Ordinance 3661ORDINANCE NO. 3661
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, CREATING A NEW CHAPTER 4.98
CONSTITUTIONALLY PROTECTED EVENTS TO
ESTABLISH CRITERIA FOR APPROVING, CONDITIONING,
AND DENYING PERMITS FOR EVENTS THAT ARE
CONSTITUTIONALLY PROTECTED INTENDED
PRIMARILY FOR THE COMMUNICATION OR EXPRESSION
OF IDEAS, PROVIDING FOR SEVERABILITY, AND FIXING
A TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, certain events that attract a large number of people, whether on
public or private property, impact both vehicular and pedestrian traffic causing congestion on
public streets, rights -of -ways, and other public facilities; and
WHEREAS, certain events that attract a large number of people, whether on
public or private property, impact the need for City - provided emergency services, such as police,
fire or medical aid; and
WHEREAS, sometimes said events are constitutionally protected although certain
regulation and guideline by the City are permitted; and
WHEREAS, the City Council deems it appropriate to establish criteria for
permitting such events, while recognizing our right to organize and participate in constitutionally
protected events, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. A new Chapter 4.98 ECC Constitutionally Protected Events. is hereby
adopted in Title 4 ECC Licenses. to read as follows:
Chapter 4.98
CONSTITUTIONALLY PROTECTED EVENTS
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Sections:
4.98.010
Definitions.
4.98.020
Permit Required.
4.98.030
Grounds For Denial Of Application.
4.98.040
Permit Conditions - Appeal.
4.98.050
Revocation Of Permits.
4.98.060
Violation — Penalty.
4.98.070
Savings Clause.
4.98.010 Definitions.
A. "Constitutionally Protected Events" include any event, such as political or religious
activity, intended primarily for the communication or expression of ideas that is to be
conducted on public property or on a public rights -of -way; and, also, any such event held
on private property which would have a direct significant impact on traffic congestion; or
traffic flow to and from the event over public streets or rights -of -ways; or which would
significantly impact public streets or rights -of -way near the event; or which would
significantly impact the need for City - provided emergency services, such as police, fire
or medical aid.
B. "Use" shall mean to construct, erect, or maintain in, on, over or under any street, right -of-
way, park or other public place, any building, structure, sign, equipment or scaffolding, to
deface any public right -of -way by painting, spraying or writing on the surface thereof, or
to otherwise occupy in such a manner as to obstruct the normal public use of any public
street, right -of -way, park or other public place within the City, including a use related to
special events.
4.98.020 Permit Required.
A. A permit from the City is required for any Constitutionally Protected Events as defined in
this Chapter. Such permit shall be in lieu of any other city permit, including but not
limited to parade, street use and park use permits as they may be required by ordinance.
B. Contents of application: The applicant must file the application in writing on a form
supplied by the City to the license officer, setting forth:
1. Contact information of the applicant, including but not limited to name, telephone
number and address;
2. the date, time, and expected duration of the event;
3. The probable number of participants;
4. The place or route of the event, including a map and written narrative of the
proposed route;
5. A description of all public ways proposed to be blocked;
6. A description of the measures to be taken to protect participants and the general
public from injury, including traffic control and crowd control, emergency
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medical services, fire and life safety services and emergency communication
systems;
7. A description of the measures to be taken to insure cleanup of any litter or
damage resulting from the event;
8. The number and location of portable sanitation facilities, if any;
9. A certification that the applicant will be financially responsible for any cost to the
City resulting from breach of any condition of the permit;
10. A certification that the applicant will not sponsor or encourage any commercial
activity unrelated to First Amendment rights during the event;
11. A description of the types and number of vehicles to be used in the special event;
12. Insurance and surety bond information, if any;
13. Any other additional information required to ensure public health, safety and
welfare.
C. A Constitutionally Protected Event permit is not required for the following:
1. Parades, athletic events or other special events that occur
exclusively on City property and are sponsored or conducted in full
or in part by the City.
2. Funeral and wedding processions.
3. Groups required by law to be so assembled.
4. Gatherings of 30 or fewer people in a City park, unless merchandise or services
are offered for sale or trade.
6. Other similar events and activities which do not directly affect or use City
services of property.
D. Any person desiring to obtain a Constitutionally Protected Event permit shall apply for
such a permit by filing an application with the City at least sixty (60) days prior to the
date on which the event is to occur.
E. Waiver of Application Deadline: Upon a showing of good cause or at the discretion of
the City, 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.
4.98.030 Grounds For Denial Of Application.
A. The City may deny an application for a Constitutionally Protected Event permit if:
1. The applicant provides information that is false, misleading, or nonexistent in any
material detail; the applicant fails to complete the application or to supply other
required information of documents; or the applicant declares or shows an
unwillingness or inability to comply with the reasonable terms or conditions
contained in the proposed permit;
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2. The proposed event would conflict with another proximate event, interfere with
construction or maintenance work in the immediate vicinity, or unreasonably
infringe upon the rights of abutting property; 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.
4. The proposed event would engage in, advocate, or encourage illegal activities that
threaten and endanger public health, safety and welfare.
B. In the event subsection 2 or 3, above applies, the City shall offer the applicant the
opportunity to submit an alternative date or place for the proposed event before denying
the application.
4.98.040 Permit Conditions - Appeal.
A. The City may condition the issuance of a Constitutionally Protected Event permit by
imposing reasonable requirements concerning the time, place and manner of the event,
and such requirements as are necessary to protect the safety and rights of persons and
property, and the control of traffic. The following conditions apply to all Constitutionally
Protected Event permits:
1. Alteration of the time, place and manner of the event proposed on the event
application.
2. Conditions concerning the area of assembly and disbanding of an event occurring
along a route.
3. Conditions concerning accommodation of pedestrians or vehicular traffic,
including restricting the event to only a portion of the street or rights -of -way.
4. Conditions concerning cleanup and restoration of areas used for the permitted
event upon conclusion.
5. Compliance with any other applicable federal, state or local law or regulation.
B. The applicant shall have the right to appeal the denial of a permit or a permit condition.
A written Notice of Appeal shall be filed within three (3) business days after receipt or
personal delivery of a notice of denial or permit conditions from the City. Receipt of
notice of denial or permit conditions shall be presumed three days after the same is
mailed with USPS postage prepaid and certified. The written Notice of Appeal shall set
forth the specific grounds for the appeal and attach any relevant documents for
consideration. The Hearing Examiner shall hear the appeal on the record provided from
the designated City official and upon public comment given at the scheduled hearing
before the Examiner. The hearing shall be scheduled for the earliest possible hearing
date after receipt of a timely and proper Notice of Appeal. The decision of the Hearing
Examiner shall be final.
4.98.050 Revocation Of Permits.
A. Any permit issued under this ordinance may be summarily revoked by the City at any
time when, by reason of disaster, public calamity, riot or other emergency or exigent
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circumstances, the City determines the safety of the public or property requires such
immediate revocation. The City may also summarily revoke any permit issued pursuant
to this ordinance if the City finds that the permit has been issued based upon false
information or when the permittee exceeds the scope of the permit or fails to comply with
any condition of the permit.
B. Notice of such action revoking a permit shall be delivered in writing to the permittee by
personal service or certified mail at the address specified by the permittee in the
application. To the extent that written notice by personal service or certified mail is not
likely to achieve timely actual notice, any other reasonable form of notification intended
to achieve the same shall suffice.
4.98.060 Violation — Penalty.
A. It shall be unlawful for any person to sponsor or conduct an event requiring a
Constitutionally Protected Event permit pursuant to this ordinance unless a valid permit
has been issued and remains in effect for the event. It is unlawful for any person to
participate in such an event with the knowledge that the sponsor of the event has not been
issued a required, valid permit or with knowledge that a once valid permit has expired or
been revoked.
B. The Constitutionally Protected Event permit authorizes the permittee /sponsor to conduct
only such an event as is described in the permit, and in accordance with the terms and
conditions of the permit. It is unlawful for the permittee /sponsor to willfully violate the
terms and conditions of the permit, or for any event participant with knowledge thereof to
willfully violate the terms and conditions of the permit or to continue with the event if the
permit is revoked or expired.
C. Any person or organization violating the provisions of this chapter shall be guilty of a
misdemeanor, and upon conviction thereof, shall be subject to a penalty of a fine of not
more than five hundred dollars or by imprisonment of not more than ninety days, or both
such fine and imprisonment.
4.98.070 Savings Clause.
If any section, sentence, clause, phrase, part or portion of this ordinance is for any reason held to
be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this ordinance.
Section 2. Severability. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
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Section 3. Effective Date. This ordinance, being an exercise of a power specifi-
cally delegated to the City legislative body, is an administrative and legislative act not subject to
referendum, and shall take effect five (5) days after passage and publication of an approved
summary thereof consisting of the title.
APPROVED:
MAY . R G HAAKENSON
ATTEST /AUTHENTICATED:
CI Y CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY ) 56�t&
W. Scott Snyder
FILED WITH THE CITY CLERK: 08/17/2007
PASSED BY THE CITY COUNCIL: 08/20/2007
PUBLISHED: 08/26/2007
EFFECTIVE DATE: 08/31/2007
ORDINANCE NO. 3661
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SUMMARY OF ORDINANCE NO. 3661
of the City of Edmonds, Washington
On the 20th day of August, 2007, the City Council of the City of Edmonds,
passed Ordinance No. 3661. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, CREATING A NEW CHAPTER 4.98
CONSTITUTIONALLY PROTECTED EVENTS TO
ESTABLISH CRITERIA FOR APPROVING, CONDITIONING,
AND DENYING PERMITS FOR EVENTS THAT ARE
CONSTITUTIONALLY PROTECTED INTENDED
PRIMARILY FOR THE COMMUNICATION OR EXPRESSION
OF IDEAS, PROVIDING FOR SEVERABILITY, AND FIXING
A TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 21st day of August, 2007.
CITY CLERK, SANDRA S. CHASE
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-7-
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH
SUMMARY OF DINAOR NCESNO. Oggt
ote itytyo
On the 20th day o(Augustt,, 207. the City City of Edmonds, passed Ordinance No. 3661. Ansummary
of the content of said ordinance, consisting of the title, pro-
1 vide5 as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WA-
SHINGTON, CREATING A NEW CHAPTER 4.98 CON-
STITUTIONALLY PROTECTED EVENTS TO EbiA�-
AND DENYING PERMITS FOR VENTS DTHATNAR
CONSTITUTIONALLY PROTECTED INTENDED PRI-
MARILY FOR THE COMMUNICATION OR EXPRES.
SION OF IDEAS, PROVIDING FOR SEVERABILITY,
AND FIXING A TIME WHEN THE SAME SHALL 13E-
CE ThOeNfullEtext of his Ordinance will be mailed upon request.
DATED this 21st day of Au ust, 2007.
t Published: August 26, 2 I
{ { {{ CITY CLERK, SANDRA S. CHASE A
007.
RECETWD
AUG 3 0 2007
EDMUNDS CITY CLERK
Account Name: City of Edmonds
Affidavit of Publication
S.S.
The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of
THE HERALD, a daily newspaper printed and published in the City of Everett, County of
Snohomish, and State of Washington; that said newspaper is a newspaper of general
circulation in said County and State; that said newspaper has been approved as a legal
newspaper by order of the Superior Court of Snohomish County and that the notice
Summary of Ordinance No. 3661
City of Edmonds
a printed copy of which is hereunto attached, was published in said newspaper proper and not
in supplement form, in the regular and entire edition of said paper on the following days and
times, namely:
August 26, 2007
and that said newspaper was regularly distributed. to ;Ls -subscribers during all of said period.
Subscribed and swom to before me this 27th
day of August, 2007 c/
NQTARY
Notary Pub ' to and or the State of Washington, residing at i tt bhol"08
County.
WA SV49
Account Number. 101416 Order Number: 0001532130