful picketing on sidewalks;
the economic development manager. (9) Activities and events conducted, sponsored or
(b) The economic development manager is autho- promoted by the Yakima Convention Center and the Cap -
rized to issue permits for special events occurring within itol Theatre occurring within and upon their respective
the city limits, pursuant to the procedures established in facilities; and
this chapter. The economic development manager is (10) Block parties, which must be applied for through
authorized to determine the special event venue. The eco- a separate, streamlined city process. (Ord. 2013 -041 § 2
nomic development manager may impose reasonable con - (part), 2013: Ord. 2012 -61 § 2 (Exh. A) (part), 2012).
(Yakima 7 -15) 428
9 70 040
9.70.040 Issuance of a special event permit does
not obligate city services.
Issuance of a special event permit under this chapter
does not obligate or require the city to provide city ser
vices, equipment, or personnel in support of a special
428 -1 (Yakima 7 -15)
9.70.050
event. (Ord. 2013 -041 § 2 (part), 2013: Ord. 2012 -61 § 2 cant shall not market or promote the event until the eco-
(Exh. A) (part), 2012). nomic development manager issues a written notice of
confirmation. (Ord. 2013 -041 § 2 (part), 2013: Ord. 2012-
9.70.050 Priority of special event permit issuance. 61 § 2 (Exh. A) (part), 2012).
Except for a special event sponsored by the city, prior-
ity shall be given for the issuance of a special event permit 9.70.090 Content of special event permit
to local tax- exempt nonprofit organizations operating in application.
and providing services to the citizens of the city. (Ord. The application for a special event permit should
2013 -041 § 2 (part), 2013: Ord. 2012 -61 § 2 (Exh. A) include the following:
(part), 2012). (1) The name, address, fax, cell, email address, and
office telephone number of the applicant;
9.70.060 Time for filing application for special (2) A certification that the applicant will be finan-
event permit. cially responsible for any city fees or costs that may be
(a) Except as otherwise provided in this chapter, a imposed for the special event;
preapplication meeting shall be held no less than six (3) The name, address, fax, cell, email address and
months in advance of a new special event and no less than telephone number of the event organizer, if any, and the
three months in advance of a repeat special event. Upon chief officer of the event organizer, if any. The applicant
good cause shown and provided that there is no significant shall provide such contact information for a person to
risk or burden to the city, the economic development man- serve as public liaison for the media and public. The appli-
ager may, in his or her discretion, allow a later preapplica- cant must designate a person as on -site liaison, who must
tion meeting. be present and available via cell phone during setup, tear -
(b) A complete application for a special event permit down and during the event. This person must have the
shall be filed with the economic development manager not authority to make decisions on behalf of the event orga-
less than forty -five calendar days before the time when it nizer and must be accessible to city staff, police and any
is proposed to conduct the special event. Upon good cause other identified individuals or organizations;
shown and provided that no risk or burden to the city (4) A list of emergency contacts that will be in effect
ensues, the economic development manager has discre- during the event, and the event web address, if any;
tion to allow a later filing. A late fee of $100 will be (5) If the special event is designed to be held by, on
assessed on any application submitted require' to a^ behalf of, or for any organization other than the applicant,
events less than three weeks before theif the applicant for the special event permit shall file a
scheduled event. signed, written communication from such organization:
(c) An application for an expressive activity special (A) Authorizing the applicant to apply for the special
event permit shall be filed with the economic development event permit on its behalf;
manager no less than seven calendar days before the time (B) Certifying that the applicant will be financially
when it is proposed to conduct the expressive activity spe- responsible for any costs or fees that may be imposed for
cial event. Upon good cause shown and provided that no the special event;
risk or burden to the city ensues, the economic develop- (C) A copy of the tax exemption letter issued for any
ment manager may, in his or her discretion, allow a later applicant claiming to be a tax- exempt nonprofit organiza -
filing. (Ord. 2013 -041 § 2 (part), 2013: Ord. 2012 -61 § 2 tion; and
(Exh. A) (part), 2012). (6) All permit applications shall include:
(A) A statement of the purpose of the special event;
9.70.070 When application for special event (B) A statement of fees to be charged for the special
permit is deemed complete. event, including admissions fees;
An application for a special event permit is deemed (C) The proposed location for the special event;
complete when the applicant has provided all of the infor- (D) Dates and times when the special event is to be
mation required in YMC 9.70.090, including any addi- conducted;
tional information required by the economic development (E) The approximate times when assembly for, and
manager, and where city services are to be provided, the disbanding of, the special event is to take place;
application has been approved by any involved city (F) The proposed locations of the assembly or pro -
department, or the special event service team, and the city duction area;
manager and the city council, if required. (Ord. 2013 -041 (G) The specific proposed site or route, including a
§ 2 (part), 2013: Ord. 2012 -61 § 2 (Exh. A) (part), 2012). map, written narrative of the route, and a site safety plan.
The site safety plan will include site layout, electrical and
9.70.080 Date of special event not confirmed until water installations serving the event, with a description of
notice of confirmation issued. any safety hazards and precautions for the event. For
Notwithstanding the economic development man-
ager's acceptance of a completed application, the date of
the event shall not be considered confirmed and the appli-
429 (Yakima 1 -14)
9.70.090
example, electrical cords should be taped down and trip- (N) The number of bands or other musical units and
ping hazards marked. Fire hazards should be identified, the nature of any equipment to be used to produce sounds
and where there is a hazard, safety provisions will be or noise. Events with outdoor entertainment, music and
approved by the code administration manager or his des- speeches (particularly those with amplified sound) shall
ignee. The city reserves the right to require an emergency not unreasonably impact neighboring residents or busi-
access corridor to be maintained on a street, or anywhere nesses. Proposed outdoor events with expected noise
else designated by the code administration manager, to impacts are required to provide a sound management plan
allow access by emergency vehicles. No materials which for controlling the type and volume of sound produced by
cannot be quickly removed or displaced (e.g., barricades) the event. The sound management plan shall be attached
can be situated in this corridor. Access to fire hydrants to the application. No event shall exceed a maximum deci-
shall not be obstructed. bel limit of ninety -five dB measured at the property line
The site safety plan will also include a traffic safety over a sustained period of ten minutes. During the site
plan. Traffic impacts must be identified. Special attention planning approval of the event, the effective property line
should be paid to ingress and egress of all residential prop- for sound approval will be determined. Outdoor music and
erty near the event or parade route. The economic devel- entertainment shall be limited to performing between the
opment manager and police department may assist with hours of ten a.m. and ten p.m. Exceptions to the time con -
developing a traffic safety plan which minimizes disrup- straints may be made if recommended by the economic
tions to business and residential traffic flows. Times and development manager and approved by the city manager.
locations of event activities should be planned to avoid The event producer /applicant is required to provide the
arterial access routes to neighborhoods and businesses. schedule of artists and entertainers to the city no later than
Applicants shall take appropriate measures to reduce forty-five days prior to the event or as soon as the artists
parking impacts and overflow into surrounding neighbor - are known to the event producer;
hoods. Vehicle movement on site may not be permitted (0) The number, type and location of portable sanita-
during times when the event is open to the public. tion facilities, including a description of the number and
The site safety plan will also include a security plan, location of waste receptacles, including receptacles for
including the number of persons proposed or required to disposal of food waste, wastewater and grease;
provide security, monitor or facilitate the special event, (P) Other equipment or services necessary to conduct
and provide spectator or participant control and direction the special event with due regard for participant and pub -
for special events using city streets, sidewalks, or facili- lic health and safety, including but not limited to accom-
ties. Security provisions and plans for the special event are modations for access and use by disabled persons;
subject to review and approval by the police department. (Q) Provisions for first aid or emergency medical ser-
The police department may require the event organizer to vices, or both, based on special event risk factors;
retain an off -duty Yakima police department officer or (R) Insurance and surety bond information;
officers to supplement and enhance the event organizer's (S) Any special or unusual requirements that may be
security personnel and security plan. The number of such imposed or created by virtue of the proposed special event
police officers shall be determined by the police chief activity;
based upon the type of event, anticipated number of (T) The marketing plan with proposed timelines asso-
attendees, plans for service and /or consumption of alco- ciated with marketing the activity to the general public,
hol, and other like criteria. The event organizer shall be together with proposed plan for signage advertising the
solely responsible to retain such officers through arrange- event. If a permit for street banner is requested, a complete
ments with the appropriate designated office of the application for such banner pursuant to Chapter 15.08
Yakima police department; YMC;
(H) The proposed site of any reviewing stands; (U) Event timeline documenting activities from event
(I) The proposed site for any disbanding area; setup to event tear -down;
(J) Proposed alternate routes, sites or times, where (V) Arrangements for parking of personal vehicles of
applicable; vendors, event promoters, event volunteers and event
(K) The approximate number of persons, animals or employees. Such parking shall not occur on any public
vehicles that will constitute the special event, and the parking lot or designated public parking space, and
number and types of vendors that will participate in the arrangements must be made by the event organizer with
event; providers of private parking facilities for the parking of
(L) The kinds of animals anticipated to be part of the such vehicles during the event and any cleanup. In order
special event; to preserve available excess public parking for persons
(M) A description of the types of vehicles to be used attending the event, the city may require applicant to
in the special event; obtain a sufficient number of parking spaces from provid-
ers of private parking facilities in the vicinity of the event
(Yakima 1 -14) 430
9.70.092
venue. The number of required private parking spaces manager. The city may require approval of the content of
shall be determined by the city using the following fac- the written notification and proof of its delivery to
tors: (i) the number of persons anticipated to attend and impacted residents and businesses. Notifications must
participate in the event, including event volunteers, include the date of the event or parade, the hours the event
employees, contractors and vendors; (ii) the number of or parade will affect business activity in the area and an
available private parking spaces available from private event contact for questions. The acceptable ways to notify
parking providers in the vicinity of the event venue; (iii) businesses are: (a) a letter mailed to each location, or (b) a
whether the applicant has made arrangements for shuttling notice hand- delivered to each affected location. Events,
attendees and participants to and from the event from a parades and other special events, such as jogging events,
parking area outside the near vicinity of the event venue; requiring removal of access to public parking along the
(W) The event organizer shall obtain and maintain in event location or the route, require notification by the
good standing a business license from the city for the event organizer five days in advance of the event. Wind
event; shield reminder notices will be distributed by the orga
(_WX) The location of vendors and vending areas, and nizer the evening before the event and any remaining
the location of tents, canopies, stages and associated view- vehicles are subject to tow by the city, at the expense of
ing areas, together with necessary or appropriate accom- the owner, at the time of the event;
modations for access and use by disabled persons;
(X) If alcohol is to be provided, sold or served, (AAB4) Any other information or permit required for the
the event organizer shall obtain, maintain and comply event or by the economic development manager to
with the applicable liquor license or permit issued by the enable him or her to timely or
Wash- adequately process the application. (Ord. 2013 -041 § 2
ington State Liquor Control Board, and shall provide a (part), 2013: Ord. 2012 -61 § 2 (Exh. A) (part), 2012).
copy of such license or permit to the city. The application
shall include a description of all points of sale or service 9.70.092 No parking along route of established
of alcoholic beverages within the site venue, together with community parade.
any designated and controlled areas of consumption (such No vehicle shall be parked on city streets and rights -of-
as cordoned "beer garden "). For special events that way designated and approved as the parade route for an
include the provision, sale or service of alcoholic bever- established community parade during the time the parade
ages, the event organizer must additionally comply with is scheduled to occur and for a period of two hours preced-
the alcohol event insurance requirements of YMC ing the start of the parade. Vehicles parked upon the
9.70.160; streets and rights -of -way designated as the parade route
(YZ) The city will provide and require the use of during such times are subject to tow by the city at the
avail- able city tents, canopies or other equipment or expense of the owner. The applicant will comply with the
fixtures notification requirements of YMC 9.70.090(6)(AA) to
bearing the brand of the city, to be used by the applicant notify affected businesses and property owners, and post
for the event. The city will charge a security deposit for appropriate notices on vehicles parked along the parade
the use of such tents, canopies or other equipment or fix- route. (Ord. 2015 -006 § 2, 2015).
tures in accordance with a schedule of fees and charges
maintained by the city. The number of required city tents 9.70.100 Conditions affecting the issuance of an
and /or canopies shall be determined by the city based on expedited special event permit.
the number of persons expected to attend and participate (a) Where the event organizer has not requested and
in the event. The city reserves the right to grant or deny the special event does not require city services, equip -
permission to use such tents, canopies and equipment, or ment, or personnel, the economic development manager
to limit or condition such use, in its sole discretion. The may issue an expedited special event permit when, based
city may provide use of city street barricades, traffic upon the completed application, all of the conditions listed
cones, lane divider poles and traffic safety vests and other in this section are met:
similar equipment, subject to availability and appropriate (1) The special event will not substantially interrupt
security deposit; public transportation or other vehicular and pedestrian
(ZAA)Notification Plan. All residents and businesses traffic in the area of its route;
within three hundred feet of the event venue shall be noti- (2) The special event will not cause an irresolvable
fied in writing of the event date, planned hours of opera- conflict with construction or development in the public
tion and event content no less than fourteen days prior to right -of -way or at a public facility;
the event. In the case of a parade, all businesses must be (3) The special event will not block traffic lanes or
notified along the parade route and within three hundred close streets during peak commuter hours on weekdays
feet of the staging or break -down area. The notification between seven a.m. to nine a.m. and four p.m. to six p.m.
zone may be limited or extended based on potential on streets designated as arterials by the city's public works
impacts to be determined by the economic development department;
430 -1 (Yakima 7 -15)
9.70.110
(4) The special event will not require the diversion of (1) The special event will create the imminent possi-
police employees from their normal duties; bility of violent disorderly conduct likely to endanger pub -
(5) The concentration of persons, animals or vehicles lic safety or to result in significant property damage;
will not unduly interfere with the movement of police, (2) The special event will violate public health or
fire, ambulance, and other emergency vehicles on the safety laws;
streets; (3) The special event fails to conform to the require -
(6) The special event will move from its assembly ments of law or duly established city policy;
location to its disbanding location expeditiously and with- (4) The applicant demonstrates an inability or unwill-
out stopping en route; ingness to conduct a special event pursuant to the terms
(7) The special event will not substantially interfere and conditions of this chapter;
with any other special event for which a permit has (5) The applicant has failed to conduct a previously
already been granted or with the provision of city services authorized or exempted special event in accordance with
in support of other scheduled special events or unsched- law or the terms of a permit, or both;
uled governmental functions; and (6) The applicant has not obtained the approval of
(8) The special event will not have significant any other public agency within whose jurisdiction the spe-
adverse impact upon residential or business access and cial event or portion thereof will occur;
traffic circulation in the same general venue. (7) The applicant has failed to provide an adequate
(b) If the provisions in subsection (a) of this section first aid or emergency medical services plan based on spe-
are met, and the requested special event is to occur entirely cial event risk factors; or
within any area designated by the city as an approved spe- (8) The applicant has failed to pay all fees due from
cial event venue, the economic development manager may previous special events.
issue a special event permit pursuant to this section when (c) The economic development manager may deny a
the attendance at such event is reasonably anticipated to special event permit to an applicant who has failed to com-
be less than two thousand persons, and the event organizer ply with any term of this chapter or with any condition of
has secured adequate private parking facilities for the pri- a special event permit previously issued to the applicant.
vate vehicles of event employees, vendors, entertainers, (Ord. 2013 -041 § 2 (part), 2013: Ord. 2012 -61 § 2 (Exh.
and other event personnel. A) (part), 2012).
(c) In order to ensure that the conditions in this sec-
tion are met, the economic development manager may 9.70.120 Denial of a special event permit
place conditions on the special event permit. The provi- application — Appeals from denial.
sions of YMC 9.70.190, cost recovery and security (a) If the economic development manager denies the
deposit, will apply. (Ord. 2013 -041 § 2 (part), 2013: Ord. application for the special event permit, pursuant to this
2012 -61 § 2 (Exh. A) (part), 2012). section, he or she shall notify the applicant in writing as
soon as is reasonably practicable.
9.70.110 Reasons for denial of a special event (b) The denial of a special event permit may be
permit. appealed to the city manager or his or her designee.
(a) The economic development manager may deny a (c) An appeal shall be made in writing within seven
special event permit to an applicant who has not: calendar days of the date of the written denial. An appeal
(1) Provided for the services of a sufficient number of is made by filing a written petition with the economic
trained and certified traffic controllers; development manager, setting forth the grounds for appeal
(2) Provided sufficient monitors for crowd control and any documentation in support of the appeal.
and safety two weeks prior to the event date; (d) The city manager shall consider and decide the
(3) Provided sufficient safety, health, or sanitation appeal as soon as is reasonably practicable and issue a
equipment services, or facilities that are reasonably neces- written decision. (Ord. 2013 -041 § 2 (part), 2013: Ord.
sary to ensure that the special event will be conducted with 2012 -61 § 2 (Exh. A) (part), 2012).
due regard for safety;
(4) Provided sufficient off -site parking or shuttle ser- 9.70.130 Display of special event permit required.
vice, or both, when required, to minimize any substantial A copy of the special event permit shall be displayed in
adverse impacts on general parking and traffic circulation the special event venue in the method prescribed by the
in the vicinity of the special event; or economic development manager applicable to the particu-
(5) Met all of the requirements for submitting an lar special event and shall be exhibited upon demand of
application for a special event permit. any city official. (Ord. 2013 -041 § 2 (part), 2013: Ord.
(b) The economic development manager may deny a 2012 -61 § 2 (Exh. A) (part), 2012).
special event permit if in the economic development man-
ager's opinion:
(Yakima 7 -15) 430 -2
9.70.140
9.70.140 Contents of special event permit.
(a) The city may condition the issuance of a special
event permit by imposing reasonable requirements con-
cerning the time, place and manner of the event, and such
requirements as are necessary to protect the safety and
rights of persons and property, and the control of traffic. A
special event permit may include the following informa-
tion or conditions:
(1) The location of the special event venue, which
may be identified by a map attached to the special event
permit;
(2) The date, assembly area, time for assembly, and
starting and completion time of the special event and any
admission cost;
(3) The specific route plan of the special event;
430 -2a (Yakima 7 -15)
9.70.150
(4) The minimum and maximum speeds of the spe- cial rity deposit as determined appropriate by the economic
event; development manager pursuant to YMC 9.70.190.
(5) The number and types of persons, animals, and (d) As a condition of the issuance of a special event
vehicles or structures at the event; the number of bands, permit, the city may require execution of a special event
other musical units, and equipment capable of producing agreement setting forth the terms and conditions of the
sound, if any; and limitations thereon pertaining to noise special event and special event permit. (Ord. 2013 -041 § 2
abatement, and inspection and approval of floats, struc- (part), 2013: Ord. 2012 -61 § 2 (Exh. A) (part), 2012).
tures, and decorated vehicles for fire safety;
(6) The maximum interval of space to be maintained 9.70.150 Economic development manager's
between booths or other structures to be used for the spe- action on special event permit
cial event; application.
(7) The portion of the street and sidewalk that is to be (a) Except as otherwise provided in this section, the
occupied by the special event; economic development manager shall take final action
(8) The location of reviewing or audience stands, if upon a completed application for a special event permit as
any; soon as practicable.
(9) The number and location of traffic controllers, (b) The economic development manager is not
monitors, other support personnel and equipment, and required to take final action upon any special event permit
barricades to be furnished by the economic development application prior to one hundred eighty calendar days
manager; before the special event.
(10) The area and time for disbanding; (c) The economic development manager is not
(11) The conditions or restrictions on the use of alco- required to take final action on an incomplete or untimely
holic beverages and authorization for and conditions of special event permit application.
the exclusive control or regulation of vendors and related (d) Final action on a completed special event permit
sales activity by the event organizer during the special application shall consist of one of the following:
event; (1) Issuance of a special event permit in accordance
(12) The provisions for any required emergency med- with the terms of the application; or
ical services, accommodations for access by disabled per- (2) Issuance of a special event permit in accordance
sons, site safety and site security; and with the terms of the application, as conditioned by the
(13) Such other information and conditions as are rea- economic development manager or as modified by mutual
sonably necessary for the conduct of the special event and agreement between the economic development manager
the enforcement of this chapter, including the requirement and the applicant; or
for a professional event management company to produce (3) Denial of the special event permit application by
an event or for the on -site presence of the event organizer the economic development manager. (Ord. 2013 -041 § 2
or its designated representative for all special event coor- (part), 2013: Ord. 2012 -61 § 2 (Exh. A) (part), 2012).
dination and management purposes.
(b) As a condition of the issuance of a special event 9.70.160 Insurance required to conduct special
permit, the applicant shall be required to do a walk- event.
through of the event site with the economic development A. In addition to any other requirement(s) imposed
manager prior to the event, and make adequate provisions by this chapter, for any parade or special event involving
for cleaning the area or route of the special event both participation of persons in games or races involving phys-
during and upon completion of the special event and to ical effort; or involving the use of live animals, wild or
return the area or route to the same condition of material domestic; or involving the use of vehicles (except wheel -
preservation and cleanliness as existed prior to the special chairs); or provision or sale of beverages or food for
event. The city may take photographs of the site showing human consumption; or use of alcoholic beverages, the
the preevent condition of the site, and shall maintain such applicant shall have the following minimum insurance
photographs in the event file. For special events occurring requirements:
within and upon city - designated special event sites, the 1. Commercial General Liability (Occurrence
city shall maintain a file of photographs, updated as the Form). One million dollars per occurrence /two million
city deems appropriate, to show preevent condition of the dollars aggregate combined single limit liability for bodily
site. The applicant is responsible to inspect the proposed injury and property damage. If other than the standard CG
event site, and shall represent in the application that the 00 01 form is used, the policy shall be furnished to the city
photographs represent an accurate depiction of the attorney for review and may be rejected based upon the
preevent condition of the site. specified policy exclusions. If animals are included in the
(c) As a condition of the issuance of a special event event, no animal exclusion will be allowed or approved.
permit, the applicant shall be required to provide a secu-
430-3 (Yakima 1 -14)
9.70.170
The policy shall not contain an assault and battery exclu- account which shall be mailed to the applicant/responsible
sion. party, payable within thirty days.
2. If sponsor owned or rented vehicles are involved D. Waiver, Reduction or Increase of Required Lim -
in the event: automobile liability at one million dollars per its. If the special event is of a demonstrated high or low
occurrence combined single limit bodily injury and prop- risk category, according to recognized insurance and risk
erty damage. This includes coverage for any owned, hired management standards, the economic development man-
or non -owned vehicles. If the sponsor of the event does ager, on the advice of the city attorney or city's risk man -
not own the vehicles that will be used in the event, then ager, may authorize a greater or lesser amount of coverage
only hired and non -owned auto liability may be required, than otherwise required, or may require a particular type
which can be included on the commercial general liability of insurance coverage different from that specified in this
policy. section.
3. If liquor is served at the event: liquor liability cov- E. As a further condition of the issuance of any per -
erage shall be required at a one - million - dollar liability mit, the applicant shall defend, indemnify, and hold harm -
limit. less the city, its elected officials, officers, agents,
4. The applicant shall provide a certificate of insur- employees and volunteers from and against any and all
ance as proof of the insurance required above that clearly claims, causes of action, damages, losses, and expenses of
states who the provider is, the amount of coverage, the any kind or nature whatsoever, including but not limited
policy number, and when the policy and provisions pro- to attorney's fees and court cost, arising out of, relating to
vided are in effect. Said policy shall be in effect for the or resulting from the parade or special event and /or the
duration of the permit. The certificate of liability insur- application for the parade or special event.
ance policy shall name the city of Yakima, its elected offi- F. The indemnification requirements set forth in this
cials, officers, agents, employees and volunteers as section shall not be construed to apply to events permitted
additional insureds, and shall contain a clause that the under this chapter involving expressive activity which
insurer will not cancel the insurance without first giving enjoys protection under the United States or Washington
the city prior written notice. The insurance shall be with an Constitutions except that sponsors of such events shall be
insurance company or companies rated A -VII or higher in required to redesign or reschedule the permitted event to
Best's Guide and admitted in the state of Washington, or respond to specific risks, hazards and dangers to the public
an A -VII rated approved surplus lines carrier. If the city is health and safety identified by the director of community
damaged by the failure of the applicant to maintain the and economic development as reasonably foreseeable
above insurance or to notify the city, then the applicant consequences of the event.
shall bear all costs attributable thereto. An expiration, can- G. The insurance required by this section shall
cellation, or revocation of the insurance policy or with- encompass all liability insurance requirements imposed
drawal of the insurer from the insurance policy for other permits required under other sections of this
automatically suspends the permit issued to the applicant chapter and is to be provided for the benefit of the city and
until a new insurance policy or reinstatement notice has not as a duty, express or implied, to provide insurance pro -
been filed and approved as provided in this section. tection for spectators or participants. (Ord. 2013 -043 § 1
B. No later than thirty days prior to the event, unless (Exh. A), 2013: Ord. 2013 -041 § 2 (part), 2013: Ord.
the economic development manager for good cause mod- 2012 -61 § 2 (Exh. A) (part), 2012).
ifies the filing requirements, the applicant shall file with
the economic development manager evidence of liability 9.70.170 Waiver of insurance requirements.
insurance coverage, for review by the city attorney. A (a) Except for special events where the sale of alco-
complete copy of the policy will be furnished to the city holic beverages is authorized, the insurance requirements
attorney if requested. The requirements of the certificate of YMC 9.70.160 may be waived. In making the determi-
of liability insurance are set forth in subsection A of this nation of whether to waive insurance, the city shall con -
section. Additional endorsements for host liquor liability sider the following factors:
and /or products liability may be required, in the event (1) Whether it is an expressive activity special event
food, beverages and /or alcoholic beverages are to be dis- governed by YMC 9.70.220;
pensed. (2) Whether it is objectively impossible to obtain
C. The applicant shall provide a signed statement insurance coverage;
that the applicant/responsible party shall pay the costs of (3) Whether the special event will involve the use of
services which the city of Yakima is required to perform equipment (other than sound equipment), vehicles, ani-
by reason of management of street use of the parade or mals, fireworks, or pyrotechnics; or
special event, including but not limited to cleanup. Upon (4) Whether a fee or donation is charged or required
completion of the parade or special event, the economic as a condition of admission or participation in the special
development manager shall compile a statement of event.
(Yakima 1 -14) 430 -4
9.70.180
(b) To claim that it is objectively impossible to obtain B. Special EventCity Services Permit Fee. Upon
insurance coverage pursuant to this section, the applicant approval of an application for a permit for a special
shall submit a statement from at least two independent event not protected under the First and Fourteenth
licensed insurance brokers demonstrating the insurance is Amendments of the U.S. Constitution, the economic
unavailable in the marketplace. development manager should provide the applicant with
(c) Even though insurance is waived, the city may a statement of the estimated cost of city services,
require the event organizer of a special event to defend, equipment and materials used or pro- vided by city in
indemnify, and hold harmless the city from any claim or providing traffic control and management for parades and
liability arising from the special event. (Ord. 2013 -041 § 2 vehicle events, and permit fees. Also exempt from the
(part), 2013: Ord. 2012 -61 § 2 (Exh. A) (part), 2012). special event permit fee are the commu- nity events listed
as follows: Memorial Day Parade; Cinco De Mayo Parade;
9.70.180 Revocation of special event permit. 4th of July Celebration; Sunfair Parade; Veteran's Day
(a) Any special event permit issued pursuant to this Parade; and Christmas Light Parade.
chapter is subject to revocation, pursuant to this section. The special event permit fee shall be calculated and
(b) A special event permit may be revoked if the city assessed as follows.
determines: (1) The economic development manager shall send
(1) That the special event cannot be conducted with- copies of special event applications to affected city depart-
out violating the standards or conditions for special event ments. By way of illustration, and without limitation,
permit issuance; personnel ser-
(2) The special event is being conducted in violation vices provided by affected city departments include, but
of any condition of the special event permit; are not limited to, services such as police escorts and traf-
(3) The special event poses a threat to health or fic control. Costs of such services are called "event man-
safety; agement personnel costs." Each departmental personnel
(4) The event organizer or any person associated with activity required for the special event shall be itemized,
the special event has failed to obtain any other permit showing hourly rate and total cost. The "total event
required pursuant to the provisions of this chapter; management personnel costs to the
(5) The special event permit was issued in error or city" shall be the sum of each department's personnel
contrary to law; costs. Non - profit applicants shallThe applicant shall pay
(6) The applicant has not paid all fees when due; or fifty percent of the costs of the personnel services provided
(7) The applicant has failed to provide confirmation by the city. For profit applicants will pay 100% of the
or proof that it has obtained the minimum number of total event management personnel costs. In addition, each
required volunteers to perform safety functions. applicant, whether profit or non - profit, shall pay fees
(c) Except as provided in this section, notices of equal to 100% of utility services required for the event,
revocation shall be in writing and specifically set forth the including but not limited to water metering charges,
reasons for the revocation. garbage receptacle and cleanup charges. In addition, a
(d) If there is an emergency requiring immediate $10 per tent fee will be charged for each City - -owned tent
revocation of a special event permit, the special event borrowed by applicants for usage at their event.
coordinator may notify the permit holder verbally of the (2) The economic development manager shall require
revocation. payment of fees, or a reasonable estimate thereof, at the
(e) An appeal from a revocation shall be handled in time the completed application is approved, unless the
the same manner and under the same time requirements as economic development manager for good cause extends
denials of special event permits, pursuant to YMC time for payment.
9.70.120. (Ord. 2013 -041 § 2 (part), 2013: Ord. 2012 -61 C. Security Deposit. Except for an application for a
§ 2 (Exh. A) (part), 2012). permit for a special event protected under the First and
Fourteenth Amendments of the U.S. Constitution, and
9.70.190 Cost recovery for special events —Fees— events solely sponsored by the city, each application for a
Security deposit. special event permit shall be accompanied by a security
A. Special Event Permit Application Fee. A fifty- deposit. For special events requiring the closure of public
dollar nonrefundable application fee must be submitted streets, the amount of the security deposit shall be between
with any special event permit application. Any event two thousand five hundred dollars and five thousand dol-
application submitted less than three weeks lars, based on the factors listed below. For special events
before the scheduled event is subject to a $100 late fee. limited to any city designated special event venue or other
venue, or a special event permit issued under the expe-
dited process of YMC 9.70.100, the amount of the security
* Code reviser's note: Ordinance 2013 -043, Section 2, provides that deposit shall be in an amount determined by the economic
the provisions of this section shall apply to special events scheduled development manager based on the factors listed below.
to occur on and after January 1, 2014. The economic development manager shall consider the
following factors when determining the amount of any
security deposit for a special event. The security deposit
shall be in an amount the economic development manager
determines is necessary and appropriate to defray costs of
cleanup, repair and /or restoration based upon: (i) the num-
ber of persons expected to attend or participate in the
event; (ii) the type or nature of the event; (iii) the number
and type of vendors participating in the event; (iv) whether alcohol will be provided, served or consumed on
430 -5 (Yakima 1 -14)
9.70.200
the event venue; and (v) any other factor deemed relevant sible parties, including but not limited to the applicant.
to determine the amount of deposit based upon reasonably (Ord. 2013 -043 § 1 (Exh. B), 2013: Ord. 2013 -041 § 2
foreseeable costs of cleanup, repair and /or restoration. (part), 2013: Ord. 2012 -61 § 2 (Exh. A) (part), 2012).
(1) Payment of Funds to Be Used for Security
Deposit. Payment of funds to be used for security deposit 9.70.200 Effect of receipt of donations on status of
shall be by cash or certified check. tax - exempt nonprofit organizations.
(2) Deposit of Funds. Funds received from the appli- A tax - exempt nonprofit organization hosting a special
cant for security deposit shall be receipted by the city and event may acknowledge the receipt of cash or in -kind ser-
deposited in an appropriate fund. vices or goods, donations, prizes, or other consideration
(3) Refund of Security Deposit. Subject to compli- from for - profit organizations without causing the special
ance with the following conditions, funds held by the city event to be considered a commercial special event within
as a security deposit shall be refunded to the applicant in the meaning of this chapter. Such acknowledgment may
accordance with applicable payment procedures of the include use of the name, trademark, service mark, or logo
city: of such a for - profit organization in the name or title of the
(a) Applicant has complied with all requirements of special event or the prominent appearance of the same in
the permit; advertising or on collateral material associated with the
(b) Applicant has cleaned, repaired and restored the special event. (Ord. 2013 -041 § 2 (part), 2013: Ord. 2012 -
site following the conclusion of permitted event to the 61 § 2 (Exh. A) (part), 2012).
condition existing prior to the event, reasonable wear and
tear excepted, to the satisfaction of the economic develop- 9.70.220 Expressive activity special event.
ment manager. When a special event permit is sought for an expressive
(4) Use of Funds in Security Deposit by City. In the activity such as a demonstration, rally, or march as
event applicant fails to comply with the approved cleanup defined in this chapter, the following exceptions shall
plan included within the permit and /or damage to city apply:
property or facilities has occurred on the event site (1) Where the special event will not require tempo -
attributed to participants in the event, the economic devel- rary -street closures, cost recovery, pursuant to YMC
opment manager shall use reasonable efforts to notify the 9.70.190, shall be limited solely to a fee based on the cost
applicant that the city will proceed to clean, repair and of processing the permit application.
restore the subject site and facilities, and thereupon autho- (2) The insurance requirement of YMC 9.70.160
rize city personnel to conduct such cleanup and resto- shall be waived; provided, that the event organizer has
ration. The cost of such city cleaning, repair and filed with the application a verified statement that he or
restoration shall be computed using the hourly rate of each she intends the special event purpose to be First Amend -
city employee (with overtime rate, as applicable) multi- ment expression and the cost of obtaining insurance is
plied by the hours worked by each employee, and the financially burdensome and would constitute an unreason -
hourly rate for city equipment used for the cleanup, repair able burden on the right of First Amendment expression.
and restoration multiplied by the number of hours such The verified statement shall include the name and address
equipment was used. Costs incurred by the city also of one insurance broker or other source for insurance cov-
include the costs of any third -party contractor retained to erage contacted to determine premium rates for coverage.
conduct or assist with such cleanup, repair or restoration. (3) Where the special event will require temporary
City will document its costs incurred in cleanup, repair street closures and any one or more of the conditions of
and restoration and deduct from the security deposit the subsection (4) of this section are met requiring the city to
total amount incurred by the city for such cleanup, repair provide services in the interests of public health, safety,
and restoration. The city shall thereupon request a refund and welfare, the economic development manager may
of the remaining balance of such deposit to be processed condition the issuance of the special event permit upon
and paid to the applicant, and shall provide the applicant payment of actual, direct costs incurred by the city to a
with a copy of the document showing city costs incurred. maximum of five hundred dollars. Any fee schedule
(5) Recovery of Excess Costs — Responsibility of adopted by the city shall contain a provision for waiver of,
Applicant. The applicant shall be responsible for all or a sliding scale for payment of, fees for city services,
cleanup, repair and restoration required in this code, the including police costs, on the basis of ability to pay.
approved permit and cleanup plan. In the event city costs (4) The city may deny a special event permit for a
of cleanup, repair and /or restoration of the site exceed the demonstration, rally or march if:
amount of the security deposit, the city reserves the right (A) The special event will substantially interrupt pub -
to seek recovery of such amounts from any and all respon- lic transportation or other vehicular and pedestrian traffic
in the area of its route;
(Yakima 1 -14) 430 -6
9.70.240
(B) The special event will cause an irresolvable con - (b) Vendors authorized to sell goods, food, or bever-
flict with construction or development in the public right- ages in the special event venue shall display their authori-
of -way or at a public facility; zation in the manner required by the economic
(C) The special event will block traffic lanes or close development manager. Only vendors displaying the
streets during peak commuter hours on weekdays between required authorization shall be allowed to sell goods, food,
seven a.m. to nine a.m. and four p.m. to six p.m. on streets or beverages in the special event venue. Each vendor shall
designated as arterials by the city's public works depart- be solely responsible for reporting and payment of appli-
ment; cable fees and taxes payable to applicable local, state and
(D) The special event will require the diversion of federal agencies.
police employees from their normal duties; (c) Vendors authorized to sell food or beverages shall
(E) The concentration of persons, animals, or vehi- obtain and display applicable food handler's cards or per -
cles will unduly interfere with the movement of police, mits and any other required health permit as required by
fire, ambulance, and other emergency vehicles on the the Yakima health district in the manner required by the
streets; economic development manager. (Ord. 2013 -041 § 2
(F) The special event will substantially interfere with (part), 2013: Ord. 2012 -61 § 2 (Exh. A) (part), 2012).
another special event for which a permit has already been
granted or with the provision of city services in support of 9.70.270 Unlawful to conduct or promote
other scheduled special events; or attendance at special event without
(G) The special event will have significant adverse permit.
impact upon residential or business access and traffic cir- (a) It is unlawful to conduct a special event without a
culation in the same general venue. special event permit as required pursuant to this chapter.
(5) With regard to the permitting of expressive activ- (b) It is unlawful for any person to conduct, promote,
ity special events, where the provisions in this section con- or manage any special event for which a special event per -
flict with the provisions in any other section of this mit has not been issued. (Ord. 2013 -041 § 2 (part), 2013:
chapter, the provisions of this section shall prevail. Ord. 2012 -61 § 2 (Exh. A) (part), 2012).
(6) YMC 9.70.100, 9.70.110 and 9.70.260 shall not
apply to expressive activity special events. (Ord. 2013- 9.70.280 Other permits and licenses.
041 § 2 (part), 2013: Ord. 2012 -61 § 2 (Exh. A) (part), The issuance of a special event permit does not relieve
2012). any person from the obligation to obtain any other permit
or license required pursuant to the Yakima Municipal
9.70.240 Delegation of city manager's authority. Code or any other applicable law. (Ord. 2013 -041 § 2
The city manager may delegate any or all of his or her (part), 2013: Ord. 2012 -61 § 2 (Exh. A) (part), 2012).
functions under this chapter to his or her deputies or sub-
ordinates. (Ord. 2013 -041 § 2 (part), 2013: Ord. 2012 -61 9.70.290 Unlawful to sell goods in special event
§ 2 (Exh. A) (part), 2012). venue without authorization.
It is unlawful for any person to sell, resell, or offer to
9.70.250 City manager authorized to adopt rules sell or resell any goods, food, or beverages in a special
and regulations. event venue except for authorized special event vendors.
The city manager is authorized to promulgate addi- (Ord. 2013 -041 § 2 (part), 2013: Ord. 2012 -61 § 2 (Exh.
tional rules and regulations that are consistent with and A) (part), 2012).
that further the terms and requirements set forth within
this chapter and the provisions of law that pertain to the 9.70.295 Smoking prohibited.
conduct and operation of a special event. The city man- A. It is unlawful for any person to smoke or light
ager is further authorized to promulgate rules and regula- cigars, cigarettes, tobacco, or other smoking material at
tions governing special events sponsored by the city. (Ord. any event covered by this chapter or on any city property
2013 -041 § 2 (part), 2013: Ord. 2012 -61 § 2 (Exh. A) where more than fifty people are gathering unless the
(part), 2012). event is restricted to attendees twenty -one and over and
contains a sectioned -off smoking specific area within the
9.70.260 Authorized special event vendors. event.
(a) The issuance of a special event permit confers B. For the purposes of this section, "smoke" or
upon the permit holder or event organizer the right to con- "smoking" means the carrying, holding, or smoking of
trol and regulate the sale of goods, food, and beverages any kind of lighted pipe, cigar, cigarette, or any other
within the special event venue in accordance with the lighted smoking equipment.
terms and conditions of the special event permit. C. A violation of this section is a civil infraction pun-
ishable by a fine of one hundred dollars, not including any
430 -7 (Yakima 7 -15)
9.70.300
statutory assessments. This penalty is in addition to any
other remedies or penalties as provided by law. (Ord.
2015 -011 § 1, 2015: Ord. 2013 -041 § 2 (part), 2013).
9.70.300 Cost recovery for unlawful special event.
Whenever a special event is conducted without a spe-
cial event permit when one is required or is conducted in
violation of the terms of an issued special event permit, the
event organizer shall be responsible for, and the city shall
charge the event organizer for, all city costs incurred as a
result of the adverse impacts of the special event or the
violation of the special event permit. (Ord. 2013 -041 § 2
(part), 2013: Ord. 2012 -61 § 2 (Exh. A) (part), 2012).
9.70.310 Penalties for violations.
(a) The special event permit authorizes the applicant
to conduct only such an event as is described in the permit,
and in accordance with the terms and conditions of the
permit. It is unlawful for the applicant to violate the terms
and conditions of the permit, or for any event participant
to violate the terms and conditions of the permit or to con-
tinue with the event if the permit is revoked or expired. An
event applicant cannot make changes to the permit. All
requests for changes must be submitted for review by the
economic development manager.
(b) Unless otherwise specified, any person or organi-
zation violating the provisions of this chapter shall be
guilty of a misdemeanor, and upon conviction thereof,
shall be subject to a penalty of a fine of not more than five
hundred dollars or by imprisonment of not more than
ninety days, or both such fine and imprisonment. (Ord.
2013 -041 § 2 (part), 2013: Ord. 2012 -61 § 2 (Exh. A)
(part), 2012).
(Yakima 7 -15) 430 -8