Title 9 CRIMINAL CODE*
Chapter 9.32 PARADES AND SPECIAL EVENTS
9.32.010 Definitions.
9.32.020 Permit--Required--Exceptions.
9.32.030 Permit--Application and contents.
9.32.040 Permit--Issuance standards.
9.32.050 Permit--Rejection--Notice.
9.32.060 Permit--Rejection--Appeal.
9.32.070 Permit--Alternate.
9.32.080 Permit--Notice to officials--Contents.
9.32.090 Permit--Compliance with directions--Display.
9.32.100 Public conduct.
9.32.110 Violation--Penalty.
9.32.010 Definitions.
In this chapter, unless a different meaning plainly is required, the
following definitions shall apply:
A. “Chief of police” means
the chief of police of the city of Lynden.
B. “City” means the
city of Lynden.
C. “Parade” means a large group of persons with
or without animals or vehicles moving in a public procession or march in or upon
any street, sidewalk, park, or other public place. A large group of persons
means a group of more than fifteen persons.
D. “Special events
permit” means a permit as required by this chapter.
E. “Special
event” means an event organized by any person or which will generate or
invite considerable public participation and/or spectators, for a particular and
limited purpose and time, including, but not limited to concerts, fun runs,
roadway foot races, fundraising walks, bike-a-thons, carnivals shows,
exhibitions, circuses and fairs. Special events are not limited to those events
conducted on the public streets but may occur on private property. This code
does not include public dances as specified under LMC
5.32.
F. “Person” means any person, firm, partnership,
association, corporation, company, or organization of any
kind.
G. “Street” or “Streets” means any public
highway, sidewalk, alley, or portions thereof in the city of Lynden dedicated to
the public use. (Ord. 1141 § A (part), 2002).
9.32.020 Permit--Required--Exceptions.
A. No person shall engage in, participate in, aid, form or start a special
event or parade unless a permit has been obtained. Applications for permits must
be obtained from the city administration office, completed by the applicant, and
returned to the city administration office. In addition, the applicant must file
an “Indemnification Agreement” in order to obtain a permit.
“Indemnification Agreement” forms must be obtained from the city
administration office, completed and signed by the applicant and returned to the
city administration office. In order for a permit to issue, the
“Indemnification Agreement” must be signed on behalf of the city by
the mayor or his or her designee.
B. This chapter shall not apply to the
following:
1. Funeral and wedding processions;
2. Students going to and
from school classes or participating in educational activities, providing such
conduct is under the immediate direction and supervision of the proper school
authorities;
3. A governmental agency including military units of the State
of Washington and the United States acting within the scope of its
functions;
4. Groups required by law to be so assembled;
5. Groups which
are permitted by the U.S. Constitution and/or Washington State Constitution to
be so assembled without the necessity of obtaining a permit as a condition
precedent; or
6. The Northwest Washington Fair.
C. The city
administrator shall have the authority to renew permits for regularly recurring
events without requiring the applicant to submit a new application for
subsequent editions of the recurring event. Permits issued for recurring events
shall be known as “annual permits.” In order to obtain a renewal of
an annual permit, the applicant must notify the city administrator in writing no
less than sixty days prior to the event. In addition to the date upon which the
event will be held, the applicant seeking a renewal must inform the city
administrator of any changes between the most recent previous edition of the
event and the edition contemplated by the renewal. If the city administrator
denies the renewal, he or she must do so no later than twenty-five days prior to
the date upon which the event is scheduled to occur. The applicant may appeal
from a denial of a request for renewal of an annual permit as provided in this
chapter. (Ord. 1141 § A (part), 2002).
9.32.030 Permit--Application and contents.
A. A person seeking issuance of a special event permit shall file an
application with the city administration office on forms provided by the
city.
B. Filing period. An application for a special event permit shall be
filed with the city administration office not less than sixty days before the
date on which it is proposed to conduct the parade or special
event.
C. Contents. The application for a parade permit shall set forth the
following information:
1. The name, address and telephone number of the
person seeking to conduct such special event;
2. If the special event is
proposed to be conducted for, on behalf of or by an organization, the name,
address and telephone number of the headquarters of the
organization and of
the authorized and responsible heads of such organization;
3. The name,
address and telephone number of the person who will be the parade chairman and
who will be responsible for its conduct;
4. The date when the event is to be
conducted, and a detailed description of the event to be held;
5. The
location held or the route to be traveled, the starting point and the
termination point;
6. The number of persons who it is anticipated will
participate in said event and the numbers and types of animals and vehicles that
will be used in said event;
7. The hours when such event will start and
terminate;
8. A statement as to whether the event will occupy all or only a
portion of the width of any streets proposed to be traversed;
9. The
location by streets of any assembly areas for such event;
10. The time at
which units of the event will begin to assemble at any such assembly area or
areas;
11. If the special event is designed to be held by and on behalf of
or for any person other than the applicant, the applicant for such permit shall
file with the city administration office a communication in writing from the
person proposing to hold the event, authorizing the applicant to apply for the
permit on his or her behalf. (Ord. 1141 § A (part), 2002).
9.32.040 Permit--Issuance standards.
The city administrator or his or her designee shall issue a permit as
provided for under this chapter, when, from a consideration of the application
and from such other information as may otherwise be obtained, he or she finds
that the following conditions exist:
A. The conduct of the special event
will not substantially interrupt the safe and orderly movement of other traffic
contiguous to its location;
B. The conduct of the special event will not
require the diversion of so great a number of police officers of the city to
properly police the line of movement and the areas contiguous thereto as to
prevent normal police protection to the city;
C. The conduct of such parade
will not require the diversion of so great a number of ambulances as to prevent
normal ambulance service to portions of the city other than that to be occupied
by the proposed line of march and areas contiguous thereto;
D. The
concentration of persons, animals and vehicles at assembly points of the event
will not unduly interfere with proper fire and police protection of or ambulance
service to areas contiguous to such assembly areas;
E. The conduct of such
special event will not interfere with the movement of fire fighting equipment en
route to a fire;
F. The special event or parade is scheduled to move from
its point of origin to a point of termination expeditiously and without
unreasonable delays en route;
G. The special event is not to be held for the
sole purpose of advertising any product, goods or other event, and is not
designed to be held purely for private profit;
H. That the indemnification
agreement required to have been submitted with the application for a permit is
in proper order and has been countersigned by the Mayor or his or her designee
as required in LMC 9.32.020(A). (Ord. 1141 § A (part), 2002).
9.32.050 Permit--Rejection--Notice.
The city administrator or his or her designee shall act upon the
application for a special event permit as promptly as is administratively
feasible and shall notify the applicant of his or her decision no later than
twenty-five days prior to the date upon which the event is proposed to be held.
If the city administrator disapproves the application, he shall notify the
applicant of his reasons for the denial of the permit. (Ord. 1141 § A
(part), 2002).
9.32.060 Permit--Rejection--Appeal.
Any person aggrieved shall have the right to appeal the denial of the
permit to the city council. The appeal shall be taken within three days after
notice. The city council shall act upon the appeal at its next regular or
special meeting after receiving notice of appeal. (Ord. 1141 § A (part),
2002).
9.32.070 Permit--Alternate.
The city administrator, in denying an application for a special event
permit, shall be empowered to authorize the conduct of the event on a date, at a
time, at a location or over a route different from that named by the applicant.
An applicant desiring to accept an alternate permit shall, within three days
after notice of the action of the city administrator, file a written notice of
acceptance with the city administrator. An alternate permit shall conform to the
requirements of and shall have the effect of a special event permit under this
chapter. (Ord. 1141 § A (part), 2002).
9.32.080 Permit--Notice to officials--Contents.
A. Immediately upon receiving a completed application for a special event
permit, the city administrator shall forward the application to the following
personnel for their review prior to issuing the permit:
1. The chief of
police;
2. The fire chief;
3. The public works director.
B. If the
event is a parade, each permit shall state the following
information:
1. Starting and terminating time;
2. The portions of the
streets to be traversed that may be occupied by the parade;
3. Such other
information as the chief of police and fire chief shall find necessary to the
enforcement of this chapter;
4. The number of participating
vehicles;
5. The number of participating pedestrians. (Ord. 1141 § A
(part), 2002).
9.32.090 Permit--Compliance with directions--Display.
A. A permittee under this chapter shall comply with all permit directions
and conditions and with all applicable laws and ordinances.
B. The chairman
of the event, or other person heading or leading such activity shall carry the
special event permit upon his person throughout the entire duration of the
event.
C. The chairman of the event, or other person heading or leading such
activity shall be responsible for dissemination to every person responsible for
each component of a special event and/or any entry in a parade, of the pertinent
law and safety regulations for participation in such activity as set forth in
the special event permit.
D. Any violations of the requirements set forth in
the special event permit will be grounds for immediate revocation of the permit
and termination of the event. (Ord. 1141 § A (part), 2002).
9.32.100 Public conduct.
A. No person shall unreasonably hamper, obstruct, impede or interfere with
any parade or event assembly or with any person, vehicle or animal participating
or used in a event.
B. No driver of a vehicle shall drive between the
vehicle or persons comprising a special event or parade when such vehicles or
persons are in motion.
C. The chief of police shall have the authority, when
reasonably necessary, to prohibit or restrict the parking of vehicles along a
highway or part thereof constituting a part of the route of a special event or
parade. The city shall post signs to such effect, and it is unlawful for any
person to park or leave unattended any vehicle in violation thereof and the same
may be impounded for safekeeping by the city police. No person shall be liable
for parking on an unposted street. (Ord. 1141 § A (part), 2002).
9.32.110 Violation--Penalty.
Any person found guilty of a violation of the provisions of 9.32.100 shall
be deemed guilty of a misdemeanor. (Ord. 1141 § A (part),
2002).
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