HomeMy WebLinkAbout08/18/2009 12 Street Closure Permits Processing Report - Parades and Special Events ® BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. (�-
For meeting of: August 18, 2009
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ITEM TITLE: Consideration of Report Related to the Processing of Parade
and Special Event Street Closure Permits (YMC 9.70).
SUBMITTED BY: William R. Cook, Director Community and Economic
Development
CONTACT PERSON/TELEPHONE: Joan Davenport, Planning Manager (576 -6417)
SUMMARY EXPLANATION: -
The enclosed report provides a summary of the existing process, as well as items which require review
and possible modification pertaining to the process of obtaining a Parade and Special Event Permits.
The current process authorizes the Chief of Police to issue such permits under the authority of Yakima
Municipal Code 9.70. As was discussed at a recent City Council meeting, the City's current process
has been shored up and coordination among the various City departments heightened. Improvements -
in internal coordination continue.
part from processing of such permits, there are a number of discussion items presented in the
tachment that may require policy direction from the City Council, or feedback from a City Council
mmittee. These issues include; the requirement for notice to adjoining property owners, prohibitions
o s
of certain street closures, _ the possibility of a ' public review and comment process, and other
requirements of permitees such as; hold harmless agreements, insurance requirements, etc.
Resolution Other (Specify) report and YMC 9.70 Contract
Funding Source
APPROVED FOR SUBMITTAL: j4. .; 1 r�� � i11- City Manager
STAFF RECOMMENDATION: Assign to Public Safety Committee
BOARD /COMMISSION /COMMITTEE RECOMMENDATION:
COUNCIL ACTION: .
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COUNCIL 8 F0:- .�M' TDON "EPORT
To: Honorable Mayor and Members of City Council
Dick Zais, City Manager
From: Bill Cook, Director of Community and Economic Development
Joan Davenport, Planning Manager
Bruce Benson, Supervising Planner
Date: August 18, 2009
Subject: "Special Event" or Parade Street Closures
Requests from private citizens and organizations to hold parades, marches or conduct events on
public streets are submitted on a regular basis to the City of Yakima. A permit from the Chief of
Police is currently required to host such an event, as provided in Yakima Municipal Code 9.70
(Attachment 1) which specifies the process for filing a permit, a requirement for liability
insurance coverage, and appeal procedures to the City Manager. In 2008 the Yakima Police
Department processed 68 applications for street closures due to events or parades.
The current permit process for special event closure of a street does not require public notice to
adjoining property owners or in the media. Notice of the proposed event is not necessarily
0 circulated to Yakima Transit, Refuse or any other division or public agency. In addition, there
are no current policy guidelines for the Chief of Police to use in considering the permit (such as a
request to close a major street during evening peak hour traffic).
A number of items may be considered in the updating of the permit requirements in order to
minimize disruption of traffic, protect public safety, provide broad notice of such events and
improve coordination.
1. Consider transfer of permit authority to the Department of Community
Development. The Permit Center in City Hall is readily accessible for the public to file
applications. The Planning and Code Divisions cooperate on review and processing of
various types of permits, including handling the authority for "Right of Way Use
Permits" (YMC 8.20). Processing of the permit through the Permit Center would take
advantage of procedures, staff and resources to review and coordinate applications.
2. Circulate the Street Closure Request to Affected Agencies for Comments. A
proposed event will have various impacts, depending on the location, the type of event,
duration and time of the street closure. Prior to approval of the event comments should
be obtained from Yakima Transit, Yakima Police, City Traffic Engineering, Yakima Fire
Department, Code Administration, and the Planning Division. In addition, the
- Committee for Downtown Yakima has requested advance notice of applications in the
CBD area. If the event will have food, the Health District should be contacted.
Washington Department of Labor and Industries is responsible for approval of temporary
III electrical services for events. Any event serving alcohol requires a permit from the
Washington State Liquor Control Board.
Council Report on Special Event Street Closures
Page 1 of 3
3. Minimum Time to Review. Applications for Parades and Special Events should be
submitted to the City with enough time to provide a 30 day review and approval process
including coordination of impacts and requirements, as well as discussion with
potentially impacted agencies, businesses and property owners.
4. Notice of Planned Event. As a condition of permit approval, the applicant should
provide notice to adjoining property owners of the event including date, time of day and
duration as well as the physical limits of the street closure. Consideration may also be
given to whether a notice should be published or made otherwise made available to the
general public prior to the event.
5. Traffic Control and ]Police Escorts. The permit should specify if the event requires a
"Detour Plan" or other Traffic Control Plan, to be approved by the City Traffic Engineer
in compliance with the Manual on Uniform Traffic Control Devices (MUTCD). If the
event is a parade or moving event an escort by the staff of the Yakima Police Department
may be required. The permit must make these conditions known early in the review
process. The applicant is responsible for all costs associated with obtaining, installing and
removing Traffic Control signs and devices, as well as compensation for Yakima Police
Staff. If an event disrupts on -street parking, the applicant is responsible for appropriate
notice and signing prior to the planned event time.
6. Procedures Need Modification. The permit form, approval process and public
information regarding the process need to be updated. There is no fee for the permit at
this time. It is recommended that the "Parade and Special Event Permits" be modified
and added to Title 8.20 of the Yakima Municipal Code "Right of Way Use Permits ".
Much of the current requirements and text of YMC 9.70 "Parade and Special Event
Permits" should be retained. For example, the requirement for Liability Insurance
coverage for certain events (YMC 9.70.055) and the ability to recover costs of clean-up
services if necessary are important features of the existing requirements which should be
maintained.
7. Consider Some Policy Statements. The Council may wish to adopt written policy
statements regarding when streets may be closed for private events. For example:
a. No Primary Arterial Street may be closed for special events on weekdays
(Monday through Friday) between 7 AM and 6 PM. (Such streets include First
Street, Yakima Avenue, Lincoln Avenue, Martin Luther King Jr. Blvd, Tieton
Drive, Nob Hill Blvd, Washington Avenue, etc.)
b. Preference should be given to closure of Local or Collector Streets, rather than
Principal or other Arterial Streets, in order to minimize traffic flow disruption.
c. Consideration of policy regarding "For Profit" events which charge entrance fees
to the public for events that occur on city streets.
d. A Hold Harmless and Indemnification Agreement should be required with the
City of Yakima for any structures, electrical or mechanical equipment,
furnishings, or other features.
e. If any canopies, tents or awnings will be used during special events a permit may
be necessary from the Code Division under the terms of the 2006 International
Fire Code.
Council Report on Special Event Street Closures
Page 2 of 3
• f. Determine if any burin of any kind is planned y g y p ann and if a permit is necessary from
Clean Air Authority
g. Are rides planned, or any animals or livestock?
h. Live or amplified music planned (hours of music).
8. Clean -up Requirements Should i:.e Defined. As noted above the City currently has the
authority to require the applicant to reimburse the City for any clean -up costs as a result
of the event. An agreement or bond could be required to notify the applicant of this
responsibility.
Recommendation
This item could be referred to one of the City Council Committees (such as the Downtown
Futures Committee) for discussion and guidance.
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Council Report on Special Event Street Closures
Page 3 of 3
Chapter 9.70 PARADE AND SPECIAL EVENT PERMITS Page 1 of 4
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Chapter 9.70
PARADE AND SPECIAL EVENT PERMITS
Sections:
9.70.010 Parade and special event permits — Definitions.
9.70.020 Permits required.
9.70.030 Offenses.
9.70.040 Civil penalty.
9.70.050 Permit application.
9.70.055 Insurance required for certain events.
9.70.060 Standards for issuance or denial of permit.
9.70.070 Notice of granting, denial or variance.
9.70.080 Appeal procedure.
9.70.090 Modification or revocation of permit— Emergency.
9.70.010 Parade and special event permits — Definitions.
Wherever used in this chapter, the following words shall have the following meanings:
A. "Parade" means any march or procession consisting of people, animals or
vehicles, or combinations thereof, except funeral processions, upon any public street,
sidewalk or alley, which does not comply with the normal and usual traffic regulations or
controls.
B. "Special event" means any activity which occurs on public property or public right -
of -way which affects the ordinary use of public streets, rights -of -way or sidewalks. This
includes, but is not limited to, fairs, foot races, bicycle races, and block parties. Private
social gatherings which make no use of public streets other than for lawful parking are
not included. (Ord. 95-4 § 2, 1995: Ord. 3356 § 2 (part), 1991: Ord. 2735 § 2 (part),
1983).
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9.70.020 Permits required.
It is unlawful for any person to conduct a parade upon any public street, sidewalk or
alley, or to hold a special event, or to knowingly participate in any such parade or special
event, unless a permit has been granted by the chief of police or by appeal to the city
manager as provided in this chapter. Any march, procession or picket line which
complies with all normal and usual traffic regulations and controls does not require a
parade permit. (Ord. 95-4 § 3, 1995: Ord. 3356 § 2 (part), 1991: Ord. 2735 § 2 (part),
1983).
9.70.030 Offenses.
A. It is unlawful for any person to knowingly join or participate in any parade or
special event conducted in violation of any term of any permit granted by this chapter.
B. It is unlawful for any person to intentionally obstruct or interfere with the orderly
progress or conduct of a parade or special event conducted by virtue of a permit issued
pursuant to this section. (Ord. 3356 § 2 (part), 1991: Ord. 2735 § 2 (part), 1983).
9.70.040 Civil penalty.
In addition to and concurrent with any other penalty provided by law, a person who
violates Section 9.70.020 or Section 9.70.030(A) or (B) of this code, is subject to
assessment of a civil penalty in the amount of twenty dollars, to be determined by the
chief of police. The substance of the violation, including date, place, time, and description
of violative conduct, shall be stated in a notice either personally served upon the violator
or sent to the violator's last known address, by certified mail, restricted to delivery to the
violator only.
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Chapter 9.70 PARADE AND SPECIAL EVENT PERMITS Page 2 of 4
An appeal may be filed by the violator with the Yakima County District Court within
® thirty days of the violator's receipt of the civil penalty notice, as shown by the date of
signature of the violator on the return receipt of the certified mail. The civil penalty notice
shall advise the violator of the right to appeal and procedure. (Ord. 3356 § 2 (part), 1991:
Ord. 2735 § 2 (part), 1983).
9.70.050 Permit application.
Applications for a parade or special event permit should be made thirty days in
advance, but in any event shall be made in writing to the chief of police at least fourteen
days in advance of the date of such parade or special event; provided, however, the chief
of police may reduce or waive such time limitation if, at the time the application is
submitted, the chief of police anticipates being able to make reasonable preparations
within Tess time than fourteen days. Application for the permit shall be made in writing on
a form approved by the chief of police and shall contain:
A. The name, address and telephone number of the applicant; name, address and
telephone number of the sponsoring organization; name, address and telephone number
of any persons having charge or control of such parade or special event; and
B. The purpose of such parade or special event, the date when it is proposed to be
conducted, the expected number of participants, the location of assembly and
disassembly of a parade, the location and extent of public right -of -way or public property
to be used or affected in a special event, route to be traveled and the approximate time
when the proposed parade or special event will assemble, start and terminate; and
1. For parades: a description of the type and number of individual floats, marching
units, vehicles, animals and bands, including description of any sound amplification
equipment to be used; and
S 2. For special events: the dimensions and plans for any structure (including, but not
limited to, any building, fence, barriers, bleachers, stalls, portable toilets, tent or canopy)
to be erected in connection with the event;
C. A statement that the applicant shall defend, indemnify, and otherwise hold
harmless the city of Yakima, its officers, employees, and agents from any and all claims
or liability arising from the city's grant of permission for, or the actual conduct of, the
parade or special event;
D. A statement that the applicant shall file prior to the day of a special event involving
participation of persons in games or races involving physical effort, a signed document
from each participant waiving any and all liability against the city of Yakima, its officers,
agents, and employees arising from the event, which agreement shall be in language
approved by the city attorney;
E. If alcoholic beverages are to be dispensed, evidence of a permit issued by the
State Liquor Control Board;'
F. When application is made for a block party involving closure of a street, such
closure shall not be for more than one city block, nor for more than four hours, ending no
later than ten p.m. The application shall contain an agreement to such conditions by all
residents of the block proposed for closure;
G. Such other information as the chief of police may deem necessary to provide for
the safe and free flow of traffic. (Ord. 95 -4 § 4, 1995: Ord. 3356 § 2 (part), 1991: Ord.
2735 § 2 (part), 1983).
9.70.055 Insurance required for certain events.
In addition to any other requirement(s) imposed by this chapter, any parade or special
event involving participation of persons in games or races involving physical effort; or
411 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 shall:
A. No later than two weeks prior to the event, file with the chief of police evidence of
liability insurance coverage, for review by the city attorney, with the city of Yakima, its
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Chapter 9.70 PARADE AND SPECIAL EVENT PERMITS _ Page 3 of 4
officers, employees, and agents named as additional insured parties and affording
death, personal injury, and property damage liability coverage in an amount not less than
one million dollars. Additional endorsements for host liquor liability and /or products
liability may be required, in the event food, beverages and /or alcoholic beverages are to
be dispensed.
B. Provide a signed statement that the applicant shall pay the costs of services
which the city of Yakima is required to perform by reason of management of street use of
the parade or special event, including but not limited to, cleanup.
Upon completion of the parade or special event, the chief of police shall compile a
statement of account which shall be mailed to the responsible party, payable within thirty
days.
C. Waiver or Reduction of Required Limits. The chief of police may waive or reduce
the insurance requirements in subsection A of this section under the following conditions:
1. The applicant or an officer of the sponsoring organization signs a verified
statement that he believes the event's purpose is First Amendment expression, and that
the cost of obtaining insurance is so financially burdensome to that applicant that it would
constitute an unreasonable burden on the right of the First Amendment expression. The
statement shall include the name and address of two insurance agents or other source of
insurance coverage contacted to determine insurance premium rates for insurance
coverage; or
2. The applicant or an officer of the sponsoring organization signs a verified
statement that insurance coverage in the limits required is impossible to obtain. The
statement shall include the name and address of two insurance agents or other source of
insurance coverage contacted; or
3. The city attorney determines that the insurance limits are in excess of the
reasonable risk presented by the proposed special event. (Ord. 95-4 § 5, 1995).
9.70.060 Standards for issuance or denial of permit.
A. Standards for Issuance of Permit. Subject to the provisions of subsections B and
C of this section, the chief of police shall issue a parade or special event permit to any
applicant who complies with the requirements of Sections 9.70.040 and 9.70.055 of this
chapter, the issuance of which permit shall be conditioned upon the applicant's written
agreement to comply with the terms of the permit and all other applicable laws. The chief
of police is authorized to close streets, alleys and sidewalks as are reasonably necessary
to accomplish the purpose of a special event or parade but which would not endanger or
unreasonably inconvenience the public.
B. Variances. Pursuant to a proper application being made for a parade permit, the
chief of police may issue a permit which varies from the terms of the application
pertaining to the time, place, line of march, duration, manner of using streets, alleys and
sidewalks, and assembly and disassembly, all as the chief may deem necessary
because of traffic conditions, the physical condition of the proposed route of the parade
or event site, or the prior issuance of a permit for a parade or special event which may
conflict with that for which application is made.
C. Standards for Denial. The chief of police shall deny an application for a parade or
special event permit if:
1. Any applicant fails or refuses to comply with any provisions of this section, or
refuses to agree to abide by or comply with all the terms or conditions of the permits; or
2. The information in the application is found to be false or nonexistent in any
material detail; or
3. The chief of police finds that there exists a clear and present danger of riot or civil
disorder in connection with the parade or special event for which the permit is sought; or
4. The special event will more probably than not unreasonably interfere with
411
vehicular or pedestrian traffic flow; or
5. The parade will more probably than not create an unmitigatable danger to
vehicular or pedestrian traffic. (Ord. 95-4 § 6, 1995: Ord. 3356 § 2 (part), 1991: Ord.
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Chapter 9.70 PARADE AND SPECIAL EVENT PERMITS Page 4 of 4
2735 § 2 (part), 1983).
9.70.070 Notice of granting, denial or variance.
Within seven days after an application has been made for a parade or special event
permit, the chief of police shall notify the applicant in writing by certified mail with return
receipt requested, or by personal delivery, of the granting of the permit and of any terms
. of the permit which may vary from the request of the application, or of the denial of such
permit and the reasons therefor. The notification given pursuant to this section shall
include a statement of the applicant's right of appeal and an explanation of the appeal
procedure provided_in Sections 9.70.070 and 9.70.080 of this chapter. (Ord. 3356 § 2
(part), 1991: Ord. 2735 § 2 (part), 1983).
9.70.080 Appeal procedure.
Upon denial by the chief of police of a parade or special event permit application, or
upon the issuance of a permit which varies in its terms from the application, the applicant
may appeal that action to the city manager or his designee by filing with the chief of
police or his agent a written notice of appeal within five days after personal delivery or
mailing of the notice by the chief of police, as provided in Section 9.70.060 of this
chapter. The notice of appeal shall contain the name and address of the applicant,
together with a short written statement of the grounds for appeal.
The city manager or his designate shall conduct a hearing and, based upon the
standards contained in Section 9.70.060 of this chapter, may reverse, affirm or modify
the action of the chief of police from which the appeal was taken. Such hearing shall be
held no later than five days prior to the date requested for the parade or special event.
Notice of the date, time, and place of such hearing at which the appeal will be heard shall
be given in writing by personal delivery or certified mail with return receipt requested to
the applicant no less than five days prior to the time of that hearing. In the event the chief
of police lessens or waives the thirty-day period mentioned in Section 9.70.040 of this
chapter, notices and hearings provided in this section shall be given as quickly as
possible in the discretion of the police chief, but in no event shall notice of a hearing be
less than twenty -four hours. (Ord. 3356 § 2 (part), 1991: Ord. 2888 § 3, 1985: Ord. 2735
§ 2 (part), 1983).
9.70.090 Modification or revocation of permit—Emergency.
Any permit for a parade or special event issued pursuant to this section may be
summarily revoked, or the terms thereof modified, by the chief of police at any time when
by reason of disaster, public calamity, riot or other emergency, the chief of police
determines that the safety of the general public or parade or special event participants
required such modification or revocation. Prompt notice of such action modifying or
revoking a permit shall be delivered in writing to the permittee by personal service or by
certified mail with return receipt requested. (Ord. 3356 § 2 (part), 1991: Ord. 2735 § 2
(part), 1983).
This page of the Yakima Municipal Code is current through City Website: http: / /www.ci.yakima.wa.us/
Ordinance 2008 -58, passed December 9, 2008. City Telephone: (509) 575 -6037
Disclaimer: The City Clerk's Office has the official version of the Code Publishing Company
Yakima Municipal Code. Users should contact the City Clerk's Email: cpc @codepublishing.com
{ - Office-for ordinances passed subsequent to the ordinance cited
above.
Click here to link to recently enacted ordinances not yet codified.
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