2006-1019-Ordinance No. 2006-020 Recorded 11/21/2006REVIEWED
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LEGAL COUNSEL
REVIE
CODE REVIEW dOVMI
COUNTY OFFICIAL NANCY DESCHUTES
COUNTY CLERKDS w ry
1006.1019
COMMISSIONERS' JOURNAL
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2005 -1030
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Repealing Chapters 8.16 and
10. 16, Parades and Processions of Title 10 of the
Deschutes County Code and Adopting New
Chapter 8.16, Events, Parades, Funeral
Processions and Outdoor Mass Gatherings.
* ORDINANCE NO. 2006-020
*
WHEREAS, Deschutes County Code ( "DCC ") Chapter 8.16, Outdoor Mass Gatherings was adopted by
the Board of County Commissioners ( "Board ") in 2005, and
WHEREAS, the provisions DCC Chapter 10.16, Parades and Processions, were inadvertently excluded
at the time of adoption of DCC Chapter 8.16, and
WHEREAS, DCC Chapter 10.16 has been found insufficient to address the liability, safety and
organizational concerns currently being experienced by the County and public due to the increasing number,
size and types of events and, therefore, should be amended, and;
WHEREAS, County regulations for all outdoor events should be in one chapter to provide clearer public
notice of such regulations, and
WHEREAS, the changes to DCC 8.16 are numerous and justify the repeal of the entire current chapter
and the adoption of a new DCC 8.16; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. REPEAL. DCC Chapters 8.16 and 10.16 are hereby repealed in their entirety.
Section 2. SAVINGS CLAUSE. The repeal of DCC Chapters 8.16 and 10.16 shall not affect events
that have already been granted by the County under those chapters.
PAGE 1 OF 2 - ORDINANCE NO. 2006-020 (09/13/06)
Section 3. ADOPTION. The provisions of DCC Chapter 8.16, attached as Exhibit "A" and
incorporated by reference herein, are hereby enacted and made part of the Deschutes County Code.
DATED this 2U — day of �� f �p�i� /�Q� , 2006.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
�.
D IS R. LUKE, C it (I
BEV CLARNO, Vice Chair
MICHA L M. 6ALY, om7' Toner
Date of 1St Reading: /-Sr day of 2A4&c , 2006.
Date of 2nd Reading: aU day of Wt4d-�, 2006.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Dennis L. Luke ✓
Bev Clarno
Michael M. Daly t/
Effective date: day of
ATTEST:
AN�45X�
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2006-020 (09/13/06)
EXHIBIT A
Chapter 8.16. EVENTS, PARADES,
FUNERAL PROCESSIONS
AND OUTDOOR MASS
GATHERINGS
8.16.010.
Definitions.
8.16.020.
Event Exclusions.
8.16.030.
Event Permit Required.
8.16.040.
Event General Approval Criteria
8.16.050.
Event Appeals.
8.16.060.
Event Public Safety and Crowd
Control
8.16.070.
Inspection of Event Premises
8.16.080.
Event Enforcement.
8.16.090.
Acts Prohibited.
8.16.100.
Event Violation.
8.16.110.
Funeral Processions.
8.16.120
Funeral Procession Violation.
8.16.150.
Outdoor Mass Gathering and
8.16.280.
Extended Outdoor Mass
Gathering Exclusions.
8.16.160.
Outdoor Mass Gathering or
8.16.290.
Extended Outdoor Mass
Gathering Permit Required.
8.16.170.
Outdoor Mass Gathering and
Extended Outdoor Mass
8.16.300.
Gathering Hearing Required.
8.16.180.
Outdoor Mass Gathering and
Extended Outdoor Mass
8.16.310.
Gathering Departmental and
Agency Notice.
8.16.190.
Outdoor Mass Gathering and
Extended Outdoor Mass
Gathering General Approval
Criteria.
8.16.200.
Outdoor Mass Gathering and
Extended Outdoor Mass
Gathering Appeals.
8.16.210.
Outdoor Mass Gathering and
Extended Outdoor Mass
Gathering Insurance.
8.16.220.
Outdoor Mass Gathering and
Extended Outdoor Mass
Gathering Sanitary Facilities.
8.16.230.
Outdoor Mass Gathering and
Extended Outdoor Mass
8.16.320. Outdoor Mass Gathering and
Extended Outdoor Mass
Gathering Narcotic and
Dangerous Drugs Prohibition.
8.16.330. Compliance Required for
Outdoor Mass Gathering and
Extended Outdoor Mass
Gathering.
8.16.340. Outdoor Mass Gathering and
Extended Outdoor Mass
Gathering Violation.
8.16.350. Funeral processions.
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 this section.
Page 1 of 15 — ORDINANCE 2006 -020, Exhibit A (09/13/06)
Chapter 8.16 1
Gathering Fire Protection
Standards.
8.16.240.
Outdoor Mass Gathering and
Extended Outdoor Mass
Gathering Medical Services.
8.16.250.
Outdoor Mass Gathering and
Extended Outdoor Mass
Gathering Public Safety.
8.16.260.
Outdoor Mass Gathering and
Extended Outdoor Mass
Gathering Parking Facilities.
8.16.270.
Outdoor Mass Gathering and
Extended Outdoor Mass
Gathering Permit Posting.
8.16.280.
Inspection of Outdoor Mass
Gathering and Extended Outdoor
Mass Gathering Premises.
8.16.290.
Outdoor Mass Gathering and
Extended Outdoor Mass
Gathering Restricted Hours of
Operation.
8.16.300.
Outdoor Mass Gathering and
Extended Outdoor Mass
Gathering Enforcement.
8.16.310.
Outdoor Mass Gathering and
Extended Outdoor Mass
Gathering Intoxicating Liquor
Prohibition.
8.16.320. Outdoor Mass Gathering and
Extended Outdoor Mass
Gathering Narcotic and
Dangerous Drugs Prohibition.
8.16.330. Compliance Required for
Outdoor Mass Gathering and
Extended Outdoor Mass
Gathering.
8.16.340. Outdoor Mass Gathering and
Extended Outdoor Mass
Gathering Violation.
8.16.350. Funeral processions.
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 this section.
Page 1 of 15 — ORDINANCE 2006 -020, Exhibit A (09/13/06)
Chapter 8.16 1
EXHIBIT A
"Assembly of Persons" means any gathering of
any Person, including but not limited to
spectators, attendees, organizers, performers, and
participants on any given day.
"Board" means the Board of County
Commissioners.
"County Administrator" means the Deschutes
County Administrator or his/her designee(s).
"County Engineer" means the Deschutes County
Engineer or his /her designee(s).
"Department" means the Community
Development Department.
"Director" means the Deschutes County
Community Development Director, or his or her
duly authorized deputies and representatives.
"Event" means any Assembly of Persons,
including a Parade, for any duration that is held
primarily on or is using Public Property or Public
Right of Way and:
1. for which the actual number is or reasonably
anticipated to be 500 or fewer but more than
50;
2. for which the actual number is or reasonably
anticipated to be less than 50 where pre-
registration is required or a fee to participate
is charged; or
3. whenever any property is used in such a way
that traffic safety or serious inconvenience to
the public in connection with the use of a
public right of way owned by or under the
jurisdiction of the Deschutes County occurs
or, in the opinion of the County Road Dept.,
is likely to occur.
"Extended Outdoor Mass Gathering" means and
includes an Assembly of Persons, including but
not limited to Spectators, 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 is reasonably
anticipated to be 3000 or more persons or more
than 500 persons for a period that continues or
can reasonably anticipated to be for more than
240 hours, including set -up, placement, storage
and removal or similar action of any equipment,
materials, structures, vehicles, supplies and so
forth within any continuous three -month period.
"Hearings Body" means the following:
1. for Events, the County Administrator;
2. for Outdoor Mass Gatherings, the Board;
3. for Extended Outdoor Mass Gatherings, the
County Planning Commission;
4. for appeals of a decision of the County
Administrator, the Board; and
5. for appeals of a decision of the County
Planning Commission, the Board.
"Organizer" includes any person who conducts,
stages or sponsors an Event, Outdoor Mass
Gathering or Extended Mass Gathering, and the
owner, lessee or possessor of the real property
upon which the Event, Outdoor Mass Gathering
or Extended Mass Gathering is to take place.
"Outdoor Mass Gathering" means and includes an
assembly of persons, including but not limited to
spectators, whose actual number is or is
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,
including set -up, placement, storage and removal
or similar action of any equipment, materials,
structures, vehicles, supplies and so forth, 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.
"Parade" means a procession of persons using the
public right of way and consisting of 15 or more
persons or five or more vehicles but does not
include funeral processions or bicycle rides of 15
or fewer riders within a mile of each other over
the same roadway so long as the actual number of
participants and spectators is or is reasonably
Page 2 of 15 — ORDINANCE 2006 -020, Exhibit A (09/13/06)
Chapter 8.16 2
EXHIBIT A
anticipated to be less than an Outdoor Mass
Gathering or an Extended Outdoor Mass
Gathering.
"Permanent structure" includes a stadium, an
arena, an auditorium, a coliseum, a fairground, or
other similar established places for assemblies.
"Person" and "Persons" mean any individual,
firm, partnership, corporation, joint venture,
association, social club, fraternal organization,
fraternity, sorority, non - profit organization,
estate, trust, receiver, trustee, syndicate or other
group, organization or combination acting as a
unit.
"Public Property" means property owned by or
under the jurisdiction of Deschutes County or
private property and premises open to the public
as defined in ORS 801.400 and includes right of
way owned by or under the jurisdiction of the
Deschutes County.
"Sheriff' means the Deschutes County Sheriff or
his /her designee(s).
"Spectator" means any person located within,
along side or near the Event Outdoor Mass
Gathering or Extended Outdoor Mass Gathering,
Parade, whether or not that person pays a fee to
participate in the Outdoor Mass Gathering or
Extended Outdoor Mass Gathering, Parade.
"Sponsor" means any person that allows,
promotes or causes an Event, Outdoor Mass
Gathering or Extended Outdoor Mass Gathering.
"Temporary structure" includes tents, trailers,
chemical toilet facilities and other non - permanent
structures customarily erected or sited for
temporary use.
"Traffic Control" means signs, warning markers
and other regulatory devices meeting the
standards of the Manual of Uniform Traffic
Control Devices.
"Vehicle" means any device including bicycles,
in, upon or by which any person or property is or
may be transported or drawn upon a public
highway and including vehicles that are propelled
or powered by any means.
(Ord. 2006 - 020 §3, 2006; Ord. 2005 -003 §1,
2005; Ord. 95 -032 § 1, 1995; Ord. 86.071 § 2,
1986; Ord. CG3 (9/16/70) § 5, 1970)
8.16.020. Event Exclusions
A. The requirements in this chapter shall not
apply to any funeral processions regularly
scheduled religious service, any organized
and supervised school district activity, any
program of the County or any city or athletic
contests organized by a park and recreation
district.
B. The County Administrator is authorized to
waive some or all of the permit requirements
when no significant public health, safety or
welfare issues are involved and when the
County Administer determines that no
County law enforcement or other County
services are necessary.
C. The County Administrator may waive any
permit requirement, including the fee, for an
Event upon a showing by the Organizer of
good cause to reduce or waive the
requirement.
(Ord. 2006 -020 §3, 2006; Ord. 2005 -003 §1,
2005; Ord. 95 -032 § 1, 1995; Ord. 86.071 § 2,
1986; Ord. CG3 (9/16/70) § 5, 1970)
8.16.030. Event Permit Required.
A. No Organizer shall hold, conduct, advertise
or otherwise promote an Event unless the
Organizer obtains a permit to hold such an
Event.
B. All Events are exempt from the requirements
of Deschutes County Code Titles 17 through
23, except where noted.
C. One permit shall be required for each Event.
D. 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 Event.
Page 3 of 15 — ORDINANCE 2006 -020, Exhibit A (09/13/06)
Chapter 8.16 3
EXHIBIT A
E. The Organizer of a proposed Event shall file
an application with the County Administrator
at least 90 days prior to the Event.
F. The application shall include the following:
1. Name and address of the Organizer;
2. A map of the desired route of the Event,
including assembling and disbanding
points;
3. The date or dates of the proposed Event.
4. The proposed starting and ending time(s)
of the Event;
5. The estimated number of persons,
vehicles and animals that will be
attending, participating in or viewing the
Event;
6. Nature of the proposed Event;
7. The name and phone number of the
contact person who shall be easily
identified at the Event;
8. A narrative description of traffic control
and the name and qualifications of the
person or firm providing the traffic
control;
9. If entry forms are being used, a copy of
the proposed participant entry form for
the Event, which must include language
releasing Deschutes County, its officers,
agents, employees or volunteers from
liability for any or all injuries;
10. An indemnity agreement signed by the
Sponsor on a form provided by the
County
11. A copy of an insurance policy and
certificate naming Deschutes County, its
officers, agents, employees and
volunteers as an additional insured by
endorsement in a minimum amount of
$1,000,000;
a. The insurance policy for an Event
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 Event.
b. The insurance policy for an Event
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 Event.
12. A narrative description of crowd security
and control and the name of the qualified
person or firm providing such control.
13. Such other appropriate information as the
County Administrator may require in
order to insure compliance with the
provisions of this chapter, as well as rules
of the Oregon Department of Human
Services or other applicable law.
14. A $35.00 processing fee.
a. The processing fee may be allocated
to purchasing and maintaining traffic
control devices that may be used by
sponsors.
b. In addition to the processing fee, an
Organizer may be charged a fee to
reimburse the County for the cost of
services resulting from the Event.
c. The additional costs may include, but
are not limited to expenses for law
enforcement, public works and solid
waste services and other materials
and services.
G. Any application for an Event lacking any
requirement of DCC 8.16.030(F) shall, unless
waived by the County Administrator, be
deemed incomplete and the permit shall be
denied except that, if additional information
requested pursuant to DCC 8.16.030(F)(14)
is not supplied within two weeks of the
County Administrator's request, the
application shall be deemed incomplete and
the permit shall be denied.
(Ord. 2006 -020 §3, 2006; Ord. 2005 -003 § 1,
2005; Ord. 95 -032 § 1, 1995; Ord. 86.071 § 2,
1986; Ord. CG3 (9/16/70) § 5, 1970)
8.16.040. Event General Approval Criteria
A. If the County Administrator, upon receipt of
the application, determines that the Event
can be conducted without endangering
public safety and without seriously
inconveniencing the general public, the
County Administrator shall approve the
Page 4 of 15 — ORDINANCE 2006 -020, Exhibit A (09/13/06)
Chapter 8.16 4
EXHIBIT A
route and, upon satisfactory compliance with
required conditions, issue the Event permit.
B. If the County Administrator, in consultation
with the County Engineer, Sheriff and Risk
Manager, determines that the Event cannot be
conducted without endangering public safety
or seriously inconveniencing the general
public, or if the applicant fails or refuses to
satisfy conditions imposed upon the permit
the County Administrator may:
1. Propose an alternate route;
2. Propose an alternate date; or
3. Refuse to issue a permit.
4. impose conditions upon the issuance of
the Event permit.
E. The County Administrator shall endeavor to
notify the applicant of his decision on an
Event permit application within 15 days of
receipt of the application.
F. If the County Administrator proposes
alternatives or refuses to issue an Event
permit, or proposes unacceptable conditions
for an Event permit, the applicant shall have
the right to appeal the decision to the Board.
G. The County Administrator is authorized to
temporarily close and /or restrict use of public
property by the general public, in connection
with the approval of an Event permit.
H. The County Administrator shall furnish a
copy of the Event permit to the Sheriff and to
any other jurisdiction in which the Event
takes place.
(Ord. 2006 -020 §3, 2006; Ord. 2005 -003 §1,
2005; Ord. 95 -032 § 1, 1995; Ord. 86.071 § 2,
1986; Ord. CG3 (9/16/70) § 5, 1970)
8.16.050. Event Appeals
A. An Organizer may appeal the decision of the
County Administrator on the denial of or the
conditions of an Event permit by filing a
written appeal with the Board within five
days after the County Administrator has
proposed alternatives, refused to issue a
permit or required conditions upon issuance
of the permit.
1. The Board shall schedule a hearing date
following the filing of the written appeal,
and shall notify the applicant of the date
and time to appear, either in person or by
representative.
2. Upon the conclusion of the hearing the
Board shall:
a. Leave the record open for no more
than 10 days to obtain additional
information;
b. Approve the permit subject to
conditions for a particular route and
date; or
c. Refuse to issue a permit.
B. All Event permit decisions of the Board
under DCC 8.16 shall be reviewable by the
Circuit Court of the State for the County by
writ of review under the provisions of ORS
34.010 to 34.100.(Ord. 2006 -020 §3, 2006;
Ord. 2005 -003 §1, 2005; Ord. 95 -032 § 1,
1995; Ord. 86.071 § 2, 1986; Ord. CG3
(9/16/70) § 5, 1970)
8.16.060. Event Public Safety and Crowd
Control.
A. If required by the County Administrator
pursuant to DCC 8.16.030(F), the Event
Organizer must submit plans for public safety
and crowd control during the Event for
approval demonstrating the following:
1. Adequate traffic control and crowd
protection policing must have been
contracted for or otherwise provided by
the Organizer.
a. 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.
b. 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. All traffic and crowd control personnel
must meet the following minimum
standards:
a. Be at least 18 years of age;
b. Be in good physical health;
Page 5 of 15 — ORDINANCE 2006 -020, Exhibit A (09/13/06)
Chapter 8.16 5
EXHIBIT A
c. Have the background, training or
experience acceptable to the County
to conduct traffic and or crowd -
control duties.
d If crowd - control personnel, wear an
identifying uniform.
e. If traffic control personnel, comply
with the current edition of the
Manual of Uniform Traffic Control
Devices.
B. The Organizer shall be responsible for
obtaining and placement of warning signs
and markers.
(Ord. 2006 -020 §3, 2006; Ord. 2005 -003 §1,
2005; Ord. 95 -032 § 1, 1995; Ord. 86.071 § 2,
1986; Ord. CG3 (9/16/70) § 5, 1970)
8.16.070. Inspection of Event Premises.
A. No Event permit shall be granted under DCC
8.16 unless the Organizer 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 DCC 8.16, and any other
applicable laws or ordinances.
B. If any Event inspections described in DCC
8.16 reveal deficiencies in compliance with
State or local law, the inspectors may return
as often as needed until the deficiencies are
cured.
C. All Event facilities shall be in place a
sufficient time, but not less than two hours,
before the Event and shall be subject to
inspection by the County, provided, however,
that such inspection shall not relieve the
Organizer of responsibility for proper
placement of all facilities.
(Ord. 2006 -020 §3, 2006; Ord. 2005 -003 § 1,
2005; Ord. 95 -032 § 1, 1995; Ord. 86.071 § 2,
1986; Ord. CG3 (9/16/70) § 5, 1970)
8.16.080. Event Enforcement.
A. If any Event Organizer violates any
provisions of this chapter, the Board, County
Administrator, County Engineer, or Sheriff
may immediately suspend, revoke or
terminate any permit for an Event and may
seek any legal remedy available.
B. If, at any time during the Event held under a
valid permit, the number of persons or
vehicles attending the Event exceeds by 10
percent or more the number of persons or
vehicles estimated in the permit application,
the Sheriff, or any of his deputies, has the
authority to require the Event 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 Event
Organizer.
C. The County Sheriff has the authority to order
the crowd to disperse and leave the Event site
if the Event Organizer refuses or is unable to
adhere to the terms and conditions of the
permit.
D. If persons remain on the site after the
scheduled end of the permitted Event fail to
remove all debris or residue within 72 hours
after termination of or fails to remove all
temporary structures within 72 hours after
termination of the Event, the County code
enforcement officers may issue citations to
the Event Organizer, the landowner, all
persons remaining at the Event site, and to all
persons who have left debris behind.
E. In addition to any other remedies provided, if
the Event 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 Event Organizer and
the landowner or successor landowner.
(Ord. 2006 -020 §3, 2006; Ord. 2005 -003 §1,
2005; Ord. 95 -032 § 1, 1995; Ord. 86.071 § 2,
1986; Ord. CG3 (9/16/70) § 5, 1970)
8.16.090. Acts Prohibited.
A. No person shall unreasonably interfere with
an Event or Event participant.
B. No person shall operate a vehicle between the
vehicles or persons comprising an Event if
that vehicle is not part of an Event.
Page 6 of 15 — ORDINANCE 2006 -020, Exhibit A (09/13/06)
Chapter 8.16 6
EXHIBIT A
(Ord. 2006 -020 §3, 2006; Ord. 2005 -003 § 1,
2005; Ord. 95 -032 § 1, 1995; Ord. 86.071 § 2,
1986; Ord. CG3 (9/16/70) § 5, 1970)
8.16.100. Event Violation.
Violation of any provision of DCC 8.16.010
through DCC 8.16.090 is a Class B violation.
(Ord. 2006 -020 §3, 2006; Ord. 2005 -003 §1,
2005; Ord. 95 -032 § 1, 1995; Ord. 86.071 § 2,
1986; Ord. CG3 (9/16/70) § 5, 1970)
8.16.110 Funeral Processions
A. A permit shall not be required to conduct a
funeral procession.
B. The procession shall proceed to the place of
internment by the most direct route which is
both legal and practicable.
C. The procession shall be accompanied by
adequate escort vehicles for traffic- control
purposes.
D. All motor vehicles in the procession shall be
operated with their lights turned on
E. No person shall unreasonably interfere with a
funeral procession.
F. No person shall operate a vehicle that is not
part of the procession between the vehicles
of a funeral procession.
G. Violation of any provision of DCC 8.16.110
is a Class B violation.
8.16.150. Outdoor Mass Gathering and
Extended Outdoor Mass
Gathering Exclusions
A. The requirements in this chapter for Outdoor
Mass Gatherings and Extended Outdoor
Mass Gatherings shall not apply to any
regularly scheduled religious service,
regularly organized and supervised school
district activity or program that takes place
on school property, any activities at the
Deschutes County Fairgrounds, or to any
activity of a municipal corporation or
government agency.
B. The Board may waive the permit
requirements for certain limited Outdoor
Mass Gatherings and Extended Outdoor
Mass Gatherings upon a showing by the
Organizer of good cause, when no
significant public health, safety or welfare
issues are involved and when the Board
determines that no County law enforcement
or other County services are necessary.
C. The Board may waive part or all of the
permit fee for an Outdoor Mass Gathering or
Extended Outdoor Mass Gathering upon a
showing by the Organizer of good cause to
reduce or waive the fee
(Ord. 2006 -020 §3, 2006; Ord. 2005 -003 §1,
2005; Ord. 95 -032 § 1, 1995; Ord. 86.071 § 2,
1986; Ord. CG3 (9/16/70) § 5, 1970)
8.16.160. Outdoor Mass Gathering and
Extended Outdoor Mass
Gathering Permit Required.
A. 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.
B. No permit for an Outdoor Mass Gathering or
Extended Mass Gathering 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.
C. All Outdoor Mass Gatherings as defined in
this Chapter are exempt from the
requirements of Deschutes County Code
Titles 17 through 23, except where noted.
D. One permit shall be required for each
Outdoor Mass Gathering or Extended Mass
Gathering.
E. A permit issued under this section does not
entitle the Outdoor Mass Gathering or
Extended Mass Gathering Organizer to
Page 7 of 15 — ORDINANCE 2006 -020, Exhibit A (09/13/06)
Chapter 8.16 7
EXHIBIT A
construct any permanent physical alterations
to or on the real property which is the site of
the Outdoor Mass Gathering or Extended
Mass Gathering.
F. The Organizer of a proposed Outdoor Mass
Gathering or Extended Outdoor Mass
Gathering shall file an application with the
Department more than 90 days prior to the
Outdoor Mass Gathering or Extended Mass
Gathering.
G. The application shall include the following:
1. Name and address of the Organizer.
2. Legal description of the location of the
proposed Outdoor Mass Gathering or
Extended Mass Gathering.
3. A map of the Outdoor Mass Gathering
or Extended Outdoor Mass Gathering
desired route, including assembling and
disbanding points.
4. The date or dates of the proposed
Outdoor Mass Gathering or Extended
Mass Gathering.
5. The proposed starting and ending time(s)
of the Outdoor Mass Gathering or
Extended Outdoor Mass Gathering.
6. The estimated number of persons,
vehicles and animals that will be
attending, participating in or viewing the
Outdoor Mass Gathering or Extended
Mass Gathering.
7. Nature of the proposed Outdoor Mass
Gathering or Extended Mass Gathering.
8. 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.
9. The name and phone number of the
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.
10. 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.
11. Approval by the appropriate Fire District
Officer or State Fire Marshall in
accordance with DCC 8.16.10.
12. A medical services plan demonstrating
compliance with DCC 8.16.10.
13. A public safety plan in accordance with
DCC 8.16.120.
14. A parking plan demonstrating
compliance with DCC 8.16.10.
15. A copy of the proposed participant entry
form for the Outdoor Mass Gathering or
Extended Mass Gathering, including a
release agreement releasing Deschutes
County, its officers, agents, employees or
volunteers from liability for any or all
injuries.
16. A signed indemnity agreement on a form
provided by the County.
17. Such other appropriate information as the
Director or Board may require in order to
insure compliance with the provisions of
this chapter, as well as rules of the
Oregon Department of Human Services.
H. Any application for an Outdoor Mass
Gathering or Extended Mass Gathering
lacking any requirement of DCC 8.16.160(G)
shall, unless waived by the Board, be deemed
incomplete and the permit shall be denied
except that, if additional information
requested pursuant to DCC 8.16.030(H)(17)
is not supplied within two weeks of the
Board's request, the application shall be
deemed incomplete and the permit shall be
denied.
I. The application for an Outdoor Mass
Gathering and Extended Outdoor Mass
Gathering shall be accompanied by the
appropriate fee pursuant to the County fee
schedule.
J. Incomplete applications shall be denied and
the application fee, less County costs, shall be
returned to the permit applicant.
K. The Director shall furnish a copy of the
Outdoor Mass Gathering or Extended Mass
Gathering permit to the Sheriff and to any
Page 8 of 15 — ORDINANCE 2006 -020, Exhibit A (09/13/06)
Chapter 8.16 8
..II:
other jurisdiction in which the Outdoor Mass
Gathering or Extended Mass Gathering takes
place.
(Ord. 2006 -020 §3, 2006; Ord. 2005 -003 §1,
2005; Ord. 95 -032 § 1, 1995; Ord. 86.071 § 2,
1986; Ord. CG3 (9/16/70) § 5, 1970)
8.16.170. Outdoor Mass Gathering and
Extended Outdoor Mass
Gathering Hearing Required.
A. No application for an Outdoor Mass
Gathering permit shall be approved without
review by the Board following a public
hearing.
B. No application for an Extended Outdoor
Mass Gathering permit shall be approved
without review by the Planning Commission
following a public hearing in accordance with
ORS 433.763 et seq.
C. Public hearings shall be set at the discretion
of the Director but, in no case, earlier than 10
days from the date of application.
(Ord. 2006 -020 §3, 2006; Ord. 2005 -003 §1,
2005; Ord. 95 -032 § 1, 1995; Ord. 86.071 § 2,
1986; Ord. CG3 (9/16/70) § 5, 1970)
8.16.180. Outdoor Mass Gathering and
Extended Outdoor Mass
Gathering Departmental and
Agency Notice.
A. For an Outdoor Mass Gathering or Extended
Outdoor Mass Gathering, the Director shall
send notice of the application to the following
officers at least 10 calendar days prior to the
hearing: County Risk Manager, County
Sheriff, County Environmental Health, and
the chief of the fire district in which the
Outdoor Mass Gathering or Extended Mass
Gathering is proposed.
B. The Director shall publish notice of the
hearing for an Outdoor Mass Gathering or
Extended Outdoor Mass Gathering permit at
least 10 calendar days before the hearing in a
newspaper of general circulation in the
County.
(Ord. 2006 -020 §3, 2006; Ord. 2005 -003 §1,
2005; Ord. 95 -032 § 1, 1995; Ord. 86.071 § 1,
1986; Ord. CG3 (9/16/70) § 3 (part), 1970)
8.16.190. Outdoor Mass Gathering and
Extended Outdoor Mass
Gathering General Approval
Criteria
A. 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 chapter, as well as all
health and safety rules governing all Outdoor
Mass Gatherings, Extended or otherwise,
adopted by the Oregon Department of
Human Services.
B. Each public official receiving notice of the
application for an Outdoor Mass Gathering or
Extended Mass Gathering permit 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.
C. The comment from any public official
regarding an Outdoor Mass Gathering or
Extended Mass Gathering permit may
include recommendations related to the
official functions of the officer as to granting
the permit and any recommended conditions
that should be imposed.
D. The Hearings Body shall consider the
imposition of any suggested conditions
submitted by public officials who received
notice of the proposed Outdoor Mass
Gathering or Extended Mass Gathering.
E. The Hearings Body may consider and impose
any reasonable condition on a permit for an
Outdoor Mass Gathering or Extended
Outdoor Mass Gathering recommended that
is submitted at or prior to the public hearing
by a member of the public or public official.
(Ord. 2006 -020 §3, 2006; Ord. 2005 -003 § 1,
2005; Ord. 95 -032 § 1, 1995; Ord. 86.071 § 2,
1986; Ord. CG3 (9/16/70) § 5, 1970)
Page 9 of 15 — ORDINANCE 2006 -020, Exhibit A (09/13/06)
Chapter 8.16 9
EXHIBIT A
8.16.200. Outdoor Mass Gathering and
Extended Outdoor Mass
Gathering Appeals.
A. When the County Planning Commission is
the Hearings Body, any person who
participated in the hearing before the
Planning Commission shall be deemed a
party and may appeal the decision to the
Board in accordance with DCC Chapter
22.32.
B. All Outdoor Mass Gathering and Extended
Outdoor Mass Gathering 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. 2006 -020 §3, 2006; Ord. 2005 -003 §1,
2005; Ord. 95 -032 § 1, 1995; Ord. 86.071 § 2,
1986; Ord. CG3 (9/16/70) § 5, 1970
8.16.210. Outdoor Mass Gathering and
Extended Outdoor Mass
Gathering Insurance.
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 an 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 .
(Ord. 2006 -020 §3, 2006; Ord. 2005 -003 §1,
2005; Ord. 95 -032 § 1, 1995; Ord. 86.071 § 2,
1986; Ord. CG3 (9/16/70) § 5, 1970)
8.16.220. Outdoor Mass Gathering and
Extended Outdoor Mass
Gathering Sanitary Facilities.
A. The County Environmental Health Division
shall have the responsibility for approving all
sanitation and related facilities required by
the Hearings Body for an Outdoor Mass
Gathering or Extended Mass Gathering
permit to ensure that reasonable minimum
standards have been or will be met by the
Organizer, in accordance with the procedures
outlined in DCC 8.16.
B. County 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
Page 10 of 15 — ORDINANCE 2006 -020, Exhibit A (09/13/06)
Chapter 8.16 10
EXHIBIT A
with adequate sanitary dispensing
equipment (paper cups, fountains, etc.).
4. Waste Collection and Removal. A
contractual agreement with the areas
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 of an Outdoor Mass Gathering
or Extended Mass Gathering permit by the
County Environmental Health Division shall
indicate the number, type, and location, when
appropriate, of the various facilities and shall
include a description of the specific type of
food preparation and food service facilities to
be provided.
(Ord. 2006 -020 §3, 2006; Ord. 2005 -003 § 1,
2005; Ord. 95 -032 § 1, 1995; Ord. 86.071 § 2,
1986; Ord. CG3 (9/16/70) § 5, 1970)
8.16.230. Outdoor Mass Gathering and
Extended Outdoor Mass
Gathering Fire Protection
Standards.
A. Unless waived by the Hearings Body
pursuant to DCC 8.16.030(H), no Outdoor
Mass Gathering or Extended Mass Gathering
permit shall be granted under DCC 8.16
unless the Organizer 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 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 protection district, the
Organizer must show approval from the
office of the State Fire Marshal.
(Ord. 2006 -020 §3, 2006; Ord. 2005 -003 §1,
2005; Ord. 95 -032 § 1, 1995; Ord. 86.071 § 2,
1986; Ord. CG3 (9/16/70) § 5, 1970)
8.16.240. Outdoor Mass Gathering and
Extended Outdoor Mass
Gathering Medical Service.
A. The County Environmental Health Division
shall have responsibility for approving plans
as to medical service required for the Outdoor
Mass Gathering or Extended Mass Gathering.
B. Each 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. 2006 -020 §3, 2006; Ord. 2005 -003 §1,
2005; Ord. 95 -032 § 1, 1995; Ord. 86.071 § 2,
1986; Ord. CG3 (9/16/70) § 5, 1970)
8.16.250. Outdoor Mass Gathering and
Extended Outdoor Mass
Gathering Public Safety.
A. If required by the Hearings Body pursuant,
the Organizer must submit plans for public
safety at the Outdoor Mass Gathering or
Extended Outdoor Mass Gathering for
approval demonstrating the following:
1. Adequate traffic control and crowd
protection policing must have been
contracted for or otherwise provided by
the Organizer.
a. 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 Outdoor Mass Gathering or
Extended Outdoor Mass Gathering.
b. 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 Outdoor Mass
Page 11 of 15 — ORDINANCE 2006 -020, Exhibit A (09/13/06)
Chapter 8.16 11
EXHIBIT A
Gathering or Extended Outdoor
Mass Gathering.
2. The 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
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 at least 18 years of age;
b. Be in good physical health;
c. Never have been convicted of a
felony or misdemeanor involving
moral turpitude;
d. Have training or experience
acceptable to the County to conduct
traffic and or crowd - control duties.
B. All of the traffic control and crowd control
personnel must wear an appropriate
identifying uniform and all traffic control
uniforms must be accordance with the current
edition of the Manual of Uniform Traffic
Control Devices.
C. The required number of crowd - control
personnel must be on duty during the entire
Outdoor Mass Gathering or Extended
Outdoor Mass Gathering unless a relief
schedule has been planned and approved. A
relief schedule will be approved by the
Sheriff only when sufficient crowd - control
strength on duty has been maintained to meet
the minimum strength standards set forth in
this chapter.
D. It shall be the duty of the crowd control
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. 2006 -020 §3, 2006; Ord. 2005 -003 §1,
2005; Ord. 95 -032 § 1, 1995; Ord. 86.071 § 2,
1986; Ord. CG3 (9/16/70) § 5, 1970)
8.16.260. Outdoor Mass Gathering and
Extended Outdoor Mass
Gathering Parking Facilities.
A. If required by the Hearings Body, prior to or
on the date of application for an Outdoor
Mass Gathering or Extended Outdoor Mass
Gathering, the Organizer shall provide a scale
drawing showing adequate parking facilities
have been made available within or adjacent
to the location for which the permit is
requested.
B. Such parking facilities shall provide parking
space for one vehicle for every four persons
expected or reasonably to be expected to
attend such.
C. 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 of the Outdoor Mass
Gathering or Extended Mass Gathering.
D. Should buses be used to transport the public
to the Outdoor Mass Gathering or Extended
Mass Gathering, it shall be shown that public
parking or parking is available at any site
from which buses are scheduled to pick up
persons to transport them to the .
(Ord. 2006 -020 §3, 2006; Ord. 2005- 003 §1,
2005; Ord. 95 -032 § 1, 1995; Ord. 86.071 § 2,
1986; Ord. CG3 (9/16/70) § 5, 1970)
8.16.270. Outdoor Mass Gathering and
Extended Outdoor Mass
Gathering Permit Posting.
A. The Organizer of an Outdoor Mass Gathering
or Extended Outdoor Mass Gathering shall
have a copy of the permit available for
inspection upon request.
B. No permit for an Outdoor Mass Gathering or
Extended Outdoor Mass Gathering shall be
transferable or assignable without the consent
of the County Administrator.
C. Any permit for an Outdoor Mass Gathering
or Extended Mass Gathering shall be kept
posted in a conspicuous place upon the
premises of such assembly.
Page 12 of 15 — ORDINANCE 2006 -020, Exhibit A (09/13/06)
Chapter 8.16 12
10.14U131lw1
D. No permit for an Outdoor Mass Gathering or
Extended Mass Gathering shall be
transferable or assignable without the consent
of the Board.
E. Except as authorized elsewhere in this
chapter, no rebate or refund of money paid
for a permit shall be made.
(Ord. 2006 -020 §3, 2006; Ord. 2005 -003 § 1,
2005; Ord. 95 -032 § 1, 1995; Ord. 86.071 § 2,
1986; Ord. CG3 (9/16/70) § 5, 1970)
8.16.280. Inspection of Outdoor Mass
Gathering and Extended Outdoor
Mass Gathering Premises.
A. No Outdoor Mass Gathering or Extended
Outdoor Mass Gathering permit shall be
granted unless the Organizer 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 DCC 8.16, and any other
applicable laws or ordinances.
B. If any inspections 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 Board,
County Administrator, County Engineer or
the Sheriff may suspend or terminate the
Outdoor Mass Gathering or Extended
Outdoor Mass Gathering.
C. All the Outdoor Mass Gathering or Extended
Mass Gathering facilities shall be in place a
sufficient time, but not less than two hours,
before the Outdoor Mass Gathering or
Extended Outdoor Mass Gathering for which
an application is submitted and approved, and
shall be subject to inspection by the County,
provided, however, that such inspection shall
not relieve the Organizer of responsibility for
proper placement of all facilities.
(Ord. 2006 -020 §3, 2006; Ord. 2005 -003 §1,
2005; Ord. 95 -032 § 1, 1995; Ord. 86.071 § 2,
1986; Ord. CG3 (9/16/70) § 5, 1970)
8.16.290. Outdoor Mass Gathering and
Extended Outdoor Mass
Gathering Restricted Hours of
Operation.
A. No Outdoor Mass Gathering or Extended
Mass Gathering shall be conducted, including
set -up, placement, storage, staging, removal
or similar action of any equipment, materials,
structures, vehicles, supplies and so forth, 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 for the Outdoor Mass
Gathering or Extended Mass Gathering from
neighboring property owners and residents
are submitted with the application, the
Hearings Body may modify these hours in
the permit.
C. The use of amplification for the Outdoor
Mass Gathering or Extended Mass Gathering
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. 2006 -020 §3, 2006; Ord. 2005 -003 § 1,
2005; Ord. 95 -032 § 1, 1995; Ord. 86.071 § 2,
1986; Ord. CG3 (9/16/70) § 5, 1970)
8.16.300. Outdoor Mass Gathering and
Extended Outdoor Mass
Gathering Enforcement.
A. 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.
B. If any Organizer of an Outdoor Mass
Gathering or Extended Outdoor Mass
Page 13 of 15 — ORDINANCE 2006 -020, Exhibit A (09/13/06)
Chapter 8.16 13
EXHIBIT A
Gathering violates any provisions of this
preference on the docket to all other civil
chapter, the Board, County Administrator,
cases except those given equal preference by
County Engineer, or Sheriff may immediately
statute.
suspend, revoke or terminate any permit for
G. If persons remain on the site after the
an Outdoor Mass Gathering or Extended
scheduled end of the permitted Outdoor Mass
Outdoor Mass Gathering and may seek any
Gathering or Extended Mass Gathering, fail
legal remedy available.
to remove all debris or residue within 72
C. The Outdoor Mass Gathering or Extended
hours after termination of or fails to remove
Mass Gathering Organizer shall keep a
all temporary structures within three weeks
reasonable count of persons and vehicles
after the termination of the Outdoor Mass
entering and leaving the Outdoor Mass
Gathering or Extended Outdoor Mass
Gathering or Extended Outdoor Mass
Gathering, the County code enforcement
Gathering.
officers may issue citations to the Organizer,
D. If at any time during the Outdoor Mass
the landowner, all persons remaining at the
Gathering or Extended Outdoor Mass
site, and to all persons who have left debris
Gathering held under a valid permit, the
behind.
number of persons or vehicles attending the
H. The Outdoor Mass Gathering or Extended
Outdoor Mass Gathering or Extended
Mass Gathering Organizer shall be wholly
Outdoor Mass Gathering exceeds by 10
responsible for payment of any fines imposed
percent or more the number of persons or
under this Chapter or ORS 433.
vehicles estimated in the permit application,
I. In addition to any other remedies provided, if
the Sheriff, or any of his deputies, has the
the Outdoor Mass Gathering or Extended
authority to require the Organizer to limit
Outdoor Mass Gathering site is not restored
further admissions until a sufficient number
to its previous condition, or better, the
of individuals or vehicles have left the site to
County may arrange for clean up of the site,
bring the actual attendance down to the
and then file an action for damages against
number estimated by the Organizer.
the Organizer and the landowner or successor
E. For any Outdoor Mass Gathering or
landowner.
Extended Outdoor Mass Gathering held
(Ord. 2006 -020 §3, 2006; Ord. 2005 -003 §1,
under a valid permit, the County Sheriff has
2005; Ord. 95 -032 § 1, 1995; Ord. 86.071 § 2,
the authority to order the crowd to disperse
1986; Ord. CG3 (9/16/70) § 5, 1970)
and leave the Outdoor Mass Gathering or
Extended Outdoor Mass Gathering site if the
8.16.310. Outdoor Mass Gathering and
Organizer cannot maintain order and
Extended Outdoor Mass
compliance with all applicable State and local
Gathering Intoxicating Liquor
laws or refuses to maintain order and
Prohibition.
compliance with State and local laws or
A. No Organizer, landowner nor any person
refuses or is unable to adhere to the terms and
having charge or control thereof at any time
conditions of the permit.
when an Outdoor Mass Gathering or
F. In addition to State law provisions in ORS
Extended Outdoor Mass Gathering is being
Chapter 433, including ORS 433.990(7), the
conducted shall permit any person to bring
County Counsel, or District Attorney for
into such Outdoor Mass Gathering or
Deschutes County may maintain an action in
Extended Outdoor Mass Gathering or upon
any court of general jurisdiction to restrain, or
the premises thereof, any intoxicating liquor,
enjoin any violation of ORS 433.745. Cases
nor permit intoxicating liquor to be consumed
filed in Deschutes County under this section
on the premises, and no person during such
or under ORS 433.770 shall be given
Page 14 of 15 — ORDINANCE 2006 -020, Exhibit A (09/13/06)
Chapter 8.16 14
EXHIBIT A
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 Outdoor
Mass Gathering or Extended Outdoor Mass
Gathering when licensed by the State.
(Ord. 2006 -020 §3, 2006; Ord. 2005 -003 §1,
2005; Ord. 95 -032 § 1, 1995; Ord. 86.071 § 2,
1986; Ord. CG3 (9/16/70) § 5, 1970)
8.16.320. Narcotic and Dangerous Drugs
Prohibited at Outdoor Mass
Gatherings or Extended Mass
Gatherings.
No firm, person, society, association or
corporation conducting an Outdoor Mass
Gathering or Extended Mass Gathering, nor any
person having charge or control thereof at any
time when an Outdoor Mass Gathering or
Extended Mass Gathering is being conducted
shall permit any person to bring into such
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. 2006 -020 §3, 2006)
8.16.330. Compliance Required for
Outdoor Mass Gathering and
Extended Outdoor Mass
Gathering.
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. 2006 -020 §3, 2006)
8.16.340. Outdoor Mass Gathering or
Extended Mass Gathering
Violation.
For Outdoor Mass Gatherings or Extended Mass
Gatherings, violation of this Chapter is at
minimum a Class A violation and is punishable
upon conviction by a fine of not more than
$10,000.
(Ord. 2006 -020 §3, 2006; Ord. 2005 -003 §1,
2005; Ord. 95 -032 § 1, 1995; Ord. 86.071 § 2,
1986; Ord. CG3 (9/16/70) § 5, 1970)
Page 15 of 15 — ORDINANCE 2006 -020, Exhibit A (09/13/06)
Chapter 8.16 15