HomeMy WebLinkAbout09/03/2013 11 Smoking Prohibition and Penalties; YMC Additions 13.16.075 and 9.70.295; Amendments 13.16.150 and 9.70.310r
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. /
For Meeting of: 9/3/2013 /
ITEM TITLE: An ordinance concerning Parks and Playgrounds, amending
Chapter 13.16 adding Section 13.16.075 prohibiting smoking
and setting penalties; amending Section 13.16.150 penalties
for violation; concerning Special Events, amending Chapter
9.70 adding Section 9.70.295 prohibiting smoking and setting
penalties; and amending Section 9.70.310 penalties for
violation.
SUBMITTED BY: Bronson Faul, Assistant City Attorney
SUMMARY EXPLANATION:
On August 20, 2013, a public hearing was held concerning smoking in parks, playgrounds, and
during special events. As a result of that public hearing, the City Council determined that City
parks, playgrounds, special events, and other City.property are intended for the healthy
enjoyment of. all citizens; and, smoking interferes and diminishes the enjoyment of parks,
playgrounds, and City special events for all citizens; and, the citizens support the prohibition of
smoking in those locations /or events.
After hearing from the citizens the City Council deems it in the best interest of the people of the
City of Yakima that smoking be prohibited in certain areas; City Council directed the Legal
Department to draft appropriate legislation in this regard.
Resolution:
Other (Specify):
Contract:
Start Date:
Item Budgeted: NA
Funding Source /Fiscal
Impact:
Strategic Priority:
Insurance Required? No
Mail to:
Ordinance: X
Contract Term:
End Date:
Amount:
Public Safety
Phone:
APPROVED FOR
SUBMITTAL:
RECOMMENDATION:
ATTACHMENTS:
Description
L-1 Ordinance re Public Smoking-Strikeout copy
❑ Ordinance re Public Smoking-Final copy
City Manager
Upload Date Type
812612013 Cover Memo
812612013 Cover Memo
ORDINANCE NO. 2013-
AN ORDINANCE concerning Parks and Playgrounds, amending Chapter 13.16
adding Section 13.16.075 prohibiting smoking and setting
penalties; amending Section 13.16.150 penalties for violation;
concerning Special Events, amending Chapter 9.70 adding
Section 9.70.295 prohibiting smoking and setting penalties; and
amending Section 9.70.310 penalties for violation.
WHEREAS, City parks, playgrounds and special events are intended for the healthy
enjoyment of all citizens; and
WHEREAS, the mission of the Yakima Parks and Recreation Department to provide and
promote community leisure as well as recreational and cultural activities for all citizens;
and
WHEREAS, smoking interferes and diminishes the enjoyment of parks, playgrounds and
special events; and
WHEREAS, the City held a public hearing where testimony was given in favor of
prohibiting smoking in these areas and events; and
WHEREAS, The City Council deems it in the best interest of the people of the City of
Yakima that smoking be prohibited in certain areas; Now, Therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Chapter 13.16 is amended to add Section 13.16.075 to the Yakima
Municipal Code to read as follows:
Chapter 13.16
RULES AND REGULATIONS
Sections:
13.16.005
Application of chapter.
13.16.010
Vehicles prohibited on other than established way.
13.16.015
Pedestrian right -of -way.
13.16.020
Removing or damaging plantings prohibited.
13.16.030
Defacing and injuring property prohibited.
13.16.040
Breaking glass prohibited.
13.16.050
Fires allowed only in prepared places.
13.16.060
Posting of signs and circulars prohibited.
13.16.065
Advertising within city parks authorized — Restrictions.
13.16.070
Intoxicating liquor regulated— Exceptions.
13.16.075 Smoking prohibited and penalties.
13.16.080 Trash to be placed in receptacles — Toilets not to be defaced.
13.16.090 Prohibiting vehicles in parks— Exceptions.
13.16.095 Prohibiting horses, mules, ponies and donkeys in parks— Exceptions and
permits.
13.16.100
Public assembly regulated.
13.16.110
Animals prohibited from running at large.
13.16.120
Firearms prohibited— Throwing prohibited.
13.16.130
Molesting birds and animals prohibited.
13.16.145
Hazardous and commercial activities prohibited — Regulations.
13.16.149
Additional rules and regulations.
13.16.150
Penalty for violations.
13.16.160
Exclusion from city parks.
13.16.005 Application of chapter.
Unless provided otherwise herein, the rules and regulations of this chapter shall apply
to the government, management, and use of all city parks and playgrounds in the city of
Yakima. (Ord. 94 -56 § 1, 1994: Ord. B -1381 § 1, 1952).
13.16.010 Vehicles prohibited on other than established way.
No vehicle shall enter, drive within, or leave any park or playground by other than the
established way. (Ord. B -1381, rule 1, 1952).
13.16.015 Pedestrian right -of -way.
(1) At all times and at all locations within any park, pedestrians shall enjoy the right -
of -way over any motorized or unmotorized vehicle, bicycle, tricycle, animal, skates, or
skateboard.
(2) A violation of this section shall constitute a civil infraction for which a monetary
penalty may be assessed in the amount of two hundred fifty dollars. Each separate day,
or portion thereof, during which any violation occurs shall constitute a separate violation.
(Ord. 2007 -10 § 1, 2007).
13.16.020 Removing or damaging plantings prohibited.
No person shall pick, cut, break or take, or in any way injure, any flower, plant, shrub
or tree in any park or playground. (Ord. B -1381, rule 2, 1952).
13.16.030 Defacing and injuring property prohibited.
No person shall cut, break, mark upon, or in any way injure or deface, any of the
buildings, seats, fences, gates or other property in any park or playground. (Ord. B -1381,
rule 3, 1952).
13.16.040 Breaking glass prohibited.
No person shall throw or break bottles or break glass of any kind in any park or
playground, but same must be placed in receptacles provided for such purposes. (Ord.
B -1381, rule 4, 1952).
13.16.050 Fires allowed only in prepared places.
No campfires or other outdoor or open fires shall be lighted or made anywhere in any
park or playground, except in places prepared for such purposes. (Ord. B -1381, rule 5,
1952).
13.16.060 Posting of signs and circulars prohibited.
Except as otherwise permitted by this chapter, no person shall post, paint, or affix any
placard, bill, notice, sign or advertisement in any park, playground or parkway. (Ord.
3353 § 1, 1991: Ord. 2531 § 6, 1981: Ord. B -1381, rule 6, 1952).
13.16.065 Advertising within city parks authorized — Restrictions.
The public works director or his designee is authorized to lease or to enter into
contracts with a commercial advertiser for the purposes of leasing advertising space
within any city of Yakima ball park. Such leases shall comply with the following
restrictions:
1. Space shall be leased at or about market rate for similar advertising space. The
market rate for similar advertising space shall be determined by the parks and recreation
manager.
2. Each lease shall be for a period not to exceed three years and shall be renewable
thereafter.
3. The space leased shall not be used for the purposes of advertising alcoholic
beverages or tobacco products.
4. The director of public works may include in each lease such additional provisions
as are necessary to implement this activity and which is necessary to maintain the safety
and integrity of the city of Yakima parks. (Ord. 2004 -21 § 1, 2004: Ord. 3353 § 2, 1991).
13.16.070 Intoxicating liquor regulated— Exceptions.
No intoxicating liquor or alcoholic beverage of any kind or nature shall be possessed,
consumed or brought within the limits of any city park, city playground, or any property
owned, operated and /or managed by the Yakima Greenway Foundation and its
successors and assigns within the boundaries of the city of Yakima, except for the
following:
(a) For any event not constituting a special event subject to Chapter 9.70 YMC,
intoxicating liquor or alcoholic beverages may be possessed, consumed or sold pursuant
to applicable city park permit and a valid permit issued by the Washington State Liquor
Control Board at Sarg Hubbard Park, Sherman Park, the Gateway Sports Complex at
Kiwanis Park, Fisher Park Golf Course, and /or the Harman Center at Gailleon Park.
(b) For any event constituting a special event subject to Chapter 9.70 YMC,
intoxicating liquor or alcoholic beverages may be possessed, consumed or sold in any
city park pursuant to the terms and conditions of such special event permit issued
pursuant to Chapter 9.70 YMC. (Ord. 2013 -016 § 1 (Exh. A), 2013: Ord. 2012 -09 § 2,
2012: Ord. 2004 -50 § 1, 2004: Ord. 2004 -18 § 1, 2004: Ord. 94 -56 § 2, 1994: Ord. 2906
§ 1, 1985: Ord. 2675 § 1, 1983: Ord. B -1381, rule 7, 1952).
13.16.075 Smoking prohibited.
A. It is unlawful for any person to smoke or light cigars, cigarettes, tobacco, or other
smoking material within any area covered by this Chapter.
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. A violation of this section is a civil infraction punishable by a fine of $100, not
including any statutory assessments. This penalty is in addition to any other remedies or
penalties as provided by law.
13.16.080 Trash to be placed in receptacles — Toilets not to be defaced.
No papers, boxes, food, litter, trash or material of any kind, shall be thrown on the
grass, walks or driveways, but the same must be placed in the receptacles provided for
that purpose. The comfort stations and toilets shall not be defaced nor improperly used,
nor the plumbing thereof obstructed or injured. (Ord. B -1381, rule 8, 1952).
13.16.090 Prohibiting vehicles in parks— Exceptions.
It shall be unlawful for any person to ride, drive or otherwise operate, or park any
automobile, motor - driven cycle, motorized foot scooter or other vehicle in or on any city
park pathways or playground, except within areas specifically provided and marked to
accommodate driving or of parking such vehicles; provided, this prohibition shall not
apply to motorized vehicles specifically manufactured or designed for the transportation
of a physically or medically impaired wheelchair -bound person, nor shall this prohibition
apply to city employees, agents and contractors in repairing, maintaining or performing
construction work on park property in the course of their employment or pursuant to a
contract with the city. (Ord. 2004 -19 § 1, 2004: Ord. 2180 § 1, 1978: Ord. B -1381, rule 9,
1952).
13.16.095 Prohibiting horses, mules, ponies and donkeys in parks— Exceptions
and permits.
A. It is unlawful for any person to ride, drive, stand, graze or otherwise allow any
horse, donkey, mule or pony in or on any city boulevard, park or playground.
B. Such animals shall be allowed within the limits of any city boulevard, park or
playground specifically provided and marked to accommodate such animals.
C. Such animals may be allowed within the limits of any city boulevard, park or
playground by written permit issued by the parks and recreation manager for carriage
rides and sleigh rides. Any person applying for such permit shall make written
application to the parks and recreation manager at least ten days prior to the event for
which a permit is sought. The application shall contain the following information: the
name and address of the person requesting the permit, the date, time, place and nature
of the event for which a permit is sought, whether the event is private or commercial, and
any information which the parks and recreation manager deems necessary to protect
city property or the health and safety of the public.
The parks and recreation manager may issue such permit to any applicant; provided,
that prior to issuance such applicant shall file with the parks and recreation manager a
certificate of insurance in the amount of at least five hundred thousand dollars combined
single limit liability for bodily injury and property damage with the city of Yakima, its
officers, employees and agents as named insureds. Such permit shall include conditions
to protect the general public and public property, including but not limited to, a condition
for snow cover and frozen turf to protect parks and playgrounds from sleighs, a condition
that animals used to pull such sleighs, and carriages shall be under the immediate
control of the permittee, a condition that permittees shall properly dispose of all debris
and waste resulting from the permitted use and permittees shall repair all damages
caused by the permitted use of the parks, playgrounds and boulevards.
Uses permitted under Chapter 9.70 of this code are exempt from this section.
It is unlawful to violate any conditions of a permit issued under this section. (Ord. 3073
§ 1, 1988: Ord. 2181 § 1, 1978).
13.16.100 Public assembly regulated.
Except for events held under the auspices of the department of parks and recreation,
no persons shall conduct or engage in any event calculated to attract a large concourse
of people, nor shall any person participate in a public assembly, in any park or
playground without a written park use permit issued by the director of parks and
recreation. Application for such a permit shall be made to the director on forms furnished
by him for that purpose, and shall contain all information called for on such form as
deemed necessary by the director to enable him to perform his duties in regulating the
use of parks and playgrounds. Upon proper application being made, the director shall
issue a park use permit unless:
(1) The event or assembly for which the permit is sought would obstructor
substantially interfere with recreational or other park use and enjoyment by the general
public;
(2) The place, date and time of the event or assembly for which a permit is sought
had previously been scheduled by the department, or allocated by permit, for some other
event;
(3) The event or assembly for which a permit is sought is solely of a private or
commercial nature; or
(4) The event or assembly for which a permit is sought has for its purpose the
violation of criminal law. (Ord. 1184 § 2, 1969: Ord. B -1381, rule 10, 1952).
13.16.110 Animals prohibited from running at large.
No cattle, horses, dogs or other animals, shall be turned into, or allowed to run at
large in any park, playground or parkway, nor shall any dog or other animal be permitted
to enter any pool, or water of any park. All dogs brought into any park or playground
must be held on leash. (Ord. B -1381, rule 11, 1952).
13.16.120 Firearms prohibited— Throwing prohibited.
No person shall throw stones or other missiles in any park or playground, or into the
waters of any pool, wading pool or swimming pool. (Ord. 2009 -19 § 1, 2009: Ord. 13-
1381, rule 12, 1952).
13.16.130 Molesting birds and animals prohibited.
No person shall molest or attempt to touch any bird or animal in any park. (Ord. 13-
1381, rule 13, 1952).
13.16.145 Hazardous and commercial activities prohibited — Regulations.
A. Hazardous Activities. No person shall engage in any activity in any park or
playground involving a manifest hazard to the general public or to other persons using,
or in the vicinity of, such park or playground, including, but not limited to, such activities
as golfing, archery, flying or self - propelled model airplanes (except rubber -band powered
model airplanes) and other activities of similar nature, except in areas specifically
designated by the director of parks and recreation for such purpose, without first
obtaining written permission of the director to engage in such activities.
B. Commercial Activities. No person shall sell or offer for sale in any park or
playground any goods, wares, refreshments, or other articles, nor sell, expose for sale,
or take or solicit orders for future delivery of photographs in any playground, without the
written permit of the director of parks and recreation.
C. Permit. The director of parks and recreation may issue permits to regulate
activities otherwise prohibited by subsections A and B of this section only when the
activity is to be carried out by an applicant which exhibits proof to the director that the
applicant has complied with all licensing and permit regulations and other laws and
regulations applicable to the activity for which a permit is sought, and only when the
activity for which a permit is sought will not interfere with recreational or other park use
and enjoyment by the general public. (Ord. 1184 § 3, 1969: Ord. 387 § 1, 1962: Ord. 357
§ 1, 1962).
13.16.149 Additional rules and regulations.
The parks and recreation commission is authorized to adopt further rules and
regulations, consistent with and to administer the provisions of this chapter, affecting the
control and use of parks and playgrounds. (Ord. 1184 § 6, 1969).
13.16.150 Penalty for violations.
It is unlawful for any person to violate or fail to comply with any rule or regulation
provided for in this chapter. Unless otherwise specified, Aany person convicted of
violating or of failing to comply with any rule or regulation provided for in this chapter
shall be punished by a fine of not more than two hundred fifty dollars or by imprisonment
in the city jail facility for a term not to exceed ninety days or by both such fine and
imprisonment. (Ord. 93 -69 § 1, 1993: Ord. 1533 § 7, 1973: Ord. 1184 § 4, 1969: Ord. 13-
1381 § 2, 1952).
13.16.160 Exclusion from city parks.
A. Notification of Exclusion. In addition to other penalties that may be imposed by
law for the violation of the posted rules and regulations and /or the commission of other
offenses in city of Yakima parks, Yakima police officers and the parks and recreation
manager, or his /her designee, are authorized to exclude from city parks an individual
who they have probable cause to believe has committed a crime or infraction while in a
city of Yakima park. The notice of exclusion shall be in writing and shall inform the
affected person of the reason for the exclusion, referencing a police report incident
number is sufficient, the period of exclusion, and that failure to comply with the notice of
exclusion shall be grounds for criminal prosecution. Service of the notice of exclusion
may be accomplished by personal service or by mailing a copy, addressed to the
person's last known address, by certified and regular United States mail. Unless
otherwise specified on the notice, the period of exclusion shall take effect immediately
upon actual or constructive receipt of the notice by the person being excluded. A person
may not defeat the effectiveness of a notice of exclusion by refusing to accept the notice.
Receipt of the notice of exclusion is construed to have been accomplished five days
after the notice is placed in the U.S. mail. Failure to immediately comply with a notice of
exclusion may subject the violator to prosecution for criminal trespass.
B. Appeal. A person who has been excluded from city parks, as described in
subsection A of this section, may submit a written request for a review of the exclusion.
The request must be postmarked by the United States Postal Service or received by the
city clerk within ten calendar days after the effective date of the exclusion. Upon
receiving a timely request, the appointed hearings examiner shall conduct a hearing in
which the city may present evidence supporting the exclusion, including but not limited to
evidence that the notice of exclusion procedures were followed, and that at the time of
the exclusion there was probable cause to believe a crime or infraction was committed in
a city park by the excluded individual. The excluded party may present evidence as to
why the exclusion was improper or should be reduced in time. This may be done by
phone or in person at a time and location determined by the appointed hearings
examiner. Within ten calendar days following the hearing, the appointed hearings
examiner shall issue a written decision affirming, modifying or terminating the exclusion.
The appointed hearings examiner's decision shall be final.
C. Savings. If any section, subsection, paragraph, sentence, clause or phrase of this
section is declared invalid or unconstitutional for any reason, such decision shall not
affect the validity of the remaining portions of this section. (Ord. 2011 -48 § 1, 2011).
Section 2. Chapter 9.70 is amended to add Section 9.70.295 to the Yakima
Municipal Code 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.
9.70.100
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 and penalties.
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) "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) "Event organizer' means any person who conducts, manages, promotes,
organizes, aids, or solicits attendance at a special event.
(5) "Event management company" means an entity with expertise in managing
special events.
(6) "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.
(7) "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.
(8) "March" means an organized walk or event whose principal purpose is
expressive activity in service of a public cause.
(9) "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.
(10) "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.
(11) "Rally" means a gathering whose principal purpose is expressive activity,
especially one intended to inspire enthusiasm for a cause.
(12) "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.
(13) "Sign" means any sign, pennant, flag, banner, inflatable display, or other
attention - seeking device.
(14) "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.
(15) "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.
(16) "Special event permit" means a permit issued under this chapter.
(17) "Special event venue" means that area for which a special event permit has
been issued.
(18) "Street" means anyplace that is publicly maintained and open to use of the
public for purposes of vehicular travel, including highways.
(19) "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.
(20) "Vendor" means any person who sells or offers to sell any goods, food, or
beverages within a special event venue. (Ord. 2012 -61 § 2 (Exh. A) (part), 2012).
9.70.020 Special event permit required.
(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. 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;
(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. 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.
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. 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) 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. 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.
(c) An application for an expressive activity special event permit shall be filed with
the economic development manager no less than seven 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. 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,
or the special event service team, and the city manager and the city council, if required.
(Ord. 2012 -61 § 2 (Exh. A) (part), 2012).
9.70.080 Date of special event not confirmed until notice of confirmation issued.
Notwithstanding the economic development manager's acceptance of a completed
application, the date of the event shall not be considered confirmed and the applicant
shall not market or promote the event until the economic development manager issues a
written notice of confirmation. (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; and
(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;
(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;
(1) 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 (particular 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
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 event organizer shall obtain and maintain in good standing a business
license from the city for the event;
(X) 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;
(Y) 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;
(Z) The city will provide and require the use of available city tents, canopies or other
equipment or fixtures bearing the brand of the city, to be used by the applicant for the
event. The city will charge a security deposit for the use of such tents, canopies or other
equipment or fixtures in accordance with a schedule of fees and charges maintained by
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 event. The
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;
(AA) 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. Windshield reminder notices will be
distributed by the organizer the evening before the event and any remaining vehicles are
subject to tow by the city, at the expense of the owner, at the time of the event;
(BB) Any other information required by the economic development manager to
enable him or her to timely or adequately process the application. (Ord. 2012 -61 § 2
(Exh. A) (part), 2012).
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. 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 failed to comply with any term of this chapter or with any condition of
a special event permit previously issued to the applicant. (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. 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. 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 time of the special
event;
(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) 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. 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. 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. One million dollars per occurrence /two million
dollars aggregate combined single limit liability for bodily injury and property damage.
2. If 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 nonowned vehicles. If the sponsor of the event does
not own the vehicles that will be used in the event, then only hired and nonowned auto
liability will be required, which can be included on the commercial general liability policy.
3. If liquor is served at the event: liquor liability at a one million dollar liability limit.
4. The applicant shall provide a certificate of insurance as proof of the insurance
required above that clearly states who the provider is, the amount of coverage, the policy
number, and when the policy and provisions provided are in effect. Said policy shall be
in effect for the duration of the permit. The certificate of liability insurance policy shall
name the city of Yakima, its elected officials, officers, agents, employees and volunteers
as additional insureds, and shall contain a clause that the insurer will not cancel the
insurance without first giving the city thirty calendar days' prior written notice. The
insurance shall be with an insurance company or companies rated A -: VII or higher in
Best's Guide and admitted in the state of Washington. If the city is damaged by the
failure of the applicant to maintain the above insurance or to notify the city, then the
applicant shall bear all costs attributable thereto. An expiration, cancellation, or
revocation of the insurance policy or withdrawal of the insurer from the insurance policy
automatically suspends the permit issued to the applicant until a new insurance policy or
reinstatement notice has been filed and approved as provided in this section.
B. No later than 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. The requirements of the certificate of liability insurance are set forth in
subsection A of this section. Additional endorsements for host liquor liability and /or
products liability may be required, in the event food, beverages and /or alcoholic
beverages are to be dispensed.
C. The applicant shall provide a signed statement that the applicant/responsible
party shall pay the costs of services which the city of Yakima is required to perform by
reason of management of street use of the parade or special event, including but not
limited to cleanup. 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.
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. 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. 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;
(2) The special event is being 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) The special event permit was issued in error or contrary to law;
(6) The applicant has not paid all fees when due; or
(7) The applicant has failed to provide confirmation or proof that it has obtained the
minimum number of required volunteers to perform safety functions.
(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 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. 2012 -61 § 2 (Exh. A) (part), 2012).
9.70.190 Cost recovery for special events — Fees — Security deposit.
A. Special Event 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 and of equipment, materials and permit
fees.
(1) The full range of costs associated with special events shall be documented.
(2) A special event permit fee shall be charged. The amount of the fee shall be set
administratively by the city manager or his or her designee.
(3) For special events in which benefits to recognized charitable organizations are a
significant component, staff time and costs associated with traffic control services,
routine police services and routine cleanup activities shall be charged based on the city's
direct costs only, or may be reduced or waived for good cause shown. For all other
special events, staff time and costs incurred shall be for the full amount of costs incurred
by the city in connection with the event, including indirect costs of staff time such as
benefits and all overhead costs associated with the position.
(4) The economic development manager shall require payment of fees, or a
reasonable estimate thereof, at the time the completed application is approved, unless
the economic development manager for good cause extends time for payment.
B. 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
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. The city shall thereupon
request a refund of the remaining balance of such 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. In the event city costs of cleanup, repair and /or restoration of
the site exceed the amount of the security deposit, 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. 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.
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;
(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 of this chapter shall not apply to
expressive activity special events. (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. 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. 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. 2012 -61 § 2 (Exh. A) (part), 2012).
9.70.270 Unlawful to conduct or promote attendance at special event without
permit.
(a) It is unlawful to conduct a special event without a special event permit as
required pursuant to this chapter.
(b) It is unlawful for any person to conduct, promote, or manage any special event
for which a special event permit has not been issued. (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. 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.
2012 -61 § 2 (Exh. A) (part), 2012).
9.70.295 Smoking prohibited.
A. It is unlawful for any person 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 50 people are gathering.
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. A violation of this section is a civil infraction punishable by a fine of $100, not
including any statutory assessments. This penalty is in addition to any other remedies or
penalties as provided by law.
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. (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, Aany 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. 2012 -61 § 2 (Exh.
A) (part), 2012).
Section 3. If any provision of this ordinance is declared invalid or
unconstitutional by any Court of competent jurisdiction, the remaining provisions shall be
severable and shall continue in full force and effect.
Section 4. This ordinance shall become effective and shall be in full force and
effect 30 days after its passage and publication in accordance with law.
PASSED BY THE CITY COUNCIL, signed and approved this _th day of
12013
ATTEST:
City Clerk
Publication Date:
Effective Date:
Micah Cawley, Mayor
ORDINANCE NO. 2013-
AN ORDINANCE concerning Parks and Playgrounds, amending Chapter 13.16
adding Section 13.16.075 prohibiting smoking and setting
penalties; amending Section 13.16.150 penalties for violation;
concerning Special Events, amending Chapter 9.70 adding
Section 9.70.295 prohibiting smoking and setting penalties; and
amending Section 9.70.310 penalties for violation.
WHEREAS, City parks, playgrounds and special events are intended for the healthy
enjoyment of all citizens; and
WHEREAS, the mission of the Yakima Parks and Recreation Department to provide and
promote community leisure as well as recreational and cultural activities for all citizens;
and
WHEREAS, smoking interferes and diminishes the enjoyment of parks, playgrounds and
special events; and
WHEREAS, the City held a public hearing where testimony was given in favor of
prohibiting smoking in these areas and events; and
WHEREAS, The City Council deems it in the best interest of the people of the City of
Yakima that smoking be prohibited in certain areas; Now, Therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Chapter 13.16 is amended to add Section 13.16.075 to the Yakima
Municipal Code to read as follows:
Chapter 13.16
RULES AND REGULATIONS
Sections:
13.16.005
Application of chapter.
13.16.010
Vehicles prohibited on other than established way.
13.16.015
Pedestrian right -of -way.
13.16.020
Removing or damaging plantings prohibited.
13.16.030
Defacing and injuring property prohibited.
13.16.040
Breaking glass prohibited.
13.16.050
Fires allowed only in prepared places.
13.16.060
Posting of signs and circulars prohibited.
13.16.065
Advertising within city parks authorized — Restrictions.
13.16.070
Intoxicating liquor regulated— Exceptions.
13.16.075 Smoking prohibited and penalties.
13.16.080 Trash to be placed in receptacles — Toilets not to be defaced.
13.16.090 Prohibiting vehicles in parks— Exceptions.
13.16.095 Prohibiting horses, mules, ponies and donkeys in parks— Exceptions and
permits.
13.16.100
Public assembly regulated.
13.16.110
Animals prohibited from running at large.
13.16.120
Firearms prohibited— Throwing prohibited.
13.16.130
Molesting birds and animals prohibited.
13.16.145
Hazardous and commercial activities prohibited — Regulations.
13.16.149
Additional rules and regulations.
13.16.150
Penalty for violations.
13.16.160
Exclusion from city parks.
13.16.005 Application of chapter.
Unless provided otherwise herein, the rules and regulations of this chapter shall apply
to the government, management, and use of all city parks and playgrounds in the city of
Yakima. (Ord. 94 -56 § 1, 1994: Ord. B -1381 § 1, 1952).
13.16.010 Vehicles prohibited on other than established way.
No vehicle shall enter, drive within, or leave any park or playground by other than the
established way. (Ord. B -1381, rule 1, 1952).
13.16.015 Pedestrian right -of -way.
(1) At all times and at all locations within any park, pedestrians shall enjoy the right -
of -way over any motorized or unmotorized vehicle, bicycle, tricycle, animal, skates, or
skateboard.
(2) A violation of this section shall constitute a civil infraction for which a monetary
penalty may be assessed in the amount of two hundred fifty dollars. Each separate day,
or portion thereof, during which any violation occurs shall constitute a separate violation.
(Ord. 2007 -10 § 1, 2007).
13.16.020 Removing or damaging plantings prohibited.
No person shall pick, cut, break or take, or in any way injure, any flower, plant, shrub
or tree in any park or playground. (Ord. B -1381, rule 2, 1952).
13.16.030 Defacing and injuring property prohibited.
No person shall cut, break, mark upon, or in any way injure or deface, any of the
buildings, seats, fences, gates or other property in any park or playground. (Ord. B -1381,
rule 3, 1952).
13.16.040 Breaking glass prohibited.
No person shall throw or break bottles or break glass of any kind in any park or
playground, but same must be placed in receptacles provided for such purposes. (Ord.
B -1381, rule 4, 1952).
13.16.050 Fires allowed only in prepared places.
No campfires or other outdoor or open fires shall be lighted or made anywhere in any
park or playground, except in places prepared for such purposes. (Ord. B -1381, rule 5,
1952).
13.16.060 Posting of signs and circulars prohibited.
Except as otherwise permitted by this chapter, no person shall post, paint, or affix any
placard, bill, notice, sign or advertisement in any park, playground or parkway. (Ord.
3353 § 1, 1991: Ord. 2531 § 6, 1981: Ord. B -1381, rule 6, 1952).
13.16.065 Advertising within city parks authorized — Restrictions.
The public works director or his designee is authorized to lease or to enter into
contracts with a commercial advertiser for the purposes of leasing advertising space
within any city of Yakima ball park. Such leases shall comply with the following
restrictions:
1. Space shall be leased at or about market rate for similar advertising space. The
market rate for similar advertising space shall be determined by the parks and recreation
manager.
2. Each lease shall be for a period not to exceed three years and shall be renewable
thereafter.
3. The space leased shall not be used for the purposes of advertising alcoholic
beverages or tobacco products.
4. The director of public works may include in each lease such additional provisions
as are necessary to implement this activity and which is necessary to maintain the safety
and integrity of the city of Yakima parks. (Ord. 2004 -21 § 1, 2004: Ord. 3353 § 2, 1991).
13.16.070 Intoxicating liquor regulated— Exceptions.
No intoxicating liquor or alcoholic beverage of any kind or nature shall be possessed,
consumed or brought within the limits of any city park, city playground, or any property
owned, operated and /or managed by the Yakima Greenway Foundation and its
successors and assigns within the boundaries of the city of Yakima, except for the
following:
(a) For any event not constituting a special event subject to Chapter 9.70 YMC,
intoxicating liquor or alcoholic beverages may be possessed, consumed or sold pursuant
to applicable city park permit and a valid permit issued by the Washington State Liquor
Control Board at Sarg Hubbard Park, Sherman Park, the Gateway Sports Complex at
Kiwanis Park, Fisher Park Golf Course, and /or the Harman Center at Gailleon Park.
(b) For any event constituting a special event subject to Chapter 9.70 YMC,
intoxicating liquor or alcoholic beverages may be possessed, consumed or sold in any
city park pursuant to the terms and conditions of such special event permit issued
pursuant to Chapter 9.70 YMC. (Ord. 2013 -016 § 1 (Exh. A), 2013: Ord. 2012 -09 § 2,
2012: Ord. 2004 -50 § 1, 2004: Ord. 2004 -18 § 1, 2004: Ord. 94 -56 § 2, 1994: Ord. 2906
§ 1, 1985: Ord. 2675 § 1, 1983: Ord. B -1381, rule 7, 1952).
13.16.075 Smoking prohibited.
A. It is unlawful for any person to smoke or light cigars, cigarettes, tobacco, or other
smoking material within any area covered by this Chapter.
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. A violation of this section is a civil infraction punishable by a fine of $100, not
including any statutory assessments. This penalty is in addition to any other remedies or
penalties as provided by law.
13.16.080 Trash to be placed in receptacles — Toilets not to be defaced.
No papers, boxes, food, litter, trash or material of any kind, shall be thrown on the
grass, walks or driveways, but the same must be placed in the receptacles provided for
that purpose. The comfort stations and toilets shall not be defaced nor improperly used,
nor the plumbing thereof obstructed or injured. (Ord. B -1381, rule 8, 1952).
13.16.090 Prohibiting vehicles in parks— Exceptions.
It shall be unlawful for any person to ride, drive or otherwise operate, or park any
automobile, motor - driven cycle, motorized foot scooter or other vehicle in or on any city
park pathways or playground, except within areas specifically provided and marked to
accommodate driving or of parking such vehicles; provided, this prohibition shall not
apply to motorized vehicles specifically manufactured or designed for the transportation
of a physically or medically impaired wheelchair -bound person, nor shall this prohibition
apply to city employees, agents and contractors in repairing, maintaining or performing
construction work on park property in the course of their employment or pursuant to a
contract with the city. (Ord. 2004 -19 § 1, 2004: Ord. 2180 § 1, 1978: Ord. B -1381, rule 9,
1952).
13.16.095 Prohibiting horses, mules, ponies and donkeys in parks— Exceptions
and permits.
A. It is unlawful for any person to ride, drive, stand, graze or otherwise allow any
horse, donkey, mule or pony in or on any city boulevard, park or playground.
B. Such animals shall be allowed within the limits of any city boulevard, park or
playground specifically provided and marked to accommodate such animals.
C. Such animals may be allowed within the limits of any city boulevard, park or
playground by written permit issued by the parks and recreation manager for carriage
rides and sleigh rides. Any person applying for such permit shall make written
application to the parks and recreation manager at least ten days prior to the event for
which a permit is sought. The application shall contain the following information: the
name and address of the person requesting the permit, the date, time, place and nature
of the event for which a permit is sought, whether the event is private or commercial, and
any information which the parks and recreation manager deems necessary to protect
city property or the health and safety of the public.
The parks and recreation manager may issue such permit to any applicant; provided,
that prior to issuance such applicant shall file with the parks and recreation manager a
certificate of insurance in the amount of at least five hundred thousand dollars combined
single limit liability for bodily injury and property damage with the city of Yakima, its
officers, employees and agents as named insureds. Such permit shall include conditions
to protect the general public and public property, including but not limited to, a condition
for snow cover and frozen turf to protect parks and playgrounds from sleighs, a condition
that animals used to pull such sleighs, and carriages shall be under the immediate
control of the permittee, a condition that permittees shall properly dispose of all debris
and waste resulting from the permitted use and permittees shall repair all damages
caused by the permitted use of the parks, playgrounds and boulevards.
Uses permitted under Chapter 9.70 of this code are exempt from this section.
It is unlawful to violate any conditions of a permit issued under this section. (Ord. 3073
§ 1, 1988: Ord. 2181 § 1, 1978).
13.16.100 Public assembly regulated.
Except for events held under the auspices of the department of parks and recreation,
no persons shall conduct or engage in any event calculated to attract a large concourse
of people, nor shall any person participate in a public assembly, in any park or
playground without a written park use permit issued by the director of parks and
recreation. Application for such a permit shall be made to the director on forms furnished
by him for that purpose, and shall contain all information called for on such form as
deemed necessary by the director to enable him to perform his duties in regulating the
use of parks and playgrounds. Upon proper application being made, the director shall
issue a park use permit unless:
(1) The event or assembly for which the permit is sought would obstructor
substantially interfere with recreational or other park use and enjoyment by the general
public;
(2) The place, date and time of the event or assembly for which a permit is sought
had previously been scheduled by the department, or allocated by permit, for some other
event;
(3) The event or assembly for which a permit is sought is solely of a private or
commercial nature; or
(4) The event or assembly for which a permit is sought has for its purpose the
violation of criminal law. (Ord. 1184 § 2, 1969: Ord. B -1381, rule 10, 1952).
13.16.110 Animals prohibited from running at large.
No cattle, horses, dogs or other animals, shall be turned into, or allowed to run at
large in any park, playground or parkway, nor shall any dog or other animal be permitted
to enter any pool, or water of any park. All dogs brought into any park or playground
must be held on leash. (Ord. B -1381, rule 11, 1952).
13.16.120 Firearms prohibited— Throwing prohibited.
No person shall throw stones or other missiles in any park or playground, or into the
waters of any pool, wading pool or swimming pool. (Ord. 2009 -19 § 1, 2009: Ord. 13-
1381, rule 12, 1952).
13.16.130 Molesting birds and animals prohibited.
No person shall molest or attempt to touch any bird or animal in any park. (Ord. 13-
1381, rule 13, 1952).
13.16.145 Hazardous and commercial activities prohibited — Regulations.
A. Hazardous Activities. No person shall engage in any activity in any park or
playground involving a manifest hazard to the general public or to other persons using,
or in the vicinity of, such park or playground, including, but not limited to, such activities
as golfing, archery, flying or self - propelled model airplanes (except rubber -band powered
model airplanes) and other activities of similar nature, except in areas specifically
designated by the director of parks and recreation for such purpose, without first
obtaining written permission of the director to engage in such activities.
B. Commercial Activities. No person shall sell or offer for sale in any park or
playground any goods, wares, refreshments, or other articles, nor sell, expose for sale,
or take or solicit orders for future delivery of photographs in any playground, without the
written permit of the director of parks and recreation.
C. Permit. The director of parks and recreation may issue permits to regulate
activities otherwise prohibited by subsections A and B of this section only when the
activity is to be carried out by an applicant which exhibits proof to the director that the
applicant has complied with all licensing and permit regulations and other laws and
regulations applicable to the activity for which a permit is sought, and only when the
activity for which a permit is sought will not interfere with recreational or other park use
and enjoyment by the general public. (Ord. 1184 § 3, 1969: Ord. 387 § 1, 1962: Ord. 357
§ 1, 1962).
13.16.149 Additional rules and regulations.
The parks and recreation commission is authorized to adopt further rules and
regulations, consistent with and to administer the provisions of this chapter, affecting the
control and use of parks and playgrounds. (Ord. 1184 § 6, 1969).
13.16.150 Penalty for violations.
It is unlawful for any person to violate or fail to comply with any rule or regulation
provided for in this chapter. Unless otherwise specified, any person convicted of violating
or of failing to comply with any rule or regulation provided for in this chapter shall be
punished by a fine of not more than two hundred fifty dollars or by imprisonment in the
city jail facility for a term not to exceed ninety days or by both such fine and
imprisonment. (Ord. 93 -69 § 1, 1993: Ord. 1533 § 7, 1973: Ord. 1184 § 4, 1969: Ord. 13-
1381 § 2, 1952).
13.16.160 Exclusion from city parks.
A. Notification of Exclusion. In addition to other penalties that may be imposed by
law for the violation of the posted rules and regulations and /or the commission of other
offenses in city of Yakima parks, Yakima police officers and the parks and recreation
manager, or his /her designee, are authorized to exclude from city parks an individual
who they have probable cause to believe has committed a crime or infraction while in a
city of Yakima park. The notice of exclusion shall be in writing and shall inform the
affected person of the reason for the exclusion, referencing a police report incident
number is sufficient, the period of exclusion, and that failure to comply with the notice of
exclusion shall be grounds for criminal prosecution. Service of the notice of exclusion
may be accomplished by personal service or by mailing a copy, addressed to the
person's last known address, by certified and regular United States mail. Unless
otherwise specified on the notice, the period of exclusion shall take effect immediately
upon actual or constructive receipt of the notice by the person being excluded. A person
may not defeat the effectiveness of a notice of exclusion by refusing to accept the notice.
Receipt of the notice of exclusion is construed to have been accomplished five days
after the notice is placed in the U.S. mail. Failure to immediately comply with a notice of
exclusion may subject the violator to prosecution for criminal trespass.
B. Appeal. A person who has been excluded from city parks, as described in
subsection A of this section, may submit a written request for a review of the exclusion.
The request must be postmarked by the United States Postal Service or received by the
city clerk within ten calendar days after the effective date of the exclusion. Upon
receiving a timely request, the appointed hearings examiner shall conduct a hearing in
which the city may present evidence supporting the exclusion, including but not limited to
evidence that the notice of exclusion procedures were followed, and that at the time of
the exclusion there was probable cause to believe a crime or infraction was committed in
a city park by the excluded individual. The excluded party may present evidence as to
why the exclusion was improper or should be reduced in time. This may be done by
phone or in person at a time and location determined by the appointed hearings
examiner. Within ten calendar days following the hearing, the appointed hearings
examiner shall issue a written decision affirming, modifying or terminating the exclusion.
The appointed hearings examiner's decision shall be final.
C. Savings. If any section, subsection, paragraph, sentence, clause or phrase of this
section is declared invalid or unconstitutional for any reason, such decision shall not
affect the validity of the remaining portions of this section. (Ord. 2011 -48 § 1, 2011).
Section 2. Chapter 9.70 is amended to add Section 9.70.295 to the Yakima
Municipal Code 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.
9.70.100
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 and penalties.
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) "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) "Event organizer' means any person who conducts, manages, promotes,
organizes, aids, or solicits attendance at a special event.
(5) "Event management company" means an entity with expertise in managing
special events.
(6) "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.
(7) "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.
(8) "March" means an organized walk or event whose principal purpose is
expressive activity in service of a public cause.
(9) "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.
(10) "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.
(11) "Rally" means a gathering whose principal purpose is expressive activity,
especially one intended to inspire enthusiasm for a cause.
(12) "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.
(13) "Sign" means any sign, pennant, flag, banner, inflatable display, or other
attention - seeking device.
(14) "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.
(15) "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.
(16) "Special event permit" means a permit issued under this chapter.
(17) "Special event venue" means that area for which a special event permit has
been issued.
(18) "Street" means anyplace that is publicly maintained and open to use of the
public for purposes of vehicular travel, including highways.
(19) "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.
(20) "Vendor" means any person who sells or offers to sell any goods, food, or
beverages within a special event venue. (Ord. 2012 -61 § 2 (Exh. A) (part), 2012).
9.70.020 Special event permit required.
(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. 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;
(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. 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.
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. 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) 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. 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.
(c) An application for an expressive activity special event permit shall be filed with
the economic development manager no less than seven 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. 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,
or the special event service team, and the city manager and the city council, if required.
(Ord. 2012 -61 § 2 (Exh. A) (part), 2012).
9.70.080 Date of special event not confirmed until notice of confirmation issued.
Notwithstanding the economic development manager's acceptance of a completed
application, the date of the event shall not be considered confirmed and the applicant
shall not market or promote the event until the economic development manager issues a
written notice of confirmation. (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; and
(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;
(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;
(1) 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 (particular 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
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 event organizer shall obtain and maintain in good standing a business
license from the city for the event;
(X) 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;
(Y) 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;
(Z) The city will provide and require the use of available city tents, canopies or other
equipment or fixtures bearing the brand of the city, to be used by the applicant for the
event. The city will charge a security deposit for the use of such tents, canopies or other
equipment or fixtures in accordance with a schedule of fees and charges maintained by
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 event. The
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;
(AA) 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. Windshield reminder notices will be
distributed by the organizer the evening before the event and any remaining vehicles are
subject to tow by the city, at the expense of the owner, at the time of the event;
(BB) Any other information required by the economic development manager to
enable him or her to timely or adequately process the application. (Ord. 2012 -61 § 2
(Exh. A) (part), 2012).
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. 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 failed to comply with any term of this chapter or with any condition of
a special event permit previously issued to the applicant. (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. 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. 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 time of the special
event;
(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) 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. 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. 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. One million dollars per occurrence /two million
dollars aggregate combined single limit liability for bodily injury and property damage.
2. If 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 nonowned vehicles. If the sponsor of the event does
not own the vehicles that will be used in the event, then only hired and nonowned auto
liability will be required, which can be included on the commercial general liability policy.
3. If liquor is served at the event: liquor liability at a one million dollar liability limit.
4. The applicant shall provide a certificate of insurance as proof of the insurance
required above that clearly states who the provider is, the amount of coverage, the policy
number, and when the policy and provisions provided are in effect. Said policy shall be
in effect for the duration of the permit. The certificate of liability insurance policy shall
name the city of Yakima, its elected officials, officers, agents, employees and volunteers
as additional insureds, and shall contain a clause that the insurer will not cancel the
insurance without first giving the city thirty calendar days' prior written notice. The
insurance shall be with an insurance company or companies rated A -: VII or higher in
Best's Guide and admitted in the state of Washington. If the city is damaged by the
failure of the applicant to maintain the above insurance or to notify the city, then the
applicant shall bear all costs attributable thereto. An expiration, cancellation, or
revocation of the insurance policy or withdrawal of the insurer from the insurance policy
automatically suspends the permit issued to the applicant until a new insurance policy or
reinstatement notice has been filed and approved as provided in this section.
B. No later than 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. The requirements of the certificate of liability insurance are set forth in
subsection A of this section. Additional endorsements for host liquor liability and /or
products liability may be required, in the event food, beverages and /or alcoholic
beverages are to be dispensed.
C. The applicant shall provide a signed statement that the applicant/responsible
party shall pay the costs of services which the city of Yakima is required to perform by
reason of management of street use of the parade or special event, including but not
limited to cleanup. 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.
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. 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. 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;
(2) The special event is being 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) The special event permit was issued in error or contrary to law;
(6) The applicant has not paid all fees when due; or
(7) The applicant has failed to provide confirmation or proof that it has obtained the
minimum number of required volunteers to perform safety functions.
(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 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. 2012 -61 § 2 (Exh. A) (part), 2012).
9.70.190 Cost recovery for special events — Fees — Security deposit.
A. Special Event 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 and of equipment, materials and permit
fees.
(1) The full range of costs associated with special events shall be documented.
(2) A special event permit fee shall be charged. The amount of the fee shall be set
administratively by the city manager or his or her designee.
(3) For special events in which benefits to recognized charitable organizations are a
significant component, staff time and costs associated with traffic control services,
routine police services and routine cleanup activities shall be charged based on the city's
direct costs only, or may be reduced or waived for good cause shown. For all other
special events, staff time and costs incurred shall be for the full amount of costs incurred
by the city in connection with the event, including indirect costs of staff time such as
benefits and all overhead costs associated with the position.
(4) The economic development manager shall require payment of fees, or a
reasonable estimate thereof, at the time the completed application is approved, unless
the economic development manager for good cause extends time for payment.
B. 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
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. The city shall thereupon
request a refund of the remaining balance of such 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. In the event city costs of cleanup, repair and /or restoration of
the site exceed the amount of the security deposit, 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. 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.
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;
(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 of this chapter shall not apply to
expressive activity special events. (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. 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. 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. 2012 -61 § 2 (Exh. A) (part), 2012).
9.70.270 Unlawful to conduct or promote attendance at special event without
permit.
(a) It is unlawful to conduct a special event without a special event permit as
required pursuant to this chapter.
(b) It is unlawful for any person to conduct, promote, or manage any special event
for which a special event permit has not been issued. (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. 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.
2012 -61 § 2 (Exh. A) (part), 2012).
9.70.295 Smoking prohibited.
A. It is unlawful for any person 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 50 people are gathering.
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. A violation of this section is a civil infraction punishable by a fine of $100, not
including any statutory assessments. This penalty is in addition to any other remedies or
penalties as provided by law.
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. (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. 2012 -61 § 2 (Exh.
A) (part), 2012).
Section 3. If any provision of this ordinance is declared invalid or
unconstitutional by any Court of competent jurisdiction, the remaining provisions shall be
severable and shall continue in full force and effect.
Section 4. This ordinance shall become effective and shall be in full force and
effect 30 days after its passage and publication in accordance with law.
PASSED BY THE CITY COUNCIL, signed and approved this _th day of
'2013.
ATTEST:
City Clerk
Publication Date:
Effective Date:
Micah Cawley, Mayor
!Distributed t e
Meeting
MEMORANDUM
To: Honorable Mayor and Members of the Yakima City Council
From: Jeff Cutter, City Attorney
Date: September 3, 2013
RE: Overview of smoking ordinance changes
The ordinance revision to Chapter 13.16 YMC with the addition of section 13.16.075
makes smoking any material in City Parks and Playgrounds unlawful. There is no
distance separation in this section, it is simply prohibited to smoke within the City Parks
and Playgrounds.
For special events, as defined in Chapter 9.70 YMC, Section 9.70.295 is added, making
it unlawful to smoke any smoking material at any special event as defined in the YMC
OR on any City property where 50 or more people are gathering. Therefore, for special
events and for any City property where there have gathered more than 50 people,
smoking is prohibited.