Chapter 5.08
PUBLIC GATHERINGS
Sections:
5.08.050 Food service facilities.
5.08.070 Police protection and traffic control.
5.08.080 Parking facilities--Scale drawing.
5.08.090 Access for law enforcement, fire, and health personnel.
5.08.100 Inspection of buildings and structures.
5.08.110 Inspection of facilities.
5.08.130 Bond required--Time limit of permit.
5.08.140 Waiver of permit fee for charitable organization.
5.08.150 Notice of application to cities--Cities to be protected by conditions.
5.08.170 Permit--Posting--Transferability.
5.08.010 Purpose.
The board of supervisors finds and declares that it is necessary for the protection of the health and welfare of the general public and the inhabitants of the county that rules and regulations be established for the purpose of regulating music festivals, games, shows, exhibitions, activities, amusements, entertainments, and gatherings within the county, collectively referred in this chapter as "gatherings," and that to insure the public health and safety, proper sanitary, police, health and safety measures be provided to regulate said gatherings. (Ord. 635 §2(part), 1978).
5.08.020 Permit--Required.
It is unlawful for any person, corporation, organization, land owner, tenant or lessee, collectively referred to in this chapter as "person," to hold, allow, permit, encourage, organize, promote, conduct, or advertise any gathering which the person believes or has reason to believe will attract one thousand or more persons unless a valid use permit issued pursuant to Chapter 19.56 is first obtained therefor. (Ord. 635 §2(part), 1978).
5.08.030 Permit--Application.
Application for the permit shall be submitted thirty days or more prior to the date of the gathering. The application for a permit shall be made in writing and shall be accompanied by a deposit of the fee required under this chapter. It shall be signed by the person to whom such permit shall be issued or his manager or agent. The full name and address of the applicant shall be given and, if the applicant is a partnership, the names of all the partners and their respective addresses shall be set forth in full, together with the location of the principal officer or place of business of such partnership. If the application is by a corporation, the names and addresses of the president, vice president, and secretary shall be given together with the address and location of the principal office or place of business of such corporation. The application shall state the location of the premises to be occupied for which the permit is sought and shall state that applicant will abide by all the rules and regulations and ordinances of the county applicable to the event being staged at said location, and all laws in effect for the protection, health, morals and safety of the persons in attendance at the event, the persons employed at such event, the participants thereof and the general public. Application for permit shall be filed with the planning department. (Ord. 635 §2(part), 1978).
5.08.040 Required facilities.
Every gathering shall have, and every permit issued therefor shall require, the following minimum facilities:
A. Adequate drinking water supplies and facilities;
B. Adequate toilets, urinals, and handwashing facilities in the number and constructed as required by the county health department, conveniently located for the use of persons at the permit location. Separate toilet facilities shall be provided for each sex and shall be so marked;
C. Facilities for overnight camping or lodging, including but not limited to facilities for sanitation and garbage disposal, food preparation, and shelter as may be appropriate for all the persons reasonably expected to use the facilities shall be provided by the permittee and approved by the planning commission;
D. Fire protection as set forth in this chapter;
E. Police protection and traffic control as set forth in this chapter;
F. Parking facilities and methods of ingress and egress as set forth in this chapter. (Ord. 635 §2(part), 1978).
5.08.050 Food service facilities.
If any public food or beverages are to be provided on the premises, the applicant shall submit with his application for a permit the type of facilities to be provided for such service. As a minimum standard, such facilities shall meet the specifications required by the public health departments of the county and the state for the type of facility proposed to be used. (Ord. 635 §2(part), 1978).
5.08.060 Fire protection.
No permit shall be granted under this chapter unless the applicant provides fire protection as may be required by the Division of Forestry of the state, or the National Forest Service of the U.S. Department of Agriculture for the location set forth in the permit.
No permit shall be granted under this chapter unless the applicant furnishes, within ten days after filing his application, approval in writing of the furnishing of such fire protection services and equipment as may be required by either the Division of Forestry or National Forest Service to protect the persons attending the gathering for which the permit is granted. Nothing in this section shall prevent the planning commission from requiring additional fire protection measures. (Ord. 635 §2(part), 1978).
5.08.070 Police protection and traffic control.
A. No permit shall be granted under this chapter unless the applicant files with the sheriff of the county an affidavit stating the maximum number of persons expected to attend the gathering and deposits with the county auditor cash in an amount to be determined by the planning commission for the purpose of providing protection and traffic control at the gathering.
B. The sum deposited shall be used by the county for the purpose of paying such additional peace officers or deputies of the sheriff of the county as may be required to provide adequate police protection and traffic control, as determined by the sheriff; provided, however, that in no event shall less than one traffic-control officer or peach officer be provided for each three hundred persons anticipated or reasonably expected to be in attendance during the time of the gathering; that in addition to the traffic-control officer, there shall be provided not less than one officer or deputy for crowd control for each one hundred persons anticipated or reasonably expected to be in attendance thereat.
C. The officers and deputies shall be employed on behalf of the county and paid by and from the deposit required in this chapter for such purpose. In the event the deposit shall prove to be insufficient for such additional personnel required in this section, the applicant shall pay to the county such additional sums as may be necessary to reimburse the county for providing the additional personnel required in this section; if the amount expended by the county for the personnel required in this section should be less than the amount of the deposit provided for in this section, then such unexpended portion of the deposit shall be returned to the applicant. (Ord. 635 §2(part), 1978).
5.08.080 Parking facilities--Scale drawing.
Application for permit under this chapter shall be accompanied by a scale drawing showing parking facilities at or adjacent to the gathering's location in relation to the area for which the permit is requested and the distance therefrom. The parking area shall be sufficient in size to provide parking at the rate of one vehicle for each four persons anticipated to be in attendance at the premises. The drawing of the parking facilities shall show the methods of ingress and egress from the parking area. The methods of ingress and egress shall be sufficient to provide reasonably easy access and prompt disbursal of traffic. The drawing shall be accompanied by written authorization from the owner permitting parking on the area shown for parking facilities. (Ord. 635 §2(part), 1978).
5.08.090 Access for law enforcement, fire, and health personnel.
The application for permit shall include a provision authorizing law enforcement and other public officers, including fire control and health officers, to enter upon the premises for which the permit is sought for the purpose of inspection and enforcement of the terms and conditions of the permit and the granting of such permit shall be conditioned upon the permitting of said access for such purposes by said persons. (Ord. 635 §2(part), 1978).
5.08.100 Inspection of buildings and structures.
The applicant shall set forth in each application for permit the buildings, structures, improvement, or facilities to be used in connection with the gathering. No existing building, structure, or improvement on the premises shall be used until the same has been inspected and approved by the building department of the county. In the event the applicant desires to construct a building, structure, or improvement on the premises, the design thereof shall be submitted to the building department simultaneously with the application for the permit. The building department shall review the plans and design and approve or disapprove them based on standards then in effect. Any such proposed structure shall be constructed and placed in position five days or more before the fifth day prior to the date the event for which the permit is sought is scheduled. If, on inspection, the facilities fail to meet the standards set forth in the plans and specifications submitted therefor or which have been conditionally approved, such conditional approval shall be withdrawn and cancelled and all permits granted subject to such approval shall be cancelled and withdrawn; if a permit has not been issued, it shall not be granted. (Ord. 635 §2(part), 1978).
5.08.110 Inspection of facilities.
When approval of a physical facility is required, conditional approval of the use permit may be granted upon the basis of specific plans and specifications approved by the planning commission subject to inspection and approval of the facility by the relevant county department after the facility has been constructed. All facilities required under the terms of any permit shall be in existence and in place at the location for which the permit is granted five days or more before the date when said event is scheduled to take place and shall be subject to inspection and approval of the agencies, departments, or offices whose approval is required. If the facilities fail to meet the standards set forth in the plans and specifications therefor which have been conditionally approved, such conditional approval shall be deemed withdrawn and any and all permits granted subject to such approval shall be deemed cancelled and withdrawn. (Ord. 635 §2(part), 1978).
5.08.120 Permit--Fee.
Any application for permit under this chapter shall be accompanied by a permit fee in the sum of two hundred dollars or the actual cost to the county in processing the application, whichever is higher. (Ord. 635 §2(part), 1978).
5.08.130 Bond required--Time limit of permit.
No permit shall be issued under this chapter until the applicant has deposited with the clerk of the county a surety bond issued by a duly licensed surety company doing business in the state or cash deposit conditioned to indemnify the county and all other persons and property from damage caused directly or indirectly by any person or activity connected with the gathering. The principal amount of bond required shall be the sum of one hundred thousand dollars. (Ord. 635 §2(part), 1978).
5.08.140 Waiver of permit fee for charitable organization.
Notwithstanding any of the provisions of this chapter, if any gathering is to be conducted by a bona fide charitable organization for the purpose of raising funds for charitable uses and from which no part of the gross receipts therefrom shall inure to the benefit of any individual, corporation, partnership, or association, excepting so far as the gross receipts may be expended for the purpose of necessary materials and supplies for such enterprise, the planning commission may waive the permit fee for which provision is made in this chapter and, in lieu thereof, may impose such requirements, if any, as it deems necessary and proper to ensure the proper inspection and policing of the premises. (Ord. 635 §2(part), 1978).
5.08.150 Notice of application to cities--Cities to be protected by conditions.
The planning director shall give prior notice to every city in the county of any hearing to be held on any application for a use permit requested pursuant to this chapter. Any use permit granted pursuant to this chapter for a gathering which may cause directly or indirectly a gathering or assembly of five hundred or more people in conjunction therewith in any city in the county shall include conditions ensuring the protection and welfare of the people and property in the city. (Ord. 635 §2(part), 1978).
5.08.160 Permit--Revocation.
Every permit issued under this chapter shall be subject to revocation without notice or hearing. The inclusion of such provision is a consideration for the issuance of such permit. Revocation without notice or hearing shall be done by the board of supervisors and only upon a finding by the board that the provisions of this chapter, or the requirements set forth in the conditions under which the permit is granted, or any law has been violated by a permittee. The action of the board in revoking such permit shall be final. (Ord. 635 §2(part), 1978).
5.08.170 Permit--Posting--Transferability.
Any permit issued under this chapter shall be posted in a conspicuous place on the premises for which it is issued and shall not be transferable or assignable without the consent of the planning commission, and no rebate or refund of the money or any portion thereof paid for such permit shall be made. (Ord. 635 §2(part), 1978).
5.08.180 Nuisance designated.
Any use, occupation, building, or structure maintained contrary to the provisions of this chapter shall constitute a public nuisance. (Ord. 635 §2(part), 1978).
5.08.190 Violation--Penalty.
Any person, firm, or corporation who wilfully violates any of the provisions of this chapter is guilty of misdemeanor and punishable by fine of five hundred dollars or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment; provided, however, that this penalty shall not limit any remedy at law or equity which the county may have against any person who violates any provision of this chapter or other applicable law or duty. (Ord. 635 §2(part), 1978).