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HomeMy WebLinkAboutOrdinance No. 2023-013 An Ordinance of the City of Arlington, Washington Amending Chapter 5.44 of the Arlington Municipal Code Regarding Special Events ORDINANCE NO. 2023-013 AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING CHAPTER 5.44 OF THE ARLINGTON MUNICIPAL CODE REGARDING SPECIAL EVENTS WHEREAS, the City has the power to regulate the use of City property for the purpose of regulating the impacts on city rights of way, streets, sidewalks, and on emergency services; and WHEREAS, the City Council has considered its existing special events ordinance and has determined that certain provisions should be updated in light of recent legislation, including the adoption of amendments to RCW 9.41.300, which imposes limitations on "open carry" rights within certain "permitted demonstrations" as defined therein; and WHEREAS, the City believes that amendment of its ordinance is desirable to ensure the protection of the public and those attending its special events; and WHEREAS, the City Council has considered the proposed amendment to the municipal code and finds it to be consistent with city and state law and in the best interests of the citizens; NOW,THEREFORE,the City Council of the City of Arlington does hereby ordain as follows: Section 1. Arlington Municipal Code Section 5.44.010 shall be and hereby is amended to read as follows: 5.44.010 Definitions. For purposes of this chapter,the following definitions shall apply: "Special events" means and includes any event which is to be conducted on public property or on public rights-of-way; and, also, any event held on private property which would have a direct significant impact on traffic congestion; or traffic flow to and from the event over public streets or rights-of-way; or which would significantly impact public streets or rights-of-way near the event; or which would significantly impact the need for city-provided emergency services, such as police, fire or medical aid. It is presumed that any event on private property which involves an open invitation to the public to attend or events where the attendance is by private invitation of one hundred (100) or more people are each presumed to be an event that will have a direct significant impact on the public streets, rights-of-way or emergency services. Special events might include, but are not limited to, fun runs/walks, athletic competitions, bike- a-thons, parades, carnivals, city heritage celebrations, holiday festivals, shows or exhibitions,filming/movie events, circuses, block parties and fairs. ORDINANCE NO. 2023-013 PAGE 10F 9 "Special events protected under the First and Fourteenth Amendments" means and includes any event having as its principal purpose political or religious activity intended primarily for the communication or expression of ideas. "Use" means to construct, erect, or maintain in, on, over or under any street, right-of-way, park or other public place, any building, structure, sign, equipment or scaffolding, to deface 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 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. Section 2. A new Arlington Municipal Code Section 5.44.015 shall be and hereby is added to read as follows: 5.44.015 Special Events Protected Under 15t and 14th Amendments. a. An applicant may apply for a special event permit for a special event protected under the First and Fourteenth Amendments. b. In determining whether an event is a special event protected under the First and Fourteenth Amendments,the City shall consider all relevant information, including the nature of the event; the extent of commercial activity, such as the sales of food, goods and services; product advertising or promotion, or other business participation in the event;the use or application of any funds received; and if part of any annual tradition or series, previous events in the sequence. c. When the City has determined that an event is a special event protected under the First and Fourteenth Amendments,the application shall be processed promptly, without charging a fee for political or religious activities or imposing terms or conditions that infringe constitutional freedoms, and in a manner that respects the liberty of applicants and the public. d. A special event protected under the First and Fourteenth Amendment may be issued sooner than sixty days before the event, when the circumstance that gave rise to the permit application did not reasonably allow the participants to file within the time prescribed, and the event is for the purpose of exercising rights under the First and/or Fourteenth Amendments of the United States Constitution. e. The City shall have the right to impose the following types of conditions on special events protected under the First and Fourteenth Amendment: (1) Requirements relating to the time, place and manner of the event; (2) Requirements relating to the area of assembly and disbanding of the event along with uses of a specific route; ORDINANCE NO. 2023-013 PAGE 2 OF 9 (3) Requirements relating to pedestrians or vehicular traffic, including restricting the event to only a portion of the street or rights-of-way. f. No fee, indemnification agreement or insurance requirement shall be imposed when prohibited by the First and Fourteenth Amendment to the United States Constitution. g. The provisions of Arlington Municipal Code sections 5.44.070 through 5.44.100 shall not apply to special events protected under the First and Fourteenth Amendment. Section 3. Arlington Municipal Code Section 5.44.020 shall be and hereby is amended to read as follows: 5.44.020 Permit required. A special event permit or authorization from the city is required for any event in a park, public place or on private property where it will significantly impact public sidewalks or roadways. Such special event permit shall be in addition to any street or park use, or other regular permits as may be required by ordinance. The permit required by this chapter is separate from and in addition to the business license issued under Chapter 5.28, which may also be required when applicable. 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 sponsored or conducted in full by the city of Arlington; (2) Funeral and wedding processions; (3) Groups required by law to be so assembled; (4) Gatherings of thirty (30) or fewer people in a city park, unless merchandise or services are offered for sale or trade; (5) Temporary sales conducted by businesses, such as holiday sales, grand opening sales, or anniversary sales; (6) Garage sales and rummage sales; (7) The exhibition of films or motion pictures; (8) Other similar events and activities which do not directly affect or use city services or City property or rights of way. Any person desiring to sponsor a parade, athletic event or special event shall be encouraged to apply for a special event permit by filing an application with the city at least sixty days prior to the date on which the event is to occur. ORDINANCE NO. 2023-013 PAGE 3 OF 9 In addition to the permit application,the applicant shall submit a safety plan. A separate parade permit may be required in addition to a special event permit. Waiver of Application Deadline. Upon a showing of good cause or at the discretion of the city,the city may 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. Section 4. Arlington Municipal Code Section 5.44.030 shall be and hereby is amended to read as follows: 5.44.030 Grounds for denial of application. The city may deny an application for a special event permit if: (1) The applicant provides false or misleading information; (2) The applicant fails to complete the application or to supply other required information or documents, or the applicant declares or shows an unwillingness or inability to comply with the reasonable terms or conditions contained in the proposed permit; (3) The proposed event would conflict with another proximate event, interfere with construction or maintenance work in the immediate vicinity, or unreasonably infringe upon the rights of abutting property; or (4) The proposed event would unreasonably disrupt the orderly or safe circulation of traffic as would present an unreasonable risk of injury or damage to the public; or (5) There are not sufficient safety personnel or other necessary City staff to accommodate the event. In the event subsection (4) or (5), above, applies, the city shall offer the applicant the opportunity to submit an alternative date or place for the proposed event before denying the application. Section 5. Arlington Municipal Code Section 5.44.040 shall be and hereby is amended to read as follows: 5.44.040 Permit conditions. (a) The city may condition the issuance of a special events permit by imposing 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 the control of traffic. The following conditions shall be applied to all special events permits: ORDINANCE NO. 2023-013 PAGE 4 OF 9 (1) Requirements relating to the time, place and manner of the event proposed on the event application; (2) Requirements concerning the area of assembly and disbanding of the event occurring along a specific route; and (3) Requirements concerning accommodation of pedestrians or vehicular traffic, including restricting the event to only a portion of the streets or rights-of-way. (b) Conditions on special events permits not protected under the First and Fourteenth Amendments of the U.S. Constitution may include, but are not limited to: (1) Requirements for the use of traffic cones or barricades; (2) Requirements for the provision of first aid or sanitary facilities; (3) Requirements for use of event monitors and providing notice of permit conditions to event participants; (4) Restrictions on the number and type of vehicles, animals or structures at the event, and inspection and approval of floats, structures, and decorated vehicles for fire safety; (5) Compliance with animal protection ordinances and laws; (6) Requirements for use of garbage containers, cleanup, and restoration of city property. (7) Restrictions on the use of amplified sound and compliance with noise ordinance, regulations and laws; (8) Notice to residents and/or businesses regarding any activity which would require a street closure; (9) Restrictions on the sale and/or consumption of alcohol; (10) Elimination of an activity which cannot be mitigated to a point as to ensure public safety and welfare, or which causes undue liability risk to the city; (11) Requirements regarding the use of city personnel and equipment; (12) Compliance with any other applicable federal, state or local law or regulation; (13) Payment of special event fees as stated in AMC 5.44.090; and (14) Providing evidence of liability insurance and additional insured endorsement naming the City as an additional insured. ORDINANCE 2023-013 PAGE 5 OF 9 Section 6. Arlington Municipal Code Section 5.44.050 shall be and hereby is amended to read as follows: 5.44.050 Appeal procedure. The applicant shall have the right to appeal the denial of a permit or a permit condition. The applicant shall also have the right to appeal the amount of fees or cleanup deposits imposed pursuant to Section 5.44.090, or a determination by the city that the applicant's certificate of insurance does not comply with the requirements specified in Section 5.44.080. A written notice of appeal shall be filed within three business days after receipt or personal delivery of a notice of denial or permit conditions from the city. The written notice of appeal shall set forth the specific grounds for the appeal and attach any relevant documents for consideration. The city council shall hear the appeal on the record provided from the designated city official and upon public comment given at the scheduled hearing before the council. The hearing shall be scheduled no later than thirty days after receipt of a timely and proper notice of appeal. Public comment at the appeal hearing shall be limited to three minutes per individual and fifteen minutes each for appellant and city respondent. The decision of the city council is final. If the applicant's reason for appeal includes allegations of constitutional violations, the issue will be heard by the City's hearing examiner instead of the City Council. If there is insufficient time for a timely appeal to be heard by the city council prior to the date on which the event is scheduled,the applicant may, at its own option, request that the designated city official schedule the appeal before the mayor or city administrator or designee. The mayor or city administrator or designee shall hold a hearing no later than five (5) business days after the filing of the appeal and will render a decision no later than one (1) business clay after hearing the appeal. If the appeal is requested and heard before the mayor or city administrator,the mayor's or city administrator's decision is final. There is no further appeal to the city council. Section 7. Arlington Municipal Code Section 5.44.060 shall be and hereby is repealed. Section 8. Arlington Municipal Code Section 5.44.070 shall be and hereby is amended to read as follows: 5.44.070 Indemnification agreement. Prior to the issuance of a permit for a special, the permit applicant and authorized officer of the sponsoring organization must agree to reimburse the city for any costs incurred by it in repairing damage to city property. The applicant or ORDINANCE NO. 2023-013 PAGE 6 of 9 organization shall indemnify and defend the City, its officers, employees, and agents from all causes of action, claims or liabilities occurring in connection with the permitted event, except those which occur due to the city's sole negligence. Section 9. Arlington Municipal Code Section 5.44.080 shall be and hereby is amended to read as follows: 5.44.080 Insurance. The following insurance shall be required in connection with the issuance of a permit for a special: one million dollars commercial general liability insurance per occurrence combined single limits,two million dollars aggregate, unless waived by the city. Higher limits of insurance may be required dependent upon the size and/or possible impacts of an event and/or requirements of the city's insurance company. The city administrator or his or her designee is authorized and directed to require written proof of such insurance prior to permit issuance. The insurance policy shall be written on an occurrence form, shall name the city as an additional insured using an endorsement at least as broad as ISO additional endorsement form CG 20 26, 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, or for the entire period of set up and tear down, whichever is longer. The applicant shall provide the City and all additional insureds for this event with written notice of any policy cancellation within two (2) business days of their receipt of such notice. Section 10. Arlington Municipal Code Section 5.44.090 shall be and hereby is amended to read as follows: 5.44.090 Fees for city services. (a) Upon approval of an application for a permit for a special event, the city administrator shall provide the applicant with a statement of the estimated cost of providing city personnel and equipment, and the estimated cost of leasing city airport property if applicable. The applicant/sponsor of the event shall be required to prepay these estimated costs for city services and equipment and leased property ten (10) days prior to the special event. City services and equipment may include the use of police officers and public employees for traffic and crowd control, pickup and delivery of traffic control devices, picnic tables, extraordinary street sweeping, and any other needed, requested or required city service and the cost of operating the equipment to provide such services. (b) If the actual cost for city services and equipment on the date(s) of the event is less than the estimated cost, the applicant/sponsor will be refunded the difference by the city in a timely manner. If the actual cost for city services and ORDINANCE NO. 2023-013 Page 7 of 9 equipment on the date(s) of the event is greater than the estimated cost,the applicant/sponsor will be billed for the difference. (c) Permit fees and fees for the use of city services and equipment may be waived in part or in full by the city if in review of the application it is found that the event is of sufficient public benefit to warrant the expenditure of city funds without reimbursement by the applicant/sponsor and would not result in the private financial gain of any individual or "for profit" entity. Section 11. Arlington Municipal Code Section 5.44.100 shall be and hereby is amended to read as follows: 5.44.100 Cleanup deposits. The applicant/sponsor of an event involving the sale of food or beverages for immediate consumption, erection of structures, horses or other large animals, water aid stations or any other event likely to create a substantial need for a cleanup, may be required to provide a cleanup deposit prior to the issuance of a special event permit. The cleanup deposit may be returned 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/sponsor shall be billed for the actual cost by the city for cleanup and restoration. The cleanup deposit shall be applied toward the payment of the bill. Section 12. Severability. Should any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by state or federal law or regulation, such decision or pre-emption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 13. Effective Date. The title of this ordinance which summarizes the contents shall be published in the official newspaper of the City. This ordinance shall take effect and be in full force five (5) days after the date of publication as provided by law. PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this 2nd day of October, 2023. ORDINANCE 2023-013 Page 8 of 9 CITY OF ARLINGTON Barbara Tolbert, Mayor ATTEST: Wendy Van lber Meersche, City Clerk APPROVED AS TO FORM: l Steve A , City Attorney ORDINANCE NO. 2023-013 Page 9 of 9 CERTIFICATION OF ORDINANCE I, Wendy Van Der Meersche, being the duly appointed City Clerk of the City of Arlington, Washington, a municipal corporation, do hereby certify that the following Ordinance No. 2023-013 was approved at the October 2, 2023 City Council meeting. ORDINANCE NO. 2023-013 "AN ORDINANCE OF THE CITY OF ARLINGTON,WASHINGTON AMENDING CHAPTER 5.44 OF THE ARLINGTON MUNICIPAL CODE REGARDING SPECIAL EVENTS" A true and correct copy of the original ordinance is attached. Dated this 3rd day of October, 2023 Wendy Van er Meersche City Clerk for the City of Arlington