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A. General—Sponsorship. It shall be unlawful for any person to sponsor any tournaments, exhibitions, boat races or similar events upon Silver Lake, unless a permit has been issued in accordance with this chapter.

B. Participation. It shall be unlawful for any person to participate in any tournaments, exhibitions, boat races or similar events upon Silver Lake except in accordance with a permit issued pursuant to this chapter.

C. Exhibition, Tournament Permits Authorized. The city may by permit authorize the conduct of tournaments, exhibitions, races or other events upon or in Silver Lake not otherwise restricted by state or federal regulation; provided, that such permits shall not authorize motorboat regattas, tournaments, races or other events upon or in Silver Lake where motorboats are otherwise prohibited. Such permits shall be supplementary to any other permit otherwise required.

Within the area designated for the event and during the time specified in the permit, all or part of the sections of this chapter relating to operator qualifications or equipment qualifications may be waived; provided, that such waiver is requested in writing by the sponsor and noted upon the permit.

D. Permit Application. Any person desiring to sponsor such events shall apply to the parks and recreation department not more than one hundred twenty days in advance and not less than sixty days in advance of the commencement of such events for a permit. Such application shall be submitted on forms provided by the parks and recreation department and shall specify:

1. The name and address of sponsor;

2. The general water area of the lake where such events shall be held;

3. The hours and dates of such events including the hours and dates of any trial practices or preliminary events;

4. The type or nature and extent of such events;

5. Plans drawn to scale showing the course and outer restricted area; the outer restricted area to be of such size as to permit safe passage of any vessel or swimmer outside its perimeter; all such plans to show the nature and location of all buoys and markers and other floating devices that are existing or to be temporarily placed upon the water;

6. The provisions that shall be made by the sponsor for patrolling to prevent the unauthorized entry of nonparticipants into the water areas;

7. The safety and rescue measures that shall be provided by the sponsor to insure the safety of the life, limb and property of participants and other persons;

8. All concessions and incidental activities to be conducted in connection with the event;

9. Land area under control of applicant and promoters for the purpose of accommodating anticipated crowds and preventing pressure of trespassers on private property;

10. Such other information as the city may require to fully inform it of the nature and extent of such event.

E. Permit Application—Fee. Each application for a permit shall be accompanied by an application fee of twelve dollars payable to the city. In addition, the applicant shall pay the cost of publication and of posting of notices provided for in this chapter. No permit shall be issued under this chapter unless the applicant demonstrates that the applicant will meet the conditions, limitations and restrictions of this chapter. Such application fee shall be nonreturnable.

F. Permit Applications Referral. Upon receipt of an application for permit, the parks and recreation department shall take the following action:

1. Refer copies of the application:

a. To the director of parks and recreation for the director’s comments on the desirability of the event and for the posting of notices at each public access to the lake involved,

b. To the police department for comments on the qualifications of patrol personnel, on traffic safety and on noise problems,

c. To the Snohomish Health District for adequacy of sanitation facilities;

2. Shall cause a date and time for public hearing before the park board to be set. Such hearing shall be scheduled within thirty days of receipt of the application. Notice of the hearing shall be given by publication of at least one notice not less than ten days prior to the hearing in a newspaper of general circulation within the county. Additional notice shall include posting at appropriate public access to the lake involved.

G. Permit Issuance. After the public hearing set forth in this chapter, the park board shall, within seven days, make a recommendation to the city council as to whether a permit shall issue. A recommendation to issue the permit shall be made if the park board determines that the applicant has shown that it is able to comply with all applicable requirements of this chapter and that the permit, when taken in conjunction with all other applications and permits issued during the same calendar year for the lake shall not result in a frequency or duration of such activity as will cause an unreasonable interference with other water users on the lake and that when the conditions of the permit are met, there will be no unreasonable hazard to the safety, comfort and repose of others, whether water users, landowners or road users on or in the vicinity of the lake and that the conditions in the permit will not contain a lesser standard than that specified in this chapter.

Within fourteen days of receipt of the park board recommendation, the city council shall consider the park board recommendation. The recommendation of the park board shall be adopted, unless the city council finds, after a review of the entire record before the park board, that the requirements of this chapter will not be met by the applicant.

H. General Conditions of Use. Permits for any regatta, tournament, race or other event is subject to the following minimum limitations and conditions:

1. That the plan, map and text showing the course restricted area, location of buoys, markers and other safety equipment, shore and upland under control of applicants, with parking areas located thereon, together with attendant and participant areas and toilet facilities shall when approved or approved as modified bind the applicants and promoters to the stated locations, terms and conditions.

2. That all buoys, markers and other safety equipment, and toilet facilities shall be in place not later than two hours prior to time specified for any activity permitted by the permit.

3. That the qualifications of the traffic-control persons, crowd control persons and restricted area patrol persons specified in the permit have been approved by the police department in accordance with the conditions of the permit and of this chapter and that such persons are on duty not later than one hour prior to the period specified on the permit for which their use will be required. Use of alcohol, narcotic drugs by any of the above specified personnel during any period for which they are required to be on duty shall void the permit.

4. That during any competition emergency medical aid personnel and equipment specified in the permit are on duty at the stations specified in the permit.

5. That a policy of insurance affording property damage and bodily injury liability coverage including liability for damage caused by wake or any motorboat operating as a result or as a participant in any event within the restricted area bearing limits commensurate with the hazard, such limits to be not less than one million dollars for each occurrence in the case of activities involving motorboats, which policy shall afford primary coverage to the city and shall name all the promoters and the city as additional insurers on such policy. The city shall be furnished with a copy of such policy not less than ten days prior to the event, which policy shall be accompanied by a letter from the authorized representative of the insurance company, certifying the policy will be in force on the day of the event.

6. That the applicant and promoters shall remove all temporarily placed equipment immediately at the termination of permitted events and shall remain liable for damages sustained as a result of their failure so to do and for the cost of removal.

7. The fueling, refueling and handling and storage of fuel shall be subject to the inspection of the fire department. The applicant shall comply with any requirements or conditions which the fire department may impose.

8. That any other special conditions imposed are complied with.

I. Restricted Area Designation—Effect. When buoys and markers provided for in the permit are installed and in place during the period of time specified in the permit, it shall be unlawful for any person or vessel to be in the restricted area of the water unless such person is an applicant or promoter or participant in the permitted activity or is a city administrative or law enforcement person or a person providing emergency aid.

J. Duty of Everett Police Department. If there is a violation of the permit, the police department may arrest the violator or in lieu thereof issue a citation to such violator. If there is a failure to comply with any condition of the permit, the director of parks and recreation may suspend such permit until the defect is corrected or if the director finds that the correction will not be made within the operating period of the permit, the city may revoke the permit. Any activity authorized by the permit shall be unlawful during a period of suspension and after revocation. (Ord. 1183-85 § 9, 1985.)