1995-17139-Ordinance No. 95-032 Recorded 5/18/1995REVIEWS
9S-1'7139
LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 8, * C` ".
Health and Safety, of the
Deschutes County Code and
Declaring an Emergency.
ORDINANCE NO. 95-032
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. Amendment. Title 8, "Health and Safety," as
amended and as presented here in its codified form is further amended
to read as set forth in Exhibit "A," attached hereto and by this
reference incorporated herein, with new language in bold type and
deletions noted in brackets.
Section 2. Severability. The provisions of this ordinance are
severable. If any section, sentence, clause or phrase of this
ordinance is adjudged to be invalid by a court of competent
jurisdiction, that decision shall not affect the validity of the
remaining portions of this ordinance.
Section 3. Codification. County 'Legal Counsel shall have the
authority to format the provisions contained herein in a manner that
will integrate them into the County Code consistent with the Deschutes
County Form and Style Manual for Board Documents. Such codification
shall include the authority to make such changes, to make changes in
numbering systems and to make such numbering changes consistent with
interrelated code sections. In addition, as part of codification of
these ordinances, County Legal Counsel may insert appropriate
legislative history reference. Any legislative history references
included herein are not adopted as part of the substance of this
ordinance, but are included for administrative convenience and as a
reference. They may be changed to correct errors and to conform to
proper style without action of the Board of County Commissioners.
Section 4. Repeal of Ordinances as Affecting Existing
Liabilities. The repeal, express or implied, of any ordinance,
ordinance provision, code section, or any map or any line on a map
incorporated therein by reference, by this amending ordinance shall not
release or extinguish any duty, condition, penalty, forfeiture, or
liability previously incurred or that may hereafter be incurred under
such ordinance, unless a provision of this amending ordinance shall so
expressly provide, and such ordinance repealed shall be treated as
still remaining in force for the purpose of sustaining any proper
action or prosecution for the enforcement of such duty, condition,
penalty, forfeiture, or liability, and for the purpose of authorizing
the prosecution, conviction and punishment of the person or persons who
previously violated the repealed ordinance.
PAGE 1 - ORDINANCE NO. 95-032 (5/17/95)
t:klf .�
r 8 1995 WIA l
9
0148-°1000
Section 5. Emergency. This ordinance being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this ordinance takes effect on its
passage.
DATED this 17th day of May, 1995.
BOARD OF COUNTY COMMISSIONERS
OF ESCHUTECji� UNTY, OREGON
BAR . SLAU H ER, Chairman
ATT T: NANCY PE C GEN, Commissi�er
XT--�
V- 1,;�
Recording Secretary ROB"T L. NIPPER, Co 'ssioner
PAGE 2 - ORDINANCE NO. 95-032 (5/17/95)
EXHIBIT "A"
Title 8
HEALTH AND SAFETY
Chapters:
0146-1C017
8.04 State Health Division Licenses
8.08 Noise Control
8.12 Alarm Equipment and Security Services
8.16 Entertainment Assemblies
8.20 Open Burning
0146-1008
Chapter 8.04 8.04.035 License required -Bed and
breakfast facility.
STATE HEALTH DIVISION LICENSES
Sections:
8.04.010
License required -Restaurant
operation.
8.04.020
License required -Swimming
pool, bath, spa, wading pool or
bathhouse.
8.04.030
Certificate of sanitation
required -Travellers'
accommodation or recreation
park.
8.04.035
License required -Bed and
breakfast facility.
8.04.040
Violation -Infraction.
8.04.010 License required -Restaurant
operation.
No person shall operate a restaurant,
temporary restaurant or limited service
restaurant without a current license to do so
from the Health Division of the Department
of Human Resources of the state. (Ord. 83-
034 § 1, 1983)
8.04.020 License required -Swimming
pool, bath, spa, wading pool or
bathhouse.
No person shall operate or maintain a
public swimming pool, bath, spa, wading pool
or bathhouse without a current license to do
so from the Health Division of the
Department of Human Resources of the state.
(Ord. 83-034 § 2, 1983)
8.04.030 Certificate of sanitation
required -Travellers'
accommodation or recreation
park.
No person shall establish, operate, maintain
or manage a travellers' accommodation or
recreation park without securing a current
certification of sanitation. (Ord. 83-034 § 3,
1983)
8.04
No person shall operate a bed and
breakfast facility without a current license to
do so from the Health Division of the Oregon
Department of Human Resources. (Ord. 88-
025 § 1, 1988)
8.04.040 Violation -Infraction.
Violation of any provision of this chapter is
a Class B infraction. (Ord. 83-034 § 4, 1983)
(5/95)
Chapter 8.08
NOISE CONTROL
Sections:
8.08.010
Title.
8.08.020
Authority.
8.08.030
Purpose.
8.08.040
Definitions.
8.08.045
Definition -Direct
transportation.
8.08.050
Definition -Motor vehicle.
8.08.055
Definition -Off-road motorcycle.
8.08.060
Definition -Unreasonably loud
or raucous noise.
8.08.065
Exception for certain farming
and forestry practices.
8.08.070
Construction.
8.08.080
Acts prohibited.
8.08.090
Permits -Issuance.
8.08.100
Variances.
8.08.110 Amendments.
8.08.120 Publication and effect of rules.
8.08.130 Violation -Infraction -
Enforcement.
8.08.140 Abatement and removal.
8.08.010 Title.
This chapter shall be known as the county
noise control ordinance. (Ord. 203.11 § 2,
1980)
8.08.020 Authority.
This chapter is adopted pursuant to the
provisions of Oregon Revised Statutes
467.100, 203.035 and 203.127. (Ord. 203.11 §
1, 1980)
8.08.030 Purpose.
The purpose of this chapter is to promote
the public peace, health, safety and general
welfare, which the board finds to be adversely
affected by unreasonably loud or raucous
noises. (Ord. 203.11 § 3, 1980)
8.08.040 Definitions.
For the purposes of this chapter, unless
0 U09
04
otherwise apparent from the context, certain
words and phrases used in this chapter are
defined as [follows:] set forth in 8.08.045-060.
(Ord. 95-032 § 1, 1995; Ord. 203.11 § 4, 1980)
8.08.045 Definition -Direct
transportation.
"Direct transportation" means travel
between different locations separated by a
distance not substantially different than the
length of a trip with a destination where the
rider leaves the vehicle before resuming travel.
"Direct transportation" includes parking places
in streets and parking lots, but excludes speed
contests, motocross contests, rallies and
practice therefor, repair and testing of motors,
accelerating the motors of stopped motor
vehicles, and vehicular traffic wherein the
same vehicle may be heard for more than five
minutes from the same location. (Ord. 203.11
§ 4, 1980)
8.08.050 Definition -Motor vehicle.
"Motor vehicle" means every self-propelled
vehicle and vehicle designed for self -
propulsion, except road rollers, farm tractors,
traction engines; provided however, that police
vehicles, ambulances, fire engines and other
emergency vehicles responding to emergency
calls are not subject to this chapter. (Ord.
203.11 § 4, 1980)
8.08.055 Definition -Off-road motorcycle.
"Off-road motorcycle" means every motor
vehicle having a seat or saddle for the use of
the rider and designed to travel on not more
than three wheels in contact with the ground,
but excluding a trailer. This includes
motorcycles suitable for use off any road or
on dirt trails, regardless of whether it may also
be used on public streets or highways under
state law. "Off-road motorcycle" includes
motorcycles sold or commonly described as
dirt bikes, motocross bikes, trail bikes, enduro
bikes and trail bikes which in operation make
crackling or explosive noises that would
disturb the sleep, comfort or repose of
(5/95)
persons 30 or more feet away. (Ord. 203.11 §
4, 1980)
8.08.060 Definition -Unreasonably loud
or raucous noise.
"Unreasonably loud or raucous noise"'
means:
A. Motor vehicle noise which is louder or
heard for a longer period than that produced
by use in direct transportation by motor
vehicles with mufflers supplied by the
manufacturer with the vehicle, which disturbs,
injures or endangers the comfort, repose,
health, peace or safety of persons 30 or more
feet away, if such noise is not emitted in order
to make the motor vehicle move up to the
maximum speed limit on public streets, roads,
and/or highways for the purpose of direct
transportation; or
B. Noise which violates the standards of
the Environmental Quality Commission
adopted pursuant to Oregon Revised Statutes
467.030 which are not exempt under Oregon
Revised Statutes 467.035 or permitted by a
variance issued under Oregon Revised
Statutes 467.060;
C. The sounding of any horn or signaling
device on any automobile, motorcycle, bus or
other vehicle except as a reasonable signal
required by the exigencies of vehicular or
pedestrian traffic; the creation by means of
any such signaling device of any sound which
disturbs the sleep, peace, quiet, comfort or
repose of other persons; the sounding of any
such device for an unnecessary or
unreasonable period of time;
D. The playing, using or operating of any
radio, musical instrument, phonograph,
television set, tape recorder or other machine
or device for the producing or reproducing of
sound in such a manner as to disturb the
sleep, peace, quiet, comfort or repose of other
persons, or at any time with louder volume
than is necessary for convenient hearing by
the person or persons who are in the room,
vehicle or chamber in which the machine or
device is operated and others who are
voluntary listeners thereto. The operation of
0146-Vio
any such machine or device in such a manner
so as to be plainly audible to a peace officer
at a distance of 50 feet from the building,
room, structure or vehicle in which it is
located shall be prima facie proof of a
violation of this section;
E. Using, operating or permitting to be
used or operated any mechanical or electrical
loudspeaker or sound amplifier, either
stationary or mobile, for producing or
reproducing sound which is cast upon the
public streets or other public property. This
section does not prohibit the reasonable use
of mechanical loudspeakers or sound
amplifiers in the course of noncommercial
public addresses or emergency announcements
required by public safety; provided however,
that repetitive mechanically or electrically
amplified political advertising shall not be
allowed in zoned residential neighborhoods
between 10:00 p.m. and 7:00 a.m. if it disturbs
the sleep, peace, quiet, comfort or repose of
persons more than 30 feet away;
F. Yelling, shouting, hooting, whistling or
singing on the public streets, between the
hours of 10:00 p.m. and 7:00 a.m. or at any
time or place so as to disturb the sleep, peace,
comfort or repose of persons more than 30
feet away. This section shall not apply to
applause and cheering at public meetings,
lectures, sports events and shows held at
schools, stadiums, auditoriums, churches,
meeting halls, public parks and public
playgrounds;
G. The keeping of any animal which by
frequent or long continued noise disturbs the
sleep, peace, quiet, comfort or repose of
persons more than 30 feet away;
H. The blowing of any steam whistle
attached to any stationary boiler, except to
give notice of the time to begin or stop work,
as a warning of fire or danger, or upon
request of proper authorities;
I. The discharge into the open air of the
exhaust of any steam engine, stationary
internal combustion engine, motor boat or
motor vehicle except through a muffler or
other device which will effectively prevent
8.08 2 (5/95)
loud or explosive noises therefrom;
J. The use of any automobile, motorcycle
or other vehicle so out of repair, so loaded, or
in such a manner as to disturb the sleep,
peace, quiet, comfort or repose of persons
more than 30 feet away;
K. The loading or unloading of any vehicle
or the opening, closing or destruction of bales,
boxes, crates and containers, so as to disturb
the sleep, peace, quiet, comfort or repose of
persons more than 30 feet away;
L. The construction including excavation,
demolition, alteration or repair of any
building, street, sidewalk, driveway, sewer or
utility line between the hours of 10:00 p.m.
and 7:00 a.m., except as provided in section
[8.08.070] 8.08.090 of this chapter;
M. The creation of any sound on any street
adjacent to any school, institution of learning,
church or court, while the same is in use, or
adjacent to any hospital, nursing home or
other institution for the care of the sick or
infirm, which would tend to unreasonably
interfere with the operation of the same or
disturbs the sleep, peace, quiet, comfort or
repose of persons more than 30 feet away.
"Adjacent" means within 500 feet of any of
such institutional building;
N. The operation between the hours of
10:00 p.m. and 7:00 a.m. of any pile driver,
earthmoving equipment, pneumatic hammer,
derrick, steam or electric hoist or other
appliance or machinery, the use of which
creates a sound which disturbs the sleep,
peace, quiet, comfort or repose of persons
more than 30 feet away;
O. The use of any off-road motorcycle or
snowmobile where it is heard by the occupant
from the premises of an inhabited residence
not owned by the user. If the user has a
permit issued under section [8.08.070(B)]
8.08.090(B) of this chapter, such person may
operate the motorcycle or snowmobile within
the terms of the permit;
P. The operation of any blower, power fan,
internal combustion engine, electric motor or
compressor, or the compression of air, unless
the sound from each machine is sufficiently
0146 -RIM
muffled so as not to disturb the sleep, peace,
quiet, comfort or repose of persons more than
30 feet away. (Ord. 95-032 § 1, 1995; Ord.
203.11 § 4, 1980)
8.08.065 Exception for certain farming
and forestry practices.
Generally accepted, reasonable and prudent
farming and forest practices as described in
Oregon Revised Statutes 30.930 to 30.937 and
Chapter 9.12 of this Code do not constitute
nuisances under this chapter. (Ord. 95-024 §
12, 1995)
8.08. [050] 070 Construction.
For the purpose of this chapter, words used
in the present tense include the future, the
singular includes the plural, the word "shall' is
mandatory and directory, and the term "this
chapter" shall be deemed to include all
amendments hereafter made hereto. (Ord. 95-
032 § 1, 1995; Ord. 203.11 § 10, 1980)
8.08.[060]080 Acts prohibited.
Except as permitted in this chapter, no
person shall make any unreasonable loud or
raucous noise which disturbs, injures or
endangers the comfort, repose, health, peace
or safety of others within the legal boundaries
of the county. (Ord. 95-032 § 1, 1995; Ord.
203.11 § 5, 1980)
8.08.[070]090 Permits -Issuance.
A. In cases of emergency or other urgent
public necessity the sheriff may issue a permit
allowing activities described in section
[8.08.040(D)(12)] 8.08.060(L) to take place at
any hour. Emergency permits may not be
issued for periods exceeding three days, but
may be renewed for successive periods not
exceeding three days each for so long as the
emergency continues.
B. After a public hearing held pursuant to
Division I of Title 18 at which they consider
the location of the building or other site, the
potential nature of the sound from the
activity, the potential nature of the sound
from vehicular traffic to and from the site and
8.08 3 (5/95)
the relative loss or inconvenience that would
result to the persons affected, the Board of
County Commissioners upon finding peace,
quiet, comfort or repose of other persons will
not be disturbed, may issue a permit allowing
activities in section [8.08.040(D)(12)]
8.08.060(L) of this chapter to take place
between such hours and for such periods as
they deem proper.
C. Permits may also include such
restrictions or conditions that are necessary to
safeguard the public peace. Denial of permits
by the sheriff may be appealed to the Board
of County Commissioners within 15 days after
denial. The date of a denial shall be the date
a permit is orally denied or the date of the
making of a written denial, whichever is later.
Granting of such permit may be appealed at
any time by any person who resides or works
within hearing of the noise generated as a
result of the granting of the permit.
D. This section shall not apply to
emergency work performed on public
improvements and public utilities. Such
activities maybe conducted without restriction
on the hours of operation. (Ord. 95-032 § 1,
1995; Ord. 203.11 § 11, 1980)
8.08. [080] 100 Variances.
The Board of County Commissioners may
grant personal nonassignable variances of
expressly limited duration and covering a
defined geographical area from the operation
of this chapter after public hearing following
the procedures of Division I of Title 18 of this
code and satisfy the variance burden of proof
under the current county zoning ordinance.
In addition to the standards provided therein,
the Board of Commissioners shall apply the
relevant provisions of Oregon Revised
Statutes 467.060. (Ord. 95-032 § 1, 1995; Ord.
203.11 § 12, 1980)
8.08. [090] 110 Amendments.
This chapter may be amended,
supplemented or changed by order of the
Board of County Commissioners. A proposal
for change or amendment may be initiated by
oil 6-1`1
the district attorney, county counsel, sheriff or
by petition of 10 or more persons to the
board. (Ord. 95-032 § 1, 1995; Ord. 203.11 §
7, 1980)
8.08. [100] 120 Publication and effect of
rules.
A. To the extent that this chapter conflicts
with rules of procedure established by any
earlier ordinance, this chapter shall apply.
B. A copy of this chapter shall be made
available for the cost of reproduction to any
person requesting it.
C. This chapter supersedes any previous
noise control ordinance. (Ord. 95-032 § 1,
1995; Ord. 203.11 § 9, 1980)
8.08.[110]130 Violation -Infraction -
Enforcement.
A. Violation of any provision of this
chapter is a Class A infraction.
B. It shall be the responsibility of the
Deschutes County Sheriff to enforce this
chapter. (Ord. 95-032 § 1, 1995; Ord. 83-018
§ 1, 1983; Ord. 203.11 § 6, 1980)
8.08.[120]140 Abatement and removal.
In addition to and not in substitution for
any other remedies provided by law for
enforcement of this chapter, the Board of
County Commissioners may institute
proceedings under Oregon Revised Statues
203.127, injunction, mandamus, abatement or
other appropriate proceedings to prevent
temporarily, or permanently enjoin, abate or
remove any activity or use of real or personal
property which it has probable cause to
believe does or will violate this chapter. (Ord.
95-032 § 1, 1995; Ord. 203.11 § 13, 1980)
8.08 4 (5/95)
Chapter 8.12
ALARM EQUIPMENT AND SECURITY
SERVICES
Sections:
8.12.010
Definitions.
8.12.015
Definition -Alarm equipment
supplier.
8.12.020
Definition -Alarm monitoring
8.12.025
8.12.030
8.12.035
8.12.040
8.12.045
8.12.050
8.12.055
8.12.060
8.12.070
8.12.080
8.12.090
8.12.100
8.12.110
8.12.120
8.12.130
8.12.140
8.12.150
8.12.160
8.12.170
8.12.180
8.12.190
8.12.200
8.12
service.
Definition -Automatic
protection device.
Definition -Direct line.
Definition -False alarm.
Definition -Key.
Definition -Regular telephone
line.
Definition -Security persons.
Definition -Sensory detection
apparatus.
Alarm receivers.
Automatic protection device -
Restrictions on keying.
Duties of owner or lessee.
Equipment supplier -License -
Required.
Equipment supplier -License -
Application.
Equipment supplier -Denial of
application.
Equipment supplier -
Identification cards.
Equipment supplier -
Operational standards.
Monitoring services -License -
Required -Fee.
Monitoring service -License -
Application and issuance
conditions.
Monitoring service -Operational
standards.
Security personnel -License -
Required -Fee.
Security personnel -License -
Application.
Fees.
Disposition of fees.
8.12.210 Nonliability of county.
8.12.220 False alarms -Penalties.
8.12.230 Suspension or revocation of
licenses.
8.12.240 Violation -Penalty.
8.12.010 Definitions.
For the purposes of this chapter, unless
otherwise apparent from the context, certain
words and phrases used in this chapter are
defined as [follows:] set forth in 8.12.015-055.
(Ord. 95-032 § 1,1995; Ord. 203.10 § 1, 1979)
8.12.015 Definition -Alarm equipment
supplier.
"Alarm equipment supplier" means any
person in the business of selling, leasing,
installing or maintaining automatic protection
devices which are connected to police or fire
departments or to an alarm monitoring
service, or audible alarm systems. (Ord. 203.10
§ 1, 1979)
8.12.020 Definition -Alarm monitoring
service.
"Alarm monitoring service" means any
person in the business of operating a service
that includes a service whereby persons
receive messages from automatic protection
devices reporting emergencies at stated
locations and relay such emergency message
to the communications center of the fire
department or the sheriff's department. (Ord.
203.10 § 1, 1979)
8.12.025 Definition -Automatic
protection device.
"Automatic protection device" means any
electrically or mechanically operated
instrument designed for keying to a licensed
alarm monitoring service or a fire department,
sheriffs department or other government law
enforcement agency. (Ord. 203.10 § 1, 1979)
8.12.030 Definition -Direct line.
"Direct line" means a special unlisted
telephone line, unavailable for use by the
(5/95)
public at large, leading directly to the
communications center of the fire department
or police department from a single, specific
location and designed to be used only to
report emergency messages and signals. (Ord.
203.10 § 1, 1979)
8.12.035 Definition -False alarm.
"False alarm" means a message summoning
the emergency service of a fire department or
law enforcement agency when no emergency
exists. This may be due, among other causes,
to malfunctioning of any automatic protection
device, or mistake by any alarm monitoring
service under the management and control of
the owner of the premises protected by the
device or service, or such owner's agents,
employees or contractors. The opinion of any
licensed alarm installer shall be admissible on
the issue of whether an automatic protection
device has malfunctioned. (Ord. 203.10 § 1,
1979)
8.12.040 Definition -Key.
"Key" means to utilize a telephone line for
transmitting a message. (Ord. 203.10 § 1,
1979)
8.12.045 Definition -Regular telephone
line.
"Regular telephone line" means a general
telephone line leading to the communications
center of the fire department or police
department or alarm monitoring service
available for use by the public at large. (Ord.
203.10 § 1, 1979)
8.12.050 Definition -Security persons.
"Security persons" means security guards,
alarm monitoring personnel and alarm
installers. (Ord. 203.10 § 1, 1979)
8.12.055 Definition -Sensory detection
apparatus.
"Sensory detection apparatus" means a
mechanical or electrical device, part of an
automatic protection device, which is designed
for detection of any physical force or
condition inherently characteristic of fire or
the unauthorized intrusion into or upon
protected premises. (Ord. 203.10 § 1, 1979)
8.12. [020] 060 Alarm receivers.
The sheriff and fire chief may prescribe the
type and number of alarm receivers to be
installed in their respective departments. (Ord.
95-032 § 1, 1995; Ord. 203.10 § 12, 1979)
8.12.[030]070 Automatic protection device -
Restrictions on keying.
A. The keying of automatic protection
devices so as to send prerecorded or other
messages directly over regular telephone lines
to the fire department or sheriff's department
is prohibited. All automatic protection
devices shall be keyed so as to send
prerecorded or other messages to the unlisted
telephone line installed in the fire or sheriffs
department or alarm monitoring service for
that purpose.
B. Within 30 days after the effective date
of the ordinance codified in this chapter all
automatic protection devices presently keyed
to send prerecorded or other messages directly
over regular telephone lines to the fire
department or sheriff's department shall be
altered so as to key the automatic protection
device to a telephone number other than
those listed for the fire department or sheriff s
department.
C. No person except a duly licensed alarm
equipment supplier shall key an automatic
protection device to the fire or sheriffs
department or alarm monitoring service. (Ord.
95-032 § 1, 1995; Ord. 203.10 § 2, 1979)
8.12.[040]080 Duties of owner or lessee.
A. It shall be the duty of the owner or
lessee of any automatic protection device to
arrange for the equipment alteration
prescribed in section [8.12.030] 8.12.070 of this
chapter.
B. The owner or lessee of an automatic
protection device shall be responsible for
having the device repaired or disconnected, as
quickly as reasonably possible after he learns,
8.12 2 (5/95)
either from his own sources, an alarm
monitoring service, an alarm equipment
supplier, or any member of the fire
department or sheriffs department that the
device is not working properly. The automatic
protection device must be disconnected within
48 hours if repairs cannot be made. (Ord. 95-
032 § 1, 1995; Ord. 203.10 § 3, 1979)
8.12. [050] 090 Equipment supplier -
License -Required.
No person shall sell or lease any automatic
protection devices for installation in or upon
any premises in the county or install or
maintain for a fee such devices, whether or
not such devices are keyed to a license alarm
monitoring service, without obtaining a license
from the sheriff prior to such sale, lease,
installation or maintenance. (Ord. 95-032 § 1,
1995; Ord. 203. 10 § 4, 1979)
8.12. [060] 100 Equipment supplier -License
Application.
Every alarm equipment supplier shall apply
to the sheriff for a license on a form to be
furnished by the county and shall pay to the
sheriff an annual license fee of $24.00. Each
application shall be signed by the applicant or
its agent and shall include the following:
A. The name, address and telephone
number of the applicant and its type of
business organization (individual, partnership
or corporation). If the applicant is a
partnership, the names and addresses of the
partners shall be given; if the applicant is a
corporation, the names and addresses of its
principal officers and registered agent shall be
given. The number of the installer's electrical
contractor's and electrician's license required
by Oregon Revised Statutes 479.620 shall also
be given, if the supplier installs equipment;
B. A complete background check shall be
made by the sheriff of all applicants and
employees;
C. A statement detailing the required
maintenance service for the applicant's
automatic protection devices that is offered to
its customers and the applicant's certification
0146-p1C15
of the availability of their service;
D. An agreement on the part of the
applicant to comply with the operational
standards listed in section [8.12.090] 8.12.130
of this chapter, with other requirements for
issuance of licenses imposed by this chapter,
and with other reasonable rules and
regulations that may be issued by the sheriff.
(Ord. 95-032 § 1, 1995; (Part) of amendment
to Ord. 203.10, passed 3/5/80; Ord. 203.10 §§
5 (part) and 5.010-5.040, 1979)
8.12. [070] 110 Equipment supplier -Denial
of application.
The sheriff may deny the application
required by this chapter, when the application
does not comply with the standards of this
chapter or the background check shows that
the applicant or an employee has been
convicted or pleaded guilty or nolo contenders
to a crime involving moral turpitude or when
the applicant or an employee would not be
bondable. Any such denial may be appealed
to the county commission by written notice to
the sheriff within 10 days after such denial.
(Ord. 95-032 § 1, 1995; Ord. 203.10 § 5.050,
1979)
8.12. [080] 120 Equipment supplier -
Identification cards.
All employees of alarm equipment suppliers,
who will install automatic protection devices,
shall possess and carry with them
identification cards issued by the sheriff. The
sheriff may charge a reasonable fee for
providing the identification cards. (Ord. 95-
032 § 1, 1995; Ord. 203.10 § 5.060, 1979)
8.12. [090] 130 Equipment supplier -
Operational standards.
In addition to other requirements for
issuance of a license imposed by this chapter,
the sheriff, before issuing a license to any
alarm equipment supplier, shall insure that the
following minimum operational standards are
met:
A. Every alarm equipment supplier
applying for a license under this chapter shall
8.12 3 (5/95)
agree to furnish to the person to whom such
device is sold or leased or for whom the
device is installed or maintained, complete
instructions detailing the operation of the
device and instruction covering use of the
device and an operating manual for the
device. These instructions shall include
information as to how the device's alarm may
be aborted.
B. All licensed alarm equipment suppliers
shall notify the county sheriff at least 24 hours
before activation of any automatic protection
device, giving the information outlined below.
With respect to all automatic protection
devices previously sold, leased, installed or
maintained by them on the effective date of
the ordinance codified in this chapter, within
30 days such suppliers shall provide the county
sheriff a list of all automatic protection device
installations known to them, including:
1. The address of the premises where the
device is installed and the telephone number
at its location;
2. The name, residence address and
telephone number of the owner or lessee of
the premises;
3. The names, addresses and telephone
numbers of any other persons who may be
authorized to respond to an emergency and
open the premises where the device is
installed; and
4. The type of alarm, characterized as
police or fire, its particulars (internal or
perimeter or both) and a description of how it
is activated - through heat, smoke, intrusion,
sound, vibration, etc.;
C. When automatic protection sold, leased,
installed or maintained by an alarm equipment
supplier has been keyed to a licensed alarm
monitoring service, information to be supplied
to the county pursuant to subsection B(3) of
this section shall be provided, in addition to
the alarm monitoring service to which the
device has been keyed.
D. At the time of sale, lease or installation,
all licensed alarm equipment suppliers shall
furnish to the persons for whom the automatic
protection device has been sold, leased or
Uj'o
OM0
installed, written information as to how
maintenance service from the supplier can be
obtained on a 24 hour basis, including 24 hour
telephone numbers to call for service.
E. All audible alarms shall have automatic
timers to silence the alarm after 30 minutes.
In the event an audible alarm is not
automatically silenced after 30 minutes, an
officer of the sheriff's department may
disconnect or otherwise disable the alarm to
preserve the peace and quiet of the
neighborhood. Neither the county sheriff's
department nor any officer thereof shall be
liable for any damages resulting from actions
taken pursuant to this subsection.
F. All direct line fire alarm systems, except
automatic telephone dialers and digital
receivers, and their installation shall conform
to the standards of the National Fire
Protection Association.
G. All direct line automatic protection
devices shall be tested not less than every six
months. Each test report shall be submitted
to the sheriff and fire departments.
Prior to each test, at least 10 minutes notice
shall be given to the sheriff's and fire
departments and alarm monitoring services.
Installation testing and repair of such devices
shall be done only after specific arrangement
with the sheriff's and fire departments and
alarm monitoring service. Testing shall be the
responsibility of alarm owners or lessees.
(Ord. 95-032 § 1, 1995; Ord. 203.10 § 6, 1979)
8.12. [100] 140 Monitoring services -License -
Required -Fee.
No person shall operate an alarm
monitoring service without obtaining a license
from the sheriff prior to such operation, and
shall pay to the sheriff an annual license fee
of $25.00. Any person in the county who
operates an alarm monitoring service may,
upon obtaining a license from the sheriff,
include in such service the receipt and relay of
a live voice message, from automatic
protection devices to the fire department or
sheriff's department. (Ord. 95-032 § 1, 1995;
Ord. 203.10 § 7, 1979)
8.12 4 (5/95)
8.12.[110]150 Monitoring service -License -
Application and issuance
conditions.
Every alarm monitoring service shall apply
to the sheriff for a license on a form to be
furnished by the county. Each application
shall be signed by the applicant or its agent
and shall include the following:
A. The name and address of the applicant
and its type of business organization
(individual, partnership or corporation). If
the applicant is a partnership, the names and
addresses of the partners shall be given; if the
applicant is a corporation, the names and
addresses of its principal officers and
registered agents shall be given;
B. An agreement that the sheriff may make
a background check of all applicants and their
employees at any time;
C. A statement that the applicant is willing
to comply with the operational standards
contained in section [8.12.120] 8.12.160 of this
chapter, with other requirements for issuance
of licenses imposed by this chapter and with
other reasonable rules and regulations that
may be issued by the sheriff;
D. Evidence of adequate insurance and
bonding to cover foreseeable risks of loss to
customers due to failure to notify authorities
after receipt of an alarm;
E. The sheriff may deny the application
required by this section, when the application
does not comply with the standards of this
chapter or the background check shows that
the applicant or an employee has been
convicted or pleaded guilty or nolo contendere
to a crime involving moral turpitude or when
the applicant or an employee would not be
bondable. Any such denial may be appealed
to the county commission by written notice to
the sheriff within 10 days after such denial.
(Ord. 95-032 § 1, 1995; Ord. 203.10 § 8, 1979)
8.12.[120]160 Monitoring service -
Operational standards.
In addition to other requirements for
issuance of a license imposed by this chapter,
the sheriff, before issuing a license to any
0111
alarm monitoring service, may insure that the
following minimum operational standards are
met:
A. The room or rooms containing alarm
monitoring services shall be separate from all
other telephone answering operations and
secured at all times so that only authorized
employees will have access thereto. The
premises shall have a direct panic alarm
providing instant communication to the
sheriffs office. No other types of operations
shall be carried on by the personnel on duty in
the monitoring section.
B. As soon as practicable, the alarm
monitoring service operator on duty shall
report to the department or agency concerned,
the contents of any message received from an
automatic protection device. Under no
circumstances shall the alarm monitoring
service operator notify anyone of the message
received prior to informing the appropriate
law enforcement department or agency;
provided, however, that nothing in this chapter
shall prevent an alarm monitoring service
from identifying and aborting a false alarm.
C. Instructions for handling emergency
messages shall be posted by the service from
whose premises live voice alarms originate for
reference by alarm monitoring service
operators. Instructions shall be modified as
the sheriff requires.
D. A sufficient number of alarm
monitoring service operators shall be on duty
at all times to assure that messages from
automatic protection devices are relayed
immediately to the department or agency
concerned.
E. The alarm monitoring service shall
agree to submit to the county the names and
addresses of all present or proposed
employees of the service, together with any
other personnel information the county may
reasonably require for background checks.
F. The alarm monitoring service shall
agree to provide to the county all information
required by section [8.12.090(B)] 8.12.130(B).
(Ord. 95-032 § 1,1995; Ord. 203.10 § 9,1979)
8.12 5 (5/95)
8.12. [130] 170 Security personnel -License -
Required -Fee.
No person shall be employed as security
person without a valid license issued by the
sheriff and such security person shall possess
and carry the license while in the scope of
employment. (Ord. 95-032 § 1, 1995; Ord.
203.10 § 10, 1979)
8.12.[140]180 Security personnel -License -
Application.
All security persons shall apply to the sheriff
for a license on a form to be furnished by the
county and shall pay to the sheriff an initial
license fee of $10.00 and an annual renewal
fee of $2.50. Each application shall be signed
by the applicant and shall include the
following:
A. The name, address and telephone
number of the applicant;
B. A complete background check made by
the sheriff of all applicants, disclosing no
criminal conviction involving moral turpitude
or ineligibility to be bonded;
C. An agreement on the part of the
applicant to comply with reasonable rules and
regulations that may be issued by the sheriff;
D. If the applicant is to carry a firearm in
the course of employment, then he shall, in
addition to the other requirements of this
section, pass the same firearms qualification
test as designed and administered by the
sheriff for his deputies. The cost of
application shall be borne by the applicant.
(Ord. 95-032 § 1, 1995; Ord. 203.10 § 11,
1979)
8.12. [150] 190 Fees.
The Board of County Commissioners, may
establish reasonable monthly charges to be
collected by the sheriff to cover the cost of the
monitoring of automatic protection devices.
(Ord. 95-032 § 1, 1995; Ord. 203.10 § 14,
1979)
8.12.[160]200 Disposition of fees.
All fees paid pursuant to this chapter shall
be promptly deposited in the general fund of
the district or political subdivision collecting
the fee. (Ord. 95-032 § 1, 1995; Ord. 203.10 §
15, 1979)
8.12.[170]210 Nonliability of county.
Neither the county nor any official or
employee thereof shall be liable for any
damage resulting from the malfunction or
defective installation of any automatic
protection device or alarm monitoring service
or conduct of security personnel provided for
in this chapter. (Ord. 95-032 § 1, 1995; Ord.
203.10 § 13, 1979)
8.12.[180]220 False alarms -Penalties.
A. All unlicensed automatic protective
devices shall be inactivated within 30 days
after the effective date of the ordinance
codified in this chapter. If any person causes
a false alarm which results in emergency
police or fire department action, the sheriff
may, 10 days after personal service of written
notice or after delivery of written notice by
certified mail, return receipt requested,
disconnect any person's direct line telephone
service to the sheriff's department at the
owner's expense. Alternatively, the sheriff
may order the owner to inactivate the
automatic protection device producing the
false alarm. If, during the 10 day period, the
owner or lessee of the device requests a
hearing on the revocation of the license, the
Board of County Commissioners shall set a
hearing on the matter to be conducted in
accordance with Oregon Revised Statutes
chapter 183 and the Attorney General's
Model Rules of Procedure promulgated
thereunder. In order to have a revoked
license reinstated, or an automatic protection
device reconnected, the owner or lessor of the
automatic protection device must apply on
forms provided by the sheriffs department
which shall require an affidavit stating in
detail the corrective actions taken to prevent
recurrence of a false alarm. The fee for such
reinstatement shall be as follows:
1. If the automatic protection device
produces a fire alarm or armed robbery alarm,
8.12 6 (5/95)
$50.00;
2. If the automatic protection device
produces any other type of alarm, $25.00.
B. The reinstatement fees stated in this
section may be changed by order of the Board
of County Commissioners to sums that will
reasonably compensate the sheriff for
responding to the false alarm which resulted
in revocation of the license and which will
cover the cost of processing the reinstatement
application. (Ord. 95-032 § 1, 1995; (Part) of
amendment to Ord. 203.10, passed 3/5/80:
Ord. 203.10 § 16.010, 1979)
8.12.[190]230 Suspension or revocation of
licenses.
In addition to the foregoing, the sheriff may
administratively suspend or revoke the license
of any alarm equipment supplier, security
personnel or alarm monitoring service which
violates the provisions of this chapter, and
disconnect any direct -line telephone service
with the sheriff's department 10 days after
personal service of written notice or after
delivery of written notice by certified mail,
return receipt requested. During the 10 days
following service of the notice, the person
served may request a hearing on the
revocation of the license by letter to the
Board of County Commissioners. Upon
receipt of the letter, the board shall set a
hearing on the matter to be conducted in
accordance with Oregon Revised Statutes
chapter 183 and the Attorney General's
Model Rules of Procedure promulgated
thereunder. (Ord. 95-032 § 1, 1995; Ord.
203.10 § 16.030, 1979)
8.12. [200] 240 Violation -Penalty.
Violation of any provision of this chapter, or
disobeying any order of the sheriff made
pursuant to section [8.12.180] 8.12.220 of this
chapter is a Class A infraction. (Ord. 95-032
§ 1, 1995; Ord. 83-017 § 1, 1983; Ord. 203.10
§ 16.020, 1979)
8.12 7 (5/95)
Chapter 8.16
ENTERTAINMENT ASSEMBLIES
Sections:
8.16.010
Definitions.
8.16.015
Definition -Entertainment
assembly.
8.16.020
Definition -Health department.
8.16.025
Definition -Sheriff.
8.16.030
Permit -Required.
8.16.040
Permit -Exceptions.
8.16.050
Permit -Fee -Application.
8.16.060
Permit -Bond and insurance.
8.16.070
Permit -Application Approval.
8.16.080
Permit -Issuance condition one -
Sanitary facilities.
8.16.090
Permit -Issuance condition two -
Fire protection standards.
8.16.100
Permit -Issuance condition
three -Medical service.
8.16.110
Permit -Issuance condition
four -Public safety.
8.16.120
Permit -Issuance condition five -
Parking facilities.
8.16.130
Permit -Posting.
8.16.140
Inspection of premises.
8.16.150
Restricted hours of operation.
8.16.160
Operator responsible for
preserving order.
8.16.170
Crowd limitation.
8.16.180
Intoxicating liquor prohibited.
8.16.190
Narcotic and dangerous drugs
prohibited.
8.16.200
Compliance required.
8.16.210
Review of board's action.
8.16.220
Violation -Penalty.
8.16.010 Definitions.
For the purposes of this chapter, unless
otherwise apparent from the context, certain
words and phrases used in this chapter are
defined as [follows:] set forth in 8.16.015-025.
(Ord. 95-032 § 1, 1995; Ord. CG -3 (9/16/70) §
1, 1970)
0113-16'20
8.16.015 Definition -Entertainment
assembly.
"Entertainment assembly" means and
includes all assemblies of the public gathered
either indoors or outdoors for musical
festivals, concerts and other musical
entertainment, automobile racing, motorcycle
racing, horse racing, dog racing, boat racing,
other racing events and for other
entertainment purposes. (CG -3 (9/16/70) § 1,
1970)
8.16.020 Definition -Health department.
"Health department" means and refers to
the county health department and employees
and representatives thereof. (Ord. CG -3
(9/16/70) § 1, 1970)
8.16.025 Definition -Sheriff.
"Sheriff' means the county sheriff, or his
duly authorized deputies and representatives.
(Ord. CG -3 (9/16/70) § 1, 1970)
8.16. [020] 030 Permit -Required.
It is unlawful for any person, persons,
corporation, organization, landowner or lessor
to allow, promote, conduct, permit or cause to
be advertised, an entertainment assembly
when the person, persons, corporation,
organization, landowner or lessor believes or
has reason to believe that such assembly will
attract 2,500 or more persons, whether or not
a charge or contribution is required for
admission, unless a valid county permit has
been obtained for the operation of such
entertainment assembly. One such permit
shall be required for each entertainment
assembly, except that, if two or more
assemblies are to be held at the same site
during any 12 -month period, one permit may
be issued for the entire period; provided all
terms and conditions of this chapter are met
on each occasion. Criminal or civil liability
for failure to comply with the provisions of
this chapter shall rest on all person's,
corporations, organizations, landowners or
lessors who are responsible for obtaining
8.16 1 (5/95)
permits under this chapter (Ord. 95-032 § 1,
1995; Ord. CG -3 (9/16/70) § 2, 1970)
8.16. [030] 040 Permit -Exceptions.
This chapter shall not apply to any regularly
organized and supervised school district
activity or program that takes place on school
property, nor activity in a permanently
constructed facility which has been previously
approved by a governmental agency. (Ord. 95-
032 § 1, 1995; Ord. CG -3 (9/16/70) § 14,1970)
8.16.[040]050 Permit -Fee -Application.
A. No entertainment assembly shall be held
in the county outside the limits of
incorporated cities and towns unless the
person, persons or corporation sponsoring the
entertainment assembly shall first obtain a
permit as provided in this chapter, and shall
comply with all regulations provided in this
chapter. The fee for such permit to cover the
cost of inspecting facilities and issuing and
administering the same prior to the event shall
be in accordance with the following schedule:
1. Two thousand two hundred fifty persons
reasonably anticipated to attend, $1,000.00;
2. Over 5,000 persons reasonably
anticipated to attend, $1,000.00 application
fee, plus $100.00 for each additional 1,000
persons reasonably anticipated to attend.
B. Written application for each
entertainment assembly permit shall be made
to the Board of County Commissioners 30 or
more days prior to the first day upon which
such entertainment assembly is to be or may
be held by filing the same with the County
Clerk, and shall be accompanied by a deposit
of the fee required in this chapter. It shall be
signed by the person or persons organizing
and sponsoring the assembly and verified upon
oath. Each application shall state the location
to be utilized for such assembly, and shall also
include an agreement that the applicant or
applicants will abide by all rules and
regulations of this chapter and other
regulations and laws for the protection of the
health, morals and safety of the persons
employed therein, and for the patrons or
OE0
participants thereof, and for the public. Each
application shall be accompanied by the
fingerprints and a three-inch by five -inch
photograph of each and every organizer,
promoter and sponsor of such assembly. The
fingerprints and photographs may be taken by
the sheriff at the request of the applicant.
C. Fee Waiver Conditions. The Board of
County Commissioners may waive part or all
of the permit fee upon a showing by the
applicant of good cause to reduce or waive the
fee. (Ord. 95-032 § 1, 1995; Ord. 86.071 § 1,
1986; Ord. CG -3 (9/16/70) § 3 (part), 1970)
8.16.[050]060 Permit -Bond and insurance.
A. Bond of Indemnity.
1. No permit shall be issued under this
chapter unless the applicant has on deposit
with the County Treasurer the following sum
of cash or appropriate bond as an indemnity
to save and protect the streets, pavements,
bridges, road signs and other property of the
county from any and all damages that may be
caused by vehicles, employees, participants in
or patrons of such entertainment assembly and
to be used, if necessary, to restore the grounds
where such entertainment assembly is held to
a sanitary condition and pay all charges and
losses to the county for damages to the
streets, bridges and other property:
a. Ten thousand dollars when attendance
of 2,500 to 5,000 persons is reasonably
anticipated;
b. Twenty-five thousand dollars when
attendance over 5,000 persons is reasonably
anticipated.
2. When a dispute arises between the
parties as to the number of persons
anticipated to attend, the decision of the
Board of Commissioners thereon establishing
the amount of bond required and the permit
fee shall be final and controlling.
3. Should the licensed event necessitate
the incurring of any expenses or the
deployment of additional personnel by the
county, or at the request of the county, such
added expense shall be recoverable from the
principal and its surety out of the cash on
8.16 2 (5/95)
deposit and/or the bond. The deposit or its
balance to be refunded when the Board of
County Commissioners certifies to the
treasurer that no damage has been done and
that the county did not incur additional
expenses due to such licensed event or that
the cost has been paid by the permittee.
4. The indemnity bond shall be in such
form and with such sureties as approved by
the Board of Commissioners. The Board of
Commissioners may waive the requirement of
the performance bond upon other satisfactory
assurance of performance.
B. Insurance. The permit applicants shall
be required to furnish evidence of liability
insurance providing for a minimum of
$100,000.00 bodily injury coverage per person,
$300,000.00 bodily injury insurance per
occurrence and $100,000.00 property damage
coverage, naming the county as an additional
insured. Such liability insurance shall apply
to, and provide coverage for, any and all
claims for bodily injury and property damage
arising from or caused by the entertainment
assembly of which the permit is granted. In
the event that all participants in any racing
event, in the judgment of the Board of
Commissioners, have adequate liability
insurance, this requirement may be waived.
C. Waiver Conditions. The Board of
County Commissioners may waive all or part
of the bond of indemnity and/or the
requirement of liability insurance upon a
showing by the applicant of good cause to
reduce or waive the bond and/or insurance.
(Ord. 95-032 § 1, 1995; Ord. 86.071 § 2, 1986;
Ord. CG -3 (9/16/70) § 5, 1970)
8.16. [060] 070 Permit -Application -
Approval.
A. Within 10 days after the application for
the permit is made, the applicant must obtain
written approval and assurance from each of
the various appropriate agencies or
departments that satisfactory arrangements
have been made by the applicant to comply
with all of the conditions hereinafter
enumerated. No permit shall be issued unless
the appropriate agen sv deX ' s have
approved as to each condition.
B. 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 10 or more days before
the event for which an application is
submitted and shall be subject to inspection by
the approving agencies or departments.
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.
C. The approval shall be on forms provided
and shall be filed with the County Clerk.
(Ord. 95-032 § 1, 1995; Ord. CG -3 (9/16/70) §
4 (part), 1970)
8.16.[070]080 Permit -Issuance condition
one -Sanitary facilities.
A. The health department shall have the
responsibility for approving all sanitation and
related facilities to ensure that reasonable
minimum standards have been or will be met
by the applicant, in accordance with the
procedures outlined in this chapter. The
applicant must provide the health department
with a sketch, and other detailed information
showing the type, number and location of all
toilets, washing facilities, water supply, food
preparation, food service facilities and solid
waste collection locations.
B. Health department approval is based
upon, but not limited to, the following
minimum guideline requirements:
1. Toilets. A contractual agreement, with
a reliable firm, shall accompany any
application with provisions for providing
chemical toilets and the sanitary maintenance
of these toilets, on a continual basis, if
necessary, based upon the ratio of: (a) one
toilet for each 100 persons of each sex; and
(b) one urinal for each 100 male persons.
Such facilities shall be conveniently located
8.16 3 (5/95)
and indicated on the sketch plan.
2. Handwashing Facilities. In the absence
of running water and normal handwashing
facilities, prepackaged sanitary wet towels,
provided in adequate numbers and
conveniently located, may be substituted.
3. Water. An adequate supply of
bacteriologically safe drinking water shall be
provided in a convenient location with
adequate sanitary dispensing equipment
(paper cups, fountains, etc.).
4. Waste Collection and Removal. A
contractual agreement with the area's
franchised collector providing for an adequate
number of containers, routine collection,
including litter, and removal to an authorized
disposal site shall accompany the application.
5. Food Service Facilities. Food service
facilities shall comply with the State Board of
Health regulations that pertain to the
operation of temporary restaurants should
such operation not exceed 30 days.
C. Such approval by the health department
shall indicate the number, type and location,
when appropriate, of the various facilities.
Approval shall include a description of the
specific type of food preparation and food
service facilities to be provided. (Ord. 95-032
§ 1, 1995; Ord. CG -3 (9/16/70) § 4(a), 1970)
8.16.[080]090 Permit -Issuance condition
two -Fire protection
standards.
No permit shall be granted under this
chapter unless the applicant has shown that
the appropriate fire protection district officer
has approved the type, size, number and
location of fire protection devices and
equipment available at, in or near any
location, including outdoor sites, buildings,
tents, stadium or enclosure, 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 under
this chapter. If the site for which the permit
is applied for is located outside a fire
prevention district, the applicant must show
approval from the office of the State Fire
Marshal. (Ord. 95-032 § 1, 1995; Ord. CG -3
(9/16/70) § 4(b), 1970)
8.16.[090]100 Permit -Issuance condition
three -Medical service.
The health department shall have
responsibility for approving plans as to
medical service required for the entertainment
assembly. Each entertainment assembly shall
have as a minimum one ambulance and a first
aid station staffed by two adult individuals
trained in first aid techniques. (Ord. 95-032 §
1, 1995; Ord. CG -3 (9/16/70) § 4(c), 1970)
8.16.[100]110 Permit -Issuance condition
four -Public safety.
A. The applicant must submit his plans for
public safety at the entertainment assembly to
the sheriff for his approval.
1. Adequate traffic -control and crowd -
protection policing must have been contracted
for or otherwise provided by the applicant.
There shall be provided one traffic -control
person for each 250 persons expected or
reasonably expected to be in attendance at any
time during the event. Further, there shall be
provided one crowd -control person for each
100 persons, expected or reasonably expected
to be in attendance at any time during the
event.
2. The applicant shall submit the names
and necessary background information, on
forms provided by the sheriff, for all traffic -
control and crowd -control personnel to be
utilized during the entertainment assembly for
investigation by the sheriff as to fitness. All
such personnel must meet the following
minimum standards in order to be approved
as suitable by the sheriff.
a. Be 21 through 65 years of age;
b. Be in good physical health;
c. Never have been convicted of a felony
or misdemeanor involving moral turpitude;
d. Either have received reasonable
minimum training in law enforcement or have
on-the-job experience in law enforcement.
B. All of the policing personnel must wear
8.16 4 (5/95)
an appropriate identifying uniform and must
be on duty during the entire entertainment
assembly unless a relief schedule has been
planned and approved. A relief schedule will
be approved by the sheriff only when
sufficient policing strength on duty has been
maintained to meet the minimum strength
standards set forth in this section.
C. It shall be the duty of the policing
personnel to report any violations of the law
to the sheriff, his deputies or representatives
and to take whatever action as can be
reasonably expected of them to enforce the
law. (Ord. 95-032 § 1, 1995; Ord. CG -3
(9/16/70) § 4(d), 1970)
8.16. [110] 120 Permit -Issuance condition five -
Parking facilities.
The applicant shall provide the sheriff with
a scale drawing showing adequate parking
facilities have been made available within or
adjacent to the location for which the permit
is requested. Such parking facilities shall
provide parking space for one vehicle for
every four persons expected or reasonably to
be expected to attend such event. 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. Should buses be used to transport the
public to the event, it shall be shown that
public parking or parking as described in this
section is available at any site from which
buses are scheduled to pick up persons to
transport them to the event. (Ord. 95-032 § 1,
1995; Ord. CG -3 (9/16/70) § 4(e), 1970)
8.16. [120] 130 Permit -Posting.
Any permit issued as provided in this
chapter shall be kept posted in a conspicuous
place upon the premises of such assembly. No
permit shall be transferable or assignable
without the consent of the Board of County
Commissioners. No rebate or refund of
money paid for a permit shall be made. (Ord.
95-032 § 1, 1995; Ord. CG -3 (9/16/70) § 3
(part), 1970)
8.16. [130] 140 Inspection of premises.
No application shall be granted under this
chapter unless the applicant shall in writing
upon the application for such permit consent
to allow law enforcement, public health and
fire control officers to come upon the
premises for which the permit has been
granted for the purpose of inspection and
enforcement of the terms and conditions of
the permit and this chapter, and any other
applicable laws or ordinances. (Ord. 95-032 §
1, 1995; Ord. CG -3 (9/16/70) § 6, 1970)
8.16.[140]150 Restricted hours of
operation.
No entertainment assembly shall be
conducted in the unincorporated areas of the
county within 1,000 feet of any residence
between the hours of 12:01 a.m. and 9:00 a.m.
and in all other areas between the hours of
2:00 a.m. and 9:00 a.m. (Ord. 95-032 § 1,
1995; Ord. CG -3 (9/16/70) § 7, 1970)
8.16. [150] 160 Operator responsible for
preserving order.
It is the intention of this chapter to put the
burden of preserving order upon the operator
of the entertainment assembly, and if any
entertainment assembly in the county is not
being operated in accordance with the rules
and regulations prescribed in this chapter and
set forth in the state laws, the permittee shall
be subject to revocation of his permit, and the
permittee or other individuals responsible
subject to such other punishment as the law
and this chapter provide. (Ord. 95-032 § 1,
1995; Ord. CG -3 (9/16/70) § 11, 1970)
8.16. [160] 170 Crowd limitation.
A. If at any time during such entertainment
assembly the size of the crowd exceeds by 10
percent or more the number of persons
expected to be in attendance, the sheriff, or
any of his deputies, shall require the permittee
or sponsor to limit further admissions until
sanitation, parking, fire, health, medical,
traffic and crowd control requirements have
been brought into conformity with the
8.16 5 (5/95)
standards in this chapter and that additional
deposit has been made.
B. All entertainment assemblies operating
without a permit under the terms of this
chapter due to the fact that less than 2,250
persons were reasonably anticipated to attend
shall limit attendance therein to 2,250 persons
and shall procure a permit as this chapter
provides for. (Ord. 95-032 § 1,1995; Ord. CG -
3 (9/16/70) § 10, 1970)
8.16. [170] 180 Intoxicating liquor prohibited.
No firm, person, society, association or
corporation conducting an entertainment
assembly, nor any person having charge or
control thereof at any time when an
entertainment assembly is being conducted
shall permit any person to bring into such
entertainment assembly, or upon the premises
thereof, any intoxicating liquor, nor permit
intoxicating liquor to be consumed on the
premises, and no person during such time
shall take or carry onto such premises or drink
thereon intoxicating liquor. In accordance
with Oregon Revised Statutes 670.220(5)(a),
this provision shall not apply to the sale and
consumption of intoxicating liquor from a
facility located on the premises of an
entertainment assembly when licensed by the
state. (Ord. 95-032 § 1, 1995; Ord. CG -3
(9/16/70) § 8, 1970)
8.16.[180]190 Narcotic and dangerous
drugs prohibited.
No firm, person, society, association or
corporation conducting an entertainment
assembly, nor any person having charge or
control thereof at any time when an
entertainment assembly is being conducted
shall permit any person to bring into such
entertainment assembly, or upon the premises
thereof, any narcotic or dangerous drug, nor
permit narcotic or dangerous drugs to be used
on the premises. (Ord. 95-032 § 1, 1995; Ord.
CG -3 (9/16/70) § 9, 1970)
8.16. [190] 200 Compliance required.
Compliance with the terms and conditions
0111,_0 U40
of this chapter shall constitute minimum
health, sanitation and safety provisions; and
failure to comply with the terms and
conditions of this chapter or state laws shall
constitute a public nuisance and shall be
subject to all criminal, civil and equitable
remedies as such. (Ord. 95-032 § 1,1995; Ord.
CG -3 (9/16/70) § 12, 1970)
8.16. [200] 210 Review of board's action.
All decisions of the Board of County
Commissioners under this chapter shall be
reviewable by the Circuit Court of the state
for the county only by writ of review under
the provisions of Oregon Revised Statutes
34.010. (Ord. 95-032 § 1, 1995; Ord. CG -3
(9/16/70) § 15, 1970)
8.16. [210] 220 Violation -Penalty.
Any person who violates or fails to comply
with any provisions of this chapter, or who,
having obtained a permit under this chapter,
willfully fails to continue to comply with the
terms and conditions thereunder, or who
counsels, aids or abets such a violation or
failure to comply commits a Class A
infraction, and shall be punished, upon
conviction, by a fine of not more than $500.00.
A failure from day to day to comply with this
chapter shall be a separate offense for each
such day, and shall be punishable as a
continuing infraction under chapter 1.16 of
this code. (Ord. 95-032 § 1, 1995; Ord. 86-026
§ 1, 1986; Ord. CG -3 (9/16/70) § 13, 1970)
8.16 6 (5/95)
0 V4�
014
Chapter 8.20 infraction. (Ord. 84-027 § 3,1984; Ord. 84-009
§ 3, 1984)
OPEN BURNING
Sections:
8.20.010
Open burning prohibited when.
8.20.020
Burning permits -Conditions.
8.20.030
Violation -Penalty.
8.20.010 Open burning prohibited when.
No person, outside the boundaries of a rural
fire protection district or a forest protection
district, shall cause or permit to be initiated or
maintained on his own property, or cause to
be initiated or maintained on the property of
another any open burning of commercial
waste, demolition material, domestic waste,
industrial waste, land clearing debris or field
burning from July 1st through November 1st
of each year unless weather conditions require
earlier termination of burning, or permit
earlier resumption of burning, as determined
by the county fire defense board. (Ord. 88-013
§ 1, 1988; Ord. 84-027 § 1, 1984; Ord. 84-009
§ 1, 1984)
8.20.020 Burning permits -Conditions.
Notwithstanding section 8.20.010 of this
chapter, burning permits may be issued by the
county commissioners, or their designees, if all
three of the following conditions are met:
A. Evidence is presented that the material
must be disposed of prior to November 1st,
and that no satisfactory alternative to burning
is available;
B. Appropriate fire -control measures are
provided by the permittee as specified by the
burning permit to prevent unwanted spread of
the fire;
C. The appropriate permit is obtained from
the State Department of Environmental
Quality, if under their jurisdiction. (Ord.
84.027 § 2, 1984; Ord. 84.009 § 2, 1984)
8.20.030 Violation -Penalty.
Violation of this chapter is a Class A
8.20 1 (5/95)