HomeMy WebLinkAbout3524 Ordinance E_
ORDINANCE NO. 3524
AN ORDINANCE of the City of Pasco, Washington, repealing
Chapter 5.05 entitled "Trade Shows, Exhibitions and Temporary
Special Events"; Chapter 5.24 entitled "Dance Halls and Dances";
Chapter 10.96 entitled "Parades, Processions, or Other Organized
Formation of Persons or Vehicles on the Public Streets and Ways";
and enacting Chapter 5.25 entitled "Special Events and
Entertainment"
WHEREAS, the City of Pasco has experienced unanticipated demands for
traffic control and safety services required by large gatherings of people at
events not coordinated with the City departments that provide safety services;
and
WHEREAS, such events have caused disruptions in traffic and
accessibility, conflict with other citizens, and undue burden of expense upon
the City; and
WHEREAS, the public health and welfare of the City and its residents is
benefited by advance preparation and response of public safety officials to
known disruptions in traffic and accessibility; and
WHEREAS, proper civic management of large events requires notice to
the City in order to insure the appropriate preparation and response on the
part of public safety officials; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO
ORDAIN AS FOLLOWS:
Section 1. That Chapter 5.05 entitled "Trade Show, Exhibitions and
Temporary Special Events" of the Pasco Municipal Code, shall be and hereby is
repealed in its entirety.
Section 2. That Chapter 5.24 entitled "Dance Halls and Dances" of the
Pasco Municipal Code, shall be and hereby is repealed in its entirety.
Section 3. That Chapter 10.96 entitled "Parades, Processions, or Other
Organized Formation of Persons or Vehicles on the Public Streets and Ways" of
the Pasco Municipal Code, shall be and hereby is repealed in its entirety.
Section 4. That a new Chapter 5.25 be added to the Pasco Municipal
Code entitled "Special Events and Entertainment" shall be and hereby is
adopted and shall read as follows:
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Chapter 5.25
SPECIAL EVENTS AND ENTERTAINMENT
SECTION:
5.25.005 Finding and Purpose
5.25.010 Permit Required
5.25.020 Definitions
5.25.030 Application
5.25.035 Temporary Special Sales Event
5.25.040 Dance Halls
5.25.050 Public Dance
5.25.060 Concerts, Outdoor Music Festivals and Athletic or
Competitive Events
5.25.065 Outdoor Music Festival -Additional Requirements.
5.25.0 70 Permit Fee
5.25.080 Procedure for Application Approval
5.25.090 Appeal
5.25.100 Revocation of Permit
5.25.110 Crowd and Traffic Control
5.25.005 FINDING AND PURPOSE. The City finds that to preserve each
citizen's right of free speech and assembly, in both public and private places,
the coordination of the City services is necessary to maintain the safety of the
persons and properties of the participants and those electing not to participate
in the event and to provide continued municipal services for the benefit of all
the citizens of the City, minimal regulations are necessary to provide for the
coordination of essential municipal services. These regulations are established
for the purpose of regulating those events, which are intended to draw large
numbers of people, involve use of public facilities and to establish a fee
required to defray the costs of assuring the public health and safety.
5.25.010 PERMIT REQUIRED. It shall be unlawful for any person or
promoter to initiate, conduct, promote, or participate in any public dance,
dance hall, concert, outdoor music festival, parade, demonstration, athletic or
competitive event or temporary special sales events on public or private
roadways, sidewalks, parks or places within the City until a Special Events
Permit therefore has been secured. Public or private elementary, secondary
and college-level events; events, except temporary special sales events, at the
Trade Recreation and Agricultural Center (TRAC), City-sponsored events, and
ongoing events either operating under a City permit or a business licensed in a
facility specifically designed for the purpose of that event, including but not
limited to baseball games at the baseball stadium, soccer matches at the City
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soccer fields, softball at the City softball complex, and other similar events are
exempt from this requirement.
5.25.020 DEFINITIONS. The following definitions shall apply to this
Chapter:
A) "Athletic, Competitive or Festival Events" means any event to
which the members of the public are invited, with or without charge, to be
conducted upon the public right-of-way, public parks, places or facilities for
the purpose of athletic events, such as but not limited to foot races, walk-a-
thons, bicycle races, sponsored walks; mechanical competitions including, but
not limited to, auto-racing, auto-cross, motor-cross or vehicle racing; and
festivals or celebrations, including but not limited to, food festivals, craft
shows, art shows and special events celebration.
B) "Concert" means any music festival, dance festival, rock festival or
similar musical activity to which music is provided by paid or amateur
performers or by prerecorded means, and to which members of the public are
invited or admitted with or without charge, membership fee or donation.
C) "Dance Hall" means any privately owned place in which a public
dance is conducted, operated, or maintained or made available on a periodic or
reoccurring basis and includes the premises in which the public dance is
conducted, operated, maintained, including but not limited to all public
parking areas, hallways, bathrooms, and other adjoining areas on the premises
accessible to the public during the dance.
D) "Demonstration" means a gathering or assembly of fifty (50) or
more people upon the public right-of-way, public park, place or facility for the
purpose of demonstrating, protesting, informing or persuading a political or
ideological point of view.
E) "Outdoor Music Festival" means any concert to be held outdoors or
outside of a walled and covered structure for the primary purpose of presenting
live or recorded music or other amplified sounds for entertainment.
F) "Parade" means an informal or formal march or procession or
movement of a body of people, vehicles or things marshaled in succession upon
the public right-of-way or public parks, places or facilities.
G) "Promoter" means any person, group of persons, association,
partnership, corporation, or firm engaged in the business of providing to any
vendor, directly, or indirectly, sales areas within a temporary special event
location for the purpose of using such location during the term of a temporary
event permit, or sponsor of an athletic, competitive or festival event, concert,
outdoor music festival, public dance, demonstration or parade.
(H) "Public Dance" means any dance held in a Dance Hall that is open to
the public and which permits the entry of any person with or without the
payment of an admission fee, membership fee or donation from any of the
persons admitted or any dance not held open to the public, but to which one
hundred (100) or more people are invited or attend, except for the following:
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1) A dance operated, held and sponsored by and for the
licensees of premises licensed for dancing pursuant to Section
5.04.160(h), provided the dance is in conjunction with the licensee's
regular business;
2) A dance operated, held and sponsored by a fraternal,
veteran, service or charitable organization which is generally recognized
as such and is registered as a nonprofit organization in the state of
Washington, by a bona fide church, or by a political party organization
eligible to be on the ballot in Washington state which is held on premises
owned or regularly leased by the organization, or which is generally
limited to members of the organization when held on premises licensed
for dancing pursuant to Section 5.04.160(h) not owned or regularly
leased by the organization;
3) A dance operated, held, or sponsored by a generally
recognized nonprofit organization registered as such in the state of
Washington when held on premises licensed for dancing pursuant to
Section 5.04.160(h) and which is part of a special function of said
organization and is not held primarily for the purposes of being a public
dance;
4) A dance operated, held or sponsored by an educational
institution either in or not in conjunction with a recognized student
group which is held on the premises of the institution attendance to
which is restricted to students and members of the educational
institution and individual guests thereof. This exception is not applicable
to dances open to members of another school not co-sponsoring it as a
joint activity or open to members of the public.
The determination of nonprofit status for organizations seeking
exemption under subsections (2) and (3), above shall be consistent with the
applicable definitions and process contained in Chapter 3.02 of this code.
I) "Sales Area" means any stall, booth, stand, space, section, unit or
specified floor area within any temporary special event location where goods
or services are offered or displayed by a vendor for the purpose of sale, trade,
barter, exchange or advertisement.
J) "Temporary Special Event Location" means an area, open to the
public, wherein vendors congregate for the purpose of participating in a
temporary special sales event.
K) "Temporary Special Sales Event" means the congregation of a
minimum of ten (10) vendors, who rent, lease, purchase or otherwise obtain a
sales area from or through a promoter for the purpose of selling, bartering,
exchanging, trading or displaying goods or services at an event which is open
to the public for a period not to exceed ten (10) consecutive calendar days.
L) "Vendor" means any person, association, group, partnership,
corporation or firm who exhibits goods or services in a temporary special event
location provided through a licensed temporary special event promoter, for the
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purpose of selling, bartering, trading, exchanging or advertising such goods or
services.
5.25.030 APPLICATION. A Special Events Permit for all events covered
by this Chapter, including demonstrations or parades, may be obtained from
the City upon application made in writing at least thirty (30) days prior to the
date on which the event is to be held, upon application forms furnished by the
City.
The application form shall include, but not be limited to the following
information:
A) Name, age, residence or mailing address of person making the
application. If the application is made by a partnership, corporation or
association, the application must be signed by the President or other
authorized officer thereof, ,and must contain the name and addresses of the
officers, managers, or partners of the entity.
B) A statement of the kind, character or type of event, which the
applicant proposes to conduct, operate or carry on. Give a general description
of the event, including the names of any performers, specific plans for the
conduct of the event, etc.
C) The address[es] and description[s] of the place[s] where the
proposed event is to be conducted, operated or carried on and the route of
travel if the event includes a parade, or utilizing multiple facilities. If the place
or the event is not a public place, the owner of the premises must provide
written consent for the site to be used for the proposed event.
D) The date[s] and hours during which said event is to be conducted.
Include planned or estimated times for event setup and takedown, as
applicable.
E) An estimate of the number of participants, spectators, customers
or other persons expected to attend said event for each day it is conducted.
F) A plat or map showing the location of the special event, including
any route of travel and the arrangement of necessary facilities including
parking, egress and ingress, fire lanes, and such other facilities as may be
necessary for the safe accomplishment of the event.
5.25.035 TEMPORARY SPECIAL SALES EVENT.
A) In addition to the application stated in Section 5.25.030 above, the
applicant for temporary special sales events shall include:
1) A list of the total number of vendors participating at the
temporary special sales event for which the permit is sought. The list
shall include the vendor's name, address and business phone number,
together with a general description of the goods and/or services offered
by each vendor.
B) Each permit issued under this Section shall be limited to the
number of days approved for operation of the temporary special sales event by
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which the permit is issued. No permit shall be effective for more than ten (10)
consecutive calendar days.
5.25.040 DANCE HALLS. In addition to the application as required in
Section 5.25.030 above, the applicant for Dance Hall operation shall submit:
A) A statement that the premises are in compliance with all City laws,
including but not limited to building, zoning, planning and fire codes, together
with attached documentation of an inspection of the premises conducted not
more than sixty (60) days prior to the date of application.
B) A statement that the applicant will, in the conduct and operation
of the Dance Hall, comply with all City laws, including, but not limited to the
Noise Control Ordinance.
C) A security plan identifying the method and qualification for
providing one (1) security officer for each one hundred (100) persons upon the
premises.
D) Description of other food, beverage, or services provided on the
premises with copies of necessary permits and licenses.
E) A statement identifying the individual entity liable for the collection
and payment of the City admission tax.
F) A signed release allowing the City of Pasco to conduct a criminal
history of the applicant, each principal, officer, or other person dealing with the
public in the conduct of the Dance Hall.
5.25.050 PUBLIC DANCE. Any public dance, other than those
conducted on the premises of a dance hall, and in addition to the application
provided in Section 5.25.030 above, shall:
A) Identify the date and time of the conduct of the public dance. A
Permit shall be required for each date and time the public dance is to be
conducted and shall only be good for the place, date and time specified in the
Permit.
B) A security plan identifying the method and qualification for
providing one (1) security officer for each one hundred (100) persons upon the
premises.
C) Description of other licensed food, beverage, or services provided
on the premises.
D) A statement identifying the individual liable for the collection and
payment of the City admission tax.
F) A signed release allowing the City of Pasco to conduct a criminal
history of the applicant, each principal, officer, or other person dealing with the
public in the conduct of the Public Dance.
5.25.060 CONCERTS, OUTDOOR MUSIC FESTIVALS AND ATHLETIC
OR COMPETITIVE EVENTS.
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A) In addition to the application required in Section 5.25.030 above,
the applicant for a concert, outdoor music festival, athletic or competitive event
shall submit an Event Facility Plan, which shall include the following:
1) The estimated number of customers, spectators or
participants expected to attend, the total number of tickets available for
sale. The number of tickets actually sold or distributed shall be provided
to public safety officials 24 hours before the event.
2) A full and detailed outline of all show requirements,
including stage, lighting, personnel, bleacher and seating requirements,
canopies, power and cable needs and locations, and illumination. A
drawing of the event site shall be included showing the arrangement of
the above facilities.
3) A plan showing the proposed location and description of the
methods of providing for the following:
a) Security and fire protection.
b) Water supplies and facilities.
c) Food supplies and facilities.
d) Sanitary facilities.
e) Medical facilities and services including emergency
medical personnel and emergency medical transport services
available.
I) A feasible plan for parking.
g) Vehicle access and onsite traffic control.
4) Contingent plans for numbers of spectators in excess of the
estimate.
5) Provisions for cleanup of the premises and removal of
rubbish.
6) Proof of premises and liability insurance in such amount and
coverage as recommended by the City's insurance provider.
B) Security plan including, but not limited to the following:
1) The name of the organization providing security including
the number of security officers, consisting of not less than one (1) officer
for every one hundred (100) anticipated persons in attendance. The
proposed security organization must be approved by the Chief of Police.
2) Coordination with the City Police Department.
3) Provisions for control of spectators in excess of the estimated
number of facility capacities and emergency vehicle access.
C) A statement identifying the individual entity liable for the collection
and payment of the City admission tax.
5.25.065 OUTDOOR MUSIC FESTIVAL-ADDITIONAL REQUIREMENTS.
A) In addition to the requirements in Section 5.25.030 and 5.25.060
above, the applicant for an outdoor music festival, shall provide the
information required by RCW 70.108.040, which includes:
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1) The name of the person or other legal entity on behalf of
whom said application is made, provided that a natural person applying
for such permit shall be eighteen (18) years of age or older.
2) A financial statement of the applicant.
3) The nature of the business organization of the applicant.
4) Names and addresses of all individuals or other entity having
a ten percent (10%) or more proprietary interest in the festival.
5) The principal place of business of applicant.
6) A legal description of the land to be occupied, the name and
address of the owner thereof, together with a document showing the
consent of said owner to the issuance of a permit, if the land be owned
by a person other that the applicant.
7) The schedule of performances and programs.
8) Names and address of any and all vendors, peddlers or
tradesmen who will conduct a business on the festival premises. All
vendors selling or distributing food items to the public must have been
approved by, and received a health permit, from the local health
department as necessary.
9) Written confirmation from the local health officer that he or
she has reviewed and approved plans for site and development in
accordance with rules, regulations and standards adopted by the state
board of health. Such rules and regulations shall include criteria as to
the following and such other matters as the state board of health deems
necessary to protect the public's health:
a) Submission of plans;
b) Site;
c) Insect and rodent control;
d) Shelter;
e) Dust control;
f) Lighting;
g) Emergency air evacuation;
h) Attendant physicians;
i) Communication systems; and
J) If it is proposed or expected that spectators or
participants will remain at night, or overnight, arrangements for
illuminating the premises and for camping or for similar facilities;
10) A written confirmation from the appropriate law enforcement
agency from the area where the outdoor music festival is to take place,
showing that traffic control and crowd protection policing have been
contracted for or otherwise provided by the applicant meeting the
following conditions:
a) One (1) person for each two hundred (200) persons
reasonably expected to be in attendance at any time during the
event for purposes of traffic and crowd control. Approved security
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personnel shall be present on-site for the two (2) hours preceding
and two hours after the scheduled event times.
b) The names and addresses of all traffic and crowd
control personnel shall be provided to the appropriate law
enforcement authority, provided that not less than twenty percent
(20%) of the traffic and crowd control personnel shall be
commissioned police officers or deputy sheriffs.
c) During the hours that the festival site shall be open to
the public, there shall be at least one (1) regularly commissioned
police officer employed by the jurisdiction wherein the festival site
is located for every one thousand (1,000) persons in attendance
and said officer shall be on duty within the confines of the actual
outdoor music festival site. The applicant shall pay the full cost of
said officer to the City in advance of the event.
d) All law enforcement personnel shall be charged with
enforcing the provisions of this chapter and all existing statutes,
ordinances and regulations.
11) A written confirmation from the appropriate law enforcement
authority that sufficient access roads are available for ingress and egress
to the parking areas of the outdoor music festival site and that parking
areas are available on the actual site of the festival or immediately
adjacent thereto which are capable of accommodating one auto for every
four persons in estimated attendance at the outdoor music festival site.
12) A written confirmation from the department of natural
resources, where applicable, and the Director of Community Services,
through the Fire Chief, that all fire prevention requirements have been
complied with.
13) A written statement of the applicant that all state and local
law enforcement officers, fire control officers and other necessary
governmental personnel shall have free access to the site of the outdoor
music festival.
14) A statement that the applicant will abide by the provisions of
this chapter.
15) The verification of the applicant warranting the truth of the
matters as set forth in the application to the best of the applicant's
knowledge, under the penalty of perjury.
5.25.070 PERMIT FEE. The application provided under this Chapter
shall be accompanied by the payment of a permit fee as follows:
A) Dance Hall. Base permit fee as provided in Section 5.04.130 and
5.04.140 of this Code.
B) Demonstrations, Parades, Public Dance. The permit fee shall be
fifteen dollars ($15.00).
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C) Concerts, Athletic and Competitive Events and Festivals. The
permit fee shall be twenty-five dollars ($25.00).
D) Outdoor Music Festivals. The permit fee shall be one hundred
dollars ($100.00).
E) Temporary Special Sales Events. The permit fee shall be twenty
dollars ($20.00) per vendor, except for businesses already holding a current
City Business License. In no event shall a total business license for such an
event exceed five hundred dollars ($500.00). The fee shall be paid by the
promoter for each vendor who intends to be included under the promoter's
temporary special sales event permit and shall be remitted by the promoter to
the City three (3) days prior to commencement of the temporary special sales
event. The promoter shall be personally responsible for all sums collected, or
any sum, which should have been collected from a vendor.
F) In the event the City is to provide either all or a portion of the
crowd or traffic control, in addition to the fee provided above, an additional fee
in the amount to be determined by the Chief of Police, which will be calculated
upon the number of police officers that must be present to provide adequate
public safety, multiplied by the current overtime hourly rate paid . for the
highest patrolman classification in effect at the time of the event for the period
of time for which traffic and/or crowd control will be necessary.
G) The permit fee (other than the City's costs for crowd and/or traffic
control) may be waived by the City Council upon application sponsored by a
bonafide nonprofit corporation, charity, religious or political organization.
No fee shall be imposed when prohibited by the First and Fourteenth
Amendments to the United States Constitution, or the Washington
Constitution. Political or religious activity intended primarily for the
communication or expression of ideas shall be presumed to be a
constitutionally protected event. Factors that may be considered in evaluating
whether or not the fee applies include: the nature of the event; the extent to
which the fee creates an unreasonable burden upon constitutionally protected
activities; the extent of commercial activity, such as the sales of goods, food,
and services; product advertising or promotion, or other business participation
in the event; the use or application of any funds raised in the conduct of
previous events sponsored by the same promoter.
H) Bond. The City may require the posting of a bond of sufficient
amount to insure the satisfactory compliance with the conditions of permit
issuance, including the costs of cleanup and repairs.
(I) Nothing herein shall relieve any promoter or applicant from
complying with all other required Federal, State, and local regulations, fees and
licensing requirements.
The permit fee shall be paid prior to the event and shall not be
refundable.
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5.25.080 PROCEDURE FOR APPLICATION APPROVAL. Applications
shall be made to the City Clerk. All applications for Permits issued under this
Chapter shall be made no less than thirty (30) days prior to the scheduled
event, except in the case of outdoor music festivals which shall be submitted
not less than ninety (90) days prior to the first scheduled day of the event. The
completed application and required documents shall be circulated by the City
Clerk for review and recommendation to the Chief of Police, the Fire Chief, and
the Community Services Director. Based upon the recommendation of the said
department heads, the City Clerk may issue a permit, deny a permit, or set
conditions, limitations or restrictions that must be met before a permit may be
granted. The City shall timely process a complete application and promptly
respond to the applicant.
The denial of any permit or the imposition of any conditions, limitations
or restrictions incident to the granting of a permit, shall be based solely upon
those requirements reasonably necessary to protect the peace, health, safety
and welfare of those both participating in the event and others using the public
facilities. No permit shall be granted, conditioned or denied based upon the
content of the applicant's stated purpose, expression of lawful speech or the
sex, marital status, race, creed, color, national origin, or the presence of any
sensorial, mental or physical disability.
If conditions are imposed, the applicant shall furnish proof that all
conditions have been met before any permit may be issued.
The permit shall be posted in a conspicuous place on the premises where
the event is conducted. No permit issued pursuant to this Chapter shall be
transferable to any entity or person other than applicant, or removed to
another location, date or time than that stated on the application.
5.25.090 APPEAL. Any person aggrieved by the issuance, denial, or
conditions imposed upon the permit, may seek review of the determination by
the City Manager within five (5) days of the determination.
At such hearing, the applicant shall have the burden of proof showing
that the determination was arbitrary, capricious, or contrary to the
requirements of this Chapter.
The determination of the City Manager shall be final unless appealed to
the City Council within ten (10) days of the City Manager's determination.
5.25.100 REVOCATION OF PERMIT. Notwithstanding any of the
provisions of this Chapter, the City may issue an emergency order revoking a
permit upon a failure to comply with the terms and conditions of the permit, or
when the Chief of Police, the Fire Chief, or the City Manager believes that such
action is necessary for the immediate preservation of the public peace, health,
safety or general welfare. The emergency order shall set forth the grounds
upon which it is based, including a statement of facts constituting the
emergency necessitating such action. The emergency order shall be effective
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immediately upon issuance and service, whether written or verbal, upon the
permitee and participants. Failure to comply with any conditions of approval
or representations made within the application documents shall be grounds for
immediate revocation of the Permit
5.25.110 CROWD AND TRAFFIC CONTROL.
A) In reviewing each application, the Police Chief shall determine the
minimum number of police officers and the number of hours for each officer to
be in attendance at the event for the purpose of providing crowd and traffic
control.
B) At the applicant's request, the Police Department shall determine
the minimum number of private security officers and the number of hours for
each officer to be in attendance at the event for the purpose of providing traffic
and crowd control. This shall be in lieu of the requirement of the City's Police
Officers. The applicant may request a computation of the number of City Police
Officers and their hours in combination with the number of private security
officers and their hours in lieu of having security provided entirely by the City
Police Department or entirely by private security officers.
C) The number, duties, and gender of police or security officers that
may be required by the Police Department for approval shall be based upon the
following:
1) The type of event and the estimated attendance;
2) The design and location of the premises;
3) The past history of disorder, criminal events and demand for
safety services associated with prior events held by the applicant, the
type of event, or the premises in which it is located;
4) The past record of the private security agency providing
crowd and traffic control for such events; and
5) The physical abilities and training of the police officers or
private security officers assigned to the event.
D) Police and Fire officials shall be provided necessary access to the
event premises. Failure to allow access shall be grounds for permit revocation.
Section 5. This Ordinance shall take full force and effect five (5) days
after its approval, passage and publication by summary as required by law.
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PASSED by the City Council of the City of Pasco, Washington and
approved as provided by law this 17' day of December, 2001.
AMA
Michael L. Garrison, Mayor
ATTEST:
Catherine D. Seaman, Deputy City Clerk Leland B. Kerr, City Attorney
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