2817ORDINANCE NO.2817
AN ORDINANCE CREATING CHAPTER 5.12 OF THE MOSES LAKE MUNICIPAL
CODE ENTITLED "SPECIAL EVENTS"
THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON ORDAINS AS FOLLOWS:
Section 1.Chapter 5.12 ofthe Moses Lake Municipal Codeentitled "Special Events"is created as follows:
5.12.010 Purpose and Policy:Special events areof infrequent occurrence andtemporary nature andmay
be associated with promotions,holidays,festivals,andthe like.Specialevents shall be allowed
by a special events permitgranted bythe CityManagerordesignee.
5.12.020 Intent:It isthe specific intent to place the obligation ofcomplying with the requirements of this
chapter upon the applicant orsponsor,and nothing contained in this chapter is intended to be
construedto createor form the basis for liability onthe part ofthe City,orits officers,employees
oragents for any injury ordamage resulting from the failure ofthe applicant orsponsor tocomply
with the provisions stated herein.
5.12.030 Definitions:For the purpose ofthis chapter,words and phrasesused herein areas follows:
A."Applicant"shall meananyperson ororganization who seeks aspecial eventpermit toconduct
or sponsor an event governed by this chapter.
B."Athletic event"shall mean an occasioninwhicha group of persons collectto engage inor
watch asport orform ofexercise on private orpublic property and/or onaCity street,sidewalk,
alley,or other street right-of-way,which obstructs,delays or interferes with thenormal flow of
pedestrian orvehicular traffic,ordoes not comply with traffic laws orcontrols.Athletic events
include, but are not limited to, bicycle and foot races.
C."Block party"shall mean a limited street closure within a residential^zoned area for the
purposes of holding a gathering involving the immediately surrounding residents.
D."Expressive activity"meansconduct,the sole orprincipal object ofwhich isthe expression,
dissemination orcommunication byverbal,visual,literary orauditory meansofopinion,views
orideas.Expressive Activity includes,butisnotlimited to,public oratory and the distribution
of literature.
E."Funeral procession"meansa single direct movement from a mortuary orchurch tothe place
of burial ofa human body,under the direction ofan authorized funeral director.
F."Permit application fee"shall meanthefeetobe paid bythe special event permit applicant at
thetimethe application is filed with the Finance Director.Such fee shall be set bythe City
Council.
G."Permittee"shall mean any person or organization who has been issued a special events
permit bytheCity Manger ordesignee.The permittee shall have authority,subject toapproval
bythe City,to determine participation in commercial activities during a special event.
H."Refundable deposit"shall meantheamountofmoneyrequired ofa permittee bythe Municipal
Services Department,Public Works Division,in order to assure adequate cleanup of the
special event site.The deposit shall be returned tothe permittee upon the completion ofthe
eventand approval ofthe Municipal Services Department,Public Works Division.
I."Special Event"means:
1. Any organized formation,parade,procession,demonstration or assembly which may
include persons,animals,vehicles,oranycombination thereof,which istoassembleor
travel in unison onanystreet,sidewalk orotherpublic right-of-way ownedorcontrolled by
the City which does notcomply with applicable traffic regulations,laws or controls.
ORDINANCE NO.2817
Page 2 July 12, 2016
2.Any organized assemblage of seventy-five (75) or more persons at any public place,
property,or facilitywhich is to gather for a common purpose underthe direction or control
of a person.
3.Examples of special events include,but are not limited to,concerts,parades,circuses,
fairs,festivals,block parties,street fairs,community events,on the water activities (such
as boat races),mass participation sports (such as marathons and other running events),
athletic or sporting events,and community celebrations and observances conducted on
public property or public rights of way.
J."Special events permit" shall mean the permit issued by the City Manager or designee after
the applicant has met all applicable reviews and requirements set forth in this chapter.
5.12.040 Exemptions:The provisions of this chapter shall not apply to:
A. Funeral processions
B.Groups required by law to be so assembled
C.Pedestrian processions along a route that is restricted to sidewalks and crossing streets only
at pedestrian crosswalks in accordance with traffic regulations and controls.
D.Expressive activities. Ifpracticable,the organizers should give notice to the City at least four
(4)hours priorto the event informing the Cityof the date and time of the eventand provide an
estimate of the approximate number of persons who willbe participating.
E.Activities of state and federal governmental agencies,including military units, which are
performed within the scope of such agency's duties and functions.
F.Events conducted by the City of Moses Lake
5.12.050 Administration:The City Manager shall,after consultation with appropriate departments and
agencies,have discretionary authority regarding special event permits.The City Manager may
approve,modify, or condition an application for a special events permit in accordance with the
principles of this chapter.
5.12.060 Permit Required:
A.Any person desiring to conduct or sponsor a special event on public property or which will
necessitate the use ofthe public right-of-way shall first obtain a special events permit.
B.Any event subject to the provisions of this chapter that is staged without complying with all
conditions ofthis chapter shall be subject to closure by the City Police Department.
5.12.070 Permit Fee and Deposit -Exemptions:
A.The fee for issuance of a special events permit shall be set by resolution of the City Council.
A clean-up deposit is required for applicants or sponsoring organizations of special events
involving the sale of food or beverages for immediate consumption,the erection of structures,
the use of horses or other animals,otherthan dogs and cats,or the use of fireworks or other
incendiary devices,in an amount reasonably anticipated to be incurred in removing debris or
litter caused by such special event as determined by the City Council.The clean-up deposit
may be returned afterthe special event ifthe applicant or sponsoring organization cleans and
restores the area used for the permitted event to the same condition as existed priorto the
event.Ifthe property used for the eventhas not been properly cleaned or restored,the clean
up deposit shall be applied toward the City's costs in cleaning up the permitted area.There
may be requirements for police officers to control traffic, provide security, and protect people
and property at additional costs.The Public Works Division may have additional costs for
placing barricades,roadway preparation, and clean-up.
ORDINANCE NO.2817Page3 July 12,2016
B. No fee shall apply to a block party
5.12.080 Prioritization of PermitApplications:When an event is proposedthatwould conflict withthe time
or location of anotherevent, the following criteria shall guide the determination of priority for the
special event:
A.Whether a special event isbeing proposed for thesame area or time as another eventand,
ifso,whether multiple events can be reasonably accommodated given the location and
resources,and ifnot,giving priority tothefirst eventfor which a permit application issubmitted;
provided,that either an event sponsored by the City ofMoses Lake or a bona fide nonprofit
organization that has previously occurred in the same general location or at the same
approximate time of year shall have priority;provided further,that the nonprofit organization
submits a timely and complete permit application for the special event.
B.Whether timing or location of an event might conflict with other projects and activities,for
example,road workora construction project.
C.History ofthe event or ofother events held by asponsoring party as related to safety,security,
and compliance with permitconditions.
5.12.090 Permit Application and Issuance:
A.Aspecial event application asprovided by the Administration Department and provided by the
Parks and Recreation Department shall be completed and submitted to the parks and
Recreation Department atleast sixty (60)days prior to the event.Applications submitted less
than sixty (60)days prior to the event may be accepted if the Administration Department finds
that there is adequate time to properly process the request,that all requirements ofthe permit
can bemetwithout undue strain on City resources and the date and venue are available for
use.
B.If required by the City,the permittee shall provide the City with proof of commercial general
liability insurance as required in section 5.12.140 below.
C.The Parks and Recreation Director ordesignee shall issuethespecial event permit once theapplicationhasbeenapprovedafterreviewofappropriatedepartmentstoincludePolice,Fire,
Public Works,Parks,Community Development,and others asdetermined by the City Council,
and the applicant has agreed in writing to comply with the terms and conditions ofthe permit.
D.The Parks and Recreation Director or designated appointee shall approve,conditionally
approve,or deny an application based on the recommendations ofCity departments involved
in the review process.
5.12.100 Permit Requirements:
A.Special event uses are to be temporary and approved for a particular zoning district by the
Community Development Director.
B.Temporary signage and temporary structures will be allowed subject to provisions of this code
pursuant to the interpretive authority and discretion of the Community Development Director.
C.Requests for temporary parking facilities for special events and street closures for special
events shall be subject to provisions of this code pursuant to the interpretive authority and
discretion ofthePolice Chief.Street closures for any portion ofastate highway orright-of-way
shall be subject to state requirements and approvals.
D.Requests for fire and emergency medical services shall be subject to requirements and
interpretive authority and discretion ofthe City's Fire Department.
E.Requests for police services shall be subject to provisions of this code pursuant to the
interpretive authority and discretion ofthe Police Chief.
ORDINANCE NO.2817Page4 July 12,2016
F.Expenses for fire,police,medical services,parks,and public works crews needed for
coverage and cleanup at the special event shall be prepaid and the responsibility of the
permittee, even ifthe permit fee has been waived. Ifthe actual cost forCity services and
equipment onthe date(s) ofthe eventisgreaterthanthe estimated cost,the applicant/sponsor
will be billed for the difference.
G. Adequate sanitation andotherrequired health facilities shall,as required byapplicable statutes
and the Grant County Health District,be provided or made available in or adjacent to any
public assembly areas.
H.Use of Citywater beyond incidental and typicalconsumptive uses,such as use of Citywater
to runa water toy orwater feature, shall require prepayment forsuch use inan amount to be
determined by the City Manager.
5.12.110 Permit Conditions:The Parks and Recreation Director or designee may condition the issuance
of a special event permit by imposing reasonable requirements concerning time, place, and
manner of the event; and such requirements as are necessary to protect the safety and rightsof
persons and property and the control of traffic.
5.12.120 Denialof Application: A special event permit may be denied based upon a determination that:
A.The event would endanger public safety or health
B. The proposed eventwouldseriouslyinconvenienceorimpairthe general public'suseof public
property,services or facilities
C.The event would unreasonably infringe upon the rights of abutting properties
D.The event would conflict with another proximate event or interfere with construction or
maintenance work in the immediate vicinity
E. There isnotsufficient qualifiedsafety personnel orother necessary Citystaff to accommodate
the event
F.The applicant failed to complete the application form after being notified of the additional
information or documents required
G. Information contained in the application of supplemental information requested from the
applicant is found to be false in any materialdetail
H.The applicantcannotmeet,oris unwillingto meet,allof the requirements of this chapter orany
special conditions imposed by any of the reviewing agencies
I.Other issues in the public interest were identified by the City Manager, City Council, or City
Official
J. Failureto prepay expenses,fees,charges,deposits,insurance or bonds
K.The proposed event is scheduled to occurat a route or location adjacent to a school or class
during a time when such school or class is in session,and the noise created by the activities
of the eventwould substantially disrupt the educational activities of the school or class
L.The purpose of the proposed event is to incite crime or the overthrow of the government by
force or the event would engage in or encourage participants to engage in illegal acts
M.The primary purpose ofthe special eventis for advertising products,goods,or events that are
for private profit, and the special event is primarily for private profit.The prohibition against
advertising any product,goods,or event shall not apply to signs identifying organizations or
sponsors furnishing or sponsoring exhibits or structures used in the special event.
ORDINANCE NO.2817
Page 5 July 12,2016
5.12.130 Indemnification:
A.Prior to the issuance of the special event permit,the applicant must agree to reimburse the
City for any costs incurred by the City in repairing damage to City property occurring in
connection with the permitted event.
B.In considerationof being permitted to producethis special event or activity oruse of anyCity
property orfacilities in connection with thisactivity,the applicant ("indemnitor")agreestothe
following:
1.The indemnitor herebyagreesto release,indemnify and hold harmlessthe City of Moses
Lakefrom anyandall liability,claims,demands,causes of action,charges,expenses, and
attorney fees (including attorney fees to establish the City's right to indemnity orincurred
on appeal)resulting from involvement in thiseventwhethercaused byany negligent act
oromissionofthe City orotherwise.Thisagreement shall notapply toany liability resulting
from the sole negligence of the City.
2. The indemnitor agrees to reimburse the City for any loss, theft of, or damage to City
property,equipment and/or facilities.
3. The indemnitor agreesto comply with all applicable laws,statutes,ordinances,rules and
requirements including,butnot limited to,notadmitting moreattendeesthandesignated
bythe Fire Department as safe for the particular event or facility.
4. The indemnitor expressly agrees that this release and hold harmless agreement is
intended to be as broad and inclusive as permitted by Washington lawand that ifany
portion thereof isheld invalid,notwithstanding,thebalance shall continue in full legal force
and effect.
5.Falsification and/or misrepresentation in completing this application may resultin rate
adjustment or event cancellation.Changes tothe detailed program require immediate
notification to City.
5.12.140 Insurance required:
A.Asrequired bytheCity Manager,the permittee shall provide theCity with proof ofcommercial
general liability insurance generally in the amount ofat least one million dollars ($1,000,000)
(combined single limits per occurrence),two million dollars ($2,000,000)aggregate,and an
endorsement naming theCity of Moses Lake asanadditional insured mustbeprovided.If food
or nonalcoholic beverages are sold orserved atthe event,the policy must also include an
endorsement for product liability.If alcoholic beverages are sold orserved attheevent,the
policy must also include an endorsement for host liquor liability.If the event involves athletic
orother types of active participants,the policy mustinclude participant coverage.If vehicles
are used for other than nominal and standard commute purposes, a policy of business
automobile liability,onaninsurance industry standard form orequivalent including coverage
forowned, non-owned, leased or hiredvehicles, orequivalent coverage.
The City Manager and the City's risk manager may require additional endorsements or higher
limits depending upon the proposed activity.Such insurance shall be primary to,and non-
contributory with,any insurance maintained bythe City.
B.Certificates of insuranceshallbe submittedtothe City for approval directly from the insuring
agency via postal mail,fax oremail.The insurance policy shall be written onan occurrence
basis,shall name the City as an additional insured,shall bewritten for a period not lessthan
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,and shall contain a provision prohibiting
cancellation ofthe policy except upon thirty (30)days'written notice tothe City.Acceptability
of insurance,including coverage types and limits,is subject to approval bythe City's risk
administrator.
ORDINANCE NO.2817
Page6 July 12,2016
5.12.150 Revocation or Suspension:
A. A special events permit issued underthis chaptershall be temporary,shall vest no permanent
rights inthe applicant, and may be immediately revoked or suspended by the City Manager or
City Council if:
1.The applicant has made a misstatement of material fact in the information supplied;the
applicant has failed to fulfill a term or condition of the permit in a timely manner;or the
check submitted by the applicant in payment of the fee fora permit has been dishonored
2.The applicant requests the cancellation of the permit or cancels the event
3.The activity endangers or threatens persons or property, or otherwise jeopardizes the
health,safety or welfare of persons or property
4.The activity conducted is inviolation of any of the terms or conditions of the special events
permit
5. An emergency or supervening occurrence requires the cancellation or termination of the
event in order to protect the public health or safety
6.The applicant fails to prepay expenses.
B.The City shall refund the permit fee in the event of a revocation caused by an emergency or
supervening occurrence;the City shall refund the balance of the fee,less the actual costs
incurred ifthe cancellation occurs at the request ofan applicant who is in compliance with this
chapter.
C. If any event,use,or occupancy for which the permit has been revoked is not immediately
discontinued,the City Manager or designee may remove any structure or obstruction,or cause
to be made,without obligation to do so,such repairs upon the structure or obstruction as may
be necessary to render the same secure and safe,oradjourn any special event.The cost and
expense of such removal,repair or adjournment shall be assessed against the permittee,
including all professional fees associated with enforcement of the collection of the same.
5.12.160 Appeal Procedure:Any party,including the applicant,may appeal the Parks and Recreation
Director's or designee's decision to grant or deny a permit. A written appeal must be received by
the Finance Directorwithin ten (10)days aftera written decision.The written notice of appeal shall
set forth the specific grounds forthe appeal and attach any relevantdocuments for consideration.
A hearing shall be held by theCity Manager notmore than ten (10)businessdays afterthe receipt
of the request fora hearing.The Finance Director shall give the appellant reasonable notice of the
appeal hearing to the applicant and appellant (if not the applicant).The applicant shall have the
right to attend said hearing and present evidence.Any hearing under this chapter shall be
conducted during normal business hours, on an informal basis.A record of the hearing, including
thedate of hearing,whowas present,and the findings made as to whetheror not the decision was
consistentwith the approval criteria, shall be made inwriting.The written finding shall be filedwith
the City Manager or designee.The decision of the City Manager shall be final.
5.12.170 Waiver of Application Deadline -Waiver of fees,insurance and performance requirements for
special events protected under the First and Fourteenth Amendments to the U.S.Constitution:
A. Upon a showing of good causetheCity Manager shall consideran application that is filedafter
the filing deadline, if there is sufficient time to process and investigate the application and
obtain police and other services for a special event protected underthe First and Fourteenth
Amendmentstothe U.S. Constitution primarily involving political orreligiousactivities intended
forthe communication or expression of such ideas. Good cause can be demonstrated bythe
applicant showing that the circumstances that gave rise to the permit application did not
reasonably allow the participants to filewithin the time period prescribed and that the event is
for the purpose of exercising the right of free speech.
ORDINANCE NO.2817
Page 7 July 12,2016
B.An applicationfor a special event protected under the Firstand Fourteenth Amendments to
the U.S.Constitution shall be processed promptly without charging a fee that impermissibly
infringes on constitutionally protected rightsand without imposing terms and conditions or
performance requirements that impermissibly infringe on constitutionally protected rights.
C.The City Manager maywaive or reducethe insurance requirements underthischapter if the
applicant or an officer of the sponsoring organization signs a verified statement that s/he
believes the event's purpose is FirstAmendmentexpression, and that the cost of obtaining
insurance isso financially burdensome that it would constitutean unreasonable burdenonthe
right of First Amendment expression.Thestatementshall include the nameandaddress of
two insuranceagentsorothersourceofinsurancecoveragecontactedtodetermine insurance
premium rates for insurance coverage.
5.12.180 Penaltyfor Violation Any person, association,firm,partnership,or corporation that violatesany
ofthe provisions of this chapter shall be guilty ofa civil infraction and shall be subjecttoa C-4
penalty.Each dayor portion ofa day in which a violation is committed constitutes a separate
offense.
5.12.190 Severability:If any part,provision or section ofthis chapteris held tobe void or unconstitutional,all
other parts notexpressly so heldshall continue in full force and effect.
Section 2. Thisordinance shalltake effectand be in force five (5)days after its passage and publication of
its summary as provided by law.
Adoptedbythe City Council and signed by its Mayor on July 12,2016
Todd Voth,Mayor
ATTEST:
APPROVED AS TO FORM:
tiMj^L
Kathehne L.Kenison,xstty-Attomey