Chapter 5.04 MASS GATHERINGS AND SOCIAL GATHERINGS

(1) “Person in charge of property” means an agent, occupant, lessee, contract purchaser, or person other than the owner, having possession or control of property.

(2) “Mass gatherings” means all gatherings of people reasonably anticipated to number more than 3,000 for a continuous period of 24 hours or more, more than 10 percent of which will assemble outdoors or in temporary structures specially constructed, erected, or assembled for the gathering; whether or not an admission fee is charged.

(3) “Permanent structure” includes a stadium, an arena, an auditorium, a coliseum, a fairground, or other similar established places for assemblies.

(4) “Temporary structure” includes tents, trailers, chemical toilet facilities and other structures customarily erected or sited for temporary use. (Ord. 305 § 2, 2018; Ord. 301 § 2, 2017)

5.04.020 Policy and findings.

The county court takes public notice that gatherings of people numbering more than 3,000 people for a continuous period of 24 hours or more and more than 10 percent of which will assemble outdoors or in temporary structures specially constructed, erected, or assembled for the gathering creates hazardous conditions, including, but not limited to, traffic, solid waste disposal, sanitation, sewage disposal, public health, fire protection, and noise; now, therefore, finds and determines that this chapter which prescribes the procedure and rules and regulations for conducting public assemblies is necessary to protect the health, safety, and welfare of the citizens of Crook County. This chapter shall be liberally construed to accomplish this purpose. (Ord. 305 § 3, 2018; Ord. 301 § 2, 2017)

5.04.030 Basic clause.

It shall be unlawful for any sponsor, owner of property, or person in charge of property to initiate, organize, promote, permit, conduct, or cause to be advertised a mass gathering, unless a permit has been obtained pursuant to this chapter. A separate permit shall be required for each mass gathering for the period of time designated by the permit.

Crook County reserves the right to deny an application for a permit if the applicant has a prior history (within the past five years), of violating the terms of a Crook County issued mass gathering permit. (Ord. 301 § 2, 2017)

5.04.035 When land use approval required.

Any gathering of more than 3,000 persons which continues or can reasonably be expected to continue for more than 120 hours within any three-month period and any part of which is held in open spaces within the county may only be permitted by the Crook County planning commission. The review of any such application will be as required for a land use approval subject to the conditions of ORS 433.750 and 433.763. (Ord. 301 § 2, 2017)

5.04.040 Permit requirement.

No mass gathering may be held in the unincorporated areas of Crook County, unless the event’s sponsor, the owner of property, and the person in charge of property upon which the gathering will be conducted jointly apply for and are granted a permit as herein provided.

(1) No permit shall be available for a period of more than 120 hours’ duration.

(2) No applicant shall be under 18 years of age.

(3) No permit may be transferred or assigned.

(4) In case of dispute over the number of people reasonably anticipated to attend a mass gathering the determination of the county court shall control.

(5) A permit issued under this section does not entitle the organizer to make any permanent physical alterations to or on the real property or to erect any permanent structures on the site of the mass gathering.

(6) A permit issued under this section shall authorize the mass gathering for a specific time period, including times and dates, but not exceeding 120 hours in duration. The total number of attendees shall not exceed 3,000 persons outside the specific time period stated in the permit. The event sponsor shall coordinate set up and break down subject to these same limitations. (Ord. 301 § 2, 2017)

5.04.050 Application.

(1) Written application for each mass gathering shall be made to the county court for Crook County 90 days or more prior to the first day upon which the mass gathering is to commence. The application must be accompanied by each of the following:

(a) The application fee described in subsection (4) of this section.

(b) A traffic control plan (“TCP”) showing how traffic will enter the local road system (including state, county, and city roadways and any other roadways adjacent to the property) and exit the road system without substantial interruption to surrounding properties or traffic along the road system. This may require flaggers and advance temporary signing. The cost of such a plan and the execution of the plan will be the responsibility of the applicant.

(c) A list of those crowd control personnel must be presented to the Crook County sheriff along with the application. The proposed traffic control and crowd control personnel shall be subject to a criminal records check. No person may serve as crowd control or traffic control personnel if he or she has been convicted of a felony.

(2) Application shall be made on forms specified by Crook County and shall contain at least the following information:

(a) The full legal names and addresses of all event sponsors;

(b) The full legal name and address of the owner and person in charge of the property to be utilized for the mass gathering;

(d) The location and address and the description of the property to be utilized for the mass gathering, including the assessor’s map and tax lot number;

(e) Beginning and end dates of the proposed gathering, including the dates of set-up and clean-up;

(f) Hours of operation of the gathering;

(g) The estimated attendance of the proposed gathering, including staff, contractors, event guests (ticketed or otherwise), or any other person at the location of the gathering. Collectively, all such persons may be referred to as “attendees”;

(h) Description of planned activities at the gathering including the program for the mass gathering, or if no program is prepared, a narrative statement as to the purpose for which the gathering is to be conducted;

(i) A detailed site plan map showing existing structures on the property, proposed temporary structures, activity areas, stages, driveway access, parking and circulation areas;

(j) Those additional plans, drawings, and information required to meet the provisions of CCC 5.04.060 and 5.04.070;

(k) If facilities are to be constructed, assembled or erected on the premises in preparation of the event or future events, or food services are to be provided, a written, legible and comprehensive plan of the location and manner of construction, assembly or erection of said facilities;

(l) Applicants’ statement that they shall abide by the terms and provisions of this chapter, and all laws, rules and regulations of the state of Oregon, and Crook County, which are by reference incorporated therein;

(m) The dates and locations of other public assemblies sponsored or promoted by the applicant, whether within Crook County or elsewhere; and

(n) Other information which the county may require.

(3) Each applicant for permit shall be subject to a criminal records review. Record of conviction of a felony may be grounds for denial of the permit.

(4) (a) Each permit application shall be accompanied with a fee to cover the cost of inspection, investigation, issuance, and processing of the application. The amount of the fees will be set by the county court in accordance with the terms of ORS 203.115.

(b) Until the fees are established by court order, said fees shall be provided by this section. Upon establishment of fees by court order, the fees established by this section will no longer be effective. The application fee shall be: $5,000.

(c) The applicant may include with the application a statement that the applicant is unable to pay the application fee and request that the county waive the fee. The burden of proof lies with the applicant, and the county will review the request based upon a standard of whether the applicant has shown by a preponderance of the evidence that the applicant is unable to pay the applicant fee but nevertheless has the means, ability, financial resources, and other capacities necessary to successfully conduct the mass gathering.

(5) The county court shall either grant, conditionally grant, or deny the permit not less than 30 days prior to the commencement of the proposed mass gathering.

(6) The applicant shall meet with county representatives 60 days before the event, 30 days before the event and seven days before the event, and at all other times as may be reasonably required by the county, to make certain that all permit conditions shall continue to be met.

(7) Written notice of the gathering shall be sent by mail or email at least 21 days prior to the public hearing on the proposed gathering to the following individuals and entities:

(a) All property owners of record within 750 feet of the subject property and any contiguous properties.

(b) Crook County Sheriff. Upon receipt of an application for an outdoor mass gathering permit, the sheriff shall consider the requirements of OAR 333-039-0050, Security Personnel, and 333-039-0055, Parking; whether an alcohol or other substance-related permit is needed and, if so, has been obtained by OLCC; and any other matter that may impact the public safety and general welfare. The sheriff or designee will make a recommendation to the county court whether to approve the application, approve the application subject to conditions, or deny the application as presented.

(c) Crook County Public Health Official. Upon receipt of an application for an outdoor mass gathering permit, the public health official will consider the requirements of OAR 333-039-0015, Water Supply, OAR 333-039-0020, Drainage, OAR 333-039-0025, Sewerage Facilities, OAR 333-039-0030, Refuse Storage and Disposal, OAR 333-039-0035, Food and Sanitary Food Service, and in addition to the fire chief, OAR 333-039-0040, Emergency Medical Facilities, and any other matter that may impact the public health, safety, and welfare. The public health official or designee will make a recommendation to the county court whether to approve the application, approve the application subject to conditions, or deny the application as presented.

(d) Local Fire District. Upon receipt of an application for an outdoor mass gathering permit, the county will forward a copy thereof to the local fire district chief with a request that the chief consider the requirements of OAR 333-039-0040, Emergency Medical Facilities, and 333-039-0045, Fire Protection, and any other matter that may impact the public health, safety, and welfare. It is requested that the fire chief or designee make a recommendation to the county court whether to approve the application, approve the application subject to conditions, or deny the application as presented.

(e) Crook County Road Department. Upon receipt of an application for an outdoor mass gathering permit, the road master will consider the proposed TCP and the likely effects of the proposed mass gathering on the local transportation infrastructure, and any other matter that may impact the public health, safety, and welfare. Modifications to the plan during the event may be necessary to ensure that the traffic needs of the county road system are protected. The road master or designee will make a recommendation to the county court whether to approve the application, approve the application subject to conditions, or deny the application as presented.

(f) Oregon Department of Forestry. Upon receipt of an application for an outdoor mass gathering permit, the county will forward a copy thereof to ODF with a request that the district manager or designee make a recommendation as to whether to approve the application, approve the application subject to conditions, or deny the application as presented.

(g) Oregon Liquor Control Commission. If alcohol or other substances within the jurisdiction of OLCC will be served or permitted on site, or are likely to be served or permitted, OLCC is invited to make a recommendation as to whether to approve the application, approve the application subject to conditions, or deny the application as presented.

(h) The county may send the notice to other potentially affected service districts and agencies that may have jurisdiction over or otherwise be impacted by the gathering including, but not limited to, appropriate water district, sewer district, state agencies such as the Oregon Department of Transportation and federal agencies. These agencies are invited to make a recommendation as to whether to approve the application, approve the application subject to conditions, or deny the application as presented.

(8) Notice of the public hearing will contain information on the date, time and place of the hearing and contact information where additional information may be obtained. Notice will include the location of the gathering, the nature of the gathering and the proposed time and dates of the gathering. In no event will notice be published fewer than 10 days before any public meeting at which deliberations will be held.

(9) A mass gathering permit shall be reviewed at a public hearing by the Crook County court. A decision of the Crook County court to deny the issuance of a permit under this chapter shall be reviewable by the circuit court of the state of Oregon for the county of Crook, solely and exclusively by writ of review under the provisions of ORS 34.010 through 34.100. (Ord. 301 § 2, 2017)

5.04.060 Indemnity of Crook County.

As a condition of the approval of any outdoor mass gathering, the event permittee agrees that it shall defend, indemnify and hold harmless Crook County, its agents, servants and employees, respectively, against all claims, demands and judgments (including attorney fees) made or recovered against them for damages to real or personal property or for bodily injury or death to any person, arising out of, or in connection with the outdoor mass gathering, including any claims, demands, or judgments alleged by the permittee due to violations of the conditions of approval or this chapter, to the extent such damage, injury or death, is caused by the negligence or intentional wrongful act of the permittee, for its employees, servants, agents, or attendees.

This indemnification may be supplemented by an indemnity agreement signed by the permittee as required by the county. (Ord. 301 § 2, 2017)

5.04.070 Conditions of approval.

No permit or approval of a mass gathering application will be issued by the county unless all of the conditions recited herein have been met to the satisfaction of the county court. The permittee may not allow the mass gathering to begin earlier than the starting day and hour specified in the conditions of approval, nor allow the mass gathering to continue later than the ending day and hour specified in the conditions of approval.

(1) The application must include a reliable contact telephone number, updated as necessary to stay current, for immediate contact with the person in charge of the property at all times during the gathering. Further, the person in charge of the property must be available at this telephone number continuously during the mass gathering, including time for set-up and clean-up, at any hour of the day or night.

(2) Sanitary Facilities. Written approval of the Crook County environmental health sanitarian and public health official indicating that applicants’ plan for water supply, toilet facilities, washing facilities, and food preparation and service, if applicable, the type of food preparation and food facilities to be provided conform with applicable state law, rules and regulations relating to the public health.

(3) Fire Protection. Written approval of the appropriate fire district or fire protection agency in which the mass gathering is to occur, including plans for the provision of adequate fire protection, adequate wildfire protection, emergency vehicle access, firefighting water supply, emergency medical personnel and facilities.

(4) Public Safety. Written approval of the Crook County sheriff indicating that plans have been made to meet the following conditions:

(a) Applicants have provided for adequate traffic control and crowd control personnel; i.e., one traffic control officer for each 250 persons reasonably anticipated to be in attendance and one crowd control officer for each 250 persons reasonably anticipated to be in attendance.

(b) Crowd control and traffic control personnel must be qualified to be certified as peace officers of the state of Oregon, or meet other qualifications as determined by the sheriff.

(c) Crowd control and traffic control personnel shall as soon as reasonably possible report any violations of law to the sheriff’s office of Crook County.

(d) The applicant will provide accurate, contemporaneous information on the number of attendees at the gathering, at that date and time, at least once each day at 7:00 a.m., or such other time as the county may require.

(5) Written approval by the Crook County health director or designee indicating that adequate facilities to accommodate sewage disposal (e.g., portable toilets) will be available on site.

(6) Written approval by the Crook County health director or designee indicating that adequate water supply is provided.

(7) Written approval of the Crook County health director or designee indicating that any and all food handling permits have been obtained.

(8) Compliance with Oregon Liquor Control Commission regulations if alcohol service or the service of any other type of substance under the regulatory authority of OLCC is proposed.

(9) Medical Services. Written approval by the Crook County health director or designee indicating that sufficient medical service has been provided by the applicant, as per state law.

(10) Parking Facilities. Written approval of the community development department of Crook County indicating that parking is available within or adjacent to the premises upon which the mass gathering is to be conducted as herein provided.

(a) Such parking facilities shall provide parking space for one vehicle for every two and one-half persons reasonably anticipated to be in attendance.

(b) Adequate ingress and egress shall be provided from such parking area to facilitate the movement of any vehicle at any time to or from the parking area; provided, however, that should buses be used to transport the attendees, it shall be shown that public parking, as described above, is available at any site from which buses are scheduled to pick up persons to transport them to the mass gathering.

(c) The county may, as a condition of approval, require that the costs for road traffic counters or other means of verifying the number of attendees be borne by the permittee.

(11) Structures. Written approval by or permit from the community development department of Crook County that facilities to be constructed, assembled, erected, or utilized are in conformance with the zoning ordinance and building code of the state of Oregon and Crook County.

(12) All facilities to be specially assembled, constructed or erected for the mass gathering must be in place before the commencement of the mass gathering and be approved by the building and health departments.

(13) Access and Transportation Facilities. Written review and approval of applicable federal, state and local agencies indicating that existing or proposed plans for access to and from the mass gathering area are adequate to serve the anticipated use. The applicant will comply with the directives of the county road department regarding the type, number, and placement of traffic advisory signage, culverts, and other similar matters.

(14) Solid Waste Disposal. Written approval of the county community development and health departments, and other agencies where applicable, indicating that the applicants’ plan for solid waste storage and disposal conforms to applicable regulations governing such.

(15) In addition to the application fee, the applicant shall have submitted a cash deposit in an amount set by the county court to cover costs that are related to the gathering including but not limited to the cost of deploying or employing additional personnel and any cleanup costs associated with the gathering.

(a) The presumptive deposit amount will be $25,000. The county court may increase or decrease this deposit amount based upon the application material submitted by the applicant, and upon review of the recommendations of public officials and the testimony of the general public. Such review will take into consideration the past performance of the applicant, associated persons or business entities, and other relevant factors.

(b) Fifty percent of the deposit is nonrefundable. The remaining portion of the cash deposit will be held by the county against costs incurred in responding to conditions created by or reasonably anticipated to be created by the gathering.

(c) In addressing the costs related to the gathering, the county will draw first upon the non-refundable portion of the deposit, and thereafter the refundable portion of the deposit. The balance of the refundable portion of the deposit will be returned to the applicant upon final audit of the county as to what damages, costs, development, or employment of personnel, if any, was necessary.

(16) The applicant shall submit a corporate bond of indemnity, letter of credit, or additional cash deposit in a form approved by the county counsel, to save and protect from any and all damage that might be caused by vehicles, employees, or participants in the mass gathering and to be used, if necessary, to restore the premises where such mass gathering held to a sanitary condition and pay all charges and losses to the county for damages incurred. The bond, letter of credit, or additional cash deposit shall be in an amount set by the county court, with a presumptive dollar value of $500,000.

(17) The sponsor, the property owner and person in charge of the property making application shall sign as an additional indemnitor to insure against damage to streets, pavement, bridges, road signs, and all other county property, and to insure that property will be restored to a sanitary and safe condition. The amount of the bond becomes a lien against the property and may be levied against the property if the indemnification bond is not sufficient to meet the costs incurred and any cost of the county for deploying or employing personnel directly attributed to the conduct of the mass gathering. The county may record the permit and conditions in the county’s deed records if it determines in its sole discretion that expenses incurred may not be reimbursed from another source. The procedure for assessment and enforcement shall be as stated in ORS 368.910 through 368.925, as applicable.

(18) A certificate of insurance, plus the entirety of the written policy, for casualty insurance to cover claims relating to the event including but not limited to pre-event setup, the event itself, and post-event clean up activities. The insurance policy will include limits set by the county court, not to exceed $1,000,000 or the limits established by the state legislature, whichever amount is greater. The permittee will provide current copies of the policy to the county immediately upon request. The insurance policy must contain the complete statement “Crook County is named as an additional insured,” it being the intent of the parties that the required insurance will provide contractual liability and additional insured coverage for Crook County consistent to cover the indemnity obligations described in CCC 5.04.060. The policy must be on an “occurrence” basis, and provide for the payment of claims within 180 days after the scheduled termination of the outdoor mass gathering. The insurance policy may not be cancellable and will provide coverage against liability for death, injury, or disability of any person and for damage to property arising out of the mass gathering.

(19) Any other condition of approval that the county court may require in a given instance, after conducting an individualized review of the circumstances of the application.

(20) The approval of any permit is expressly conditioned upon the applicant consenting to the personal jurisdiction of Oregon court for any matter related to the conduct of the mass gathering. (Ord. 301 § 2, 2017)

5.04.075 Application revision process.

If after the county has approved an application for a mass gathering and issued a permit, and the permittee believes that circumstances have sufficiently changed so as to warrant a revision in the conditions contained in the permit, the conditions may be revised as follows:

(1) A request by the permittee to revise the permit may be made to the county not later than 90 days prior to the first day of the permitted gathering. The request will be made on the county’s application form with any changes from the original application clearly marked. In addition, the application form will include a separate narrative explaining the reason why the permittee is requesting a revision. If the request to revise the permit is not received 90 days or more before the first day of permitted gathering, regardless of when the original application was received, no amendment to the permit will be approved.

(2) The request must be accompanied by an application fee equal to the fee that would be required for an original application of the same kind (timeframe, number of attendees, etc.).

(3) Upon receipt of the revision request application, the county may decide to reject the request, to approve the request without a public hearing, or may decide to deliberate upon the request in a public hearing.

(a) The county may approve the request for a revised permit without a public hearing if, in the judgment of the county, the requested revision is limited in scope such that the event as proposed by the original application remains fundamentally and substantially unchanged. Such approval is limited to those instances where the requested revision is discrete, specifically defined, and would not have altered the county’s decision to approve the application if the revised application had been submitted originally. All other revisions requests will require approval at a public hearing.

(b) If a public hearing is held to consider the revision request, the county will provide notice to all those persons who were entitled to notice under CCC 5.04.050, except that, in its discretion, the county may decide that sending notice 21 days prior to a hearing is not reasonably feasible, in which case notice will be sent with as much time as the county deems practicable under the circumstances. In no event will notice be sent fewer than 10 days before any public meeting at which deliberations would be held.

(4) The county court will deliberate upon the request as described in this section, taking into consideration all evidence and testimony presented, and may decide to approve the revision request, deny the revision request, or approve the revision request subject to conditions.

(5) Unless the request for a revision of the permit is affirmatively approved by the county in writing, the request is considered rejected and the original conditions of approval continue in full force and effect. Silence on the part of the county is not acceptance of the request. (Ord. 301 § 2, 2017)

5.04.080 Conduct of mass gathering.

(1) No permittee or persons having control of the mass gathering shall permit any person to bring onto the property any intoxicating liquor, narcotic, or dangerous drug nor permit intoxicating liquor, narcotic, or dangerous drugs to be consumed, used or offered on the property and no person during the mass gathering shall take or carry onto the property or consume, use or offer thereon intoxicating liquors, narcotics, or dangerous drugs, except as licensed or permitted by state and federal law.

(2) The burden of proving compliance with the approval of the conditions of the mass gathering permit is upon the permittee(s) of the mass gathering.

(3) The county court of Crook County, its authorized agents and representatives, and the representatives of the county departments having responsibility for approval under this chapter shall be granted access to the mass gathering at all times for the purpose of inspection and enforcement of the terms and conditions of approval.

(4) If, at any time during the conduct of the mass gathering, the number of persons in attendance exceeds by 10 percent the number of persons represented by the applicants for the permit anticipated to be in attendance, the county court, the sanitarian, or the sheriff shall have the authority to require the applicants to limit further admissions until all conditions and provisions recited herein are met.

(5) Any applicant with more than a 10 percent proprietary interest, if any, in the mass gathering and the owner of property or person in charge of the property shall be required to be in attendance at the mass gathering and shall be responsible for ensuring that no person shall be allowed to remain on the premises who is violating any state or county laws.

(6) Public assemblies operating without a permit under this chapter, based on a reasonable anticipation of fewer than 3,000 persons in attendance, shall limit attendance therein to 2,999 persons, and printed tickets, if utilized, cannot number more than 2,999.

(7) The permittee will keep a count of all persons and vehicles entering and leaving the event at all times. It is the responsibility of the permittee(s) to provide accurate, contemporaneous information on the number of attendees at the gathering upon request from the county and at least once each day at 7:00 a.m. or such other time as the county may require. If at any time during a permitted event the number of persons or vehicles attending exceeds the number of persons or vehicles estimates in the permit application, the sheriff or designee may require the permittee to limit further admissions until a sufficient number of individuals or vehicles have left the site to bring the actual attendance down to the permitted number.

(8) At all times, the permittee(s) and person in charge of the property are jointly and severally responsible for ensuring that order is maintained at the mass gathering. (Ord. 301 § 2, 2017)

5.04.085 Presumptions of law.

(1) For the purpose of determining compliance with the terms of this chapter, the county may in good faith rely upon the following presumptions:

(a) That each passenger vehicle at the mass gathering represents two and one-half attendees, that each recreational vehicle or travel trailer represents five attendees, and that each bus represents 50 attendees.

(b) That advertisements published regarding the mass gathering are published by the permittee(s) and/or person in charge of the property, and that the contents thereof represent accurate and truthful statements from such persons.

(2) The county may incorporate additional presumptions into any approval or conditional approval. (Ord. 301 § 2, 2017)

5.04.090 Enforcement and penalties.

(1) Any person who initiates, organizes, promotes, permits, conducts, or causes to be advertised a mass gathering or the owner of property, or person in charge of property upon which a mass gathering is conducted, without obtaining the permit provided in this chapter, or who conducts or allows a mass gathering with a permit but in violation of the terms and provisions of this chapter or of the permit granted, or who shall counsel, aid, or abet such violation or failure to comply, shall be punished, upon conviction, by a fine of $10,000/day, or $2,500 per violation, or such other sum as the adjudicating authority may determine. Each individual attendee in excess of the permitted attendance number is a separate violation. A failure from day to day to comply with this chapter shall be a separate offense for each such day. Payment of a fine shall be in addition to, and not in lieu of, Crook County’s right to recover damages as set forth herein.

(2) Any violation of the law, state rules and regulations, or of the terms and conditions of this chapter, or the permit granted hereunder, may be cause for immediate revocation of the permit by the county court or by the sheriff of Crook County, or any other remedy at law or equity. Upon revocation of any permit, the permittees of the mass gathering shall immediately terminate the gathering and provide for the orderly dispersal of those in attendance.

(3) The sheriff or designee shall have authority to order the crowd to disperse and leave the event if in his/her judgment:

(a) The permittee cannot maintain order and compliance with all applicable state or local laws or refuses or is unable for any reason to adhere to the terms and conditions of the permit, and

(b) The sheriff has determined there is an immediate danger to public health, safety, or welfare.

(4) In addition to levying penalties, the county may employ other enforcement as necessary or prudent as permitted by law or equity, including, but not limited to, the right to seek an injunction to prohibit the gathering. Actions will be reviewable by the circuit court. The county can recover all attorney fees and any and all enforcement costs, at trial or on appeal. (Ord. 301 § 2, 2017)

5.04.100 Conformance with other law.

This chapter shall in no way be a substitute for, nor eliminate the necessity of, conforming to any and all state laws, rules and regulations, and other county ordinances which are now, or may be in the future, in effect which pertain to the conduct of public assemblies. (Ord. 301 § 2, 2017)

5.04.110 Review of court’s actions.

Decisions of the county court to deny the issuance of a permit under this chapter shall be reviewable by the circuit court of the state of Oregon for the county of Crook, solely and exclusively by writ of review under the provisions of ORS 34.010 through 34.100. (Ord. 301 § 2, 2017)

5.04.120 Exceptions.

Where a mass gathering has been programmed and property leased, rented, or otherwise committed for a mass gathering, the commencement of which would occur within 40 days from the enactment of this chapter, the sponsors, property owner and person in charge of property may apply for an emergency permit. The application must be made within 10 days from the date of the enactment of this chapter.

The county court may waive those conditions of approval which are impractical or would result in severe hardship to the applicants; provided, however, that the provisions of CCC 5.04.070 cannot be waived. Notwithstanding the above, Crook County retains the right, upon a showing of good cause, to reduce the amount of the bond or letter of credit otherwise required by CCC 5.04.070(16). (Ord. 301 § 2, 2017)

Article II. Social Gatherings

5.04.200 Administration.

(1) Application. CCC 5.04.200 et seq. is intended to regulate event gatherings of more than 100 persons but fewer than 3,000 persons which occur continuously over at least a 12-hour period. All events subject to the terms of this chapter must comply with all other requirements imposed by state and local law.

(2) Exceptions to Social Gatherings Permit Requirements. The requirements of CCC 5.04.200 et seq. do not apply to:

(a) Gatherings of 100 Individuals or Less. “Outdoor gatherings” of 100 individuals or less are not regulated by the Crook County Code. Outdoor gatherings of 100 individuals or less are not exempt from other local, state or federal law requirements and the landowner and/or organizer of said event is responsible for the cost of any public services that are used in the event of an emergency (i.e., fire, sheriff, etc.);

(b) Any regularly organized and supervised school district gathering that takes place on school property;

(d) Any gathering of a municipal corporation or government agency. (Ord. 290 § 2 (Exh. A), 2016; Ord. 235 § 2, 2011)

5.04.210 Definitions.

As used in CCC 5.04.200 et seq.:

(1) “Health department” means the Crook County health department.

(2) “Organizer” includes any person who holds, stages or sponsors a social gathering and the owner, lessee, or possessor of the real property upon which the social gathering is to take place.

(3) “Sheriff” means the Crook County sheriff or his or her designee.

(4) “Social gathering” has the following meanings:

(a) An event, activity or assembly:

(i) That continues or can reasonably be expected to continue for more than 12 consecutive hours, but less than 120 consecutive hours within any six-month period; and

(ii) Continuously has more than 100 persons but fewer than 3,000 persons on the gathering site for which a permit has been granted. Gatherings with more than 3,000 persons are considered mass gatherings and are subject to CCC 5.04.010 through 5.04.120.

(5) “Planning director” means the Crook County community development director or his or her designee.

(6) “Person in charge of the property” means an agent, occupant, lessee, contract purchaser, or person other than the owner, having possession or control of property. (Ord. 290 § 2 (Exh. A), 2016)

5.04.220 Basic clause.

It shall be unlawful for any organizer, sponsor, owner of property, or person in charge of property to initiate, promote, permit, conduct, or cause to be advertised a social gathering, unless a permit has been obtained pursuant to this chapter. Issuance of a permit under CCC 5.04.200 et seq. is not a land use decision. (Ord. 290 § 2 (Exh. A), 2016)

5.04.230 Permit requirements.

No social gathering may be held in the unincorporated areas of Crook County, unless the event’s organizer, the owner of property, and the person in charge of property upon which the gathering will be conducted jointly apply for and are granted a permit as herein provided.

(1) No permit shall be available for a period of more than 120 hours’ duration unless the application specifically asked for and the permit specifically grants an allowance for an extension of that period.

(2) The applicant(s) must be at least 18 years of age.

(3) No permit may be transferred or assigned.

(4) In case of dispute over the number of people reasonably anticipated to attend a social gathering the determination of the county court shall control.

5.04.240 Application.

(1) Written application for each social gathering shall be made to the county court for Crook County 60 days or more prior to the first day upon which the mass gathering is to commence. The application must be accompanied by each of the following:

(a) The application fee described in subsection (4) of this section.

(b) The refundable cash deposit described in subsection (6)(e) of this section.

(2) Application shall be made on forms specified by Crook County and shall contain at least the following information:

(a) The full legal names and addresses, and phone numbers of all event sponsors;

(b) The full legal name and address of the owner and person in charge of the property to be utilized for the mass gathering;

(d) The location, address and the description of the property to be utilized for the mass gathering, including the assessor’s map and tax lot number;

(e) Beginning and end dates of the proposed gathering, including the dates of set-up and clean-up;

(f) Hours of operation of the gathering;

(g) The estimated attendance of the proposed gathering;

(h) Description of planned activities at the gathering, including the program for the mass gathering, or if no program is prepared, a narrative statement as to the purpose for which the gathering is to be conducted;

(i) A narrative describing the nature of the event, the sponsor, the hours it will be open to the public, a traffic control plan describing how traffic is to be handled, the provisions to be made for on-site waste and solid waste disposal, including recycling of materials, potable water, refuse removal, safety measures and any other information that may be requested by the planning director;

(j) A detailed site plan map showing existing structures on the property, proposed temporary structures, activity areas, stages, driveway access, parking and circulation areas;

(l) Evidence that all permits and licenses as required by state statutes and rules and regulations enacted thereunder have been obtained;

(m) Applicants’ statement that they shall abide by the terms and provisions of this chapter, and all laws, rules and regulations of the state of Oregon and Crook County;

(n) The applicant must provide evidence of casualty insurance to cover claims relating to the event including but not limited to set-up, the gathering and gathering clean-up, in an amount not less than the limits of the Oregon Tort Claims Act (Chapter 30.272 ORS) which insurance must name Crook County as an additional insured.

(3) The event permit shall be kept posted in a conspicuous place upon the premises of the gathering.

(4) Each permit application shall be accompanied with a fee to cover the cost of inspection, investigation, issuance, and processing of the permit. The amount of the fees will be set by the county court in accordance with the terms of Chapter 203.115 ORS.

(a) Until the fees are established by court order, said fees shall be provided by this section. Upon establishment of fees by court order, the fees established by this section will no longer be effective. The application fee shall be:

101 – 250	$200.00
250 – 500	$500.00
500 – 1,000	$1,000
1,000 – 3,000	$1,500

(b) Incomplete applications shall be denied and the application fee, less county costs, shall be returned to the permit applicant.

(5) Notice Requirements – Public Hearing.

(a) The planning director shall send notice of the application to the sheriff and other interested law enforcement agencies, the county roadmaster, the county health department, the county building official, the county administrative office and the chief of the fire district in which the gathering is to be held. The planning director may request such cooperation and assistance from other state and local agencies as may be deemed necessary.

(b) Each county official receiving notice of the application under subsection (5)(a) of this section shall submit comments or responses in writing to the planning director within 14 days after the date the notice was mailed. The comments may include recommendations whether to approve or deny the permit and conditions that should be imposed.

(i) Sheriff’s Department. Upon receipt of an application for a social gathering permit, the sheriff shall consider, before approving or denying the permit, the requirements of OAR 333-039-0050, Security Personnel, and 333-039-0055, Parking; whether a permit is needed and, if so, has been obtained by OLCC; and whether a noise variance is needed and, if so, has been obtained. The sheriff may consider the public health, safety, and welfare, in this determination, and the rationale for the determination shall be stated in the sheriff’s approval or denial of the application.

(ii) Crook County Public Health Official. The county health official shall recommend whether to approve or deny the permit considering the requirements of OAR 333-039-0015, Water Supply, OAR 333-039-0020, Drainage, OAR 333- 039-0025, Sewerage Facilities, OAR 333-039-0030, Refuse Storage and Disposal, OAR 333-039-0035, Food and Sanitary Food Service, and in addition to the fire chief, OAR 333-039-0040, Emergency Medical Facilities, and also considering the public health, safety, and welfare, and the rationale for the county health official’s recommendations.

(iii) Local Fire District. The fire chief shall consider, before approving or denying the permit, the requirements of OAR 333-039-0040, Emergency Medical Facilities, and 333-039-0045, Fire Protection. The fire chief may consider the public health, safety, and welfare in this determination, and the rationale for the determination shall be stated in the fire chief’s approval or denial of the application.

(iv) Crook County Road Department. Crook County will require the applicant to submit a traffic control plan (“TCP”) to the county for approval. This plan will show how traffic will enter the county road system and exit the county road system without substantial interruption to surrounding properties. This may require flaggers and advance temporary signing. The cost of such a plan and the execution of the plan will be the responsibility of the applicant. Modifications to the plan during the event may be necessary to ensure that the traffic needs of the county road system are protected.

(d) The Crook County court shall hold a public hearing on the issue of the application’s compliance with all of the requirements of this chapter. Notice of the time and place of such hearing, including a general explanation of the matter to be considered, shall be published at least seven calendar days before the hearing in a newspaper of general circulation in the county. Notice shall also be sent to property owners within 750 feet of the property upon which the social gathering will be held.

(6) Permit Conditions. The Crook County court may, as conditions for the permit, require:

(a) County officers to inspect the social gathering for compliance with the law as often as is necessary at the sole discretion of the county;

(b) Inspection by the fire chief or designee for compliance with fire safety regulations as often as is necessary at the sole discretion of the fire district;

(c) Inspection of the social gathering site by the county sheriff or other law enforcement for compliance with the conditions of the clearance concerning crowd control, traffic management and compliance with applicable laws;

(d) If the inspections described above reveal deficiencies in compliance with local, state, or federal law, the inspectors may return as often as needed until the deficiencies are cured. If the deficiencies are not cured or cannot be cured, the county sheriff may terminate the social gathering as provided in subsection (5) of this section;

(e) A cash deposit of up to $5,000 to cover county costs associated with the gathering (e.g., county personnel costs associated with crowd control, traffic control, and site clean-up).

(7) Authority of the Sheriff to Regulate Social Gatherings.

(a) The county sheriff has the authority to order the crowd to disperse and leave the social gathering site if the permit holder cannot maintain order and compliance with all applicable state and local laws, or refuses to maintain order and compliance with state and local laws or refuses or is unable to adhere to the terms and conditions of the permit.

(b) If at any time during the social gathering the number of individuals or vehicles attending the gathering exceeds the number of individuals or vehicles estimated in the permit application and creates, in the judgment of the sheriff, an unreasonable threat to the health, safety and welfare of the public, the county sheriff has the authority to require the permit holder to limit further admissions until a sufficient number of individuals or vehicles have left the site to eliminate the health, safety or welfare threat to the public. (Ord. 290 § 2 (Exh. A), 2016)

5.04.250 Operation of social gatherings.

(1) Sale of Intoxicating Liquor Prohibited. No organizer shall permit any person to sell intoxicating liquor at a social gathering nor permit intoxicating liquor to be sold on the premises without first obtaining appropriate licenses from the Oregon Liquor Control Commission, copies of which shall be submitted to the planning director.

(2) Illegal Drugs Prohibited. No organizer of a social gathering shall permit any person to bring controlled substances into a social gathering, nor permit controlled substances to be used on the premises. (Ord. 290 § 2 (Exh. A), 2016; Ord. 235 § 2, 2011. Formerly 5.04.230)

5.04.260 Enforcement and penalties.

Any person who initiates, organizes, promotes, permits, conducts, or causes to be advertised a social gathering or the owner of property, or person in charge of property upon which a social gathering is conducted, without obtaining the permit provided in this chapter, or who conducts or allows a social gathering with a permit but in violation of the terms and provisions of this chapter and of the permit granted, or who shall counsel, aid, or abet such violation or failure to comply, shall be punished, upon conviction, by a fine of up to $2,500 per day. A failure from day to day to comply with this chapter shall be a separate offense for each such day.

In addition to levying penalties, the county reserves the right to employ other enforcement as necessary including, but not limited to, the right to seek an injunction to prohibit the gathering. Actions will be reviewable by the circuit court. The county can recover all attorney fees and any and all enforcement costs. (Ord. 290 § 2 (Exh. A), 2016; Ord. 235 § 2, 2011. Formerly 5.04.240)