Chapter 15.02
ASSEMBLY

Sections:

15.02.010    Declarations.

15.02.020    Definitions.

15.02.030    Unlawful assembly.

15.02.040    Exemptions.

15.02.050    Permit issuance requirements.

15.02.060    Preliminary approval by County agencies.

15.02.070    Final application to Board of Commissioners.

15.02.080    Attendance records.

15.02.090    Permit fee.

15.02.100    Suitable hours for assembly.

15.02.110    Penalty.

15.02.120    Public nuisance.

15.02.130    Severability.

SOURCE:    ADOPTED:

Ord. 32    06/02/70

AMENDED SOURCE:    ADOPTED:

Ord. 48    05/02/74

Ord. 207    10/25/83

Ord. 847    06/02/09

15.02.010 Declarations.

It appears necessary for the protection, health, and welfare of the general public in regards to entertainment, amusements and assemblies catering to the general public, that certain rules and regulations be established. There is a danger to the people attending or taking part in the gatherings if proper sanitary, police and other health and safety measures are not adequately provided, and danger to the public health, safety, and welfare.

15.02.020 Definitions.

(1) “General public” means citizens and members of the community except in groups made up entirely of related kin.

(2) “Entertainment” means entertaining or being entertained; specifically, amusement, hospitality given or received, the consideration of an idea, etc., keeping in mind something that entertains; interesting, diverting, or amusing thing, as a show or performance.

(3) “Amusement” means any act or event causing or inducing relaxation and gaiety.

(4) “Assembly” means the concourse or meeting together of a considerable number of persons at the same place.

15.02.030 Unlawful assembly.

It shall be unlawful for any person, persons, corporation, organization, landowner, or lessor to allow, encourage, organize, promote, conduct, permit or cause to be advertised an entertainment, amusement, or assembly of persons for any purpose which said person, persons, corporation, organization, landowner, or lessor believes or has reason to believe, will attract 200 or more persons for eight or more consecutive hours at a particular location within Clallam County and outside the limits of incorporated cities and towns, unless a valid and current permit has been obtained for the operating of said amusement, entertainment, or assembly.

(1) Said permits shall be required for all such entertainments, amusements, and assemblies to be held 30 or more days from the date of passage of the ordinance codified in this chapter.

(2) One permit shall be required for each entertainment, amusement, or assembly.

(3) Criminal or civil liability for failure to comply with the provisions of this chapter shall rest in all persons, corporations, organizations, landowners or lessors who are responsible for obtaining permits under this provision.

15.02.040 Exemptions.

The provisions of this chapter shall not apply to regularly scheduled entertainments, amusements and assemblies held at camps, parks, fairgrounds, Indian gathering places or resorts; provided, that the designed capacity provided for in such chapter is not exceeded.

15.02.050 Permit issuance requirements.

Permits shall not be denied provided the following conditions are satisfactorily met by the applicant:

(1) No permit for an entertainment, amusement or assembly shall be granted unless the application is accompanied by the written approval of the Clallam County Health Department of the following minimum facilities:

(a) Water Supply.

(i) Every location for which a permit must be obtained hereunder shall have an adequate supply of water which is of a sanitary quality meeting the standards as prescribed by the Washington State Health Department.

(ii) Drinking fountains or drinking facilities shall be provided to meet the standards of the Revised Code of Washington.

(b) Toilets and Washing Facilities.

(i) Every location for which a permit must be obtained hereunder shall be provided with toilets, urinals and handwashing facilities conveniently located.

(ii) Separate toilet facilities shall be provided for each sex and shall be so marked.

(iii) Toilets must be water-flushed or fly-tight sanitary privies approved by the health officer.

(iv) The minimum number of the above facilities to be provided shall be in accordance with the orders of the Clallam County Health Department.

(c) Food Preparation and Food Service Facilities. Should the applicant for a permit hereunder provide or have reason to believe that there will be provided any type of public food services for the event for which the permit is required, then the applicant shall submit with his application the approval of the Clallam County Health Department for the facilities so provided. Such facilities shall meet the specifications required by the Clallam County Health Department.

(2) No permit shall be granted hereunder unless the applicant has shown that the Clallam County Civil Defense Director and the fire chief in the fire district where the event is to be held have approved fire protection devices and equipment available at, in or near any building, tent, stadium or enclosure wherein or whereupon more than 10 persons may be expected to congregate at any time during the course of such entertainment, amusement, or assembly for which a permit is hereunder required. Fire prevention standards shall be as provided by State law.

(3) No permit shall be granted hereunder until the applicant shall have furnished to Clallam County evidence that he has in full force and effect a liability insurance policy in an amount of not less than $100,000 bodily injury coverage per person covering any bodily injury negligently caused by any officer or employee of the festival while acting in the performance of his or her duties. The policy shall name the issuing authority of the permit as an additional named insured. In addition, the applicant shall be required to furnish evidence that he has in full force and effect a $100,000 liability property damage insurance policy covering any property damage due to the negligent failure by any officer or employee of the festival to carry out duties imposed by this chapter or any other ordinance of the County of Clallam or any State statute. The policy shall have the issuing authority of the permit as an additional named insured. In addition, no permit shall be granted until the applicant shall deposit with the issuing authority a cash deposit or surety bond. The bond or deposit shall be used to pay any costs or charges incurred to regulate health or to clean up afterwards outside the festival grounds or any extraordinary costs or charges incurred to regulate traffic or parking. The bond or other deposit shall be returned to the promoter if the issuing authority is satisfied that no claims for damage or loss will be made against said bond or deposit, or that the loss or damage claimed is less than the amount of the deposit, in which case the uncommitted balance thereof shall be returned not later than 30 days after the last day of the festival.

(4) Traffic control/crowd control personnel shall be licensed merchant patrolmen or named persons submitting affidavits that they have not been convicted of a felony within the previous 10 years. There shall be provided one traffic control/crowd control person for each 200 persons expected or reasonably to be expected to be in attendance at any time during the event; provided, that a minimum of three such personnel shall be provided for any event coming within the provisions of this chapter. Sufficient personnel shall be provided so that the above requirements will be met throughout the event without working any personnel more than 12 hours without at least an eight-hour rest period before his next hours on duty. Only personnel deputized by the Sheriff of Clallam County shall be qualified to assume responsibilities outlined in this section.

(5) Application for a permit under this chapter shall be accompanied by scale drawing showing adequate parking facilities have been made available adjacent to the location for which the permit is requested. Such parking facility shall provide parking space for one vehicle per every four persons expected or reasonably to be expected to attend the amusement, entertainment, or assembly. 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, that should buses be used to transport persons to the entertainment, amusement or assembly, it shall be shown that public parking or parking as described above is available at any site from which buses are scheduled to transport persons to an event regulated by this chapter.

(6) No permit shall be granted hereunder unless the applicant shall in writing upon the application for such a permit consent to allow the law enforcement and public health and fire control officers of the County to come upon the premises for which the permit has been granted for the purpose of inspection and enforcement of the terms and conditions under which the permit is granted. No permit shall be granted hereunder until the applicants shall have complied with all applicable County ordinances, rules and regulations and with all applicable State statutes, State codes, rules, and regulation.

15.02.060 Preliminary approval by County agencies.

Whenever approval by a County government agency other than the Board of County Commissioners is required hereunder, application for such approval shall be made 10 or more days prior to making final application for the entertainment, amusement, or assembly permit. Approval or denial by said County agencies shall be made within 10 days of the date of application. When any type of physical facility is required or subject to approval hereunder, preliminary approval may be granted based upon specific plans proposed and submitted by the applicant. All such facilities shall be in existence three or more days before the event for which an application is submitted shall begin and shall be subject to inspection by the approving agencies or departments at their convenience. Said inspections shall be made and approval or disapproval granted on or before the seventh day preceding the event. Should the actual facility or construction fail to meet the standards approved in the proposed plan, such preliminary approval shall be withdrawn and any and all permits granted subject to such approval shall be withdrawn. No inspection fee or approval fee shall be charged other than the general permit fee required hereunder.

15.02.070 Final application to Board of Commissioners.

Written final application for amusement, entertainment or assembly permits shall be made to the Clallam County Board of Commissioners and said application must be submitted 30 or more days prior to the first day upon which such amusement, entertainment or assembly is to be or may be held.

(1) Approval or denial of permits as herein provided for shall be made within 10 days after application therefor.

(2) Permits shall not be denied provided the requirements of CCC 15.02.050 have been satisfied by the applicant.

(3) Denial of the permit by the Board of County Commissioners shall be in writing with reasons for the denial and shall be subject to appeal to the superior court by action filed within 10 days of the denial.

15.02.080 Attendance records.

(1) Application for a permit under the provisions of this chapter shall state the number of persons expected or reasonably to be expected and/or the number of tickets printed and sold.

(2) It shall be the duty of the applicant to record the number of persons admitted to and exited from any event coming within the provisions of this chapter in such a manner that the number of persons present can be reasonably known at any time.

(3) Failure to provide a reasonably accurate record of the number of persons present shall give public law enforcement personnel the right to reasonably estimate the number present.

(4) Should the number of persons present at any time exceed by 20 percent or more the number for which the permit was granted it shall be the right and the duty of the public law enforcement agencies to prohibit further access to the event until such time as the number in attendance allows for compliance with the permit.

15.02.090 Permit fee.

(1) A permit fee shall be filed with the application subject to the Consolidated Fee Schedule (Chapter 5.100 CCC).

(2) The Board of Clallam County Commissioners may waive all or any part of the fees when:

(a) The application is submitted by a nonprofit group or organization; and

(b) The entertainment, amusement, or assembly applied for is open to the general public without discrimination; and

(c) The Board determines that waiver would serve the general public interest.

(3) Waiver of any or all fees shall not release applicant from complying with the other provisions of this chapter.

15.02.100 Suitable hours for assembly.

No entertainment, amusement or assembly coming within the provisions of CCC 15.02.030 shall be conducted in the unincorporated areas of Clallam County between the hours of 2:00 a.m. and 7:00 a.m., except as hereinafter provided. Should it be planned, advertised, or should there be reason to believe that an assembly of persons coming within the provisions of this chapter shall create an unusual amount of noise or that it is anticipated that there will be an unusual amount of noise detrimental to the public health, safety and welfare, then the Commissioners of Clallam County can set additional limitations or extensions on the hours; provided, that any limitations shall not infringe on activities during daylight hours after the hour of 7:00 a.m.

15.02.110 Penalty.

Any person who shall violate or fail to comply with any provision of this chapter, or who shall, having obtained a permit hereunder, willfully fail to continue to comply with the terms and conditions hereunder, or who shall counsel (aid or abet) such violation or failure to comply shall be deemed guilty of a misdemeanor.

15.02.120 Public nuisance.

Compliance with the terms and conditions of this chapter shall constitute minimum health, sanitation and safety provisions and material noncompliance with said terms and conditions shall constitute a public nuisance and be subject to all criminal, civil and equitable remedies as such.

15.02.130 Severability.

If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances is not affected.