Chapter 9.24
ASSEMBLY REGULATIONS*
Sections:
9.24.010 Permit required when.
9.24.030 Permit – Application – Approval or denial.
9.24.040 Permit – Application – Submission of plans for approval – Approving agencies.
9.24.050 Permit – Application – Sanitary facilities.
9.24.060 Permit – Application – Fire protection.
9.24.070 Permit – Application – Traffic control.
9.24.080 Permit – Application – Parking.
9.24.090 Permit – Application – Inspection and enforcement.
9.24.100 Hours and noise restrictions.
9.24.120 Record of attendants – Permit application fee.
9.24.125 Waiver of requirements.
*Code reviser’s note: Section 2 of Ord. 2701 reads:
Section 2. Temporary applicability; Citizen work group to be formed. In adopting this Ordinance, the city council intends that the amendments made to Chapter 9.24 PTMC shall be a temporary correction of indefinite duration, addressing identified concerns with the application of Chapter 9.24 PTMC. The city council directs the city manager to review Chapter 9.24 PTMC and consider further amendments to Chapter 9.24 PTMC, with the assistance of a citizen task force appointed in accordance with the city council rules of procedure. The city council intends that such amendments will establish appropriate exemptions, clarify administrative processes, and establish appropriate regulatory requirements to address public health and safety impacts associated with large gatherings or assemblies, while recognizing that Port Townsend is a preferred destination for conventions, reunions, arts festivals, and other events which draw substantial numbers of tourists and visitors to Port Townsend. The city council directs the city manager to report his recommendations to the city council at such time as the task force has completed its deliberations, and as staff resources enable full consideration of appropriate amendments.
9.24.010 Permit required when.
It is unlawful for any person or persons, corporation, organization, landowner, lessee or lessor to allow, encourage, organize, promote, conduct, permit or cause to be advertised as an entertainment, amusement, or assembly of persons for any purpose which said person, persons, corporation, organization, landowner, lessee or lessor believes or has reason to believe, will attract 100 or more persons for four or more continuous hours, or who prepares or sells tickets numbering 100 or more for an event of four or more continuous hours in one or more days, at a particular location within the city, unless a valid and current permit has been obtained for the operating of said amusement, entertainment or assembly as specified in this chapter. One permit shall be required for each entertainment, amusement or assembly. Criminal or civil liability for failure to comply with the provisions of this chapter shall rest in all persons, corporations, organizations, landowners, lessees or lessors who are responsible for the obtaining of permits under this section. (Ord. 2701 § 1, 1999; Ord. 1858 § 1, 1980).
9.24.020 Definitions.
For the purpose of this chapter, unless the context indicates otherwise:
A. “Amusement” means any act or event causing or inducing relaxation and/or gaiety.
B. “Assembly” means the concourse or meeting together of a considerable number of persons at the same place.
C. “City manager” means the Port Townsend city manager, or his/her designee.
D. “Entertainment” means an act of entertaining or being entertained; specifically, an amusement, hospitality given or received, the consideration of an idea, etc., thus, the keeping of the same in mind. Something that entertains is interesting, diverting, or amusing as a show or performance.
E. “General public” means citizens and members of the community except in groups made up entirely of related kin. (Ord. 2701 § 1, 1999; Ord. 1858 § 2, 1980).
9.24.030 Permit – Application – Approval or denial.
Written final application for amusement, entertainment or assembly permits shall be made to the Port Townsend city manager 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. Approval or denial of permits as provided for in this chapter shall be made within 10 business days after application therefor. Permits shall not be denied, provided the following conditions specified in PTMC 9.24.050 through 9.24.090 are satisfactorily met by the applicant. Denial of the permit by the city manager shall be in writing with reasons for the denial and shall be subject to appeal to the city council by action filed within five business days of the denial. (Ord. 2701 § 1, 1999; Ord. 1858 § 3, 1980).
9.24.040 Permit – Application – Submission of plans for approval – Approving agencies.
Whenever approval by the Jefferson County health department is required under this chapter, 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 agencies shall be made within two business days prior to the date of application. When any type of physical facility is required or subject to approval under this chapter, 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 second day preceding the event. Should the actual facility or construction fail to meet the standards approved in the proposed plans, such preliminary approval shall be withdrawn and any and all permits granted subject to such approval shall be withdrawn. With the exception of inspection or application fees charged by other agencies or departments, no inspection fee or approval fee shall be charged other than the general permit fee required under this chapter. (Ord. 2701 § 1, 1999; Ord. 1858 § 4, 1980).
9.24.050 Permit – Application – Sanitary facilities.
No permit for an entertainment, amusement, or assembly shall be granted unless the application is accompanied by the written approval of the Jefferson County health department affecting the following minimum standards:
A. Water Supply.
1. Every location for which a permit must be obtained under this chapter shall have an adequate supply of water which is of a sanitary quality meeting the demands as prescribed by the Jefferson County health department.
2. Drinking fountains or drinking facilities shall be provided to meet the requirements of the Jefferson County health department.
B. Toilets and Washing Facilities. Every location for which a permit must be obtained hereunder shall be provided with toilets, urinals and hand washing facilities conveniently located in a manner and with a minimum number of facilities to meet the requirements of the Jefferson County health department.
C. Food Preparation and Food Service Facilities. Should the applicant for a permit under this chapter 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 Jefferson County health department for the facilities so provided. Such facilities shall meet the specifications required by the Jefferson County health department. (Ord. 2701 § 1, 1999; Ord. 1858 § 5, 1980).
9.24.060 Permit – Application – Fire protection.
No permit shall be granted under this chapter unless the applicant has shown that the Port Townsend fire chief or designee has approved fire protection devices and equipment available at, in or near any building, tent, stadium or enclosure or 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 required. Fire prevention standards shall be those as provided by state law. (Ord. 2701 § 1, 1999; Ord. 1858 § 6, 1980).
9.24.070 Permit – Application – Traffic control.
No permit shall be granted under this chapter unless it shall be shown in the application to the city manager that adequate traffic control and crowd protection policing have been contracted for or otherwise provided by the applicant. Traffic control/crowd control personnel shall be city police officers or reserve officers or named persons approved by the chief of police or designee and submitting affidavits that they have not been convicted of a felony within the previous 10 years. To be eligible to serve as privately contracted traffic or crowd control personnel, such persons shall consent in writing to a police department criminal background check. There shall be provided one traffic control/crowd control person for each 100 persons expected or reasonably to be expected to be in attendance at any time during the event; provided, that the city manager is authorized to require additional traffic control and crowd control officers or personnel as may be necessary to address public safety and traffic and crowd control needs for the particular event. Unless waived by the city manager, 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 any eight-hour rest period before his next hours on duty. The applicant shall provide the city manager with a written assurance that privately contracted traffic control and crowd control personnel shall not be under the influence of or affected by alcohol or controlled substances during the course of the event. (Ord. 2701 § 1, 1999; Ord. 1858 § 7, 1980).
9.24.080 Permit – Application – Parking.
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 or from the parking area and the access for delivery of emergency services; 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. (Ord. 2701 § 1, 1999; Ord. 1858 § 8, 1980).
9.24.090 Permit – Application – Inspection and enforcement.
No permit shall be granted under this chapter 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 city and 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. (Ord. 2701 § 1, 1999; Ord. 1858 § 9, 1980).
9.24.100 Hours and noise restrictions.
No entertainment, amusement or assembly coming within the provisions of PTMC 9.24.010 shall be conducted in the city between the hours of 2:00 a.m. and 7:00 a.m., except as provided in this section. 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 city manager may 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. (Ord. 2701 § 1, 1999; Ord. 1858 § 10, 1980).
9.24.110 Applicability.
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. (Ord. 1858 § 11, 1980).
9.24.120 Record of attendants – Permit application fee.
A. Record of Attendants. Application for a permit under the provisions of this chapter shall state the number of persons expected or reasonably expected and/or the number of tickets printed and sold. 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. 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. 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.
B. Permit Application Fee. A $50.00 permit application fee shall be filed with the application. The city manager is authorized to waive the permit application fee if the applicant satisfies all of the following requirements: (1) the event is sponsored by a government entity or nonprofit corporation; (2) the community will receive substantial public benefit from the event; and (3) the event will cause nominal impacts upon public services. (Ord. 2701 § 1, 1999; Ord. 1858 § 13, 1980).
9.24.125 Waiver of requirements.
Under appropriate circumstances, the city manager is authorized to waive any requirements stated in this Chapter 9.24 PTMC which are not imposed by other agencies or jurisdictions (such as the Jefferson County health department). “Appropriate circumstances” for waiving the requirements of this chapter include, but are not limited to the following: (1) the event is planned for a limited duration of time and will have nominal impacts upon public health, safety, traffic circulation and the delivery of public services; (2) the event is sponsored in whole or in part by the city of Port Townsend or another governmental entity, and all considerations addressed in this chapter are sufficiently addressed through the city’s internal review procedures; (3) the event is otherwise sufficiently regulated in other chapters of the Port Townsend Municipal Code; or (4) in the judgment of the city manager, the public will derive substantial benefits from the event, such as tourism promotion and the promotion of economic development, and in the balance, the event will have nominal impacts upon public health, safety, traffic circulation and the delivery of public services. (Ord. 2701 § 1, 1999).
9.24.130 Compliance required.
Compliance with the terms and conditions of this chapter shall constitute minimum health, sanitation and safety provisions, and noncompliance with said terms and conditions shall constitute a public nuisance and be subject to all criminal, civil and equitable remedies as such. (Ord. 1858 § 14, 1980).
9.24.140 Violation – Penalty.
Any person who violates or fails to comply with any provision of this chapter, or who, having obtained a permit under this chapter, wilfully fails to continue to comply with the terms and conditions thereof, or who counsels, aids or abets such violation, or fails to comply, is guilty of a misdemeanor. (Ord. 1858 § 13, 1980).