A. 
Parade.
Any march or procession consisting of people, animals, bicycles, vehicles or any combination thereof upon any public or private street or roadway which does not comply with normal and usual traffic regulations or controls, as determined by the FMC or RCW Title 46.
B. 
Roadway.
Any private driveway or walkway which is utilized by the public as access to a place of business or residence.
C. 
Race.
Any organized contest of 15 or more people, bicycles, or other vehicles or combination thereof upon a public street.
D. 
Special Event.
Any outdoor or indoor assemblage of persons organized by any person, firm, organization or corporation which will generate or invite public participation and/or spectators of 50 or more persons per day; includes, but is not limited to, fun runs, foot races, fundraising walks, bikeathons, parades, carnivals, food fairs, shows, exhibitions, circuses, street dances, flea markets, sales and promotional events hosted partially or fully outdoors, auctions and fairs. Special events are not limited to those conducted on public streets, but include also those events that may occur entirely on private property where public peace, health, safety and welfare may be affected.
Special events do not include:
1. 
Indoor assemblage of persons where the room that is to be used has been approved for assemblage use pursuant to the current adopted International Building Code (IBC), International Residential Code (IRC), International Mechanical Code (IMC), International Fire Code (IFC), Uniform Plumbing Code (UPC), along with Washington State amendments (adopted by the state) (such as banquet rooms, convention rooms, etc.).
2. 
Events officially hosted by the city of Fife.
3. 
Public or private events that are subject to a facilities rental contract with the city.
4. 
Public or private sales events and promotions that are held entirely indoors.
E. 
Special Events Protected Under the First and Fourteenth Amendments.
Any event involving political or religious activity intended primarily for the communication or expression of ideas. Factors that may be considered in evaluating whether or not the political or religious activity is intended primarily for the communication or expression of ideas include the nature of the event, the extent of commercial activity, such as the sales of food, goods, and services, product advertising or promotion, or other business participation in the event, the use or application of any funds raised, if part of any annual tradition or series, previous events in the sequence, and the public perception of the event.
F. 
Street or Streets.
Any public right-of-way or portions thereof, in the city, dedicated to the public use.
G. 
Street Dance.
Any organized dance of 14 or more individuals on any public or private street or roadway, or public or private parking lot.
H. 
Sponsor.
The person, firm, organization or corporation who is promoting the special event and who applies to the city for a permit to hold said event.
I. 
Community Development Director.
"Community development director" means the community development director or his/her designee.
(Ord. 877 § 1, 1986; Ord. 1006 § 1, 1989; Ord. 1052 § 1, 1990; Ord. 1746 § 1 (Exh. A), 2011; Ord. 1777 § 1 (Exh. A), 2012; Ord. 1859 § 11, 2014; Ord. 2132 § 1, 2024)
Conditions to be observed:
A. 
It is unlawful for any person, firm, organization, corporation, association, society, landowner or lessor to knowingly allow, conduct, promote, maintain, or cause to be advertised a special event unless a valid permit has been obtained from the city director of community development, unless the city community development director has determined that the event would not affect the public peace, health, safety and welfare.
B. 
It is unlawful for any person who holds a special event permit to conduct a special event in violation of the terms of the permit.
(Ord. 877 § 2, 1986; Ord. 1006 § 2, 1989; Ord. 1052 § 2, 1990; Ord. 1859 § 12, 2014)
There shall be paid by the applicant at the time the application is filed with the city a nonrefundable fee as stated in FMC 3.80.180 for each special event, except that said fee shall be waived for special events protected under the First and Fourteenth Amendments, and special events sponsored by an accredited educational institution or by a nonprofit tax exempt organization, corporation, or association recognized by the Internal Revenue Service as exempt or qualified for exemption from federal income taxation pursuant to the Internal Revenue Code of 1954, 26 U.S.C. Section 501 as now existing or hereafter amended. Nonprofit status must be evidenced by a letter from the Internal Revenue Service showing a current tax exempt status. This fee is in addition to the costs imposed for traffic control and other purposes elsewhere in this chapter.
(Ord. 877 § 3, 1986; Ord. 1006 § 3, 1989; Ord. 1226 § 10, 1996; Ord. 1812 § 1, 2012; Ord. 2132 § 2, 2024)
Any application for a special event permit shall be in writing and filed with the city at least 30 days prior to the scheduled event. Upon a showing of good cause or at the discretion of the community development director, the city shall consider an application that is filed after the filing deadline if there is sufficient time to process and investigate the application and obtain police and other city services for the event. Good cause can be demonstrated by the applicant showing that the circumstance that gave rise to the permit application did not reasonably allow the participants to file within the time prescribed, and the event is for the purpose of exercising rights under the First and/or Fourteenth Amendments of the United States Constitution.
The application form shall be provided by the city and shall include, at a minimum, the following:
A. 
Identification of Applicant. The name, address and telephone number of the applicant:
1. 
If the applicant is a natural person enter the applicant's date of birth;
2. 
If the applicant is a firm, organization, or business enter the title of the agent who is making the application;
B. 
Description of Event. A full and complete description of the special event sought to be held and the duration of such event;
C. 
Location of Event. The proposed location of the special event and the dimensions and design (and, if appropriate, temporary building locations and plans) for any structures involved with the special event;
D. 
Use of Streets. Whether the special event will require the use of any city street or roadway and, if so, the location and dimensions of the proposed use, together with a statement as to the dimensions of remaining unobstructed street or roadway;
E. 
Estimated Attendance. An estimate of the number of persons who will or who are expected to attend the special event;
F. 
Traffic Mitigation. Proposed plans to mitigate any potential traffic circulation problems that could be created by the special event;
G. 
Plot Plan With Access and Egress Shown. A plot plan showing the location of outdoor facilities and/or activities, existing and proposed structures, dimensions, adjacent uses and property lines, and provision for adequate parking and ingress/egress to be maintained during the course of the temporary event;
H. 
Routes. If the permit sought involves the use of any street or a roadway which connects to a street the proposed route(s) on the application and/or site plan will include starting and termination points, location of assembly areas, specific access point to the street, security and traffic control provisions;
I. 
Address and Land Ownership. An address of the land to be occupied, the name and address of the owner thereof, and a document showing either the applicant's right to occupy the lands (such as a lease or rental agreement) or the consent of said owner to the issuance of a permit, if the land is owned by a person other than the applicant;
J. 
Cleanup Plans. Plans for cleaning up debris and litter resulting from the special event;
K. 
Hold Harmless Agreement. The plan shall include an agreement signed by the applicant promising to indemnify, hold harmless and defend the city, its elected and appointed officials and its employees and agent from any and all claims, demands and causes of action of any kind or character, including the cost of defending against claims and reasonable attorneys' fees, where such claim arises in whole or in part out of the activities for which a permit is issued; provided, that nothing shall require a licensee to indemnify, hold harmless or defend the city from claims arising out of the sole negligence of the city;
L. 
Liability Insurance. Whenever the permit is for an activity that will require the use of any city street or other city property, the applicant shall secure and maintain in full force and effect, throughout the duration of the permit, a general liability insurance policy for bodily injury and property damage with limits of not less than $1,000,000 per occurrence covering potential liability arising from the special event. A copy of the policy shall be filed with the community development director at least two weeks prior to the date of the event. The policy shall name the city, its elected and appointed officials and its employees and agents as additional insureds. Liability insurance for any event that includes food vendors must include products/completed operations coverage. The applicant is responsible to require this coverage from each food vendor.
The community development director in his discretion may, in appropriate cases, reduce or increase the required insurance limits commensurate to the reasonable risk associated with the special event.
The policy shall include a provision prohibiting cancellation of the policy except upon 30 days' prior written notice to the city.
The policy must be approved by the city prior to the city's issuing the special event permit.
Liability insurance shall not be required for special events protected under the First and Fourteenth Amendments;
M. 
Such other information as the community development director may require to determine compliance with all of the requirements before a permit can be issued;
N. 
Temporary Food Trucks. Temporary mobile food trucks are permitted at a special event; provided, that all requirements are met per FMC 19.68.075.
(Ord. 877 § 4, 1986; Ord. 1006 § 4, 1989; Ord. 1746 § 1 (Exh. A), 2011; Ord. 1931 § 2, 2016; Ord. 2132 § 3, 2024)
A. 
Traffic/Crowd Control. The chief of police or his designee may require special event permits to include any reasonable traffic/crowd control measures to ensure the peace, health and safety of the public who use city streets and private property.
If, in the opinion of the chief of police or his designee, extra police officers and/or qualified crowd control personnel will be needed at the special event to provide for public safety, the permittee shall be responsible for the full cost of the extra police officers and/or qualified crowd control personnel.
Prior to issuance of the permit, the chief of police or his designee shall determine the cost of the extra police officers for the special event and the permittee shall be required to pay the cost of the extra police officers or the permittee shall submit to the chief of police or his designee a list of qualified crowd control personnel for approval. Any list of qualified crowd control personnel shall be sufficiently complete to allow identification of any person named in the list and shall state each person's qualifications to control traffic.
If extra police officers are used and the actual cost of the extra police officers is more than the amount paid at the time the permit was issued, the city shall bill the permittee for the extra cost and the permittee shall pay the city for such services within 30 days from the date of the expense statement.
B. 
Public Works. The city engineer or his/her designee may impose upon any special event permit any requirements necessary to secure the peace, health and safety of the public and the integrity of the city's water, sewer and street systems.
If, for any reason, employees of the public works department are required to respond to any need created by the special event, the permittee shall be responsible for the expense of such employees, at normal working day rates and at overtime rates for time incurred outside normal working hours, and the permittee shall pay the city for such expenses incurred within 30 days from the date of the expense statement.
C. 
Community Development Department.
1. 
Building Official/Fire Marshal. The building official/fire marshal may require, as a condition of any special event permit, such safety regulations as authorized by the International Building Code, International Residential Code and International Fire Code, Chapters 15.04, 15.06, and 15.08 FMC.
2. 
Community Development Director. It shall be the responsibility of the community development director and/or his designee to: coordinate the response of the various departments' reviews of the proposal; make conclusions on recommendations; issue or deny a permit; assure the permittee is aware of the department's recommendations with regard to specific conditions of the permit; establish time limitations on the event, if appropriate; revoke the permit, if necessary, for the peace, health and safety and well being of the public; insure compliance of the conditions and requirements as set forth in this chapter.
(Ord. 877 § 6, 1986; Ord. 1006 § 5, 1989; Ord. 1777 § 1 (Exh. A), 2012; Ord. 1859 § 13, 2014)
In reviewing the application, plot plan, department comments and recommendations, for the purpose of determining whether the permit should be issued or denied, the community development director shall make such review in conformance with the following review criteria:
A. 
Standards of Issuance:
1. 
No permit for a special event shall be issued if the event presents to the participants, spectators, or noninvolved public a threat of serious injury or harm greater than what is naturally associated with or is to be expected from an event of a similar kind.
2. 
The time, hours, location and size of the special event may not unnecessarily adversely impact the city or disrupt movement of traffic within the city.
3. 
Adequate parking must be made available within or adjacent to the location for which the permit is requested. The parking facilities shall be of sufficient size to meet the needs of the estimated attendance. Adequate lawful access for ingress and egress shall be provided to and from such parking areas.
4. 
The proposed event or use of the street will not intrude onto or over any portion of a public or private right-of-way open to vehicle or pedestrian travel in such a manner as to create a likelihood of endangering vehicles or pedestrians. In addition, if the requested permit 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 walkway shall be maintained at all times.
5. 
The community development director shall limit to a reasonable period the specific duration of the permit where an obstruction denies access for ingress and egress to adjacent businesses or residences.
6. 
The proposed modes of on-site signs and advertising for the special event shall be submitted with the application. All designs, locations, and structural plans for signs and advertising shall be reviewed and approved by the community development director, fire marshal and the building official prior to use.
7. 
The community development director may require any other reasonable conditions that he deems necessary to reasonably ensure that the proposed special event does not in any way create a likelihood of endangering participants, spectators or the noninvolved public.
8. 
All conditions relative to the issuance of the permit shall be subscribed on and/or attached to the permit.
9. 
Notwithstanding the foregoing, if the city imposes conditions with respect to a special event protected under the First and Fourteenth Amendments, the conditions may only address the time, manner and place of the event, and thus must be content neutral, narrowly tailored, serve a significant governmental interest, and leave open ample alternatives for First and Fourteenth Amendment communication.
B. 
Standards of Denial. The community development director shall deny a special event permit where:
1. 
All of the criteria for issuance of a permit have not been met as set forth in subsection (A) of this section;
2. 
Application for the permit was not submitted within the specified time period in order to allow an adequate review process for such proposal; or additional requested or required details of the event were not submitted within the time specified by the community development director or his designee;
3. 
The applicant or sponsor knowingly made any false statement in the application.
C. 
Within 10 days after the filing of an application, the community development director shall either approve or deny the permit. Any denial shall set forth in detail the specific grounds therefor, the applicant shall have five days after receipt of such denial, or such additional time as the community development director shall grant, to correct the deficiencies set forth, and the planning director shall approve or deny the permit within five days after receipt of such corrections. Any denial of the permit, with corrections, shall set forth in detail the specific grounds therefor.
D. 
Any permit granted pursuant to this chapter shall be posted in a conspicuous place on the site of the special event, and such permit shall not be transferable or assignable without the consent of the issuing authority.
(Ord. 877 § 6, 1986; Ord. 1006 § 6, 1989; Ord. 1079 § 1, 1991; Ord. 1859 § 14, 2014; Ord. 2132 § 4, 2024)
A. 
An applicant or sponsor may appeal the denial of a special events permit application, or conditions imposed in a special events permit, or modifications to a special events permit, or a revocation of a special events permit to the city of Fife hearing examiner.
B. 
In order to commence an appeal, an applicant or sponsor shall file a written notice of appeal with the city clerk and pay a filing fee of $250.00. The written notice shall designate the decision or part of the decision that is being appealed. The appeal shall be commenced within 14 days of the decision.
(Ord. 2132 § 5, 2024)
A. 
All permits issued pursuant to this chapter may be revoked without notice by the community development director where the permitted special event becomes, for any reason, dangerous to the peace, health or safety of persons or a risk to property or if any structure or obstruction permitted becomes insecure or unsafe or the integrity of the city services is in danger.
B. 
The permit may be revoked for cause upon 30 days' notice if the permit was not for a specified period of time.
C. 
If any event for which a permit has been revoked is not immediately discontinued, the community development director may remove, or may order to be removed, 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 adjourn the special event. The cost and expense of such removal, repair or adjournment shall be assessed against the permittee, including all professional fees and fees associated with the enforcement of the collection thereof.
(Ord. 877 § 11, 1986; Ord. 1006 § 11, 1989; Ord. 1859 § 15, 2014)
The community development director is authorized to interpret and enforce all requirements, rules, regulations and conditions and to implement the purpose and intent of this chapter.
(Ord. 877 § 13, 1986; Ord. 1006 § 13, 1989; Ord. 1859 § 16, 2014)
Any person, firm or corporation violating FMC 10.32.020 shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined by a sum not to exceed $1,000, or by imprisonment for a term of not to exceed 90 days, or by both such fine and imprisonment.
(Ord. 1006 § 15, 1989)