It shall be the policy of the city to require any individual or group who wishes to conduct or cause to be conducted, participate or engage in, hold, manage, employ, permit or allow another to conduct a parade, or local special event, on or upon any city street, sidewalk, alley, parkway, public place, or public property which is owned or controlled by the city to first obtain a written permit from the city manager or his/her designee. This permit procedure shall not apply to any activity protected by the First Amendment to the United States Constitution.
A. Application.
1. The application for a permit under this policy to conduct or engage in any parade, local special event or filming activity or parking on Class II bicycle lanes which involves the use of city streets, alleys, sidewalks, parkways or other public property owned or controlled by the city shall be filed with the city manager or his or her designee. Such applications shall be filed at least thirty (30) working days prior to the date that the permit is to become effective, and applications for filming activity permits be filed at least three working days prior to the date the permit is to become effective.
2. Each application shall be accompanied by a nonrefundable permit application fee in the amount established by resolution of the city council. The city manager or his or her designee shall have the authority, in his or her discretion, to consider any application for a permit which is filed later than the time prescribed in this policy. Permit applications may be obtained at city hall during normal business hours. Permit applications are to be returned to the office of the city manager for appropriate distribution.
3. Applications shall be upon a form which is furnished by or acceptable to the city manager or his or her designee. Each application shall contain full, complete and detailed information including, but not limited to the following:
a. A description of the proposed use, event or activity;
b. The street or other public property and the specific area or areas thereof which will be utilized in connection with the proposed use, event or activity;
c. The manner in which the public property will be utilized;
d. The date or dates and the specific times thereof that the public property is to be utilized for the described use, event or activity;
e. The name, address and telephone number of the person, entity or organization sponsoring or conducting the proposed use, event or activity and;
f. The name, address and telephone number of the person or persons to be contacted regarding the application or permit.
g. Estimate of the number expected to participate. The city manager may refer the application to the appropriate city departments for review, evaluation, investigation and recommendations by the departments regarding approval or disapproval of the application. It is recommended that permit applications received by the city manager's office be reviewed by the accounting department, police department, fire protection district, traffic engineering/public works department, and code enforcement officer.
4. A traffic control plan and parking plan, indicating streets to be posted, coned or barricaded, staffing levels and equipment required, shall be prepared and implemented by the public works and police department, in consultation with the permittee.
5. Any special requirements for the conduct of the event which must be provided by the sponsor prior to the date the event is held, or reasons for denial shall be indicated on the permit application in the space provided. Any recommendations or disapproval should be submitted within ten working days to the city manager's office for review. Any department approving a permit application shall also include an estimate of applicable city departmental charges that will be incurred by their respective department in connection with the permit.
B. Permit Term. Any permit issued under this policy shall not be for a period of more than two consecutive days except as otherwise provided in this policy; however, the city manager, in his or her discretion, may extend the duration of any permit, except as otherwise provided in this policy, for one additional period of not more than three consecutive days.
C. Permit Denial or Revocation. The city manager or his or her designee may deny any application for a permit or revoke any permit if the city manager or his or her designee determines that the applicant therefore or holder thereof or any agent, employee or associate of any such applicant or permittee has made any false or misleading statement in an application or has not fully complied with the requirements of this policy or has violated any of the provisions of this policy or the provisions of any applicable law, rule or regulation. Any permit issued under this policy may be summarily revoked.
D. Criteria to Issue a Permit.
1. The city manager or his or her designee may issue a permit under this policy if it is determined that the following criteria have been met:
a. The proposed use of the property is not governed by or subject to any other permit procedures provided elsewhere in this policy or other applicable laws, rules or regulations; and
b. The preparation for the conduct of the proposed use, event or activity will not unduly impede, obstruct, or interfere with the public's use of the street or other public property; and
c. The preparation for the conduct of the proposed use, event or activity will not unduly impede, obstruct, or interfere with the operation of emergency vehicles or equipment in or through the particular permit area, or adversely affect the city's ability to perform municipal functions or furnish city services in the vicinity of the permit area; and
d. A proposed use, event or activity does not present a substantial or unwarranted safety or traffic hazard; and
e. The proposed use, event or activity will not have a significant adverse environment impact; and
f. That in the case of proposed filming activity, the proposed advertisement, acknowledgement, credit or other such promotional benefit to the city; and
g. That in the case of a block party or other similar neighborhood event, the applicants have submitted a petition in favor of the event which has been signed by sixty (60) percent or more of the residents of the block affected by the permit.
2. In addition to the requirements of this policy or other applicable laws or rules or regulations promulgated by the city manager, each permit shall contain such terms and conditions regarding the city streets or other public property which are necessary and appropriate under the circumstances.
E. Permit Fees. Permit application fees, daily fees and other additional fees for the use of city streets or other city-owned or controlled property pursuant to this policy shall be established by the city council by resolution. The total amount of the fees due for the entire permit period shall be paid to the city at least three days prior to the date that the permit becomes effective. Collected fees shall be deposited in the city's general fund.
F. Departmental Service Charges.
1. In addition to the payment of the nonrefundable permit application fees, the daily fees and any other fees prescribed by resolution of the city council, a permittee shall pay the city for all city departmental service charges incurred in connection with or due to the permittee's activities under the permit. If city property is destroyed or damaged by reason of permittee's use, event or activity, the permittee shall reimburse the city for all the actual replacement or repair cost of the destroyed or damaged property.
2. City departments shall submit the final invoices and billings for departmental charges to the permittee no later than ten working days after the expiration date of the permit.
3. At least three days prior to the date that any permit under this policy is to become effective, the applicant shall pay to the city a cash deposit to the accounting department in an amount sufficient to cover the total city departmental charges which the city manager or his or her designee estimates will be incurred in connection with the permit. The payment of any such advance cash deposit may be waived by the city manager or his or her designee.
G. Refunds. If a permittee is unable to hold or conduct a use, event or activity because of inclement weather or due to some other cause not within the permittee's control, and the permittee submits a written request for the refund of such fees to the city manager's office within ten days after the date that the use, event or activity was to have been held or conducted, the city manager may authorize a refund of the fee or a pro rata portion thereof, except the nonrefundable application fees, which have been paid by the permittee to the city in connection with a permit issued under this policy.
H. Compliance Investigation. It shall be the duty, responsibility and authority of the city manager or his or her designee to monitor, investigate and determine whether a permittee fully complies with all the provisions of any applicable laws, rules or regulations.
I. Insurance.
1. Concurrent with the issuance of a permit under this policy, and as a condition precedent to the effectiveness of the permit, the permittee shall obtain and maintain in full force and effect during the term of the permit a policy of insurance from a reliable insurance company authorized to do business in the state, which policy includes the city, its boards, officers, agents and employees as named insureds or additional named insureds and which provides the coverages that the city manager determines to be necessary and adequate under the circumstances, and proof of insurance shall be submitted to the city at least ten days prior to the event.
2. If the city manager determines that a particular use, event or activity which is for a permit period of no more than one day does not present a substantial or significant public liability or property damage exposure for the city or its officers, agents and employees, the city manager may give a written waiver of the insurance requirements of this section.
3. Each permit shall expressly provide that the permittee agrees to defend, protect, indemnify and hold the city, its officers, employees and agents free and harmless from and against any and all claims, damages, expenses, loss or liability of any kind or nature whatsoever arising out of, or resulting from the alleged acts or omissions of permittee, its officers, agents or employees in connection with the permitted event or activity; and the permittee shall expressly provide that the permittee shall, at permittee's own cost risk and expense, defend any and all claims or legal actions that may be commenced or filed against the city, its officers, agents or employees, and that permittee shall pay any settlement entered into and shall satisfy any judgement that may be rendered against the city, its officers, agents or employees as a result of the alleged acts or omissions of permittee or permittee's officers, agents or employees in connection with the uses, events or activities under this permit.
(Ord. 131 § 1 (part), 1994: Ord. 98 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 12.08.004)