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HomeMy WebLinkAboutORD 5546CITY OF RENTON, WASHINGTON ORDINANCE NO. 5546 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING TITLE V (FINANCE AND BUSINESS REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", BY ADDING A NEW CHAPTER 22, SPECIAL EVENT PERMITS, TO PROVIDE FOR THE ISSUANCE OF PERMITS TO REGULATE SPECIAL EVENTS, AND ESTABLISHING PENALTIES. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Title V (Finance and Business Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to add a new chapter 22, Special Event Permits, to read as follows: CHAPTER 22 SPECIAL EVENT PERMITS SECTIO 5-22-1 5-22-2 5-22-3 5-22-4 5-22-5 5-22-6 5-22-7 5-22-8 5-22-9 N: Purpose and Intent Definitions Special Events Committee Permit Required Application Conditions of Approval Appeal Procedure Indemnification Agreement Insurance 5-22-10 5-22-11 5-22-12 5-22-13 5-22-14 Cost Recovery for Special Events Cleaning and Restoration Deposit Revocation of Permits Violation - Penaltv Savings Clause ORDINANCE NO. 5546 5-22-1 PURPOSE AND INTENT: A^ To provide for the issuance of special event permits to regulate events on the public streets and public property of the City, and private property where the event has potential to substantially impact traffic or public services; and IL, To provide for fees, charges, and procedures in order to recoup costs associated with the event and administration of the permit process. 5-22-2 DEFINITIONS: APPLICANT: The authorized agent of the organizer who completes the application and acts as primary contact for the special event. EVENT PARTICIPANT: A person in attendance at an event, including spectators, vendors, event staff, and City staff. PARADE: Any organized group marching or in a procession, whether on foot, animal, or vehicle. PERMIT: Written governmental permission issued by an authorized official, empowering the holder thereof to do some act not forbidden by law but not allowed without such authorization. PRIVATE EVENT: An event which uses public property or the public right-of- way for the purpose of monetary or personal gain by any person, partnership, group, organization, company, or corporation or which is closed to the general public or on private property where the event has potential to substantially impact traffic or public services. ORDINANCE NO. 5546 PUBLIC EVENT: An event which is open to the public and does not meet the definition of private event. SPECIAL EVENT: Any function or gathering that is to be conducted on public property, on public right-of-ways, or on private property that will generate or invite considerable public participation and/or spectators, and may have an impact on transportation, public services or public safety, for a particular and limited purpose and time. Including but not limited to: A. Fun runs, roadway foot races, fundraising walks, auctions, bike-a-thons, car shows, parades, carnivals, shows or exhibitions, filming/movies, circuses, block parties, and fairs. Bi Planned events in a park or other public place if the event use requires or organizer requests the City to provide any public services in addition to those that would normally be provided in the absence of the event. C Any event held on private property that would have a direct substantial impact on traffic congestion or traffic flow to and from the event over public streets or right-of-ways near the event, or that would substantially impact the need for City-provided emergency services such as police, fire, or medical aid. D. Events on private property involving an open invitation to the public to attend or events where the attendance is by private invitation and is expected to have occupant load exceeding three hundred (300) in a location that does not have a place of assembly permit and is presumed to be an event that will have a ORDINANCE NO. 5546 direct substantial impact on the public streets, right-of-ways or emergency services. E. Events involving political or religious activity intended primarily for the communication or expression of ideas. SUBSTANTIAL IMPACT: An outcome indicated when an event would preclude in whole or in significant part the public's normal and customary use of a park, public place, public sidewalk, driveway or roadway. SUBSTANTIAL PUBLIC SERVICES: A material increase in the amount, scope or level of necessary fire, police, traffic control, crowd control, or other public resources above those that would normally be required without the event. With respect to police resources, "substantial public services" means resources for crowd management or traffic control required for the event. It also includes instances where Fire and Emergency Services Department personnel are impacted by the volume of participants, or when environmental conditions are such that the impact to the crowds would be anticipated and that these conditions would reduce the effectiveness of on duty personnel requiring the recall of sufficient personnel to assist the participants as well as maintaining the required level of service to the City. USE: To construct, erect, or maintain in, on, over or under any street, right- of-way, park or other public place, building, structure, sign, equipment or scaffolding, or to alter any public right-of-way by painting, spraying or writing on the surface thereof, or to otherwise occupy in such a manner as to obstruct the ORDINANCE NO. 5546 normal public use of any public street, right-of-way, park or other public place within the City, including a use related to special events. 5-22-3 SPECIAL EVENTS COMMITTEE: A^ The Special Events Committee may consist of representatives from City departments and/or other agencies and be under the lead of the Community Services Department Administrator or designee. JL, The Special Events Committee is responsible for: 1. Determining whether an event requires a special event permit pursuant to the guidelines established in this chapter. 2. Establishing terms and conditions and appropriate fees. 3± Approving, approving with conditions or denying the permits. 4i Granting or granting with conditions, an exemption to the noise level regulations set forth in RMC 8-7 if the Committee determines that the special event is an event open to the general public and that the use of sound amplification equipment will not endanger the public's health, safety or property. 5^ Granting, or granting with conditions, an exemption to any of the business license regulations set forth in RMC 5-5 if the Committee determines that any of the activities associated with and sponsored by the special event are in conformance with all other applicable City regulations related to zoning, safety and property. ORDINANCE NO. 5546 5-22-4 PERMIT REQUIRED: A. A special event permit is required for any special event as defined in this chapter. Either a special event permit or authorization shall be required in addition to any street or park use permit, or other regular permits as may be required by ordinance. B. Exemptions: A special event permit is not required for the following: L Parades, athletic events, or other special events that occur exclusively on City property and are conducted in full by the City of Renton. 2. Park facility rentals meeting rental requirements. 3^ Funeral procession by a licensed mortuary. 4_i Gatherings of fifty (50) or fewer people in a City park, unless merchandise or services are offered for sale or trade. 5^ Temporary and seasonal sales conducted by businesses, such as holiday sales, grand opening sales, or anniversary sales. 6. Garage sales and rummage sales. 7. The Community Services Department Administrator or designee may authorize other exemptions where the proposed event meets the purpose and intent of this chapter without requiring additional project conditions or charges. Such exemptions may include minor events with limited or no impacts to traffic or public services, such as small filming events. ORDINANCE NO. 5546 5-22-5 APPLICATION: A. Applications for a special event permit must be filed with the City at least ninety (90) days prior to the date(s) on which the event is to occur. B. When a special event permit is required, the Special Events Committee shall advise the organizer of all other City permits that appear to be required for the event based on information contained in the application and assist the organizer in contacting other departments to apply for all other permits in a timely manner. C Complete Applications - Form and Content: The Community Services Department shall prescribe the form and content for complete applications made pursuant to this chapter. The requirements shall be made available to the public in a form that clearly explains what material must be submitted for an application to be considered complete. Certain submittal requirements may be waived by the Administrator or designee, if the applicant can demonstrate that normally required information is not relevant to the proposed action and is not required to show that an application complies with applicable City codes and regulations. D. Waiver of Application Deadline: Upon a showing of good cause or at the discretion of the Special Events Committee, the Committee shall consider an application that is filed after the filing deadline if there is sufficient time to process and investigate the application and obtain police and other City services for the event. Good cause can be demonstrated by the applicant showing that ORDINANCE NO. 5546 the circumstance that gave rise to the permit application did not reasonably allow the participants to file within the time prescribed, and/or the event is for the purpose of exercising rights under the First and/or Fourteenth Amendments of the United States Constitution. L Date of Special Event Not Confirmed Until Notice of Confirmation Issued: Notwithstanding the acceptance of a completed application, the date of the event shall not be considered confirmed until the Special Event Committee issues a written notice of confirmation or a special event permit. F. Decision Criteria - Approval or Approval With Conditions: The City may approve or approve with conditions the special event permit based on consideration of any one or any combination of the following factors: L The special event will not be materially detrimental to the public health, safety, or welfare nor injurious to property or improvements in the vicinity of the special event; or 2. Adequate parking facilities and vehicle ingress, and egress will be provided to serve the special event and any existing uses on the site; or 3. Hours of operation of the special event are specified, and will not adversely impact surrounding uses; or 4_i The special event will not cause noise, light, or glare that would materially impact surrounding uses; or jx The applicant has obtained all other applicable permits, including required right-of-way use permits. ORDINANCE NO. 5546 G_. Decision Criteria - Denial: The City may deny the special event permit based on consideration of any one or any combination of the following factors: ii The applicant provides materially false or misleading information, fails to complete the application or to supply other required information or documents; or Z The applicant is unable to comply with the requisite terms and conditions to obtain the permit; or 3. The proposed event conflicts with another previously scheduled event or condition; or 4. The proposed event would unreasonably disrupt the orderly or safe circulation of traffic or would present an unreasonable risk of injury or damage to the public or property. 5-22-6 CONDITIONS OF APPROVAL: A. The Special Events Committee may include as part of the special event permit, among other provisions, 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 provide for the control of traffic. Conditions shall be based upon projected impacts on public safety, public places and public services, but shall not be based upon the programming content of the event or message that the proposed event may convey or any other valid expression of rights under the First and Fourteenth Amendments. EL The following types of conditions apply to all special event permits: ORDINANCE NO. 5546 L Conditions concerning the time, place, and manner of the event proposed on the event application, including provisions for extensions of the permit; and 2. Conditions concerning the area of assembly and disbanding of an event; and 3. Conditions concerning accommodation of pedestrian or vehicular traffic, including restricting the event to only a portion of the street or rights-of- way. C Other conditions that may apply to special event permits include, but are not limited to: !i Compliance with City traffic control plans and requirements for the use and rental of traffic cones, barricades, flaggers, or other requirements as identified. 2. Compliance with health and sanitary regulations. 3. Plan for emergency treatment and evacuation of people who may need such services, emergency communication, compliance with fire regulations concerning fire suppression equipment within structures and maintenance of unobstructed emergency passageways. 4. Requirements for use of event monitors and providing notice of permit conditions to event participants. 5. Restrictions on the number and types of vehicles, animals or structures at the event. 10 ORDINANCE NO. 5546 6_. Inspection and approval of floats, structures, and decorated vehicles for fire safety. L Requirements related to animal protection. 8. Requirements for use of separate garbage and recycling containers, cleanup, and restoration of City property. 9. Restrictions on the use of amplified sound and compliance with noise ordinances, regulations and laws. 10. Notice to residents and/or businesses regarding any activity that would require a whole or partial street closure, including single-lane closures. 11. Restrictions on the sale and/or consumption of alcohol. 12. Elimination of an activity that cannot be mitigated to ensure public safety and welfare, or that causes property damage or undue liability to the City. 13. Requirements regarding the use of City personnel and equipment. 14. Requirement for provision of a plan for parking, car pooling, or use of public transportation. 5-22-7 APPEAL PROCEDURE: A. An applicant may appeal the denial of a permit or any permit condition, bv filing a written notice of appeal, accompanied by a fee of two hundred fifty dollars ($250) to the City Clerk within fourteen (14) days of the decision. B. The notice of appeal shall specify the grounds for the appeal and applicant may attach any relevant documents in support of the appeal. 11 ORDINANCE NO. 5546 C An appeal under this Chapter shall be conducted by the Community Services Department Administrator or designee, who will issue a written decision regarding the appeal within ten (10) days. D. The Administrator's decision may then be appealed to the City of Renton's Chief Administrative Officer or designee. No new or additional evidence or testimony shall be accepted by the Chief Administrative Officer in this appeal. The Chief Administrative Officer shall give substantial weight to the decision made by the Community Services Department Administrator or designee. 5-22-8 INDEMNIFICATION AGREEMENT: Prior to the issuance of a special event permit, the City shall require the Applicant to execute a hold harmless and indemnity agreement and any other necessary waivers with the City. Applicant must further agree to reimburse the City for any costs incurred by it to repair damage to City property caused by Applicant's special event. 5-22-9 INSURANCE: A, The following insurance shall be required in connection with the issuance of a permit for a special event: one million dollars ($1,000,000) commercial general liability insurance per occurrence; combined single limits. Two million dollars ($2,000,000) aggregate, unless waived or modified by the City. B. The City Risk Manager is authorized and directed to require written proof of such insurance prior to permit issuance. The insurance policy shall be written 12 ORDINANCE NO. 5546 on an occurrence basis, shall name the City as an additional insured on a non- contributory primary basis, shall be written for a period not less than twenty- four (24) hours prior to the event and extending for a period not less than twenty-four (24) hours following the completion of the event. C. The City reserves the right to require other forms of insurance in addition to the commercial general liability, if the City Risk Manager determines that such additional form of insurance is necessary for the particular type of event. 5-22-10 COST RECOVERY FOR SPECIAL EVENTS: A. A Special Event Application fee of fifty dollars ($50) per event is to be paid to the City of Renton at the time of application. This fee may be waived if the applicant can show that the proposed event is in accordance with exercising rights under the First and/or Fourteenth Amendments of the United States Constitution. B^ Prior to the issuance of the special event permit the applicant will be provided an estimate for the cost of any necessary City personnel and/or equipment. Applicant may be required to provide a deposit to cover the anticipated costs. City services and equipment may include the use of police officers and public employees for traffic and crowd control, police, extraordinary street sweeping, and any other needed, requested or required city service and the cost of operating the equipment to provide such services. These fees may be in addition to other permit fees that may be required. A special event permit will be issued 13 ORDINANCE NO. 5546 when all fees have been paid and other permit obligations have been met unless otherwise provided in the conditions of approval. C If the actual cost for City services and equipment on the date(s) of the event is less than the estimated cost, the applicant will be refunded the difference by the City in a timely manner. If the actual cost for City services and equipment on the date(s) of the event is greater than the estimated cost, the applicant will be billed for the difference. 5-22-11 CLEANING AND RESTORATION DEPOSIT: The applicant may be required to provide a cleaning and restoration deposit prior to the issuance of a special event permit. The cleaning and restoration deposit will be refunded after the event if the area used for the permitted event has been cleaned and restored to the same condition as existed prior to the event. If the property used for the event has not been properly cleaned or restored, the applicant shall be billed for the actual cost by the City for cleaning and restoration. The cleaning and restoration deposit shall be applied toward the payment of the City's actual cost for cleaning and restoration. 5-22-12 REVOCATION OF PERMITS: Any permit issued under this ordinance may be revoked by the City at any time if, by reason of disaster, public calamity, riot or other emergency or exigent circumstances, the City determines the safety of the public or property requires such immediate revocation. The City may also revoke any permit issued pursuant 14 ORDINANCE NO. 5546 to this ordinance if the Special Event Committee finds that the permit has been issued based upon materially false information or if the event exceeds the scope of the permit or fails to comply with any condition of the permit. 5-22-13 VIOLATION - PENALTY: Failure to abide by any and all requisite conditions set forth in this chapter shall be an infraction subject to penalties and conditions of RMC 1-3-2. 5-22-14 SAVINGS CLAUSE: If any part or portion of this chapter is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. SECTION II. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this 28th day of. June ., 2010. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this 28th day of June , 2010. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: 7/2/2010 (summary) ORD:1628:6/22/10:scr 15