means the County Manager or the County Manager’s designee.
means any organized group of 50 or more bicycles upon any
County road, for which directional signs or road markings and rest
stops are provided, and for which registration is required.
means the Board of County Commissioners for Clatsop County.
means any County road, as defined in ORS 368.001(5), in Clatsop
County. “County road” shall not include any road within
the limits of any incorporated city in Clatsop County.
means any parade, footrace, motorcade, walkathon, bicycle
tour, events requiring extensive roadside parking, road rally, other
significant road event or large event as defined in this section.
means any scheduled or planned event which will result in
more than 50 vehicles at any one time parking within the right-of-way
of a County road.
means any event involving more than 100 vehicles or bicycles
or 400 pedestrian participants.
means an organized procession containing 50 or more vehicles,
except funeral processions, and military convoys upon any County road.
means any scheduled or planned event which requires a detour
or road closure, partial or complete, or the use of pilot vehicles
to guide traffic, which is expected to exceed 45 minutes of time,
either for one period of time, or separate intervals of time which
in the aggregate are expected to exceed 45 minutes of time. Road construction
and maintenance, utility placement and maintenance, search and rescue
activities, and response by law enforcement agencies, fire departments,
ambulance companies or public works departments to criminal activities,
fires, accidents, landslides, or other emergencies are not considered
other significant road events under this chapter.
means any march or procession consisting of people, animals
or vehicles, or combination thereof, except funeral processions, upon
any County road which does not comply with normal and usual traffic
regulations or controls.
means any governmental entity included in ORS 190.410 that,
prior to issuance of a County road event permit, asks the County to
collect reimbursement for the costs incurred by that entity.
means an organized run of 100 or more participants who are
at any one time upon any portion of a County road. Athletic competitions
sponsored by a Clatsop County school district are not included within
this definition.
means any organized contest of speed or of driving skills
utilizing automobiles or motorized vehicles of any kind upon any County
road.
means the elected Sheriff of Clatsop County or the Sheriff’s
designee.
means any organized walk of 100 or more participants who
are at any one time upon any portion of a County road, for which directional
signs or road markings and rest stops are provided, and for which
registration is required.
(Ord. 11-10 § 3; Ord. 21-01 § 4)
A.
It
shall be unlawful for any person to conduct a parade, race, walkathon,
bicycle tour, motorcade, or any other public event in or upon any
County road or knowingly participate in any such event unless and
until a permit to conduct such event has been obtained from the Administrator,
or, as hereinafter provided, from the Board.
B.
It
shall be unlawful, and no permit shall be issued, to conduct any event
after sunset and before sunrise involving pedestrian participants,
unless the Administrator or the Board is assured that adequate steps
have been taken to provide for the safety of the participants, spectators,
and residents in the vicinity of the activity.
(Ord. 11-10 § 3; Ord. 21-01 § 4)
Any person who wants to conduct a parade, race, motorcade, bicycle
tour, walkathon, or other public event using County roads shall apply
to the Administrator for a permit at least 60 days in advance of the
date of the proposed event. The Administrator may at his or her discretion
consider any application for a permit to conduct such an event which
is filed less than 60 days prior to the date such parade, race, or
motorcade is to be conducted. The application for such permit shall
be made in writing on a form approved by the Administrator. In order
that adequate arrangements may be made for the proper policing of
the event, the application shall contain the following information:
A.
The
name of the applicant, the sponsoring organization, the event chairperson
and the addresses and telephone numbers of each.
B.
The
purpose of the event, the date when it is proposed to be conducted,
the location of the assembly area(s), route to be traveled and the
approximate time when the event will assemble, start and terminate.
C.
An
application fee of $100.00, except that the application fee will be
$500.00 for over 100 vehicles or bicycles or 400 pedestrian participants.
D.
Such
other information as the Administrator may deem reasonably necessary.
(Ord. 11-10 § 3; Ord. 21-01 § 4)
A.
Standards
for Issuance. The Administrator, or in the event of a large event,
the Board, shall issue a permit conditioned upon the applicant’s
written agreement to comply with the terms of such permit unless the
Administrator or Board finds that:
1.
The
time, route and size of the parade, race, motorcade, walkathon, or
bicycle tour will disrupt to an unreasonable extent the movement of
other traffic or will endanger the safety of participants or citizens,
or cause a safety hazard to other traffic.
2.
The
event is of a size or nature that requires the diversion of too many
County law enforcement officers, public works employees or other County
personnel to properly control the event or that allowing the event
would deny reasonable law enforcement or other emergency service protection
to the citizens of the County.
3.
Such
event will interfere with another event for which a permit has been
issued.
4.
The
County Public Works Director determines the event would damage County
roads.
B.
Standards
for Denial. The Administrator, or in the case of large events, the
Board, shall deny an application for a County event permit and notify
the applicant of such denial where:
1.
The
Administrator or Board makes any finding contrary to the findings
required to be made for the issuance of a permit.
2.
The
information contained in the application is found to be false or nonexistent
in any material detail.
3.
The
applicant refuses to agree to abide by or comply with all conditions
of the permit.
(Ord. 11-10 § 3; Ord. 21-01 § 4)
A.
In
each permit the Administrator, or in the case of large events, the
Board, shall specify:
1.
The
assembly area and time therefor.
2.
The
starting and ending time of the event.
3.
The
minimum and maximum speeds.
4.
The
route of the event.
5.
What
portions of roads to be traversed may be occupied by such event.
6.
The
number of persons required to monitor the event.
7.
The
number and type of vehicles, if any.
8.
That
the permit holder advise all participants in the event by written
notice, of the terms and conditions of the permit, prior to the commencement
of such County road event.
9.
Such
other requirements as are found by the Administrator to be reasonably
necessary for the protection of persons or property.
B.
All
conditions of the permit shall be complied with so far as reasonably
practicable.
(Ord. 11-10 § 3; Ord. 21-01 § 4)
Approval or denial of an application made pursuant to Section 12.12.040(B) may be appealed to the Board. Said appeal must be in writing and received by the Board not later than 5:00 p.m. on the seventh calendar day after the date of the decision by the Administrator. The Board shall consider the appeal as soon as practicable after receipt of the appeal. Upon such appeal, the applicant and appellant shall have the right to be heard. The Board may reverse, affirm, or modify in any regard the determination of the Administrator.
(Ord. 11-10 § 3; Ord. 21-01 § 4)
The permit of any event with more than 100 vehicles or bicycles
or 400 participants shall be issued solely by the Board.
(Ord. 11-10 § 3; Ord. 21-01 § 4)
A.
Any
permit for a County road event issued pursuant to this chapter may
be summarily revoked or amended by the Administrator prior to the
commencement of the event, at any time when by reason of disaster,
public calamity, riot or other emergency, it is determined that the
safety of the public or property requires such revocation or amendment.
B.
If
at any time during the County road event held under a valid permit,
the Administrator or Sheriff, believes an unreasonable threat to the
health, safety and welfare of the public is present, or the permit
holder cannot maintain order and compliance with all applicable state
and local laws or refuses or is unable to adhere to the terms and
conditions of the permit, the Administrator or Sheriff may terminate
the County road event or reduce the number of participants, or take
any lawful action to remedy the unsafe condition.
(Ord. 11-10 § 3; Ord. 21-01 § 4)
Applicants shall agree in writing to assume the defense of and
indemnify and save harmless the County and its commissioners, boards
and officers, including the County Sheriff, employees and agents,
from all suits, actions, damages or claims to which the County may
be subjected of any kind or nature whatsoever resulting from, caused
by, arising out of or as a consequence of such County road event and
the activities permitted in connection therewith. Applicants shall
provide County with evidence of insurance with combined single limit
policy amounts not less than the tort liability limits for local public
bodies set forth in ORS 30.272 and 30.273. The County shall be named
as an additional insured. The Administrator may waive proof of insurance
if circumstances warrant for County road events other than large events.
Applicants shall also agree to indemnify, defend, save and hold harmless
any public agency providing services to the County road event.
(Ord. 11-10 § 3; Ord. 21-01 § 4)
Applicants shall pay to the County the cost of County personnel and personnel from other public agencies who are required by the County to work or perform duties during or as a result of County road events, and all other costs incurred by County and other public agencies including, but not limited to, trash removal, road repairs, policing, fire protection, medical assistance and medical standby, administrative costs, and manning of barricades. Applicants shall deposit with the County, as described in Section 12.12.110, a sum in an amount required by the Administrator or Board for the purpose of covering costs to the County.
(Ord. 11-10 § 3; Ord. 21-01 § 4)
Applicant shall provide a deposit to the County not less than
15 days prior to the event in an amount set by the Administrator or
in the case of a large event, the Board. The deposit shall be in cash
or by certified check. Applicant shall not be entitled to interest
on funds deposited. The costs and expenses County and other public
agencies incur before, during, after, or as a result of the event,
including any costs associated with enforcing the conditions of applicant’s
permit, shall be deducted from the deposit. If the costs and expenses
incurred by the County and other public agencies exceed the amount
of the deposit, the Administrator shall bill the permit holder and
the permit holder shall pay the bill for such additional costs and
expenses within 90 days after the County road event. If the deposit
exceeds the amount of the costs and expenses incurred by the County
and other public agencies, the remaining balance shall be refunded
to the applicant within 30 days of the County road event.
(Ord. 11-10 § 3; Ord. 21-01 § 4)
Issuance of a permit under this chapter shall not relieve applicant
of the responsibility to comply with all applicable ordinances and
laws, and obtain all other required permits and licenses necessary
for an event.
(Ord. 11-10 § 3; Ord. 21-01 § 4)
Any permit granted under this chapter may contain conditions
reasonably calculated to reduce or minimize the dangers and hazards
to vehicular or pedestrian traffic and the public health, safety,
tranquility and welfare including, but not limited to, changes in
time, duration and number of participants.
(Ord. 11-10 § 3; Ord. 21-01 § 4)
Any person who violates any provision of this chapter or who willfully violates the terms of the permit, shall be guilty of a Class A violation under Chapter 1.11.
(Ord. 11-10 § 3; Ord. 21-01 § 4)
