A “special event park use”
means:
1.
Non-exclusive use of Cullaby Lake Park by an organized group
of 200 or more people between June 30th and the Sunday following Labor
Day.
2.
Non-exclusive use by an organized group of more than 50 people
of any County park besides Cullaby Lake Park, or of Cullaby Lake Park
between the Monday following Labor Day and June 29th.
3.
Use of any County park after posted closure, or exclusive use
of any portion of a park (excluding boat ramps, shelter use or assigned
camping spaces).
4.
Park use for commercial purposes (excluding concessionaires
who have concession contracts with the County).
5.
Park use for any event providing live music or any event with
a noise producing activity. “Noise producing activity”
is producing a sound that is plainly audible outside the boundaries
of the County park where the noise is produced.
“Board”
means the Board of County Commissioners for Clatsop County.
(Ord. 00-09; Ord. 11-11 § 7)
A permit is required for any activity defined as a special event
park use. It is unlawful for any person to conduct an event for which
a special event permit is required, or knowingly participate in any
such event, unless or until a permit has been obtained.
(Ord. 00-09; Ord. 11-11 § 7)
Any person who wants to conduct an event for which a special
event permit is required shall apply to the park supervisor for a
permit at least 60 days in advance of the date of the proposed event.
The park supervisor 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 event is to be conducted. The application
for such permit shall be made in writing on a form provided by the
County. 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 chair
and the addresses and telephone numbers of each.
B. The
purpose of the event, the date when it is proposed to be conducted,
and the specific proposed location of the event.
C. An
application fee of $100.00; provided, the application fee may be waived
for any organized group of less than 50 persons who apply to use a
County park after posted closure.
D. If
applicant seeks to sell goods or services, the items to be sold must
be listed and the proposed hours of sale. If applicant proposes to
sell alcohol, an OLCC permit and additional insurance will be required.
The County may require additional fees (including a percentage of
the gross) for large volume sales.
E. Such
other information as the park supervisor may deem reasonably necessary.
F. Any
required deposit and the use fee established by order of the Board.
(Ord. 00-09; Ord. 11-11 § 7)
A. Standards
for Issuance. The park supervisor shall issue a permit conditioned
upon the applicant’s written agreement to comply with the terms
of such permit unless the park supervisor finds that:
1. The
time, size, or an activity at the event will disrupt to an unreasonable
extent the peace of other citizens or will endanger the safety of
participants or citizens, or cause a safety hazard.
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 County.
3. Such
event will interfere with another event for which a permit has been
issued.
4. The
event when considered in conjunction with special events that have
already been approved will overly restrict the general public’s
ability to access and enjoy park facilities.
B. Standards
for Denial. The park supervisor shall deny an application for a special
events permit and notify the applicant of such denial where:
1. The
park supervisor 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. 00-09; Ord. 11-11 § 7)
A permit of a special event shall specify:
A. Indemnity
and insurance as provided herein.
B. The
specified location to be used for the special event.
C. The
starting and ending time of the event.
D. Requirements
for sanitary facilities and trash removal.
E. Requirements
for crowd control, parking control and other staffing.
F. Requirements
for notice and signage.
G. Requirements
for pre-event meetings.
H. Conditions
for limited sale of goods or services.
I. Any
other condition reasonably calculated to reduce or minimize the dangers
and hazards to public health, safety, tranquility and welfare.
(Ord. 00-09; Ord. 11-11 § 7)
Upon denial by the park supervisor of an application, the applicant
may appeal the determination of the park supervisor within seven days
thereafter to the Board. 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 park supervisor.
(Ord. 00-09; Ord. 11-11 § 7)
Any special events permit issued pursuant to this chapter may
be summarily revoked by the park supervisor or Sheriff at any time
when by reason of disaster, public calamity, riot or other emergency,
the Sheriff or park supervisor determines that the safety of the public
or property requires such revocation. Notice of such action revoking
a permit shall be delivered in writing to the permittee by personal
service or by certified mail.
(Ord. 00-09; Ord. 11-11 § 7)
Applicants shall agree in writing to assume the defense of and
indemnify and save harmless the County, its commissioners, boards,
officers, 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 special event and the activities permitted in connection therewith.
Applicants shall provide the County with evidence of liability insurance
in amounts not less than the Oregon Tort Claim limits set forth in
ORS 30.272 and ORS 30.273. All policies shall name the County as an
additional insured. Provided, the park supervisor may waive proof
of insurance if circumstances warrant for events of less than 200
participants.
(Ord. 00-09; Ord. 11-11 § 7)
Applicants shall pay to the County the cost of County personnel
who are required by the County to work or perform duties during or
as a result of such events and all other costs incurred by the County,
including, but not limited to, trash removal, facility clean-up and
crowd control assistance. Applicants shall provide the County a deposit,
as described below, in an amount required by the park supervisor for
the purpose of covering costs to the County.
(Ord. 00-09; Ord. 11-11 § 7)
Applicant shall provide a deposit to the County not less than
15 days prior to the event in an amount set by the park supervisor.
The deposit shall be in cash or by certified check. Applicant shall
not be entitled to interest on funds deposited. The expenses the County
incurs 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. Any remaining funds shall
be refunded to the applicant within 30 days of the event.
(Ord. 00-09; Ord. 11-11 § 7)
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. 00-09; Ord. 11-11 § 7)
Any person, firm or corporation violating any provision of this chapter shall be guilty of a Class B violation under Chapter
1.11.
(Ord. 00-09; Ord. 11-11 § 7)