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HomeMy WebLinkAbout61-09 - Ord. Amending Chapter 5.18 for Musical Festivals to Temporary Outdoor Public EventsORDINANCE NUMBER ù[ .09 AN ORDINANCE AMENDING TITTE 5, CHAPTER 5.T 8 OF THE MASON COUNTY CODE FROM MUSICAT FESTIVAIS TO TEMPORARY OUTDOOR PUBTIC EVENTS AN ORDINANCE omend¡ng Title 5 (Business Toxes, Lícenses ond Regulotions), Chopter 5.'18 (Music Festivols). WHEREAS, the Boord of County Commissioners odopted through Ordinonce 145- Sl regulotion of musicol festivols in Moson County; ond WHEREAS, the sections provided under Ordinonce 145-8'l qnd Moson CounTy Code Chopter 5.,l8 ore limíted exclusively to musicol festivols; ond WHEREAS, representotives of severol County deportments porticipoted in the drofting of on this ordinonce to creote o process lhqt more occurotely oddresses the needs ond interests of Mqson County ond thot more inclusively regulotes oll opplicoble festivols ond events; ond WHEREAS, this code omendment will be focílitote more comprehensive ond responsible opprooch to úe coordinotion of such eyents to better protect ond preserve of the public peoce, heolth, sofety, morols, ond welfore of the citizens ond guests of Moson County. NOW THEREFORE, BE lT HEREBY ORDAINED, thot the Boord of Commissioners of Moson County hereby omends omendíng Title 5 (Business Toxes, Licenses ond Regulotions), Chopter 5.18 (Music Festivols) to Chopter 5.18 (Temporory Outdoor Public Event) (Attochment A). DATED th¡s -29doy of Jvly,2QO9. Boord of Commissioners Moson County, Woshington BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTONATTEST: Attachment A TITLE 5 - BUSINESS LICENSES AND REGULATIONS SECTION 5.I8. TEMPORARY OUTDOOR PUBLIC EVENT Sections: 5.18.010 Definition 5.18.020 Basic ctause 5.18.030 Event Location and Duration Limitations 5.18.040 Permit required - Fee regutation 5.18.050 Age of Appticant 5.18.060 Permit apptication - Procedure 5.18.070 Submission of plans for approval - Approving agencies 5.18.080 Pre-AppticationConference 5.18.090 Conditions 5.18.100 Compliance with Rutes & Regutations 5.18.110 Revocation of Permit - Statement of Right 5.18.1 20 Variances 5.18.1 30 Enforcement 5.18.140 Viotation - Penalty 5.18.150 Severabitity 5.1 8.010 Definition "Temporary Outdoor Public Event" shall be any temporarv activitv lasting more than four (4) contiguous hours that is not designed or intended to be a permanent use of a structure(s) or the land it occupies. Such events are open to the pubtic with or without a fee for a specified period/duration of time that is prearranged with and permitted by Mason County and wilt attract and accommodate the following number of people at any given time.. 5,000 or more for events occurring with the Urban Growth Areas. 3,000 or more for event occurring outside the Urban Growth Areas Such events can include, but are not limited to, presentations of outdoor, live or recorded musical entertainment or other large event which the applicant or Director of Community Development, or designee, believes or has reason to betieve will attract numbers of peopte as described above. Events for any number of people which are not advertised as open to the pubtic with or without a fee or events which are authorized by pubtic schools or governmentat entities held on pubtic lands shalt not be ctassified as Temporary Outdoor Public Events and shall not be subject to the standards set forth in this code section. Examples of events that are exempt sha[[ include, but not be timited to, the following:(a) Famity reunions/picnics;(b) Weddings,Birthdays,Anniversaries,Funerats;(c) Events hetd on school grounds; (d) Business or Corporate Retreats;(e) Organized religious events [ocated at an estabtished religious facitity; 7 /8/2009 -1- Attachment A (f) Events, uses or activities which have been authorized through an approved discretionary land use permit; or which are conducted in a public park or on pubtic landsl with approval, of the [oca[ governing agencies;(g) Events subject to the exemptions of Section 5.18.060(c). 5.18.020 Basic clause It shatt be unlawful for any person, persons, corporation, organization, landowner, or lessor to atlow, encourage, organize, promote, conduct, permit or cause to be advertised a temporary outdoor pubtic event ("Event") unless a valid county permit has been obtained for the operation of said Event. One such permit shall be required for each event as defined in Section 5.18.010. Criminal or civit tiabitity for failure to comply with the provisions of this chapter shall rest in a[[ persons, corporations, organizations, landowners or lessors who are responsible for obtaining permits under this provision. 5.18.030 Event Location and Duration Limitations(a) Temporary Outdoor Pubtic Events sha[[ be altowed, upon approved application, within a[[ Mason County urban growth areas and any rural residential districts outside the urban growth areas. The approval of an event permit provides for a temporary use of that property not otherwise allowed. All other regulations, aside from the approved event, shall remain in effect.(b) Events within these areas shall be timited to fourteen (14) cumutative days on any individual property within a twelve (12) month period. lt is at the applicant's discretion as to how the days are utilized throughout the twelve (12) month period. 5.18.040 Permit required - Fee regulation No temporary outdoor pubtic event may be hetd in Mason County outside the limits of the incorporated cities untess the person or persons sponsoring said event shatl first obtain a permit as hereinafter provided, and shatl comply with att regulations herein provided and that the fee for the temporary outdoor pubtic event permit to meet the cost of administering the same sha[[ be 5250.00 for each event. 5.18.050 Age of Appticant No permit shatl be issued to any person under eighteen (18) years of age, or twenty- one (21) if atcohot is to be served. 5.18.060 Permit application - Procedure(a) Written application for a temporary outdoor pubtic event permit shall be made to the Permit Assistance Center, 426 W. Cedar Street, Shelton, WA 98584 and said apptication must be submitted sixty (ó0) or more days prior to the first day upon which said Event is to be or may be hetd. Approval of permits as herein provided for shatl be made within forty-five (45) days after application therefore untess such permit shall be denied. Denial of the permit by the Department of Community Devetopment shall be in writing with reasons for the denial and shall be subject to appeal to the Hearing Examiner by action fited within ten (10) days of the deniat. t Pubtic lands as defined herein shatl be those properties owned and/or operated by government agencies including state, county, municipat, township, district, or other governmental unit. 7 /8t2009 -2- Attachment A (b) The County may require proper insurance, indemnification and hold harmless agreements, proof of possession of any Federal, State, or localty required permits or licenses, damage deposits, deposits for payment for cleanup, traffic control, security and other similar requirements which shatl be identified in the permit.(c) No fee, indemnification agreement or insurance requirement shatt be imposed when prohibited by the First and Fourteenth Amendments to the United States Constitution. Political or religious activity intended primarity for the communication or expression of ideas shatt be presumed to be a constitutionally protected event. Factors that may be considered in evaluating whether or not the fee applies include the nature of the event; the extent of commercial activity, such as the sales of food, goods, and services; product advertising or promotion, or other business participation in the event; the use or application of any funds raised; if part of any annual tradition or series, previous events in the sequence; and the pubtic perception of the event. (d) A vatid approved permit shall be posted at least ten (10) days prior to each event and at all times during the event in a conspicuous place where any event subject to this section is being conducted. 5.18.070 Submission of plans for approval - Approving agencies Whenever approval by a County government agency other than the Department of Community Development is required, apptication for such approval shall be made in the same manner at the times provided when apptying for a permit for the temporary outdoor pubtic event. When any type of physical facitity is required or subject to approval hereunder, preliminary approval may be granted based upon specific plans proposed and submitted by the applicant. Att such facilities shall be subject to inspection by the approving agencies or departments. Shoutd the actual facility or construction fail to meet the standards approved in the proposed plans such prel,iminary approval shatl be withdrawn and any and atl permits granted subject to such approval shall be withdrawn. 5.18.080 Pre-Apptication Conference Every person, corporate or organization representative, landowner or lessor apptying for a new or modified Temporary Outdoor Public Event permit shall attend a Pre- Apptication Conference. The purpose of this conference is to discuss the nature of the proposed Event, the application and permit requirements, fees, review process and schedule, appticabte ptans, map, policies and regulations. ln order to expedite review of the apptication, the county shatt invite a[[ affected departments, agencies and/or speciat districts to the Pre-Apptication Conference. County staff witt give pretiminary feedback to the potential applicant based on the level of information provided by the appticant at the conference and will inform the applicant of issues or special requirements that may resutt from the Application. The more information provided by the applicant for the pre-apptication conference, the more effective the comments from staff witt be on the components of the proposed Event. 5.18.090 Conditions(a) Public Health Department: No permit for a temporary outdoor pubtic event shatt be granted unless the application is accompanied by the written approval of the Mason County Heatth Department indicating that the applicants for said permit have comptied with the heatth requirements of said department for like 7 /8/2009 -3- (b) (c) (d) (e) (f) (g) (h) Attachment A or similar facilities. Said approval shall indicate the type and adequacy of water suppty to be provided, the type and adequacy of toilet, waste cotlection and washing facilities to be provided, and if there is to be food served on the premises, the type and adequacy of food preparation and food service facilities to be provided. Fire Protection: No permit shatt be granted hereunder unless the applicant has shown that the Mason County Fire Marshal has approved fire protection devices and equipment availabte at, or near any building, tent, stage or enclosure wherein or whereupon persons may be expected to congregate at any time during the course of such temporary outdoor pubtic event for which a permit is hereunder required. Traffic Control - Potice Protection: No permit shatl be granted hereunder unless it shatt be approved by the Mason County Sheriff's Department that adequate traffic control and crowd protection policing have been contracted for or otherwise provided by the applicant. Shoutd the event tocation impact a state route, the appropriate state agencies shatt be involved in any traffic controt and police protection plans. Parkinq: Application for a permit under this titte sha[[ be accompanied by a scate drawing showing adequate off street parking facilities having been availabte adjacent to the location for which the permit is requested. Adequate ingress and egress shall be provided from such parking area to facititate the movement of any vehicle at any time to or from the parking area. PROVIDED, that shoutd buses be used to transport persons to the entertainment, amusement or assembly, it shall be shown that public parking or parking as described above is availabte at any site from which buses are scheduled to transport persons to an event regutated by this Chapter. Traffic resulting from any temporary activity shatt not adversety affect surrounding properties or adjoining rights of way. The Director of Public Works shalt make any determination of adverse affects. lnspection: No permit shatl be granted hereunder unless the applicant shalt in writing upon the application for such a permit consent to a[[ow the law enforcement and pubtic health and fire control officers of the county come upon the premises for which the permit has been granted for the purpose of inspection and enforcement of the terms and conditions under which the permit is granted. Location: No temporary outdoor public event shall be operated in a location that is closer than two hundred fifty (250) feet from any schoolhouse, church, house, residence or other human habitation. Variation from this requirement witt be at the discretion of the permitting authority and evatuated on an individual basis. Applicants may seek written permission or waivers from property owners within 250 feet of an event to submit when requesting a variation from this requirement. Traffic / Access Plan: A traffic control plan shatl be submitted as part of the application package that shows the measures intended to minimize impacts to the roads and traffic. This shoutd inctude a description of the expected traffic votumes, what measures wi[[ be used for traffic ftow control, and what signs are proposed. A Road Use Permit witt be required for road ctosures or event parking on County roads or in the County road rights of way. Public Safety Plan: A Public Safety Plan prepared and submitted in accordance with Chapter 4, Section 403"2 of the 2006 lnternational Fire Code or most 718/2009 -4- Attachment A current edition. This plan shall provide for an appropriate levet of public safety under the authority and approval of the Mason County Fire Marshal in consuttation with additional local fire districts, as applicable. The contents of this plan shatt inctude, but are not timited to, provisions for emergency vehicte ingress and egress, fire protection, emergency medical services, and the need for fire and emergency medical services personnel at the event. 5.18.100 Compliance with rules and regulations No apptication for a temporary outdoor pubtic event permit shatl be issued until the Department of Community Development sha[[ have had an investigation and report as to whether the tocation or place to be used as a site for a temporary outdoor pubtic event conforms to atl rules and regutation of the Code of Mason County and the state law, particularty in regard to land use, fire, health, building, sanitary conditions and toilet conveniences. 5.1 8.1 10 Revocation of permit - Statement of Right The temporary outdoor public event permit issued under the provisions of this Chapter shatt state in substance that such permit is issued as a pubtic safety, sanitary and fire requisition measure, and that the right of the Department of Community Devetopment to revoke such permit is a consideration of issuance. lf any Temporary Outdoor Pubtic Event in Mason County is not being operated in accordance with the rules and regutations prescribed in this Chapter and set forth in the State [aw, the permittee shatt be subject to revocation of the permit, and the permittee or other individual responsible subject to such other punishment as the taw and this Chapter provide. 5.18.1 20 Appeals Administrative decisions of the Community Development Director or her/his designee shatl, be final and conclusive, unless a written statement of appeal is fited using the appeal procedures contained in Mason County Development Code Chapter 15.1 1 Appeats. Said statement shatl set forth any alleged errors and/or the basis for appeal and shatt be accompanied by a fee in an amount as set by resolution of the board. The timety fiting of an appeal shatl stay the effective date of the decision untiI such time as the appeat is heard and decided or is withdrawn. The burden of proof regarding modification or reversat shall rest with the appellant. 5.1 8.1 30 Enforcement Mason County is hereby authorized and directed to see that att provisions of the state law and local rules and regulations are enforced 5.18.140 Violation-Penalty Any person who shatt violate or fail to comply with any provision of this chapter or who sha[[ counset, aid or abet such a viotation or faiture to compty shatt be deemed guitty of a gross misdemeanor and shatl, upon conviction thereof, be fined in the sum of not more than one thousand dollars (S1,000) or imprisoned in the County Jai[ for not more than ninety (90) days, or both. Comptiance shall constitute minimum health, sanitation and safety provisions and failure to comply with the terms and conditions shatl 7 /8t2009 -5- Attachment A constitute a pubtic nuisance and shatt be subject to atl criminal, civil, and equitable remedies as such. 5.18.150 Severability lf any section of this Chapter or its application to any person or circumstances is hetd invalid, the remainder of this Chapter shatl remain in effect. -6-7t8t2009