14-159-Ordinance No. CG 3 Recorded 9/16/19701 . PAGE5
BEFORE THE BOARD OF COUNTY COMMISSIONERS
FOR DESCHUTES COUNTY OREGON
In the matter of an ordinance relating )
to regulating and licensing entertainment )
assemblies; establishi'ng licensing procedures; )
prescribing offenses and penalties; and )
declaring an emergency. )
ORDINANCE NO. CG -3
WHEREAS, the Board of County Commissioners finds and declares
that it is necessary for the protection of,the health, welfare, safety
and morals of the general public to regulate and license by ordinance
large assemblies of the public gathered for musical assemblies, auto-
mobile racing, horse racing, dog racing, motorcycle racing, other
racing events and other entertainment businesses to ensure that proper
sanitary, police, health, and safety measures are taken to adequately
protect the people attending or taking part in the gathering as well
as other members of the general public; and
WHEREAS, ORS 670.210-.240 authorizes the regulation by counties
of said musical assemblies ,'racing eYents and other entertainment bus-
iness when desirable for the protection of the public health, welfare,
safety and morals; NOW, THEREFORE,
IT IS HEREBY ORDAINED BY THE DESCHUTES COUNTY BOARD OF COMMIS-
SIONERS as follows:
SECTION 1. DEFINITIONS
a. Entertainment Assembly - Shallinclude all assemblies of
the public gathered either indoors or outdoors for musical festivals,
concerts, and other musical entertainment; automobile racing motor-
cycle racing; horse racing;'dog racing; bo -at racing; other racing
events; and for other entertainment purposes.
b. Sheriff - Shall mean and refer to the Deschutes County
Sheriff, his duly authorized deputies and representatives.
c. Health Department Shall mean and refer to the Deschutes
County Health Department and employeesandrepresentatives thereof.
SECTION 2. BASIC CLAUSE
It shall be unlawful for any person, persons, corporation,
organization, landowner, or lessor to allow, promote, conduct, permit
or cause to be advertised, an entertainment assembly when said 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 ad-
mission, unless a valid county permit has been obtained for the -opera-
tion of said 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 twelve month- period, one
permit may be issued for the entire period,.provided all terms and
conditions of this ordinance are met on each.occasion. Criminal or
civil liability for failure to comply with the provisions of this
ordinance shall rest in all persons, corporations, organizations, land-
owners or lessors who are responsible for obtaining permits under this
provision.
SECTION 3. PERMIT REQUIRED FEE
No entertainment assembly shall be held in Deschutes County
Ordinance, Page 1
VQLI 1 SGL 161
outside the limits of incorporated cities and towns unless,the person,
persons, or corporation sponsoring said entertainment assembly shall
first obtain a permit as hereinafter provided, and shall comply with
all regulations herein provided. The, fee for said 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:
a. 2,250 to 5,000 persons reasonably anticipated to ,,
attend - $1,000.00.
b. 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.
Written application for each entertainment assembly permit
shall be made to the Board of County Commissioners for Deschutes County,
Oregon, thirty (30) or more days prior -to the first day upon which
such entertainment assembly is to be or maybe held by filing the
same with the Deschutes County Clerk, and shall be accompanied by a
deposit of the fee herein required. It shall be signed by the person
or persons organizing and 'sponsoring said assembly and verified upon
oath. Each application shall state the location to be utilized for
said assembly, and shall also include an agreement that the applicant
or applicants will abide by all rules and regulations of this ordinance
and other regulations and laws for the protection of the health, morals
and safety of the persons employed therein, and for the patrons or
participants thereof, and for the public. Each application shall be
accompanied by the fingerprints and a three-inch by five -inch photo-
graph of each and every organizer, promoter and sponsor of said assembly.
Said fingerprints and photographs may be taken by the Sheriff at the
request of the applicant.
Any permit issued as herein provided shall be kept posted in
a conspicuous place upon the premises of said 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. -
SECTION 4. APPLICATION PROCEDURE - APPROVAL
Within ten (10) days after the application for said permit is
made, the applicant must obtain written approval and assurance from
each of the various appropriate agencies or departments that satis-
factory arrangements have been made by the applicant to comply with all
of the conditions hereinafter enumerated. No permit shall be Issued
unless the appropriate agencies or departments have approved as to
each condition.
When any type of physical facility is required or subject to
approval hereunder, preliminary approval may be granted based upon
specific plans proposed and submitted by the applicant. All such fac-
ilities shall be in exi-stence ten (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.
Said approval shall be on forms provided and shall be fl•led
with the County Clerk.
a. Condition #1 - Sanitary Facilities
The Health Department shall have the responsibility for approv-
ing all sanitation and related :facilities to ensure that reasonable
minimum standards have been or will be met by the applicant, in accord-
ance with the procedures outlined below. The applicant must provide
Ordinance, Page 2
VOL
the Health Department with a sketch and other detailed information
showing the type, number and location of all-'toilet`s, washing facili-
ties, water supply, food preparation, food service facilities and
solid wastecollection locations.
Health Department approval is based upon, but not limited to,
the following minimum guideline requirements:
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, (b) one urinal for each 100 male persons. Such
facilities shall be conveniently located and indicated on the sketch
plan.
Hand washing facilities: In the absence of running water and
normal hand washing facilities, pre-packaged sanitary wet towels pro-
vided in adequate numbers and conveniently located_, may be substituted,
Water: An adequate supply of bacteriologically safe drinking
water shall be provided in a convenient location with adequate sanitary
dispensing equipment (paper cups, fountains, and etc.)
Waste collection and removal: A contractual agreement with the
area's franchised collector providing for an adequate number of contain-
ers, routine collection (including litter) and removal to an authorized
disposal site shall accompany,the application.
Food service facilities: These facilities shall comply with
the Oregon State Board of Health regulations that pertain to the opera-
tion of "Temporary Restaurants" should such operation not exceed 30
days.
Said 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 pre-
paration and food service facilities to be provided.
b. Condition #2 - Fire Protection Standards
No permit shall be granted hereunder unless the 'applicant has
shown that the appropriate Fi-re Protection District Officer has ap prov
ed the type, size, number, and location of fire protection devices and
equipment available at, in or near any location (including outdoor sites,
buildin s, tents, 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. If the�site for which the permit is applied for
is located outside a Fire Protection District, the applicant must.show
approval from the office of the State Fire Marshall.
c. Condi:ti;on #3 - Medical Se'r'vices
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.
d. Condition #4 - Public`Safety
The applicant must submit his plans for public safety at the
entertainment assembly to the Sheriff for his approval.
Ordinance, Page 3
(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 inattendanceat any time during the event.
(2) The applicant shall submit the names and necessary back-
ground information, on forms provided by the Sheriff, for all traffic
control and crowd control personnel to be utilized during the enter-
tainment 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
involving moral turpitude,
(d) Either have received reasonable
enforcement or have on the job
ment.
felony or misdemeanor
minimum training in law
experience in law enforce -
All of said policing personnel must wear an appropriate identi-
fying uniform and must be on duty during the entire entertainment ass-
embly 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 above described mini-
mum strength standards.
It shall be the duty of said 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.
e. Condition #5 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
said 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 busses be used to transport the
public to said event, it shall be shown that public parking or parking
as described above is available at any site from which busses are
scheduled to pick up persons to transport them to said event.
SECTION 5. BONDOFINDEMNITY AND INSURANCE
a. Bond of Indemnity
No permit shall be issued hereunder unless the applicant has
on deposit with the Deschutes 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, empl-
oyees, participants in or patrons'of such entertainment assembly and
to be used, if necessary, to restore the grounds where such entertain-
ment 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.
Ordinance, Page 4
VOL illud
(1) $1.0,0.0.0.00 when attendance of 2,500 to 5,000 persons is
reasonably anticipated.
(2) $25,000.00 when attendance over 5,000 persons is reason-
ably anticipated.
When a dispute arises between the parties as to the number of
persons anticipated to attend, the decision of the Board of Commissioners
thereonestablishingthe amount of bond required and the permit fee shall
be final and controlling.
Provided further, that 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
deposit and/or the bond.The deposit or its balance to be returned
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 said licensed event or that the cost of the above has
been paid by the permittee.
The indemnity bond shall be in such form and with such sureties
as approved by the Board of Commissioners. The BoardofCommissioner's
may waive the requirement of the performance bond upon other satisfact-
ory 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 Deschutes
County as an additional insured. Said 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
for 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.
SECTION 6. INSPECTION
No application shall be granted hereunder 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 ordinance, and any other applicable laws or ordinances.
SECTION 7. HOURS OF OPERATION
No 'entertainment assembly shall be conducted in the unincorporated
areas of Deschutes County within 1,000 feetof 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.
SECTION 8. INTOXICATING LIQUOR PROHIBITED
No firm, person, society, association or corporation conducting
an entertainment assembly, nor any person having charge or control there-
of at any time when an entertainment assembly is being conducted shall
permit any person to bring into said entertainment assembly, or upon the
premises thereof, any intoxicating liquor, nor permit intoxicating liquor
to be consumed on the premises, and no person during said time shall take
or carry onto said premises or drink thereon intoxicating liquor. In
accordance with ORS 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
of Oregon.
Ordinance, Page 5
A
SECTION. 9. 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 whe-n an ente.rtai.nment assembly is being ,conducted
sha.li permit any person to bring into said entertainment assembly, or
upon the premises thereof, any narcoflc or dangerous drug, nor permit
narcotic or dangerous drugs to be used, on the premises.
SECTION 10. CROWD LIMITATION
If at any time during said 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 standards herein and that
additional deposit has been made.
All entertainment assemblies operating without a permit under
the terms of this ordinance due to the fact that less that 2,250
persons were reasonably"anticipated to attend shall limit attendance
therein to 2,250 persontiand shall procure a permit as ordinance
provides for.
SECTION 11. DUTY OF PRESERVING ORDER PLACED ON OPERATOR
It is the intention of this ordinance to put the burden of
preserving order upon the operator of the entertainment assembly, and
if any entertainment assembly in Deschutes County is not being operated
in accordance with the rules and regulations prescribed in this ordin-
ance 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 ord-
inance provides.
SECTION 12. COMPLIANCE
Compliance with the terms and conditions of this ordinance shall
constitute minimum health, sanitation and safety provisions; and failure
to comply with the terms and conditions of this ordinance or state laws
shall constitute a public nuisance and 'sha.11 be subject to all criminal,
civil and equitable remedies as such.
SECTION 13. PENALTIES
Any „person who shall violate or fail to comply with a'ny pro-
visions of this ordinance, or, who, having obtained a permit hereunder,
willfully failed to continue to comply wt.th the terms and conditions
thereunder, or who shall counsel, aid or abet such a violation or fail-
ure to comply shall be deemed guilty of a misdemeanor and shall be pun-
ished, upon conviction, by imprisonment for not more than thirty (30)
days or by a fine of not more than $1,000.00 or both. A failure from
day to day to comply' -with :,this ordinance "'sha l I be a separate offense
for each such day.
SECTION 14. EXCLUSION
This ordinance 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.
SECTI:-ON 15. REVIEW OF BOARDS ACTION
All decisions of the Board of 'County Commissioners under this
ordinance shall be reviewable by the Circuit Court of the State of
Oregon for the County of Deschutes only by writ of review under the
Ordinance, Page 6
■
provisions of ORS 34.010.
SECTION 16. SEVERABILITY
If any provision of this ordinance, or its application to any
person or circumstances is held invalid, the remainder of this ordinance
or the application of the provision to other persons or circumstances
is not affected.
SECTION 17. EMERGENCY CLAUSE qND EFFECTIVE DATE
This ordinance being necessary for the immediate preservation
and protection of the public peace, health, welfare, safety and morals,
an emergency is hereby declared to exist, and this ordinance shall take
effect upon its passage, or as soon as thereafter as.permitted by law,
and in no event, later than thirty (30) days after its enactment.
ENACTED at Bend, Oregon,this 11 day of September, 1970.
BOARD OF COUNTY COMMISSIONERS
FOR DESCHUTES COUNTY, OREGON
Notice of Public Hearing published on September 4, 1970 and
September 5, 1970
Public Hearing held on September 1801970
Ordinance, Page 7