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HomeMy WebLinkAbout01 70ORDINANCE NO. AN ORDINANCE of Jefferson County, Washington, pro- viding for the regulation of assemblies; defining the factors and conditions per- taining thereto; setting forth a proce- dure for the issuance of a permit and fixing penalties for the violation, or violations, hereof. WHEREAS, it appears necessary for the protection of the health and welfare of the general public with re- gard to entertainments, amusements and assemblies cater- ing to the general public, that certain rules and regula- tions be set forth. in writing and thus be established and fixed; and WHEREAS, 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 rea- sonably determined; now, therefore, THE BOARD OF COUNTY COMMISSIONERS DOES ORDAIN as follows: SECTION 1. BASIC CLAUSE: It shall be unlawful for any person, persons, cor- poration, organization, landowner, lessee 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, per- sons, corporation, organization, landowner, lessee or lessor believes or has reason to believe, will attract one thousand (1,000) or more persons for twelve (12) or more -1- continuous hours or three hundred (300) or more persons for eight (8) or more continuous hours in each of two (2) or more consecutive days, or who prepares or sells tickets numbering one thousand (1,000) or more for an event of twelve (12) or more continuous hours in one day, or three hundred (300) or more for an event of eight (8) or more continuous hours on two (2) or more consecutive days at a particular location within Jefferson County and outside the limits of the City of Port T)wnsend, unless a valid and current permit has been obtained for the operating of said amusement, entertainment or assembly as in this ordinance specified. Said permits shall be required for all such entertainments, amusements and assemblies to be held thirty (30) or more days from the date of the adop- tion of this ordinance. One permit shall be required for each entertainment, amusement or assembly. Criminal or civil liability for failure to comply with the provisions of this ordinance shall rest in all persons, corporations, organizations, landowners, lessees or lessors who are responsible for the obtaining of permits under this section. SECTION 2. DEFINITIONS: General Public - Citizens and members of the commun- ity except in groups made up entirely of related kin. Entertainment - An act of entertaining or being entertained. Specifically - 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 o -how or per- formance. Amusement -- Any act or event causing or inducing re- laxation and/or gaiety. -2- Assembly - 9 The concourse or meeting together of a considerable number of persons at the same place. SECTION 3. LICENSING CLAUSE: Written final application for amusement, entertain- ment or assembly permits shall be made to the Jefferson County Board of County Commissioners and said application must be submitted thirty (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 herein provided for shall be made within ten (10) days after application therefor. Permits shall not be denied provided the following conditions (1-5) are sat- isfactorily met by the applicant. 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 ten (10) days of the denial. SECTION 4. SUBMISSION OF PLANS FOR APPROVAL -- APPROVING AGENCIES: Whenever approval by a County government agency other than the Board of County Commissioners is required here- under, application for such approval shall be made ten (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 ten (10) days of the date of application. When any type of physical facility is required or subject to approval here- under, preliminary approval may be granted based upon spe- cific plans proposed and submitted by the applicant. All such facilities shall be in existence three (3) or more :Mz days before 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 plant, such pre- liminary approval shall be withdrawn and any and all per- mits 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. SECTION 5. CONDITION NO. 1 - SANITARY FACILITIES: No permit for an entertainment, amusement, or assembly shall be granted unless the application is accompanied by the written approval of the Olympic Health District affec- ting the following minimum standards: 1. Water Supply (a) 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 demands as prescribed by the Washington State Department of Health. (b) Drinking fountains or drinking facilities shall be provided to meet the requirements of the Revised Code of the state of Washington. 2. Toilets and Washing Facilities (a) Every location for which a permit must be obtained hereunder shall be provided with toilets, urinals and hand washing facilities conveniently located. (1) Separate toilet facilities shall be provided for each sex and shall be so marked. -1}- s (2) Toilets must be water -flushed or fly -tight sanitary privies approved by the Health Officer or sanitarian. (3) The minimum number of the above faci- lities to be provided shall be in accordance with the orders of the Olympic Health District. 3. Food Preparation and Food Service Facilities Should the applicant for a permit htreunder 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 Olympic Health District for the facilities so provided. Such facilities shall meet the specifications required by the said Health District. SECTION 6. CONDITION NO. 2: No permit shall be granted hereunder unless the appli- cant has shown that the Jefferson County Civil Defense Di- rector and the Fire Chief in the Fire District where the event is to be held has approved fire protection devises and equipment available at, in or near any building, tent, stadium or enclosure wherein or whereupon more than ten (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 those as provided by state law. SECTION 7. CONDITION NO. 3: No permit shall be granted hereunder unless it shall be in an application to the Jefferson County Sheriff that adequate traffic control and crowd protection policing have been contracted for or otherwise provided by the ap- plicant. Traffic control - crowd 0ontrol personnel shall -5 - e • be licensed merchant patrolmen or named persons submit- ting affidavits that they have not been convicted of a felony within the previous ten (10) years. There shall be provided one (1) traffic control -crowd control person for each two hundred (200) persons expected or reasonably to be expected to be in attendance at any time during the event, provided that a minimum of three (3) such person- nel shall be provided for any event coming within the provisions of this ordinance. Sufficient personnel shall be provided so that the above requirements will be met throughout the event without working any personnel more than twelve (12) hours without at least any eight (8) hour rest period before his next hours on duty; personnel shall be deputized by the Sheriff of Jefferson County prior to assuming responsibilities outlined in this section. SECTION 8. CONDITION N0, 4s Application for a permit under this title shall be accompanied by scale drawing showing adequate parking fac- ilities have been made available adjacent to the lonation 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 exp0et6d.°t0_,.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 ordinance. M-2 SECTION 9, CONDITION N0, 5: 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 Bounty 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. SECTION 10: No entertainment, amusement or assembly coming with- in the provisions of Section 1 shall be conducted in the unincorporated areas of Jefferson 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 ordinance 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 Jefferson County can set additional limitations or extensions on the hours, provided that any limitations shall not infringe on activi- ties during daylight hours after the hour of 7:00 A,M, SECTION 11: The provisions of this ordinance shall not apply to regularly scheduled entertainments, amusements and assem- blies held at camps, parks, fairgrounds, Indian gathering places or resorts. SECTION 12: Application for a permit under the provisions of this ordinance shall state the number of persons expected or reasonably expected and/or the number of tickets printed -7- and sold. It shall be the duty of the applicant to re- cord the number of persons admitted to and exited from any event coming within the provisionsof this ordinance 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 pre- sent 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 twenty percent (20%) 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. A per- mit fee shall be filed with the application subject to the following scale: 300 to 1,000 $ 100.00 1,000 to 5,000 500.00 5,000 and over 1,500.00 SECTION 13: Any person who shall violate or fail to comply with any provision of this ordinance, or who shall, having ob- tained a permit hereunder, willfully fail to continue to comply with the terms and conditions thereof, or who shall counsel, (aid or abet) such violation, or failure to com- ply, shall be deemed guilty of a misdemeanor. SECTION 14: Compliance with the terms and conditions of this ord- inance shall constitute minimum health, sanitation and safety provisions and material non-compliance with said terms and conditions shall constitute a public nuisance and be subject to all criminal, civil and equitable remedies as such. NO SECTION 15: If any provision of this ordinance, or its applica- tion to any person or circumstance is held invalid, the remainder of this ordinance, or the application of the provision to other persons or circumstances is not affected. SECTION 16: This ordinance shall be published once in the Port Townsend Leader to be in force and take effect on the date of its adoption. -v'�� I -,., IN7 R S --0;il-l"D OF JEFFE'-SON CUUNTY CU'IvII ._; ATTEST: TiT et 5y JTemple 730 County Audbtor and Ex - officio Clerk of the 3oard ed Fl. UlMeara, iviemoer c, -SEAL: -v'�� I -,., IN7 R S --0;il-l"D OF JEFFE'-SON CUUNTY CU'IvII ._; ATTEST: TiT et 5y JTemple 730 County Audbtor and Ex - officio Clerk of the 3oard ed Fl. UlMeara, iviemoer READS CONSIDERED, AND PUBLICATION DIRECTED FOR THE TIME AND IN THE MANNER PROVIDED BY LAW THIS 6TH DAY OF -MARCH, 1970. BOARD OF JEFFERSON COUNTY COMMISSIONERS /S/ WALTER A. KELLY, CHAIRMAN SEAL: fJ Is/ GEORGE HUNTINGFORD. MEMBER ATTEST: �_ _/ .� / `�,=<',1�`r1.% i�/ /s/ ALFRED Mo OIMEARA, MEMBER BETTY J. TEMPLE.,; COUNTY AUD)(TOR AND EX—OFF I C I O VCI.d K OF THE BOARD NOTICE OF PUBLIC HEARING UPON THE ADOPTION OF A PROPOSED ORDINANCE NOTICE IS HHE"R�BY GIVEN �THAjT 1 N F O, - ) ON MONDAY THE tbw 97DAY OF1 O, AT THE HOUR OF TEN O'CLOCK (10:00) IN THE ., FORENOON OF SAID DAY AT THE COUNTY COMMISSIONERS' ROOM IN THE JEFFERSON COUNTY COURT- HOUSE, PORT TOWNSEND, WASHINGTON, A PUBLIC HEARING WILL BE HAD UPON THE'ADOPTfON OF THE FOLLOWING PROPOSED JEFFERSON COUNTY ORDINANCE,f � �� • , 1� �i�xlon 7oorcnfi� Y"'/ flai".I&n 98968 I—ch 2, -"-"71) ATO "'Tj;,' T?OA -) 07 nOT.f,7rnY .g. _047 ►' � ' a r MDCCCXC 'ithi n the wee}- �zd 0' 1,'Parn suC-estPd to me the propriety o' ­,d.^-)ti_on. by ?effereon ^ounty of one of these Rock_ r. Roll Crd nar,ces. Thl- —)repents very dif{';_cun t Cons titi;.tion .l question,e erfor. -'.ent 0 ,h,_ch -nay be doubtru.l . T '-_ave exp .`ne ] scme of the effort. and _ll have .something fcr your consideration next �r daJ; � ud hsometnL -n h-' s ohge" `a+ 2v" hi ions cnd. VVI 1_le an ordinflnCP ml ht not do.,,hat is int—ended, it�act as a deterrdnt and r},_It th,. public on notice of the Commissionersi !.ntent. 'u. J. Dal,, Prosecutln,r Attorney