ORD 2002-33 PARADES, PROCESSIONS & ASSEMBLIES
ORDINANCE NO. 2002-33
AN ORDINANCE of the City of Bainbridge Island, Washington,
regulating parades, processIOns and assemblies; repealing
Chapter 12.06; and adding a new Chapter 12.06 to the
Bainbridge Island Municipal Code.
WHEREAS, the City desires to replace former Chapter 12.06 of the Bainbridge
Island Municipal Code with a new code chapter to better address the circumstances and
concerns relating to the use of public property for special events and the issuance of
special event permits; now, therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1: Chapter 12.06 of the Bainbridge Island Municipal Code is hereby
repealed.
Section 2: A new Chapter 12.06 is added to the Bainbridge Island Municipal
Code as follows:
PARADES AND ASSEMBLIES
12.06.010 Purpose.
The purpose of this chapter is to provide for the issuance of special event permits
for parades, processions and other assemblies occurring on public property; to regulate
events on the City's public streets and public property to protect the public's health,
safety and welfare; and to provide for the fees, charges, and procedures required to
administer the permit process.
12.06.020 Definitions
A. "Parade", "assembly" and "procession" means any parade, march,
ceremony, show, exhibition, pageant or procession of any kind, or any similar display or
gathering, in or upon any street, park or other public place in the city, which would have
a direct impact on traffic flow or congestion or the public's ability to use public streets,
parks or other public places, or which would significantly impact the need for City-
provided emergency services. "Parades", "assemblies" and "processions", as referenced
herein, shall include, but are not limited to, traditional parades, fun runs, roadway foot
races, [undraising walks or runs, auctions, bikeathons, parades, carnivals, shows or
exhibitions, filming/movie events, circuses, block parties and street fairs.
1
-- -~ >.-._._- ,.._---.--. .. T
B. "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
any use related to parades or processions.
12.06.030 Permit Required
Any person desiring to conduct or sponsor a parade, assembly or other procession
in the city shall first obtain a special event permit from the chief of police or other
designated city official. No person shall conduct or knowingly participate in a parade,
assembly or procession that has not been granted a special event permit.
12.06.040 Permit Application
A. A special event permit may be obtained by submitting, on a form supplied
by the city, an application to the Chief of Police or other designated city official at least
30 days prior to the proposed event date; provided, that an application for a special event
permit which is filed less than 30 days prior to the proposed event date may be
considered upon a showing of good cause. For purposes of this Section, "good cause"
means that, in the city's risk manager's opinion, the appropriate city official(s) have
sufficient time to process and investigate the application and to obtain police and/or other
city services for the proposed event, and/or that the circumstances giving rise to the
permit application did not reasonably allow the applicant to file within the time
prescribed.
B. The application for a special event permit shall be made in writing, on a
form approved by the city. In order that adequate arrangements may be made for the
proper protection of the parade, procession or assembly, the permit application shall
contain the following information:
1. The name of the applicant, the name of the organization
sponsoring the parade, procession or assembly, and the addresses and telephone numbers
of each.
2. The purpose of the parade, procession or assembly, the date when
the parade, procession or assembly is proposed by be conducted, the proposed location of
the parade, procession or assembly area; the estimated number of participants; the
location of the disbanding area; the proposed route to be traveled and the approximate
time that the parade, procession or assembly with assemble, start and terminate.
3. Any description of the individual floats, marching units, vehicles
and bands, including a description of any sound amplification equipment to be used.
2
-. ~ _. ._---- ,..-.---..-.-. ... T 0-
4. Such other information as the Chief of Police may deem
reasonably necessary to protect the public health, safety or welfare.
12.06.050 Exemptions from Permit Requirement
Notwithstanding the requirements of BIMC 12.06.030, a special event permit
shall not be required for the following activities:
A. Parades, athletic events or other assemblies that occur exclusively on city
property and are sponsored or conducted in full by the city. In such instances, the
appropriate city official shall conduct an internal review process to ensure that the
policies and purposes of this Chapter 12.06 BIMC are met;
B. Funeral and wedding processions;
C. Groups required by law to be so assembled;
D. Gatherings of less than 30 people assembled in a city park for a common
purpose, unless such gathering is for the purpose of offering merchandise or services for
sale or trade.
E. Activities of state and federal governmental agencies, including military
units, which are performed within the scope of such agency's duties and functions.
12.06.060 Permit Issuance
The Chief of Police or other designated city official shall act upon a timely and
complete application for a special event permit within 14 days after the complete
application is filed with the city. A timely and complete application for a special event
permit shall be approved upon the applicant's written acceptance of the permit terms and
conditions of this Chapter 12.06 BIMC, unless grounds exist for denying the permit
pursuant to BIMC 12.06.060. The Chief of Police or other designated official shall notify
the applicant in writing of the determination on the application, and shall set forth any
additionally imposed permit conditions, or the grounds for denial, if applicable. If an
application is denied, the Chief of Police or other designated official shall further notify
the applicant in writing of the applicant's right to appeal the conditions or denial of the
permit pursuant to BIMC 12.06.080.
12.06.070 Grounds for Denial or Revocation of Permit
Approval of a special event permit may be denied and/or revoked if, the Chief of
Police or designated city official, reasonably determines that:
A. The proposed event would endanger public safety or health;
3
-, -" ... , ---.--.- .._-~_...- T -
B. The proposed event would seriously inconvenience or impair the general
public's use of public property, services or facilities;
C. The proposed event interferes with another parade, procession or assembly
for which a permit has previously been issued or requested;
D. The applicant fails to submit a timely and complete the application form
after having been notified that additional information and/or documents are required;
E. Information contained in the application, or supplemental information
requested from the applicant, is found to be false in any material detail;
F. The applicant refuses or fails to agree to abide by, or comply with, all of
the conditions and terms of the permit;
G. The location of the proposed event will substantially interfere with any
construction or maintenance work scheduled to take place upon or along public property
or right-of-way, or a previously granted encroachment permit;
H. The proposed event is scheduled to occur at a route or location adjacent to
a school or class during a time when such school or class is in session, and the noise
created by the activities of the event would substantially disrupt the educational activities
of the school or class;
1. The purpose of the proposed event is to incite crime or the overthrow of
the government by force or promote terrorism; or
J. The applicant refuses or fails to remit all customary and reasonable fees,
charges, deposits, insurance or bonds, if any, required by the city for the use of the public
place that is the subject of the permit application.
12.06.080 Content of Permit
Each special event permit that is issued by the City shall specify:
A. The assembly area for the parade, procession or assembly, and time therefore;
B. The starting time of the parade, procession or assembly;
C. The minimum and maximum traveling speeds of the participants of the
parade, procession and assembly;
D. The route of the parade, procession or assembly;
4
-. ~""'-"'- ~...---_._- .--.--". . i -
E. The portions of the street or other public area to be traversed and which may
be occupied by the parade, procession or assembly participants;
F. The maximum number of units and the maximum and minimum intervals of
space to be maintained between the units of the parade, procession or assembly;
G. The maximum length or area of the parade, procession or assembly;
H. The disbanding area of the parade, procession or assembly, and the disbanding
time therefore;
1. The number of persons required to monitor the parade, procession or assembly;
J. The number and type of vehicles used in the parade, procession or assembly;
K. That the materials used in the construction of floats used in the parade,
procession or assembly shall be of fire-retardant materials and shall be subject to such
requirements concerning fire safety as may be determined by the Fire Chief;
L. That the permitee shall advise the participants in the parade, procession or
assembly of the terms and conditions of the permit prior to the commencement of such
special event;
M. Any willful delay or willful stopping of the parade, procession or assembly,
except when reasonably required for the safe and orderly conduct of the special event or
due to breakdown or accident, shall constitute a violation of the permit.
N. That the vehicles and floats used in the parade, procession or assembly shall
be subject to a safety inspection by the City Police Department and such vehicles and
floats may not participate in the parade, procession or assembly until they have
successfully completed such inspection.
O. Such other requirements as are found by the Chief of Police to be reasonably
necessary for the protection of persons or property.
12.06.090 Indemnification Agreement
Before a special event permit may be issued, the permit applicant and authorized
officer of the sponsoring organization must agree to 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.
12.06.100 Insurance
5
_.. . - _..._..- '..-.---,.-^ - T -
The following insurance shall be required in connection with the issuance of
special use permits which involve the use of motor vehicles, horses or other animals,
other than dogs or cats, or the use of fireworks or other incendiary devises:
$1,000,000 commercial general liability insurance per occurrence combined
single limits, $2,000,000 aggregate, unless waived by designated city official.
The Chief of Police or designated city official is authorized and directed to require
written proof of such insurance prior to permit issuance. The insurance policy shall be
written on an occurrence basis, shall name the City as an additional insured, 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,
and shall contain a provision prohibiting cancellation of the policy except upon thirty
(30) days written notice to the City.
12.06.110 Fees and Deposits
A. Application Fee: A nonrefundable permit processing fee will be charged
in accordance with the City's Fee Schedule.
B. Clean Up Deposit: The applicant or sponsoring organization of a special
event involving the sale of food or beverages for immediate consumption, the erection of
structures, the use of horses or other animals, other than dogs and cats, or the use of
fireworks or other incendiary devises, will be required to provide a clean-up deposit prior
to the issuance of a special event permit, in an amount reasonably anticipated to be
incurred in removing debris or litter caused by such special event, as determined by the
City. The clean-up deposit may be returned after the special event if the applicant or
sponsoring organization cleans and restores the area used for the permitted event 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 clean-up deposit shall be applied toward the City's
costs in cleaning up the permitted area with either City employees or contracted services
at the City's sole discretion.
12.06.120 Appeal Procedure
The applicant shall have the right to appeal a denial of a special event permit, or a
condition imposed thereby, including the amount of fees or cleanup deposits imposed
pursuant to BIMC 12.06.100, or a determination that the applicant's Certificate of
Insurance does not comply with the requirements ofBIMC 12.060.090. A written notice
of appeal shall be filed within 10 days from the date of the denial or conditional approval.
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 30
6
-, ~. .- _....~_. .--..--... . T
days after receipt of a timely and proper notice of appeal. The decision of the City
Council on the appeal shall be final.
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 the applicant's
option, request that the City Administrator hear the appeal. The City Administrator shall
hold a hearing no later than five business days after the filing of the appeal and shall
render a decision no later than one business day after the hearing on the appeal is closed.
If the appeal is requested and heard before the City Administrator, the City
Administrator's decision shall be final.
12.06.130 Violation - Penalty
Any person or organization violating the provisions of this chapter shall be guilty
of a misdemeanor, and upon conviction thereof, shall be subject to a penalty of a fine of
not more than five hundred dollars or by imprisonment of not more than ninety days, or
both such fine and imprisonment.
Section 2. This ordinance shall take effect and be in force five days from and
after its passage, approval and publication as required by law.
PASSED by the City Council this 11th day of December, 2002. I
APPROVED by the Mayor this 12th day of December, 2002. I
ATTEST / AUTHENTICATE:
~CP/~
s<tsan P. Kasper, City Cler
APPROVED AS TO FORM:
Rod P. Kaseguma, City Attorney
FILED WITH THE CITY CLERK: December 4, 2002 I
COUNCIL: December 11, 2002
7
-' ~"""- -- ..----,..... - T -
PUBLISHED: December 18. 2002
POSTED: December 18,2002
EFFECTIVE DATE: December 23, 2002
ORDINANCE NO.: 2002-33
8
_"w'. ~ -.-. . _,___.._.." .u___.._ T -