Chapter 5.15
MUSIC FESTIVALS
Sections:
5.15.010 Preamble.
5.15.020 Definition.
5.15.030 Basic provision.
5.15.040 Qualification of applicant.
5.15.050 Application for permit.
5.15.060 Plan.
5.15.070 Requirements.
5.15.080 Permit fee.
5.15.090 Provisional permit.
5.15.100 Final approval.
5.15.110 Music festival permit.
5.15.120 General restrictions.
5.15.130 Revocation and cancellation.
5.15.140 Departure of patrons.
5.15.150 Posting.
5.15.160 Access to festival grounds.
5.15.170 Permit limitation.
5.15.180 Violation - Penalties.
5.15.190 Variances.
5.15.010 Preamble.
The board of county commissioners of Lewis County hereby declare that it is necessary for the protection of the health, welfare and safety of the people of Lewis County to enact under the police power of the county the following chapter providing for the licensing of music festivals as defined by this chapter and establishing the minimum health, sanitary, safety and police standards which are necessary to protect the general public and those persons attending such functions. [Ord. 1157, 1998; Ord. 1023 § 1, 1970]
5.15.020 Definition.
A “music festival” is any outdoor gathering of 500 or more people at which the principal activity is the presentation of music, whether live or recorded, which shall continue for more than four hours in any one day, and which shall not be sponsored by a governmental body, or quasi-governmental body PROVIDED, That, pursuant to RCW 70.108.020, this definition shall not be applied to any regularly established permanent place of worship, stadium, athletic field, arena, auditorium, coliseum, or other similar permanently established places of assembly for assemblies which do not exceed by more than two hundred fifty people the maximum seating capacity of the structure where the assembly is held: PROVIDED, FURTHER, That this definition shall not apply to government sponsored fairs held on regularly established fairgrounds nor to assemblies required to be licensed under other laws or regulations of the state. [Ord. 1157, 1998; Ord. 1023 § 2, 1970]
5.15.030 Basic provision.
It shall be unlawful for any person, acting on behalf of himself or any other person, partnership, joint venture, corporation or other association to:
(1) Advertise or publicly promote a music festival at which 500 or more persons can be reasonably expected to attend without having first obtained a provisional music festival permit;
(2) Conduct a music festival or to allow a music festival to be conducted upon property within his control unless a music festival permit has been obtained.
In addition, it shall be unlawful for any person to knowingly attend a music festival that is being conducted without a permit. [Ord. 1157, 1998; Ord. 1023 § 3, 1970]
5.15.040 Qualification of applicant.
Any person over the age of 18 years, who has not been convicted of a felony crime within the last ten years involving moral turpitude, or the delivery, manufacture, use or possession of narcotics or dangerous drugs, may make application for a music festival permit. [Ord. 1157, 1998; Ord. 1023 § 4, 1970]
5.15.050 Application for permit.
(1) An application for a permit to conduct a music festival shall be submitted to the clerk of the board of county commissioners upon forms to be provided by the board of county commissioners at least 90 days prior to the day scheduled to hold the festival, pursuant to RCW 70.108.040.
(2) In addition to any other information which may be requested by the board, or required under RCW 70.108.040, an application shall provide the following information, verified under oath:
(a) The name and address of the applicant, or in the event that the applicant is a partnership, joint venture, corporation, or other association, the names and addresses of all persons having an interest in the entity, together with a description of that interest;
(b) A description of the property upon which the festival is to be held, together with a verified statement from the property owner that he has consented to the holding of the festival;
(c) The date upon which the festival is to be held, the hours during which music is to be presented, and the number of patrons expected to attend; and
(d) A statement by the applicant that he will make every effort to comply with the laws of the state of Washington, ordinances of Lewis County, and those of any other governmental body having jurisdiction, and that he will also make a conscientious effort to ensure that the patrons of the festival shall also comply with these laws. [Ord. 1157, 1998; Ord. 1023 § 5, 1970]
5.15.060 Plan.
(1) At the time that an application shall be made for a permit to hold a music festival, the applicant shall present to the board six copies of a plan containing a diagram of the festival grounds showing all physical facilities as they shall exist at the time of the festival, and a narrative statement clearly setting forth the means by which the applicant shall comply with all health, sanitary, safety and police requirements for music festivals.
(2) Upon receipt of the copies of the plan, the board shall immediately send a copy to the Department of Natural Resources, where applicable, and the chief of the Washington state patrol, through the director of fire protection or his designee, the fire district in which the festival is to be held, the Lewis County board of health the Lewis County sheriff, and any city or town which shall be in the vicinity of the festival site. [Ord. 1157, 1998; Ord. 1023 § 6, 1970]
5.15.070 Requirements.
A permit to conduct a music festival shall not be issued unless the applicant shall comply with the following requirements or has conclusively demonstrated his ability to comply therewith:
(1) Location. The outside perimeter of the festival grounds shall not be less than one thousand yards from any schoolhouse or church or 500 yards from any place of abode, commercial building, or farm building, unless the approval of the occupant has been obtained, pursuant to RCW 70.108.100.
(2) Sanitary Facilities. The applicant shall provide such toilet, water and garbage facilities, of the nature and type prescribed by law, as is necessary to promote the health, safety, and comfort of the patrons, but in no instance shall there be less than the following:
(a) Two toilets for every 100 persons in attendance;
(b) Five water outlets for drinking and washing for every 200 persons in attendance;
(c) Five garbage cans securely fixed in place for every 200 persons in attendance which shall be emptied at the conclusion of the festival in an authorized dump.
(3) Food Service. Any food which is dispensed upon the festival grounds shall be done in compliance with Lewis County board of health ordinances and shall in all respects be subject to the regulations of that agency and the state Department of Health.
(4) Fire Protection. The applicant shall provide such fire protection equipment of the nature and type prescribed by law that is necessary for the protection of the festival patrons and surrounding properties, but in no instance shall there be less than one fire truck with a minimum capacity of 1,000 gallons in standby readiness at all times upon the festival grounds, which shall be manned by firemen who are
(5) Ambulance Service. The applicant shall have a bona fide ambulance upon the festival grounds at all times, except when making emergency runs, which shall be manned by a person holding a current first aid certificate from the Red Cross or the state of Washington Department of Labor and Industries. qualified pursuant to the state law.
(6) Traffic and Crowd Control. The applicant shall provide the necessary personnel, equipment, and facilities to insure proper traffic control and crowd control. In doing so, the applicant shall seek the counsel and advice of the Lewis County sheriff, and obtain his approval of the proposed plan. In no instance, however, shall the applicant provide less than one qualified person for traffic and crowd control for every 200 persons expected to be in attendance, who shall remain on duty at all times that patrons occupy the festival grounds or are arriving or departing. These control personnel shall meet one of the following requirements:
(a) Be presently serving as a deputy sheriff or city policeman;
(b) Be presently serving as a reserve deputy sheriff or auxiliary policeman, with one year of experience;
(c) Have had at least two years’ experience as a regular deputy sheriff or city police man within the last 10 years;
(d) Have had two years’ experience as a reserve deputy sheriff or auxiliary city policeman within the past five years.
(7) Parking. The applicant shall provide an area adjacent to the festival grounds which shall be the only area where patrons’ cars shall be parked, and which shall be large enough to accommodate one car for every three persons expected to attend. The parking area shall have a means of ingress and egress to the public highway which shall facilitate the prompt and orderly movement of traffic.
(8) Lighting. In the event that the presentation of music shall continue after sundown, the applicant shall provide for the illumination of the festival grounds and parking area to a minimum light intensity of 0.1 foot candles.
(9) Cash Bond. The applicant shall deposit with the treasurer of Lewis County a cash bond in the amount as set forth below to save and protect the streets, pavements, bridges, road signs and other properties from all damage that might occur as a result of holding the festival, which monies shall be used to compensate the county for any damage which it sustains. In addition, these monies shall be used to restore the festival grounds to a sanitary condition, if necessary, and to reimburse the county for any unusual law enforcement expenses which might incur:
500 to 10,000 persons | $5,000 cash bond |
10,000 to 20,000 persons | $7,500 cash bond |
20,000 to 30,000 persons | $10,000 cash bond |
$2,500 for each additional | 10,000 persons expected |
(10) Insurance. The applicant shall secure liability insurance providing for a minimum of $100,000 bodily injury coverage per person; $300,000 bodily injury coverage per occurrence, and $100,000 property damage, which policy shall name Lewis County as an additional insured. [Ord. 1157, 1998; Ord. 1023 § 7, 1970]
5.15.080 Permit fee.
The application to conduct a music festival shall be accompanied by a permit fee as set forth in RCW 70.108.040, which shall be in the form of a certified or cashier’s check. In the event that the permit is not issued, or in the event that the permit is canceled or revoked for reasons beyond the control of the applicant, then the permit fee shall be returned to the applicant. [Ord. 1157, 1998; Ord. 1023 § 8, 1970]
5.15.090 Provisional permit.
(1) After the submission of an application, together with the proposed plan and permit fee, the applicant shall appear before the board of county commissioners at its regular weekly meeting held in the second week following the submission of the application.
(2) At this meeting, the board shall advise the applicant as to whether or not his plan is acceptable, and if not, what corrections need to be made. In the event that the plan is approved by the board, a provisional music festival permit shall be issued to the applicant. In the event, however, that the plan is not acceptable, the applicant shall be given the further opportunity to appear before the board to present modifications to the original plan that would correct its deficiencies. If requested by the applicant, the board shall specify in writing the deficiencies of the applicant’s plan. [Ord. 1157, 1998; Ord. 1023 § 9, 1970]
5.15.100 Final approval.
(1) Not less than three days before the date of the festival, all physical facilities as provided for in the approved plan shall be fully constructed and installed, and the festival grounds shall at that time be inspected by the board, or by the county engineer who may act upon its behalf in making the inspection, to determine if the facilities are in conformity with the plan.
(2) At the same time or sooner, the applicant shall provide satisfactory evidence to the board that he has provided for the stationing of a properly manned fire truck and an ambulance upon the festival grounds, and that he has obtained the services of qualified traffic and crowd control personnel. Signed contracts of employment shall be deemed to constitute satisfactory evidence. If the physical facilities are in conformity with the plan, and if satisfactory evidence is presented as to providing for a fire truck and ambulance, and personnel to control the traffic and crowds, then the applicant shall be entitled to receive from the board a music festival permit, upon his tendering the cash bond and the insurance policy as provided in this chapter. In the event, however, that the board finds that the applicant has not complied with the requirement for holding the music festival, it shall immediately advise the applicant in the most expeditious manner of the deficiency. If requested by the applicant, the board shall specify the deficiency in writing. A music festival permit shall not be issued until all deficiencies are corrected. [Ord. 1157, 1998; Ord. 1023 § 10, 1970]
5.15.110 Music festival permit.
A music festival permit shall authorize the holder to conduct a music festival upon the date specified in the permit and upon the property described in the holder’s application. [Ord. 1157, 1998; Ord. 1023 § 11, 1970]
5.15.120 General restrictions.
The conduct of the music festival shall be subject to the following general restrictions:
(1) Hours. Music may be only presented between the hours of 8:00 a.m. and sundown, unless there has been compliance with the lighting requirements, in which instance music may be presented until 10:30 p.m.
(2) Admittance. The number of patrons attending the festival shall be limited to the number prescribed in the approved plan. The patrons of the festival shall not be permitted upon the grounds until 6:00 a.m. and shall be directed to vacate the premises upon the conclusion of the musical presentation.
(3) Intoxicants. The possession and consumption of alcoholic beverages upon the festival grounds shall be prohibited. [Ord. 1157, 1998; Ord. 1023 § 12, 1970]
5.15.130 Revocation and cancellation.
A music festival permit shall be issued solely for the purpose of preserving the public peace, health, safety, morals, and welfare of the people of Lewis County, and therefore as a condition of its issuance, shall be subject to being summarily revoked by the order of the board of county commissioners issued at a private meeting without notice, if cause shall exist for its revocation. It shall be presumed that such cause does exist if:
(1) It appears that 20 percent more people than provided for in the approved plan shall be seeking admission to the festival;
(2) It appears that general disorder, or violence or destruction of property may occur;
(3) There is an open and notorious use of intoxicants, or illegal drugs and narcotics which cannot be satisfactorily handled by police officers on an individual basis;
(4) There is conduct involving disorderly or unlawful acts or commission any nuisance which cannot be handled by police officers on an individual basis;
(5) There is a gross failure upon the part of the permit holder to comply with the requirements for holding music festivals. In the event of the revocation or cancellation of a permit the holder shall be entitled to a hearing before the board at the earliest opportunity that such a hearing may be held. [Ord. 1157, 1998; Ord. 1023 § 13, 1970]
5.15.140 Departure of patrons.
At the conclusion of the festival, or at such time as the music festival permit may be canceled or revoked, the permit holder shall immediately take all reasonable measures to require the departure of all patrons from the festival grounds. [Ord. 1157, 1998; Ord. 1023 § 14, 1970]
5.15.150 Posting.
During the festival, the music festival permit shall be posted in a safe but conspicuous place on the festival grounds. [Ord. 1157, 1998; Ord. 1023 § 15, 1970]
5.15.160 Access to festival grounds.
The holder of a music festival permit shall allow free access to the festival grounds to police officers, health officers, fire protection district officers, and any other public officer who is present in his official capacity for the purpose of law enforcement. [Ord. 1157, 1998; Ord. 1023 § 16, 1970]
5.15.170 Permit limitation.
A music festival permit shall not be issued to the same applicant, nor for a festival to be held in substantially the same area, for two consecutive days. [Ord. 1157, 1998; Ord. 1023 § 17, 1970]
5.15.180 Violation - Penalties.
Any person who shall willfully violate the provisions of this chapter, or any permit holder who shall willfully fail to comply with the requirements of this chapter, shall be subject to the penalties in LCC 1.20.020 and 1.20.040. [Ord. 1180 §4, 2002; Ord. 1157, 1998; Ord. 1023 § 18, 1970]
5.15.190 Variances.
To the extent, if any, that it may be conformable with the law, the board of county commissioners may grant a variance from any requirements of this chapter, if to do so would not in any way endanger the health, safety or welfare of those persons to be protected. [Ord. 1157, 1998; Ord. 1023 § 19, 1970]