HomeMy WebLinkAbout6557 ORDINANCE NO. 6 5 5 7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, CREATING A NEW
CHAPTER 2.23 TO THE CITY CODE ENTITLED
SPECIAL EVENT PERMITS, AND AMENDING
SECTION 8.28.010 OF THE CITY CODE RELATING TO
SPECIAL EVENT PERMITS
WHEREAS, the City of Auburn periodically has persons or organizations
interested in hos4ing or participating in special events that may utilize City streets and
public properties; and
WHEREAS, such evenfs could impact City services and traffic along City streets;
and �
WHEREAS, in order to accommodate the interests of such persons and/or
organizations wishing to host or particip.ate in such special events, it is appropriate to
regulate them so as to address impacts to City traffic, City services and City property.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows
Sec4ion 1. New Chaater to_Ciri Code. That a new chapter 2.23 of the
City Code is hereby created, entitled Special Event Permits, to read as follows:
CHAPTER 2.23
SPECIAL EVENT PERMITS
SECTION:
2.23.010 Purpose and Intent.
2.23.020 Definitions.
2.23.030 Staff Review.
2.23.040 Permit Required.
2.23.050 Application,
2.23.060 Cost Recovery for Special Events.
2.23.070 Conditions of Approval.
2.23.080 Indemnification Agreement.
2.23.090 Insurance.
2.23.100 Cleaning and Restoration Deposit.
2.23.110 Appeal Procedure.
Ordinance No. 6557
June 1, 2015
Page 1
2.23.120 Revocation of Permits.
2.23.130 Violation — Penalty.
2.23.010 Purpose and Intent. The purpose and intent of this chapter shall be
to:
A. Provide for the issuance of special event permits to regulate events
on 4he public streets and public property of the city, and private property where
the event has potential to substantially impact traffic or public services; and
B. Provide for fees, charges, and procedures in order to recoup costs
associated with the event and administration of the permit process.
2.23.020 Definitions. The following defnitions shall apply to this chapter of
the city code:
A. Applicant: The autho�ized agent of the organizer who completes the
application and acts as primary contact for fhe special event.
B. Event Participant: A person in attendance at an event, including
spectators, vendors, event staff, and city staff.
C. Parade: Any organized group marching or in a procession, whether
on foot, animal, or vehicle.
D. Permit: Wr'itten 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.
E. 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, organiza4ion, 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.
F. Public Event: An event which is open to the public and does not
meet the defini4ion of private event:
G. 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:
1. Fun runs, roadway foot races, fundraising walks, bike-a-thons, car
shows, parades, carnivals, shows or exhibitions, filming/movies, circuses, block
parties, auctions and fairs.
2. 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.
3. Events on private property involving an open invitation to the public
to attend or events where the attendance is by private invitation and is expe.cted
to have occupant load exceeding three hundred (300) is presumed to be an
event that will have a direct substantial impact on the public streets, right-of-ways
or emergency services, and the city reserves the right to req"uire other permits
Ordinance No. 6557
June 1, 2015
Page 2
and/or compliance with additional requirements, inclucJing but not limited to
occupancy limits and requirements of building, fire, and health and safety codes,
to insure that fhe impacts on the public streets, right-of-ways or emergency
services are adequately addressed.
4. E4ents involving political or religious ac4ivity intended primarily for
the communication or expression of ideas.
H. Substantial Impact: An outcome indicated when an event would
preclude in whole or in signifcant part the public's normal and customary use of a
park, public place, public sidewalk, driveway or roadway.
I. Substantial Public Services: A material increase in the amount,
scope or level of necessary fire, police, 4raffic 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 senrices department personnel are
impacted by #he volume of parEicipants, or when environmental conditions are
such 4hat the impact to the crowds would be anticipated and that these conditions
would reduce the effectiveness of on duty personnel requiring 4he recall of
sufficient personnel to assist the participants as well as maintaining the required
level of service to the city.
J. 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 pain4ing, spraying
or writing on the surFace thereof, or to otherwise occupy in such a manner as to
obstruct the normal public use of any public street, right-of-way, park or other
public place wi4hin the city, including a use related to special events.
2.23.030 Staff Review.
A. The mayor shall direct directors and representatives of various
departments of the city whose departments may by inyolved in or whose
operations and functions may be impacted by special events to serve as a staff
review committee, for the purpose of ineeting and reviewing proposals for
events. The mayor may, on occasion and in his/her discretion, include,
representa4ives from other agencies, entities and organizations in the staff review
committee. The mayor or designee shall lead and preside over meetings of the
committee.
B. The staff review committee shall be responsible for:
1. Determining whether an event requires a special evenf permit
pursuant to the guidelines established in this chapter.
2. Establishing terrims and condi4ions and appropriate fees.
3. Approving, approving with conditions ordenying the permits.
4. Determining whether a business license is required under title 5 of
the city code, and if so determining whether an exemption from business license
requirements should be granted for the special event.
Ordinance No. 6557
June 1, 2015
Page 3
5. Deterrimining if any of the activities planned for or associated with
the special event are ouYof compliance with or in conflict with any applicable city
code, policy or regulations, including, but not limited to zoning, safety and
property issues.
2.23.040 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 o� park use permit, or other regular permits as may be
required by o�dinance.
B. Exemptions: a special event permit is not required for the following`
1. Parades, athletic events, or other special events that occur
exclusively on city property and are conducted in full by the city of aubum.
2. Park facility rentals meeting rental requirements.
3. Funeral procession by a licensed mortuary.
4. Gatherings of frfty (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 director of administration or designee may authorize o4her
exemptions where the p.roposed 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 tra�c or
public services, such as small filming events.
C. The Exemptions of paragraph B, above, apply to Special Event
Permits only, and do not exempt activities or events from any permit
requirements that may otherwise apply to such activities o.r eyents.
2.23.050 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. The staff
review committee shall endeavor to process and review the application in a
prompt and timely manner, and shall endeavor to keep the applicant informed of
the process thereof.
B. When a special event permit is required, a representative of the
staff review committee shall advise the organizer of all other city permits that
appear to be required for the event based on info�mation contained in 4he
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 director of
administration or designee shall prescribe the forRm 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
Ordinance No. 6557
June 1, 2015
Page 4
requirements may be waived by the director of administration 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 staff review 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 demonstrafed by the applicant showing that 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.
E. Date of Special Event Not Confirmed Until Notice of Confirrimation
Issued: Notwithstanding the acceptance of a completed application. The date of
the event shall not be considered confirmed until the staff review 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:
1. The special e4ent will not be materially detrimental to 4he public
health, safety, or welfare nor injurious to property or improvements in the vicinity
of the spec'ial event; or
2. Adequate parking facilities and vehicle ing�ess, and egress w'ill 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. The special event will not cause noise, light, or glare that would
materially impact surrounding uses; or
5. The applicant has obtained all other applicable permits, including
required right-of-way use permits.
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:
1. The applicant provides materially false or misleading information,
fails to complete the application or to supply other required information or
documents; or
2. The applicant is unable to comply wifh 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 wbuld present an unreasonable risk of injury or damage to
the public or property; or
Ordinance No. 6557
June 1, 2015
Page 5
5. There is not sufficienYsafety personnel or other necessary City staff
to accommodate the event.
2.23.060 Cost Recovery for Special Events.
A. Prior to 4he issuance of a special event permit the applicant will be
provided an estimate for the cost of any necessary Citq personnel and/or
equipment. The 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 when all fees have been paid and other permit obligations have been
met unless otherwise provided in the conditions of approval.
B. If 4he 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.
2.23.070 Conditions of Approval.
A. The staff review committee may include as part of the special event
permit, among other provisions, reasonable requirements concerning the time,
place and manner of fhe 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 frst and fourteenth amendments.
B. The following types of conditions apply to all"special event permits:
1. Conditions concerning the time, place, and manner of the event
proposed on the event applica4ion, including provisions for extensions of the
permit: and
2. Conditions concerning the area of assembly and disbanding of an
event: and
3. Condi4ions concerning accommodation of pedestrian or vehicular
tra�c, including restricting the event to only a portion of the sfreet or right-of-way.
C. Other conditions that may apply to special event p.ermits include,
but are not limited to:
1. Compliance with city traffc control plans and recjuirements 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
Ordinance No. 6557 �
June 1, 2015
Page 6
concerning fire suppression equipment within structures and maintenance of
unobsfructed 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
structu�es at the event.
6. Inspection and approval of floats, structures, and decorated
vehicles for fire safety.
7. Requirements related to ariimal protection.
8: Requirements for use of separate garbage and recycling
containers, cleanup, and restoration of city property.
9. Restric4ions on the use of amplified sound and compliance with
noise ordinance.s, regulations and laws:
10. Notice to residenfs and/or businesses regarding any activity that
would require a whole or partial street closure, including single lane closures.
11. Restrictions on 4he 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.
2.23.080 Indemn�cation Agreement.
Prior to the issuance of a special event permit, the city shall require the
applicant to eicecute a hold harmless and indemnity agreement and ariy other
necessary waivers with the city. The applicant must further agree to reimburse
the city for any co.sts incurred by it to repair damage to city property caused by
applicanYs special event.
2.23.090 Insurance.
A. The following insurance shall be recjuired in connection w'ith 4he
issuance of a permit for a special eVent: one million dollars ($1.000.000.00)
commercial general liability insurance per occurrence; combined single limits,
two million dollars ($2,000,000.00) aggregate, unless waived or modified by the
city.
B. The city's director of risk management is authorized and directed to
require written proof of such insurance prior to permit issuance. The insurance
policy shall be written on an occurrence basis, shall riame 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 lessthan twenty-four (24) hours following the completion of the event.
C. The city reserves the right to require other forms of insu�ance in
addition to the commercial general liability, if the city risk manager determines
4hat such additional form of insurance is necessary for the particular type of
event.
Ordinance No. 6557
June 1, 2015
Page 7
2.23.100 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
resforation deposit will be refunded after the event. If the area used for the
permitteii event has been cleaned and restored to the same condition as existed
prior to the event.
If the prope.rty used for the event has not been properly cleaned or
restored, the applicant shall be billed for the actual cost by fhe city for cleaning
and restoration. The cleaning and restora4ion deposit shall be applied toward the
payment of the city's actual cost for cleaning and restoration.
2.23.110 Appeal Procedure.
A. An applicant may appeal the denial of a permit or any permit
condition, by filing a written notice of appeal, accompanied by a fee of iwo
hundred fifty dollars ($250.00) to the city clerk within fourteen (14) days of the
decision.
B. The notice of appeal shall specify fhe grounds for the appeal and
applicant may attach any relevant documents in support of the appeal:
C. An appeal under this chapter shall be conducted by the director of
adminis4ration or designee, who will issue a written decision regarding the appeal
within ten (10) days.
D. The direcfor of administra4ion's or designee's dec.ision may then be
appealed fo the mayor or designee. No new or additional evidence or testimony
shall be accepted by the director of administration or designee in this appeal. The
mayor or designee shall give substantial weight to the decision made by the
director of administration or desighee.
2.23.120 Revocation of Permits.
Any permit lssued under this ordinance may be revoked by the city at any
time if, by reason of disaster, public calamity, riot or other emergency or ezigent
circumstances, the city determines fhe safety of the public or property requires
such immediate revocation. The city may also revoke any permit issued pursuant
to this ordinance if the staff review 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 wi4h any condition of the permit.
2.23.130 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 chapter 1.25 of the
city code.
Ordinance No. 6557
June 1, 2015
Page 8
Section 2. Amendment to Citv Code. That a Section 8.28.010 of the
City Code is hereby amended, to read as follows:
8.28.010 Noise control.
A. General Prohibi4ion. It is unlawful for any person to cause, or for
any person who owns or occupies property to allow to originate from the
prope,rty, sound that. is a public disturbance noise.
B. Public Disturbances. The following sounds are public disturbance
noises in violation of this chapter:
1. The frequent, repetitive or continuous sounding of any horn or siren
attached to a motor vehicfe, except as a warning of danger or as specifically
permitted or required by law;
2. The creation of frequent, repetitive or continuous sounds in
connection with 4he starting, operation, repair, rebuilding or testing of any motor
vehicle, motorcycle, off-highway vehicle or internal combustion engine within a
re.sidential district, so as to unreasonably disturb or interfere with fhe peace and
comfort of owners or occupants of real property;
3. Yelling, shouting, whistling or singing on or near public streets,
particularly between the hours of 10:00 p.m. and 8:00 a.m. or at any time and
place as to unreasonably disturb or interfere virith the peace and comfort of
owners or occupants of real property;
4. The creation of frequent, repetifive or continuous sounds which
emanate from any building, structure, apartment or condominium, which
unreasonably disturb or interfere with the peace and comfort of owners or
occ.upants of real property, such as sou"nds from musical instruments, audio
sound systems, band sessions or social gatherings;
5. Sound from motor vehicle audio sound systems, such as tape
players, radios and compact disc players, operated at a volume so as to be
audible greater than 50 feet from the vehicle itself;
6. Sound from portable audio equipment, such as tape players, radios
and compact disc players, operated at a volume so as to be audible greater than
50 feet from the source and not operated upon the property of the operator, and
if operate.d on the p.roperty of the operator, then so as to be audible g�eater than
50 feet from the boundary of the property;
7. The squealing, screeching or other such sounds from motor vehicle
tires in contact wi4h the ground or other roadway surface because of rapid
acceleration, braking or excessive speed around corners or because of such
other reason; provided, that sounds which result from actions which are
necessary to avoid danger shall be exempt from this section;
8. Construction noise shall be regulated as follows:
a, Except as provided for in subsection (B)(8)(b) of this section,
sounds originating from construction sites, including but not limited to sounds
from construction equipment, power tools and hammering before 7:00 a.m. and
Ordinance No. 6557
June 1, 2015
Page 9
after 10:00 p.m. on any day of the week except Sunday and before 9:00 a.m. and
after 10:00 p.m. on Sundays;
b. For construction on property in the R1, R2, R3, LHR1, LHR2, LHR3
and PUD zones, sounds originating from construction sites, including but not
limited to sounds from construction equipment, power tools and hammering
before 7:00 a.m. and after 7:00 p.m. and on weekdays, before 9:00 a.m. and
after 6:00 p_m. on Saturday and Sunday";
c. Construction activity may be permitted outside the hourly limits set
forth in subsections (B)(8)(a) and (b) of this section only upon application and
approval by the city planning and development director. Criteria for approval shall
include project remoteness, undue hardship or other reasonable standards.
Approval may only be for specific dates and times and other compelling reasons.
In order to be entitled to receive approval, 4he applicant must show the city that
the need for expansion of the hours is caused by circumstances of an
unforeseen and emergency nature or circumstances where there are no o4her
reasonable alternatives other than the relief requested. Approval may only be for
specific dates and times and under terms that the approving o�cial deems
appropriate under the circumstances;
d. The request for the expansion of the hours for construcfion related
noise shall be made in writing to the planning and development director, on forms
available from the planning and development department. Decisions of the
planning and development director on such requests may be appealed by a party
affected by the decision to the city's hearing examiner. Appeals of decisions of
the planning and development director shall be based solely on the above
criteria;
e. It is further provided that the mayor or designee shall be entitled to
exempt from the provisions of fhis subsection (B)(8) public agency projects
involving work in public rights-of-way, right-of-way agreements and right-of-way
permits, where noise is addressed as a condition of approval or agreement;
9. Sounds originating from residenfial property relating to temporary
projects performed by the homeowner for fhe maintenance or repair of homes,
grounds and appurtenances, including but not limited to sounds from
lawnmowers, powered hand tools, snow removal equipment and any other power
motorized equipment before 7:00 a.m. and after 10:00 p.m. on any day of the
week except Sunday and before 9:00 a.m. and after 10:00 p.m, on Sundays;
10. Continuing and/or ongoing sounds from nonemergency motor
vehicles audible more than 25 feet away from the vehicle located on or in the
vicinity of residential property, which sounds reasonably cause the annoyance or
disturbance of two or more neighbors not residing at the same address, due to
the ongoing or repetitive nature of the sounds, or the very early or very late hours
of the sounds. For the purposes hereof, sounds coming from motor vehicles,
including but not limited to engine sounds, hom sounds, hydraulic or air break
sounds, or other equipment located on fhe motor vehicle or attached trailer, that
are audible more than 25 feet away from the vehicle focated on or in the vibinity
of residential property, after 10:00 p.m, at night or before 7:00 a.m. on any day of
Ordinance No. 6557
June 1, 2015
Page 10
the week except Sunday and after 10:00 p.m. at night or before 9:00 a:m. on
Sundays, shall be presumed to be a public disturbance noise. Such presump4ion
shall only be rebutted upon a showing before the adjudicatory body that the noise
was caused by circumstances ofian unforeseen and emergency nature.
C. It is also unlawful, and a violation of this chapter, for the owner or
other person having control or custody of any dog, cat, or o4her animal to allow
s.uch dog, cat, or other animal to habifually howl, yelp, bark, or make other noises
which unreasonably disturb ano4her person.
D. Exclusion. This chapter shall not apply to community events such
as parades pursuant to chapter 10.64 of the city code, special events pursuan4 to
chapter 2.23 of the city code or regularly scheduled events at parks, such as
public address systems for baseball games or park concerts between the hours
of 9:00 a.m. and 11:00 p.m. This chapter shall not apply to fireworks lawFully
discharged wi4hin the city. This chapter shall also not apply to public safety
training activities between the hours of 7:00 a.m. and 11:00 p.m. (Ord. 6287 § 2,
2010; Ord. 6017 § 1, 2006; Ord. 6010 § 1, 2006; Ord. 5899 § 1, 2005; Ord, 5658
§ 1., 2002; 1957 code § 9.10.010.)
Section 3 Amendment to the.Citv_of Auburn Fee Schedule. The City of
Auburn Fee Schedule shall be amended to provide for a Special Event Appeal Fee in
the amount of two hundred fifty dollars ($250.Q0), which fee shall be paid with the
submittal of a Special Event Appeal, pursuant to Section 2.23.120 of the City Code.
Secfion 4. Constitutionalitv or Invaliditv. If any sec#ion, subsection clause
or phase of this Ordinance is for any reason held to be invalid or unconstitutional such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this Ordinance, as it is being hereby expressly declared that this
Ordinance and each section, subsection, sentence, clause and phrase hereof would
have been prepared, proposed, adopted ahd approved and ratified irrespective of the
fact that any one or more section, subsection, sentence, clause or phrase be declared
invalid or unconstitutional.
Section 5. Imalementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the direc4ions of this
legislation.
Section 6. Effecti4e Date. This Ordinance shall take effect and be in force
five (5)days from and after its passage, approval and publication, as provided by law.
Ordinance No. 6557
June 1, 2015
Page 11
FIRST READING: MAY 1 $ 2015
SECOND READING: �.3U1d 1 2D1�r
APPROVED: '� � Zp��
CITY OF AUBURN
NANCY BA <! S, MAYO
ATTEST�
/�� ��
Danielle E. Daskam, City Clerk
APP V D A TO FORM:
/
ani . Heid, ' orney
Published: /�-�w.�ti�v �—�"'`'�����/b'
Ordinance No. 6557
June 1, 2015
Page 12