HomeMy WebLinkAbout03/06/2018 09 Parades; YMC Amendment Chapter 9.70ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
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Item No. 9.
For Meeting of: March 6, 2018
Ordinance amending Chapter 9.70 of the City of Yakima Municipal
Code relating to Special Events — Parades
Sean Hawkins, Economic Development Manager
Ryan B leek, Assistant City Attorney
SUMMARY EXPLANATION:
The proposed revisions to the Special Events ordinance include:
1. A revision to the section prohibiting smoking at special events to further include a prohibition
on vaping and the consumption of marijuana;
2. At the request of the City's insurance carrier, minor revisions to the section regarding
insurance requirements for special events;
3. The additions of the Salvation Army Toy Run and the Harley Owners Group Toy Run to the list
of community events that are exempt from special event cost recovery fees;
4. Language clarifying the financial liability of special events applicants if the city incurs costs as a
result of their failure to comply with the conditions of a special event permit;
5. A revision to allow special event applicants to promote events—at their own risk—prior to
written approval of the event;
6. Other minor miscellaneous changes.
ITEM BUDGETED:
NA
STRATEGIC PRIORITY: Economic Development
APPROVED FOR
SUBMITTAL:
City Manager
STAFF RECOMMENDATION:
Pass ordinance
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description
Ordinance re YMC 9.70 Special Events - Parades -
track changes
Ordinance re YMC 9.70 Special Events - Parades -
FINAL
Upload Date
2/23/2018
223/2018
Type
Ordinance
Ordinance
2
ORDINANCE NO. 2018 -
ORDINANCE amending Chapter 9.70 of the City of Yakima Municipal Code relating to
Special Events – Parades
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Chapter 9.70 of the City of Yakima Municipal Code is hereby amended to
read as follows
Chapter 9.70
SPECIAL EVENTS—PARADES
Sections
9.70.010 Definitions.
9.70.020 Special event permit required.
9 70 030 Exceptions to special event permit requirement.
9 70 040 Issuance of a special event permit does not obligate city services
9 70 050 Priority of special event permit issuance
9 70 060 Time for filing application for special event permit
9 70 070 When application for special event permit is deemed complete
9 70 080 Date of special event not confirmed until notice of confirmation issued.
9 70 090 Content of special event permit application
9.70.092 No parking along route of established community parade.
9.70.100 Conditions affecting the issuance of an expedited special event permit
9 70 110 Reasons for denial of a special event permit
9 70 120 Denial of a special event permit application—Appeals from denial
9 70 130 Display of special event permit required
9 70 140 Contents of special event permit
9 70 150 Economic development manager's action on special event permit application
9 70 160 Insurance required to conduct special event
9 70 170 Waiver of insurance requirements.
9.70.180 Revocation of special event permit.
9 70 190 Cost recovery for special events—Fees—Security deposit
9 70 200 Effect of receipt of donations on status of tax-exempt nonprofit organizations
9 70 220 Expressive activity special event
9 70 240 Delegation of city manager's authority
9 70 250 City manager authorized to adopt rules and regulations
9 70 260 Authorized special event vendors.
9.70.270 Unlawful to conduct or promote attendance at special event without permit
9 70 280 Other permits and licenses
9 70 290 Unlawful to sell goods in special event venue without authorization
9 70 295 Smoking prohibited
9 70 300 Cost recovery for unlawful special event
9 70 310 Penalties for violations
9.70.010 Definitions.
Terms used in this chapter shall have the following meanings
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(1) "City" means the city of Yakima
(2) "Demonstration" means a public display of group opinion as by a rally or march, the
principal purpose of which is expressive activity
(3) "Economic development manager" means the economic development manager of
the city, or his or her designee, who shall be the special event coordinator for the city
(4) "Established community parade" means a parade that has occurred annually for at
least three years within the city and includes the following annual parades Cinco de
Mayo Parade, Memorial Day Parade, Sunfair Parade, Veterans Day Parade, -and
Holiday Light Parade Salvation Army Toy Run, and Harley Owners Group Toy Run
(5) "Event organizer" means any person who conducts, manages, promotes,
organizes, aids, or solicits attendance at a special event
(6) "Event management company" means an entity with expertise in managing special
events
(7) "Expressive activity" includes conduct, the sole or principal object of which is the
expression, dissemination, or communication by verbal, visual, literary, or auditory
means of political or religious opinion, views, or ideas and for which no fee or donation is
charged or required as a condition of participation in or attendance at such activity For
purposes of this chapter, expressive activity does not include sports events, including
marathons, fundraising events, or events the principal purpose of which is entertainment
(8) "Gross revenues" means the sum of all revenues received by an event organizer
for a special event including, but not limited to, cash receipts, licensing, sponsorships,
television, advertising and similar revenues, and concessions
(9) "March" means an organized walk or event whose principal purpose is expressive
activity in service of a public cause
(10) "Marijuana means marijuana as defined by RCW 69 50 101 as now or hereafter
amended
(11) "Marijuana -infused products" means marijuana -infused products as defined by
RCW 69 50 101 as now or hereafter amended
(1 ) "Noncommercial special event" means any special event organized and
conducted by a person or entity that qualifies as a tax-exempt nonprofit organization, or
a special event whose principal purpose is expressive activity
(131) "Parade" means any march or procession consisting of people, animals or
vehicles, or combinations thereof, except funeral processions, upon any public street,
sidewalk or alley, which does not comply with the normal and usual traffic regulations or
controls
(142) "Rally" means a gathering whose principal purpose is expressive activity,
especially one intended to inspire enthusiasm for a cause
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(153) "Sidewalk" means that portion of a right-of-way, other than the roadway, set
apart by curbs, barriers, markings, or other delineation for pedestrian travel
(1o4) "Sign" means any sign, pennant, flag, banner, inflatable display, or other
attention -seeking device
(176) "Special event service team" means representatives assigned by their respective
department directors to represent the interests of their department as it relates to the
issuance of special event permits
(1 ) "Special event" means any fair, show, parade, run/walk, festival, or other publicly
attended entertainment or celebration which is to be held in whole or in part upon
publicly owned property or public rights-of-way, or if held wholly upon private property,
will nevertheless affect or impact the ordinary and normal use by the general public of
public property or public rights-of-way within the vicinity of such event
(197) "Special event permit" means a permit issued under this chapter
( ) "Special event venue" means that area for which a special event permit has
been issued
( ) "Street" means any place that is publicly maintained and open to use of the
public for purposes of vehicular travel, including highways
(220) "Tax-exempt nonprofit organization" means an organization that is exempted
from payment of income taxes by federal or state law and has been in existence for a
minimum of six months preceding the date of application for a special event permit
(23) Useable manivana means useable manivana as defined by RCM 69 50 101 as
now or hereafter amended
(24) "Use vapor products" or "use of a vapor product" means the act of
inhaling/exhaling the vapor or aerosol from a vapor product
(25) "Vape" or "vapinq" means the use of a vapor product
(26) "Vapor product" means any (1) device that employs a battery or other mechanism
to heat a solution or substance to produce a vapor or aerosol intended for inhalation, (2)
cartridge or container of a solution or substance intended to be used with or in such a
device or to refill such a device, or (3) solution or substance intended for use in such a
device, including, but not limited to, concentrated nicotine "Vapor product" includes any
electronic cigarettes, electronic nicotine delivery systems, electronic cigars, electronic
cigarillos, electronic pipes, vape pens, steam stones, or similar products or devices as
well as any parts that can be used to build such products or devices
(271) "Vendor" means any person who sells or offers to sell any goods, food, or
beverages within a special event venue (Ord 2015-043 § 1 (Exh A) (part), 2015 Ord
2015-006 § 1, Ord 2013-041 § 2 (part), 2013 Ord 2012-61 § 2 (Exh A) (part), 2012)
9.70.020 Special event permit required.
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(a) Except as provided elsewhere in this chapter, any person or entity who conducts,
promotes, or manages a special event shall first obtain a special event permit from the
economic development manager
(b) The economic development manager is authorized to issue permits for special
events occurring within the city limits, pursuant to the procedures established in this
chapter The economic development manager is authorized to determine the special
event venue The economic development manager may impose reasonable conditions
on the use of the special events venue based on the provisions of this chapter The
economic development manager shall coordinate the issuance of a special event permit
with the special event service team and other public agencies through whose jurisdiction
or property the special event or portion thereof occurs and to issue a special event
permit upon the concurrence of other public agencies involved
(c) The economic development manager has authority to issue one special event
permit for any special event of continuing duration (such as a farmer's market scheduled
to occur each weekend at the same location for a period of months), or a special event
consisting of programs with separate components requiring reoccurring closures of a
street or streets over a period of time or season. (Ord. 2015-043 § 1 (Exh A) (part),
2015 Ord 2013-041 § 2 (part), 2013 Ord 2012-61 § 2 (Exh. A) (part), 2012).
9.70.030 Exceptions to special event permit requirement.
(a) Although not required to be issued a special event permit, an event organizer of an
activity exempted from this chapter is required to comply with all local, state and federal
laws and regulations governing public safety or health
(b) The following activities are exempt from having to obtain a special event permit
(1) Parades, athletic events or other special events that occur exclusively in city parks
and are sponsored or conducted in full by any city of Yakima department,
(2) Funeral procession by a licensed mortuary;
(3) Gatherings of one hundred or fewer people in a city park, unless merchandise or
services are offered for sale or trade to the public, in which case a special event permit
is required,
(4) Temporary sales conducted by businesses, such as holiday sales, grand opening
sales, sidewalk sales, or anniversary sales,
(5) Garage sales, rummage sales, lemonade stands and car washes,
(6) Private events held entirely on private property that do not involve the use of or
have an impact on public property or facilities and that do not require the provision of city
public safety services;
(7) Activities conducted by a governmental agency acting within the scope of its
authority or within a building owned by such governmental agency,
(8) Lawful picketing on sidewalks,
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(9) Activities and events conducted, sponsored or promoted by the Yakima Convention
Center and the Capitol Theatre occurring within and upon their respective facilities; and
(10) Block parties, which must be applied for through a separate, streamlined city
process (Ord 2015-043 § 1 (Exh. A) (part), 2015 Ord 2013-041 § 2 (part), 2013 Ord
2012-61 § 2 (Exh A) (part), 2012)
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 services, equipment, or personnel in support of a special event (Ord
2015-043 § 1 (Exh A) (part), 2015. Ord. 2013-041 § 2 (part), 2013 Ord 2012-61 § 2
(Exh A) (part), 2012)
9.70.050 Priority of special event permit issuance.
Except for a special event sponsored by the city, priority shall be given for the issuance
of a special event permit to local tax-exempt nonprofit organizations operating in and
providing services to the citizens of the city. (Ord. 2015-043 § 1 (Exh A) (part), 2015
Ord 2013-041 § 2 (part), 2013: Ord. 2012-61 § 2 (Exh A) (part), 2012)
9.70.060 Time for filing application for special event permit.
(a) Except as otherwise provided in this chapter, a preapplication meeting shall be held
no less than six months in advance of a new special event and no less than three
months in advance of a repeat special event Upon good cause shown and provided that
there is no significant risk or burden to the city, the economic development manager
may, in his or her discretion, allow a later preapplication meeting
(b) With the exception of an expressive activity special event. aA complete application
for a special event permit shall be filed with the economic development manager not less
than forty-five calendar days before the time when it is proposed to conduct the special
event. If the conditions of YMC 9 70 100 are satisfied, then uUpon good cause shown
and provided that no risk or burden to the city ensues, the economic development
manager has discretion to allow a later filing In addition to anter applicable fees under
YMC 9.70.190, aA late fee of one hundred dollars will be assessed on any
application submitted less than three weeks before the scheduled event.
(c) An application for an expressive activity special event permit shall be filed with the
economic development manager no less than seven fourteen calendar days before the
time when it is proposed to conduct the expressive activity special event Upon good
cause shown and provided that no risk or burden to the city ensues, the economic
development manager may, in his or her discretion, allow a later filing. (Ord. 2015-043
§ 1 (Exh A) (part), 2015 Ord 2013-041 § 2 (part), 2013: Ord. 2012-61 § 2 (Exh. A)
(part), 2012)
9.70.070 When application for special event permit is deemed complete.
An application for a special event permit is deemed complete when the applicant has
provided all of the information required in YMC 9.70.090, including any additional
information required by the economic development manager, and where city services
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are to be provided, the application has been approved by any involved city department,
or the special event service team, and the city manager and the city council, if required
(Ord 2015-043 § 1 (Exh A) (part), 2015 Ord 2013-041 § 2 (part), 2013: Ord. 2012-61
§ 2 (Exh A) (part), 2012)
9.70.080 Date of special event not confirmed until notice of confirmation issued.
Nothwithstandinq the economic development managers acceptance of a completed
application, the date of the event shall not be considered confirmed until the economic
development manager issues a written notice of confirmation All marketing efforts
undertaken by an event organizer, and costs associated with such efforts prior to receipt
of the written confirmation, are done so at his or her own risk
Ord 2012 61 § 2 (Exh A) (part). 2012)
9.70.090 Content of special event permit application.
The application for a special event permit should include the following
(1) The name, address, fax, cell, email address, and office telephone number of the
applicant,
(2) A certification that the applicant will be financially responsible for any city fees or
costs that may be imposed for the special event;
(3) The name, address, fax, cell, email address and telephone number of the event
organizer, if any, and the chief officer of the event organizer, if any The applicant shall
provide such contact information for a person to serve as public liaison for the media and
public. The applicant must designate a person as on-site liaison, who must be present
and available via cell phone during setup, tear -down and during the event. This person
must have the authority to make decisions on behalf of the event organizer and must be
accessible to city staff, police and any other identified individuals or organizations,
(4) A list of emergency contacts that will be in effect during the event, and the event
web address, if any,
(5) If the special event is designed to be held by, on behalf of, or for any organization
other than the applicant, the applicant for the special event permit shall file a signed,
written communication from such organization
(A) Authorizing the applicant to apply for the special event permit on its behalf,
(B) Certifying that the applicant will be financially responsible for any costs or fees that
may be imposed for the special event,
(C) A copy of the tax exemption letter issued for any applicant claiming to be a tax-
exempt nonprofit organization; and
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(6) All permit applications shall include
(A) A statement of the purpose of the special event,
(B) A statement of fees to be charged for the special event, including admissions fees;
(C) The proposed location for the special event,
(D) Dates and times when the special event is to be conducted;
(E) The approximate times when assembly for, and disbanding of, the special event is
to take place;
(F) The proposed locations of the assembly or production area,
(G) The specific proposed site or route, including a map, written narrative of the route,
and a site safety plan The site safety plan will include site layout, electrical and water
installations serving the event, with a description of any safety hazards and precautions
for the event For example, electrical cords should be taped down and tripping hazards
marked Fire hazards should be identified, and where there is a hazard, safety
provisions will be approved by the code administration manager or his designee The
city reserves the right to require an emergency access corridor to be maintained on a
street, or anywhere else designated by the code administration manager, to allow
access by emergency vehicles. No materials which cannot be quickly removed or
displaced (e g , barricades) can be situated in this corridor. Access to fire hydrants shall
not be obstructed
The site safety plan will also include a traffic safety plan Traffic impacts must be
identified Special attention should be paid to ingress and egress of all residential
property near the event or parade route The economic development manager and
police department may assist with developing a traffic safety plan which minimizes
disruptions to business and residential traffic flows. Times and locations of event
activities should be planned to avoid arterial access routes to neighborhoods and
businesses Applicants shall take appropriate measures to reduce parking impacts and
overflow into surrounding neighborhoods Vehicle movement on site may not be
permitted during times when the event is open to the public
The site safety plan will also include a security plan, including the number of persons
proposed or required to provide security, monitor or facilitate the special event, and
provide spectator or participant control and direction for special events using city streets,
sidewalks, or facilities Security provisions and plans for the special event are subject to
review and approval by the police department The police department may require the
event organizer to retain an off-duty Yakima police department officer or officers to
supplement and enhance the event organizer's security personnel and security plan
The number of such police officers shall be determined by the police chief based upon
the type of event, anticipated number of attendees, plans for service and/or consumption
of alcohol, and other like criteria. The event organizer shall be solely responsible to
retain such officers through arrangements with the appropriate designated office of the
Yakima police department,
(H) The proposed site of any reviewing stands,
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(I) The proposed site for any disbanding area;
(J) Proposed alternate routes, sites or times, where applicable,
(K) The approximate number of persons, animals or vehicles that will constitute the
special event, and the number and types of vendors that will participate in the event,
(L) The kinds of animals anticipated to be part of the special event;
(M) A description of the types of vehicles to be used in the special event,
(N) The number of bands or other musical units and the nature of any equipment to be
used to produce sounds or noise Events with outdoor entertainment, music and
speeches (particularly those with amplified sound) shall not unreasonably impact
neighboring residents or businesses Proposed outdoor events with expected noise
impacts are required to provide a sound management plan for controlling the type and
volume of sound produced by the event The sound management plan shall be attached
to the application No event shall exceed a maximum decibel limit of ninety-five dB
measured at the property line over a sustained period of ten minutes During the site
planning approval of the event, the effective property line for sound approval will be
determined Outdoor music and entertainment shall be limited to performing between the
hours of ten a m and ten p m Exceptions to the time constraints may be made if
recommended by the economic development manager and approved by the city
manager The event producer/applicant is required to provide the schedule of artists and
entertainers to the city no later than forty-five days prior to the event or as soon as the
artists are known to the event producer,
(0) The number, type and location of portable sanitation facilities, including a
description of the number and location of waste receptacles, including receptacles for
disposal of food waste, wastewater and grease,
(P) Other equipment or services necessary to conduct the special event with due
regard for participant and public health and safety, including but not limited to
accommodations for access and use by disabled persons,
(Q) Provisions for first aid or emergency medical services, or both, based on special
event risk factors,
(R) Insurance and surety bond information,
(S) Any special or unusual requirements that may be imposed or created by virtue of
the proposed special event activity,
(T) The marketing plan with proposed timelines associated with marketing the activity
to the general public, together with proposed plan for signage advertising the event If a
permit for street banner is requested, a complete application for such banner pursuant to
Chapter 15 08 YMC,
(U) Event timeline documenting activities from event setup to event tear -down,
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(V) Arrangements for parking of personal vehicles of vendors, event promoters, event
volunteers and event employees Such parking shall not occur on any public parking lot
or designated public parking space, and arrangements must be made by the event
organizer with providers of private parking facilities for the parking of such vehicles
during the event and any cleanup In order to preserve available excess public parking
for persons attending the event, the city may require applicant to obtain a sufficient
number of parking spaces from providers of private parking facilities in the vicinity of the
event venue The number of required private parking spaces shall be determined by the
city using the following factors (i) the number of persons anticipated to attend and
participate in the event, including event volunteers, employees, contractors and vendors;
(11) the number of available private parking spaces available from private parking
providers in the vicinity of the event venue, (iii) whether the applicant has made
arrangements for shuttling attendees and participants to and from the event from a
parking area outside the near vicinity of the event venue,
(W) The location of vendors and vending areas, and the location of tents, canopies,
stages and associated viewing areas, together with necessary or appropriate
accommodations for access and use by disabled persons,
(X) If alcohol is to be provided, sold or served, the event organizer shall obtain,
maintain and comply with the applicable liquor license or permit issued by the
Washington State Liquor Control Board, and shall provide a copy of such license or
permit to the city The application shall include a description of all points of sale or
service of alcoholic beverages within the site venue, together with any designated and
controlled areas of consumption (such as cordoned "beer garden") For special events
that include the provision, sale or service of alcoholic beverages, the event organizer
must additionally comply with the alcohol event insurance requirements of YMC
9.70.160;
(Y) The city will provide and require the use of available city tents, canopies or other
event The city will charge a security deposit for the use of such tents, canopies or other
the city The number of required city tents and/or canopies shall be determined by the
city based on the number of persons expected to attend and participate in the evc ho
city reserves the right to grant or deny permission to use such tents, canopies and
equipment, or to limit or condition such use, in its sole discretion The city may provide
use of city street barricades, traffic cones, lane divider poles and traffic safety vests and
other similar equipment, subject to availability and appropriate security deposit,
(Z) Notification Plan All residents and businesses within three hundred feet of the
event venue shall be notified in writing of the event date, planned hours of operation and
event content no less than fourteen days prior to the event In the case of a parade, all
businesses must be notified along the parade route and within three hundred feet of the
staging or break -down area The notification zone may be limited or extended based on
potential impacts to be determined by the economic development manager. The city
may require approval of the content of the written notification and proof of its delivery to
impacted residents and businesses Notifications must include the date of the event or
parade, the hours the event or parade will affect business activity in the area and an
event contact for questions The acceptable ways to notify businesses are (a) a letter
mailed to each location, or (b) a notice hand -delivered to each affected location Events,
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parades and other special events, such as jogging events, requiring removal of access
to public parking along the event location or the route, require notification by the event
organizer five days in advance of the event,
(AA) Any other information or permit required for the event or by the economic
development manager to enable him or her to timely or adequately process the
application. (Ord. 2015-043 § 1 (Exh A) (part), 2015 Ord 2013-041 § 2 (part), 2013
Ord 2012-61 § 2 (Exh. A) (part), 2012).
9.70.092 No parking along route of established community parade.
No vehicle shall be parked on city streets and rights-of-way designated and approved as
the parade route for an established community parade during the time the parade is
scheduled to occur and for a period of two hours preceding the start of the parade
Vehicles parked upon the streets and rights-of-way designated as the parade route
during such times are subject to tow by the city at the expense of the owner The
applicant will comply with the notification requirements of YMC 9 70 090(6)(Z) to notify
affected businesses and property owners, and post appropriate notices on vehicles
parked along the parade route (Ord 2015-043 § 1 (Exh. A) (part), 2015: Ord. 2015-006
§ 2, 2015)
9.70.100 Conditions affecting the issuance of an expedited special event permit.
(a) Where the event organizer has not requested and the special event does not
require city services, equipment, or personnel, the economic development manager may
issue an expedited special event permit when, based upon the completed application, all
of the conditions listed in this section are met
(1) The special event will not substantially interrupt public transportation or other
vehicular and pedestrian traffic in the area of its route,
(2) The special event will not cause an irresolvable conflict with construction or
development in the public right-of-way or at a public facility;
(3) The special event will not block traffic lanes or close streets during peak commuter
hours on weekdays between seven a m to nine a m and four p m to six p m on streets
designated as arterials by the city's public works department,
(4) The special event will not require the diversion of police employees from their
normal duties,
(5) The concentration of persons, animals or vehicles will not unduly interfere with the
movement of police, fire, ambulance, and other emergency vehicles on the streets,
(6) The special event will move from its assembly location to its disbanding location
expeditiously and without stopping en route;
(7) The special event will not substantially interfere with any other special event for
which a permit has already been granted or with the provision of city services in support
of other scheduled special events or unscheduled governmental functions, and
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(8) The special event will not have significant adverse impact upon residential or
business access and traffic circulation in the same general venue.
(b) If the provisions in subsection (a) of this section are met, and the requested special
event is to occur entirely within any area designated by the city as an approved special
event venue, the economic development manager may issue a special event permit
pursuant to this section when the attendance at such event is reasonably anticipated to
be less than two thousand persons, and the event organizer has secured adequate
private parking facilities for the private vehicles of event employees, vendors,
entertainers, and other event personnel
(c) In order to ensure that the conditions in this section are met, the economic
development manager may place conditions on the special event permit. The provisions
of YMC 9 70 190, cost recovery and security deposit, will apply (Ord 2015-043 § 1
(Exh. A) (part), 2015 Ord 2013-041 § 2 (part), 2013 Ord 2012-61 § 2 (Exh A) (part),
2012).
9.70.110 Reasons for denial of a special event permit.
(a) The economic development manager may deny a special event permit to an
applicant who has not
(1) Provided for the services of a sufficient number of trained and certified traffic
controllers,
(2) Provided sufficient monitors for crowd control and safety two weeks prior to the
event date,
(3) Provided sufficient safety, health, or sanitation equipment services, or facilities that
are reasonably necessary to ensure that the special event will be conducted with due
regard for safety,
(4) Provided sufficient off-site parking or shuttle service, or both, when required, to
minimize any substantial adverse impacts on general parking and traffic circulation in the
vicinity of the special event, or
(5) Met all of the requirements for submitting an application for a special event permit
(b) The economic development manager may deny a special event permit if in the
economic development manager's opinion:
(1) The special event will create the imminent possibility of violent disorderly conduct
likely to endanger public safety or to result in significant property damage;
(2) The special event will violate public health or safety laws,
(3) The special event fails to conform to the requirements of law or duly established
city policy,
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(4) The applicant demonstrates an inability or unwillingness to conduct a special event
pursuant to the terms and conditions of this chapter,
(5) The applicant has failed to conduct a previously authorized or exempted special
event in accordance with law or the terms of a permit, or both,
(6) The applicant has not obtained the approval of any other public agency within
whose jurisdiction the special event or portion thereof will occur;
(7) The applicant has failed to provide an adequate first aid or emergency medical
services plan based on special event risk factors; or
(8) The applicant has failed to pay all fees due from previous special events
(c) The economic development manager may deny a special event permit to an
applicant who has _inpaid fees associated with a previous special event permit_ or has
failed to comply with any term of this chapter or with any condition of a special event
permit previously issued to the applicant (Ord 2015-043 § 1 (Exh A) (part), 2015 Ord
2013-041 § 2 (part), 2013 Ord 2012-61 § 2 (Exh A) (part), 2012)
9 70 120 Denial of a special event permit application—Appeals from denial.
(a) If the economic development manager denies the application for the special event
permit, pursuant to this section, he or she shall notify the applicant in writing as soon as
is reasonably practicable
(b) The denial of a special event permit may be appealed to the city manager or his or
her designee
(c) An appeal shall be made in writing within seven calendar days of the date of the
written denial An appeal is made by filing a written petition with the economic
development manager, setting forth the grounds for appeal and any documentation in
support of the appeal
(d) The city manager shall consider and decide the appeal as soon as is reasonably
practicable and issue a written decision (Ord 2015-043 § 1 (Exh A) (part), 2015 Ord
2013-041 § 2 (part), 2013 Ord 2012-61 § 2 (Exh A) (part), 2012)
9 70 130 Display of special event permit required.
A copy of the special event permit shall be displayed in the special event venue in the
method prescribed by the economic development manager applicable to the particular
special event and shall be exhibited upon demand of any city official (Ord 2015-043 § 1
(Exh A) (part), 2015 Ord 2013-041 § 2 (part), 2013 Ord 2012-61 § 2 (Exh A) (part),
2012)
9 70 140 Contents of special event permit
(a) The city may condition the issuance of a special event permit by imposing
reasonable requirements concerning the time, place and manner of the event, and such
requirements as are necessary to protect the safety and rights of persons and property,
12
and the control of traffic A special event permit may include the following information 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,
(4) The minimum and maximum speeds of the special event;
(5) The number and types of persons, animals, and vehicles or structures at the event,
the number of bands, other musical units, and equipment capable of producing sound, if
any; and limitations thereon pertaining to noise abatement, and inspection and approval
of floats, structures, and decorated vehicles for fire safety,
(6) The maximum interval of space to be maintained between booths or other
structures to be used for the special event,
(7)
(8)
The portion of the street and sidewalk that is to be occupied by the special event,
The location of reviewing or audience stands, if any,
(9) The number and location of traffic controllers, monitors, other support personnel
and equipment, and barricades to be furnished by the economic development manager,
(10) The area and time for disbanding,
(11) The conditions or restrictions on the use of alcoholic beverages and authorization
for and conditions of the exclusive control or regulation of vendors and related sales
activity by the event organizer during the special event,
(12) The provisions for any required emergency medical services, accommodations for
access by disabled persons, site safety and site security, and
(13) Such other information and conditions as are reasonably necessary for the
conduct of the special event and the enforcement of this chapter, including the
requirement for a professional event management company to produce an event or for
the on-site presence of the event organizer or its designated representative for all
special event coordination and management purposes
(b) As a condition of the issuance of a special event permit, the applicant shall be
required to do a walk-through of the event site with the economic development manager
prior to the event, and make adequate provisions for cleaning the area or route of the
special event both during and upon completion of the special event and to return the
area or route to the same condition of material preservation and cleanliness as existed
prior to the special event. The city may take photographs of the site showing the
preevent condition of the site, and shall maintain such photographs in the event file. For
special events occurring within and upon city -designated special event sites, the city
13
shall maintain a file of photographs, updated as the city deems appropriate, to show
preevent condition of the site The applicant is responsible to inspect the proposed event
site, and shall represent in the application that the photographs represent an accurate
depiction of the preevent condition of the site
(c) As a condition of the issuance of a special event permit, the applicant shall be
required to provide a security deposit as determined appropriate by the economic
development manager pursuant to YMC 9.70.190.
(d) As a condition of the issuance of a special event permit, the city may require
execution of a special event agreement setting forth the terms and conditions of the
special event and special event permit. (Ord. 2015-043 § 1 (Exh A) (part), 2015 Ord
2013-041 § 2 (part), 2013 Ord. 2012-61 § 2 (Exh. A) (part), 2012)
9.70.150 Economic development manager's action on special event permit
application.
(a) Except as otherwise provided in this section, the economic development manager
shall take final action upon a completed application for a special event permit as soon as
practicable.
(b) The economic development manager is not required to take final action upon any
special event permit application prior to one hundred eighty calendar days before the
special event.
(c) The economic development manager is not required to take final action on an
incomplete or untimely special event permit application
(d) Final action on a completed special event permit application shall consist of one of
the following
(1) Issuance of a special event permit in accordance with the terms of the application,
or
(2) Issuance of a special event permit in accordance with the terms of the application,
as conditioned by the economic development manager or as modified by mutual
agreement between the economic development manager and the applicant, or
(3) Denial of the special event permit application by the economic development
manager (Ord 2015-043 § 1 (Exh A) (part), 2015 Ord 2013-041 § 2 (part), 2013: Ord.
2012-61 § 2 (Exh A) (part), 2012)
9.70.160 Insurance required to conduct special event.
A. In addition to any other requirement(s) imposed by this chapter, for any parade or
special event involving participation of persons in games or races involving physical
effort, or involving the use of live animals, wild or domestic, or involving the use of
vehicles (except wheelchairs), or provision or sale of beverages or food for human
consumption, or use of alcoholic beverages, the applicant shall have the following
minimum insurance requirements
14
1 Commercial General Liability (Occurrence Form) One million dollars per
occurrence/two million dollars aggregate combined single limit liability for bodily injury
and property damage If other than the standard CG 00 01 form is used, such as a
special events policy, the policy shall be furnished to the city attorney for review and may
be rejected based upon the specified policy exclusions If animals are included in the
event, no animal exclusion will be allowed or approved The policy shall not contain a
separaten assault and battery exclusion. The policy shall not exclude coverage for
participants in the event
2 If sponsor owned or rented vehicles are involved in the event automobile liability at
one million dollars per occurrence combined single limit bodily injury and property
damage This includes coverage for any owned, hired or non -owned vehicles. If the
sponsor of the event does not own the vehicles that will be used in the event, then only
hired and non -owned auto liability may be required, which can be included on the
commercial general liability policy
3 If liquor is served at the event liquor liability coverage shall be required at a one -
million -dollar liability limit If there is no charge for the liquor being served and the policy
provides host liquor liability coverage, then this requirement may be waived with the
economic development manager's approval
4 The applicant shall provide a certificate of insurance as proof of the insurance
required above that clearly states who the provider is, the amount of coverage, the policy
number, and when the policy and provisions provided are in effect Said policy shall be
in effect for the duration of the permit The certificate of liability insurance policy shall
name the city of Yakima, its elected officials, officers, agents, employees and volunteers
as additional insureds, and shall contain a clause that the insurer will not cancel the
insurance without first giving the city prior written notice The insurance shall be with an
insurance company or companies rated A -VII or higher in Best's Guide and admitted in
the state of Washington, or an A -VII rated approved surplus lines carrier If the city is
damaged by the failure of the applicant to maintain the above insurance or to notify the
city, then the applicant shall bear all costs attributable thereto An expiration,
cancellation, or revocation of the insurance policy or withdrawal of the insurer from the
insurance policy automatically suspends the permit issued to the applicant until a new
insurance policy or reinstatement notice has been filed and approved as provided in this
section
B No later than thirty days prior to the event, unless the economic development
manager for good cause modifies the filing requirements, the applicant shall file with the
economic development manager evidence of liability insurance coverage, for review by
the city attorney A complete copy of the policy will be furnished to the city attorney if
requested. The requirements of the certificate of liability insurance
beverages are to be dispensed
C. The applicant shall provide a signed statement that the applicant/responsible party
shall pay the costs of services which the city of Yakima is required to perform by reason
of management of street use of the parade or special event, including but not limited to
cleanup Upon completion of the parade or special event, the economic development
15
manager shall compile a statement of account which shall be mailed to the
applicant/responsible party, payable within thirty days
D Waiver, Reduction or Increase of Required Limits If the special event is of a
demonstrated high or low risk category, according to recognized insurance and risk
management standards, the economic development manager, on the advice of the city
attorney or city's risk manager, may authorize a greater or lesser amount of coverage
than otherwise required, or may require a particular type of insurance coverage different
from that specified in this section
E As a further condition of the issuance of any permit, the applicant shall defend,
indemnify, and hold harmless the city, its elected officials, officers, agents, employees
and volunteers from and against any and all claims, causes of action, damages, losses,
and expenses of any kind or nature whatsoever, including but not limited to attorney's
fees and court cost, arising out of, relating to or resulting from the parade or special
event and/or the application for the parade or special event
F The indemnification requirements set forth in this section shall not be construed to
apply to events permitted under this chapter involving expressive activity which enjoys
protection under the United States or Washington Constitutions except that sponsors of
such events shall be required to redesign or reschedule the permitted event to respond
to specific risks, hazards and dangers to the public health and safety identified by the
director of community and economic development as reasonably foreseeable
consequences of the event
G The insurance required by this section shall encompass all liability insurance
requirements imposed for other permits required under other sections of this chapter and
is to be provided for the benefit of the city and not as a duty, express or implied, to
provide insurance protection for spectators or participants (Ord 2015-043 § 1 (Exh A)
(part), 2015 Ord 2013-043 § 1 (Exh A), 2013 Ord 2013-041 § 2 (part), 2013 Ord
2012-61 § 2 (Exh A) (part), 2012)
9.70.170 Waiver of insurance requirements.
(a) Except for special events where the sale of alcoholic beverages is authorized, the
insurance requirements of YMC 9 70 160 may be waived In making the determination of
whether to waive insurance, the city shall consider the following factors
(1) Whether it is an expressive activity special event governed by YMC 9 70 220,
(2) Whether it is objectively impossible to obtain insurance coverage,
(3) Whether the special event will involve the use of equipment (other than sound
equipment), vehicles, animals, fireworks, or pyrotechnics, or
(4) Whether a fee or donation is charged or required as a condition of admission or
participation in the special event
(b) To claim that it is objectively impossible to obtain insurance coverage pursuant to
this section, the applicant shall submit a statement from at least two independent
16
licensed insurance brokers demonstrating the insurance is unavailable in the
marketplace
(c) Even though insurance is waived, the city may require the event organizer of a
special event to defend, indemnify, and hold harmless the city from any claim or liability
arising from the special event (Ord 2015-043 § 1 (Exh. A) (part), 2015 Ord 2013-041
§ 2 (part), 2013 Ord 2012-61 § 2 (Exh A) (part), 2012)
9 70 180 Revocation of special event permit.
(a) Any special event permit issued pursuant to this chapter is subject to revocation,
pursuant to this section
(b) A special event permit may be revoked if the city determines
(1) That the special event cannot be conducted without violating the standards or
conditions for special event permit issuance or such standards and conditions have
already been violated,
(2) An emergency or supervening occurrence requires the cancellation or termination
of the event in order to protect the public health or safety, (2) The special event IG
be-ing conducted in violation of any condition of the special event permit,
(3) The special event poses a threat to health or safety,
(4) The event organizer or any person associated with the special event has failed to
obtain any other permit required pursuant to the provisions of this chapter,
(5)
(6)
(7)
The special event permit was issued in error or contrary to law,
The applicant has not paid all fees when due,
The applicant has failed to provide confirmation or proof that it has obtained the
minimum number of required volunteers to perform safety functions
(8) - The applicant, in the information supplied, has made a misstatement of a matenal
fact
(c) Except as provided in this section, notices of revocation shall be in writing and
specifically set forth the reasons for the revocation
(d) If there is an emergency or supervening occurrence requiring immediate revocation
of a special event permit, the special event coordinator may notify the permit holder
verbally of the revocation
(e) An appeal from a revocation shall be handled in the same manner and under the
same time requirements as denials of special event permits, pursuant to YMC 9.70.120
(Ord 2015-043 § 1 (Exh A) (part), 2015 Ord 2013-041 § 2 (part), 2013 Ord 2012-61
§ 2 (Exh A) (part), 2012)
9 70 190 Cost recovery for special events—Fees—Security deposit.
17
A Special Event Permit Application Fee A fifty dollar nonrefundable application fee
must be submitted with any special event permit application Any event application
submitted less than three weeks before the scheduled event is subject to a additional
one hundred dollar late fee.
B. City Services Permit Fee Upon approval of an application for a permit for a special
event not protected under the First and Fourteenth Amendments of the U.S.
Constitution, the economic development manager should provide the applicant with a
statement of the estimated cost of city services, equipment and materials used or
provided by city in providing traffic control and management for parades and vehicle
events, and permit fees xempt from the special event cost recovery permit fee
are the community events listed as follows: Memorial Day Parade, Cinco De Mayo
Parade, 4th of July Celebration, Sunfair Parade, Veterans Day Parade; Salvation Army
Toy Run, Harley Owners Group Toy Run and Christmas Light Parade.
The special event permit fee shall be calculated and assessed as follows
(1) The economic development manager shall send copies of special event
applications to affected city departments By way of illustration, and without limitation,
personnel services provided by affected city departments include, but are not limited to,
services such as police escorts and traffic control Costs of such services are called
"event management personnel costs." Each departmental personnel activity required for
the special event shall be itemized, showing hourly rate and total cost The "total event
management personnel costs to the city" shall be the sum of each department's
personnel costs Nonprofit applicants shall pay fifty percent of the costs of the personnel
services provided by the city For profit applicants will pay one hundred percent of the
total event management personnel costs In addition, a ten dollars per tent fee will be
(2) The economic development manager shall require payment of fees, or a
reasonable estimate thereof, at the time the completed application is approved. The
special event permit will not be issued unt. :ne special evt..t permit fee is paid in full.;
C Security Deposit Except for an application for a permit for a special event protected
under the First and Fourteenth Amendments of the U.S Constitution, and events solely
sponsored by the city, each application for a special event permit shall be accompanied
by a security deposit For special events requiring the closure of public streets, the
amount of the security deposit shall be between two thousand five hundred dollars and
five thousand dollars, based on the factors listed below For special events limited to any
city designated special event venue or other venue, or a special event permit issued
under the expedited process of YMC 9 70 100, the amount of the security deposit shall
be in an amount determined by the economic development manager based on the
factors listed below 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 number 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 the event venue;
18
and (v) any other factor deemed relevant to determine the amount of deposit based
upon reasonably foreseeable costs of cleanup, repair and/or restoration
(1) Payment of Funds to Be Used for Security Deposit Payment of funds to be used
for security deposit shall be by cash or certified check
(2) Deposit of Funds Funds received from the applicant for security deposit shall be
receipted by the city and deposited in an appropriate fund
(3) Refund of Security Deposit Subject to compliance with the following conditions,
funds held by the city as a security deposit shall be refunded to the applicant in
accordance with applicable payment procedures of the city
(a) Applicant has complied with all requirements of the permit;
(b) Applicant has cleaned, repaired and restored the site following the conclusion of
permitted event to the condition existing prior to the event, reasonable wear and tear
excepted, to the satisfaction of the economic development manager
(4) Use of Funds in Security Deposit by City In the event applicant fails to comply with
the approved cleanup plan included within the permit and/or damage to city property or
facilities has occurred on the event site attributed to participants in the event, the
economic development manager shall use reasonable efforts to notify the applicant that
the city will proceed to clean, repair and restore the subject site and facilities, and
thereupon authorize city personnel to conduct such cleanup and restoration. The cost of
such city cleaning, repair and restoration shall be computed using the hourly rate of each
city employee (with overtime rate, as applicable) multiplied by the hours worked by each
employee, and the hourly rate for city equipment used for the cleanup, repair and
restoration multiplied by the number of hours such equipment was used Costs incurred
by the city also include the costs of any third -party contractor retained to conduct or
assist with such cleanup, repair or restoration City will document its costs incurred in
cleanup, repair and restoration and deduct from the security deposit the total amount
incurred by the city for such cleanup, repair and restoration. In the event applicant fails
to comply with any of the requirements of the permit, any costs incurred by the city
resulting from such non-compliance shall be documented and deducted from the
security deposit,
rte nt mcu+rred by the city The city shall thereupon request a refund of the
remaining balance of rhe securitysuGh deposit to be processed and paid to the applicant,
and shall provide the applicant with a copy of the document showing city costs incurred.
(5) Recovery of Excess Costs—Responsibility of Applicant The applicant shall be
responsible for all cleanup, repair and restoration required in this code, the approved
permit and cleanup plan. and any other costs incurred by the city resulting from the
applicant's failure to comply with any of the requirements of the permit. In the event city
costs associated withof cleanup, repair and/or restoration of the site or applicant's failure
to comply with any of the requirements of the permit exceed the amount of the security
deposit,- applicant shall pay the excess amount to the city withHn fourteen days, and the
city reserves the right to seek recovery of such amounts from any and all responsible
parties, including but not limited to the applicant (Ord 2015-043 § 1 (Exh A) (part),
2015 Ord 2013-043 § 1 (Exh B), 2013 Ord 2013-041 § 2 (part), 2013 Ord 2012-61
§ 2 (Exh A) (part), 2012)
19
9.70.200 Effect of receipt of donations on status of tax-exempt nonprofit
organizations.
A tax-exempt nonprofit organization hosting a special event may acknowledge the
receipt of cash or in-kind services or goods, donations, prizes, or other consideration
from for-profit organizations without causing the special event to be considered a
commercial special event within the meaning of this chapter Such acknowledgment may
include use of the name, trademark, service mark, or logo of such a for-profit
organization in the name or title of the special event or the prominent appearance of the
same in advertising or on collateral material associated with the special event. (Ord.
2015-043 § 1 (Exh A) (part), 2015 Ord 2013-041 § 2 (part), 2013: Ord. 2012-61 § 2
(Exh. A) (part), 2012).
9.70.220 Expressive activity special event.
When a special event permit is sought for an expressive activity such as a
demonstration, rally, or march as defined in this chapter, the following exceptions shall
apply
(1) Where the special event will not require temporary street closures, cost recovery,
pursuant to YMC 9 70.190, shall be limited solely to a fee based on the cost of
processing the permit application.
(2) The insurance requirement of YMC 9 70 160 shall be waived, provided, that the
event organizer has filed with the application a verified statement that he or she intends
the special event purpose to be First Amendment expression and the cost of obtaining
insurance is financially burdensome and would constitute an unreasonable burden on
the right of First Amendment expression The verified statement shall include the name
and address of one insurance broker or other source for insurance coverage contacted
to determine premium rates for coverage
(3) Where the special event will require temporary street closures and any one or more
of the conditions of subsection (4) of this section are met requiring the city to provide
services in the interests of public health, safety, and welfare, the economic development
manager may condition the issuance of the special event permit upon payment of actual,
direct costs incurred by the city to a maximum of five hundred dollars Any fee schedule
adopted by the city shall contain a provision for waiver of, or a sliding scale for payment
of, fees for city services, including police costs, on the basis of ability to pay
(4) The city may deny a special event permit for a demonstration, rally or march if
(A) The special event will substantially interrupt public transportation or other vehicular
and pedestrian traffic in the area of its route;
(B) The special event will cause an irresolvable conflict with construction or
development in the public right-of-way or at a public facility,
(C) The special event will block traffic lanes or close streets during peak commuter
hours on weekdays between seven a m to nine a m and four p m to six p m on streets
designated as arterials by the city's public works department,
20
(D) The special event will require the diversion of police employees from their normal
duties,
(E) The concentration of persons, animals, or vehicles will unduly interfere with the
movement of police, fire, ambulance, and other emergency vehicles on the streets,
(F) The special event will substantially interfere with another special event for which a
permit has already been granted or with the provision of city services in support of other
scheduled special events, or
(G) The special event will have significant adverse impact upon residential or business
access and traffic circulation in the same general venue
(5) With regard to the permitting of expressive activity special events, where the
provisions in this section conflict with the provisions in any other section of this chapter,
the provisions of this section shall prevail
(6) YMC 9 70 100, 9 70.110 and 9.70.260 shall not apply to expressive activity special
events (Ord 2015-043 § 1 (Exh. A) (part), 2015: Ord. 2013-041 § 2 (part), 2013 Ord
2012-61 § 2 (Exh A) (part), 2012)
9.70.240 Delegation of city manager's authority.
The city manager may delegate any or all of his or her functions under this chapter to his
or her deputies or subordinates (Ord 2015-043 § 1 (Exh A) (part), 2015 Ord 2013-041
§ 2 (part), 2013: Ord. 2012-61 § 2 (Exh A) (part), 2012)
9.70.250 City manager authorized to adopt rules and regulations.
The city manager is authorized to promulgate additional rules and regulations that are
consistent with and that further the terms and requirements set forth within this chapter
and the provisions of law that pertain to the conduct and operation of a special event
The city manager is further authorized to promulgate rules and regulations governing
special events sponsored by the city. (Ord 2015-043 § 1 (Exh. A) (part), 2015 Ord
2013-041 § 2 (part), 2013 Ord 2012-61 § 2 (Exh. A) (part), 2012).
9.70.260 Authorized special event vendors.
(a) The issuance of a special event permit confers upon the permit holder or event
organizer the right to control and regulate the sale of goods, food, and beverages within
the special event venue in accordance with the terms and conditions of the special event
permit
(b) Vendors authorized to sell goods, food, or beverages in the special event venue
shall display their authorization in the manner required by the economic development
manager Only vendors displaying the required authorization shall be allowed to sell
goods, food, or beverages in the special event venue Each vendor shall be solely
responsible for reporting and payment of applicable fees and taxes payable to applicable
local, state and federal agencies.
21
(c) Vendors authorized to sell food or beverages shall obtain and display applicable
food handler's cards or permits and any other required health permit as required by the
Yakima health district in the manner required by the economic development manager.
(Ord 2015-043 § 1 (Exh A) (part), 2015 Ord 2013-041 § 2 (part), 2013 Ord 2012-61
§ 2 (Exh. A) (part), 2012)
9.70.270 Unlawful to conduct or promote attendance at special event without
permit.
It is unlawful to conduct a special event without a special event permit as required
pursuant to this chapter
which a special event permit has not been issued (Ord 2015-043 § 1 (Exh A) (part),
2015 Ord 2013-041 § 2 (part), 2013: Ord. 2012-61 § 2 (Exh. A) (part), 2012)
9.70.280 Other permits and licenses.
The issuance of a special event permit does not relieve any person from the obligation to
obtain any other permit or license required pursuant to the Yakima Municipal Code or
any other applicable law (Ord 2015-043 § 1 (Exh A) (part), 2015 Ord 2013-041 § 2
(part), 2013: Ord. 2012-61 § 2 (Exh. A) (part), 2012)
9.70.290 Unlawful to sell goods in special event venue without authorization.
It is unlawful for any person to sell, resell, or offer to sell or resell any goods, food, or
beverages in a special event venue except for authorized special event vendors (Ord.
2015-043 § 1 (Exh A) (part), 2015 Ord 2013-041 § 2 (part), 2013 Ord 2012-61 § 2
(Exh A) (part), 2012)
9.70.295 Smoking, vaping, and marijuana prohibited.
A It is unlawful for any person to 1 se vapor products,- o. to smoke or light cigars,
cigarettes, tobacco, or other smoking material at any event covered by this chapter or on
any city property where more than fifty people are gathering unless the event is
restricted to attendees twenty-one and over and contains a sectioned -off smoking
specific area within the event
B. For the purposes of this section, "smoke" or "smoking" means the carrying, holding,
or smoking of any kind of lighted pipe, cigar, cigarette, or any other lighted smoking
equipment
C It is unlawful to open a package containing marijuana, usable marijuana, or
a marijuana -infused product, or consume marijuana, usable marijuana, or a marijuana -
infused product at any event covered by this chapter
DC A violation of this section is a civil infraction punishable by a fine of one hundred
dollars, not including any statutory assessments. This penalty is in addition to any other
remedies or penalties as provided by law (Ord 2015-043 § 1 (Exh A) (part), 2015 Ord
2015-011 § 1, 2015 Ord 2013-041 § 2 (part), 2013)
22
9 70.300 Cost recovery for unlawful special event.
Whenever a special event is conducted without a special 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 The balance for such costs shall be paid to the city
days of the a I invoice was , (Ord 2015-043 § 1 (Exh. A)
(part), 2015: 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 continue 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 organization 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 2015-043 § 1
(Exh A) (part), 2015 Ord 2013-041 § 2 (part), 2013 Ord 2012-61 § 2 (Exh A) (part),
2012)
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 6th day of March, 2018
ATTEST Kathy Coffey, Mayor
Sonya Claar Tee, City Clerk
Publication Date
Effective Date
23
•
•
•
ORDINANCE NO 2018 -
ORDINANCE amending Chapter 9 70 of the City of Yakima Municipal Code relating to
Special Events – Parades
BE IT ORDAINED BY THE CITY OF YAKIMA.
Section 1 Chapter 9 70 of the City of Yakima Municipal Code is hereby amended to
read as follows
Chapter 9 70
SPECIAL EVENTS—PARADES
Sections
9 70 010 Definitions
9 70 020 Special event permit required
9 70 030 Exceptions to special event permit requirement.
9 70 040 Issuance of a special event permit does not obligate city services
9 70 050 Priority of special event permit issuance
9 70 060 Time for filing application for special event permit.
9 70 070 When application for special event permit is deemed complete
9 70 080 Date of special event not confirmed until notice of confirmation issued
9 70 090 Content of special event permit application
9 70 092 No parking along route of established community parade
9 70 100 Conditions affecting the issuance of an expedited special event permit.
9 70 110 Reasons for denial of a special event permit.
9 70 120 Denial of a special event permit application—Appeals from denial
9 70 130 Display of special event permit required
9 70 140 Contents of special event permit.
9 70 150 Economic development manager's action on special event permit application
9 70 160 Insurance required to conduct special event.
9 70 170 Waiver of insurance requirements
9 70 180 Revocation of special event permit.
9 70 190 Cost recovery for special events—Fees—Security deposit.
9 70 200 Effect of receipt of donations on status of tax-exempt nonprofit organizations
9 70 220 Expressive activity special event.
9 70 240 Delegation of city manager's authority
9 70 250 City manager authorized to adopt rules and regulations
9 70 260 Authorized special event vendors
9 70 270 Unlawful to conduct or promote attendance at special event without permit.
9 70 280 Other permits and licenses
9 70 290 Unlawful to sell goods in special event venue without authorization
9 70 295 Smoking prohibited
9 70 300 Cost recovery for unlawful special event.
9 70 310 Penalties for violations
9 70 010 Definitions.
Terms used in this chapter shall have the following meanings
1
(1) "City" means the city of Yakima
(2) "Demonstration" means a public display of group opinion as by a rally or march, the
principal purpose of which is expressive activity
(3) "Economic development manager" means the economic development manager of
the city, or his or her designee, who shall be the special event coordinator for the city
(4) "Established community parade" means a parade that has occurred annually for at
least three years within the city and includes the following annual parades Cinco de
Mayo Parade, Memorial Day Parade, Sunfair Parade, Veterans Day Parade, Holiday
Light Parade, Salvation Army Toy Run, and Harley Owners Group Toy Run
(5) "Event organizer" means any person who conducts, manages, promotes,
organizes, aids, or solicits attendance at a special event.
(6) "Event management company" means an entity with expertise in managing special
events
(7) "Expressive activity" includes conduct, the sole or principal object of which is the
expression, dissemination, or communication by verbal, visual, literary, or auditory
means of political or religious opinion, views, or ideas and for which no fee or donation is
charged or required as a condition of participation in or attendance at such activity For
purposes of this chapter, expressive activity does not include sports events, including
marathons, fundraising events, or events the principal purpose of which is entertainment.
(8) "Gross revenues" means the sum of all revenues received by an event organizer
for a special event including, but not limited to, cash receipts, licensing, sponsorships,
television, advertising and similar revenues, and concessions
(9) "March" means an organized walk or event whose principal purpose is expressive
activity in service of a public cause
(10) "Marijuana" means marijuana as defined by RCW 69 50 101 as now or hereafter
amended
(11) "Marijuana -infused products" means marijuana -infused products as defined by
RCW 69 50 101 as now or hereafter amended
(12) "Noncommercial special event" means any special event organized and
conducted by a person or entity that qualifies as a tax-exempt nonprofit organization, or
a special event whose principal purpose is expressive activity
(13) "Parade" means any march or procession consisting of people, animals or
vehicles, or combinations thereof, except funeral processions, upon any public street,
sidewalk or alley, which does not comply with the normal and usual traffic regulations or
controls
(14) "Rally" means a gathering whose principal purpose is expressive activity,
especially one intended to inspire enthusiasm for a cause
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• (15) "Sidewalk" means that portion of a right-of-way, other than the roadway, set apart
by curbs, barriers, markings, or other delineation for pedestrian travel
(16) "Sign" means any sign, pennant, flag, banner, inflatable display, or other attention -
seeking device
•
•
(17) "Special event service team" means representatives assigned by their respective
department directors to represent the interests of their department as it relates to the
issuance of special event permits
(18) "Special event" means any fair, show, parade, run/walk, festival, or other publicly
attended entertainment or celebration which is to be held in whole or in part upon
publicly owned property or public rights-of-way, or if held wholly upon private property,
will nevertheless affect or impact the ordinary and normal use by the general public of
public property or public rights-of-way within the vicinity of such event.
(19) "Special event permit" means a permit issued under this chapter
(20) "Special event venue" means that area for which a special event permit has been
issued
(21) "Street" means any place that is publicly maintained and open to use of the public
for purposes of vehicular travel, including highways
(22) "Tax-exempt nonprofit organization" means an organization that is exempted from
payment of income taxes by federal or state law and has been in existence for a
minimum of six months preceding the date of application for a special event permit.
(23) "Useable marijuana" means useable marijuana as defined by RCW 69 50 101 as
now or hereafter amended
(24) "Use vapor products" or "use of a vapor product" means the act of
inhaling/exhaling the vapor or aerosol from a vapor product.
(25) "Vape" or "vaping" means the use of a vapor product.
(26) "Vapor product" means any* (1) device that employs a battery or other mechanism
to heat a solution or substance to produce a vapor or aerosol intended for inhalation, (2)
cartridge or container of a solution or substance intended to be used with or in such a
device or to refill such a device, or (3) solution or substance intended for use in such a
device, including, but not limited to, concentrated nicotine "Vapor product" includes any
electronic cigarettes, electronic nicotine delivery systems, electronic cigars, electronic
cigarillos, electronic pipes, vape pens, steam stones, or similar products or devices, as
well as any parts that can be used to build such products or devices
(27) "Vendor" means any person who sells or offers to sell any goods, food, or
beverages within a special event venue (Ord. 2015-043 § 1 (Exh A) (part), 2015 Ord
2015-006 § 1, Ord 2013-041 § 2 (part), 2013 Ord 2012-61 § 2 (Exh A) (part), 2012)
9 70 020 Special event permit required
3
(a) Except as provided elsewhere in this chapter, any person or entity who conducts,
promotes, or manages a special event shall first obtain a special event permit from the
economic development manager
(b) The economic development manager is authorized to issue permits for special
events occurring within the city limits, pursuant to the procedures established in this
chapter The economic development manager is authorized to determine the special
event venue The economic development manager may impose reasonable conditions
on the use of the special events venue based on the provisions of this chapter The
economic development manager shall coordinate the issuance of a special event permit
with the special event service team and other public agencies through whose jurisdiction
or property the special event or portion thereof occurs and to issue a special event
permit upon the concurrence of other public agencies involved
(c) The economic development manager has authority to issue one special event
permit for any special event of continuing duration (such as a farmer's market scheduled
to occur each weekend at the same location for a period of months), or a special event
consisting of programs with separate components requiring reoccurring closures of a
street or streets over a period of time or season (Ord 2015-043 § 1 (Exh A) (part),
2015 Ord 2013-041 § 2 (part), 2013 Ord 2012-61 § 2 (Exh A) (part), 2012)
9 70 030 Exceptions to special event permit requirement.
(a) Although not required to be issued a special event permit, an event organizer of an
activity exempted from this chapter is required to comply with all local, state and federal
laws and regulations governing public safety or health
(b) The following activities are exempt from having to obtain a special event permit:
(1) Parades, athletic events or other special events that occur exclusively in city parks
and are sponsored or conducted in full by any city of Yakima department;
(2) Funeral procession by a licensed mortuary,
(3) Gatherings of one hundred or fewer people in a city park, unless merchandise or
services are offered for sale or trade to the public, in which case a special event permit
is required,
(4) Temporary sales conducted by businesses, such as holiday sales, grand opening
sales, sidewalk sales, or anniversary sales,
(5) Garage sales, rummage sales, lemonade stands and car washes,
(6) Private events held entirely on private property that do not involve the use of or
have an impact on public property or facilities and that do not require the provision of city
public safety services,
(7) Activities conducted by a governmental agency acting within the scope of its
authority or within a building owned by such governmental agency;
(8) Lawful picketing on sidewalks,
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(9) Activities and events conducted, sponsored or promoted by the Yakima Convention
Center and the Capitol Theatre occurring within and upon their respective facilities, and
(10) Block parties, which must be applied for through a separate, streamlined city
process (Ord 2015-043 § 1 (Exh A) (part), 2015 Ord 2013-041 § 2 (part), 2013 Ord
2012-61 § 2 (Exh A) (part), 2012)
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 services, equipment, or personnel in support of a special event. (Ord
2015-043 § 1 (Exh A) (part), 2015 Ord 2013-041 § 2 (part), 2013 Ord 2012-61 § 2
(Exh A) (part), 2012)
9 70 050 Priority of special event permit issuance.
Except for a special event sponsored by the city, priority shall be given for the issuance
of a special event permit to local tax-exempt nonprofit organizations operating in and
providing services to the citizens of the city (Ord 2015-043 § 1 (Exh A) (part), 2015
Ord 2013-041 § 2 (part), 2013 Ord 2012-61 § 2 (Exh A) (part), 2012)
9 70 060 Time for filing application for special event permit.
(a) Except as otherwise provided in this chapter, a preapplication meeting shall be held
no less than six months in advance of a new special event and no less than three
months in advance of a repeat special event. Upon good cause shown and provided that
there is no significant risk or burden to the city, the economic development manager
may, in his or her discretion, allow a later preapplication meeting
(b) With the exception of an expressive activity special event, a complete application
for a special event permit shall be filed with the economic development manager not less
than forty-five calendar days before the time when it is proposed to conduct the special
event. If the conditions of YMC 9 70 100 are satisfied, then upon good cause shown and
provided that no risk or burden to the city ensues, the economic development manager
has discretion to allow a later filing In addition to any applicable fees under YMC
9 70 190, a late fee of one hundred dollars will be assessed on any application
submitted less than three weeks before the scheduled event.
(c) An application for an expressive activity special event permit shall be filed with the
economic development manager no less than fourteen calendar days before the time
when it is proposed to conduct the expressive activity special event. Upon good cause
shown and provided that no risk or burden to the city ensues, the economic development
manager may, in his or her discretion, allow a later filing (Ord 2015-043 § 1 (Exh A)
(part), 2015 Ord 2013-041 § 2 (part), 2013 Ord. 2012-61 § 2 (Exh A) (part), 2012)
9 70 070 When application for special event permit is deemed complete.
An application for a special event permit is deemed complete when the applicant has
provided all of the information required in YMC 9 70 090, including any additional
information required by the economic development manager, and where city services
are to be provided, the application has been approved by any involved city department,
5
or the special event service team, and the city manager and the city council, if required
(Ord 2015-043 § 1 (Exh A) (part), 2015 Ord 2013-041 § 2 (part), 2013 Ord 2012-61
§ 2 (Exh A) (part), 2012)
9 70 080 Date of special event not confirmed until notice of confirmation issued.
Nothwithstanding the economic development manager's acceptance of a completed
application, the date of the event shall not be considered confirmed until the economic
development manager issues a written notice of confirmation All marketing efforts
undertaken by an event organizer, and costs associated with such efforts prior to receipt
of the written confirmation, are done so at his or her own risk.
9 70 090 Content of special event permit application.
The application for a special event permit should include the following
(1) The name, address, fax, cell, email address, and office telephone number of the
applicant,
(2) A certification that the applicant will be financially responsible for any city fees or
costs that may be imposed for the special event;
(3) The name, address, fax, cell, email address and telephone number of the event
organizer, if any, and the chief officer of the event organizer, if any The applicant shall
provide such contact information for a person to serve as public liaison for the media and
public The applicant must designate a person as on-site liaison, who must be present
and available via cell phone during setup, tear -down and during the event. This person
must have the authority to make decisions on behalf of the event organizer and must be
accessible to city staff, police and any other identified individuals or organizations,
(4) A list of emergency contacts that will be in effect during the event, and the event
web address, if any;
(5) If the special event is designed to be held by, on behalf of, or for any organization
other than the applicant, the applicant for the special event permit shall file a signed,
written communication from such organization
(A) Authorizing the applicant to apply for the special event permit on its behalf;
(B) Certifying that the applicant will be financially responsible for any costs or fees that
may be imposed for the special event;
(C) A copy of the tax exemption letter issued for any applicant claiming to be a tax-
exempt nonprofit organization, and
(6) All permit applications shall include
(A) A statement of the purpose of the special event,
(B) A statement of fees to be charged for the special event, including admissions fees,
(C) The proposed location for the special event;
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(D) Dates and times when the special event is to be conducted,
(E) The approximate times when assembly for, and disbanding of, the special event is
to take place,
(F) The proposed locations of the assembly or production area,
(G) The specific proposed site or route, including a map, written narrative of the route,
and a site safety plan The site safety plan will include site layout, electrical and water
installations serving the event, with a description of any safety hazards and precautions
for the event. For example, electrical cords should be taped down and tripping hazards
marked Fire hazards should be identified, and where there is a hazard, safety
provisions will be approved by the code administration manager or his designee The
city reserves the right to require an emergency access corridor to be maintained on a
street, or anywhere else designated by the code administration manager, to allow
access by emergency vehicles No materials which cannot be quickly removed or
displaced (e g , barricades) can be situated in this corridor Access to fire hydrants shall
not be obstructed
The site safety plan will also include a traffic safety plan Traffic impacts must be
identified Special attention should be paid to ingress and egress of all residential
property near the event or parade route The economic development manager and
police department may assist with developing a traffic safety plan which minimizes
disruptions to business and residential traffic flows Times and locations of event
activities should be planned to avoid arterial access routes to neighborhoods and
businesses Applicants shall take appropriate measures to reduce parking impacts and
overflow into surrounding neighborhoods Vehicle movement on site may not be
permitted during times when the event is open to the public.
The site safety plan will also include a security plan, including the number of persons
proposed or required to provide security, monitor or facilitate the special event, and
provide spectator or participant control and direction for special events using city streets,
sidewalks, or facilities Security provisions and plans for the special event are subject to
review and approval by the police department. The police department may require the
event organizer to retain an off-duty Yakima police department officer or officers to
supplement and enhance the event organizer's security personnel and security plan
The number of such police officers shall be determined by the police chief based upon
the type of event, anticipated number of attendees, plans for service and/or consumption
of alcohol, and other like criteria. The event organizer shall be solely responsible to
retain such officers through arrangements with the appropriate designated office of the
Yakima police department;
(H) The proposed site of any reviewing stands,
(I) The proposed site for any disbanding area,
(J) Proposed alternate routes, sites or times, where applicable,
(K) The approximate number of persons, animals or vehicles that will constitute the
special event, and the number and types of vendors that will participate in the event;
7
(L) The kinds of animals anticipated to be part of the special event;
(M) A description of the types of vehicles to be used in the special event;
(N) The number of bands or other musical units and the nature of any equipment to be
used to produce sounds or noise Events with outdoor entertainment, music and
speeches (particularly those with amplified sound) shall not unreasonably impact
neighboring residents or businesses Proposed outdoor events with expected noise
impacts are required to provide a sound management plan for controlling the type and
volume of sound produced by the event. The sound management plan shall be attached
to the application No event shall exceed a maximum decibel limit of ninety-five dB
measured at the property line over a sustained period of ten minutes During the site
planning approval of the event, the effective property line for sound approval will be
determined Outdoor music and entertainment shall be limited to performing between the
hours of ten a m and ten p m Exceptions to the time constraints may be made if
recommended by the economic development manager and approved by the city
manager The event producer/applicant is required to provide the schedule of artists and
entertainers to the city no later than forty-five days prior to the event or as soon as the
artists are known to the event producer;
(0) The number, type and location of portable sanitation facilities, including a
description of the number and location of waste receptacles, including receptacles for
disposal of food waste, wastewater and grease,
(P) Other equipment or services necessary to conduct the special event with due
regard for participant and public health and safety, including but not limited to
accommodations for access and use by disabled persons,
(Q) Provisions for first aid or emergency medical services, or both, based on special
event risk factors,
(R) Insurance and surety bond information,
(S) Any special or unusual requirements that may be imposed or created by virtue of
the proposed special event activity;
(T) The marketing plan with proposed timelines associated with marketing the activity
to the general public, together with proposed plan for signage advertising the event. If a
permit for street banner is requested, a complete application for such banner pursuant to
Chapter 15 08 YMC,
(U) Event timeline documenting activities from event setup to event tear -down,
(V) Arrangements for parking of personal vehicles of vendors, event promoters, event
volunteers and event employees Such parking shall not occur on any public parking lot
or designated public parking space, and arrangements must be made by the event
organizer with providers of private parking facilities for the parking of such vehicles
during the event and any cleanup In order to preserve available excess public parking
for persons attending the event, the city may require applicant to obtain a sufficient
number of parking spaces from providers of private parking facilities in the vicinity of the
event venue The number of required private parking spaces shall be determined by the
8
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city using the following factors. (i) the number of persons anticipated to attend and
participate in the event, including event volunteers, employees, contractors and vendors,
(ii) the number of available private parking spaces available from private parking
providers in the vicinity of the event venue, (iii) whether the applicant has made
arrangements for shuttling attendees and participants to and from the event from a
parking area outside the near vicinity of the event venue,
(W) The location of vendors and vending areas, and the location of tents, canopies,
stages and associated viewing areas, together with necessary or appropriate
accommodations for access and use by disabled persons,
(X) If alcohol is to be provided, sold or served, the event organizer shall obtain,
maintain and comply with the applicable liquor license or permit issued by the
Washington State Liquor Control Board, and shall provide a copy of such license or
permit to the city The application shall include a description of all points of sale or
service of alcoholic beverages within the site venue, together with any designated and
controlled areas of consumption (such as cordoned "beer garden") For special events
that include the provision, sale or service of alcoholic beverages, the event organizer
must additionally comply with the alcohol event insurance requirements of YMC
9 70 160;
(Y) The city may provide use of city street barricades, traffic cones, lane divider poles
and traffic safety vests and other similar equipment, subject to availability and
appropriate security deposit;
(Z) Notification Plan All residents and businesses within three hundred feet of the
event venue shall be notified in writing of the event date, planned hours of operation and
event content no less than fourteen days prior to the event. In the case of a parade, all
businesses must be notified along the parade route and within three hundred feet of the
staging or break -down area The notification zone may be limited or extended based on
potential impacts to be determined by the economic development manager The city
may require approval of the content of the written notification and proof of its delivery to
impacted residents and businesses Notifications must include the date of the event or
parade, the hours the event or parade will affect business activity in the area and an
event contact for questions. The acceptable ways to notify businesses are (a) a letter
mailed to each location, or (b) a notice hand -delivered to each affected location Events,
parades and other special events, such as jogging events, requiring removal of access
to public parking along the event location or the route, require notification by the event
organizer five days in advance of the event;
(AA) Any other information or permit required for the event or by the economic
development manager to enable him or her to timely or adequately process the
application (Ord 2015-043 § 1 (Exh A) (part), 2015 Ord 2013-041 § 2 (part), 2013
Ord 2012-61 § 2 (Exh A) (part), 2012)
9 70 092 No parking along route of established community parade.
No vehicle shall be parked on city streets and rights-of-way designated and approved as
the parade route for an established community parade during the time the parade is
scheduled to occur and for a period of two hours preceding the start of the parade
Vehicles parked upon the streets and rights-of-way designated as the parade route
9
during such times are subject to tow by the city at the expense of the owner The
applicant will comply with the notification requirements of YMC 9 70 090(6)(Z) to notify
affected businesses and property owners, and post appropriate notices on vehicles
parked along the parade route (Ord 2015-043 § 1 (Exh A) (part), 2015 Ord 2015-006
§ 2, 2015)
9 70 100 Conditions affecting the issuance of an expedited special event permit.
(a) Where the event organizer has not requested and the special event does not
require city services, equipment, or personnel, the economic development manager may
issue an expedited special event permit when, based upon the completed application, all
of the conditions listed in this section are met:
(1) The special event will not substantially interrupt public transportation or other
vehicular and pedestrian traffic in the area of its route,
(2) The special event will not cause an irresolvable conflict with construction or
development in the public right-of-way or at a public facility;
(3) The special event will not block traffic lanes or close streets during peak commuter
hours on weekdays between seven a m to nine a.m and four p m to six p m on streets
designated as arterials by the city's public works department;
(4) The special event will not require the diversion of police employees from their
normal duties,
(5) The concentration of persons, animals or vehicles will not unduly interfere with the
movement of police, fire, ambulance, and other emergency vehicles on the streets,
(6) The special event will move from its assembly location to its disbanding location
expeditiously and without stopping en route,
(7) The special event will not substantially interfere with any other special event for
which a permit has already been granted or with the provision of city services in support
of other scheduled special events or unscheduled governmental functions, and
(8) The special event will not have significant adverse impact upon residential or
business access and traffic circulation in the same general venue
(b) If the provisions in subsection (a) of this section are met, and the requested special
event is to occur entirely within any area designated by the city as an approved special
event venue, the economic development manager may issue a special event permit
pursuant to this section when the attendance at such event is reasonably anticipated to
be less than two thousand persons, and the event organizer has secured adequate
private parking facilities for the private vehicles of event employees, vendors,
entertainers, and other event personnel
(c) In order to ensure that the conditions in this section are met, the economic
development manager may place conditions on the special event permit. The provisions
of YMC 9 70 190, cost recovery and security deposit, will apply (Ord 2015-043 § 1
10
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(Exh A) (part), 2015 Ord 2013-041 § 2 (part), 2013 Ord 2012-61 § 2 (Exh A) (part),
2012)
9 70.110 Reasons for denial of a special event permit.
(a) The economic development manager may deny a special event permit to an
applicant who has not:
(1) Provided for the services of a sufficient number of trained and certified traffic
controllers,
(2) Provided sufficient monitors for crowd control and safety two weeks prior to the
event date,
(3) Provided sufficient safety, health, or sanitation equipment services, or facilities that
are reasonably necessary to ensure that the special event will be conducted with due
regard for safety;
(4) Provided sufficient off-site parking or shuttle service, or both, when required, to
minimize any substantial adverse impacts on general parking and traffic circulation in the
vicinity of the special event; or
(5) Met all of the requirements for submitting an application for a special event permit.
(b) The economic development manager may deny a special event permit if in the
economic development manager's opinion
(1) The special event will create the imminent possibility of violent disorderly conduct
likely to endanger public safety or to result in significant property damage,
(2) The special event will violate public health or safety laws,
(3) The special event fails to conform to the requirements of law or duly established
city policy;
(4) The applicant demonstrates an inability or unwillingness to conduct a special event
pursuant to the terms and conditions of this chapter;
(5) The applicant has failed to conduct a previously authorized or exempted special
event in accordance with law or the terms of a permit, or both,
(6) The applicant has not obtained the approval of any other public agency within
whose jurisdiction the special event or portion thereof will occur;
(7) The applicant has failed to provide an adequate first aid or emergency medical
services plan based on special event risk factors, or
(8) The applicant has failed to pay all fees due from previous special events
• (c) The economic development manager may deny a special event permit to an
applicant who has unpaid fees associated with a previous special event permit, or has
11
failed to comply with any term of this chapter or with any condition of a special event
permit previously issued to the applicant. (Ord 2015-043 § 1 (Exh A) (part), 2015 Ord
2013-041 § 2 (part), 2013 Ord 2012-61 § 2 (Exh A) (part), 2012)
9 70 120 Denial of a special event permit application—Appeals from denial
(a) If the economic development manager denies the application for the special event
permit, pursuant to this section, he or she shall notify the applicant in writing as soon as
is reasonably practicable
(b) The denial of a special event permit may be appealed to the city manager or his or
her designee
(c) An appeal shall be made in writing within seven calendar days of the date of the
written denial An appeal is made by filing a written petition with the economic
development manager, setting forth the grounds for appeal and any documentation in
support of the appeal
(d) The city manager shall consider and decide the appeal as soon as is reasonably
practicable and issue a written decision (Ord 2015-043 § 1 (Exh A) (part), 2015 Ord
2013-041 § 2 (part), 2013 Ord 2012-61 § 2 (Exh A) (part), 2012)
9 70 130 Display of special event permit required
A copy of the special event permit shall be displayed in the special event venue in the
method prescribed by the economic development manager applicable to the particular
special event and shall be exhibited upon demand of any city official (Ord 2015-043 § 1
(Exh A) (part), 2015 Ord 2013-041 § 2 (part), 2013 Ord 2012-61 § 2 (Exh A) (part),
2012)
9 70 140 Contents of special event permit.
(a) The city may condition the issuance of a special event permit by imposing
reasonable requirements concerning 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 information 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,
(4) The minimum and maximum speeds of the special event,
(5) The number and types of persons, animals, and vehicles or structures at the event;
the number of bands, other musical units, and equipment capable of producing sound, if
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• any; and limitations thereon pertaining to noise abatement, and inspection and approval
of floats, structures, and decorated vehicles for fire safety;
(6) The maximum interval of space to be maintained between booths or other
structures to be used for the special event;
•
•
(7) The portion of the street and sidewalk that is to be occupied by the special event;
(8) The location of reviewing or audience stands, if any;
(9) The number and location of traffic controllers, monitors, other support personnel
and equipment, and barricades to be furnished by the economic development manager;
(10) The area and time for disbanding,
(11) The conditions or restrictions on the use of alcoholic beverages and authorization
for and conditions of the exclusive control or regulation of vendors and related sales
activity by the event organizer during the special event;
(12) The provisions for any required emergency medical services, accommodations for
access by disabled persons, site safety and site security; and
(13) Such other information and conditions as are reasonably necessary for the
conduct of the special event and the enforcement of this chapter, including the
requirement for a professional event management company to produce an event or for
the on-site presence of the event organizer or its designated representative for all
special event coordination and management purposes.
(b) As a condition of the issuance of a special event permit, the applicant shall be
required to do a walk-through of the event site with the economic development manager
prior to the event, and make adequate provisions for cleaning the area or route of the
special event both during and upon completion of the special event and to return the
area or route to the same condition of material preservation and cleanliness as existed
prior to the special event. The city may take photographs of the site showing the
preevent condition of the site, and shall maintain such photographs in the event file For
special events occurring within and upon city -designated special event sites, the city
shall maintain a file of photographs, updated as the city deems appropriate, to show
preevent condition of the site The applicant is responsible to inspect the proposed event
site, and shall represent in the application that the photographs represent an accurate
depiction of the preevent condition of the site
(c) As a condition of the issuance of a special event permit, the applicant shall be
required to provide a security deposit as determined appropriate by the economic
development manager pursuant to YMC 9 70 190
(d) As a condition of the issuance of a special event permit, the city may require
execution of a special event agreement setting forth the terms and conditions of the
special event and special event permit. (Ord. 2015-043 § 1 (Exh A) (part), 2015 Ord
2013-041 § 2 (part), 2013 Ord 2012-61 § 2 (Exh A) (part), 2012)
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9 70 150 Economic development manager's action on special event permit
application.
(a) Except as otherwise provided in this section, the economic development manager
shall take final action upon a completed application for a special event permit as soon as
practicable
(b) The economic development manager is not required to take final action upon any
special event permit application prior to one hundred eighty calendar days before the
special event.
(c) The economic development manager is not required to take final action on an
incomplete or untimely special event permit application
(d) Final action on a completed special event permit application shall consist of one of
the following
(1) Issuance of a special event permit in accordance with the terms of the application,
or
(2) Issuance of a special event permit in accordance with the terms of the application,
as conditioned by the economic development manager or as modified by mutual
agreement between the economic development manager and the applicant; or
(3) Denial of the special event permit application by the economic development
manager (Ord 2015-043 § 1 (Exh A) (part), 2015 Ord 2013-041 § 2 (part), 2013 Ord
2012-61 § 2 (Exh A) (part), 2012)
9 70 160 Insurance required to conduct special event.
A. In addition to any other requirement(s) imposed by this chapter, for any parade or
special event involving participation of persons in games or races involving physical
effort; or involving the use of live animals, wild or domestic; or involving the use of
vehicles (except wheelchairs), or provision or sale of beverages or food for human
consumption, or use of alcoholic beverages, the applicant shall have the following
minimum insurance requirements.
1 Commercial General Liability (Occurrence Form) One million dollars per
occurrence/two million dollars aggregate combined single limit liability for bodily injury
and property damage If other than the standard CG 00 01 form is used, such as a
special events policy, the policy shall be furnished to the city attorney for review and may
be rejected based upon the specified policy exclusions If animals are included in the
event, no animal exclusion will be allowed or approved The policy shall not contain a
separate assault and battery exclusion The policy shall not exclude coverage for
participants in the event.
2 If sponsor owned or rented vehicles are involved in the event: automobile liability at
one million dollars per occurrence combined single limit bodily injury and property
damage This includes coverage for any owned, hired or non -owned vehicles If the
sponsor of the event does not own the vehicles that will be used in the event, then only
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hired and non -owned auto liability may be required, which can be included on the
commercial general liability policy
3 If liquor is served at the event, liquor liability coverage shall be required at a one -
million -dollar liability limit. If there is no charge for the liquor being served and the policy
provides host liquor liability coverage, then this requirement may be waived with the
economic development manager's approval
4 The applicant shall provide a certificate of insurance as proof of the insurance
required above that clearly states who the provider is, the amount of coverage, the policy
number, and when the policy and provisions provided are in effect. Said policy shall be
in effect for the duration of the permit. The certificate of liability insurance policy shall
name the city of Yakima, its elected officials, officers, agents, employees and volunteers
as additional insureds, and shall contain a clause that the insurer will not cancel the
insurance without first giving the city prior written notice The insurance shall be with an
insurance company or companies rated A -VII or higher in Best's Guide and admitted in
the state of Washington, or an A -VII rated approved surplus lines carrier If the city is
damaged by the failure of the applicant to maintain the above insurance or to notify the
city, then the applicant shall bear all costs attributable thereto An expiration,
cancellation, or revocation of the insurance policy or withdrawal of the insurer from the
insurance policy automatically suspends the permit issued to the applicant until a new
insurance policy or reinstatement notice has been filed and approved as provided in this
section
B No later than thirty days prior to the event, unless the economic development
manager for good cause modifies the filing requirements, the applicant shall file with the
economic development manager evidence of liability insurance coverage, for review by
the city attorney A complete copy of the policy will be furnished to the city attorney if
requested
C The applicant shall provide a signed statement that the applicant/responsible party
shall pay the costs of services which the city of Yakima is required to perform by reason
of management of street use of the parade or special event, including but not limited to
cleanup Upon completion of the parade or special event, the economic development
manager shall compile a statement of account which shall be mailed to the
applicant/responsible party, payable within thirty days
D Waiver, Reduction or Increase of Required Limits If the special event is of a
demonstrated high or low risk category, according to recognized insurance and risk
management standards, the economic development manager, on the advice of the city
attorney or city's risk manager, may authorize a greater or lesser amount of coverage
than otherwise required, or may require a particular type of insurance coverage different
from that specified in this section.
E As a further condition of the issuance of any permit, the applicant shall defend,
indemnify, and hold harmless the city, its elected officials, officers, agents, employees
and volunteers from and against any and all claims, causes of action, damages, losses,
and expenses of any kind or nature whatsoever, including but not limited to attorney's
fees and court cost, arising out of, relating to or resulting from the parade or special
event and/or the application for the parade or special event.
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F The indemnification requirements set forth in this section shall not be construed to
apply to events permitted under this chapter involving expressive activity which enjoys
protection under the United States or Washington Constitutions except that sponsors of
such events shall be required to redesign or reschedule the permitted event to respond
to specific risks, hazards and dangers to the public health and safety identified by the
director of community and economic development as reasonably foreseeable
consequences of the event.
G The insurance required by this section shall encompass all liability insurance
requirements imposed for other permits required under other sections of this chapter and
is to be provided for the benefit of the city and not as a duty, express or implied, to
provide insurance protection for spectators or participants (Ord 2015-043 § 1 (Exh A)
(part), 2015 Ord 2013-043 § 1 (Exh A), 2013 Ord 2013-041 § 2 (part), 2013 Ord
2012-61 § 2 (Exh A) (part), 2012)
9 70 170 Waiver of insurance requirements.
(a) Except for special events where the sale of alcoholic beverages is authorized, the
insurance requirements of YMC 9 70 160 may be waived In making the determination of
whether to waive insurance, the city shall consider the following factors
(1) Whether it is an expressive activity special event governed by YMC 9 70 220;
(2) Whether it is objectively impossible to obtain insurance coverage,
(3) Whether the special event will involve the use of equipment (other than sound
equipment), vehicles, animals, fireworks, or pyrotechnics, or
(4) Whether a fee or donation is charged or required as a condition of admission or
participation in the special event.
(b) To claim that it is objectively impossible to obtain insurance coverage pursuant to
this section, the applicant shall submit a statement from at least two independent
licensed insurance brokers demonstrating the insurance is unavailable in the
marketplace
(c) Even though insurance is waived, the city may require the event organizer of a
special event to defend, indemnify, and hold harmless the city from any claim or liability
arising from the special event. (Ord 2015-043 § 1 (Exh A) (part), 2015 Ord 2013-041
§ 2 (part), 2013 Ord 2012-61 § 2 (Exh A) (part), 2012)
9 70 180 Revocation of special event permit.
(a) Any special event permit issued pursuant to this chapter is subject to revocation,
pursuant to this section
(b) A special event permit may be revoked if the city determines
(1) That the special event cannot be conducted without violating the standards or
conditions for special event permit issuance, or such standards and conditions have
already been violated,
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(2) An emergency or supervening occurrence requires the cancellation or termination
of the event in order to protect the public health or safety; (3) The special event poses
a threat to health or safety;
(4) The event organizer or any person associated with the special event has failed to
obtain any other permit required pursuant to the provisions of this chapter;
(5) The special event permit was issued in error or contrary to law;
(6) The applicant has not paid all fees when due,
(7) The applicant has failed to provide confirmation or proof that it has obtained the
minimum number of required volunteers to perform safety functions, or
(8) The applicant, in the information supplied, has made a misstatement of a material
fact.
(c) Except as provided in this section, notices of revocation shall be in writing and
specifically set forth the reasons for the revocation
(d) If there is an emergency or supervening occurrence requiring immediate revocation
of a special event permit, the special event coordinator may notify the permit holder
verbally of the revocation
(e) An appeal from a revocation shall be handled in the same manner and under the
same time requirements as denials of special event permits, pursuant to YMC 9 70 120
(Ord 2015-043 § 1 (Exh A) (part), 2015 Ord 2013-041 § 2 (part), 2013 Ord. 2012-61
§ 2 (Exh A) (part), 2012)
9.70.190 Cost recovery for special events—Fees—Security deposit.
A. Special Event Permit Application Fee A fifty dollar nonrefundable application fee
must be submitted with any special event permit application Any event application
submitted less than three weeks before the scheduled event is subject to an additional
one hundred dollar late fee
B City Services Permit Fee Upon approval of an application for a permit for a special
event not protected under the First and Fourteenth Amendments of the U S
Constitution, the economic development manager should provide the applicant with a
statement of the estimated cost of city services, equipment and materials used or
provided by city in providing traffic control and management for parades and vehicle
events, and permit fees Exempt from the special event cost recovery fee are the
community events listed as follows Memorial Day Parade, Cinco De Mayo Parade, 4th
of July Celebration, Sunfair Parade, Veterans Day Parade, Salvation Army Toy Run,
Harley Owners Group Toy Run, and Christmas Light Parade
The special event permit fee shall be calculated and assessed as follows
(1) The economic development manager shall send copies of special event
applications to affected city departments. By way of illustration, and without limitation,
personnel services provided by affected city departments include, but are not limited to,
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services such as police escorts and traffic control Costs of such services are called
"event management personnel costs " Each departmental personnel activity required for
the special event shall be itemized, showing hourly rate and total cost. The "total event
management personnel costs to the city" shall be the sum of each department's
personnel costs Nonprofit applicants shall pay fifty percent of the costs of the personnel
services provided by the city For-profit applicants will pay one hundred percent of the
total event management personnel costs (2) The economic development manager
shall require payment of fees, or a reasonable estimate thereof, at the time the
completed application is approved The special event permit will not be issued until the
special event permit fee is paid in full
C Security Deposit. Except for an application for a permit for a special event protected
under the First and Fourteenth Amendments of the U S Constitution, and events solely
sponsored by the city, each application for a special event permit shall be accompanied
by a security deposit. For special events requiring the closure of public streets, the
amount of the security deposit shall be between two thousand five hundred dollars and
five thousand dollars, based on the factors listed below For special events limited to any
city designated special event venue or other venue, or a special event permit issued
under the expedited process of YMC 9 70 100, the amount of the security deposit shall
be in an amount determined by the economic development manager based on the
factors listed below 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 number 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 the event venue,
and (v) any other factor deemed relevant to determine the amount of deposit based
upon reasonably foreseeable costs of cleanup, repair and/or restoration
(1) Payment of Funds to Be Used for Security Deposit. Payment of funds to be used
for security deposit shall be by cash or certified check.
(2) Deposit of Funds Funds received from the applicant for security deposit shall be
receipted by the city and deposited in an appropriate fund
(3) Refund of Security Deposit. Subject to compliance with the following conditions,
funds held by the city as a security deposit shall be refunded to the applicant in
accordance with applicable payment procedures of the city.
(a) Applicant has complied with all requirements of the permit;
(b) Applicant has cleaned, repaired and restored the site following the conclusion of
permitted event to the condition existing prior to the event, reasonable wear and tear
excepted, to the satisfaction of the economic development manager
(4) Use of Funds in Security Deposit by City In the event applicant fails to comply with
the approved cleanup plan included within the permit and/or damage to city property or
facilities has occurred on the event site attributed to participants in the event, the
economic development manager shall use reasonable efforts to notify the applicant that
the city will proceed to clean, repair and restore the subject site and facilities, and
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thereupon authorize city personnel to conduct such cleanup and restoration The cost of
such city cleaning, repair and restoration shall be computed using the hourly rate of each
city employee (with overtime rate, as applicable) multiplied by the hours worked by each
employee, and the hourly rate for city equipment used for the cleanup, repair and
restoration multiplied by the number of hours such equipment was used Costs incurred
by the city also include the costs of any third -party contractor retained to conduct or
assist with such cleanup, repair or restoration City will document its costs incurred in
cleanup, repair and restoration and deduct from the security deposit the total amount
incurred by the city for such cleanup, repair and restoration In the event applicant fails
to comply with any of the requirements of the permit, any costs incurred by the city
resulting from such non-compliance shall be documented and deducted from the
security deposit by the city The city shall thereupon request a refund of the remaining
balance of the security deposit to be processed and paid to the applicant, and shall
provide the applicant with a copy of the document showing city costs incurred
(5) Recovery of Excess Costs—Responsibility of Applicant. The applicant shall be
responsible for all cleanup, repair and restoration required in this code, the approved
permit and cleanup plan, and any other costs incurred by the city resulting from the
applicant's failure to comply with any of the requirements of the permit. In the event city
costs associated with cleanup, repair and/or restoration of the site or applicant's failure
to comply with any of the requirements of the permit exceed the amount of the security
deposit, applicant shall pay the excess amount to the city within fourteen days, and the
city reserves the right to seek recovery of such amounts from any and all responsible
parties, including but not limited to the applicant. (Ord 2015-043 § 1 (Exh A) (part),
2015 Ord 2013-043 § 1 (Exh B), 2013 Ord 2013-041 § 2 (part), 2013 Ord 2012-61
§ 2 (Exh A) (part), 2012)
9 70 200 Effect of receipt of donations on status of tax-exempt nonprofit
organizations.
A tax-exempt nonprofit organization hosting a special event may acknowledge the
receipt of cash or in-kind services or goods, donations, prizes, or other consideration
from for-profit organizations without causing the special event to be considered a
commercial special event within the meaning of this chapter Such acknowledgment may
include use of the name, trademark, service mark, or logo of such a for-profit
organization in the name or title of the special event or the prominent appearance of the
same in advertising or on collateral material associated with the special event. (Ord
2015-043 § 1 (Exh A) (part), 2015 Ord 2013-041 § 2 (part), 2013 Ord. 2012-61 § 2
(Exh A) (part), 2012)
9 70.220 Expressive activity special event.
When a special event permit is sought for an expressive activity such as a
demonstration, rally, or march as defined in this chapter, the following exceptions shall
apply -
(1) Where the special event will not require temporary street closures, cost recovery,
pursuant to YMC 9 70 190, shall be limited solely to a fee based on the cost of
processing the permit application
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(2) The insurance requirement of YMC 9 70 160 shall be waived, provided, that the
event organizer has filed with the application a verified statement that he or she intends
the special event purpose to be First Amendment expression and the cost of obtaining
insurance is financially burdensome and would constitute an unreasonable burden on
the right of First Amendment expression The verified statement shall include the name
and address of one insurance broker or other source for insurance coverage contacted
to determine premium rates for coverage
(3) Where the special event will require temporary street closures and any one or more
of the conditions of subsection (4) of this section are met requiring the city to provide
services in the interests of public health, safety, and welfare, the economic development
manager may condition the issuance of the special event permit upon payment of actual,
direct costs incurred by the city to a maximum of five hundred dollars Any fee schedule
adopted by the city shall contain a provision for waiver of, or a sliding scale for payment
of, fees for city services, including police costs, on the basis of ability to pay
(4) The city may deny a special event permit for a demonstration, rally or march if.
(A) The special event will substantially interrupt public transportation or other vehicular
and pedestrian traffic in the area of its route,
(B) The special event will cause an irresolvable conflict with construction or
development in the public right-of-way or at a public facility;
(C) The special event will block traffic lanes or close streets during peak commuter
hours on weekdays between seven a m to nine a.m and four p m to six p m on streets
designated as arterials by the city's public works department;
(D) The special event will require the diversion of police employees from their normal
duties,
(E) The concentration of persons, animals, or vehicles will unduly interfere with the
movement of police, fire, ambulance, and other emergency vehicles on the streets,
(F) The special event will substantially interfere with another special event for which a
permit has already been granted or with the provision of city services in support of other
scheduled special events, or
(G) The special event will have significant adverse impact upon residential or business
access and traffic circulation in the same general venue
(5) With regard to the permitting of expressive activity special events, where the
provisions in this section conflict with the provisions in any other section of this chapter,
the provisions of this section shall prevail
(6) YMC 9 70 100, 9 70 110 and 9 70 260 shall not apply to expressive activity special
events (Ord 2015-043 § 1 (Exh A) (part), 2015 Ord 2013-041 § 2 (part), 2013 Ord
2012-61 § 2 (Exh A) (part), 2012)
9 70 240 Delegation of city manager's authority
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The city manager may delegate any or all of his or her functions under this chapter to his
or her deputies or subordinates (Ord 2015-043 § 1 (Exh A) (part), 2015 Ord 2013-041
§ 2 (part), 2013 Ord 2012-61 § 2 (Exh A) (part), 2012)
9 70.250 City manager authorized to adopt rules and regulations.
The city manager is authorized to promulgate additional rules and regulations that are
consistent with and that further the terms and requirements set forth within this chapter
and the provisions of law that pertain to the conduct and operation of a special event.
The city manager is further authorized to promulgate rules and regulations governing
special events sponsored by the city (Ord 2015-043 § 1 (Exh A) (part), 2015 Ord
2013-041 § 2 (part), 2013 Ord 2012-61 § 2 (Exh A) (part), 2012)
9 70.260 Authorized special event vendors.
(a) The issuance of a special event permit confers upon the permit holder or event
organizer the right to control and regulate the sale of goods, food, and beverages within
the special event venue in accordance with the terms and conditions of the special event
permit.
(b) Vendors authorized to sell goods, food, or beverages in the special event venue
shall display their authorization in the manner required by the economic development
manager Only vendors displaying the required authorization shall be allowed to sell
goods, food, or beverages in the special event venue Each vendor shall be solely
responsible for reporting and payment of applicable fees and taxes payable to applicable
local, state and federal agencies.
(c) Vendors authorized to sell food or beverages shall obtain and display applicable
food handler's cards or permits and any other required health permit as required by the
Yakima health district in the manner required by the economic development manager
(Ord 2015-043 § 1 (Exh A) (part), 2015 Ord 2013-041 § 2 (part), 2013 Ord 2012-61
§ 2 (Exh A) (part), 2012)
9.70.270 Unlawful to conduct or promote attendance at special event without
permit.
It is unlawful to conduct a special event without a special event permit as required
pursuant to this chapter
(Ord 2015-043 § 1 (Exh A) (part), 2015 Ord 2013-041 § 2 (part), 2013 Ord. 2012-61
§ 2 (Exh A) (part), 2012)
9 70.280 Other permits and licenses.
The issuance of a special event permit does not relieve any person from the obligation to
obtain any other permit or license required pursuant to the Yakima Municipal Code or
any other applicable law (Ord 2015-043 § 1 (Exh A) (part), 2015 Ord 2013-041 § 2
(part), 2013 Ord 2012-61 § 2 (Exh A) (part), 2012)
III9 70.290 Unlawful to sell goods in special event venue without authorization.
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It is unlawful for any person to sell, resell, or offer to sell or resell any goods, food, or
beverages in a special event venue except for authorized special event vendors (Ord
2015-043 § 1 (Exh A) (part), 2015 Ord 2013-041 § 2 (part), 2013 Ord 2012-61 § 2
(Exh A) (part), 2012)
9 70 295 Smoking, vaping, and marijuana prohibited.
A. It is unlawful for any person to use vapor products, or to smoke or light cigars,
cigarettes, tobacco, or other smoking material at any event covered by this chapter or on
any city property where more than fifty people are gathering unless the event is
restricted to attendees twenty-one and over and contains a sectioned -off smoking
specific area within the event.
B For the purposes of this section, "smoke" or "smoking" means the carrying, holding,
or smoking of any kind of lighted pipe, cigar, cigarette, or any other lighted smoking
equipment.
C It is unlawful to open a package containing marijuana, usable marijuana, or
a marijuana -infused product, or consume marijuana, usable marijuana, or a marijuana -
infused product at any event covered by this chapter
D A violation of this section is a civil infraction punishable by a fine of one hundred
dollars, not including any statutory assessments This penalty is in addition to any other
remedies or penalties as provided by law (Ord 2015-043 § 1 (Exh A) (part), 2015 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 special 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. The balance for such costs shall be paid to the city
within 14 days of the date an invoice was issued by the city (Ord 2015-043 § 1 (Exh A)
(part), 2015 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 continue 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 organization 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 2015-043 § 1
(Exh A) (part), 2015 Ord 2013-041 § 2 (part), 2013 Ord 2012-61 § 2 (Exh A) (part),
2012)
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• 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 6th day of March, 2018
ATTEST Kathy Coffey, Mayor
Sonya Claar Tee, City Clerk
Publication Date
Effective Date
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