Ord 92-134�
ORDINANCE NO 92-134
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AN ORDINANCE OF THE CITY COUNCIL OF THE C1TY OF FEDERAL WAY,
WASHINGTON, DEFINIlVG USE OF PUBLIC RIGHTS-OF-WAY FOR ORGA1�iIZED
ACTIVITIFS; REQUIRING PERMITS AND PROVIDING FOR EXEMPTIONS;
PROCEDURES FOR APPLICATION PROCFSSING, REVOCATION AND DF.NIAL;
AND ESTABLISHING CIVII. AND CRIMIl�TAL PENALTIES FOR VIOLATIONS.
WHEREAS, the City of Federal Way is a noncharter code cit� under the laws of the
Sta.te of Washington and as such has the power to enact ordinances and regulate the use of public
rights-of-way for the protection of the public health, safety and general welfaze of the residents;
and
WHEREAS, from tin� to time, cirizens request the use of the public right-of-ways for
parades, xuns, walks and other types of special and organized activities; and
WHEREAS, for purposes of coordination and notification to the city, public
transportation agencies and emergency service pmviders, a permit system for such use is
necessary; and
WHEREAS, to maximize public safety and for prudent management, the city needs to
authorize these activities, and require certain insurance coverage;
NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHIl�TGTON, DDES
HEREBY ORDAIN AS FOLLOWS:
Section 1. The City of Federai Way, Washington, adopts the following pernut
process requirements:
ORIGINAL
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1. Permit Reauired. It shall be unlawfiil for any person, organization or group to
organize or garti.cipate in an activity on public right-of-way without first having
been issued a grop�r and currSa�►t Right-of-Way Activity Permit.
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(a) An acrivity s�hall include, but is not limited to, parades, runs, walks,
prooessions, marches, races, block parties, demonstrations, exhibitions or
organized rallies of any kind which occur on a street, sidewalk or other
public property and consisting of five (5) or more persons or two (2) or
more vehicles.
(b) "Person" means any individual, firm, Partnership, company, corporation,
association, receiver, consignce, trustee in bankruptcy, trust, estate, joint
�enture, club, joint stock company, business trust, society, or any group
of individuals acting �ss a unit.
(c) "Block Party" means an event organized for the immediate neighborhood
that includes the use of a dead-end public street which has been approved
by all neighbors' who will have , ingress and � egress impaired.
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(a) Every per�on required to- procure a;permit under the provision of any
ordinance or title of this city shall submit an application for such permit
to the City Clerk. The application shall be submitted to the City Clerk at
least 30 days prior to the intended date of the activity, unless the time is
waived by the City Manager. The application for the permit shall be
made to the City Clerk, on forms provided by said officer, which
application shall include, at a minimum, the following information:
(1) Name and address of the person responsible for the proposed activity;
(2) Date of proposed activity;
{3) Desired route, including assembling points;
(4) Number of persons, vehicles, and/or animals that will be participating
in a�tivity;
(5) Proposed start and end time;
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(6) Name and policy number of insur�nce company;
("1) Applic;ant's previous eaperie,nce with this type of activity; and
(8) Name, address and telephone number of activity coordinator and
name, address and telephone number of alternate contact.
(9) Traffic and activity control plan;
(14) Such other information as may be required by the City Clerk for
efficieat administration of this title.
(b) A non-refundable permit fee shall accompany all applications, unless
applicant is exempt pursuant to Section 4 herein.
(c) The City Clerk shall issue a receipt to the applicant for the money paid in
advance. Such receipt shall not be construed as approval by the City
Clerk for the issuance of the permit.
4. Procedure for Processing. The City Clerk sha11 issue permits in the name of the
City to all persons ;qualified under the pro�isions of this title and -shall:
(a) Adopt all forms and prescribe the information required to implement this
title.
(b) Submit all applications to the public works department, fire department
and police department for their endorsements as to compliance by
applicant with all city or other regulations which they have the duty of
enforcing.
(c) A permit shall be granted under the following conditions:
(1) The �c�ivity can be conducted without endangering public safety;
and
(2) The activity can be conducted without seriously inconveniencing
the ge,neral public; and
(3) There is sufficient public safety personnel, if it is determined that
it is necessary to monitor or direct participants, observers or the
ge,neral public, to facilitate the safe and orderly conduct of the
�ctivity; and upon payment, by the applicant, for the required
public safety personnel, as may be deemed apprapriate by the City
Manager.
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(d) If th� Police Chief, Fire Chief or Public Works Director determine that
the activity cannot meet the requirements of this ordinance, the City Clerk
may:
(1) Propose an altemate route; or
(2) ProPose an alternate date; or
(3) Pmpose an alternate time; or
(4) Propose modifications to make the activity acceptable.
(5) Notify any applicant of the approval or denial of this application
and shall, upon denial of any permit, state in writing the reason
therefor, the process for appeal thereof and deliver them to the
applicant.
(� Deny any application for permit upon written findings that the
granting ww�ld be detrimea�tal tao public peace, health or welfare,
or th�t such application for a permit is not in compliance with any
appliccatible city regulations.
(e) When any such registration is denied, the applicant may appeal such
dccision pursuant to the process described in Section 5 herein.
5. Revo ' Permits. The City Clerk . may : revoke a<.permit : if circumstances
reasonably show that the activity can no longer .be conducted consistent with
public safety.
�i n . General Conditions
1. Participar►ts shall yield the right-of-way to vehicular traffic, unless directed
otherwise by a police officer, or other traffic control official.
2. The activity will be conducted in such a manner that will ensure the safety of the
participants and spectators.
3. The applicant sh�ll be responsible for clean-up of areas and removal of all
paraph�malia and debris resulting from this acdvity; Applicant will assume
responsibility for any damage resulting from activity.
4. All applicants shall provide general liability insurance with a minimum coverage
of $5,000 and naming the City of Federal Way as an additional insured for this
activity. A certificate for tt►e this coverage must be on file prior to the activity.
The sponsor shall hold harmless the City of Federal Way, its officers, agents, and
employees from any claim, demand, action or judgement for pmperty damage,
personal injury or death arising from this activity.
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5. The activity will be conducted in such a manner that will ensure the safety of the
participants.
6. The City of Pederal VVay's permit is only valid for that portion of the activity
which occurs withia tl�e munieipal boundary, excluding State of Washington right-
of-way.
7. Permit� issi�d pursuant to this title shall not be transferable by the applicant to
any other person.
8. Basic conditions for issuance of permit for Block Party include:
(a) There shall be a designated neighborhood representative will be
responsible for meeting the City, Police and Fire conditions;
(b) The street will be closed by use of barricades or other approved devices
which are portable and easily removed;
(c) The stroet will i� closed except for an emergency lane of at least twelve
(i2) feet wide, fre� and clear of obstructions, for emergency vehicle use;
(d) T'he street will be closed except for at least 150 �feet from the end of any
cul-de-sac,
S i n 4. Exemptions.
1. Funer.il ,��sions. A funeral procession shall be exempt from obtaining a
Permit•
(a) The procession �hall proceed to the place of interment by the most direct
route which is both lawful and practicable.
(b) A funeral. pmcession shall be accompanied by adequate escort vehicles for
traffic control purposes.
(c) All mot�or vehicles in the procession shall be operated with their lights
turned ai.
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(a) The followin� shall be required to obtain a permit, but shall not be
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required to pay the application fee:
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(1) Non-profit organizations, including but not limited to religious,
civic, chazitable, be�evolent, non-profit, cultural or youth
organizations.
(2) Fr�ternal benefit societies, as defined in RCW 48.36.010, fraternal
fire insurance associations, beneficiary corporations or societies
organized under and existing by virtue of 24.16.010 and
24.16.140, inclusive, if such corporations and societies pmvide in
thesr byl�ws for �yment of death benefits as set forth in RCW
24.16.020 and 24,16.100.
(3) Any business or activity which is eacempt from payment of such
fees as pre�cribed by this title by virtue of applicable provisions of
the federal or state constitution, or applicable federal or state
statutes shall be exempt from the application payment requirement
of this article.
(4) Any religious society, association or corporation which operates
any charitable hospitai, clinic or institution devoted exclusively to
the care or healing of human b�ings.
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1. ��peal Period. Applicant shall appeal the decision for revocation or denial
within ten (10) days of receipt of the notice of such revocation or denial by filing
a Notice of Appeai with the City Clerk. Upon receipt by the City Clerk, of the
Notice of Appeat, from applicant, a hearing shall be held thereon before a
Hearing F.xaminer designated by the City. Notice of the hearing shall be given
to the appellant at lea.st ten (10) days prior to the hearing. At such hearing the
appellant shall be enti.tled to be heard and introduce evidence on his or her own
behalf.
2. T�cision of the Heazir►e Examiner. The decision of the Hearing Examiner shall
be rendered within five (S) days of the close of the hearing. The decision shall
be in writing and �hall set forth the findings and reasons for the decision, and the
applicant shall be notified in writing. The decision of the Hearing Examiner is
final unless appealed within fourteen (14) days to the City Council by filing such
Notice of Appeal with the City Clerk within the required time period.
3. Q� G� Council. The City Council shall heaz the appeal to the Hearing
Examiner dt�cision within thiriy (30) days of the filing of Notice of Appeal. The
City Council may adopt, modify or reverse the decision of the Hearing Examiner.
The decision of the City Council shall be final unless appealed by Writ of Certiori
to the Superior Court within ten (10) days of the Council decision.
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�tion 6. Pe�alties/Violations.
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(a) A person commits th� offense of unlawfiil a�ctivity if the person organizes
or pazticip�t�s in an activity on public rights-of-way in violation of Section
1.1 of this ordinance.
(b) A perscm commits the offense of interfering with an activity if the person
blocks, abstructs, hinders, impedes the passage of, or throws objects on
or toward an activity on public right-of-way or its participants; except that
a person may operate a vehicle that is not gart of the activity between the
vehi,cles or persons comprising an activity ifdirected to do so by a police
officer.
2. Criminal Penalties. Any person violating or failing to comply with any of the
provisions of this title may be punished by a fine or not more than $5,000.00 or
imprisoned for nat more than six (� months, or both, for each day or part of a
day during which the unlawful act or violation occurs. The person may also be
ordered to discontinue ; the unlawful act or correct the violation.
3. �ivil Pe ties. -Any person who fails to : comply with the provision of this title
is, in addition to any:criminal-p�nalties, subject to a maximum civil penalty of
$5,000.00 for each day or portion of the day that the violation continues.
4. Other Legal Remedies. Nothing in this title limits the right of the City to pursue
other lawful, criminal, civil or equitable remedies to abate, discontinue, con�ect
or discourage unlawful acts under or in violation of this title.
ection 7. RatifiGation. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affirmed.
ection g, Severa�. 'The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion
of this ordinance or the invalidity of the application thereof to any person or circumstance shall
not affect the validity of its application to other persons or circumstances.
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Section 9. Effective Date. This ordinance shall be effective five (5) days after passage
and publication of an approved summary consisting of the title to this ordinance.
PASSED by the City Gouncil of the City of Federal Way, this ust day of
April , 1��.
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SWANEY, CMC
APPROVED AS TO FORM:
AC CITY ATTORNEY, CAROLYN LAKE
FILED WITfI TI� CTTY CLERK April 1 1992
PASSED BY THE CITY COUNCII. April 21 1992
PUBLISHED: April 24 1992
EFFECTIVE DATE April 29 1992
QRDINANCE NO 92-134