A.
Application.
This chapter is intended to regulate event gatherings with more than
1,000 persons, but fewer than 3,000 persons continuously over at least
an eight-hour period, or 3,000 or more people for more than an eight-hour
period but less than a 24-hour period. This chapter does not pertain
to “mass gatherings” as that term is defined in ORS 433.735,
but is intended to regulate less intensive events. Those events that
meet the state mass gathering definition shall comply with state statutory
and regulatory requirements; this chapter shall not create a local
definition of mass gatherings.
B.
State
Mass Gathering Requirements Inapplicable. Because Clatsop County has
defined social gatherings to be exclusive of the state definition
of mass gatherings, state regulations and requirements relating to
mass gatherings shall be inapplicable to social gatherings as defined
by this chapter.
C.
“Administrator”
“Health Department”
“Organizer”
“Outdoor mass gathering”
“Permit holder”
“Sheriff”
“Social gathering”
Definitions.
means the Clatsop County Manager, or a designee.
means the Clatsop County Health Department.
includes any person who holds, stages, or sponsors a social
gathering and the owner, lessee, or possessor of the real property
upon which the social gathering is to take place.
has the meaning set forth in ORS 433.735.
is the person to whom a permit is issued for a social gathering.
If a corporation applies for the permit, the corporation must designate
one or more individuals who will be the County’s point of contract.
means the Clatsop County Sheriff, or his/her designee.
means an event, activity or assembly that (a) continues or
can reasonably be expected to continue for more than eight consecutive
hours, but less than 120 consecutive hours within any six-month period;
and (b) continuously has more than 1,000 persons, but less than 3,000
persons on the real property for more than eight consecutive hours,
or has 3,000 or more persons on the real property for more than eight
consecutive hours and less than 24 consecutive hours.
D.
Land
Use. Neither a mass gathering nor a social gathering, as described
above, is a land use. However, land use approval through the Clatsop
County Community Development Department shall be required of any property
owner, contract purchaser or lessee upon whose real property five
or more mass gatherings or social gatherings are held in any 12-month
period. The intent of this provision is to determine when an underlying
property is engaged in a use, the intensity of which requires land
use approval.
(Ord. 11-12 § 7)
A.
Permits
Required for Social Gatherings.
1.
The
County may issue a permit for a social gathering upon application
and payment of the required fee when the permit applicant demonstrates
compliance with or the ability to comply with all applicable health
laws, building codes, zoning regulations, and safety rules and agrees
to reimburse the County for all expenses.
2.
No
social gathering shall be held in Clatsop County outside the limits
of incorporated cities unless the organizer first obtains a permit
and complies with all provisions of this chapter. One permit shall
be required for each social gathering. Civil liability for failure
to comply with the provisions of this chapter shall rest in all persons
who are responsible for obtaining permits under this provision.
3.
The
permit shall be kept posted in a conspicuous place upon the premises
of the assembly. No permit shall be transferred or assigned without
the consent of the Board of County Commissioners.
B.
Exceptions.
This chapter shall not apply to any regularly organized and supervised
school district activity or program that takes place on school property,
nor to any activity of a municipal corporation or government agency
nor to activities occurring at the Clatsop County parks or any state
park, the Clatsop County Fairgrounds, Camp Rilea, and Camp Kiwanilong.
(Ord. 11-12 § 7)
A.
Permit
Application Fee. The application fee shall be established by Board
order, and shall be an estimate of anticipated costs to the County
for receiving, processing and reviewing applications. The total fee
shall not exceed $5,000.00.
B.
Permit
Application for Social Gathering.
1.
The
application shall include all of the following and shall be filed
at least 60 days before the proposed gathering:
a.
Name, address and telephone number of the property owner and permit
applicant or, if a corporation, the name, address and telephone number
of the individual(s) who will represent the corporation as the point
of contact and permit holder;
b.
Assessor map and tax lot number, address and zoning designation of
the place of the proposed gathering;
c.
Date of the proposed gathering, including set-up and clean-up;
d.
Estimated attendance at the proposed gathering;
e.
Estimated parking requirements;
f.
A narrative describing the nature of the event, the sponsor, the
hours it will be open to the public, how traffic is to be handled,
the provisions to be made for on-site waste, solid waste disposal,
including recycling of materials, potable water, refuse removal, safety
measures and any other information that may be requested by the Administrator;
g.
A detailed site plan that shows the layout of the event, including
parking area, traffic flow, sanitation and refuse stations, vendor
and program locations property boundaries and roads;
h.
A statement of whether alcohol will be available and if so, by whom
and in what location, along with a copy of the Oregon Liquor Control
Commission permit; and
i.
Such other appropriate information as the Administrator shall require
in order to insure compliance with this chapter. If such additional
information is not supplied within two weeks of the Administrator’s
request, the application will be deemed incomplete.
2.
Incomplete
applications shall be denied and the application fee, less County
costs, shall be returned to the permit applicant.
3.
The
Board may issue, upon application, a permit for up to five years.
Such permit is discretionary and may only be applied for by an organizer
of a social gathering which has been held pursuant to properly issued
permits in the three immediately preceding years. The fee for a multi-year
permit shall be set by Board order. All other requirements of this
chapter shall apply to a multi-year permit application as if the application
was for a single-year permit.
C.
Notice
Requirements—Public Hearing.
1.
The
Administrator shall send notice of the application to the Sheriff
and other interested law enforcement agencies, the County Planning
Director, the County Health Administrator, the County Building Official,
the County Administrative Officer, and the chief of the fire district
in which the gathering is to be held. The Administrator may request
such cooperation and assistance from other state and local agencies
as deemed necessary.
2.
Each
official receiving notice of the application under this subsection
shall submit comments or responses in writing to the Administrator
within 14 days after the date the notice was mailed. The comments
may include recommendations as to granting the permit and recommended
conditions that should be imposed.
3.
The
Administrator shall make a recommendation on the application to the
Board of Commissioners.
4.
The
Board of Commissioners shall hold a public hearing on the issue of
the application’s compliance with all of the requirements of
this chapter. Notice of the time and place of such hearing including
a general explanation of the matter to be considered shall be published
at least ten calendar days before the hearing in a newspaper of general
circulation in the County. Notice shall also be sent to property owners
within 1,000 feet of the property upon which the social gathering
will be held.
D.
Conditions
of Permit.
1.
The
Board of Commissioners may, as conditions of the permit, require:
a.
Twice-daily inspection by appropriate County staff for compliance
with County code, State law, and applicable Oregon Administrative
Rules;
b.
Twice-daily inspection by the Fire Chief, or designee of the fire
district in which the social gathering site is located, for compliance
with fire safety regulations;
c.
Twice-daily inspection of the social gathering site by the County
Sheriff, or other law enforcement designee, for compliance with conditions
of the permit concerning crowd control, traffic management and compliance
with state and local laws, including criminal laws;
d.
If the inspections described above reveal deficiencies in compliance
with state or local law, the inspectors may return as often as needed
until the deficiencies are cured. If the deficiencies are not cured
or cannot be cured, the County Sheriff may terminate the social gathering;
e.
The permit holder 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. The insurance policy may not be
cancelable, and shall provide coverage against liability for death,
injury, or disability of any human, or for damage to property arising
out of the social gathering. The insurance policy must be an “occurrence”
policy, or its equivalent which provides for payment of claims made
during the 180-day period after the scheduled termination of the event.
Clatsop County shall be named as an additional insured under the policy.
The permit for the social gathering shall be voided by the Administrator
if the permit holder does not file proof of the non-cancelable insurance
required by this section with the Administrator at least thirty days
before the first day of the event. A performance bond to ensure clean
up of the event may also be imposed as a condition of approval;
f.
The permit holder to keep a reasonable count of persons and vehicles
entering and leaving the social gathering site;
g.
The permit holder to designate a contact person who shall be easily
identified and who shall remain at the social gathering site at all
times; and
h.
The permit holder to maintain order, require compliance with all
state and local laws, and provide for the orderly dispersal of those
in attendance if state and local laws are not observed.
2.
The
Board shall have the authority to take any action necessary, including
modification or revocation of a permit, to (a) remedy noncompliance
with conditions of a permit; and (b) ensure a permit holder complies
with all provisions of the permit, this chapter or other local or
state requirements.
E.
Deposit.
The permit holder shall provide a deposit to the County not less than
15 days prior to the event in an amount set by the Administrator.
The deposit shall be in cash or by certified check. Applicant shall
not be entitled to interest on funds deposited. The costs and 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. If the costs and expenses
incurred by the County 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 social
gathering. If the deposit exceeds the amount of the costs and expenses
incurred by the County, the remaining balance shall be refunded to
the applicant within 30 days of the social gathering.
F.
Authority
of Sheriff to Regulate Social Gatherings.
1.
For
a social gathering held under a valid permit, the County Sheriff has
the authority to order the crowd to disperse and leave the social
gathering site if the permit holder cannot maintain order and compliance
with all applicable state and local laws, or refuses to maintain order
and compliance with state and local laws or refuses or is unable to
adhere to the terms and conditions of the permit.
2.
If
at any time during the social gathering held under a valid permit,
the number of individuals or vehicles attending the gathering exceeds
the number of individuals or vehicles estimated in the permit application
and creates, in the belief of the Sheriff, an unreasonable threat
to the health, safety and welfare of the public, the County Sheriff
has the authority to require the permit holder to limit further admissions
until a sufficient number of individuals or vehicles have left the
site to eliminate the health, safety or welfare threat to the public.
(Ord. 11-12 § 7)
A.
Duration
of Operation.
1.
No
social gathering shall be conducted in the unincorporated areas of
Clatsop County within 1,000 feet of any neighboring residence between
the hours of 12:01 a.m. and 9:00 a.m. without the approval of the
Board of Commissioners.
2.
The
use of amplification shall be regulated so that it will not interfere
with the normal use of any school, church, residence or other permanent
place of human habitation unless prior written consent is obtained
from all affected persons. A sound level in excess of 70 decibels
prior to 10:00 p.m. and in excess of 50 decibels after 10:00 p.m.
(as measured upon the A scale of a standard sound level meter on affected
property) shall constitute interference.
B.
Sale
of Intoxicating Liquor Prohibited. No organizer shall permit any person
to sell intoxicating liquor at a social gathering, nor permit intoxicating
liquor to be sold on the premises without first obtaining appropriate
licenses from the Oregon Liquor Control Commission, copies of which
shall be submitted to the Administrator.
C.
Illegal
Drugs Prohibited. No organizer of a social gathering shall permit
any person to bring controlled substances into a social gathering,
unless legally prescribed by a physician, nor permit controlled substances
to be used on the premises, unless legally prescribed by a physician.
D.
Illegal
Fireworks Prohibited. No organizer of a social gathering shall permit
any person to bring illegal fireworks into a social gathering, or
set off the fireworks on the premises.
(Ord. 11-12 § 7; Ord. 12-03 § 8)
A.
Enforcement.
1.
The
County Counsel or District Attorney for Clatsop County may maintain
an action in any court of general jurisdiction to prevent, restrain,
or enjoin any violation of this chapter.
2.
If
social gathering attendees remain on the social gathering site after
the scheduled end of the gathering or the organizer or permit holder
fails to remove all debris or residue by the end of the cleanup period
specified in the social gathering permit, the Sheriff or County code
enforcement officers may issue citations to the landowner, all persons
remaining at the event site, and to all persons who have left debris
behind.
3.
In
addition to any other remedies provided, if the social gathering site
is not restored to its previous condition, or better, the County may
arrange for cleanup of the site, and then file an action for damages
against the organizers, including the landowner or successor landowner
and the permit holder.
B.
Public
Nuisance. Compliance with the terms of this chapter shall constitute
minimum health, sanitation and safety provisions; failure to comply
with the terms and conditions of this chapter and State law shall
constitute a public nuisance and shall be subject to all provided
criminal, civil and equitable remedies.
(Ord. 11-12 § 7)
