HomeMy WebLinkAbout2025-063 - Ord. Amendment to Mason County Code Title 5 Chapter 5.18ORDINANCE NUMBER gag," (i 7j
AMENDMENT TO MASON COUNTY CODE TITLE 5, CHAPTER 5.18
ORDINANCE amending Mason County Code (MCC) Title 5 (Business Taxes, Licenses and
Regulations), Chapter 5.18 (Temporary Outdoor Public Events).
WHEREAS, the Board of County Commissioners adopted Ordinance 61-09 updating MCC
Chapter 5.18 from Music Festivals to Temporary Outdoor Public Events (TOPE); and
WHEREAS, TOPE did not accommodate permitting smaller venues, causing them to be
prohibited within certain zones; and
WHEREAS, representatives of several County departments and the Sheriff's Office
participated in drafting new amendments to more accurately address the needs and interests
of Mason County and that more inclusively allows festivals and events of any size; and
WHEREAS, the Commissioners considered the proposed amendments at duly advertised
public hearings on August 5, 2025, August 19, 2025, and October 14, 2025; and
WHEREAS, the Board of County Commissioners took public testimony from interested parties,
considered all the written and oral arguments, testimony and comments presented; and
WHEREAS, the Commissioners closed the public testimony, deliberated the proposed
amendments at a duly advertised public hearing on October 14, 2025; and
WHEREAS, the Board of County Commissioners finds that the proposed amendment to Title
5, Chapter 5.18, relating to Temporary Outdoor Public Events complies with all applicable
requirements of the Mason County Code, and that it is in the best public interest; and
BE IT HEREBY ORDAINED, that the Mason County Board of Commissioners hereby approves
and ADOPTS amendments to the Mason County Code Title 5, Chapter 5.18: Temporary
Outdoor Public Event as described in Attachment A.
DATED this l / day of Oe_#bbe+- 2025.
ATTEST:
010yt Iv
McKenzie Smith, Clerk of the Board
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
Sharon Trask, Chair
ORDINANCE NUMBER QnS" 010�
APPROVED AS TO FORM:
Tim Whitehea , Chd ief DPA
Pat Tarzwell, Commissioner
2
Title 5 - BUSINESS LICENSES AND REGULATIONS
Chapter 5.18 TEMPORARY OUTDOOR PUBLIC EVENT*
Mason County, Washington, Code of Ordinances Created: 2024‐07‐02 08:32:59 [EST]
(Supp. No. 67, 5-24, Update 2)
Page 1 of 4
Chapter 5.18 TEMPORARY OUTDOOR PUBLIC EVENT*
Sections:
5.18.010 Definition.
"Temporary Outdoor Public Event" shall be any temporary commercial activity lasting more than four
contiguous hours that is not designed or intended to be a permanent use of a structure(s) or the land it occupies.
Such events can include, but are not limited to, live or recorded musical entertainment or other events open to the
public and involve an exchange of currency either for profit or non-profit. Events which are not advertised as open
to the public or events which are authorized by public schools or government entities held on public lands1 shall
not be classified as Temporary Outdoor Public Events and shall not be subject to the standards set forth in this
code section. Events protected by the First and Fourth amendments of the United States Constitution, such as
gatherings intended primarily for the free expression of political or religious ideas shall not be subject to the
standards set forth in this code section.
(Ord. No. 61-09, Att. A, 7-7-2009)
1 Public lands as defined herein shall be those properties owned and/or operated by government agencies
including state, county, municipal, township, district, or other governmental unit.
5.18.020 Basic clause.
A valid county permit can be obtained by any person, persons, corporation, organization, landowner, or
lessor prior to the event ("Event"). Each event type, as defined in Section 5.18.010, requires an individual permit.
Responsibility for compliance with this provision and securing the necessary permits rests with all persons,
corporations, organizations, landowners, or lessors associated with the event.
(Ord. No. 61-09, Att. A, 7-7-2009)
5.18.030 Event location and duration limitations.
(a) Temporary Outdoor Public Events shall be allowed, upon approved application, within all Mason County
urban growth areas and any rural residential districts outside the urban growth areas. The approval of an
event permit provides for temporary use of that property not otherwise allowed. All other regulations, aside
from the approved event, shall remain in effect.
(b) Location: Public events shall be operated in a location that is greater than three hundred feet from any
schoolhouse, church, house, residence or other human habitation. Variation from this requirement will be at
the discretion of the permitting authority and evaluated on an individual basis. Applicants who seek written
permission or waivers from property owners within three hundred feet of an event can submit
documentation to obtain a variance from this requirement. Events over 2,000 attendees must meet the
proximity standards of RCW 70.108.100.
Created: 2024‐07‐02 08:32:59 [EST]
(Supp. No. 67, 5-24, Update 2)
Page 2 of 4
(c) Events within these areas shall be limited to fourteen cumulative days on any individual property within a
twelve-month period. It is at the applicant's discretion as to how the days are utilized throughout the twelve-
month period.
(Ord. No. 61-09, Att. A, 7-7-2009)
5.18.040 Permit fee.
The fee for the temporary outdoor public event permit to meet the cost of administering the same shall be
three hundred fifty dollars or as indicated in the fee schedule for each reviewing department.
(Ord. No. 61-09, Att. A, 7-7-2009)
5.18.050 Age of applicant.
No permit shall be issued to any person under eighteen years of age, or twenty-one if alcohol is to be served.
(Ord. No. 61-09, Att. A, 7-7-2009)
5.18.060 Permit application; procedure.
(a) Application for a temporary outdoor public event permit shall be made to the Permit Assistance Center, 615
W. Alder Street, Shelton, WA 98584 and said application must be submitted sixty or more days prior to the
first day upon which said Event is to be or may be held.
(b) The County may require proper insurance, indemnification and hold harmless agreements, proof of
possession of any Federal, State, or locally required permits or licenses, damage deposits, deposits for
payment for cleanup, traffic control, security and other similar requirements which shall be identified in the
permit.
(c) A valid approved permit shall be posted at least ten 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.
(Ord. No. 61-09, Att. A, 7-7-2009)
5.18.070 Conditions.
(a) Public Health Department: If food will be served on the premises, each vendor shall obtain the appropriate
Food Establishment Permit according to MCC 6.08.
1. Requirements for events with less than 2000 estimated maximum daily attendees:
a. Toilet Facilities: Approved means of sewage collection are toilets connected to an approved
public sewer, on-site septic system, large on-site septic system, or use of chemical toilets. Use of
pit privies and outhouses is prohibited. All Sewage generated at the event shall be disposed of in
accordance with MCC 6.76. The number of toilets shall be supplied according to the following
table:
Estimated Maximum Daily Attendees Required Number of Toilets
0-50 2
51-499 One for every 83 attendees
Created: 2024‐07‐02 08:32:59 [EST]
(Supp. No. 67, 5-24, Update 2)
Page 3 of 4
500-1999 Six for 500 attendees plus 2 for every additional
500 attendees
b. Potable water: Potable water, including that used for handwashing, must be sourced from an
approved public water system in compliance with WAC 246-290 and WAC 246-291 or bottled
water produced in accordance with WAC 16-165
2. Requirements for events with 2000 or more estimated maximum daily attendees shall comply with RCW
70.108 and WAC 246-374. Where WAC 246-374 conflicts with Mason County Code or other chapters of Title
246 WAC, the more stringent requirement shall apply.
(b) Public Safety Plan: This plan shall provide for an appropriate level of public safety under the authority and
approval of the Mason County Fire Marshal in consultation with additional local fire districts, Mason County
Sheriff’s Office, and Public Works. The contents of this plan shall include, but are not limited to the following
elements and details:
1. Fire Protection: The applicant shall demonstrate the event has approved fire protection devices and
equipment available 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 the event.
2. Traffic Control/Access: A Traffic Control/Access plan shall be submitted as part of the application
package that shows the measures intended to minimize impacts to the roads and traffic. This should
include a description of the expected traffic volumes, what measures will be used for traffic flow
control, and what signs are proposed. A Road Use Permit from the Public Works Department will be
required for road closures or event parking on County roads or in the County rights-of-way. Said
plan shall not be approved until it is demonstrated to the Mason County Sheriff's Office that
adequate traffic control and crowd protection policing have been contracted for or otherwise
provided by the applicant. Should the event location impact a state route, the appropriate state
agencies shall be involved in any traffic control and police protection plans.
3. Parking: A parking plan which includes a scale drawing shall be provided showing adequate off-
street parking facilities are available adjacent to the location for which the permit is requested.
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. If buses are to be used to transport people to
the event, it shall be shown that public parking or parking as described above is available at any site
buses depart for the event venue. Traffic resulting from any temporary activity shall not adversely
affect surrounding properties or adjoining rights of way. Any determination of adverse effects shall
be made by the Director of Public Works.
4. Crowd Managers: No fewer than two trained Crowd Managers, and not fewer than one trained
Crowd Manager for each 250 persons or portion thereof shall be provided for the event. The duties
of Crowd Managers shall include but not be limited to identifying, posting and maintaining egress
routes, mitigation of any fire hazards, verifying compliance with permit conditions, directing and
assisting with the evacuation of attendees in an emergency, assist emergency response personnel as
requested and any other duties as directed by the Fire Marshal or identified in the Public Safety
Plan. The training and qualifications of Crowd Managers shall be approved by the Fire Marshal or
his/her designee.
(c) Inspection: The applicant shall consent to allow the county and its representatives to come upon the
premises for purpose of inspection and enforcement of the terms and conditions of the permit.
(Ord. No. 61-09, Att. A, 7-7-2009)
Created: 2024‐07‐02 08:32:59 [EST]
(Supp. No. 67, 5-24, Update 2)
Page 4 of 4
5.18.080 Revocation of permit; statement of right.
The temporary outdoor public event permit issued under the provisions of this Chapter shall state in
substance that such permit is issued as a public safety, sanitary and fire requisition measure, and that the right of
the Department of Community Development to revoke such permit is a consideration of issuance. If any
Temporary Outdoor Public Event in Mason County is not being operated in accordance with the rules and
regulations prescribed in this Chapter and set forth in the State law, the permittee shall be subject to revocation of
the permit.
(Ord. No. 61-09, Att. A, 7-7-2009)
5.18.090 Appeals.
Administrative decisions of the Community Development Director or her/his designee shall be final and
conclusive, unless a written statement of appeal is filed using the appeal procedures contained in Mason County
Development Code Chapter 15.11 Appeals. Said statement shall set forth any alleged errors and/or the basis for
appeal and shall be accompanied by a fee in an amount as set by resolution of the board.
The timely filing of an appeal shall stay the effective date of the decision until such time as the appeal is
heard and decided or is withdrawn. The burden of proof regarding modification or reversal shall rest with the
appellant.
(Ord. No. 61-09, Att. A, 7-7-2009)
5.18.110 Severability.
If any section of this Chapter or its application to any person or circumstances is held invalid, the remainder
of this Chapter shall remain in effect.
(Ord. No. 61-09, Att. A, 7-7-2009)