The city recognizes that special events enhance the city's lifestyle, and benefit area residents, visitors, and businesses through expression, recreation, or entertainment that are not normally a part of governmental services. However, the city also recognizes that special events, if unregulated, can have an adverse effect on the public health, safety and welfare due to noise, traffic, safety, and health hazards. The purpose and intent of this chapter is to set forth reasonable regulations by establishing a process for permitting special events within the city, to protect the rights and interest granted to special event permit holders, to ensure the health and safety of attendees at special events, to prohibit illegal activity from occurring within special event venues, and to minimize any adverse effects from special events while ensuring the orderly and efficient use of public property and city services. It is further intended to create a mechanism for cost recovery for special events without having an adverse effect on those special events that contribute to the community. It is also the intent of this chapter to protect the rights of citizens to engage in protected free speech and allow for the least restrictive and most reasonable, time, place and manner regulation of those activities within the overall context of rationally regulating special events that have an impact upon public facilities and services.
(Ord. 21-04 § 1)
Except where the context otherwise requires, for the purposes of this chapter, the following definitions apply:
"Affected parties"
means businesses and residents located within one hundred feet of the area around the special event that are likely to experience impact from the special event.
"City manager"
means the city manager or authorized designee.
"Demonstration"
means any assembly together or concert of action between or among two or more persons for the purpose of protesting any matter or of making known any position or promotion of such persons or of or on behalf of any organization or class of persons or for the purpose of attracting attention to such assembly.
"Event"
includes a special event or a demonstration.
"Event coordinator"
means any person who conducts, manages, promotes, organizes or solicits attendance at a special event.
"Expressive activity"
includes conduct, the sole or principal object of which is to express opinion, views, or ideas, and for which no fee or donation is charged or required as a condition of participation in or attendance at such activity. It includes public oratory and distribution of literature.
"Major event"
means a special event that requires a traffic control plan, closes a city street or is anticipated to attract more than two hundred individuals or require more city resources than minor, as determined by an initial review by the city recorder.
"Minor event"
means a special event that does not require a traffic control plan or closure of a city street.
"Public works director"
means the director of public works or authorized designee.
"Permittee"
means a person to whom a special event permit has been issued.
"Person"
means any person, firm, partnership, association, corporation, company or organization of any kind.
"Police chief"
means the chief of police or authorized designee.
"Private property permit"
means an administrative minor event permit issued by the community development director for a function that is to be held entirely on private property, is not zoned for assembly and does not: require a use of public property in a manner that impacts or restricts the public's normal and typical use of such property; or impede the normal or usual traffic regulations or controls; or require the provision of extraordinary city services and is not governed by this chapter.
"Sidewalk"
means any area or way set aside or open to the general public for purposes of pedestrian travel, whether or not it is paved.
"Signage"
definitions can be found in Section 17.04.525 of this code.
"Sound-amplifying system"
means any system, apparatus, equipment, device, instrument or machine designed for or intended to be used for the purpose of amplifying the sound or increasing the volume of human voice, musical tone, vibration or sound wave.
"Special event"
means:
1. 
Any organized formation, parade, procession or assembly consisting of fifty or more persons, and which may include animals, vehicles or any combination thereof, which is to assemble or travel in unison on any street, which does not comply with normal or usual traffic regulations or controls; or
2. 
Any commercial or noncommercial organized assemblage of fifty or more persons at any public park, public water way, street, or sidewalk which is to gather for a common purpose under the direction and control of a person; or
3. 
Any other activity conducted by a person for a common or collective use, purpose or benefit which involves the use of, or has an impact on, other public property or facilities and the provision of city public safety services in response thereto.
4. 
Examples of special events include concerts, parades, circuses, fairs, festivals, block parties, community events, mass participation sports (such as marathons and running events, bicycle races or tours, tournaments), or spectator sports (such as football, baseball and basketball games).
"Special event permit"
means a permit as required by this chapter.
"Spontaneous demonstration"
is an event occasioned by news or affairs coming into public knowledge and initiating a peaceful public response.
"Street"
means any place or way set aside for or open to the general public for purposes of vehicular traffic, including, but not limited to, any berm or shoulder, parkway, public parking lot, right-of-way, alley or median.
"Third-party"
means any individual or entity who does not have a direct connection with the application, yet provides a good or service required by the application, such as a vendor of a booth at a market or fair.
"Vendor"
means any person or entity offering something for sale at an event.
(Ord. 21-04 § 1)
A. 
A special events permit is required for all activities which organize or assemble fifty or more persons in a space not zoned for assembly or which have the potential to impact public property, facilities or services.
B. 
No person shall engage in or conduct any special event unless a special event permit is issued for that event by the city.
C. 
All special events conducted in city parks are exempt from Chapter 12.42 Park Code.
A special event permit is not required for any of the following:
A. 
Any activity within the scope of a conditional use permit, other land use approval or a private property permit given or required for that use; or
B. 
A short-term demonstration, by fifty or fewer persons that does not involve the use of vehicles, animals, fireworks, pyrotechnics or equipment (other than sound equipment), provided that:
1. 
No fee or donation is charged or required as a condition of participation in or attendance at such demonstration; and
2. 
The chief of police is notified at least twelve hours in advance of the commencement of the demonstration; or
C. 
Lawful picketing; or
D. 
Funeral processions by a licensed mortuary; or
E. 
Activities conducted by a government agency acting within the scope of its authority.
(Ord. 21-04 § 1)
A. 
A person requesting a special event permit shall file an application, certified by affidavit on forms provided by the city recorder. The city recorder shall forward private property permit applications for events of more than fifty on any residentially zoned private property or minor event applications to the community development director for review and determination. The city recorder may make a determination, upon review of the application, that the proposed event is a major event, and such applications shall be sent to the special events committee for review and recommendation to the city manager.
B. 
Major special event applications shall be filed at least ninety days and not more than one year before the special event is proposed to commence and minor special event applications shall be filed at least thirty days prior to the special event, except an application for a spontaneous demonstration held to react to a current event, which shall provide a minimum of two working days notice, or where of urgent nature, shall inform the city manager or city recorder as soon as practicable. The minimum notice requirement may be waived by the city manager or city recorder upon written finding that the limited scope of the event, both in size and magnitude, allows it to be adequately reviewed in the remaining time, so that the city can make any preparations necessary to provide personnel or other city services to minimize the obstruction to pedestrian and other traffic and to otherwise protect the participants and the public.
C. 
The application for all special event permits is included in the Special Events Application Handbook and available at City Hall.
D. 
Applicants for a repeated event held on private property may file up to four annual special event applications identifying the event dates for one calendar year.
(Ord. 21-04 § 1)
A. 
The special events review process shall consist of the city recorder, community development director, fire chief, police chief, public works director, emergency manager or their designated representatives. The city recorder shall coordinate the review process.
B. 
The special events review process is charged with reviewing and providing recommendations to the city manager regarding the approval or modification of an application for a major special event permit based upon the information required in the application with regard to considerations of public safety, traffic flow and control, the disruption to residences and businesses; and availability of resources of city personnel and equipment to adequately ensure the public health, safety and welfare.
C. 
The special events review process shall not recommend for approval a new event for the date, time and location of a previously established reoccurring event unless the applicant for the previously established reoccurring event notifies the city of their intent to not hold the event or no application has been received by the city for that recurring event by the application filing date.
(Ord. 21-04 § 1)
A. 
Event Fee. A nonrefundable fee, as set forth in the schedule of service costs approved by city council resolution, reasonably calculated to reimburse the city for its reasonable and necessary costs in receiving, processing and reviewing applications for permits to hold a major or minor event, must be paid to the city of Cannon Beach when an application is filed.
B. 
If the application includes the use of any city facility and/or property, or if any city services are required for the special event, the applicant must agree to pay for the services in accordance with a schedule of service costs approved by city council resolution.
C. 
Third Party Fee. If the permittee provides for or allows third party vendors to participate in the special event, the permittee shall pay an additional nonrefundable fee, as set forth in the schedule of service costs approved by city council resolution, reasonably calculated to reimburse the city for its actual and necessary costs in receiving, processing and reviewing the application that includes third party vendors. The amount of the additional fee shall be established by resolution of the city council and shall be based on whether the application is for a major or minor event.
D. 
All official city functions and any registered 501(c)3 or 501(c6) non-profit are exempt from fees.
(Ord. 21-04 § 1)
A. 
The police chief will determine whether and to what extent additional police protection, civilian traffic control personnel, private security and volunteer staff are reasonably necessary to ensure traffic control and public safety for the special event. The police chief will base this decision on the size, location, duration, time and date of the special event, the expected sale or service of alcoholic beverages, the number of streets and intersections blocked off from use by the public, and the need to detour or preempt pedestrian and vehicular travel from the use of public streets and sidewalks. If police protection and/or other emergency and safety services or equipment is deemed necessary for the special event, the police chief shall prepare a written estimate of the cost of extraordinary city services and equipment required in writing. The applicant will be billed for services after the event.
B. 
When the police chief is determining the size of the event and the security needed to protect participants and spectators, the estimate, based upon reasonably known information, of participants shall be determinative. The numbers of persons attending in response to an event, to heckle, protest or oppose the sponsor's viewpoint shall not be considered in the cost of providing police protection.
(Ord. 21-04 § 1)
Permittee shall enter into an agreement with the city agreeing to waive and release the city of Cannon Beach and its officers, agents, employees and volunteers from and against any and all claims, costs, liabilities, expenses or judgments including attorney's fees and court costs arising out of the activities of this special event or any illness or injury resulting therefrom, and hereby agree to indemnify and hold harmless the city of Cannon Beach from and against any and all such claims, whether caused by negligence or otherwise, except for illness and injury resulting directly from gross negligence or willful misconduct on the part of the city or its employees.
(Ord. 21-04 § 1)
Whenever a special event requires a permit under the provisions of this code, the sponsor, promoter or person conducting the special event shall provide evidence of commercial general liability insurance in a form acceptable to the risk manager (and additional coverage(s) as appropriate for the activities of the event). The policy shall name the city of Cannon Beach as an additional insured, and shall have a coverage amount to be determined by the risk manager according to the size and risk factors of the event. When determining the size of the event and the risk to participants and spectators, the estimate of participants shall be determinative for this purpose. The person conducting the special event shall not be required to insure any risk arising from persons attending in response to an event, to heckle or oppose the sponsor's viewpoint. The insurance company or companies shall meet the requirements established by city council resolution for all insurance required by the city. The insurance policy required by this section shall not be cancelled, limited or not renewed without thirty days' prior written notice being given to the city.
(Ord. 21-04 § 1)
A. 
The permittee for a major special event shall post street closure notification signs at locations approved by the city manager. The street closure notification shall:
1. 
Include the name of the event, date, time and location of the closure;
2. 
Not exceed sixteen square feet in sign area with a minimum letter size of four inches;
3. 
Be posted on every street on which more than two intersections will be closed, and every secondary arterial, major arterial, or prime arterial that will be closed as a result of the special event;
4. 
Be posted a maximum of ten days and a minimum of seven days prior to the scheduled closure; and
5. 
Be removed within twenty-four hours following the conclusion of the event.
B. 
The permittee for a major special event may post a maximum of eight signs that promote the event at locations approved by the city manager. Event promotion signs shall meet the following conditions:
1. 
Shall not exceed sixteen square feet in sign area;
2. 
Shall not be posted more than sixteen days prior to the event;
3. 
Shall be freestanding or attached to approved signage locations; and
4. 
Shall be removed twenty-four hours following the event.
C. 
The permittee for a major special event shall post traffic control and/or directional signs the day or days of the special event as required by the permit. Traffic control and/or directional signs shall meet the following conditions:
1. 
The location of all traffic control and/or directional signs shall require approval of the city public works director; and
2. 
Traffic control and/or directional signs shall not be posted more than four hours prior to the start of the special event and shall be removed not more than two hours after the conclusion of the special event. Any sign(s) left out after two hours may be removed by city staff and disposed of without compensation to event organizer.
D. 
The permittee for all special event permits may post signs and banners during the special event at the special event venue.
1. 
All venue sign(s) with more than sixteen square feet of sign area or signs that are more than four feet above ground level shall be identified on the event site plan;
2. 
All venue signage and/or banners shall be less than fifty total square feet of temporary sign area;
3. 
All directional signs must be under six square feet in sign-face and are considered incidental;
4. 
One non-motion-activated inflatable sign, not to exceed a footprint area of eighty square feet, or height of sixteen feet, may be conditionally approved and is not be included in the signage total square-footage;
5. 
All signage shall be removed by the applicant within two hours after the closing of the event; and
6. 
No banners will be permitted across a public right-of-way.
E. 
Signs stating "No Parking/Tow Away" shall be posted seventy-two hours in advance of the event start time and removed no more than two hours post event.
F. 
Any sign posted in the city pursuant to this section shall be exempt from any further regulation under Chapter 17.56 of this code.
(Ord. 21-04 § 1)
A. 
The applicant for the following events, shall sponsor a meeting for all affected parties. This meeting must be held not more than one hundred eighty days prior or less than eighty days prior to the special event date:
1. 
A first-time major special event;
2. 
A major special event that has not been held for more than two years; and
3. 
Any event at a city facility.
B. 
All applicants for a special event permit identified in subsection A, above, shall notify all affected parties within one hundred feet from the property boundaries of the proposed location, along with the Cannon Beach Chamber of Commerce, via the United States Postal Service or by direct distribution not more than fifteen days prior or less than ten days prior to the special event date, with information concerning the event and information on how to contact the applicant and the special events committee before and after the event.
C. 
The city shall make sure all special events are posted on the city's website, at City Hall and at area post offices seven days prior to the special event date with information concerning the event and information on how to contact the applicants and the special events committee before and after the event.
(Ord. 21-04 § 1)
A. 
Prior to issuing a minor special event or private property event permit the community development director shall require the application meet the following standards of review:
1. 
The event has the written approval of the owner and lessee of the property on which it is to take place;
2. 
The event is limited to the prescribed time period indicated on the application, not to exceed seventy-two hours, for no more than four occasions per year, with at least thirty days between occurrences, at each property;
3. 
The event does not conflict with another special event scheduled within one hundred fifty feet of the property for the same time period;
4. 
The event is limited to no more than the permitted fire safety allowances for the site at any one time;
5. 
The event will not impede pedestrian or vehicle traffic, and any outdoor merchandising meets the following standards:
a. 
All goods must be placed within the prescribed boundaries shown on the event site plan, which maintains at least forty-two inches of clear pedestrian access through all public thoroughfares;
b. 
All events are limited to the hours of seven a.m. to ten p.m.;
c. 
County Health Department approved food carts or trucks may operate under a Cannon Beach business license, subject to having written permission from the property owner attached to the application; and
d. 
Other than through approved vendors, no further sales shall take place;
6. 
Where any voice or music is proposed to utilize a sound-amplifying system, the location is appropriate and in no case shall a speaker be located within three hundred feet of a residential structure;
7. 
Any use of a sound-amplifying system will be for a specified period, beginning no earlier than seven a.m. and ending no later than ten p.m.; and
8. 
All farmers markets are limited to food, specific food related items and cut flowers.
B. 
Prior to issuing a major special event permit the city manager shall require the application meet the following standards of review:
1. 
The applicant has provided the required application, indemnification agreement and endorsement(s), insurance certificate, or security deposit for police and emergency services and equipment within the times prescribed;
2. 
The applicant has provided for the services of a required number of police officers, fire and/or emergency personnel, private security, civilian traffic controllers or event volunteers/staff to ensure the safety of the event;
3. 
The applicant has provided adequate sanitation and other required health facilities on or adjacent to any public assembly area;
4. 
The applicant has provided sufficient off-site parking or shuttle service, or both, required to minimize any adverse impacts on public parking and traffic circulation in the vicinity of the special event;
5. 
The applicant has obtained the approval of any other public agency within whose jurisdiction the special event or portion thereof will occur;
6. 
The use or activity does not present an unreasonable danger to the health or safety of the applicant, other users of the site, or the public;
7. 
The special event will not create the imminent possibility of violent disorderly conduct likely to endanger public health, safety and welfare or to result in property damage;
8. 
The special event will not substantially interfere with the normal access and function of businesses and/or residences during any period in a manner, which will have adverse impact on the reasonable use or access to those areas;
9. 
The special event will not require the diversion of police employees from their normal duties, preventing reasonable police protection to the remainder of the city; and
10. 
The conduct of the special event will not substantially interrupt the safe and orderly movement of other pedestrian or vehicular traffic, including public transportation, contiguous to its route or location, except as authorized by the permit.
C. 
An application shall not be denied or have conditions based upon the message, content or viewpoint of the event sponsor.
(Ord. 21-04 § 1)
The decision-making body may condition the granting of a special event permit, as necessary, to protect the public health and safety and to effect the purpose of this title. Such conditions may include parameters associated with the minor and major standards of Section 4.01.130.
(Ord. 21-04 § 1)
The city manager shall act promptly upon a timely filed application for a major special event permit and shall make a determination not less than twenty-eight calendar days prior to the major event. The community development director shall act promptly upon a timely filed application for a minor special event and will make a determination not less than fifteen calendar days prior to the minor event. The applicant will be notified within two working days of said determination.
If the city manager does not act on a special event application at least twenty-eight calendar days prior to the major event, and if the community development director does not act on a special event application at least fifteen days prior to the minor event, the application shall be deemed denied.
(Ord. 21-04 § 1)
The city manager, in denying an application for a special event permit, may authorize the conduct of the special event at a date, time, location, or route different from that named by the applicant, and shall propose alternative measures, which would cure any defects in the application. An applicant desiring to accept the modifications to the application shall, within five days after notice of the action of the city manager, file a written notice of acceptance with the city manager.
(Ord. 21-04 § 1)
A. 
Any applicant has the right to appeal the denial of a special event permit to the city council. The denied applicant must make the appeal within five days after receipt of the denial by filing a written notice with the city clerk and a copy of the notice with the police chief. The city council shall act upon the appeal at the next regularly scheduled meeting following receipt of the notice of appeal, or at the next available meeting for which a decision can be reached, which the decision will be final.
B. 
In the event that the city council denies an applicant's appeal, the applicant shall be afforded prompt judicial review of that decision through a writ of review as provided by Oregon Revised Statutes.
(Ord. 21-04 § 1)
Immediately upon the issuance of a special event permit, the city recorder shall send a notice thereof to the city manager, the city attorney, the police chief, the fire chief, the public works director, the community development director, chamber of commerce and the manager or responsible head of each public transportation utility, the regular routes of whose vehicles will be affected by the route or location of the proposed special event.
(Ord. 21-04 § 1)
The city shall maintain a special events calendar. Events for which permit applications have been filed shall be registered on the special events calendar as "approved" or as "pending."
(Ord. 21-04 § 1)
A. 
Violations of the terms and conditions of any of the following prohibitions in this chapter will be punishable by a fine of up to $1,000:
1. 
To stage, present, or conduct any special event without first having obtained a permit under this chapter;
2. 
To hamper, obstruct, impede, or interfere with any special event or with any person, vehicle or animal participating or used in the special event;
3. 
To carry any sign, poster, plaque, or notice, whether or not mounted on a length of material, unless such sign, poster, plaque, or notice is constructed or made of a cloth, paper, or cardboard material;
4. 
For any person participating in any special event to carry or possess any length of metal, lumber, wood, or similar material for purposes of displaying a sign, poster, plaque or notice, unless such object is one and one-fourth inch or less in thickness and two inches or less in width, or if not generally rectangular in shape, such object may not exceed three-fourths inch in its thickest dimension.
B. 
Violations of the terms and conditions of any of the following prohibitions in this chapter will constitute an infraction and shall be punished as provided for by law:
1. 
To participate in a special event for which the person knows a permit has not been granted;
2. 
To knowingly fail to comply with any condition of the permit;
3. 
For a participant in or spectator at a special event to knowingly violate any conditions or prohibitions contained in the special events permit;
4. 
For any driver of a vehicle to drive between the vehicles or persons of a special event when the vehicles or persons are in motion and are conspicuously designated as a special event;
5. 
The police chief may prohibit or restrict the parking of vehicles along a street constituting a part of a special event if the police chief posts or causes to be posted signs to that effect. It is unlawful for any person to park or leave unattended any vehicle in violation of the posted signs.
C. 
The police chief may, when reasonably necessary, waive parking regulations along a street constituting a part of a special event.
(Ord. 21-04 § 1; Ord. 24-02, 4/2/2024)
The police chief may revoke a special event permit without prior notice upon violation of the permit or when a public emergency arises where the police resources required for that emergency are so great that deployment of police services for the special event would have an immediate and adverse effect upon the health, safety and welfare of persons or property. Written notice of the revocation setting forth the reasons therefor, shall be hand delivered or mailed to the applicant at the address provided on the application.
(Ord. 21-04 § 1)
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision will not affect the validity of the remaining portions of this chapter. The city council declares that it would have passed the ordinance codified in this chapter and each section, subsection, sentence, clause or phrase contained in it, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases are declared invalid or unconstitutional.
(Ord. 21-04 § 1)