Special events are of infrequent occurrence and temporary nature and may be associated with promotions, holidays, festivals, and the like. Special events shall be allowed by a special events permit granted by town staff.
(Ord. 749 § 1 (Exh. A), 2024)
It is the specific intent to place the obligation of complying with the requirements of this chapter and the permit conditions upon the applicant or permittee, and nothing contained in this chapter is intended to be construed to create or form the basis for liability on the part of the town, or its officers, employees or agents for any injury or damage resulting from the failure of the applicant or permittee to comply with this chapter or the permit conditions.
(Ord. 749 § 1 (Exh. A), 2024)
The following definitions shall apply to this chapter:
"Applicant"
means any person or organization who seeks a special event permit to hold an event governed by this chapter.
"Athletic or sporting event"
means an occasion in which a group of persons collect to engage in or watch a sport or form of exercise on public property which is anticipated to obstruct, delay, or interfere with the normal flow of pedestrian or vehicular traffic, or does not comply with traffic laws or controls. Athletic or sporting events include, but are not limited to, bicycle or foot races, and sport tournaments.
"Clerk-treasurer"
means the person acting as the town's clerk-treasurer and includes the clerk-treasurer's designee.
"Mayor"
means the elected mayor for the town or, in the mayor's absence, the mayor's designee.
"Nonprofit corporation"
has the same meaning as stated in RCW 24.03A.010.
"Permit application fee"
means the fee to be paid by the applicant at the time the application is filed with the clerk-treasurer. Such fee shall be set by the town's fee resolution.
"Permittee"
means any person or organization who has been issued a special events permit by the town.
"Person"
has the same meaning as stated in RCW 24.03A.010.
"Police chief"
means the person designated as the police chief for the Clyde Hill police department.
"Public property"
means publicly owned or controlled property and includes, but is not limited to, a town street, sidewalk, parking lot, park, or other right-of-way.
"Special event"
means any organized formation, parade, procession, demonstration, or assembly which may include persons, animals, vehicles, or any combination thereof which is to assemble or travel in unison on any street, sidewalk or other public right-of-way owned or controlled by the town which does not comply with applicable traffic regulations, laws or controls.
Examples of special events include, but are not limited to, concerts, parades, circuses, fairs, festivals, street fairs, street markets, community events, on-the-water activities, mass participation sports (such as marathons and other running events), athletic or sporting events, firework displays, and community celebrations and observances.
"Special events permit"
means the permit issued by the town after the applicant has met all applicable reviews and requirements set forth in this chapter.
(Ord. 749 § 1 (Exh. A), 2024)
The provisions of this chapter shall not apply to:
A. 
Funeral processions;
B. 
Groups required by law to be so assembled;
C. 
Pedestrian processions along a route that is restricted to sidewalks and crossing streets only at pedestrian crosswalks in accordance with traffic regulations and controls;
D. 
Activities of state and federal governmental agencies, including military units, which are performed within the scope of such agency's duties and functions;
E. 
Events held by the town of Yarrow Point.
(Ord. 749 § 1 (Exh. A), 2024)
The mayor shall, after consultation with appropriate town staff and government agencies (public works, police, fire, etc.), have discretionary authority regarding special event permits. The mayor may approve, modify, waive, condition, or deny a special events permit, in accordance with the principles of this chapter.
(Ord. 749 § 1 (Exh. A), 2024)
The fee for issuance of a special events permit shall be set forth in the town's fee schedule.
(Ord. 749 § 1 (Exh. A), 2024)
The permit fee may be waived for applicants that are nonprofit corporations and which further the goals and objectives of the town, as determined in the mayor's sole discretion.
(Ord. 749 § 1 (Exh. A), 2024)
A. 
Filing of the Application.
1. 
Any person wishing to hold a special event shall apply for a special event permit by filing an application with the clerk-treasurer at least 45 days prior to the date on which the special event is to begin.
2. 
The application for a special events permit shall be made on forms furnished by the town.
3. 
The applicant shall file with their application proof of commercial general liability insurance with a minimum policy limit of $1,000,000, and an endorsement naming the town of Yarrow Point as additionally insured.
4. 
The applicant must pay the permit fee at the time of filing the application unless waived under YPMC § 7.14.080.
B. 
Review of the Application.
1. 
Unless good cause is shown, the application shall be reviewed by the appropriate town staff and others as determined by the mayor no later than 30 days after the application has been filed with the clerk-treasurer and payment of the permit fee, unless the permit fee has been waived as provided in YPMC § 7.14.080.
2. 
The mayor shall approve, conditionally approve, or deny an application based on the recommendations of the town staff involved in the review process.
3. 
The mayor may issue the special event permit once the application has been appropriately reviewed, the applicant has agreed in writing to comply with any terms and conditions of the permit, and payment of the permit fee, unless such have been waived as provided in YPMC § 7.14.080.
(Ord. 749 § 1 (Exh. A), 2024)
A. 
Temporary signage and temporary structures, including temporary parking facilities, will be allowed subject to provisions of this code pursuant to the interpretive authority and discretion of the mayor.
B. 
Requests for street closure for special events shall be subject to provisions of this code and approved at the discretion of the mayor.
C. 
Requests for fire and emergency medical services shall be subject to requirements and interpretive authority and discretion of the Bellevue fire department.
D. 
Requests for police services shall be subject to provisions of this code pursuant to the interpretive authority and discretion of the Clyde Hill police chief.
E. 
A town services deposit is required to be paid by the permittee within two business days after issuance of the special events permit. The town services deposit shall be in a reasonable amount anticipated by the mayor at mayor's discretion, for expenses that the town may incur for fire, police, medical services, and public works crews for coverage at the special event. The payment of the estimated expenses shall be required even if the permit fee has been waived. If the actual expense for town services and equipment on the date(s) of the special event is greater than the estimated expense, the permittee will be billed for the difference and is responsible for payment; provided, that if the actual cost for town services and equipment is less than the deposit, then any remaining funds after the deposit has been applied toward the expense shall be refunded to the permittee.
F. 
A cleanup deposit is required to be paid by the permittee within two business days after issuance of the special events permit for special events involving the sale of food or beverages for immediate consumption, the erection of structures, the use of horses or other animals excluding dogs and cats, or the use of fireworks or other incendiary devices. The cleanup deposit shall be in an amount reasonably anticipated to be incurred by the town in removing debris or litter caused by such special event, as determined by the mayor. The cleanup deposit shall be required, even if the permit fee has been waived. The cleanup deposit may be returned to the permittee after the special event if the permittee cleans and restores the public property used for the special event to the same condition as existed prior to the special event as determined by the mayor. If the public property used for the special event has not been properly cleaned or restored, the cleanup deposit shall be applied toward the town's costs in cleaning up the special events area and any remaining deposit funds shall be refunded to the permittee. If the actual cost for cleanup is greater than the cleanup deposit, the permittee will be billed for the difference and is responsible for payment.
G. 
Adequate sanitation and other required health facilities shall be provided or made available in or adjacent to any public assembly areas.
(Ord. 749 § 1 (Exh. A), 2024)
The mayor may condition the issuance of a special event permit by imposing reasonable requirements concerning time, place, and manner of the event; and such conditions as are necessary to protect the safety and rights of persons and property and the control of traffic. The mayor may modify the conditions of the special events permit if after the approval of the permit good cause is shown for the modification.
(Ord. 749 § 1 (Exh. A), 2024)
A special event permit may be denied based upon a determination that:
A. 
The event would endanger public safety or health;
B. 
The proposed event would seriously inconvenience or impair the general public's use of public property, services or facilities;
C. 
The event would unreasonably infringe upon the rights of abutting properties;
D. 
The event would conflict with another proximate event or interfere with construction or maintenance work in the immediate vicinity;
E. 
There is no sufficient qualified safety personnel or other necessary town staff to accommodate the event;
F. 
The applicant failed to complete the application form after being notified of the additional information or documents required;
G. 
Information contained in the application of supplemental information required from the applicant is found to be false in any material detail;
H. 
The applicant cannot meet, or is unwilling to meet, all the requirements of this chapter or any conditions requested to be imposed by any of the reviewing town staff;
I. 
Other issues in the public interest were identified by the mayor, town council or town staff;
J. 
Failure to pay expenses, fees, charges, deposits, insurance, or bonds required by this chapter;
K. 
Failure to file proof of insurance as required by YPMC § 7.14.090(A)(3);
L. 
The application was not timely filed with the clerk-treasurer;
M. 
The applicant fails to provide the writing required by YPMC § 7.14.130(A);
N. 
The purpose of the proposed event is to incite crime, or the event would engage in or encourage participants to engage in illegal acts;
O. 
The event is unlawful.
(Ord. 749 § 1 (Exh. A), 2024)
A. 
Prior to the issuance of the special event permit, the applicant or permittee must agree in writing to reimburse the town for any costs incurred by the town in repairing damage to public property occurring in connection with the special event.
B. 
By applying for the special event, the applicant and permittee (collectively "indemnitor") agree to the following:
1. 
The indemnitor hereby agrees to release, indemnify, and hold harmless the town of Yarrow Point from any and all liability, claims, demands, causes of action, charges, expenses, and attorney fees (including attorney fees to establish the town's right to indemnity or incurred on appeal) resulting from involvement in this event whether caused by any negligent act or omission of the town or otherwise. This agreement shall not apply to any liability resulting from the sole negligence of the town.
2. 
The indemnitor agrees to reimburse the town for any loss, theft of, or damage to public property and equipment.
3. 
The indemnitor agrees to comply with all applicable laws, statutes, ordinances, rules and requirements including, but not limited to, not admitting more attendees than designated by the fire department as safe for the particular event or facility.
4. 
The indemnitor expressly agrees that this release and hold harmless agreement is intended to be broad and inclusive as permitted by Washington law and that if any portion thereof is held invalid, notwithstanding, the balance shall continue in full legal force and effect.
5. 
Falsification and/or misrepresentation in completing the application may result in revocation or suspension of the special events permit and increase any permit fees or expenses as provided by this chapter.
6. 
The indemnitor agrees to immediately notify the mayor of any inaccuracies in the application.
(Ord. 749 § 1 (Exh. A), 2024)
A. 
As required by the mayor or designated appointee, the permittee shall provide the town with proof of commercial general liability insurance generally in the amount of at least $1,000,000 (combined single limits per occurrence) and an endorsement naming the town of Yarrow Point as an additional insured must be provided. Upon determination by the mayor, higher limits may be required for certain events.
B. 
Certificates of insurance shall be submitted to the town for approval directly from the insuring agency via postal mail, fax or email. The insurance policy shall be written on an occurrence basis, shall name the town as an additional insured, shall be written for a period not less than 24 hours prior to the event and extending for a period not less than 24 hours following the completion of the event, and shall contain a provision prohibiting cancellation of the policy except upon 30 days' written notice to the town. Acceptability of insurance is subject to approval by the mayor.
(Ord. 749 § 1 (Exh. A), 2024)
A. 
A special events permit issued under this chapter shall be temporary, shall vest no permanent rights to the permittee, and may be immediately revoked or suspended by the mayor if:
1. 
The permittee has made a misstatement of material fact in the application;
2. 
The permittee has failed to fulfill a term or condition of the permit in a timely manner;
3. 
The check submitted by the applicant or permittee in payment of the permit fee, deposit or prepayment of expense for a permit has been dishonored;
4. 
The permittee requests the cancellation of the permit or cancels the event;
5. 
The activity at the special event endangers or threatens persons or property, or otherwise jeopardizes the health, safety or welfare of persons or property;
6. 
The activity at the special event is in violation of any of the terms or conditions of the special events permit;
7. 
An emergency or supervening occurrence requires the cancellation or termination of the special event to protect the public health or safety;
8. 
The permittee fails to pay expenses, fees, charges, deposits, insurance, or bonds required by this chapter;
9. 
The insurance by YPMC § 7.14.140 has been cancelled or suspended.
B. 
If the special event (for which a special events permit has been revoked or suspended) is not immediately discontinued, the mayor may remove any structure or obstruction, or cause to be removed, as may be necessary to render the same secure and safe. The cost and expense of such removal, repair or adjournment shall be assessed against the permittee, including all attorney fees associated with enforcement of the collection of the same.
(Ord. 749 § 1 (Exh. A), 2024)
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 or a determination that the applicant's certificate of insurance does not comply with the town's requirements. A permittee has the right to appeal any revocation or suspension of a special events permit. A written notice of appeal shall be filed with the clerk-treasurer within five days from the date of the denial or conditional approval of an application, or suspension or revocation of a permit. The written notice of appeal shall set forth the specific grounds for the appeal and attach any relevant documents for consideration. The town council shall hear the appeal on the record provided from the mayor and upon public comment given by the applicant at the scheduled hearing before the town council. The hearing shall be scheduled no later than the next scheduled council meeting after receipt of a timely and proper notice of appeal, unless there is good cause to extend the timeframe. The town council shall render a decision on or before the next regularly scheduled town council meeting. The decision of the town council on the appeal shall be final.
If there is insufficient time for a timely appeal to be heard by the town council prior to the date on which the event is scheduled, the applicant may, at the applicant's option, or the permittee may, at the permittee's option, request in writing that the mayor hear the appeal. Any such written request shall be filed with the clerk-treasurer. The mayor shall hold a hearing no later than 10 business days after the applicant or permittee files the written request 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 mayor, the mayor's decision shall be final.
(Ord. 749 § 1 (Exh. A), 2024)
Any event subject to the provisions of this chapter that is held without complying with all conditions of this chapter or the conditions of the special events permit shall be subject to closure summarily by the police chief.
(Ord. 749 § 1 (Exh. A), 2024)
Any person that violates any of the provisions of this chapter shall be subject to a civil infraction and a fine. Each day in which a violation is committed constitutes a separate offense. Nothing herein contained shall prevent the town from taking such other lawful action as is necessary to prevent or remedy any violation.
(Ord. 749 § 1 (Exh. A), 2024)