[1]
Prior legislation: Ords. 360, 996 and 1237, repealed by Ord. 1279.
As used in this chapter, the following terms shall have the meaning set forth below:
A. 
"Special event"
means any event, whether conducted on public or private property, organized by any person, which will generate or invite public participation and/or spectators, for a particular and limited purpose and time, including, but not limited to, fun runs, fundraising walks, bikeathons, parades, carnivals, shows, exhibitions, circuses and fairs.
(Ord. 1279 § 2 (part), 2007)
A. 
It is unlawful for any person to hold or conduct any special event in the city, or to use any street, right-of-way, or other public place in the city for any purpose unless such person has obtained and has in full force and effect a special event permit issued by the city.
B. 
The following special events shall be exempt from the requirement to obtain a permit under this chapter:
1. 
Events conducted or sponsored by the city of North Bend;
2. 
Funeral processions;
3. 
Events involving less than 50 people unless requiring the full or partial closure of a public street;
4. 
Events conducted in a facility designed for that purpose, such as churches, events centers, schools, etc.;
5. 
Events attracting fewer than 100 persons conducted entirely upon private property; and
6. 
Other similar events and activities, which do not directly affect or use city services at the discretion of the city administrator.
(Ord. 1279 § 2 (part), 2007)
A. 
Any person desiring to apply for a special event permit shall do so by filing a written application with the city clerk at City Hall. The application shall be made on forms provided by the city and shall include, at a minimum, the following information:
1. 
The name, address, telephone number and other pertinent contact information as determined by the form;
2. 
A full and complete description of the special event sought to be held and the dates and duration of such special event;
3. 
The proposed location of the special event and the dimensions and plans for any structure to be erected or constructed in connection with the special event;
4. 
Whether the special event will require the use of any city street or right-of-way and if so, the location and dimensions of the proposed use, together with a statement as to the dimensions of remaining unobstructed street or right-of-way;
5. 
An estimate of the number of persons who will or who are expected to attend the special event;
6. 
If the permit sought is for the use of a city street not connected with a special event, a full and complete description of the use sought to be made of the street by the applicant and the duration of such use;
7. 
If the permit sought is for the use of a city street not connected with a special event, the location and dimensions of the proposed use and of any structure to be constructed on the street, together with a statement as to the dimensions of remaining unobstructed street or right-of-way; and
8. 
Such other and further information as the city administrator may reasonably require to determine whether the application and proposed use meet all of the requirements for permit issuance established by this chapter.
B. 
All applications shall be accompanied by a nonrefundable application fee as established by the taxes, rates and fees schedule adopted by ordinance and said license fee shall be paid in advance.
C. 
The city administrator may waive payment of any fee for permits issued to local non-profit organizations or other governmental agencies for community festivals or other events of general benefit to the community.
(Ord. 1279 § 2 (part), 2007)
Upon receipt of a completed special event permit application, the city clerk shall refer the same to the appropriate departments for their investigation and review concerning compliance of the proposed special event with the criteria for issuance set forth in NBMC § 5.20.050. The departments shall forward the results of their investigation and review to the city clerk within 10 working days. The city clerk shall promptly thereafter forward all documentation to the city administrator.
(Ord. 1279 § 2 (part), 2007; Ord. 1498 § 1 (Exh. A (part)), 2013)
A. 
All permits issued under this chapter shall be issued by the city administrator or his or her designee. Upon receipt of comments from the city departments to which the city clerk had referred a special event application, the city administrator shall determine whether or not the permit should be issued and the appropriate conditions to be attached. A permit may be issued to the applicant only if all of the following minimum criteria and conditions for issuance are met:
1. 
The location, size and features are suitable for the proposed event and will not be harmful to the health, safety and welfare of the community;
2. 
Appropriate provisions are made for parking, waste management, restroom facilities, traffic control and circulation, security, compliance with noise restrictions, health and safety and access;
3. 
Closures of public streets and/or access ways will not result in a serious inconvenience to the general public and appropriate provisions for emergency vehicle access are provided;
4. 
Prior to commencing operation, the event site shall be inspected by the city police department and a fire official and any other person deemed appropriate by the city administrator to ensure the protection of the public health, safety and welfare;
5. 
For special events involving the use of city facilities or public right-of-way proof of liability insurance with coverage in the amount of $1,000,000 per occurrence, unless an additional amount is required for the activity by the city administrator. The city administrator may allow a lower amount or waive this requirement when the event is not open to the general public and the risks presented by the request justify a lower amount. Said general liability insurance for bodily injury and property damage shall include the city of North Bend as an additional named insured on the policy of insurance which shall include a provision prohibiting cancellation of said policy except upon at least 30 days' prior written notice to the city;
6. 
Whenever the requested permit is for an action which will require the use of any city street, or other city property, whether or not such use is connected with a special event, the applicant must agree to indemnify, defend and hold the city harmless from any and all claims for bodily injury or property damage that may arise out of or in connection with the applicant's permitted special event or use;
7. 
If the special event is to be on city-owned property, the applicant shall provide a waste management and restoration plan to the city administrator or designee. The city may require a bond or cash deposit to insure the site is restored to its original condition prior to the special event. The city administrator or designee shall determine the amount of the cash or bond;
8. 
A King County health department permit shall be posted on-site for any use that provides beverage and/or food service that requires such a permit;
9. 
The applicant or sponsoring organization for special events shall reimburse the city for expenses incurred in providing services to the event. Prior to the event the city may require the applicant or sponsoring organization to deposit with the city funds equal to the estimated cost of providing said services. Following the event the city shall assess costs and return any unused funds to the applicant or sponsoring organization. If funds were not required in advance and/or were not sufficient to cover costs the applicant or sponsoring organization shall be responsible for the additional costs;
10. 
Such other and further conditions as the city administrator deems necessary to reasonably ensure that the proposed special event does not endanger participants or spectators.
B. 
If the city administrator determines that a special event permit application does not satisfy all of the above criteria, the city administrator shall deny the permit or may issue the permit upon such conditions as the city administrator deems necessary to substantially satisfy all of the criteria set forth above.
C. 
All conditions of the permit shall be written on or attached to the permit.
D. 
Notwithstanding any provision of the North Bend Municipal Code, the city administrator or his/her designee is authorized to allow special events or temporary signs which may otherwise not be specifically authorized by city ordinance. In reviewing an application, the following factors shall be considered:
1. 
Could the activity be materially detrimental to the public health, safety, or welfare, or injurious to property or improvements in the immediate vicinity of the special event or temporary sign;
2. 
Is the use compatible with the area in which the proposed use would occur; and
3. 
Hours of the use will not cause inappropriate noise, light or glare impacts to surrounding areas.
(Ord. 1279 § 2 (part), 2007)
All permits issued pursuant to this chapter shall be temporary, shall vest no permanent rights in the applicant, and may be revoked by the city administrator as follows:
A. 
The permit may be immediately revoked by the city administrator or his designee in the event of a violation of any of the terms or conditions of the permit; or
B. 
The permit may be immediately revoked by the city administrator or his designee in the event the permitted special event or street use shall become, for any reason, dangerous to persons or property, or if any structure or obstruction permitted becomes insecure or unsafe; or
C. 
The permit may be revoked by the city administrator upon five days' notice if the permit was not for a specified period of time and is not covered by either of the preceding subsections;
D. 
If any special event for which the permit has been revoked is not immediately discontinued, the city administrator or his designee may remove any structure or obstruction, or cause to be made, without obligation to do so, such repairs upon the structure or obstruction as may be necessary to render the same secure and safe, or order the discontinuation of any special event. The cost and expense of such removal, repair or discontinuation shall be assessed against the permittee, including all professional and expert fees associated with enforcement of the collection of the same.
(Ord. 1279 § 2 (part), 2007)
All decisions of the city administrator with respect to the issuance, denial, revocation or suspension of any permit under this chapter shall be final unless appealed by any aggrieved party to the city council within 15 days of the date the decision is issued and actual or constructive notice has been received.
(Ord. 1279 § 2 (part), 2007)
In addition to any other penalties provided in this chapter, any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine in any sum not to exceed $1,000, or by imprisonment for any term not to exceed 90 days, or by both such fine and imprisonment. In addition, each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by any person constitutes a separate offense.
(Ord. 1279 § 2 (part), 2007)