2005-103-Ordinance No. 2005-003 Recorded 2/9/2005REVIEWED
LEGAL OUNSEL
RE I WED
CODE REVIEW COMMITTEE
NCCOUNTY OFFICIAL RECORDS
Ind �QO�•1Q3
NANANCYY BLL BLANKENSHIP, COUNTY CLERK
COMMISSIONERS' JOURNAL
0
2
/09/2005 03:10:08 PM
111111titil IIIII II IIIIIIIIIII
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Chapter 8.16 of the
Deschutes County Code Defining Outdoor Mass ORDINANCE NO. 2005-003
Gatherings.
WHEREAS, ORS 197.015(10(d) exempts Outdoor Mass Gatherings defined under ORS
433.735 and Outdoor Mass Gatherings consisting of fewer than 3,000 persons and fewer than 120
hours in any three month period from being a land use decision; and
WHEREAS, pursuant to ORS 433.735, the County may define "Outdoor Mass Gathering" by
ordinance; and
WHEREAS, the current provisions in Deschutes County Code ("DCC") 8.16 need to be
updated to reflect current state statutes and case law; and
WHEREAS, notice of the initial hearing for this ordinance was sent to the Oregon Department
of Land Conservation and Development on April 26, 2004; and
WHEREAS, the Deschutes County Planning Commission ("Planning Commission") and Board
of County Commissioners held a duly noticed public hearing on June 24, 2004, and
WHEREAS, the Planning Commission recommended approval of the proposed text
amendments; now therefore,
PAGE 1 OF 2 - ORDINANCE NO. 2005-003 ( 01/26/05)
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. AMENDMENT. Deschutes County Code Chapter 8.16, Entertainment Assemblies,
is amended to read as described in Exhibit 'A" attached hereto and by this reference incorporated
herein, with new language underlined and language to be deleted in str+kethFeugh.
APPROVED this 211±day of 2005 for the Deschutes County Board of
Commissioners.
BOARD OF COUNTY COMMIIONERS
OF DESCHUTEaCOUNTY, OREGON
TOM
DENNIS R. LUKE,
Date of 1s` Reading:�Jday of i.UG(,�1,� , 2005.
Date of 2"d Reading: day of _ , 2005.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Tom DeWolf r/
Michael M. Daly
Dennis R. Luke
Effective date:'21, 2005.
ATTEST:
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2005-003 ( 01/26/05)
Chapter 8.16. ENTERTAUNMENT
OUTDOOR MASS GATHERINGS
8.16.010. Definitions.
8.16.015. Definition Enter-tainme
8.16.020.
8.16.020.
8.16.5.
assembly .
De -fin -it -ion- Realth DepaAment.
Definition — Board.
8.16.030.
Definition SWAM.
Definition — Department.
8.16.040.
Definition zeeDirector.
8.16.050.
Definition Pe ----n-tent
,StFuetv-FeExtended Outdoor Mass
Gathering.
8.16.060.
Definition —Temper -a",
:r-e:Hearings Body.
8.16.070.
Definition —Organizer.
8.16.080.
Definition—DiFeetor- Outdoor
Mass Gathering:
8.16.034090. PeFfflit ReqpdDefinition—
Permanent Structure.
8.16.040100.
Req*iFed.Definition—Temporary
Structure.
8.16.050110.
Permit -Required.
8.16.060120. Permit Bond and
','~:Hearing Required.
8.16.078130.
lasufa*ftAppeals.
8.16.080140. Permit Issu.,nee , ndition.
Notice.:
8.16.090150.
two Fire pr-eteetion
standar-dsGeneral Approval
Criteria.
8.16.404160.
thFee ""thea Sei- *eInsurance.
8.16.4170.
anitary
Facilities.
8.16.440180. Permit ,..s....nee , nditi n
five -Par- ing F eili4iesFire
Protection Standards.
8.16.438190. Permit PostingMedical
Services.
8.16.440200. Public
Safety.
8.16.4-50210.
OPer-atie Permit -Issuance
Condition Five -Parking Facilities.
8.16.460220.
R n,.deFPermit-Posting.
8.16.478230. Crowd LimitationInspection
of Premises.
8.16.484240.
PFohibiteRestricted Hours of
Operation.
8.16.4250.
Deugs Pr-ohibitedOrganizer
Responsible for Preserving Order.
8.16.288260. Complionee-
Reg62Enforcement.
8.16.2x8270. Re Ae W „r R0 ft d'S
AetieaIntoxicating Liquor
Prohibited.
8.16.224280. Narcotic and
Dangerous Drugs Prohibited.
8.16.290. Compliance Required.
8.16.300. Review of Board's Action.
8.16.310. Violation.
8.16.010. Definitions.
For the purposes of DCC 8.16, unless otherwise
apparent from the context, certain words and
phrases used in DCC 8.16 are defined as set forth
in DCC 8.16.015 through DCC 8.16.42-5080.
(Ord. 95-032 § 1, 1995; Ord. CG -3 (9/16/70) § 1,
1970)
8.16.020 Definition -Board.
"Board" means, for purposes of this chapter, the
Board of County Commissioners.
(Ord. 2005-003 § 1, 2005)
8.16.030. Definition- Department.
"Department" means, for purposes of this chapter,
the Community Development Department.
(Ord. 2005-003 §1, 2005)
Page 1 of 11 — EXHIBIT "A" TO ORDINANCE NO. 2005-003 (01/26/2005)
8.16. 040. Definition -Director.
"Director" means, for purposes of this chapter,
the Deschutes County Community Development
Director, or his or her duly authorized deputies
and representatives.
(Ord. 2005-003 §1, 2005)
8.16.050 Definition -Extended Outdoor
Mass Gathering.
"Extended Outdoor Mass Gathering" means and
includes an assembly of persons which is held
primarily in open spaces and/or one or more
temporary structures, but not in any permanent
structure, for which the actual number is or
reasonably anticipated to be 3000 persons or
more or more than 500 persons for a period that
continues or can reasonably be for more than 240
hours within any continuous three-month period.
(Ord. 2005-003 §1, 2005)
8.16.060 Hearings Body.
"Hearings Body" means the Board for Outdoor
Mass Gatherings and the County Planning
Commission for Extended Outdoor Mass
Gatherings. In the event of an appeal of a
decision of the County Planning Commission, the
Board shall be the Hearings Body.
8.16.070. Definition -Organizer.
"Organizer" includes any person who conducts,
stages or is the sponsor of an 9MGOutdoor Mass
Gathering or Extended Mass Gathering, and the
owner, lessee or possessor of the real property
upon which the 9MCOutdoor Mass Gathering or
Extended Mass Gathering is to take place.
(Ord. 2005-003 §1, 2005)
8.16.080. Definition- Outdoor Mass
Gathering.
"Outdoor Mass Gathering" means and includes an
assembly of persons whose actual number is or
reasonably anticipated to be less than 3000
persons but more than 500 persons for a period
that continues or can reasonably be expected to
continue for more than 4 but less than 240 hours
within any continuous three-month period and
which is held primarily in open spaces and/or one
or more temporary structures, but not in any
permanent structure.
(Ord. 2005-003 §l, 2005)
8.16.090 Definition -Permanent Structure.
"Permanent structure" includes a stadium, an
arena, an auditorium, a coliseum, a fairground or
other similar established places for assemblies.
(Ord. 2005-003 §1, 2005)
8.16.100 Definition -Temporary Structure.
Temporary structure" includes tents, trailers,
chemical toilet facilities and other non -permanent
structures customarily erected or sited for
temporary use.
(Ord. 2005-003 §l, 2005)
8.16.9M110. Permit -Required.
�.
alle`� pr-emet
,
eeRduet, peitmit
to be
adyei4isea
entef4aif....ent
e fnbly
when the.
landowner-
lesser-
1
has
,
to
believe that
s e.L
assembly
ill attf.e«
8.16.9M110. Permit -Required.
Page 2 of 11 — EXHIBIT "A" TO ORDINANCE NO. 2005-003 (01/26/2005)
alle`� pr-emet
,
eeRduet, peitmit
to be
adyei4isea
entef4aif....ent
e fnbly
when the.
landowner-
lesser-
believe
has
,
to
believe that
s e.L
assembly
ill attf.e«
2,500 e
iner-e—persens,
whether- of
}3et
a ehafge
or -
Page 2 of 11 — EXHIBIT "A" TO ORDINANCE NO. 2005-003 (01/26/2005)
obtaining pemaits wider- WC; 8.16
A. DCC Chapter 8.16 shall not apply to any
regularly organized and supervised school
district activity or program that takes place on
school property, nor to any activities at the
Deschutes County Fairgrounds, or to any
activity of a municipal corporation or
government agency.
B. No Organizer shall hold, conduct, advertise
or otherwise promote an Outdoor Mass
Gathering or Extended Outdoor Mass
Gathering or allow an Outdoor Mass
Gathering or Extended Outdoor Mass
Gathering to be held on real property the
Organizer owns, leases or possesses outside
the limits of any city unless the Organizer
obtains a permit to hold such an Outdoor
Mass Gathering or Extended Mass Gathering.
C. No permit shall be issued unless the
landowner of the property that is the site of
the Outdoor Mass Gathering or Extended
Outdoor Mass Gathering also signs the
application.
D. All Outdoor Mass Gatherings as defined in
DCC 8.16.080 are exempt from the
requirements of Deschutes County Code
Titles 17 through 23, except where noted.
E. One permit shall be required for each
Outdoor Mass Gathering or Extended Mass
Gathering.
F. A permit issued under this section does not
entitle the Organizer to construct any
permanent physical alterations to or on the
real property which is the site of the Outdoor
Mass Gathering or Extended Mass Gathering.
G. The Organizer of a proposed Outdoor Mass
Gathering or Extended Mass Gathering shall
file an application with the Department.
H. The application shall be filed more than 30
days prior to the event and shall include the
following:
1. Name and address of the Organizer.
2. Legal description of the location of the
proposed utdoor Mass
Gathering or Extended Mass Gathering.
3. The date or dates of the proposed
Outdoor Mass Gathering or Extended
Mass Gathering.
4. Estimated attendance at the Outdoor
Mass Gathering or Extended Mass
Gathering.
5. Nature of the proposed Outdoor Mass
Gathering or Extended Mass Gathering.
6. 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.
7. A contact person who shall be easily
identified and who shall remain at the
Outdoor Mass Gathering or Extended
Outdoor Mass Gathering site at all times.
8. Approval by the appropriate Fire District
Officer or State Fire Marshall in
accordance with DCC 8.16.180.
9. A medical services plan demonstrating
compliance with DCC 8.16.190.
10. A public safety plan in accordance with
DCC 8.16.200.
11. A parking plan demonstrating
compliance with DCC 8.16.210.
12. Such other appropriate information as the
Director may require in order to insure
compliance with the provisions of this
chapter, as well as rules of the Oregon
Department of Human Services. If such
additional information is not supplied
within two weeks of the Director's
request, the application shall be deemed
incomplete
Page 3 of 11 — EXHIBIT "A" TO ORDINANCE NO. 2005-003 (01/26/2005)
I. The application shall be accompanied by the
,
appropriate fee pursuant to the County fee
schedule.
a permit as
in DGG 8.16, and shall
J. Incomplete applications shall be denied and
provided
eomply with all regulations pFovided in DGG
the application fee, less County costs, shall be
8.16. The fee €er sueh peF t to eOVe the
returned to the permit applicant.
K. The Board may waive part or all of the
administeFing the Sftffle PAOF tO the event
permit fee upon a showing by the Organizer
shall he in aeeor-danee with the following
of good cause to reduce or waive the fee.
s
(Ord. 2005-003 §1, 2005; Ord. 95-032 § 1, 1995; 1
Two thotisand two litindr-ed fifty persons
Ord. CG -3 (9/16/70) § 2, 1970)
;
2.
8.16.0120. 'ettsHearing$100.00
Over- 5,000 per -sons r-easonably antieipated to -
Required.1,000
WC 8.16 shall fiet apply to any fegular-ly
or- pr-egfam that takes plaee an sehool pr-epef4y,
peFSORS reasonably
antieipated to attend.
assembly peFmit shall be made to the Board
whieh has been pr-evieusly approved by a
govemmental ageney.
A. No application for an Outdoor Mass
whieh sueh entertainment assembly is to be
or- may be held by filing the some with the
, find shall be neeempanied by -*-
Gathering permit shall be approved without
deposit of the fee requiF ed in HEE 8.16. p-
review by the Board following a public
shall be signed by the per -son or- pe
hearing.
. . ng and sponsoring the assembly and
B. No application for an Extended Outdoor
.
Mass Gathering permit shall be approved
state the l,.ention to be utilized f r s eh
without review by the Planning Commission
assembly, and shall also inehide an agreement
following a public hearing in accordance with
that the applieant oF applieants will abide by
ORS 433.763 et seq.
all rules and Fegidations of DGG 8.16
C. Public hearings shall be set at the discretion
other- regulations and 1wws for- the pr-oteetion
of the Director but, in no case, earlier than 10
of the hefilth, MOFRIS and safety of the per -sons
days from the date of application.
and foF the patrons or -
(Ord. 2005-003 §1, 2005; Ord. 95-032 § 1, 1995;
,
Efkeh
Ord. CG -3 (9/16/70) § 14, 1970)
,
appliention shall be neeempanied by the
8.16.130 Appeals
photograph of eaeh and
When the County Planning Commission is the
promoter- and sponsor of sueh as
Hearings Body, any person who participated in
fingeFpFifitS find photographs ma.
the hearing before the Planning Commission shall
by the Sheriff at the request of the appliennt.
be deemed a party and may appeal the decision to E-
Fee Waiver- !`,.,,.bons. The Board-nmk�-
the Board in accordance with DCC Chapter
. . art or- all of the permit fee upon a
22.32.
showing by the applieant of'good e e to
8.16.0h0140. PeFmit Fee Appliention
aF waive the fee -.-
A. The Director shall send notice of the
Notice.
application to the following officers at least
A. No entet4ainment assembly shall be held
ten calendar days prior to the hearing: County
in the County outside the limits of
Risk Manager, County Sheriff, County
ineor-pomted eities and towns unless the
Environmental Health and the chief of the
Page 4 of 11— EXHIBIT "A" TO ORDINANCE NO. 2005-003 (01/26/2005)
fire district in which the Outdoor Mass
Gathering or Extended Mass Gathering is
proposed.
B. The Director shall publish notice of the
hearing at least 10 calendar days before the
hearing in a newspaper of general circulation
in the County.
(Ord. 2005-003 §1, 2005; Ord. 95-032 § 1, 1995;
Ord. 86.071 § 1, 1986; Ord. CG -3 (9/16/70) § 3
(part), 1970)
8.16.069150. Permit Bond and
general Approval
Criteria
A. The Organizer shall demonstrate that it can
comply with the provisions of this division.
B. An Outdoor Mass Gathering or Extended
Mass Gathering permit shall be approved
upon demonstration by the Organizer of
compliance with or the ability to comply the
provisions of this division hapter, as well as
all health and safety rules governing all
Outdoor Mass Gatherings, Extended or
otherwise, adopted by the Oregon
Department of Human Services.
C. Each public official receiving notice of the
application who wishes to comment on the
application shall submit such comment in
writing to the Hearings Body no later than the
date and time for the hearing. The comment
may include recommendations related to the
official functions of the officer as to granting
the permit and any recommended conditions
that should be imposed. The Hearings Body
shall a6,& --consider the imposition of any
suggested conditions submitted by public
officials who received notice of the proposed
Otttdeer- Mass utdoor Mass
Gathering or Extended Mass Gathering.
D. The Organizer shall provide a contact person
who shall be easily identified and who shall
remain at the Outdoor Mass Gathering or
Extended Outdoor Mass Gathering site at all
times.
E. The Hearings Body may consider and impose
any reasonable condition recommended by a
member of the public, which is submitted at
or prior to the public hearing.
Page 5 of 11 — EXHIBIT "A" TO ORDINANCE NO. 2005-003 (01/26/2005)
.�
I..
ATA.
Page 5 of 11 — EXHIBIT "A" TO ORDINANCE NO. 2005-003 (01/26/2005)
dafflage e „, iiaming the Gewity as an
shall apply te, and pfavide eaeN,er-age &r-, any
ed. in the evef4 thM all paftieipafits in
aliy reeing event, in the judgment of the
Bear -d, have adequa4e liability insufanee, this
E. WaiiKer Eenditions. The Board FA
showing by the applieant of geed eause to
(Ord. 2005-003 § 1, 2005; Ord. 95-032 § 1, 1995;
Ord. 86.071 § 2, 1986; Ord. CG -3 (9/16/70) § 5,
1970)
8.16.070160.
.Ins
urance.
A. Within 10 days-a€tethe pp! ieRriemrcv«thne.
b
heA,e been made by the applieafft to eamply
with all of the . „,l:gens here:„..f+.,..
No „ ...,,:t shall be issued , ..loss
the appFopf4ate b
eneies or depEH4fnefits have
and any and all Peffaits gFftwed subjeet to
Q The .. .,1 Shall be OR F ...v... „ ided ..„,l
sh ll be filed With the f`,.,,„ty Gler4.
A. After consultation with the County Risk
Manager, if the Board determines that the
Outdoor Mass Gathering or Extended Mass
Gathering creates a potential for injury to
persons or property, the Board may require
organizers to obtain a commercial general
liability insurance policy in an amount
commensurate with the risk, but not
exceeding $1 million per occurrence.
B. The insurance policy may not be cancelable
and shall provide coverage against liability
for death, injury or disability of any human or
for damage to property arising out of the
Outdoor Mass Gathering or Extended Mass
Gathering.
C. The insurance policy must be an
"occurrence” policy, or its equivalent, that
provides for payment of claims made during
the 180 -day period after the scheduled
termination of the Outdoor Mass Gathering
or Extended Outdoor Mass Gathering.
D. The Organizer shall furnish the Director with
an insurance certificate and a copy of the
insurance policy naming the County as an
additional insured under the policy.
E. The permits for Outdoor Mass Gathering or
Extended Outdoor Mass Gathering shall be
voided by the Director if the Organizer does
not file proof of the non -cancelable insurance
required by this section with the Director at
least fourteen days before the first day of the
event.
(Ord. 2005-003 §1, 2005; Ord. 95-032 § 1, 1995;
Ord. CG -3 (9/16/70) § 4 (part), 1970)
8.16.050170.
one -Sanitary Facilities.
A. The Health Depai4ffwaWounty
Environmental Health Division shall have the
responsibility for approving all sanitation and
related facilities to ensure that reasonable
minimum standards have been or will be met
by theme Organizer, in accordance
with the procedures outlined in DCC 8.16.
Page 6 of 11 — EXHIBIT "A” TO ORDINANCE NO. 2005-003 (01/26/2005)
1.1
C
The applieaat (oust pfevide--theHealth
leeatien e€ all teilets,washing "iti T
Health Pepai4ffieetCounty Environmental
Health Division 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
and indicated on the sketch plan.
2. Hand washing Facilities. In the absence
of running water and normal hand
washing 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.
Such approval by the Health
Bepar4ffeatCounty Environmental Health
Division 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. 2005-003 §1, 2005; Ord. 95-032 § 1, 1995;
Ord. CG -3 (9/16/70) § 4(a), 1970)
8.16.099180. >D,,. mit issu.,.,ee eendition-
two-Fire Protection Standards.
A. No permit shall be granted under DCC 8.16
unless the applieant 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 ,
assex3l}an Outdoor Mass Gathering or
Extended Mass Gathering for which a permit
is required under DCC 8.16.
B. If the site for which the permit is applied for
is located outside a fire prevention district,
the app4em#-Organizer must show approval
from the office of the State Fire Marshal.
(Ord. 2005-003 §1, 2005: Ord. 95-032 § 1, 1995;
Ord. CG -3 (9/16/70) § 4(b), 1970)
8.16.449190.
thTee-Medical Service.
The Health Pepar4wieftCounty Environmental
Health Division shall have responsibility for
approving plans as to medical service required for
the Outdoor Mass
Gathering or Extended Mass Gathering. Each
enteFtainment assembly -Outdoor Mass Gathering
or Extended Mass Gathering shall have as a
minimum one ambulance and a first aid station
staffed by two adult individuals trained in first aid
techniques.
(Ord. 2005-003 §1, 2005: Ord. 95-032 § 1, 1995;
Ord. CG -3 (9/16/70) § 4(c), 1970)
Page 7 of 11 - EXHIBIT "A" TO ORDINANCE N0.2005-003 (01/26/2005)
8.16.440200. Permit -
€o*r—Public Safety.
A. Prior to or on the date of application
submittal, Tthe appk4w.40rganizer must
submit Ws—plans for public safety at the
utdoor Mass
Gathering or Extended Outdoor Mass
Gathering to the Sheriff for his—approval
demonstrating the following:..
1. Adequate traffic -control and
crowd -protection policing must have
been contracted for or otherwise
provided by the appltOrganizer.
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 applieafit Organizer 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 eiiteAainment assembly
Outdoor Mass Gathering or Extended
Mass Gathering 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 an
appropriate identifying uniform and must be
on duty during the entire entei4ainmertt
assefabl}Outdoor Mass Gathering or
Extended Mass Gathering 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 DCC
8.16.11-70.
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. 2005-003 § 1, 2005: Ord. 95-032 § 1, 1995;
Ord. CG -3 (9/16/70) § 4(d), 1970)
8.16.430210. Permit -Issuance condition
five -Parking Facilities.
Prior to or on the date of application Tthe
appliean Organizer 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 DCC 8.16.1-280 is available at any site from
which buses are scheduled to pick up persons to
transport them to the event.
(Ord. 2005-003 §1, 2005; Ord. 95-032 § 1, 1995;
Ord. CG -3 (9/16/70) § 4(e), 1970)
8.16.130220. Permit -Posting.
Any permit issued as provided in DCC 8.16 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. No rebate or refund of money paid for
a permit shall be made.
(Ord. 2005-003 §1, 2005; Ord. 95-032 § 1, 1995;
Ord. CG -3 (9/16/70) § 3 (part), 1970)
8.16.410230. Inspection of Premises.
A. No application shall be granted under DCC
8.16 unless the applieantOrganizer shall, in
Page 8 of 11 — EXHIBIT "A" TO ORDINANCE NO. 2005-003 (01/26/2005)
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 DCC 8.16, and any other
applicable laws or ordinances.
B. If any inspections described in DCC
8.16.230(A) above reveal deficiencies in
compliance with State or local law, the
inspectors may return as often as needed until
the deficiencies are cured. If the deficiencies
are not cured or cannot be cured, the County
Sheriff may terminate the Outdoor Mass
Gathering or Extended Outdoor Mass
Gathering as provided in DCC. 8.16.260.
(Ord. 2005-003 §1, 2005; Ord. 95-032 § 1, 1995;
Ord. CG -3 (9/16/70) § 6, 1970)
8.16.4-50240. Restricted Hours of
Operation.
A. No enteFtaimiient assembly Outdoor Mass
Gathering or Extended Mass Gathering 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.
B. If written consents from neighboring property
owners and residents are submitted with the
application, the Hearings Body may modify
these hours in the permit.-
C.
ermit:C. The use of amplification shall be regulated so
that it will not interfere with the normal use
of any school, church, residence or other
permanent place of human habitation unless
prior written consent is obtained from all
affected persons. A sound level in excess of
70 decibels prior to 10:00 p.m. and in excess
of 50 decibels after 10:00 p.m. (as measured
upon the A scale of a standard sound level
meter on affected property) shall constitute
interference.
(Ord. 2005-003 §1, 2005; Ord. 95-032 § 1, 1995;
Ord. CG -3 (9/16/70) § 7, 1970)
8.16.4{0250. Bpefator-Organizer
Responsible for Preserving Order.
It is the intention of DCC 8.16 to put the burden
of preserving order upon the @per -me Organizer of
the Outdoor Mass
Gathering or Extended Mass Gathering, and if
any enteFtaimiient assembly Outdoor Mass
Gathering or Extended Mass Gathering in the
County is not being operated in accordance with
the rules and regulations prescribed in DCC 8.16
and set forth in the state laws, the
pefm44 Organizer shall be subject to revocation
of lithe permit, and the pe#eeOrganizer or
other individuals responsible subject to such other
punishment as the law and DCC 8.16 provide.
(Ord. 2005-003 §1, 2005; Ord. 95-032 § 1, 1995;
Ord. CG -3 (9/16/70) § 11, 1970)
8.16.4x0260. Crowd
himitatioftEnforcernent.
A. The Organizer shall keep a reasonable count
of persons and vehicles entering and leaving
the Outdoor Mass Gathering or Extended
Outdoor Mass Gathering.
B. If at any time during sueh tei4 :n.. eat
essthe Outdoor Mass Gathering or
Extended Outdoor Mass Gathering held
under a valid permit, the s4e of th
erervdnumber of persons or vehicles
attending the Outdoor Mass Gathering or
Extended Outdoor Mass Gathering exceeds
by 10 percent or more the number of persons
or vehicles estimated in the permit
application, , the
Sheriff, or any of his deputies, shall-requre
the--pefnittee of linait f Fth
admissions until sanitation, par ing, fin -4
health, medieal, tf:affie aiid orewd eefftFel
and OieA additional Elepesit has been has
the authority to require the Organizer to limit
further admissions until a sufficient number
of individuals or vehicles have left the site to
bring the actual attendance down to the
number estimated by the Organizer.
Page 9 of 11 - EXHIBIT "A" TO ORDINANCE NO. 2005-003 (01/26/2005)
C. For any Outdoor Mass Gathering or
Extended Outdoor Mass Gathering held
under a valid permit, the County Sheriff has
the authority to order the crowd to disperse
and leave the Outdoor Mass Gathering or
Extended Outdoor Mass Gathering site if the
Organizer cannot maintain order and
compliance with all applicable State and local
laws or refuses to maintain order and
compliance with State and local laws or
refuses or is unable to adhere to the terms and
conditions of the permit.
D. In addition to State law provisions in ORS
Chapter 433, including ORS 433.990(7), the
County Counsel or District Attorney for
Deschutes County may maintain an action in
any court of general jurisdiction to prevent,
restrain, or enjoin any violation of ORS
433.745. Cases fled in Deschutes County
under this section or under ORS 433.770
shall be given preference on the docket to all
other civil cases except those given equal
preference by statute.
E. If persons remain on the site after the
scheduled end of the permitted Outdoor Mass
Gathering or Extended Mass Gathering, fail
to remove all debris or residue within 72
hours after termination of or fails to remove
all temporary structures within three weeks
the after termination of the Outdoor Mass
Gathering or Extended Outdoor Mass
Gathering, the County code enforcement
officers may issue citations to the landowner,
all persons remaining at the event site, and to
all persons who have left debris behind.
F. In addition to any other remedies provided, if
the Outdoor Mass Gathering or Extended
Outdoor Mass Gathering site is not restored
to its previous condition, or better, the
County may arrange for clean up of the site,
and then file an action for damages against
the Organizer and the landowner or successor
landowner.
G. If any Organizer violates any provisions of
this chapter, the Board may immediately
revoke any permit for an Outdoor Mass
Gathering or Extended Outdoor Mass
Gathering and may seek any legal remedy
available.
(Ord. 2005-003 §1, 2005; Ord. 95-032 § 1, 1995;
Ord. CG -3 (9/16/70) § 10, 1970)
8.16.270. Intoxicating Liquor
Prohibited.
A. No ftrm,per-sen, seeiety, asseo:et-ien —ef
Organizer, landowner nor any
person having charge or control thereof at
any time when an efite4aim:nent assembly
Outdoor Mass Gathering or Extended
Outdoor Mass Gathering is being conducted
shall permit any person to bring into such
—Outdoor Mass
Gathering or Extended Outdoor Mass
Gathering 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.
B. —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
efltei4aipmient assembly —Outdoor Mass
Gathering or Extended Outdoor Mass
Gathering when licensed by the state.
(Ord. 2005-003 §1, 2005; Ord. 95-032 § 1, 1995;
Ord. CG -3 (9/16/70) § 8, 1970)
8.16.419280. Narcotic and Dangerous
Drugs Prohibited.
No firm, person, society, association or
corporation conducting an text
essembly0utdoor Mass Gathering or Extended
Mass Gathering, nor any person having charge or
control thereof at any time when an eatei4aipmien
asseOutdoor Mass Gathering or Extended
Mass Gathering is being conducted shall permit
Page 10 of 11 — EXHIBIT "A" TO ORDINANCE NO. 2005-003 (01/26/2005)
any person to bring into such enter
assembl Outdoor Mass Gathering or Extended
Mass Gathering, or upon the premises thereof,
any narcotic or dangerous drug, nor permit
narcotic or dangerous drugs to be used on the
premises.
(Ord. 2005-003 §1, 2005; Ord. 95-032 § 1, 1995;
Ord. CG -3 (9/16/70) § 9, 1970)
8.16.244290. Compliance Required.
Compliance with the terms and conditions of
DCC 8.16 shall constitute minimum health,
sanitation and safety provisions; and failure to
comply with the terms and conditions of DCC
8.16 or state laws shall constitute a public
nuisance and shall be subject to all criminal, civil
and equitable remedies as such.
(Ord. 2005-003 §1, 2005; Ord. 95-032 § 1, 1995;
Ord. CG -3 (9/16/70) § 12, 1970)
8.16.34.4300. Review of Board's Action.
All decisions of the Board under DCC 8.16 shall
be reviewable by the Circuit Court of the State for
the County only by writ of review under the
provisions of ORS 34.010 to 34.100.
(Ord. 2005-003 §1, 2005; Ord. 95-032 § 1, 1995;
Ord. CG -3 (9/16/70) § 15, 1970)
8.16.234310. Violation.
any provisions of DC=G 8.16, er- whe, having
obtained a pefmit under- DC=C= 8.16, willfully
eenditions ? or- whe ?
aids
...its a flans An f aetie fl, and shall be
punished, Upen
by a fine of net
?
more -than $900.00. A rn:l., 4 ri an.. to.
day e eempljwith DGC; 8.16 s1 all ltea
separate offense &F eaeh sueh day, and shall
be— Punishable —as—a eantinuinR "c netie.,
under BCG1.16.
Violation of DCC 8.16.110(B) or the erection or
construction of a permanent physical alteration to
or on the real property that is the site of the
Outdoor Mass Gathering or Extended Outdoor
Mass Gathering is punishable upon conviction by
a fine of not more than $10,000.
(Ord. 2004-011 § 1, 2004; Ord. 95-032 § 1, 1995;
Ord. 86-026 § 1, 1986; Ord. CG -3 (9/16/70) § 13,
1970)
Page l 1 of 11- EXHIBIT "A" TO ORDINANCE NO. 2005-003 (01/26/2005)