Chapter 4.68
GABLE PARK SPECIAL EVENTS

Sections:

4.68.010    Definitions.

4.68.020    Permit – Required.

4.68.030    Permit – Application.

4.68.040    Permit application – Review, approval, denial.

4.68.050    Cash deposit or surety bond – Liability insurance.

4.68.060    Revocation of permit.

4.68.070    Adoption of rules.

4.68.080    Permit not required when.

4.68.090    Fees.

4.68.010 Definitions.

For the purposes of this chapter the following words shall mean:

(1) “Special event” or “festival” means an event which is to be conducted on public property or on a public right-of-way, and also any event held on private property which would have a direct impact on traffic congestion.

(2) “Promoter” means a person or other legal entity issued a permit to conduct a festival or special event.

(3) “Applicant” means the promoter who has the right of control of conduct of the special event or festival who applies for a permit to hold such event or festival.

(4) “City” means the city of Hoquiam.

(5) “Participate” means to knowingly provide or deliver supplies, materials, food, lumber, beverages, sound equipment, generators, musical or other entertainment to the festival site or to attend a festival. (Ord. 07-11 § 12, 2007).

4.68.020 Permit – Required.

No person or other legal entity shall knowingly allow, conduct, hold, maintain, cause to be advertised, or allow a festival or special event at Gable Park unless a valid permit has been obtained from the city pursuant to this chapter. (Ord. 07-11 § 12, 2007).

4.68.030 Permit – Application.

An applicant shall apply for a permit to the community services director at least thirty days prior to the first scheduled day of the festival or special event and a maximum of one year. The application shall include:

(1) The name of the person or legal entity who is requesting a permit. A natural person shall be at least eighteen years old;

(2) The nature of the business of the applicant;

(3) Names and addresses of all individuals or other entities having a ten percent or greater proprietary interest in the special event;

(4) The principal place of business of the applicant;

(5) The scheduled recreation, performance and/or program, including an estimate of the hours and the projected number of attendees;

(6) A site plan indicating the intended layout of the festival if applicable;

(7) The plan for parking for all attendees;

(8) Specifications for health-related issues including:

(a) Water supply;

(b) Sewage disposal;

(c) Food preparation facilities;

(d) Toilet facilities;

(e) Solid waste collection;

(f) Emergency medical facilities;

(g) Traffic and crowd control plan;

(9) If the applicant is seeking a waiver of applicable fees on the basis that the event will benefit and support the poor and infirm, a statement specifying the grounds for the waiver request;

(10) Any additional information which the city deems necessary in light of the nature of the particular event;

(11) A written statement from the applicant that states all state and local law enforcement officers, fire control officers, and other necessary government personnel shall have free access to the event at all times;

(12) A written statement from the applicant to the effect that the applicant may be responsible for any damages to the premises caused by participants or attendees of the special event, that the applicant will indemnify and hold the city harmless from any claim or lawsuit against the city of Hoquiam, its employees, officers and agents, arising out of the participation or attendance of any person at the special event, and that the applicant will obtain a liability insurance policy naming the city of Hoquiam as a named insured and submit a copy of the policy to the city’s risk manager for approval; and

(13) A statement that all matters set forth in the application are true to the best of the applicant’s knowledge under the penalty of perjury. (Ord. 07‑11 § 12, 2007).

4.68.040 Permit application – Review, approval, denial.

(1) Upon filing of the application, the community services director shall forward a copy of the application to the city administrator, fire chief, police chief, finance director, and city attorney for review and comment. Upon receipt of the comments of the city officials specified, the city administrator shall review the application and either approve or deny the application within ten days. If the application is denied, the city administrator shall make specific findings in writing stating the grounds for denial. The applicant shall have fifteen days to correct any deficiency. If the city and the applicant mutually agree to do so, the time lines provided in this section may be extended.

(2) If the applicant has filed corrections and the city administrator has again denied the permit, the applicant may seek judicial review by the city council within five days of the second denial.

(3) If the applicant is again denied the permit, the applicant may seek judicial review in Grays Harbor superior court within five days of the third denial. (Ord. 07-11 § 12, 2007).

4.68.050 Cash deposit or surety bond – Liability insurance.

(1) After the application has been approved, the promoter shall deposit a cash deposit or surety bond with the finance director in an amount determined by the city administrator that shall be used to pay costs or charges incurred to regulate health or clean up after the special event. The surety bond or cash deposit shall be returned to the promoter less any clean-up claims incurred within thirty days after the last day of the special event.

(2) In addition, the promoter shall furnish evidence that he or she has a liability insurance policy in effect in an amount of not less than one million dollars bodily injury coverage per person covering any bodily injury negligently caused by an officer or employee of the festival while acting within the performance of his or her duties. The policy shall name the city as an additional named insured.

(3) The promoter shall also furnish evidence that he or she has in full force and effect at least a one million dollars property damage insurance policy covering any property damaged due to negligence of an officer, employee, or attendee of the festival. The policy shall name the city as an additional named insured. The city may require more than one million dollars in property damage insurance if the city administrator finds that a higher amount is necessary to adequately protect city property. (Ord. 07-11 § 12, 2007).

4.68.060 Revocation of permit.

(1) A permit granted under this chapter shall be revoked summarily if the city administrator finds that because of an emergency the public peace, health, safety, or welfare can only be protected by such revocation.

(2) A permit granted under this chapter may be revoked for any material violation of this chapter or the laws of the state of Washington or Hoquiam city ordinance after a hearing held with not less than three days’ notice personally served upon the promoter or by certified mail.

(3) The permit shall not be transferred or assigned without the consent of the city. (Ord. 07‑11 § 12, 2007).

4.68.070 Adoption of rules.

The community services director, city administrator, fire chief, and police chief may adopt rules to implement the provisions of this chapter. (Ord. 07-11 § 12, 2007).

4.68.080 Permit not required when.

The permit required by this chapter shall not be required for a promoter who has been in contract negotiations with the city for a special event and has submitted a site and parking plan, security, crowd control, fire safety, and medical proposals prior to the effective date of the ordinance codified in this chapter. (Ord. 07-11 § 12, 2007).

4.68.090 Fees.

(1) The permit fee for any special event or festival shall be set by resolution of the council.

(2) In addition to the permit fee, the applicant shall pay the following fees:

(a) The actual costs to the city for traffic and crowd control if provided by the Hoquiam police department.

(b) The actual costs to the city for fire prevention, medical, and safety services if provided by the Hoquiam fire department.

(c) If public property or a public right-of-way is not adequately cleaned up following the special event or festival, the applicant shall pay the actual costs to the city for clean-up.

(3) In addition to the above fees, the applicant shall pay any applicable admissions tax owing to the city, as well as any other applicable taxes owing to the city or the state of Washington.

(4) No later than fourteen days prior to the date scheduled for the special event or festival, the applicant shall pay a deposit to the city finance director which shall consist of the total of the applicable permit fee, the estimated costs of traffic and crowd control if it is to be provided by the Hoquiam police department, and the estimated costs for fire prevention, medical and safety services if they are to be provided by the Hoquiam fire department, all as reflected in the application. Should the actual charges and costs exceed the amount of the deposit, the applicant shall immediately pay the balance upon submission of a billing statement by the city.

(5) An applicant may request a waiver of the permit fee for use of public property for a special event which benefits and supports the poor and infirm. The request for waiver must be included in the permit application, and will be approved or denied by the city administrator along with the application itself pursuant to HMC 4.68.040. In deciding whether to approve a request for a waiver, the city council shall apply the following criteria:

(a) The event will be open to all members of the public who wish to attend;

(b) The attendees will be requested to gain admission into the event through the donation of food or clothing which in turn will be donated to a food bank or similar facility which directly aids the poor and infirm, and the applicant will agree not to charge a monetary admission fee unless all proceeds are donated directly to a food bank or similar facility which directly aids the poor and infirm;

(c) The applicant must be responsible for any actual costs to the city for traffic and crowd control if provided by the Hoquiam police department, and for the actual costs to the city for fire prevention, medical, and safety services if provided by the Hoquiam fire department. (Ord. 07-11 § 12, 2007).