2007-1693-Ordinance No. 2007-029 Recorded 12/19/2007REVIEWED
-1 i
LEGAL COUNSEL
DESCHUTES COUNTY OFFICIAL
NANCY BLANKENSHIP, COUNTY
COMMISSIONERS' JOURNAL
IIIIIIII IIIIIIIIIIIIIII II~II III
2007-1683
RECORDS
CLERK yJ 2007.1693
12/19/2007 04;25;26 PM
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code
Chapter 8.16 Clarifying Various Provisions for * ORDINANCE NO. 2007-029
the Outdoor Mass Gathering Permits and
Declaring an Emergency
WHEREAS, since the 2006 update of the Events, Parades, Funeral Processions And Outdoor Mass
Gatherings permit provisions in Deschutes County Code ("DCC") Chapter 8.16, staff in various County
departments discovered the need to clarify and amend various provisions in that chapter; and
WHEREAS, notice of the public hearing was published on December 6, 2007 and December 13, 2007;
and
WHEREAS, the Board of County Commissioners ("Board") held a public hearing on December 17,
2007;
WHEREAS, the Board finds the recommended changes to be in the public interest; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. AMENDMENT. DCC Chapter 8.16, Events, Parades, Funeral Processions and Outdoor
Mass Gatherings, 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-iliethfoug r..
PAGE 1 OF 2- ORDER No. 2007-029 (12/17/07)
Section 2. EMERGENCY. This Ordinance being necessary for the public peace, health and safety, an
emergency is declad to exist, and this Ordinance takes effect on its passage.
DATED this ~ day of '2007.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
Date of 1 S` Reading: day of , 2007.
Date of 2°d Reading: f day of 2007.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Dennis R. Luke ✓
Michael M. Daly ✓
Tammy Baney
Effective Date: 0 day of , 2007
ATTEST:
( ?ym4 -
RecoGing Secretary
PAGE 2 OF 2- ORDER No. 2007-029 (12/17/07)
DENNIS R. LUKE, Commissioner
CV07--V-7
TAMMY B , Commissi
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
Extended Outdoor Mass
Gathering Exclusions.
8.16.160.
Outdoor Mass Gathering or
Extended Outdoor Mass
Gathering Permit Required.
8.16.170.
Outdoor Mass Gathering and
Extended Outdoor Mass
Gathering Hearing Required.
8.16.180.
Outdoor Mass Gathering and
Extended Outdoor Mass
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
Gathering Fire Protection
Standards.
Chapter 8.16 1
Page 1 of 15 - EXHIBIT A to Ordinance 2007-029
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--
Pr-ohlbitionDrugs Prohibition.
8.16.330. Compliance Required for
Outdoor Mass Gathering and
Extended Outdoor Mass
Gathering Gathering.
8.16.340. Outdoor Mass Gathering and
Extended Outdoor Mass
Gathering Violation.
8.16.350. F ;renal-pF
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.
"Assembly of Persons" means any gathering of
any Person, including but not limited to
(210/2007)
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 cumulative number is or
reasonably anticipated to be 500 or fewer but
more than 50;
2. for which the actual cumulative 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 cumulative 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
Chapter 8.16 2
Page 2 of 15 - EXHIBIT A to Ordinance 2007-029
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 cumulative 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
anticipated to be less than an Outdoor Mass
Gathering or an Extended Outdoor Mass
Gathering.
(210/2007)
"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.
Chapter 8.16 3
Page 3 of 15 - EXHIBIT A to Ordinance 2007-029
(Ord. 2007-029 §1, 2007; 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.
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;
(210/2007)
2. A map of the desired route of the Event,
13. Such other appropriate information as the
including assembling and disbanding
County Administrator may require in
points;
order to insure compliance with the
3. The date or dates of the proposed Event.
provisions of this chapter, as well as rules
4. The proposed starting and ending time(s)
of the Oregon Department of Human
of the Event;
Services or other applicable law.
5. The estimated number of persons,
14. A $35.00 processing fee established by
vehicles and animals that will be
the Board.
attending, participating in or viewing the
a. The processing fee may be allocated
Event;
to purchasing and maintaining traffic
6. Nature of the proposed Event;
control devices that may be used by
7. The name and phone number of the
sponsors.
contact person who shall be easily
b. In addition to the processing fee, an
identified at the Event;
Organizer may be charged a fee to
8. A narrative description of traffic control
reimburse the County for the cost of
and the name and qualifications of the
services resulting from the Event.
person or firm providing the traffic
c. The additional costs may include, but
control;
are not limited to expenses for law
9. If entry forms are being used, a copy of
enforcement, public works and solid
the proposed participant entry form for
waste services and other materials
the Event, which must include language
and services.
releasing Deschutes County, its officers,
d. If the application is submitted fewer
agents, employees or volunteers from
than 90 days prior to the event and
liability for any or all injuries;
the County Administrator accepts the
10. An indemnity agreement signed by the
application, the processing fee shall
Sponsor on a form provided by the
be double.
County
G. Any application for an Event lacking any
11. A copy of an insurance policy and
requirement of DCC 8.16.030(F) shall
unless
certificate naming Deschutes County, its
,
waived by the County Administrator, be
officers, agents, employees and
deemed incomplete and the permit shall be
volunteers as an additional insured by
denied except that
if additional information
endorsement in a minimum amount of
,
requested pursuant to DCC 8.16.030(F)(14)
$1,000,000;
is not supplied within two weeks of the
a. The insurance policy for an Event
County Administrator's request, the
may not be cancelable and shall
application shall be deemed incomplete and
provide coverage against liability for
the permit shall be denied.
death, injury, or disability of any
(Ord. 2006-020 §3, 2006; Ord. 2005-003 §1,
human or for damage to property
2005; Ord. 95-032 § 1, 1995; Ord. 86.071 § 2,
arising out of the Event.
1986; Ord. CG3 (9/16/70) § 5, 1970)
b. The insurance policy for an Event
must be an "occurrence" policy, or
8.16.040. Event General Approval Criteria
its equivalent, that provides for
A. If the County Administrator, upon receipt of
payment of claims made during the
the application, determines that the Event
180-day period after the scheduled
can be conducted without endangering
termination of the Event.
public safety and without seriously
12. A narrative description of crowd security
inconveniencing the general public, the
and control and the name of the qualified
County Administrator shall approve the
person or firm providing such control.
route and, upon satisfactory compliance with
required conditions, issue the Event permit.
Chapter 8.16 4 (-210/2007)
Page 4 of 15 - EXHIBIT A to Ordinance 2007-029
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. impeselmpose 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.
Chapter 8.16 5
Page 5 of 15 - EXHIBIT A to Ordinance 2007-029
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;
c. Have the background, training or
experience acceptable to the County
to conduct traffic and or crowd-
control duties.
(210/2007)
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
Chapter 8.16 6
Page 6 of 15 - EXHIBIT A to Ordinance 2007-029
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.
(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.
(210/2007)
(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
Chapter 8.16 7
Page 7 of 15 - EXHIBIT A to Ordinance 2007-029
reduce or waive the fee.
(Ord. 2007-029 §1, 2007; 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
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.
(210/2007)
3. A map of the Outdoor Mass Gathering or
volunteers from liability for any or all
Extended Outdoor Mass Gathering
injuries.
desired route, including assembling and
16. A signed indemnity agreement on a form
disbanding points.
provided by the County.
4. The date or dates of the proposed
17. Such other appropriate information as the
Outdoor Mass Gathering or Extended
Director or Board may require in order to
Mass Gathering.
insure compliance with the provisions of
5. The proposed starting and ending time(s)
this chapter, as well as rules of the
of the Outdoor Mass Gathering or
Oregon Department of Human Services.
Extended Outdoor Mass Gathering.
H. Any application for an Outdoor Mass
6. The estimated number of persons,
Gathering or Extended Mass Gathering
vehicles and animals that will be
lacking any requirement of DCC 8.16.160(G)
attending, participating in or viewing the
shall, unless waived by the Board, be deemed
Outdoor Mass Gathering or Extended
incomplete and the permit shall be denied
Mass Gathering.
except that, if additional information
7. Nature of the proposed Outdoor Mass
requested pursuant to DCC
Gathering or Extended Mass Gathering.
8.16.030(I4G)(17) is not supplied within two
8. A sketch, and other detailed information
weeks of the Board's request, the application
showing the type, number and location of
shall be deemed incomplete and the permit
all toilets, washing facilities, water
shall be denied.
supply, food preparation, food service
I. The application for an Outdoor Mass
facilities and solid waste collection
Gathering and Extended Outdoor Mass
locations.
Gathering shall be accompanied by the
9. The name and phone number of the
appropriate fee pursuant to the County fee
contact person who shall be easily
schedule.
identified and who shall remain at the
J. Incomplete applications shall be denied and
Outdoor Mass Gathering or Extended
the application fee, less County costs
shall be
Outdoor Mass Gathering site at all times.
,
returned to the permit applicant.
10. A sketch, and other detailed information
K. The Director shall furnish a copy of the
showing the type, number and location of
Outdoor Mass Gathering or Extended Mass
all toilets, washing facilities, water
Gathering permit to the Sheriff and to any
supply, food preparation, food service
other jurisdiction in which the Outdoor Mass
facilities and solid waste collection
Gathering or Extended Mass Gathering takes
locations.
place.
11. Approval by the appropriate Fire District
L. If the application is submitted fewer than 90
Officer or State Fire Marshall in
days prior to the event and the Board accepts
accordance with DCC 8.164230.
the application, the processing fee shall be
12. A medical services plan demonstrating
double.
compliance with DCC 8.16.4.240.
(Ord. 2007-029 § 1, 2007; Ord. 2006-020 §3,
13. A public safety plan in accordance with
2006; Ord. 2005-003 §1, 2005; Ord. 95-032 § 1,
DCC 8.164250.
1995; Ord. 86.071 § 2, 1986; Ord. CG3
14. A parking plan demonstrating
(9/16/70) § 5, 1970)
compliance with DCC 8.16.4-260.
15. A copy of the proposed participant entry
8.16.170. Outdoor Mass Gathering and
form for the Outdoor Mass Gathering or
Extended Outdoor Mass
Extended Mass Gathering, including a
Gathering Hearing Required.
release agreement releasing Deschutes
A. No application for an Outdoor Mass
County, its officers, agents, employees or
Gathering permit shall be approved without
Chapter 8.16 8 (210/2007)
Page 8 of 15 - EXHIBIT A to Ordinance 2007-029
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 Health, 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,
Chapter 8.16 9
Page 9 of 15 - EXHIBIT A to Ordinance 2007-029
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)
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.
(210/2007)
(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
Chapter 8.16 10
Page 10 of 15 - EXHIBIT A to Ordinance 2007-029
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 and OAR 333-039.
1 Toilets. A eentr-aetual agFeement, with
shall aeeempany a"
ehemieal toilets r--and-the sanity
rnaintenanee--of these toilets, on a
eentinual basis, if neeessai=y, based upon
the Matie ^a (e) one toile` c-, a inn
persons o€-eaeh se*; and-(") ene or-inal
fer-eaeh-100 male--persons. Sneh
u ilitie shall be eewveniently 1 + a
and indieated on the sketeh plan.
2. Hand washing Faeilities. In the abseuEe
of Fuming water- and fiefmal hand
washing µ il:tie ek ea sanitafy
wet tewels, pfevided in adequate
niumbe and a entl1
..v,, .v,,,v„cry~wato
d, may
bested:
32. Water.
a. An adequate supply of
bae e ole all safe drinking wateF
shall be pFevided ~
leeatien with adequate sanitary
dispensing equipment (p
fountains, ete water meeting state
drinking water standards for
Chemicals and Bacteria shall be
provided.
b. Water quality results for Inorganic
chemicals and bacteria shall be
provided to the county prior to the
event.
4. Waste Celleetien-any-Removal. A
eeatfaetual agfeement with t-he--areas
€ranehised eelleeter-preViding -€er--an
adequate number of-eentainer-s, FOutifie
eel-leetion,,-=ne',r.~ading litter-, and rvfneva4
-53. Food Service Facilities. Food service
facilities shall comply with the State
Beer' of T1ealt Oregon Department of
(210/2007)
Human Services regulations that pertain
to the operation of temporary restaurants
should--sueh Opemt=iefi not exceed --39
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. 2007-029 §1, 2007; 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)
Chapter 8.16 11
Page 11 of 15 - EXHIBIT A to Ordinance 2007-029
8.16.240. Outdoor Mass Gathering and
Extended Outdoor Mass
Gathering - Medical Service.
A. The County Eavitenmental Health Division
Department 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. 2007-029 §1, 2007; 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
Gathering or Extended Outdoor
Mass Gathering.
2. The Organizer shall submit the names
and necessary background information,
fefms ided by the Sheriff-, for all
traffic-control and crowd-control
personnel to be utilized during the
(210/2007)
9trtdeerthe Outdoor Mass Gathering or
Extended Mass Gathering--der
3. All such personnel must meet the
following minimum standards in order to
be approved as suitable. by the Sher-iff
a. Be at least 18 years of age;
b. Be in good physical health; and
e. NeveF have been eenvieted--eta
€eleny ermisdemeaner invelving
dc. 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.
D. 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.
DE.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--w ever--assn-as ean We
abl eeted of them t enfer-ee +t,
law.
(Ord. 2007-029 §1, 2007; 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
Chapter 8.16 12
Page 12 of 15 - EXHIBIT A to Ordinance 2007-029
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.
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)
(210/2007)
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
Chapter 8.16 13
Page 13 of 15 - EXHIBIT A to Ordinance 2007-029
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
Gathering violates any provisions of this
chapter, the Board, County Administrator,
County Engineer, or Sheriff may immediately
suspend, revoke or terminate any permit for
an Outdoor Mass Gathering or Extended
Outdoor Mass Gathering and may seek any
legal remedy available.
C. The Outdoor Mass Gathering or Extended
Mass Gathering Organizer shall keep a
reasonable count of persons and vehicles
entering and leaving the Outdoor Mass
Gathering or Extended Outdoor Mass
Gathering.
(210/2007)
D.
E.
F
G.
If at any time during the Outdoor Mass
Gathering or Extended Outdoor Mass
Gathering held under a valid permit, the
number 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, 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.
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.
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 restrain, or
enjoin any violation of ORS 433.745. Cases
filed 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.
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
after the termination of the Outdoor Mass
Gathering or Extended Outdoor Mass
Gathering, the County code enforcement
officers may issue citations to the Organizer,
the landowner, all persons remaining at the
site, and to all persons who have left debris
behind.
H. The Outdoor Mass Gathering or Extended
Mass Gathering Organizer shall be wholly
responsible for payment of any fines imposed
under this Chapter or ORS 433.
1. 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.
(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)
8.16.310. Outdoor Mass Gathering and
Extended Outdoor Mass
Gathering Intoxicating Liquor
Prohibition.
A. No Organizer, landowner nor any person
having charge or control thereof at any time
when an 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 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)
Chapter 8.16 14 (210/2007)
Page 14 of 15 - EXHIBIT A to Ordinance 2007-029
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)
Chapter 8.16 15 (210/2007)
Page 15 of 15 - EXHIBIT A to Ordinance 2007-029