AN ORDINANCE relating to the City's process for permitting special events; adding a new definitions section to Seattle Municipal Code Chapter 15.52; adding a definition of a "special event"; and amending various sections of SMC Chapter 15.52 pertaining thereto.

WHEREAS, the City's Special Events Ordinance (SMC Chapter 15.52) has served Seattle well since its enactment in 1991, providing the framework within which the Special Events Committee has annually issued approximately 200 special event permits for a wide variety of events that have immeasurably enriched our community; and

WHEREAS, the Special Events Committee, while issuing permits for approximately 2000 events in the last ten years, has denied few applications and has facilitated for more than a decade the exercise of our valued rights of assembly and free expression; and

WHEREAS, the primary purpose of parks is to provide the public the opportunity to enjoy natural beauty and recreational opportunities and the primary purpose of streets and sidewalks is to provide a public right of way for a wide variety of transportation uses; and

WHEREAS, another important use of parks, streets, sidewalks, and other public places is to provide venues for a wide variety of public events and for the public to exercise their rights of free speech and assembly; and

WHEREAS, most events in public places require no special event permit, but some require considerable advance planning by more than one City department, sometimes in conjunction with other governmental agencies, in order to adequately protect public safety; and

WHEREAS, the City has a compelling need to coordinate its planning for proposed special events in order to protect public health and safety and reduce adverse impacts such as noise, congestion, traffic, and parking problems, while guaranteeing the public's rights to free speech and assembly; and

WHEREAS, the 2001 Mardi Gras event, which resulted in a tragic loss of life and dozens of arrests, had neither applied for nor received any special event permit, and this has galvanized public concern about accountability for events that generate large crowds, cause street closures, and require large numbers of police to restore order; and

WHEREAS, the Mayor empanelled representatives of citizen groups to look at these issues, including a Special Events Task force which focused on potential improvements in the Special Events Ordinance; and

WHEREAS, the City has no interest in regulating events that take place on private property, but does have an interest in regulating and planning for that portion of an event that occurs in public places such as parks, streets, and sidewalks; and

WHEREAS, the Special Events Task Force recommended changes be made to the Special Events Ordinance, clarifying that events that may occur at least in part on private property may also have a substantial impact on public places and require substantial public services such as police for crowd or traffic control; and

WHEREAS, if a proposed event is reasonably anticipated to take place at least in part in public places and to require substantial public services to deal with the impacts of the event on those public places (such as the reallocation of police personnel from their standard assignments in other geographic areas of the City thereby potentially jeopardizing essential police/public safety services to those neighborhoods), the City has a legitimate interest in requiring the event organizer to plan for the event's impact upon those public places and to apply for and receive a special event permit; and

WHEREAS, the Special Events Committee, working with organizers of proposed events, develops reasonable permit conditions in order to protect public health and safety and reduce adverse impacts such as noise, traffic, and parking problems, while guaranteeing the public's rights to free speech and assembly; and

WHEREAS, the City has no interest in basing special event permitting decisions, including decisions regarding reasonable permit conditions, on the viewpoint or message of the proposed event, but does have the responsibility to develop reasonable and effective permit conditions based upon such public safety factors as anticipated crowd size; the nature of the event; anticipated crowd, pedestrian, and traffic control issues; anticipated noise, congestion, and parking problems; and the history of problems associated with the event or similar events and the event's or event organizer's compliance with previous permit conditions designed to deal with those issues and problems; and

WHEREAS, the City wants to provide event organizers with an efficient permitting process, and when permits are denied, prompt administrative review of permit denials; and

WHEREAS, the City Council encourages the Special Events Committee to complete by January 31, 2002, its currently planned review of its present rules and guidelines for implementing the Special Events Ordinance; Now therefore:

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. A new section, entitled "SMC 15.52.005 Definitions," is hereby added to Chapter 15.52 as follows:

Section 15.52.005 Definitions.

The following terms, when used in this chapter, shall have the following meanings:

A. "Special Event" means:

1. An event planned to be held in a park or other public place that meets all three of the following criteria:

(a) is reasonably expected to cause or result in more than fifty (50) people gathering in a park or other public place; and

(b) is reasonably expected to have a substantial impact on such park or other public place; and

(c) is reasonably expected to require the provision of substantial public services; or

2. An event planned to be held on private property that meets all three of the following criteria:

(a) is reasonably expected to cause or result in more than five hundred (500) people gathering in a park or other public place; and

(b) is reasonably expected to have a substantial impact on such park or other public place; and

(c) is reasonably expected to require the provision of substantial public services; or

3. Any other planned event in a park or other public place if the event organizer requests the City to provide any public services in addition to those that would normally be provided by the City in the absence of the event.

B. "Park" and "public place" mean as those terms are defined in SMC Chapters 18.12 and 15.02, respectively.

C. "Substantial impact on a park or other public place" means an event would preclude in whole or in significant part the public's normal and customary use of such park or public place.

D. "Substantial public services" means a material increase in the amount, scope, or level of necessary fire, police, traffic control, crowd control, or other public services above those that would normally be required without the event. With respect to police resources, "substantial public services" means resources for crowd management or traffic control required for the event over and above the normal deployment of police in that geographic area of the city at the time of day during which the event will occur.

Section 2. SMC 15.52.010, Ordinance No. 115982, is amended to read as follows:

Section 15.52.010 Special Events Committee.

There is hereby established a Special Events Committee to identify in coordination coordinate with City departments and other governmental entities the provision nature and scope of governmental services necessary for special events occurring in parks or public places that may require police officers to provide crowd or traffic control as defined in this chapter; to issue special event permits for such events; to determine appropriate terms and conditions for such permits; to set the applicable fees; and to administer this chapter.

Section 3. SMC 15.52.030, Ordinance No. 115982, is amended to read as follows:

SMC 15.52.030 Powers of Special Events Committee.

The Special Events Committee shall have the power:

A. To interpret and administer this chapter, to establish criteria for determining whether an event meets the definition of a special event, to determine whether an event requires a special event permit, and to require, receive, and process applications for such permits;

B. To represent the City, under the supervision of the Mayor, in discussions and in making agreements with persons who propose an present event that may require a special event permit police personnel to provide crowd or traffic control ;

C. To coordinate identify, in coordination with City departments and with other governmental entities, governments the provision nature and scope of governmental services necessary for such special events;

D. To issue special event permits for special events; determine appropriate terms and conditions as contemplated by Section 15.52.040; require, review and approve security, crowd control or and traffic control plans; identify the appropriate fee or, if applicable, apply an exemption in Section 15.52.080 or an exclusion in Section 15.52.090; accept a bond, escrow account or letter of credit from a financial institution in lieu of an advance deposit of a fee; determine the appropriate insurance coverage (with the City as a named insured) that an event must obtain and require proof of compliance; work with the applicant and the Police Department to provide security under develop an approved security plan;, and as authorized by Section 15.52.070 E 15.50.070 E, grant a refund of a fee paid;

E. To deny an application, issue a permit on contingency or conditions, and/or revoke a permit as contemplated by Section 15.52.060, and as consistent with Section 15.52.040;

F. To promulgate rules in accordance with the Administrative Code, Chapter 3.02, to implement this chapter, and to promulgate a schedule of base fees, rounded to the nearest Fifty Dollars ($50.00), to reflect adjustments in the Consumer Price Index as contemplated by subsection A of Section 15.52.070;

G. To review the fee schedule and event classification periodicallyevery year, project revenues, and submit recommendations to the Mayor in the City annualbudget process;

H. To adopt rules for its own procedures; establish subcommittees for assignments; select a voting member to preside in the absence of its chair; and delegate ministerial functions to City departments;

and

I. To perform such other functions as may be assigned by ordinance from time to time.

Section 4. SMC 15.52.040, last amended by Ordinance No. 118409, is further amended to read as follows:

SMC 15.52.040 Special Event Permits Required.

A. A special event permit or authorization from the Special Events Committee is required for any special event, as defined in this chapter, except that no special event permit shall be required if the event sponsor, organizer, or other party and the City have entered into a written agreement covering the same matters as would otherwise be included in a special event permit for such an event. in a park or public place that is reasonably anticipated to require police personnel in order to provide crowd or traffic control. Such special event permit shall be in addition to any street or park use permit, or other regular permits as may be required by ordinance.

B. To avoid duplication, when a special event permit covers the subject matter to their satisfaction, the Director of Transportation and/or as to parks, park drives, and boulevards, the Superintendent of Parks and Recreation, respectively, may waive issuing a separate street use permit or park use permit.

C. When a special event permit is required, no street use permit shall issue under this title, nor shall a park use permit issue pursuant to Title 18, for such an event until the Special Events Committee has issued its special event permit therefor or otherwise authorized the issuance of the departmental permits, unless pursuant to subsection B the Director and/or the Superintendent waive issuance of separate permits.

D. When a special event permit is required, the Special Events Committee shall, after reviewing the application and if necessary meeting with the organizer, advise the organizer of all other permits that appear to be required for the event based on information contained in the application; and assist the organizer in contacting other departments to apply for all other permits in a timely manner.

D E. When such an event will be an exercise of rights protected by the First and Fourteenth Amendments to the United States Constitution, or Article I, Sections 3, 4, 5, or 11 of the Washington Constitution, the application shall be processed promptly, without charging a fee for political or religious activities or imposing terms or conditions that infringe constitutional freedoms, and in a manner that respects the liberties of applicants and the public.

Section 5. SMC 15.52.050, Ordinance No. 115982, is amended to read as follows:

SMC 15.52.050 Conditions Authorized.

The Special Events Committee may include in a special event permit, among other provisions, reasonable terms or conditions as to the time, place and manner of the event; the implementation of a plan presented by the applicant and approved by the Committee for crowd control, traffic control, and security; compliance with health and sanitary regulations as explicated by the Seattle-King County Health Department for the event; coordination with the Fire Department or medical personnel for emergency treatment and evacuation of people who may need immediate care, cardio-pulmonary resuscitation or ambulance service; emergency communication; fire suppression equipment with structures; maintenance of unobstructed emergency passageways; and, where traffic congestion may be anticipated, encouraging the use of transit and car pooling. In determining conditions, the Special Events Committee shall consider anticipated impacts of the event based on an assessment of the event, including size, scope, complexity, and history as well as the event's or event organizer's successful implementation of conditions included in previous permits. Conditions shall be based upon projected impacts on public safety, public places and public services, but shall not be based upon the programming content of the event or message that the proposed event may convey.

In order to accommodate other concurrent events, the rights of abutting owners and the needs of the public to use streets or parks, the conditions may include, but are not limited to, reasonable adjustments in the date, time, route or location of the proposed event; accommodations of pedestrian or vehicular traffic using the street; and limitations on the duration of the event.

Section 6. SMC 15.52.060, Ordinance No. 115982, is amended to read as follows:

SMC 15.52.060 Processing, Denial, Revocation of Permit.

A. Processing. To assist the City in planning for and assigning its police, fire, and other department personnel, the producers organizers of events subject to a special event permit are encouraged to submit their applications at least three (3) months before the scheduled event; and the Special Events Committee shall process such application within sixty (60) days of the application, if practicable.

B. Denial. The Special Events Committee may deny an application for a special event permit if:

1. The applicant supplies false or misleading information; the applicant fails to complete the application or to supply other required information or documents; or the applicant declares or shows an unwillingness or inability to comply with reasonable terms or conditions contained in the proposed permit;

2. The proposed event would conflict with another is proximate to another previously permitted or previously scheduled exempt event, so that the combined impacts and required public services exceed what the City, after reasonable efforts have been made to accommodate both events, can reasonably provide; or the proposed event would interfere with construction or maintenance work in the immediate vicinity, or unreasonably infringe upon the rights of abutting properties; or

3. The proposed event would unreasonably disrupt the orderly or safe circulation of traffic as would present an unreasonable risk of injury or damage to the public.

In the event subsection 2 or 3, above, applies, the Special Events Committee shall offer the applicant the opportunity to submit an alternative date or place for the proposed event before denying the application.

If the Special Events Committee denies an application, the Committee shall state in writing the reasons for its denial.

C. Revocation. The Special Events Committee may cancel or revoke a permit already issued, upon written notice to the applicant stating the grounds for revocation if:

1. The applicant, in the information supplied, has made misstatement of a material fact; the applicant has failed to fulfill a term or condition of the permit in a timely manner; or the check submitted by an applicant in payment of the fee for a permit has been dishonored;

2. The applicant requests the cancellation of the permit or cancels the event; or

3. An emergency or supervening occurrence requires the cancellation or termination of the event in order to protect the public health or safety.

The City shall refund the permit fee in the event of a revocation caused by an emergency or supervening occurrence; the City shall refund the balance of the fee less its costs incurred if the cancellation occurs at the request of an applicant who is in compliance with this chapter.

D. Administrative Review. An applicant may request an administrative review of a Special Events Committee denial of a special events permit application, or conditions placed upon a permit that the applicant alleges are unconstitutional or will prevent the applicant from holding the proposed event. Such a review shall be conducted by an Administrative Review Committee, comprised of the Superintendent of Parks and Recreation, the Director of Transportation, and the Fire Chief, or their deputies, provided that if the deputy is a member of the Special Events Committee, then the department head shall serve on the Administrative Review Committee. A request for an administrative review shall be made to the Special Events Committee in writing within three (3) business days after the denial or issuance of the permit with conditions. The Administrative Review Committee shall issue its decision within five (5) business days of its receipt of the request for review.

Section 7. The Special Events Committee shall complete its currently planned review of its present rules and guidelines for implementing the special events ordinance and shall submit a report thereon to the City Council by January 31, 2002, and place the rules and guidelines on the internet and widely distribute them in printed form. The Public Safety Committee will review the rules and guidelines and accept public testimony at its next meeting.

Section 8. The Executive shall prepare a proposal for implementing an integrated "one-stop shopping" approach for applications for special events and shall present that proposal to the City Council within six (6) months of the effective date of this ordinance.

Section 9. The Executive shall report to the City Council after six (6) months' experience under these amendments to the Special Events Ordinance. A written report shall be submitted to the President of the Council, with copies to all Councilmembers, within sixty (60) days after the six-month anniversary of the effective date of this ordinance, and the Council may schedule a briefing in the appropriate committee. The report should include at least the following:

a. The number of events that required special event permit applications under SMC Section 15.52.005.A.2 (which includes in the definition of "special event" certain events planned to be held on private property), and a description of each such event and the reason it required a special event permit application.

b. A description of any special event permit applications that were denied or revoked during the six-month period.

c. A discussion of any issues that arose in interpreting the language of this ordinance during the six-month period.

d. Suggestions for additional amendments to the Special Events Ordinance or to the Special Events Handbook.

Section 10. Any act taken consistent with the authority and prior to the effective date of this ordinance is hereby ratified and confirmed.

Section 11. This ordinance shall take effect and be in force thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by Municipal Code Section 1.04.020.

Passed by the City Council the _____ day of ____________, 2001, and signed by me in open session in authentication of its passage this _____ day of _________________, 2001. _____________________________________ President _______ of the City Council

Approved by me this _____ day of _________________, 2001. ___________________________________________ Mayor

Filed by me this _____ day of ____________________, 2001. ___________________________________________ City Clerk

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