ORDINANCE NO. 1765-0410
AN ORDINANCE OF THE CITY OF SHELTON, WASHINGTON
AMENDING CHAPTER 5.46 OF THE SHELTON MUNICIPAL CODE,
RELATING TO SPECIAL EVENTS PERMITS
WHEREAS, the Special Events ordinance of the City of Shelton was adopted in 1997, and is in
need of amendment to conform the changing legal, social, and economic landscape.
NOW, THEREFORE, the City Commission of the City of Shelton, State of Washington does
hereby ordain as follows:
Section 1.
Shelton Municipal Code Chapter 5.46, Special Events Permits, is hereby amended to read as follows:
Sections:
5.46.010
5.46.020
5.46.030
5.46.040
5.46.050
5.46.060
5.46.070
5.46.080
5.46.090
5.46 .010
Definitions.
Administration.
Permit required.
Exemptions.
Applications.
Issuance of permit.
Revocation.
Appeal.
Penalties.
Definitions.
“Special event” means any activity which attracts, seeks to attract, or otherwise generates or causes
a number of participants or spectators, for a particular and limited purpose and time, to gather. Special
events include, but are not limited to: fun runs, roadway foot races, bike-a-thons, parades, street fairs,
sidewalk sales, circuses, carnivals, shows, exhibitions, festivals, fairs and other events that will
extraordinarily impact or obstruct public right-of-ways, public property or public services, or
extraordinarily impact the travel or daily experience of Shelton citizens.
“Special event of a time-sensitive nature” shall mean any special event involving constitutionallyprotected speech, including but not limited to rallies, protests or vigils addressing pressing political,
religious or social issues, the organizers of which could not have reasonably anticipated the need for such
event in advance of the permitting timeline established by SMC 5.46.050.
5.46.020 Administration.
The regulation of this chapter shall be under the supervision of the city administrator; provided,
however, that the city administrator may delegate the duty of enforcing the provisions of this chapter to
other designees. The city administrator or designee may adopt written procedures for the purpose of
carrying out the provisions of this chapter, provided that said determinations are not contrary to this chapter.
5.46.030
Permit required -- Fee.
A. No person shall hold or conduct any special event, governed by this chapter, without first
obtaining a special event permit.
B. The City may charge a fee for a special event permit per the City fee schedule adopted annually
by the City Commission.
5.460.040
Exemptions.
A.
This chapter shall not apply to localized, non-commercial special events held in
residential areas zoned for single-family residential use, such as neighborhood gatherings or barbeques, , so
long as the streets, public sidewalks and other byways remain reasonably unobstructed for ordinary
vehicular and pedestrian travel. ; provided, however, that such events are subject to immediate abatement by
the City if they violate any provisions of the criminal codes or endanger the public health, safety, and
welfare, and the costs of abatement may be charged to the participants in the event.
5.46.050
Applications.
A.
Applications shall be made to the city on a form prescribed and provided by the city. The
application shall contain such information as the city deems necessary, which may include, but not be
limited to:
1.
Evidence that the applicant is either the owner or entitled to possession of any
property which is not public area, to be used;
2.
A full and complete description of the special event;
3.
The use to be made of any public area by the applicant; and
4.
The duration of the special event and proposed use.
B.
Applications for special event permits shall be submitted to the city no later than twenty
calendar days prior to the proposed event. The city administrator may waive this time limit for special
events of a time-sensitive nature, as defined in SMC 5.46.010.
5.46.060
Issuance of permit.
A.
Upon receipt of a complete application, the city administrator or designee shall either
issue or decline to issue said permit within ten working days of the date of receipt of the complete
application. The city administrator or designee shall expedite permit applications for special events of a
time-sensitive nature, as defined in SMC 5.46.010, and shall endeavor to issue or decline permits for such
events in time to facilitate the meaningful sponsorship of the event, if reasonably possible.
B. The permit shall be issued to the applicant conditioned upon the applicant’s written agreement
to comply with the terms of such permit as determined by the city. The terms of a special event permit, and
the city’s consideration, shall include, but are not limited to, the following:
1.
The time, hours, locations, and size of the special event.
2.
Measures necessary to mitigate the disruption or impedance of the movement of
traffic within the city, for example, the use of traffic cones or other devices approved under the Manual for
Uniform Traffic Control Devices (MUTCD).
3.
Evidence that the location or type of the special event will not cause undue
hardship for neighboring businesses or residents.
4.
Provisions governing structures temporarily erected as a part of the special event
to prevent encroachment into or over any portion of the public space that is open to vehicle or pedestrian
travel in such a manner as to endanger vehicles or pedestrian travel.
5.
In the event the special event involves encroachment or partial obstruction of a
sidewalk or other walkway open to the public, a minimum of three feet of unobstructed sidewalk or other
protected walkway shall be maintained at all times.
6.
The applicant agrees to indemnify, hold harmless and defend the city, its
officers, agents and employees from any and all claims, losses or liability of whatever nature that may arise
out of or in any way connected to the applicant’s special event. Applicant shall provide written proof of
insurance coverage satisfactory to the city prior to obtaining said permit.
7.
The applicant remits all fees, charges, deposits, taxes, insurance or bonds which
may be required by the city in a timely fashion.
8.
The applicant meets such other conditions as are imposed by the city to
reasonably assure that the special event does not in any way create a likelihood of endangering those who
are lawfully using the public place or right-of-ways.
B.
The city reserves the right to impose special conditions based upon the particular
circumstances of each special event, including, but not limited to, the permittee employing city police
officers to direct, block or control pedestrian or vehicular traffic; the use of sanitation and solid waste
disposal facilities; restrictions on amplified sound; reasonable advance notice to adjacent property owners
regarding the event and its anticipated effect on surrounding streets and properties; pre-event street-closure
signage and a traffic re-routing plan.
5.46.070
Denial of Permits.
The city may deny a special event permit if:
A. The special event would require the diversion of so many police officers that it would
unreasonably affect police protection for the remainder of the city and its residents; or
B. The special event would interfere with access for police, fire prevention, emergency and/or
medical services, and the permittee is unwilling or unable to modify the event to facilitate access; or
C. The special event obstructs a public sidewalk or walkway, and a special event permit has
already been issued for another event that would obstruct the same portion of the sidewalk within the same
sixty day period, unless all adjacent property owners have submitted written permission; or
D. The permittee supplies false or incomplete information on the permit application; or
E. It is evident that the permittee is unable or unwilling to comply with the permit conditions; or
F. The activity contemplated for the event would violate criminal laws.
5.46.080
Revocation.
A.
All permits issued pursuant to this chapter shall be temporary, shall vest no permanent
right in the applicant and may be revoked by the city as follows:
1.
Immediate revocation in the event of a violation of any of the terms and
conditions of the permit, or if the city learns after the issuance of the permit information which would have
resulted in the denial of the permit under SMC 5.46.070;
2.
Without notice in the event such use shall become, for any reason, dangerous or
any structure of obstruction permitted shall become insecure or unsafe;
B.
If any use or occupancy for which the permit has been revoked is not immediately discontinued,
the city may remove any such structure or obstruct or cause to be made such repairs upon the structure or
obstruction as may be necessary to render the same secure and safe, assess all costs and expense of doing
so against the permittee, including all professional fees associated with enforcement of the collection of the
same.
5.46.090
Charges for use of city services.
The city may charge reasonable fees for use of any city services required by the event, including but not
limited to police and fire services, solid waste disposal services, and staff time for set-up and clean-up. The
city may also charge a refundable deposit to cover costs for damage and clean-up.
5.46.0100
Appeal.
Any decision of the city administrator or his designee with respect to the issuance or refusal to issue a
permit or his revocation of or his refusal to revoke a permit may be appealed to the city commission by
filing a letter of appeal stating the reasons for the appeal of such decision, with the city clerk within five
working days of the date of issuance of the decision being appealed. The city commission shall review the
appeal and issue a final decision within ten working days of the date of the filing of the appeal. Provided,
however, that if the appeal is of a decision related to a special event of a time-sensitive nature pursuant to
SMC 5.46.010, the city commission shall issue a final decision at the next regular meeting.
5.46.0110
Penalties.
A.
Criminal Penalty. Any person who willfully violates, disobeys, omits, neglects or refuses
to comply with or resists the enforcement of this chapter or its provisions shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be punished by a fine of not in excess of one thousand
dollars or by imprisonment in the jail for not to exceed ninety days or by both such fine and imprisonment.
Each day that a violation exists shall constitute a separate offense.
B.
Civil Penalty. In addition to the foregoing criminal remedy, the violation of any of the
provisions of this chapter may be deemed by the city to be a nuisance and threatening to the health and
safety of the citizens of Shelton. The city may utilize any civil remedy available to it under the laws of the
State of Washington to enforce these provisions, including injunctive relief and the issuance of a Civil
infraction notice pursuant to RCW 7.80. Furthermore, any person violating any of the provisions of this
chapter may become liable to the city for any direct or indirect expense, loss or damage occasioned the city
by reason of such violation.
Section 2.
Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared
unconstitutional or invalid for any reason, such invalidity shall not affect the validity or effectiveness of the
remaining portions of this ordinance.
Section 3.
Savings Clause. Chapter 5.46 of the Shelton Municipal Code shall remain in full force and effect until such
date as this ordinance becomes effective.
Section 4.
Effective Date. This ordinance shall take effect thirty days after passage, approval, and publication as
required by law.
INTRODUCED in a regular Commission meeting on the______day of_______ , 2010.
ADOPTED in a regular Commission meeting this______day of_______________
2010.
Mayor Tarrant
Commissioner Byrne
ATTEST:
Commissioner Pannel
CITY CLERK
,