Chapter 5.30
SPECIAL EVENTS
Sections:
5.30.010 Definitions.
5.30.015 Exemptions.
5.30.020 Permit required.
5.30.030 Permit application.
5.30.040 Permit fees.
5.30.050 Restrictions on issuance of permits.
5.30.060 Site regulations.
5.30.070 Repealed.
5.30.075 Suspension or revocation of permit.
5.30.080 Right of appeal.
5.30.090 Limitation on number of outdoor events and maximum time period.
5.30.095 Repealed.
5.30.100 Exercise of police power.
5.30.110 Violation – Penalties.
5.30.010 Definitions.
For purposes of this chapter, the following terms, words, and phrases shall have the following meanings:
A. “Emergency response plan” means a plan detailing the expected actions of event management in the case of emergencies, which shall be provided, discussed, and approved by the designate from the police and fire departments. This plan will include, but is not limited to, ingress and egress for emergency equipment and personnel, venue evacuation, crowd control, emergency media relations and pre-identified decision makers for the event.
B. “Fire marshal” means the city of Lynnwood fire marshal or his/her designee.
C. “Person” means an individual, corporation, partnership, incorporated or unincorporated association, organization, or other entity or group of persons, however organized.
D. “Private” or “private event” means an event where persons are specifically and individually invited. It does not include an event where tickets, invitations, or announcements are available to the public.
E. “Public” or “public event” means an event open to the public, and includes an event where tickets, invitations, or announcements are available to the public.
F. “Security” means employees, or other hired personnel, dedicated to maintaining order and ensuring compliance with the laws of the state of Washington and ordinances of the city of Lynnwood.
G. “Site(s)” has the same meaning as set forth in LMC 21.02.175 as now or hereafter amended, and in addition means:
1. A main building, including any accessory buildings or structures, and all associated land areas; or
2. A group of buildings or uses which are developed, owned, or managed as an operating unit (e.g., shopping mall or shopping center, business park, multiple-family complex whether comprised of separately leased or separately owned premises or buildings) and all associated land areas; or
3. In the case of undeveloped property, a land area under common ownership, whether the land area is comprised of one lot, a combination of contiguous lots, or contiguous fractions of lots.
H. “Special event” means any fair, show, festival, exhibition, party, rodeo, animal show, promotion, entertainment, tournament, farmers’ market, parking lot sale, tent sale, or any other temporary activity of like character, which is conducted, in whole or in part, outdoors on a specific property or properties.
I. “Tent(s),” “canopy(ies)” and “temporary membrane structure(s)” have the same meanings as set forth in the current editions of the fire and building codes as adopted by the city. (Ord. 2558 § 1, 2005; Ord. 2194 § 1, 1998; Ord. 1906 § 7, 1992)
5.30.015 Exemptions.
A. The following events or activities are exempt from the provisions of this chapter:
1. Special events and parades sponsored by the city of Lynnwood.
B. The following events or activities are exempt from the provisions of this chapter; provided, that such events do not advertise the event on signs that are visible from a street or other public property:
1. Special events which are conducted within an enclosed shopping mall during regular shopping hours, including those outdoor areas that are predominantly not visible from a public right-of-way; are in an area predominantly used by pedestrians; and are part of a larger site, as defined in LMC 5.30.010, that has at least 50 acres of area.
2. Activities conducted at an educational or religious facility, which are sponsored by and related to the usual activities of such facility.
3. Any regularly organized or reserved use of the city’s parks or recreation facilities when a permit has been obtained from the parks department pursuant to its rules and regulations, except:
a. Commercial events; and/or
b. Special events and parades which are open to the public and not regularly organized or reserved are not exempt.
An example of a regularly organized or reserved use is athletic competitions or events; for example, baseball leagues and handball tournaments. An example of a commercial event would include a radio station-sponsored promotional event at a park, but would not include a company picnic.
An example of an event which is open to the public and not a regularly organized or reserved use of a park would include a rally or picnic for owners of a particular car type where announcements are made inviting the public or owners in general.
c. A private event in a residential zone or public park where less than 100 persons are present or invited to attend.
d. Funeral processions. (Ord. 2768 § 1, 2009; Ord. 2558 § 2, 2005)
5.30.020 Permit required.
It shall be unlawful for any person to operate, conduct, transact, exercise, engage, participate in or carry on, either directly or indirectly, within the corporate limits of the city, a special event, parade or activity for which a permit is required as specified in this chapter or applicable city rules and regulations, without first procuring such permit and paying such permit fee as is required by this chapter or applicable city rules and regulations. A special event permit is nontransferable. A report will be prepared annually for the city council documenting the permits that were issued in the previous calendar year, including a report on any problematic events. (Ord. 2558 § 3, 2005; Ord. 2194 § 1, 1998; Ord. 1906 § 8, 1992)
5.30.030 Permit application.
A. Before anyone shall operate or conduct any special event, he/she shall submit a complete written permit application to the finance director’s office and pay all applicable permit fees at least 21 business days before the event. In no event shall an application be accepted or processed if received by the city less than 21 business days before the proposed event, except that an application that is received by the city at least 10 business days prior to the event shall be accepted if the applicant states in writing that he/she waives any rights to appeal a decision on the application, as provided in LMC 5.30.080. Any special event permit application submitted less than 10 business days before the event will be denied.
Before the finance director’s office issues a permit, the permit application shall be processed and recommendations for approval by any city department that may be appropriate under the circumstances. The finance director shall issue or deny a permit application that has been submitted at least 21 days before the event by no later than 10 business days before the scheduled special event.
B. The permit application shall specify:
1. The name of the person(s), firm(s) or corporation(s) which will use the structure or area and operate or manage the activity;
2. The location of the principal place(s) of business of such person(s), firm(s) or corporation(s);
3. The names and addresses of the business owners and managers, or in the case of a corporation, the names of the officers and directors;
4. The dates and times during which the permit is intended to be used, the estimated number of persons expected to attend daily and the number of persons expected to operate the activity on a daily basis;
5. If any tents or canopies are to be used in connection with the activity, an indication of the number and size thereof. If such structure(s) are to be used, the fire marshal shall be responsible for approving the structure (See Chapters 9.04 and 9.10 LMC). Information provided pursuant to this section shall be deemed to constitute an application to erect a tent. The fire marshal’s approval of an application for a permit to conduct or operate a special event using such structure(s) shall be deemed to constitute the tent permit;
6. If any signage is proposed to be used, the number, type, location, size, manner of placement, materials and a description of the sign or banner’s purpose and function in relationship to the staging, conduct or operation of the special event for all such signs. A detailed drawing of all such signage shall also be provided, including its dimensions and lettering;
7. A scaled plot plan, showing the location of all outdoor structures and activities, including the location of all proposed tents or canopies, if any; all existing buildings on the same site and an indication of the type of occupancy and/or use of existing buildings and the net floor area or the dimensions of each existing building; required parking stalls and an indication of any parking stalls which will be blocked or covered by any structure or activity; distance from streets and property lines; fire lanes; and nearest fire hydrant;
8. A floor plan, at a scale of not less than one foot to one-eighth inch, of any building, tent, canopy, or other structure which will be used in connection with the activity. The floor plan shall include the location of all exits and seating capacity;
9. A certificate of flame-proofing for any tent, canopy or temporary membrane structure to be used in connection with the activity;
10. An estimate from the owner of the site, or his/her authorized agent, of the need for parking for the event;
11. A proposed security plan for the event; and
12. Such other and further information as any city department processing the application deems necessary in the interest of the public health, safety and welfare to enable it to review the application.
C. The permit application shall be signed by the owner(s) of all the properties upon which the activity will occur, or his/her authorized agent and by the applicant and shall contain the agreement specified in LMC 5.30.060(A)(3). Failure to sign the agreement shall be grounds for disapproval of the application.
D. Multiple Events. The city will consider a single application for repeating special events commencing during a calendar year if the activities are identical in design, duration and activity and a complete schedule of activities for the calendar year is provided at the time of application. (Ord. 2558 § 4, 2005; Ord. 2455 § 1, 2003; Ord. 2194 § 1, 1998; Ord. 1906 § 9, 1992)
5.30.040 Permit fees.
A. Permit Fee.
1. The proprietor or authorized agent of every special event shall pay at the time of permit application a permit fee as shown in Chapter 3.104 LMC.
2. The permit fee for repeating special events requested under a single application shall be as shown in Chapter 3.104 LMC.
3. The city shall assess a surcharge of 50 percent of the fee if the completed application is submitted less than 21 business days but at least 10 business days before the event date.
4. Fees for use of the city’s parks or recreation facilities shall be set and collected by the city parks department.
B. Nonprofit Exemption. Activities regulated by this chapter which are sponsored, operated, and managed by a bona fide charitable or nonprofit organization or entity, as defined by LMC 5.04.050(A), are exempt from the payment of any fees provided herein.
C. Security and Litter Deposit.
1. Prior to issuance of any special event permit for an outdoor event, a security deposit in the amount of $250.00 shall be submitted to the city finance director as security for the cleanup of all litter resulting from any activity connected with the event.
2. In the event the permittee fails to clean up all litter on any public or private property which results from any event conducted by the permittee within 24 hours after the end of the event, the city may cause such litter to be cleaned up and pay the costs of the cleanup out of the security deposit. The cleanup of litter resulting from the event pursuant to this provision shall be limited to litter occurring within a one-block radius of the location of the event unless the litter is clearly identified with the event. If the cost of the cleanup exceeds the amount of funds on deposit, the permittee shall pay such excess costs.
3. A security deposit in the amount of $250.00 shall be submitted prior to issuance of a permit for repeating special events covered by a single application. In the event that cleanup costs are assessed for any instance of a repeating special event, additional funds must be deposited with the city finance director, such that the deposit in the amount of $250.00 is available to cover subsequent instances of the permitted repeating special events. Such deposit will be retained in full until the final event has concluded and any applicable cleanup costs have been assessed.
4. Upon termination of all activities authorized by a special event permit for an outdoor event and cleanup of all litter resulting from such an activity, the remainder of all funds deposited as security for litter cleanup shall be refunded to the permittee without interest.
D. Fee Refunds. If an application for a permit hereunder is denied by the city or withdrawn by the applicant, 50 percent of the permit fee paid at the time of application shall be returned to the applicant.
E. Special Costs. In addition, the applicant shall be responsible for any special costs, plus 15 percent administrative fee. Special costs may include wages, benefits and supplies required to provide police, fire or other public services required as a result of the event. (Ord. 2699 § 15, 2007; Ord. 2656 §§ 1, 2, 2006; Ord. 2558 § 5, 2005; Ord. 2194 § 1, 1998; Ord. 1906 § 10, 1992)
5.30.050 Restrictions on issuance of permits.
A. Permits issued to businesses for special events will only be issued to resident business license holders in the city of Lynnwood. Special events that occur in commercial or industrial districts shall not be issued a permit unless the activity will occur on the developed premises of a Lynnwood resident business license holder.
B. Permits for special events on retail sites shall not be issued unless the community development director determines that there will be adequate parking available on the site for both the temporary and permanent uses on the site, as well as adequate parking lot circulation. If parking and parking lot circulation will be adequate, the community development director may approve temporary parking arrangements that vary from the requirements of LMC Title 21; provided, that any outdoor activity should not displace more than 10 percent of the code-required parking for the site.
C. Permits for special events at retail sites shall not be issued for:
1. Any dates from Thanksgiving through January 5th; and
2. Dates during which an approved fireworks stand, if located on the site, is authorized by state law to remain, except if the fireworks stand is located at least 300 feet away from where the special event takes place.
D. The departments and officials processing an application for permit may impose reasonable conditions, based on consideration and mitigation of the factors in subsection (E) of this section, upon the issuance of such a permit in addition to the regulations of this chapter. Such conditions shall be endorsed upon or attached to the permit. Such conditions may include:
1. Requirement for liability insurance with coverage of not less than $50,000 and $1,000,000 for bodily injury liability for each person and occurrence, respectively, and not less than $50,000 for property damage for each occurrence. The city shall be a named insured on such policy. The insurance policy certificate shall also name each rider covered by that policy. Satisfactory proof of such insurance coverage shall be provided to the finance director and said policy shall be subject to written approval of the city attorney; and
2. Requirement for uniformed on-duty or off-duty law enforcement officer(s) to be on duty during all hours of the event.
E. Permission to operate an activity subject to this chapter may be refused whenever the applicant is unable to comply with the requirements of this chapter and all other applicable state and city laws and regulations, or if such event or activity would result in, create or constitute any of the following:
1. A significant increase in traffic volumes, which may adversely affect vehicular and pedestrian safety;
2. Potential crowd control problems dangerous to the well-being of the public;
3. Noise in violation of city noise regulations (Chapter 10.12 LMC);
4. Exposure of the public to potential loss due to con games and other fraudulent schemes; or
5. Conditions detrimental to the health, safety and welfare of the public. (Ord. 2558 § 6, 2005; Ord. 2194 § 1, 1998; Ord. 1906 § 11, 1992)
5.30.060 Site regulations.
A. General Regulations. All activities subject to the provisions of this chapter shall comply with all applicable city laws, rules and regulations, and the following requirements:
1. Emergency lanes shall be provided for fire fighting equipment and aid cars as required and approved by the fire marshal.
2. If required by the permits and inspections division, adequate guard rails, fences, ropes or other barricades shall be installed or provided at approved locations to ensure the safety of the public.
3. All permit applicants and the owner(s) or authorized agent of the site(s) upon which the activity will occur or is being staged shall execute, at the time of application, an agreement in form acceptable to the city holding the city of Lynnwood harmless from any liability arising from the permitted activity and agreeing to abide by any conditions imposed upon the permit, the provisions of this chapter and the laws, rules and regulations of the city.
4. No gambling or games of chance shall be permitted on the grounds of, or in connection with, any activity regulated by this chapter.
5. No deviation from the plot plan(s) and/or route plans submitted with the application shall occur unless approved in writing by the appropriate city official(s).
6. Ingress and egress to all properties involved in the activity and adequate parking lot circulation shall be maintained at all times.
7. All properties on which the activity is occurring shall be maintained free of litter from such activity and, if it is causing litter on adjoining property, the proprietor or manager of the activity shall be responsible for cleanup of such adjacent property if so requested by the owner or manager thereof.
8. All businesses shall record all sales taxes for all sales that occurred in Lynnwood as a result of the permitted special event.
9. Notwithstanding any provision of the Lynnwood Municipal Code, the community development director is authorized to allow a bona fide charitable or nonprofit organization or entity, as defined by LMC 5.04.050(A), that sponsors, operates and manages a special event that has been permitted under the provisions of this chapter, to display a maximum of 10 banners and other signs, appropriate to the special event, even though such signage may be off-site. Balloons and other inflatables are prohibited. Banners, tents and outdoor displays shall be set back at least 30 feet from any public street. Portable signs (such as A-frame signs) shall not exceed eight square feet per side. Off-site portable signs (such as A-frame signs) shall be allowed only on the day of the event. In reviewing an application for banners and other signage under this provision, the community development director shall consider the following factors:
a. The sign(s) and/or banner(s) will not be material detrimental to the public health, safety or welfare, nor injurious to property or improvements in the immediate vicinity of the temporary sign;
b. Hours of use will not cause noise, light or glare which adversely impacts surrounding uses; and
c. All signs in public places and their supports shall be reviewed as to structural strength and quality of materials, and placement by the building official or other appropriate city official.
The community development director may authorize the placement of signage for up to three weeks prior to the beginning of the special event. All permitted signage shall be removed at the permittee’s sole expense within five business days of the completion of the special event. The permittee may be required to pay a deposit in an amount not to exceed $25.00 per sign to cover the cost of signage removal, including disposal, in the event the signage is not timely removed by the permittee. The permittee may be required to meet such other terms and conditions as are appropriate considering the risks, liability, location, number and type of signage requested. The placement, maintenance, and removal of all such signage is the sole responsibility of the permittee. The provisions of this section regulating special event signage and the provisions of the city zoning code regulating signs (Chapter 21.16 LMC) will be uniform and cross-referenced upon such time that the city zoning code regulating special event signage is amended.
10. Notwithstanding any provision of the Lynnwood Municipal Code, the community development director is authorized to allow one on-site banner for every 150 feet of street frontage (or fractional portion thereof) at the location of a special event, and other signs and decorations, appropriate to the event, for a special event that has been permitted under the provisions of this chapter even though such signage may otherwise be prohibited by Chapter 21.16 LMC. A single banner may be installed up to one week prior to the special event. Balloons and other inflatables are prohibited. Banners, tents and outdoor displays shall be set back at least 30 feet from any public street. Portable signs (such as A-frame signs) shall not exceed eight square feet per side. The provisions of this section regulating special event signage and the provisions of the city zoning code regulating signs (Chapter 21.16 LMC) will be uniform and cross-referenced upon such time that the city zoning code regulating special event signage is amended.
B. Tents and Canopies. All activities subject to the regulations of this chapter using tents, canopies, or temporary membrane structures in connection with the activity shall comply with the provisions of this chapter, all applicable provisions of current fire and building codes, as adopted by this jurisdiction, as well as the requirements of LMC 9.04.014 and all other applicable laws or regulations.
C. Subsections (A)(9) and (10) of this section shall be repealed and be of no further force or effect after December 31, 2006. This sunset clause shall allow ample time to amend and conform the Lynnwood sign code in Chapter 21.16 LMC to take into account differences between this chapter and that chapter of the city code. (Ord. 2558 § 7, 2005; Ord. 2455 § 2, 2003; Ord. 2194 § 1, 1998; Ord. 1906 § 12, 1992)
5.30.070 Helicopter regulations.
Repealed by Ord. 2558. (Ord. 1906 § 13, 1992)
5.30.075 Suspension or revocation of permit.
Failure to comply with any conditions imposed upon any permit issued hereunder, the provisions of this chapter, or other applicable state or city laws shall be grounds for suspension or revocation of permits granted pursuant to this chapter upon the giving of one day’s notice; provided, however, that the finance director, fire marshal, or chief of police or designee may suspend or revoke such permits effective immediately whenever necessary to prevent serious injury to persons, property or the public peace, health, safety or welfare. The finance director, fire marshal or chief of police, or designee shall deliver written notice of suspension or revocation to the proprietor, organizer, operator or manager of the event. A decision under this section may be appealed, as described in LMC 5.30.080. (Ord. 2558 § 9, 2005)
5.30.080 Right of appeal.
A. If application for a permit hereunder is denied, the finance director shall so notify the applicant in writing, indicating the reasons for denial and informing the applicant of appeal rights under this section.
B. An appeal from a decision under this chapter may be filed with the finance director within five business days of notification of the decision, or is thereafter barred. Such appeal shall be in writing and shall include a statement of why the appellant believes that the decision is in error. The fee for filing an appeal under this section shall be $50.00.
C. Within five business days of receipt of an appeal, the finance director shall convene a meeting of the appeal hearing board. Members of this board shall include: the finance director, the assistant city administrator and the economic development director. The hearing board shall meet to review the available background information regarding the decision being appealed, and the board may, at its discretion, hear testimony regarding the decision. This meeting shall be open to the public. Notice of this meeting shall be provided to the appellant within two working days of receipt of the appeal.
D. The hearing board shall consider all available information regarding the decision being appealed, including information provided by the director that made the decision and information or statements by the appellant. The appellant shall provide any information or written statements regarding the appeal no less than 24 hours prior to the meeting of the board.
E. Immediately following the hearing board meeting, the board shall determine whether the decision was correct and whether it conformed to the requirements and regulations of this chapter and the Lynnwood Municipal Code. The appellant has the burden of proof to establish, by a preponderance of the evidence, that the decision was incorrect or in conflict with this chapter of the LMC. The board shall notify the appellant of its decision in writing. (Ord. 2558 § 10, 2005; Ord. 2194 § 1, 1998; Ord. 1906 § 14, 1992)
5.30.090 Limitation on number of outdoor events and maximum time period.
A. Except as provided in subsection (B) of this section:
1. A permit to operate any outdoor special event subject to the provisions of this chapter shall be issued not more than 60 calendar days in any calendar year for the same site, including the time for setup and take down of the event. The permit shall not allow the special event to operate for a time period exceeding 14 consecutive calendar days per event, excluding the time required for setup and take down. Special events on any site must be separate by at least five calendar days.
2. The merchandise offered in any special event must be from resident business license holders in the city of Lynnwood, except that nothing in this section is to preclude special events sponsored by nonprofit organizations or the city of Lynnwood that are located within the public right-of-way and feature vendors with merchandise that have been designed and fabricated by the vendor.
B. One-day outdoor special events for the purpose of fund-raising only may be allowed to operate on the same site or under the sponsorship of the same entity an additional five times per calendar year. (Ord. 2558 § 11, 2005; Ord. 2194 § 1, 1998; Ord. 1906 § 15, 1992)
5.30.095 Limitation on number of indoor events and maximum time period.
Repealed by Ord. 2558. (Ord. 2194 § 1, 1998; Ord. 1906 § 16, 1992)
5.30.100 Exercise of police power.
This chapter is enacted as an exercise of the city’s police powers and shall not be construed to impose any duty owed by the city to any permittee under this chapter or to any member of the public, nor shall any permit be construed as waiver of any violation of the laws of the city. (Ord. 2194 § 1, 1998; Ord. 1906 § 17, 1992)
5.30.110 Violation – Penalties.
A. It shall be a misdemeanor for any person, firm, corporation, organization or association to violate any of the provisions of this chapter or the conditions imposed upon any permit issued hereunder, which shall be punishable by a fine not to exceed $1,000 or imprisonment not to exceed 90 days. Each day, or part thereof, during which any such violations occur or are continued shall constitute a separate offense.
B. In addition, permits issued hereunder shall be subject to suspension or revocation as provided herein, and civil abatement proceedings.
C. In addition, or alternatively, any person violating the provisions of this chapter or the conditions of any permit issued hereunder shall also subject the permittee to a daily civil penalty in the amount specified by LMC 1.01.085. (Ord. 2698 § 4, 2007; Ord. 2656 §§ 1, 2, 2006; Ord. 2194 § 1, 1998; Ord. 1906 § 18, 1992)